Hastings Local Environmental Plan 1987

Part 1 Preliminary

1 Name of plan

This plan may be cited as Hastings Local Environmental Plan 1987.

2 Aims, objectives etc

The aims of this plan are:

(a)  to provide for rural and village development by ensuring that adequate provision is made to meet the needs of an expanding population,

(b)  to protect areas which depend on agricultural use of the land,

(c)  to protect areas which are environmentally sensitive and which enhance visual amenity,

(d)  to provide a safe and efficient transport network connecting land use activities within and outside the Municipality of Hastings,

(e)  to permit urban expansion of Port Macquarie while protecting areas which are environmentally sensitive and which enhance visual amenity,

(f)  to make general provisions for the urban expansion of Port Macquarie, allowing more detailed provisions relating to staging of urban expansion to be made by way of a development control plan, and

(g)  to manage the urban areas of the Municipality of Hastings by strengthening retail hierarchies, promoting appropriate tourism development, guiding urban form, providing for the protection of heritage items and precincts and controlling the development of flood prone urban land, and

(h)  based on a 1991 Hastings Heritage Study:

(i)  to conserve the environmental heritage of the Municipality of Hastings,

(ii)  to integrate heritage conservation into the planning and development control processes,

(iii)  to provide for public involvement in the matters relating to the conservation of the environmental heritage of the Municipality of Hastings, and

(iv)  to ensure that new development is undertaken in a manner that is sympathetic to and does not detract from the heritage significance of heritage items and their settings, as well as streetscapes and landscapes of the area and the distinctive character that they impart to the Municipality of Hastings.

cl 2: Am 5.2.1988; 31.8.1990; 6.8.1993.

3 Land to which plan applies

(1)  This plan applies to certain land situated in the Municipality of Hastings as shown on the map, with boundaries indicated on the map.

(2)  However, this plan does not apply to land to which Hastings Local Environmental Plan 2001 applies.

cl 3: Am 8.6.2001.

4 Notes in the text

Matter which appears in this plan under the heading “Note” is an explanatory note and does not form part of this plan. It is provided to assist understanding.

cl 4: Rep 31.8.1990. Ins 22.4.1994.

5–7 (Repealed)

cll 5–7: Rep 31.8.1990.

8 Interpretation

(1)  In this plan, except in so far as the context or subject matter otherwise indicates or requires:

acid sulfate soil means soil containing highly acidic soil horizons or layers resulting from the aeration of soil materials that are rich in iron sulfides, primarily pyrite.

acid sulfate soils map means the map marked “Hastings Local Environmental Plan 1987—Acid Sulfate Soils Map”, kept in the office of the council.

actual acid sulfate soils means acid sulfate soils containing acidic soil material resulting from the oxidation of iron sulfides. The soil material has a pH of less than 4.0 when measured in dry season conditions and may be identified by yellow mottles and coatings of jarosite, overlying potential acid sulfate soils or 0.05% or more oxidisable sulfur.

aeroplane landing area means an area in private ownership and not used for scheduled public aircraft flights, which is set apart for the taking off and landing of light aircraft and complies with the requirements of the Civil Aviation Authority, but does not include a helipad. (For the purposes of this definition, light aircraft means an aircraft of no more than 5 700 kilograms take-off weight.)

alter, in relation to a heritage item means:

(a)  make structural changes to the outside of the heritage item, or

(b)  make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, not including changes that result from maintenance of the existing detail, fabric, finish or appearance of the outside of the heritage item.

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

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

arterial road means a road or proposed road:

(a)  indicated on the map by a continuous red line between black lines,

(b)  within Zone No 9 (b), or

(c)  indicated on the map by parallel intermittent black lines.

bed and breakfast establishment means a building used as a dwelling-house and for providing holiday accommodation. Such holiday accommodation is to be limited to three bedrooms and is not to include self-contained accommodation.

brothel means premises habitually used for the purposes of prostitution or premises that are designed to be used for that purpose. Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution (prostitution meaning engaging in sexual acts or providing sexual services in return for payment or other material reward, otherwise than in the normal course of a medical or veterinary practice).

car parking means the use of land for the parking of private passenger vehicles, and includes:

(a)  a public carpark provided by the Council, or

(b)  a private carpark ancillary to a land use on adjacent land, whether or not the carpark is situated on land within a zone which prohibits that land use.

caravan park means land used for the placement of movable dwellings and which may be so used only if authorised by a licence issued under section 289H of the Local Government Act 1919.

cluster housing means integrated residential development that consists of:

(a)  the subdivision of land into 3 or more allotments, and

(b)  the erection of a dwelling-house on each of the allotments to be created by that subdivision, but only if the erection of the dwelling-house occurs prior to the issue of a subdivision certificate (except where a strata management statement, or restriction as to user, prohibits any dwelling-house on each lot other than the dwelling-house consented to as part of the cluster housing consent).

community centre means:

(a)  a building used for the purpose of rest rooms, meeting rooms or indoor recreation or for providing other similar facilities,

(b)  a building or place used for the purpose of conducting social functions, child minding, cultural activities or other similar activities, or

(c)  a building or place used for any combination of those purposes,

but does not include a place of assembly.

conservation plan means a document establishing the significance of a heritage item and identifying the policies that are appropriate to enable that significance to be retained in its future use and development.

Council means the Council of the Municipality of Hastings.

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

dual occupancy means 2 dwellings (whether attached or detached) on:

(a)  a single allotment of land, or

(b)  2 allotments of land created in accordance with State Environmental Planning Policy No 25—Residential Allotment Sizes and Dual Occupancy Subdivisions.

dwelling-house means a building containing one, but not more than one, dwelling, but does not include a building elsewhere specifically defined in this plan or a building used for a purpose elsewhere specifically defined in this plan.

Environment Protection Authority’s guidelines means “Environmental Guidelines: Assessing and Managing Acid Sulfate Soils”, published by the Environment Protection Authority, as amended from time to time.

exhibition home means the use, for display purposes, of:

(a)  a dwelling-house, or

(b)  a dwelling forming part of a dual occupancy, cluster housing or a residential flat building.

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

floor space ratio map means the map marked “Hastings Local Environmental Plan 1987—Floor Space Ratios”, as amended by the maps marked as follows:

Editorial note—

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

Hastings Local Environmental Plan 1987—Floor Space Ratios (Amendment No 36)

Hastings Local Environmental Plan 1987—Floor Space Ratio Map (Amendment No 54)

frontage, in relation to an allotment of land, means that portion of the allotment abutting a public road.

front building alignment, in relation to a building, means the point of the building closest to a road to which the allotment on which that building is erected has access.

Hastings DCP No 36 means Hastings Development Control Plan No 36—Exempt and Complying Development, as adopted by the Council on 26 May 2003, and as amended by the following development control plans with their respective Council adoption dates:

Port Macquarie-Hastings Development Control Plan (Associated Amendments) 2006—27 March 2006

heritage item means a building, work, relic, tree, or place of heritage significance to the Municipality of Hastings described in Schedule 1.

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

home business means a business, industry or occupation carried on by the occupants in or within the curtilage of a dwelling-house or a residential flat building.

intensive livestock keeping establishment means a building or place in which or on which cattle, sheep, goats, poultry or other livestock are held for the purpose of nurturing either wholly or partially by a feeding method other than natural grazing, and without limiting the generality of the foregoing, includes:

(a)  feed lots,

(b)  piggeries,

(c)  poultry farms, and

(d)  similar purposes,

but does not include an animal boarding or training establishment or an establishment for the keeping of livestock or poultry intended solely for personal consumption or enjoyment by the owner or occupier of the land.

main road means a road or work, or a proposed road or work, declared under section 46 to 53 of the Roads Act 1993 to be a:

(a)  main road,

(b)  State highway,

(c)  freeway,

(d)  controlled access road,

(e)  secondary road,

(f)  tourist road,

(g)  tollway, or

(h)  State work.

maintenance means the continuous protective care of the fabric of a heritage item and its setting.

medical centre means a building used by one or more legally qualified medical practitioners or by one or more dentists within the meaning of the Dentists Act 1989, or by one or more health care professionals, who practise therein the profession of medicine, dentistry or health care respectively, and who employ ancillary staff in connection with that practice.

miscellaneous forestry means operations involving the harvesting of native forests for poles, sleepers, girders, piles, pit props and fencing materials, but does not include operations involving:

(a)  the reduction in the canopy of a forest below a level of 20 per cent of the canopy, or

(b)  the clearfelling of an area in excess of 2 hectares.

movable dwelling means:

(a)  any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or

(b)  any conveyance, structure or thing of a class or description prescribed under section 289E of the Local Government Act 1919.

multiple occupancy means a type of residential accommodation or occupation, on a clustered or dispersed basis, of rural properties held in common ownership in the form of individual buildings or groups or clusters of buildings which together function as dwelling-houses.

neighbourhood centre means an integrated development containing shops and commercial premises which serve the local community and are limited in scale, with ancillary parking and landscaping and whether or not it also contains development for the purposes of a bus station, child care centre, club, community centre, dwelling attached to other buildings, hotel, place of assembly, place of public worship, medical centre, public building, recreation facility, refreshment room, retail plant nursery or service station.

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

potential acid sulfate soils means soil material which is waterlogged and contains oxidisable sulfur compounds and that has a field pH of 4 or more but will become severely acid when oxidised.

potential historical archaeological site means a site identified in Schedule 1A as a site of potential historical archaeological significance.

public utility undertaking means 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)  emergency services,

(d)  waste management facilities,

and a reference to a person carrying on a public utility undertaking shall be construed as including a reference to a council, county council, Government Department, corporation, firm or authority carrying on the undertaking.

recreation area means:

(a)  a children’s playground,

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

(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 for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes,

but does not include a racecourse or a showground.

relic means any deposit, object or material evidence (terrestrial or underwater) relating to the use or settlement of the area of the land to which this plan applies which is 50 or more years old.

rural tourist facility means an establishment providing holiday accommodation, recreation or educational facilities which is or are compatible in form and density with the rural nature of the locality in which the establishment is situated.

selective logging means operations involving the logging of native forests for sawlogs, but does not include operations involving:

(a)  the reduction in the canopy of a forest below a level of 20 per cent of the canopy, or

(b)  the clearfelling of an area in excess of 2 hectares.

the map means the map marked “Hastings Local Environmental Plan 1987” as amended by the maps marked as follows:

Editorial note—

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

Hastings Local Environmental Plan 1987 (Amendment No 1)

Hastings Local Environmental Plan 1987 (Amendment No 3)

Hastings Local Environmental Plan 1987 (Amendment No 7)

Hastings Local Environmental Plan 1987 (Amendment No 8)

Hastings Local Environmental Plan 1987 (Amendment No 10)

Hastings Local Environmental Plan 1987 (Amendment No 11), except for the area marked “Deferred”

Hastings Local Environmental Plan 1987 (Amendment No 14)

Hastings Local Environmental Plan 1987 (Amendment No 18)

Hastings Local Environmental Plan 1987 (Amendment No 23)

Hastings Local Environmental Plan 1987 (Amendment No 24)

Hastings Local Environmental Plan 1987 (Amendment No 25)

Hastings Local Environmental Plan 1987 (Amendment No 26)

Hastings Local Environmental Plan 1987 (Amendment No 31)

Hastings Local Environmental Plan 1987 (Amendment No 35)

Hastings Local Environmental Plan 1987 (Amendment No 39)

Hastings Local Environmental Plan 1987 (Amendment No 40)

Hastings Local Environmental Plan 1987 (Amendment No 50)

Hastings Local Environmental Plan 1987 (Amendment No 52)

Hastings Local Environmental Plan 1987 (Amendment No 53)

Hastings Local Environmental Plan 1987 (Amendment No 54)

Hastings Local Environmental Plan 1987 (Amendment No 55)

Hastings Local Environmental Plan 1987 (Amendment No 56)

Hastings Local Environmental Plan 1987 (Amendment No 57)

Hastings Local Environmental Plan 1987 (Amendment No 66)

Hastings Local Environmental Plan 1987 (Amendment No 68)

Hastings Local Environmental Plan 1987 (Amendment No 70)

Hastings Local Environmental Plan 1987 (Amendment No 71)

Hastings Local Environmental Plan 1987 (Amendment No 78)

Hastings Local Environmental Plan 1987 (Amendment No 79)

Hastings Local Environmental Plan 1987 (Amendment No 81)

Hastings Local Environmental Plan 1987 (Amendment No 85)

Hastings Local Environmental Plan 1987 (Amendment No 86)

Hastings Local Environmental Plan 1987 (Amendment No 88)

Hastings Local Environmental Plan 1987 (Amendment No 96)

Hastings Local Environmental Plan 1987 (Amendment No 100)

Hastings Local Environmental Plan 1987 (Amendment No 104)

Hastings Local Environmental Plan 1987 (Amendment No 106)

Hastings Local Environmental Plan 1987 (Amendment No 108)

Hastings Local Environmental Plan 1987 (Amendment No 110)

utility installation means:

(a)  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, or

(b)  a radio or television transmitter tower.

waste management facility means any council controlled premises or works used for the storage, treatment, reprocessing, sorting or disposal of waste and, without limiting the generality of the forgoing, includes:

(a)  waste management and disposal centres, including landfill sites and waste transfer stations,

(b)  recycling facilities, including material recovery facilities and waste processing facilities, and

(c)  parking or storage areas for equipment and plant associated with the council’s waste management program.

worker’s dwelling-house means a dwelling-house which is on land on which there is already a dwelling-house and which is occupied by persons engaged in rural occupations on that land.

(2)  In this plan, except in so far as the context or subject-matter otherwise indicates or requires:

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

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

(c)  a reference to land within a zone specified in clause 11 is a reference to land shown on the map in the manner indicated in that clause as applicable to indicate land of the zone so specified.

cl 8: Am 5.2.1988; 10.3.1989; 23.6.1989; 25.8.1989; 8.9.1989; 2.2.1990; 31.8.1990; 22.3.1991; 5.7.1991; 1.11.1991; 3.7.1992; 28.8.1992; 25.9.1992; 13.11.1992; 6.8.1993; 20.8.1993; 27.8.1993; 28.1.1994; 4.2.1994; 11.2.1994; 27.5.1994; 17.6.1994; 26.8.1994; 19.5.1995; 8.9.1995; 29.9.1995; 3.11.1995; 12.7.1996; 8.11.1996; 15.11.1996; 7.3.1997; 27.6.1997; 25.7.1997; 13.2.1998; 8.5.1998; 24.7.1998; 16.10.1998; 4.12.1998; 11.12.1998; 19.2.1999; 15.10.1999; 10.12.1999; 25.2.2000; 14.7.2000; 28.7.2000; 15.9.2000; 2.3.2001; 21.6.2002; 12.9.2003; 2006 (469), Sch 1.

8A Exempt development

Development listed in Schedule 1 to Hastings DCP No 36 is exempt development provided it satisfies the applicable requirements listed in that Schedule, meets the deemed-to-satisfy provisions of the Building Code of Australia and is not on land that:

(a)  is critical habitat, (within the meaning of the Threatened Species Conservation Act 1995) or

(b)  is part of a wilderness area (within the meaning of the Wilderness Act of 1987), or

(c)  is the site of a heritage item, or

(d)  is subject to an order under the Heritage Act 1977, or

(e)  is affected by an easement, a water main or a sewer main and the proposed development is located over the easement, water main or sewer main.

cl 8A: Ins 26.3.1999. Am 15.9.2000; 21.6.2002.

8B Complying development

(1)  Development listed in Schedule 2 to Hastings DCP No 36 is complying development if it is allowed with the Council’s consent in the zone under Item 3 of the Table to clause 12.

(2)  Development is complying development only if:

(a)  it meets the applicable requirements specified in Hastings DCP No 36 applying to the development, and

(b)  in the case of development involving a building, the building complies with the deemed-to-satisfy provisions of the Building Code of Australia, except where provided for in Schedule 2 of Hastings DCP No 36, and

(c)  it does not include the exhibition or sale of material (whether literature, video, film, goods or articles) used or intended for use in connection with sexual behaviour and classified or refused classification under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, or the exhibition of objects primarily concerned with sexual behaviour, and

(d)  it is not carried out on land that:

(i)  is an Aboriginal place under the National Parks and Wildlife Act 1974, or

(ii)  is land to which State Environmental Planning Policy No 14—Coastal Wetlands applies, or

(iii)  is land to which State Environmental Planning Policy No 26—Littoral Rainforests applies, or

(iv)  is identified in this plan or a development control plan adopted by the Council as being contaminated, within a buffer area, or subject to subsidence, slip or erosion, or

(v)  is in a watercourse or flood path for a 1% AEP event, unless explicitly permitted within Hastings DCP No 36, or

(vi)  has previously been used as a service station or a saw mill, or for intensive agriculture, mining or extractive industry, or

(vii)  is an aquatic reserve declared under the Fisheries Management Act 1994, or

(e)  no environmental planning instrument states that the adequacy of an acid sulfate soils management plan for the proposed development must be considered before consent can be granted for it, and

(f)  where it will result in the doing of anything referred to in section 78A (3) of the Act for which an approval is required or in the removal of a tree or native vegetation for which an approval or consent is required, that approval or consent has been obtained, and

Note—

Section 78A (3) of the Act refers to development applications involving an associated approval under section 68 of the Local Government Act 1993.

(g)  it is not integrated development, and

Note—

Integrated development is development which is subject to an associated approval under other legislation, as listed in section 91 of the Act. It is subject to special referral processes. An example is a development requiring a bush fire safety authority under the Rural Fires Act 1997.

(h)  it is not prevented from being complying development by virtue of section 76A (6) of the Act.

Note—

The authority for this LEP to define complying development is contained in section 76A (5) of the Environmental Planning and Assessment Act 1979. This authority is qualified by subsection (6), which states:

  

(6)  A provision under subsection (5) cannot be made:

(a)  if the development is State significant development, or

(b)  if the development is designated development, or

(c)  if the development is development for which development consent cannot be granted except with the concurrence of a person other than:

(i)  the consent authority, or

(ii)  the Director-General of National Parks and Wildlife as referred to in section 79B (3), or

(d)  so as to apply to land that is critical habitat, or

(e)  so as to apply to land that is, or is part of, a wilderness area (within the meaning of the Wilderness Act 1987), or

(f)  so as to apply to land that comprises, or on which there is, an item of the environmental heritage:

(i)  that is subject to an interim heritage order under the Heritage Act 1977, or that is listed on the State Heritage Register under that Act, or

(ii)  that is identified as such an item in an environmental planning instrument, or

(g)  so as to apply to land that is identified as an environmentally sensitive area in the environmental planning instrument that makes provision for the complying development.

A provision made under subsection (5) has no effect in relation to development or land at any time during which the development or land is development or land to which paragraph (a)–(g) applies.

(3)  A complying development certificate must include those conditions specified in Hastings Development Control Plan (DCP) No 36 Exempt and Complying Development, as in force when the certificate is issued that are applicable to the particular type of development for which the certificate is sought.

cl 8B: Ins 26.3.1999. Am 15.9.2000; 21.6.2002; 12.9.2003.

9 Adoption of Model Provisions

(1)  The Environmental Planning and Assessment Model Provisions 1980 are adopted for the purposes of this plan, except for:

(a)  the definitions of advertising structure, arterial road, dwelling-house, home industry, home occupation, main road, map, place of assembly, professional consulting rooms, public utility undertaking, rural worker’s dwelling, units for aged persons and utility installation in clause 4 (1), and

(b)  clauses 5 (5), 15, 17, 29, 33 and 35 (c).

(2)  A reference in the definitions of commercial premises, recreation establishment and shop in clause 4 (1) of the Environmental Planning and Assessment Model Provisions 1980 to clause 4 of those Provisions is to be construed as including a reference to clause 8 (1) of this plan.

cl 9: Am 5.2.1988; 23.6.1989; 2.2.1990. Subst 31.8.1990. Am 27.5.1994.

10 Consent authority

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

Part 2 General restrictions on development of land

11 Zones indicated on the map

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

Zone No 1 (a1) (Rural “A1” Zone)—coloured light brown, edged black and lettered “1 (a1)”.

Zone No 1 (a2) (Rural “A2” (Flood Prone) Zone)—coloured light brown, edged black and lettered “1 (a2)”.

Zone No 1 (a3) (Rural “A3” (Agricultural Protection) Zone)—coloured light brown, edged black and lettered “1 (a3)”.

Zone No 1 (a4) (Rural “A4” (Agricultural Protection) Zone)—coloured light brown, edged black and lettered “1 (a4)”.

Zone No 1 (c1) (Rural “C1” (Smallholdings) Zone)—coloured light brown, edged black and lettered “1 (c1)”.

Zone No 1 (f1) (Rural “F1” (Forests) Zone)—coloured light brown, edged black and lettered “1 (f1)”.

Zone No 1 (i) (Rural Residential Investigation Zone)—coloured light brown, edged black and lettered “1 (i)”.

Zone No 1 (r1) (Rural Residential Zone)—coloured light brown, edged black and lettered “1 (r1)”.

Zone No 1 (u) (Rural “U” (Urban Fringe) Zone)—coloured light brown, edged black and lettered “1 (u)”.

Zone No 2 (a1) (Residential “A1” Zone)—coloured light scarlet, edged black and lettered “2 (a1)”.

Zone No 2 (a2) (Residential “A2” (Restricted) Zone)—coloured light scarlet, edged black and lettered “2 (a2)”

Zone No 2 (a4) (Residential “A4” Zone)—coloured light scarlet, edged black and lettered “2 (a4)”.

Zone No 2 (c) (Residential “C” (Consolidation) Zone)—coloured light scarlet, edged black and lettered “2 (c)”

Zone No 2 (t) (Residential “T” (Tourist) Zone)—coloured light scarlet, edged black and lettered “2 (t)”

Zone No 2 (t2) (Tourist (Restricted) Zone)—coloured light scarlet, edged black and lettered “2 (t2)”

Zone No 2 (v) (Residential “V” (Village or Township) Zone)—uncoloured, edged black and lettered “V”.

Zone No 3 (a) (General Business Zone)—coloured light blue, edged black and lettered “3 (a)”

Zone No 3 (b) (Peripheral Business Zone)—coloured light blue, edged black and lettered “3 (b)”

Zone No 3 (c) (Neighbourhood Business Zone)—coloured dark blue, edged black and lettered “3 (c)”

Zone No 3 (s) (Special Business Zone)—coloured light blue, edged black and lettered “3 (s)”

Zone No 3 (t) (Tourist Business zone)—coloured light blue, edged black and lettered “3 (t)”

Zone No 4 (a) (Industrial “A” (General Industrial) Zone)—coloured purple, edged black and lettered “4 (a)”.

Zone No 4 (b) (Service Industrial Zone)—coloured purple, edged black and lettered “4 (b)”

Zone No 4 (t) (Industrial Technology Zone)—coloured purple, edged black and lettered “4 (t)”

Zone No 5 (a) (Special Uses “A” Zone)—coloured yellow, edged black and lettered “5 (a)”.

Zone No 5 (c) (Special Uses “C” (Buffer) Zone)—coloured orange, edged black and lettered “5 (c)”.

Zone No 6 (a) (Open Space “A” (Existing Recreation) Zone)—coloured dark green, edged black and lettered “6 (a)”.

Zone No 6 (b) (Open Space “B” (Proposed Recreation) Zone)—coloured light green, edged black and lettered “6 (b)”.

Zone No 6 (c) (Open Space “C” (Private Recreation) Zone)—coloured dark green, edged black and lettered “6 (c)”.

Zone No 7 (a) (Environment Protection “A” (Wetlands) Zone)—coloured orange, edged black and lettered “7 (a)”.

Zone No 7 (b) (Environment Protection “B” (Secondary) Zone)—coloured orange, edged black and lettered “7 (b)”

Zone No 7 (d) (Environment Protection “D” (Scenic) Zone)—coloured orange, edged black and lettered “7 (d)”.

Zone No 7 (f1) (Environment Protection “F1” (Coastal Lands Protection) Zone)—coloured orange, edged black and lettered “7 (f1)”.

Zone No 7 (f2) (Environment Protection “F2” (Coastal Lands Acquisition) Zone)—coloured orange, edged black and lettered “7 (f2)”.

Zone No 7 (h) (Environment Protection “H” (Habitat) Zone)—coloured orange, edged black and lettered “7 (h)”.

Zone No 8 (a) (National Parks and Nature Reserves “A” (Existing) Zone)—uncoloured, edged black and lettered “8 (a)”.

Zone No 8 (b) (National Parks and Nature Reserves “B” (Proposed Future National Park Extension Area) Zone)—uncoloured, edged broken black and lettered “8 (b)”.

Zone No 9 (b) (Reservation “B” (Arterial Roads) Zone)—broken red band between a firm black line and a broken black line and lettered “9 (b)”.

Zone No 9 (c) (Local Roads Zone)—coloured grey, edged black and lettered “9 (c)”.

cl 11: Am 5.2.1988; 10.3.1989; 31.8.1990; 22.3.1991; 5.7.1991; 13.11.1992; 12.7.1996; 7.3.1997; 27.6.1997; 24.7.1998; 19.2.1999; 2005 No 64, Sch 2.20 [1].

12 Zone objectives and development control table

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

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

(a)  development may be carried out without development consent,

(b)  development may be carried out without development consent, and

(c)  development is prohibited,

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

(3)  In determining development applications, the Council shall take into consideration the objectives of the zone within which the development is proposed to be carried out.

Table

Zone No 1 (a1)   (Rural “A1” Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to protect and encourage utilisation of the productive potential of resources located in rural areas, and

(b)  to prevent the unnecessary, premature or sporadic fragmentation of rural land, to protect the agricultural potential of land and also to ensure that development does not create unreasonable or uneconomic demands for the provision or extension of public amenities and services, and

(c)  to enable appropriate development falling within Item 3.

2 Without development consent

Agriculture (other than building structures ancillary to agriculture, animal boarding or training establishments and intensive livestock keeping establishments); forestry.

3 Only with development consent

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

4 Prohibited

Aeroplane landing areas within one kilometre of the coast; boarding houses; brothels; car repair stations; cluster housing; commercial premises; dual occupancies (detached dwellings only); industries (other than offensive or hazardous industries and rural industries); medical centres; motor showrooms; neighbourhood centres; residential flat buildings; shops (other than general stores); tourist facilities (other than rural tourist facilities); warehouses.

Zone No 1 (a2)   (Rural “A2” (Flood Prone) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to prevent development in flood liable areas that is likely to:

(i)  lead to loss of life or property, or

(ii)  increase demand for flood mitigation measures or emergency services, or

(iii)  impede the operation of floodway systems, in times of flood, and

(b)  to prevent the unnecessary, premature or sporadic fragmentation of rural land, to protect the agricultural potential of land and also to ensure that development does not create unreasonable or uneconomic demands for the provision or extension of public amenities and services, and

(c)  to enable appropriate development falling within Item 3.

2 Without development consent

Nil.

3 Only with development consent

Advertisements; aeroplane landing areas (not within 1 kilometre of the coast); agriculture; car parking; demolition; dwelling-houses; extractive industries; forestry; home businesses; mines; recreation areas; roads; utility installations (other than gas holders); workers’ dwelling-houses.

4 Prohibited

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

Zone No 1 (a3)   (Rural “A3” (Agricultural Protection) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to protect and encourage utilisation of the productive potential of resources located in rural areas, particularly rural land with high agricultural quality, and

(b)  to prevent the unnecessary, premature or sporadic fragmentation of rural land, to protect the agricultural potential of land and also to ensure that development does not create unreasonable or uneconomic demands for the provision or extension of public amenities and services, and

(c)  to enable appropriate development falling within Item 3.

2 Without development consent

Agriculture (other than building structures ancillary to agriculture, animal boarding or training establishments and intensive livestock keeping establishments); forestry.

3 Only with development consent

Advertisements; aeroplane landing areas; animal boarding or training establishments; bed and breakfast establishments; building structures ancillary to agriculture; bulk stores; car parking; child care centres; demolition; dual occupancies (attached dwellings only); dwelling-houses; educational establishments; extractive industries; general stores; home businesses; intensive livestock keeping establishments; mines; multiple occupancies; places of assembly; places of public worship; recreation areas; recreation establishments; recreation facilities; retail plant nurseries; roads; roadside stalls; rural industries; rural tourist facilities; sawmills; stock and sale yards; utility installations (other than gas holders); workers’ dwelling-houses.

4 Prohibited

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

Zone No 1 (a4)   (Rural “A4” (Agricultural Protection) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to control development and maintain the productive potential of steep or otherwise constrained rural land, and

(b)  to protect and encourage utilisation of the productive potential of resources located within rural areas, and

(c)  to prevent the unnecessary, premature or sporadic fragmentation of rural land, to protect the agricultural potential of land and also to ensure that development does not create unreasonable or uneconomic demands for the provision or extension of public amenities and services, and

(d)  to enable appropriate development falling within Item 3.

2 Without development consent

Agriculture (other than building structures ancillary to agriculture, animal boarding or training establishments and intensive livestock keeping establishments); forestry (other than upon land subject to clause 22).

3 Only with development consent

Advertisements; aeroplane landing areas; animal boarding or training establishments; bed and breakfast establishments; building structures ancillary to agriculture; bulk stores; car parking; caravan parks; child care centres; community centres; demolition; dual occupancies (attached dwellings only); dwelling-houses; educational establishments; extractive industries; forestry (upon land subject to clause 22); general stores; home businesses; intensive livestock keeping establishments; mines; motels; multiple occupancies; offensive or hazardous industries; places of public worship; recreation areas; recreation establishments; recreation facilities; retail plant nurseries; roads; roadside stalls; rural industries; rural tourist facilities; sawmills; stock and sale yards; utility installations (other than gas holders); workers’ dwelling-houses.

4 Prohibited

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

Zone No 1 (c1)   (Rural “C1” (Smallholdings) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to enable the development of land within this zone for rural residential purposes, and

(b)  to enable appropriate development falling within Item 3.

2 Without development consent

Agriculture (other than building structures ancillary to agriculture, animal boarding or training establishments and intensive livestock keeping establishments); forestry.

3 Only with development consent

Advertisements; animal boarding or training establishments; bed and breakfast establishments; building structures ancillary to agriculture; car parking; child care centres; community centres; demolition; dual occupancies (attached dwellings only); dwelling-houses; exhibition homes; general stores; home businesses; intensive livestock keeping establishments; recreation areas; roads; utility installations (other than gas holders or generating works).

4 Prohibited

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

Zone No 1 (f1)   (Rural “F1” (Forests) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to enable forestry and recreational activities, and

(b)  to enable appropriate development falling within Item 3.

2 Without development consent

Any purpose ordinarily incidental or subsidiary to purposes included in this Item or Item 3 of the matter relating to this zone; camping grounds; forestry; gravel extraction on sites of less than 0.5 hectares; picnic grounds; roads; utility installations (other than gas holders, generating works or radio or television transmitter towers).

3 Only with development consent

Advertisements; agriculture; car parking; demolition; extractive industries (other than those included in Item 2 of the matter relating to this zone); mines; recreation areas (other than those included in Item 2 of the matter relating to this zone); radio or television transmitter towers.

4 Prohibited

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

Zone No 1 (i)   (Rural Residential Investigation Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to identify land suitable for investigation for rural residential purposes, and

(b)  to limit development so that subsequent land use conflicts with future rural residential development do not arise, and

(c)  to limit vegetation removal consistent with habitat protection objectives for future rural residential development, and

(d)  to enable appropriate development falling within Item 3.

2 Without development consent

Nil.

3 Only with development consent

Advertisements; agriculture other than intensive livestock keeping establishments; bed and breakfast establishments; car parking; child care centres; community centres; demolition; dual occupancies (attached dwellings only); dwelling-houses; forestry; general stores; home businesses; recreation areas; roads; rural tourist facilities; utility installations (other than gas holders or generating works).

4 Prohibited

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

Zone No 1 (r1)   (Rural Residential Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to enable the development of land within this zone for rural residential purposes, and

(b)  to enable appropriate development falling within Item 3.

2 Without development consent

Nil.

3 Only with development consent

Advertisements; agriculture other than intensive livestock keeping establishments; bed and breakfast establishments; car parking; child care centres; community centres; demolition; dual occupancies (attached dwellings only); dwelling-houses; exhibition homes; forestry; general stores; home businesses; recreation areas; roads; rural tourist facilities; utility installations (other than gas holders or generating works).

4 Prohibited

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

Zone No 1 (u)   (Rural “U” (Urban Fringe) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to allow land not suitable for the urban building development (due to reasons such as environmental constraints or the need for buffers between different land uses) to be used as part of the curtilage of the urban buildings on the land parcel, and

(b)  to enable the provision of services and facilities associated with an urban (in particular, residential) land use and which are unlikely to adversely affect the residential amenity or environmental qualities, and

(c)  to enable appropriate development falling within Item 3.

2 Without development consent

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

3 Only with development consent

Advertisements; agriculture; buildings for the purpose of landscaping, gardening, bushfire hazard reduction or control of noxious weeds; car parking; demolition; home businesses; recreation areas; retail plant nurseries; roads; utility installations (other than gas holders or generating works).

4 Prohibited

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

Zone No 2 (a1)   (Residential “A1” Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to identify land suitable for residential purposes, and

(b)  to ensure the provision of services and facilities associated with residential land uses or which are unlikely to affect residential amenity, and

(c)  to ensure a variety of housing choice, and

(d)  to enable appropriate development falling within Item 3.

2 Without development consent

Nil.

3 Only with development consent

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

4 Prohibited

Aeroplane landing areas; brothels; bulk stores; car repair stations; commercial premises (other than those within neighbourhood centres); extractive industries; forestry; gas holders; generating works; helipads; heliports; industries; institutions; junk yards; liquid fuel depots; mines; motor showrooms; multiple occupancies; roadside stalls; rural tourist facilities; sawmills; service stations (other than those within neighbourhood centres); shops (other than those within neighbourhood centres); stock and sale yards; transport terminals (other than bus stations); warehouses; workers’ dwelling-houses.

Zone No 2 (a2)   (Residential “A2” (Restricted) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to limit the intensity of development on urban land which is flood liable, and

(b)  to enable the provision of services and facilities appropriate to the flood liability of the area, and

(c)  to enable appropriate development falling within Item 3.

2 Development without consent

Nil.

3 Only with development consent

Advertisements; agriculture (other than animal boarding or training establishments and intensive livestock keeping establishments); car parking; demolition; dwelling-houses; exhibition homes; home businesses; public buildings; recreation areas; retail plant nurseries; roads; utility installations (other than gas holders or generating works).

4 Prohibited

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

Zone No 2 (a4)   (Residential “A4” Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to identify urban land suitable for low density residential development on land with limited environmental qualities, and

(b)  to enable the provision of services and facilities associated with a residential land use and which are unlikely to adversely affect the residential amenity or environmental qualities, and

(c)  to enable appropriate development falling within Item 3.

2 Without development consent

Agriculture (other than animal boarding or training establishments and intensive livestock keeping establishments).

3 Only with development consent

Advertisements; animal boarding or training establishments; bed and breakfast establishments; car parking; child care centres; demolition; dual occupancies (attached dwellings only); dwelling-houses; exhibition homes; home businesses; hospitals; intensive livestock keeping establishments; places of public worship; recreation areas; retail plant nurseries; roads; utility installations (other than gas holders or generating works).

4 Prohibited

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

Zone No 2 (c)   (Residential “C” (Consolidation) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to allow small lot residential subdivision to achieve medium density residential development,

(b)  to limit the permissible land uses to those appropriate in a residential area targeted for higher dwelling density,

(c)  to enable appropriate development falling within Item 3.

2 Without development consent

Nil.

3 Only with development consent

Advertisements; bed and breakfast establishments; bus stations; car parking; caravan parks; child care centres; cluster housing; community centres; demolition; dual occupancies; dwelling-houses; general stores; home businesses; medical centres; neighbourhood centres; places of assembly; places of public worship; public buildings; recreational areas; residential flat buildings; roads; utility installations (other than gas holders, generating works and radio or television transmitter towers).

4 Prohibited

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

Zone No 2 (t)   (Residential “T” (Tourist) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to ensure that permanent residential development does not sterilise identified tourism precincts, and

(b)  to permit and encourage tourist and ancillary residential development and associated services and facilities where such services and facilities are an integral part of the development and are of a scale appropriate to the needs generated by that development, or which are compatible with tourist and associated residential accommodation, and

(c)  to enable appropriate development falling within Item 3.

2 Without development consent

Nil.

3 Only with development consent

Advertisements; agriculture; airline terminals; bed and breakfast establishments; boarding houses; bus stations; car parking; caravan parks; child care centres; clubs; community centres; demolition; dual occupancies; dwelling-houses; educational establishments; exhibition homes; general stores; home businesses; hotels; medical centres; motels; places of assembly; public buildings; recreation areas; recreation establishments; recreation facilities; refreshment rooms; residential flat buildings; roads; tourist facilities; utility installations (other than gas holders or generating works).

4 Prohibited

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

Zone No 2 (t2)   (Tourist (Restricted) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to allow tourist related development, and

(b)  to restrict development to accommodation for non-permanent residents due to the constraints created by the possibility of flooding and by aircraft noise, and

(c)  to enable appropriate development falling within Item 3.

2 Without development consent

Nil.

3 Only with development consent

Advertisements; airline terminals; bed and breakfast establishments; bus stations; caravan parks catering exclusively for short term residents; car parking; commercial premises; demolition; dwelling-houses and dwellings; educational establishments; general stores; home businesses; hotels; motels; places of assembly; recreation areas; recreation establishments; recreation facilities; refreshment rooms; retail plant nurseries; roads; shops; tourist facilities; utility installations (other than gas holders, generating works, or radio or television transmitter towers).

4 Prohibited

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

Zone No 2 (v)   (Residential “V” (Village or Township) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to provide for a wide range of land uses or works in a consolidated village environment, and

(b)  to allow in appropriate locations business and neighbourhood services and facilities which serve the local community and surrounding rural area, and

(c)  to enable appropriate development falling within Item 3.

2 Without development consent

Nil.

3 Only with development consent

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

4 Prohibited

Aeroplane landing areas; brothels; cluster housing; extractive industries; institutions; junk yards; mines; multiple occupancies; neighbourhood centres; offensive or hazardous industries; radio or television transmitter towers; workers’ dwelling-houses.

Zone No 3 (a)   (General Business Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to allow a range of retail, office and commercial development appropriate to the status and function of the particular retail centre, and

(b)  to allow a wide range of uses which may be ancillary to, supportive of, or appropriately located near, or with, retail and commercial facilities, and

(c)  to facilitate strong, multi-functional town centres, and

(d)  to enable appropriate development falling within Item 3.

2 Without development consent

Nil.

3 Only with development consent

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

4 Prohibited

Aeroplane landing areas; brothels; dual occupancies; exhibition homes; extractive industries; gas holders; generating works; industries other than light industries; junk yards; liquid fuel depots; mines; multiple occupancies; rural tourist facilities; sawmills; stock and sale yards.

Zone No 3 (b)   (Peripheral Business Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to provide land for the establishment of services and light industries appropriate to the locality, and

(b)  to enable a range of light industrial and related service land uses, without unduly detracting from the retail strength of the existing business district, and

(c)  to ensure the nature of light industrial activities are compatible with adjoining landuses, and

(d)  to enable appropriate development falling within Item 3.

2 Without development consent

Nil.

3 Only with development consent

Advertisements; bulk stores; bus stations; carparking; car repair stations; child care centres; commercial premises referred to in Schedule 2; clubs; community centres; demolition; dwellings used in conjunction with anything else included in this Item and situated on the same land as that on which development for the purpose of the other thing is carried out; general stores; light industries; medical centres; motor showrooms; places of assembly; places of public worship; public buildings; recreation areas; recreation facilities; refreshment rooms; retail plant nurseries; roads; service stations; shops referred to in Schedule 2; utility installations (other than gas holders or generating works); warehouses.

4 Prohibited

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

Zone No 3 (c)   (Neighbourhood Business Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to identify shopping centres that serve a neighbourhood by providing services and facilities within convenient travelling distance, and

(b)  to limit the range and size of retail activity appropriate to the retail hierarchy and residential locality, and

(c)  to enable appropriate development falling within Item 3.

2 Without development consent

Nil.

3 Only with development consent

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

4 Prohibited

Agriculture; bed and breakfast establishments; brothels; bulk stores; car repair stations; caravan parks; cluster housing; dual occupancies; dwelling-houses (other than those attached to and associated with a purpose included in Item 3 of the matter relating to this zone); exhibition homes; extractive industries; forestry; gas holders; generating works; helipads; heliports; industries; institutions; junk yards; liquid fuel depots; mines; motor showrooms; multiple occupancies; professional consulting rooms; recreation establishments; rural tourist facilities; roadside stalls; sawmills; stock and sale yards; transport terminals (other than airline terminals and bus stations); warehouses.

Zone No 3 (s)   (Special Business Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to allow retail and commercial activities which are related to motor vehicle sales, servicing or minor repairs, and

(b)  to allow bulky goods retail activities (which are best suited to sites with main road frontage and to locations outside general business centres), and

(c)  to prohibit general business activities (which are more appropriately located within general business centres), and

(d)  to enable appropriate development falling within Item 3.

2 Without development consent

Nil.

3 Only with development consent

Advertisements; bulk stores; car repair stations; car parking; commercial premises referred to in Schedule 2; demolition; motor showrooms; places of assembly; recreation areas; recreation facilities; roads; service stations; shops referred to in Schedule 2; transport terminals; utility installations (other than gas holders, generating works or radio or television transmitter towers); warehouses.

4 Prohibited

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

Zone No 3 (t)   (Tourist Business Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to permit development appropriate to the status and function of the particular business centre, and

(b)  to permit a range of tourist developments which take advantage of the tourism potential of the centre, and

(c)  to enable appropriate development falling within Item 3.

2 Without development consent

Nil.

3 Only with development consent

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

4 Prohibited

Aeroplane landing areas; agriculture; brothels; bulk stores; car repair stations; caravan parks; dual occupancies; dwellings-houses (other than those attached to and associated with a purpose included in Item 3 of the matter relating to this zone); exhibition homes; extractive industries; forestry; gas holders; generating works; industries; institutions; junk yards; liquid fuel depots; medical centres; mines; motor showrooms; multiple occupancies; professional consulting rooms; public buildings; recreation establishments; roadside stalls; sawmills; stock and saleyards; transport terminals (other than airline terminals and bus stations); warehouses.

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

1 Objectives of zone

The objectives of this zone are:

(a)  to ensure an adequate supply of land for industrial purposes in appropriate localities, and

(b)  to allow land uses which may provide services and facilities, or may be ancillary or supportive of, or will not restrict the development of, the industrial area or detrimentally affect the economic structure of any business zone, and

(c)  to enable appropriate development falling within Item 3.

2 Without development consent

Nil.

3 Only with development consent

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

4 Prohibited

Aeroplane landing areas; bed and breakfast establishments; boarding houses; caravan parks; cluster housing; community centres; dual occupancies; dwellings (other than those used in conjunction with a purpose included in Item 3 of the matter relating to this zone and situated on land on which development for that purpose is carried out); educational establishments; exhibition homes; extractive industries; hospitals; hotels; institutions; medical centres; mines; motels; multiple occupancies; neighbourhood centres; places of assembly; places of public worship; professional consulting rooms; roadside stalls; shops and commercial premises (other than those referred to in Schedule 2); stock and sale yards; tourist facilities.

Zone No 4 (b)   (Service Industrial Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to ensure an adequate supply of land for light industrial purposes in appropriate localities, and

(b)  to allow land uses which may be ancillary or supportive of, or will not restrict the development of the industrial area and will not detrimentally affect the economic structure of any business zone, and

(c)  to ensure the nature of industrial activities are compatible with adjoining urban land uses, and

(d)  to enable appropriate development falling within Item 3.

2 Without development consent

Nil.

3 Only with development consent

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

4 Prohibited

Aeroplane landing areas; airline terminals; bed and breakfast establishments; boarding houses; brothels; caravan parks; cluster housing; commercial premises (other than those referred to in Schedule 2); dual occupancies; dwelling-houses (other than those used in conjunction with a purpose included in Item 3 of the matter relating to this zone); exhibition homes; extractive industries; forestry; gas holders; generating works; home businesses; hospitals; hotels; industries (other than light industries); institutions; medical centres; mines; motels; multiple occupancies; neighbourhood centres (other than those containing purposes included in Item 3 of the matter relating to this zone); recreation establishments; residential flat buildings; roadside stalls; sawmills; shops (other than those referred to in Schedule 2); stock and sale yards; tourist facilities.

Zone No 4 (t)   (Industrial Technology Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to provide land for:

(i)  industries that require location near the airport, or are significantly benefitted by location near the airport, and

(ii)  information technology or emergent technology industries,

(b)  to provide land for industries which create new employment opportunities for the Hastings area due to the product produced by the industry being exported from the area, or being able to replace products imported into the area,

(c)  to provide land for industries which have a significant multiplier effect in the regional economy,

(d)  to only allow:

(i)  other industries, commercial activities or educational establishments that require location with the technology or employment-generating industries within the zone, or

(ii)  commercial activities that require location near the airport, or are significantly benefitted by location near the airport,

(e)  to allow other ancillary uses appropriate to service the needs of persons employed in the industrial area,

(f)  to ensure attractive and well landscaped development occurs within the zone, and

(g)  to enable appropriate development falling within Item 3 relating to this zone, subject to the special considerations contained in clause 38A.

2 Without development consent

Nil.

3 Only with development consent

Advertisements; aeroplane landing areas; bulk stores; car parking; child care centres; commercial premises; community centres; demolition; dwellings used in conjunction with another land use included within this Item and situated within a building within which that use is carried out; educational establishments; helipads; heliports; light industries; liquid fuel depots; public buildings; recreation areas; recreation facilities; roads; shops; tourist facilities; transport terminals (other than bus depots); utility installations (other than gas holders and generating works); warehouses.

4 Prohibited

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

Zone No 5 (a)   (Special Uses “A” Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to identify land which is being used or likely to be used for public purposes and enable the development of that land for the purpose shown on the map, and

(b)  to enable the development of land within this zone for other purposes where Council is satisfied that the proposed use will not affect development of the land for the purpose for which it has been zoned or the amenity of the locality, and

(c)  to enable appropriate development falling within Item 3.

2 Without development consent

Nil.

3 Only with development consent

Advertisements; car parking; demolition; recreation areas; roads; the particular purpose indicated by black lettering on the map; utility installations (other than gas holders or generating works).

4 Prohibited

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

Zone No 5 (c)   (Special Uses “C” (Buffer) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to ensure adequate separation of particular land uses which, by their nature, require isolation from other development, and

(b)  to enable appropriate development falling within Item 3.

2 Without development consent

Nil.

3 Only with development consent

Any purpose consistent with the objectives of this zone.

4 Prohibited

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

Zone No 6 (a)   (Open Space “A” (Existing Recreation) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to identify areas which are capable of being used for public recreation, and

(b)  to enable development of land within this zone for recreation and other purposes that do not adversely affect the recreational use of the land, and

(c)  to enable appropriate development falling within Item 3.

2 Without development consent

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

3 Only with development consent

Advertisements; community centres; demolition; recreation areas; roads; utility installations (other than gas holders or generating works).

4 Prohibited

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

Zone No 6 (b)   (Open Space “B” (Proposed Recreation) Zone)

1 Objectives of zone

The objectives of this zone are:

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

(b)  to enable development of land within this zone for recreation and other purposes that do not adversely affect the future recreational use of the land, and

(c)  to enable appropriate development falling within Item 3.

2 Without development consent

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

3 Only with development consent

Advertisements; community centres; demolition; recreation areas (other than works for the purposes of landscaping, gardening or bushfire hazard reduction); roads; utility installations (other than gas holders or generating works).

4 Prohibited

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

Zone No 6 (c)   (Open Space “C” (Private Recreation) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to identify areas where privately operated recreational facilities are provided, and

(b)  to enable development of land within this zone for recreation and other purposes that do not adversely affect the recreational use of the land, and

(c)  to enable appropriate development falling within Item 3.

2 Without development consent

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

3 Only with development consent

Advertisements; clubs; community centres; demolition; places of assembly; recreation areas; recreation facilities; roads; utility installations (other than gas holders or generating works).

4 Prohibited

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

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

1 Objectives of zone

The objectives of this zone are:

(a)  to identify and protect significant wetland areas from incompatible development which will have a significant impact on the wetland, and

(b)  to enable appropriate development falling within Item 3.

2 Without development consent

Nil.

3 Only with development consent

Advertisements; agriculture; demolition; dual occupancies (attached dwellings only); dwelling-houses; home businesses; recreation areas; roads; utility installations (other than gas holders or generating works).

4 Prohibited

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

Zone No 7 (b)   (Environment Protection “B” (Secondary) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to protect land with local environmental significance, and

(b)  to limit development of land that has severely limited urban capability and is located within an urban area, and

(c)  to maintain a system of natural or semi-natural environments, to re-establish missing sections of natural environments and to provide adequate buffers around more important environment protection areas, and

(d)  to enable appropriate development falling within Item 3.

2 Without development consent

Works for the purpose of control of noxious plants.

3 Only with development consent

Advertisements; buildings for the purpose of landscaping, gardening or control of noxious plants; demolition; recreation areas; roads; utility installations (other than gas holders or generating works); works for the purpose of landscaping or gardening.

4 Prohibited

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

Zone No 7 (d)   (Environment Protection “D” (Scenic) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to identify and protect various areas of particular scenic significance, and

(b)  to enable appropriate development falling within Item 3.

2 Without development consent

Nil.

3 Only with development consent

Advertisements; agriculture; demolition; dual occupancies (attached dwellings only); dwelling-houses; forestry; home businesses; recreation areas; roads; rural tourist facilities; utility installations (other than gas holders or generating works).

4 Prohibited

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

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

1 Objectives of zone

The objectives of this zone are:

(a)  to identify and protect, from incompatible development, coastal foreshore areas which are environmentally sensitive, hazardous or visually significant, and

(b)  to enable appropriate development falling within Item 3.

2 Without development consent

Nil.

3 Only with development consent

Advertisements; caravan parks; demolition; dual occupancies (attached dwellings only); dwelling-houses; extractive industries; forestry; home businesses; mines; recreation areas; roads; utility installations (other than gas holders or generating works).

4 Prohibited

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

Zone No 7 (f2)   (Environment Protection “F2” (Coastal Lands Acquisition) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to protect visually and environmentally important foreshore areas that are designated for acquisition, and

(b)  to enable appropriate development falling within Item 3.

2 Without development consent

Nil.

3 Only with development consent

Advertisements; demolition; dual occupancies (attached dwellings only); dwelling-houses; home businesses; recreation areas; roads; utility installations (other than gas holders or generating works).

4 Prohibited

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

Zone No 7 (h)   (Environment Protection “H” (Habitat) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to maintain natural habitats for native plants and animals within the local ecological subsystem, and

(b)  to maintain a network of natural or semi-natural environmental habitats and to re-establish missing sections of natural environmental habitats, and

(c)  to protect the environmental qualities and values of natural habitats (including creek lines), and

(d)  to permit roads and services to cross habitat area in a manner that has minimal adverse impacts on habitat values, and

(e)  to enable appropriate development falling within Item 3.

2 Without development consent

Works for the purpose of control of noxious weeds.

3 Only with development consent

Advertisements; buildings for the purpose of landscaping, gardening or control of noxious weeds; demolition; recreation areas (excluding sporting fields); roads; utility installations consisting of bushfire trails (other than perimeter trails), lines, pipes and pumping stations only; works for the purpose of landscaping or gardening.

4 Prohibited

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

Zone No 8 (a)   (National Parks and Nature Reserves “A” (Existing) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to identify land reserved under the National Parks and Wildlife Act 1974, and

(b)  to enable appropriate development falling within Item 3 in the Table to clause 12 in the matter relating to Zone No 8 (a).

2 Without development consent

Development authorised under the National Parks and Wildlife Act 1974.

3 Only with development consent

Nil.

4 Prohibited

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

Zone No 8 (b)   (National Parks and Nature Reserves “B” (Proposed Future National Park Extension Area) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to identify land proposed to be acquired under the National Parks and Wildlife Act 1974, and

(b)  to enable appropriate development falling within Item 3.

2 Without development consent

Agriculture (other than animal boarding or training establishments, intensive livestock keeping establishments, the carrying out of works for the purposes of agriculture, the clearing of trees and native vegetation or the erection of sheds or other outbuildings associated with agriculture); development authorised under the National Parks and Wildlife Act 1974.

3 Only with development consent

Advertisements; clearing of trees or native vegetation; demolition; erection or use of a shed or other outbuilding or the carrying out of a work for the purposes of agriculture (other than the clearing of trees and native vegetation); miscellaneous forestry; selective logging; utility installations (other than gas holders or generating works).

4 Prohibited

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

Zone No 9 (b)   (Reservation “B” (Arterial Roads) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to ensure that land required for future essential arterial roads and road widening is clearly designated, and

(b)  to provide for the acquisition of land so designated, and

(c)  to allow the continued use of land so designated until it is required, and

(d)  to enable appropriate development falling within Item 3.

2 Without development consent

Roads; widening of existing roads.

3 Only with development consent

demolition; Recreation areas; utility installations (other than gas holders or generating works).

4 Prohibited

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

Zone No 9 (c)   (Local Roads Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to ensure that land required for future essential local roads and road widening is clearly designated, and

(b)  to provide for the acquisition of land so designated, and

(c)  to allow continued use of land so designated until it is required, and

(d)  to allow appropriate development falling within Item 3.

2 Without development consent

Roads; widening of existing roads.

3 Only with development consent

Advertisements; car parking; demolition; recreation areas; utility installations (other than gas holders, generating works or radio or television transmission towers).

4 Prohibited

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

cl 12: Am 4.11.1994.

cl 12, table: Am 18.12.1987; 5.2.1988; 10.3.1989; 2.2.1990; 31.8.1990; 22.3.1991; 5.7.1991; 1.11.1991; 10.4.1992; 28.8.1992; 13.11.1992; 19.3.1993; 27.8.1993; 28.1.1994; 27.5.1994; 1.7.1994; 26.8.1994; 4.11.1994; 12.7.1996; 7.3.1997; 27.6.1997; 25.7.1997; 5.12.1997; 8.5.1998; 24.7.1998; 19.2.1999; 26.3.1999; 26.11.1999; 15.9.2000; 2005 No 64, Sch 2.20 [2].

Part 3 Special provisions

13 Subdivision

(1)  A person shall not subdivide land to which this plan applies without the consent of the Council.

(2)  The Council shall not grant consent to the subdivision of any part of the land to which this plan applies unless the plan of subdivision makes provision for any proposed road on that part of that land shown by parallel broken lines on the map, to be opened generally in the location shown on the map.

cl 13: Am 5.2.1988.

14 Subdivision of land—Zone No 1 (a1), 1 (a2), 1 (a3), 1 (a4), 1 (i), 7 (a) or 7 (d)

(1)  This clause applies to land within Zone No 1 (a1), 1 (a2), 1 (a3), 1 (a4), 1 (i), 1 (g), 7 (a) or 7 (d).

(2)  The Council shall not consent to a subdivision of land to which this clause applies unless each allotment to be created by the subdivision will have:

(a)  for land within Zone No 1 (a4)—an area of not less than 100 hectares, or

(b)  for land to which this clause applies other than land within Zone No 1 (a4):

(i)  an area of not less than 40 hectares, and

(ii)  if the allotment has frontage to a main or arterial road—a frontage of not less than 200 metres.

(3)  Notwithstanding subclause (2), the Council may consent to a subdivision of land to which this clause applies so as to create an allotment of any size, if the allotment is intended to be used for a purpose (other than a bed and breakfast establishment, dwelling-house, home business or agriculture) referred to in Item 3 of the matter relating to the zone applicable to that land in the Table to clause 12.

(4)  Nothing in this clause prevents the subdivision of land to which it applies for any of the following purposes:

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

(b)  minor adjustments to common property boundaries which do not involve the creation of any additional allotments, or

(c)  the rectification of an encroachment upon an existing allotment.

cl 14: Am 5.7.1991; 13.11.1992; 8.5.1998; 19.2.1999.

14A Rural residential zones: Kings Creek

(1)  This clause applies to land within Zone No 1 (i) or 1 (r1).

(2)  The Council shall not grant consent to development on land within Zone No 1 (i) unless it has taken into consideration the impact the development may have on the future intended use of the land for rural residential purposes, and is satisfied that the development will not unduly restrict the ability to use the land or adjoining land for rural residential purposes.

(3)  The Council shall not grant consent to the creation of any lot within Zone No 1 (r1) unless it is satisfied that buildings to be erected on the land will be situated within a building envelope below RL 45m AHD, and that a reticulated water supply will be provided to each lot.

(4)  The Council shall not grant consent for the subdivision or other development of land to which this clause applies unless it has taken into consideration the provisions of the Kings Creek Koala Plan of Management.

cl 14A: Ins 19.2.1999.

15 Subdivision of land for rural residential purposes

(1)  This clause applies to land within Zone No 1 (a1).

(2)  Notwithstanding clause 14, the Council may consent to a subdivision of land within Zone No 1 (a1) where:

(a)  the land the subject of the application has an area of not less than 30 hectares,

(b)  the total number of allotments to be created is not less than 7,

(c)  the average size of the allotments to be created is not less than:

(i)  in respect of land to which a reticulated water supply will be available—1.5 hectares, or

(ii)  in respect of land to which a reticulated water supply will not be available—4 hectares,

(d)  the Council is satisfied that the development will be carried out in a manner compatible with the matters specified in Schedule 3, and

(e)  an environmental impact report containing the matters referred to in Schedule 4 has been lodged with the development application.

(2A)  The Council shall, in respect of an application under the Act for its consent for subdivision under this clause, consult with the Commissioner of the Soil Conservation Service and shall not determine such an application until:

(a)  it has received representations with respect to the application, or been informed that no representations are to be made with respect to the application by the Commissioner, or

(b)  28 days have lapsed after the date on which a copy of the application was referred to the Commissioner,

whichever occurs first.

(3)    (Repealed)

(3A)  The matters on which the Commissioner of the Soil Conservation Service shall be consulted pursuant to subclause (2A) are:

(a)  topographic and soil limitations with respect to house and access track location and construction,

(b)  vegetation disturbance, and

(c)  effluent disposal.

(4)  In the preparation of an environmental impact report referred to in subclause (2) (e), the person preparing the report shall consult with the Council and shall, in completing the preparation of the report, have regard to any requirements notified to the person in writing by the Council in respect of the form and content of the report.

(5)  The Council shall not consent to a subdivision referred to in this clause unless land to which the application refers is:

(i)  located at least 8 kilometres and no more than 16 kilometres from the Port Macquarie Post Office,

(ii)  within a 5 kilometre radius of Kendall, Wauchope, Beechwood or Telegraph Point Post Offices, or

(iii)  within 2 kilometres of land within Zone No 1 (c1).

cl 15: Am 31.8.1990; 12.7.1991.

15A Subdivision of land for co-operative farming purposes

(1)  This clause applies to co-operative farming on land within Zone No 1 (a1).

(2)  In this clause, co-operative farming means commercial farming by a group of owners where the major agricultural activity is managed in common and where the agricultural activity occurs in large contiguous areas with any dwelling component located outside those agricultural areas.

(3)  The objectives of this clause are:

(a)  to encourage efficient agricultural use of land,

(b)  to provide for co-operative farming ventures,

(c)  to ensure rural residential allotments are environmentally acceptable, achieve an appropriate density in respect of location, can be adequately serviced and do not conflict with horticultural activities, and

(d)  to enhance the long term agricultural viability of land.

(4)  Notwithstanding clauses 14 and 18, subdivision of, and the erection of dwellings upon, land within Zone No 1 (a1) may be carried out with the consent of the Council, in accordance with this clause.

(5)  The Council shall, in respect of an application under the Act for its consent for subdivision under this clause, consult with the Commissioner of the Soil Conservation Service and the Director-General of the Department of Agriculture and Fisheries and shall not determine such application until:

(a)  it has received representations with respect to the application, or been informed that no representations are to be made with respect to the application, by the Commissioner and the Director-General, or

(b)  28 days have elapsed after the date on which a copy of the application was referred to the Commissioner and the Director-General,

whichever occurs first.

(6)  The matter on which the Commissioner of the Soil Conservation Service shall be consulted pursuant to subclause (5) is the adequacy of soil conservation measures undertaken or proposed to be undertaken.

(7)  The matters on which the Director-General of the Department of Agriculture and Fisheries shall be consulted pursuant to subclause (5) are the matters listed in clause 15 (3).

(8)  The Council shall not grant consent to the development of land pursuant to this clause:

(a)  unless it is satisfied that:

(i)  preparations for the future development of the land have been completed to the extent that initial stages of horticultural production have been established in respect of each proposed allotment,

(ii)  the future development of the land will be likely to contribute to an increase in agricultural production from the land and to an increase in employment opportunities,

(iii)  appropriate measures have been taken to facilitate the co-operative farming of the land,

(iv)  the proposed agricultural use of the land will not involve any activities likely to cause harm or have adverse impact upon the amenity of any adjoining dwellings or other accommodation, and

(v)  the development will be carried out in compliance with the development standards specified in Schedule 3 (except standard 12), and

(b)  if that consent relates to the subdivision of land, unless the Council has taken into consideration any representations made by the Commissioner of the Soil Conservation Service or the Director-General of the Department of Agriculture and Fisheries.

(9)  The Council may, subject to the provisions of this clause and of any consent granted under this clause in relation to that land, grant consent to the erection of a dwelling on an allotment created by a subdivision carried out pursuant to a consent granted under this clause.

(10)  Subclause (9) also applies to:

(a)  lots 1 to 52, DP 776681, Sancrox Road, Sancrox, and

(b)  lots 1 to 80, DP 791199, Sancrox Road, Sancrox.

(11)  In relation to any consent granted for subdivision pursuant to this clause, the number of allotments to be counted for the purposes of clause 17 may be reduced to such number as advised to the Council by the Director.

(12)  In determining the number of allotments referred to in subclause (11), the Director shall have regard to the nature of the development and the likelihood of dwellings being erected on each of the allotments within the 5 year period referred to in clause 17.

cl 15A: Ins 2.2.1990. Am 27.3.1992.

16 Subdivision of land within Zone No 1 (c1)

(1)  This clause applies to land within Zone No 1 (c1).

(2)  For the purposes of subclause (3), any allotment having an area of 1.2 hectares or more shall:

(a)  except as provided by paragraph (b), not be taken into account in determining the average area of allotments, or

(b)  in the case of an allotment having an area of more than 1.2 hectares, be taken to have an area of 1.2 hectares if , in the opinion of the Council, the area which is over 1.2 hectares is considered not to be suitable for further subdivision or development.

(3)  The Council shall not consent to a subdivision of land to which this clause applies (whether by one or more subdivisions) unless each allotment created by the subdivision has an area of not less than 4 000 square metres and the average area of allotments in the subdivision is not less than 6 000 square metres and a reticulated water supply is available to the land.

(4)  Each allotment created by a subdivision of land to which this clause applies shall have a depth not greater than 4 times its mean width.

cl 16: Am 18.12.1987; 31.8.1990.

17 Subdivision of certain land within Zone No 1 (a1) or (c1)—maximum number of allotments

(1)  The Council shall not consent to a subdivision of land within Zone No 1 (a1) or 1 (c1) pursuant to clause 15, 15A or 16 or within Zone No 7 (d) pursuant to clause 52:

(a)  if the subdivision will result in the total number of allotments of land within Zones Nos 1 (a1), 1 (c1) and 7 (d) (being allotments created by subdivisions pursuant to those clauses consented to in the current 5 year period) exceeding the quota of allotments for that 5 year period, or

(b)  if there is no quota of allotments for the current 5 year period.

(2)  A quota of allotments shall be fixed for the purposes of this clause by a written order of the Council, but must not be fixed unless the quota has been approved by the Director.

(3)  The quota for a 5 year period shall not be approved or fixed unless:

(a)  the Director and the Council consider that the quota will not allow, during that period, the creation on land within Zones Nos 1 (a1), 1 (c1) and 7 (d) of a number of allotments on which dwelling-houses may be erected which exceeds the maximum number for that period, or

(b)  the Director determines that a higher quota than the maximum number should be fixed in the circumstances.

(4)  In this clause:

maximum number, in relation to a 5 year period, means the number which is 30 per cent greater than the total number of building approvals:

(a)  which were given during the last 5 years before the commencement of the 5 year period, and

(b)  which allow the erection of dwelling-houses on such rural land as is specified by the Council with the approval of the Director.

5 year period means:

(a)  the period of 5 years which commenced with the day on which Hastings Local Environmental Plan 1987 (Amendment No 2) commenced, and

(b)  each period of 5 consecutive years which commences after that day and which the Council and the Director agree on as being a 5 year period for the purposes of this clause, and

(c)  if a 5 year period is not immediately followed by another such period because agreement is not reached under paragraph (b), the period of 5 consecutive years immediately following the last 5 year period.

cl 17: Subst 5.8.1988. Am 12.8.1988; 2.2.1990.

18 Dwelling-houses within Zone No 1 (a1), 1 (a2), 1 (a3), 1 (a4), 1 (c1), 1 (i), 7 (a) or 7 (d)

(1)  This clause applies to land within Zone No 1 (a1), 1 (a2), 1 (a3), 1 (a4), 1 (c1), 1 (i), 7 (a) or 7 (d).

(2)  A person may, with the consent of the Council, erect a dwelling-house on land within Zone No 1 (a1), 1 (a2), 1 (a3), 1 (i), 7 (a) or 7 (d) if the parcel of land has an area of not less than 40 hectares and no dwelling-house is erected on it.

(3)  A person may, with the consent of the Council, erect a dwelling-house on land within Zone No 1 (a4) if the parcel of land has an area of not less than 100 hectares and no dwelling-house is erected on it.

(3A)    (Repealed)

(4)  Except as provided by subclauses (2), (3) and (3A), the Council shall not consent to the erection of a dwelling-house on land to which this clause applies unless:

(a)  the land comprises an allotment created by a subdivision for which consent was granted in accordance with clause 14 (2) or (3),

(b)  the land comprises an allotment created after the appointed day in accordance with a subdivision approved by the Council before that day,

(c)  the land comprises the total area of all adjoining or adjacent land held in the one ownership at 26 May 1967, on which no dwelling-house is erected,

(d)  the land comprises an allotment created by a subdivision to which the consent of the Hastings Shire Council was given under Interim Development Order No 1—Shire Hastings, prior to 28 November 1975, or to which the consent of the Port Macquarie Municipal Council was given under the Port Macquarie Planning Scheme Ordinance,

(e)  the land comprises an allotment created by a subdivision to which the consent of the Council has been given under Interim Development Order No 1—Shire of Hastings, on or after 28 November 1975, and before the appointed day or under Hastings Local Environmental Plan No 21 and the use of the dwelling-house is ancillary to the purpose for which the allotment was created,

(f)    (Repealed)

(g)  the land is referred to in Schedule 5 or is an allotment created by the boundary adjustment of an allotment referred to in Schedule 5.

(5)  The Council may consent to the erection of additional dwelling-houses on a parcel of land within Zone No 1 (a1), 1 (a2), 1 (a3) or 1 (a4) that has an area in excess of 40 hectares at the ratio of one additional dwelling-house for each 40 hectares in excess of the first 40 hectares contained within the parcel, provided that any additional dwelling-house erected after the first dwelling-house is used exclusively as a worker’s dwelling-house.

(6)  Notwithstanding subclause (5), the Council may consent to the erection of one worker’s dwelling-house on a parcel of land having an area of less than 80 hectares if the agricultural use of the land is of a type which requires an additional rural worker to reside on the land.

(7)  The Council shall not consent to the erection of a worker’s dwelling-house on land unless it is satisfied that the dwelling-house is necessary to maintain or enhance the long term agricultural use of the land.

(8)  Nothing in this clause shall prevent a person erecting a dwelling-house with the consent of council on a parcel of land on which another dwelling-house is erected where the use of the first-mentioned dwelling-house shall not commence until the use of the second-mentioned dwelling-house has permanently ceased or the dwelling-house has been demolished.

(9)  Notwithstanding any other provisions of this clause, the Council may consent to the erection of a dwelling-house on land within Zone No 1 (a1), 1 (a2), 1 (a3) or 1 (a4) where:

(a)  the land comprises an allotment, lot or portion of land created prior to 26 May 1967,

(b)  at the appointed day, the land is owned by a person who does not own any adjacent or adjoining land, and

(c)  the Council is satisfied that the land is intended to be used for the purposes of agriculture.

(10)  The Council shall not grant consent to the erection of a dwelling-house referred to in subclause (9) if the erection or use of that dwelling-house was prohibited by reason of a provision in the environmental planning instrument applying to the land immediately prior to the appointed day.

(11)  For the purposes of subclause (9), lot includes the consolidation of any 2 or more allotments, lots or portions referred to in that subclause.

cl 18: Am 31.8.1990; 5.7.1991; 28.8.1992; 13.11.1992; 19.3.1993; 19.2.1999; 15.9.2000.

19 Setbacks from main roads

(1)  This clause applies to land within Zone No 1 (a1), 1 (a2), 1 (a3), 1 (a4), 7 (a) or 7 (d) having frontage to a main or arterial road.

(2)  A person shall not erect a building on land to which this clause applies to be used for a purpose specified in Column 1 of the Table to this clause:

(a)  in the case of land having a frontage to a main or arterial road not less than 40 metres in width—where the distance between the buildings and the nearest alignment of the road is less than the distance set out opposite that purpose in Column 2 of that Table, or

(b)  in the case of land having a frontage to a main or arterial road less than 40 metres in width—where the distance between the building and the centreline of the road is less than the distance set out opposite that purpose in Column 3 of that Table.

Table

Column 1	Column 2	Column 3
Purpose	Distance in metres from alignment	Distance in metres from centreline
Caravan park; hotel; motel	45	65
Extractive industry; industry	30	50
Any other purpose	18	38

(3)  Notwithstanding subclause (2), a person may, with the consent of the Council, erect a building for a purpose specified in Column 1 of the Table within such lesser distance than set out opposite thereto in Column 2 or 3, respectively, of the Table as the Council may specify having regard to:

(a)  the levels, depth or other exceptional physical characteristics of the land,

(b)  the nature, scale and function of the building,

(c)  whether the erection of the building will cause any traffic hazard or create or tend to create a condition of ribbon development along a main or arterial road, and

(d)  whether the development will cause a distraction to drivers using the main or arterial road.

cl 19: Am 31.8.1990; 27.5.1994.

20 Development on land in proximity to a main road

(1)  This clause applies to land within 400 metres of a main or arterial road, excepting land within Zone No 1 (u), 2 (a1), 2 (a2), 2 (a4), 2 (t), 2 (t2), 2 (v), 3 (a), 3 (b), 3 (c), 3 (s), 3 (t), 4 (a) or 4 (b).

(2)  A person shall not develop land to which this clause applies for the purposes of bulk stores, junk yards, retail plant nurseries, general stores or roadside stalls.

cl 20: Am 5.2.1988; 31.8.1990; 28.8.1992; 7.3.1997; 27.6.1997; 24.7.1998.

20A Development within Zone No 1 (a2), 2 (a2), 7 (a), 7 (b), 7 (d) or 7 (h)

(1)  This clause applies to land within Zone No 1 (a2), 2 (a2), 7 (a), 7 (b), 7 (d) or 7 (h).

(2)  The objective of this clause is to require special assessment of the impact of the filling, excavation or other landform alteration of land which is environmentally sensitive.

(3)  In respect of land to which this clause applies, a person may:

(a)  construct a levee on that land,

(b)  drain that land, or

(c)  fill that land,

only with the consent of the Council.

(4)  The Council shall, in respect of an application for its consent under this clause, consult with the Director of National Parks and Wildlife and shall not determine such an application until:

(a)  it has received representations with respect to the application, or been informed that no representations are to be made with respect to the application, by the Director, or

(b)  28 days have lapsed after the date on which a copy of the application was referred to the Director,

whichever occurs first.

(5)  The matters on which the Director of National Parks and Wildlife shall be consulted pursuant to subclause (4) are the environmental effects on the native flora and fauna.

(6)  In deciding whether to grant consent pursuant to this clause, the Council shall take into consideration:

(a)  the effect of the landform alteration on the operation of the natural floodplain system on the land and adjoining land in time of flood,

(b)  the effect on areas of particular scenic significance,

(c)  whether any feasible alternatives exist to the carrying out of the proposed landform alterations, and

(d)  any representations made by the Director of National Parks and Wildlife, and

(e)  in relation to land within Zone No 7 (h)—the significance of the land as habitat, or as being within a network of habitat, for native flora and fauna, and potential development alternatives that minimise any adverse impact on that significance.

cl 20A: Ins 31.8.1990. Am 1.12.1995; 24.7.1998.

20B Development within Zone No 2 (t2)

(1)  This clause applies to land within Zone No 2 (t2).

(2)  The objects of this clause are:

(a)  to ensure that the potential impact of any major flood inundation and the effect of aircraft noise are taken into account in deciding what development will be carried out on land within Zone No 2 (t2), and

(b)  to ensure that appropriate tourist-related land uses are permissible within the zone.

(3)  Despite any other provision of this plan, a person must not develop land to which this clause applies if the development would result in habitable floor levels that are less than 800 mm above the 1 in 100 year flood level. The only exception to this requirement is where a ring levee is provided in accordance with clause 23 (3).

(4)  Despite any other provision of this plan, a person must not develop land to which this clause applies if the development would result in an increase in the number of permanent residents occupying the land.

(5)  Subclause (4) does not apply to an increase in permanent residents resulting from occupation of:

(a)  the first dwelling-house erected on a parcel of land in existence at the date of gazettal of Hastings Local Environmental Plan 1987 (Amendment No 55), or

(b)  a dwelling-house or other dwelling erected in conjunction with a use permissible within the zone (other than a home business) and situated on the same land as the land on which that use is carried out, where that dwelling-house or other dwelling will be occupied exclusively as a manager’s residence required for the effective control of that use on that land.

(6)  Despite any other provision of this plan, the Council must not consent to development for the purpose of a shop or commercial premises unless the Council is satisfied:

(a)  that the use of the proposed shop or commercial premises will be a tourist-related use, and

(b)  that adequate provision has been or will be made for the provision of off-street parking and for access to and from the site.

(7)  For the purposes of this clause, a tourist-related use is a land use that relies for its commercial success on tourist patronage and that promotes local tourism activities or facilities. Examples of tourist-related land uses are:

(a)  sale of local crafts or souvenirs, and

(b)  booking of local attractions and recreational facilities and activities, and

(c)  provision of tourist information and other similar services that assist in the establishment of the area as a specialised tourist precinct.

cl 20B: Ins 27.6.1997.

21 Tree Preservation—Zone No 5 (c), 7 (a), 7 (d), 7 (f1), 7 (f2) or 7 (h)

(1)  This clause applies to land within Zone No 5 (c), 7 (a), 7 (b), 7 (d), 7 (f1), 7 (f2) or 7 (h).

(2)  Notwithstanding clause 9, clause 8 of the Environmental Planning and Assessment Model Provisions 1980, does not apply to the land to which this clause applies.

(3)  On land to which this clause applies, a tree, the height of which exceeds 3 metres, shall not be cut down, topped, lopped or otherwise destroyed without the consent of the Council.

cl 21: Am 10.3.1989; 31.8.1990; 28.8.1992; 24.7.1998.

21A Habitat areas

(1)  This clause applies to land shown by horizontal hatching on the map.

(2)  On land to which this clause applies, vegetation removal, other than the removal of weeds and noxious plants, shall not be carried out without the consent of the Council.

(3)  For the purposes of this clause, vegetation removal means:

(a)  the cutting down, removal or destruction of a tree containing hollows, or

(b)  the cutting down, removal or destruction of a species of tree identified as a primary koala browse tree within the Hastings area, the height of which exceeds 5 metres, or

(c)  the removal of an area of vegetation including trees, understorey or ground cover (or any combination of them), by the use of machinery.

(4)  Nothing in this clause prevents the ongoing maintenance of existing fire radiation zones or fire trails.

(5)  The Council shall not grant consent to vegetation removal on land to which this clause applies unless it has taken into consideration the provisions of the Kings Creek Koala Plan of Management.

cl 21A: Ins 19.2.1999.

22 Protected lands

(1)  This clause applies to land shown by vertical hatching on the map.

(2)  Land to which this clause applies shall not be clearfelled without the consent of the Council.

23 Flood prone land

(1)  This clause applies to land shown by diagonal hatching on the map.

(2)  The Council shall not consent to development of any land to which this clause applies unless a survey to identify the 1 in 100 year flood level has been undertaken and completed.

(3)  Notwithstanding any other clause in this plan:

(a)  where land within Zone No 1 (a1) or 1 (a3) is identified as being below the 1 in 100 year flood level, the zone objectives, development control table and any special provisions relating to land within Zone No 1 (a2) shall apply to that land, and

(b)  where land within Zone No 2 (a1) is identified as being below the 1 in 100 year flood level, or adequate flood free access is not available to that land, the zone objectives, development control table and any special provisions relating to land within Zone No 2 (a2) shall apply to that land, and

(c)  development (other than land filling) must not be carried out on land within Zone No 2 (c) or 4 (t) if the level of the land is less than 650mm above the 1 in 100 year flood level, and

(d)  where land within Zone No 2 (t), 2 (t2) or 3 (s) is identified as being at less than 800mm above the 1 in 100 year flood level, development must not be carried out on the land unless all habitable floor levels are not less than 800 mm above that level, or are within a ring levee which has its upper lip not less than 800 mm above that level.

(4)  Subclause (3) does not prevent a person from obtaining consent in accordance with clause 20A for the filling of land shown on the map as being within Zone No 2 (a1) and diagonally hatched if the filling is for the purposes of:

(a)  raising the level of the land above the 1 in 100 year flood level, and

(b)  facilitating the grant of a subsequent consent to allow development of the land permitted within that zone.

cl 23: Am 31.8.1990; 1.12.1995; 12.7.1996; 27.6.1997. Rep 26.3.1999.

23A (Repealed)

cl 23A: Ins 5.2.1988. Am 2.2.1990; 31.8.1990. Subst 6.8.1993. Am 27.8.1993; 30.9.1994; 21.10.1994; 12.7.1996; 24.7.1998.

23B Mineral sand mines

(1)  The Council shall not grant its consent in respect of an application for the carrying out of development of land for the purposes of a mineral sand mine except with the concurrence of the Director of Planning.

(2)  The Council shall, in respect of such an application, consult with the Director of National Parks and Wildlife and shall not determine the application until:

(a)  the Council has received representations from the Director of National Parks and Wildlife with respect to the application (or has been informed by that Director that no representations are to be made with respect to the application), or

(b)  28 days have elapsed after the date on which a copy of the application was referred to the Director of National Parks and Wildlife,

whichever occurs first.

(3)  For the purposes of subclause (1), the Director of Planning, in deciding whether concurrence should be granted to a development application, shall take into consideration the likelihood of the proposed development:

(a)  adversely affecting any beach or dune or the bed, bank, shoreline, foreshore, margin or flood plain 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 the landscape, vegetation or scenic quality of the locality.

(4)  The matters on which the Director of National Parks and Wildlife shall be consulted pursuant to subclause (2) are the effects on flora, fauna and aboriginal archaeological sites.

cl 23B: Ins 31.8.1990.

23C Development on land containing potential acid sulfate soils

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

(2)  A person must not, without the consent of the Council, carry out works on land to which this plan applies shown as being Class 1, 2, 3, 4 or 5 land on the acid sulfate soils map, being the works specified for the class of land in the following table:

Class of land	Works to which this clause applies
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 natural ground.
4	Works beyond 2 metres below the natural ground surface; Works by which the watertable is likely to be lowered beyond 2 metres below natural ground.
5	Works by which the watertable is likely to be lowered to below 1 metre AHD in adjacent Class 1, 2, 3 or 4 land.

(3)  For the purposes of subclause (2), works includes any landform alteration that results in the disturbance of soil (such as occurs in carrying out agriculture, the construction of dams, the maintenance of existing drains, flood mitigation works or any other works which will alter groundwater levels).

(4)  The Council must not grant such consent unless it has considered:

(a)  a preliminary soil assessment determining the presence or absence of potential or actual acid sulfate soils within the area of proposed landform alteration, unless the applicant agrees that potential or actual acid sulfate soils are present within the area of proposed landform alteration, and

(b)  where the preliminary soil assessment identifies, or the applicant agrees about the presence of, potential or actual acid sulfate soils—the adequacy of an acid sulfate soils management plan prepared in accordance with the Environment Protection Authority’s guidelines, and

(c)  the likelihood of the proposed development resulting in the oxidation of acid sulfate soils, and

(d)  any comments received from any relevant public authority the Council may consult with in respect of the application.

cl 23C: Ins 27.6.1997.

24 Hotels, motels and caravan parks—Zone No 1 (a1) or 1 (a4)

A hotel, motel or caravan park shall not be erected on land within Zone No 1 (a1) or 1 (a4):

(a)  which has an area of less than 2 hectares, and

(b)  where the land has a frontage to a main or arterial road—which has a frontage to that road of less than 200 metres.

25 Rural tourist facilities

The Council shall not consent to development for the purposes of a rural tourist facility unless the land:

(a)  has an area of not less than 4 hectares, and

(b)  where the land has a frontage to a main or arterial road—has a frontage to that road of not less than 200 metres.

cl 25: Subst 31.8.1990.

26 Lot sizes—Zone No 1 (u), 2 (a1), 2 (a2), 2 (a4), 2 (t) or 2 (v)

(1)  This clause applies to land within Zone No 1 (u), 2 (a1), 2 (a2), 2 (a4), 2 (t) or 2 (v).

(2)  In the case of land to which this clause applies other than land within Zone No 2 (a4), a person shall not erect a dwelling-house on an allotment of land unless the allotment:

(a)  has an area of not less than 450 square metres, and

(b)    (Repealed)

(c)  has a suitable site for the erection of a dwelling-house outside any land within Zone No 1 (u).

(3)  In the case of land within Zone No 2 (a4), a person shall not erect a dwelling-house on an allotment of land unless the allotment has an area of not less than 2 000 square metres.

(4)  Nothing in this clause prevents a person from erecting a dwelling-house on an allotment of land to which this clause applies, being an allotment created for residential purposes prior to the appointed day.

(5)  Any application to subdivide land within Zone No 2 (t) shall include a statement regarding how the proposed development relates to the objectives of the zone.

cl 26: Subst 5.2.1988. Am 25.8.1989; 31.8.1990; 10.4.1992; 24.7.1998; 15.10.1999.

27 Land having frontage to a main or arterial road or TR No 4030 within Zone No 2 (a1), 2 (a2), 2 (a4), 2 (t), 2 (t2), 2 (v) or 3 (s)

Where any parcel of land within Zone No 2 (a1), 2 (a2), 2 (a4), 2 (t), 2 (t2) or 3 (s) or 2 (v) has frontage to a main or arterial road, the Council shall not consent to a subdivision by which more than one allotment will be excised unless the allotments have access to the road concerned only by an access common to all allotments to be excised.

cl 27: Am 5.2.1988; 31.8.1990; 27.6.1997.

27A (Repealed)

cl 27A: Ins 5.2.1988. Subst 31.8.1990. Rep 15.10.1999.

28 Dual occupancy

Subdivision of a dual occupancy on land within Zone No 2 (a1), 2 (c) or 2 (v) is allowed, but only with the consent of the Council.

cl 28: Am 23.6.1989. Subst 27.8.1993; 15.10.1999.

28A Floor space ratio of building

(1)  This clause applies to land within a residential or business zone (other than land to which clause 28B or 30 applies).

(2)  A building shall not be erected on land to which this clause applies if the floor space ratio would exceed:

(a)  the floor space ratio as indicated on the floor space ratio map in respect of the land, or

(b)  if no floor space ratio is indicated, 0.5:1.

(2A)  In relation to land to which a maximum floor space ratio of 1.8:1 applies, the Council shall not grant consent for the erection of new buildings that the Council is satisfied will be used for the purposes of a residential flat building or commercial premises unless the floor space ratio of the proposed development exceeds 1:1.

(3)  A floor space ratio indicated on the floor space ratio map is a development standard within the meaning of section 4 (1) of the Act.

cl 28A: Ins 31.8.1990. Am 11.2.1994.

28B Town centre development

(1)  This clause applies to land shown diagonally hatched on the floor space ratio map.

(2)  The objectives of this clause are:

(a)  to encourage a strong multi-functional town centre,

(b)  to ensure that development is arranged and carried out in a way that maintains significant views to and from the town centre,

(c)  to encourage development of prime tourism sites, and

(d)  to ensure convenient pedestrian access is provided throughout the town centre.

(3)  The Council shall not grant consent to an application for development of land to which this clause applies unless it has taken into consideration the objectives of this clause.

cl 28B: Ins 31.8.1990.

28C Medical centres

(1)  This clause applies to medical centres.

(2)  The objective of this clause is to ensure the integration of medical centres into the subject neighbourhood.

(3)  The Council shall not grant consent to development for the purposes of a medical centre unless it is satisfied that:

(a)  adequate parking is available to service the development,

(b)  any signage associated with the development is of an appropriate scale for the area surrounding the development.

(4)  Where the medical centre is located on land other than land within Zone No 3 (a), the number of medical practitioners, dentists or medical health care professionals permitted to practise within the medical centre must not exceed 3 to ensure the amenity of the subject neighbourhood is not adversely affected.

cl 28C: Ins 27.5.1994.

29 (Renumbered as clause 29AA) cl 29: Rep 22.1.1988 (see also 26.2.1988). Ins 31.8.1990. Am 28.8.1992. Renumbered as cl 29AA, 2005 No 64, Sch 2.20 [3].

29AA Multiple occupancy

(1)  The Council shall, in respect of an application for consent to carry out development for the purposes of multiple occupancy, consult with the Director-General of the Department of Agriculture and Fisheries and the Commissioner of the Soil Conservation Service and shall not determine such an application until:

(a)  it has received representations with respect to the application, or been informed that no representations are to be made with respect to the application, by the Director-General and the Commissioner, or

(b)  28 days have elapsed after the date on which a copy of the application was referred to the Director-General and the Commissioner,

whichever occurs first.

(2)  The matters on which the Director-General shall be consulted pursuant to subclause (1) are the effects of the proposed development on the present and potential agricultural use of the land and of land in the vicinity.

(3)  The matters on which the Commissioner shall be consulted pursuant to subclause (1) are:

(a)  topographic and soil limitations with respect to house and access track location and construction,

(b)  vegetation disturbance, and

(c)  effluent disposal.

(4)  The Council shall not consent to development for the purposes of multiple occupancy unless:

(a)  the land has an area of not less than 40 hectares and comprises a single allotment not subdivided whether the Local Government Act 1919, the Community Land Development Act 1989 or the Strata Titles Act 1973,

(b)  the height of any building on the land does not exceed 8 metres,

(c)  the proposed residential accommodation does not exceed one dwelling for each 5 hectares of the land or 80 dwelling-houses, whichever is less,

(d)  the proposed residential accommodation consists of individual buildings or groups or clusters of buildings which together function as dwelling-houses which are located on the land,

(e)  the area of land available for common use (other than residential accommodation) comprises not less than 80 per cent of the total area of the land,

(f)  the dwelling houses are not situated on land within Zone No 1 (a3),

(g)  the development is not carried out for the purposes of a motel, hotel, caravan park or any other type of holiday, tourist or weekend residential accommodation,

(h)  the council has taken into consideration any representations made by the Director-General of the Department of Agriculture and Fisheries or the Commissioner of the Soil Conservation Service, and

(i)  the Council has made an assessment of the factors referred to in Schedule 6.

(5)  Subclause (4) (g) does not prohibit development of ancillary holiday accommodation within a multiple occupancy.

(6)  If development is carried out on land pursuant to this clause, the subdivision of the land under the Local Government Act 1919 and the separate occupation of the several lots illustrated by a proposed community plan, precinct plan, neighbourhood plan or strata plan relating to the land are prohibited.

(7)  Subclause (6) does not apply to a subdivision of the land for the purposes of:

(a)  widening a public road,

(b)  making an adjustment to a boundary between allotments, being an adjustment that does not involve the creation of any additional allotment,

(c)  rectifying an encroachment on an allotment,

(d)  creating a public reserve,

(e)  consolidating allotments, or

(f)  excising from an allotment land which is or is intended to be used for public purposes, including drainage purposes, bush fire brigades or other rescue service purposes or public conveniences.

cl 29AA (previously cl 29): Rep 22.1.1988 (see also 26.2.1988). Ins 31.8.1990. Am 28.8.1992. Renumbered 2005 No 64, Sch 2.20 [3].

29A Exhibition homes

(1)  This clause applies to land that may be used for the purpose of exhibition homes.

(2)  The objective of this clause is to identify relevant issues that generally apply to exhibition homes and affect whether consent should be granted and whether certain conditions should be applied to ensure the integration of exhibition homes into the subject neighbourhood.

(3)  The Council shall not grant consent to an exhibition home unless it is satisfied that:

(a)  adequate parking is available to service the development,

(b)  any signage associated with the development is of an appropriate scale for the area, and

(c)  the consent for the use as an exhibition home is limited to a period of time appropriate to the subject neighbourhood.

cl 29A: Ins 26.8.1994.

30 Canal and marina development

(1)  This clause applies to lot 201 in DP 710567, lot 2 in DP 702009, lot 1 in DP 619797, lot 1 in DP 539309, and parts of Settlement Point Road (as enclosed by those lots), Settlement Point Road, Port Macquarie.

(2)  In this clause:

canal development means the carrying out of works involving landform alteration so as to create tidal waterways that will provide water front land parcels that may subsequently be developed for residential, tourist, business, commercial or industrial purposes, and includes the construction of ancillary flood devices, but does not include any waterway created solely for the purpose of agriculture.

marina development means a pontoon, jetty, pier, or similar structure, designed or adapted to provide moorings for a total of 10 or more small boats used primarily for pleasure or recreation, and includes ancillary works such as slipways (other than a slipway associated with a private dwelling), facilities for the repair and maintenance of boats and the provision of fuel, accessories and parts for boats, and of foodstuffs.

(3)  The objectives of this clause are:

(a)  to ensure that canal development is designed to provide a satisfactory hydraulic solution to the development of flood prone land,

(b)  to ensure that canal development and marina development conform with recognised standards,

(c)  to ensure that canal development and marina development are designed to ensure that the environmental impact of development does not exceed an acceptable level, and

(d)  to ensure that canal development and marina development are not located in areas of environmental sensitivity.

(4)  The Council shall, in respect of an application for canal development or marina development, consult with the Director-General of the Department of Agriculture and Fisheries, the Director of National Parks and Wildlife, the Director of Public Works and the Commissioner of the Soil Conservation Service and is not to determine such an application until:

(a)  it has received representations from them with respect to the application, or has been informed by them that no representations are to be made with respect to the application, or

(b)  40 days have elapsed after the date on which a copy of the application was referred to them,

whichever occurs first.

(5)  Pursuant to subclause (4), the matters for consultation are:

(a)  in respect of the Director-General of the Department of Agriculture and Fisheries:

(i)  the requirements and objectives of the Department of Agriculture and Fisheries’ guidelines for canal and marina development, and

(ii)  assessment of the proposed development in terms of those guidelines,

(b)  in respect of the Director of National Parks and Wildlife:

(i)  the adequacy of proposed measures to ensure the protection of any land subject to State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests, and

(ii)  any matter arising under the National Parks and Wildlife Act 1974,

(c)  in respect of the Director of Public Works, the hydraulic and hydrologic design of the canal or marina development, and

(d)  in respect of the Commissioner of the Soil Conservation Service, the need for, and adequacy of, soil conservation measures to be undertaken.

(6)  The Council shall not grant consent to the development of land for canal development unless:

(a)  adequate flood free access is available to the land,

(b)  the development:

(i)  does not cause any significant effect on flood levels, or

(ii)  complies with any floodplain development strategy applying to the land, and

(c)  measures are undertaken to ensure compliance with the provisions of this clause during the construction period of development, and where development is to be staged, the development complies with the provisions of this clause at each stage.

(7)  The Council shall not grant consent to canal development or marina development unless it has taken into consideration any representations made by the Director-General of the Department of Agriculture and Fisheries, the Director of National Parks and Wildlife, the Director of Public Works and the Commissioner of the Soil Conservation Service.

cl 30: Subst 31.8.1990.

31 Bushfire protection measures

(1)  The Council shall not consent to any development unless it is satisfied as to the bushfire protection facilities to be incorporated in the design of any subdivision or buildings including, as far as possible, the continued maintenance of those facilities.

(2)  Where a bushfire hazard is identified, the Council shall not grant its consent to subdivision or the erection of buildings on land zoned for urban purposes where that land adjoins land zoned for purposes other than urban purposes, unless:

(a)  a perimeter road or reserve is provided which circumscribes the side of the land proposed to be developed which is at risk from bushfire,

(b)  a fire radiation zone is provided, managed for hazard reduction and located on the bushland side of the perimeter road or reserve, and

(c)  all lots adjoining the perimeter road or reserve have a depth from the perimeter road or reserve of at least 40 metres.

cl 31: Am 5.2.1988.

32 Community use of schools

Nothing in this plan prevents, with the consent of the Council:

(a)  community use of the facilities and sites of schools, colleges and other educational institutions,

(b)  commercial operation of those facilities and sites, or

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

32A Neighbourhood centres

(1)  This clause applies to development for the purposes of neighbourhood centres on land within Zone No 2 (a1) or 2 (c).

(2)  The objectives of this clause are to ensure that the neighbourhood centres are viable and not in competition with one another and are compatible with a hierarchy of business centres.

(3)  The Council shall not consent to development for the purpose of a neighbourhood centre unless:

(a)  the Council is satisfied that the development is consistent with the objectives of this clause, with particular regard to size, facilities and location, and

(b)  the neighbourhood centre is located at least 1.5 kilometres from the nearest neighbourhood centre or business zone.

cl 32A: Ins 5.2.1988. Subst 2.2.1990. Am 12.7.1996.

33 Dwelling-houses—Zone No 7 (f1) or 7 (f2)

(1)  This clause applies to land within Zone No 7 (f1) or 7 (f2).

(2)  The Council shall not grant consent to the erection of a dwelling-house on an allotment of land to which this clause applies unless the allotment:

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

(b)  comprises an allotment:

(i)  lawfully created prior to 14 September 1979,

(ii)  used for a purpose referred to in Item 3 of the matter relating to Zone No 7 (f1) or 7 (f2) in the Table to clause 12,

(iii)  that has a ratio of depth to frontage satisfactory to the Council having regard to the purpose for which it is used, and

(iv)  that has a frontage to a main or arterial road of not less than 200 metres.

(3)  The Council shall not consent to the erection of a dwelling-house on an allotment of land referred to in subclause (2) (b) unless the use of the dwelling-house is ancillary and subsidiary to the present or intended development of that allotment.

(4)  Only one dwelling-house may be erected on any allotment of land referred to in subclause (2) (a) or (b) but a second dwelling-house may be erected if its use will not commence until the use of the firstmentioned dwelling-house has permanently ceased or that dwelling-house has been demolished.

cl 33: Am 18.12.1987.

34 Development—Zone No 7 (f1) or 7 (f2)

(1)  This clause applies to land within Zone No 7 (f1) or 7 (f2).

(2)  A person shall not carry out development (other than for the purposes of advertisements) on land to which this clause applies without the consent of the Council and the concurrence of the Director.

(3)  The Director, in deciding whether concurrence should be granted, as referred to in subclause (2), shall take into consideration the likelihood of the proposed development:

(a)  adversely affecting, or being 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,

(b)  adversely affecting any beach or dune or the bed, bank, shoreline, foreshore, margin or floodplain of the sea or any arm of the sea or any bay, inlet or lagoon, lake, body of water, river, stream or watercourse, and

(c)  adversely affecting the landscape or scenic quality of the locality.

cl 34: Am 31.8.1990; 28.8.1992.

35 Acquisition of land within Zone No 5 (a)—(Education), 5 (a)—(Water Supply), 6 (b), 7 (f2), 8 (b), 9 (b) or 9 (c)

(1)  The owner of land within Zone No 5 (a)—(Education), 5 (a)—(Water Supply), 6 (b), 7 (f2), 8 (b), 9 (b) or 9 (c) may, by notice in writing, require:

(a)  in the case of land within Zone No 5 (a)—(Education), the Minister for Education,

(a1)  in the case of land within Zone No 5 (a)—(Water Supply), the Council,

(b)  in the case of land within Zone No 6 (b) or 9 (c), the Council,

(c)  in the case of land within Zone No 7 (f2), the corporation constituted under section 8 (1) of the Act,

(d)  in the case of land within Zone No 8 (b), the Director of National Parks and Wildlife, or

(e)  in the case of land within Zone No 9 (b), the Roads and Traffic Authority,

to acquire that land.

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

(3)  Where land within Zone No 6 (b) or 9 (c) cannot, in the opinion of the Council, be used or developed within a reasonable time after the appointed day for the purpose for which it has been zoned the Council may permit the land to be developed for any other purpose.

(4)  Nothing in subclause (2) requires the Council to acquire land within Zone No 6 (b) or 9 (c) during the currency of a consent obtained under subclause (3).

(5)  Notwithstanding subclause (2), the Commissioner for Main Roads is not required to acquire land the subject of a notice referred to in subclause (1) unless:

(a)  a development application has, since the land last became subject to this clause, been made in respect of the land,

(b)  the development the subject of the development application consists of development for a purpose for which development could have been carried out on the land (whether or not with development consent) immediately before the land last became subject to this clause, and

(c)  the Council has refused its consent to the development application.

cl 35: Subst 5.2.1988. Am 31.8.1990; 27.6.1997; 19.2.1999.

36 Use of land within Zone No 9 (b) pending acquisition

(1)  Until the land within Zone No 9 (b) referred to in clause 35 is acquired by the Commissioner for Main Roads, development for any purpose may, with the consent of the Council and the concurrence of the Commissioner for Main Roads, be carried out on that land.

(2)  The Council shall not grant consent as referred to in subclause (1) unless the Council is satisfied that proper arrangements have been made (whether by the imposition of conditions under section 91 of the Act or otherwise) with respect to the following matters insofar as they are necessary to allow the development proposed after acquisition to be carried out:

(a)  the removal or alteration of any building, work or excavation to be erected or carried out on the land pursuant to the consent,

(b)  the reinstatement of the land, and

(c)  the removal of any waste material or refuse from the land.

(3)  Nothing in this clause operates to prohibit:

(a)  the erection of a fence, or

(b)  with the consent of the Council, the erection or construction of what, in the opinion of the Council, is an essential utility installation (other than a gas holder or generating work),

on any land within Zone No 9 (b).

(4)  In considering whether to grant concurrence under subclause (1), the Commissioner for Main Roads shall take into consideration:

(a)  the imminence of development of the land for the purpose for which it is reserved,

(b)  whether the proposed development will render the land unfit for that purpose,

(c)  the cost of the reinstatement of the land for that purpose, and

(d)  whether a refusal to grant concurrence will cause undue financial hardship to any owner, mortgagee or lessee of the land.

cl 36: Subst 5.2.1988.

37 Referral of development applications—Zone No 8 (b)

(1)  The Council shall not consent to an application for the carrying out of development on land within Zone No 8 (b) unless the Council has referred a copy of the application to the Director of National Parks and Wildlife.

(2)  Where a copy of an application has been referred to the Director of National Parks and Wildlife under subclause (1), the Council shall not determine the application until:

(a)  it has received a representation with respect to the application from the Director,

(b)  the Director has informed the Council that the Director does not wish to make any representation with respect to the application, or

(c)  28 days have elapsed after the date on which a copy of the application was referred to the Director,

whichever first occurs.

cl 37: Am 31.8.1990.

38 Retailing of bulky goods

(1)  This clause applies to land with Zone No 3 (b), 3 (s), 4 (a) or 4 (b).

(2)  In this clause:

bulky goods means large goods which are, in the opinion of the Council, of such size and shape as to require:

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

(b)  direct vehicular access to the site on or from which the goods are sold for the purposes of the loading or unloading of the goods on to or from vehicles.

(3)  Subject to subclause (4), nothing in this plan shall prevent a person, with the consent of the Council, from carrying out on land to which this clause applies development for the purpose of the retail sale or hire of bulky goods from a building or site in or on which those goods are stored, manufactured, displayed or processed.

(4)  The Council shall not grant consent to an application to carry out development referred to in subclause (3) unless it is satisfied:

(a)  that suitable land is not available for the proposed development in any nearby business centre, and

(b)  the proposed development will not detrimentally affect:

(i)  existing or future industrial development within the zone in which the land concerned is situated, or

(ii)  the range of services offered by existing shops located in any nearby business centre.

cl 38: Am 31.8.1990; 7.3.1997; 27.6.1997.

38A Development within Zone No 4 (t)

(1)  This clause applies to land within Zone No 4 (t).

(2)  The Council must not grant consent to the carrying out of development for the purpose of commercial premises, an educational establishment, tourist facilities or a transport terminal unless the Council is satisfied that the development:

(a)  relies on, or would significantly benefit from, being located within Zone No 4 (t), or

(b)  is required to provide services or training facilities predominantly for industries or persons employed within Zone No 4 (t).

(3)  The Council must not grant consent to the carrying out of development for the purpose of a bulk store, light industry, liquid fuel depot, public building or warehouse unless the Council is satisfied that the development is better suited to being located within Zone No 4 (t) than any other industrial zone.

(4)  The Council must not grant consent to the carrying out of development on land to which this clause applies for the purpose of a child care centre, recreation area, recreation facility or shop unless the Council is satisfied that the development provides services predominantly for persons employed within Zone No 4 (t).

(5)  The Council must not grant consent to the carrying out of development on land to which this clause applies for the purpose of a dwelling unless the Council is satisfied that there is a need for the dwelling to be provided as part of other development carried out in Zone No 4 (t).

(6)  The Council must not grant consent to the carrying out of any development on land to which this clause applies unless the Council is satisfied that the development will achieve a high standard of visual amenity.

cl 38A: Ins 27.6.1997.

39 Need for recreation facilities

The Council shall not consent to the carrying out of development on land within Zone No 6 (a) or 6 (b), being land owned or controlled by the Council, unless consideration has been given to:

(a)  the need for the proposed development on that land,

(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.

cl 39: Am 5.2.1988.

40 Variation of zone boundaries

(1)  This clause applies to land which is:

(a)  within 100 metres of a boundary between land within Zone No 1 (a1), 1 (a2), 1 (a3), 1 (a4), 1 (c1) or 1 (f1), or

(b)  otherwise within 20 metres of a boundary between land within differing zones.

(2)  Subject to subclause (3), development may be carried out with the consent of the Council on land to which this clause applies for any purpose for which development may be carried out in the adjoining zone on the other side of the zone boundary.

(3)  The Council shall not grant consent to the carrying out of development referred to in subclause (2) unless, in the opinion of the Council:

(a)  the characteristics of the land are consistent with the objectives of the adjoining zone, and

(b)  the carrying out of the development is desirable due to planning, design, ownership, servicing or similar requirements relating to the optimum development of land to which this plan applies.

cl 40: Am 5.2.1988. Subst 31.8.1990.

41 Preservation of trees

A tree preservation order in force immediately before the appointed day in relation to any land to which this plan applies shall be deemed to be a tree preservation order made pursuant to clause 8 of the Environmental Planning and Assessment Model Provisions 1980, as adopted by this plan.

cl 41: Am 2005 No 64, Sch 2.20 [4].

42 Heritage items

(1)  A person must not, in respect of a building, work, relic, tree or place that is a heritage item:

(a)  demolish or alter the building or work,

(b)  damage or move the relic,

(c)  excavate for the purpose of exposing the relic,

(d)  damage or despoil the place or tree,

(e)  erect a building on or subdivide land on which the building, work or relic is situated or that comprises the place,

(f)  damage any tree on land on which the building, work or relic is situated or on the land which comprises the place, or

(g)  make structural changes to, or non-structural changes to the detail, fabric, finish or appearance of, the interior of a building or work listed in Part 1 of Schedule 1,

except with the consent of the council.

(2)  The council must not grant, consent to a development application required by subclause (1) unless it has taken into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the item and any stylistic or horticultural features of its setting.

(3)  The council may require that a conservation plan accompany a development application required by this clause to enable the council to fully consider the heritage significance of the item and the impact of the proposed development on the significance of the item and its setting.

cl 42: Subst 6.8.1993.

43 Development in the vicinity of heritage items

The council must not grant consent to an application to carry out development on land in the vicinity of a heritage item unless it has made an assessment of the effect the carrying out of that development will have on the heritage significance of the item and its setting.

cl 43: Am 18.12.1987. Subst 6.8.1993.

44 Heritage advertisements and notifications

(1)  Except as provided by subclause (4), pursuant to section 30 (4) of the Act the provisions of sections 84, 85, 86, 87 (1) and 90 of the Act apply to and in respect of:

(a)  the demolition of a heritage item, and

(b)  the use of a building or land referred to in clause 45 for a purpose which, but for that clause, would be prohibited under this plan,

in the same way as those provision apply to and in respect of designated development.

(2)  Except as provided by subclause (4), the council must not grant consent to an application to demolish a heritage item or to make changes to the interior of a building or work listed in Part 1 of Schedule 1 unless:

(a)  the council has notified the Heritage Council of its intention to grant consent, and

(b)  the Heritage Council has no objection to the granting of consent.

(3)  The Heritage Council is to be taken as having no objection unless it notifies the council of its objection not later than 28 days after receiving notice of the council’s intention to grant consent.

(4)  This clause does not apply to the partial demolition, or changes to the interior, of a heritage item if, in the opinion of the council the partial demolition or changes to the interior will be of a minor nature and will not adversely affect the heritage significance of the heritage item in relation to the environmental heritage of the land to which this plan applies.

cl 44: Subst 6.8.1993.

45 Conservation incentives

(1)  Nothing in this plan prevents the council from granting consent to the use for any purpose, of a building that is a heritage item, or the land on which the building is erected, if it is satisfied that:

(a)  the proposed use would have little or no adverse effect on the amenity of the area, and

(b)  the conservation of the building depends on the council granting consent as provided by this clause.

(2)  When considering an application to erect a building on land on which there is situated a building which is a heritage item, the council may:

(a)  for the purpose of determining the floor space ratio, and

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

exclude from its calculation of the floor space of the buildings erected on the land the floor space of the item, but only if the council is satisfied that the conservation of the item depends upon the council making that exclusion.

cl 45: Rep 31.8.1990. Ins 6.8.1993.

46 Development of a place of potential historical archaeological significance

Where the council receives an application for consent to carry out development involving the excavation or filling of land, or the erection or demolition of buildings on land, which comprises a potential historical archaeological site, the council must not grant consent unless:

(a)  it has received from the applicant, and considered, a conservation plan which includes an assessment of how the proposed development would affect the conservation of the site, and

(b)  in the case of development involving the disturbance or excavation of the land, any excavation permit required under Division 9 of Part 6 of the Heritage Act 1977 has been obtained.

cl 46: Subst 6.8.1993.

47 Home business

(1)  A person may develop land for the purposes of a home business without the consent of the Council provided that the home business:

(a)  is an occupation carried on within a dwelling,

(b)  does not employ persons other than residents of the dwelling concerned,

(c)  will not interfere 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, grit or oil or otherwise,

(d)  does not involve the display of goods in a window or otherwise, and

(e)  does not involve the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on a dwelling-house or dwelling situated on the land to indicate the name and occupation of the resident).

(2)  A home business which would require registration as a factory under the Factories, Shops and Industries Act 1962, is not an occupation for the purposes of subclause (1) (a).

48 Advertisements

(1)  In this clause, unless the context or subject-matter otherwise indicates or requires:

attached, in relation to a building, means attached, whether by way of a structure or otherwise, to the building or to the land on which the building is situated.

directional means indicating the location of tourist facilities or activities or places of scientific, historical or scenic interest.

(2)  Subject to subclause (3), a person shall not display an advertisement or cause an advertisement to be displayed, including an advertisement referred to in subclause (4) (b) or (c), unless the advertisement is attached to a building and identifies that building.

(3)  A person may within Zone No 1 (a1), 1 (a2), 1 (a3), 1 (a4) or 5 (b) display an advertisement which is directional provided the advertisement is placed at least 6 metres from the nearest alignment of an arterial or main road.

(4)  Subject to subclause (2), nothing in this plan prohibits:

(a)  window displays,

(b)  advertisements displayed for a period not exceeding 2 months, or

(c)  commercial signs or real estate signs within the meaning of Ordinance No 55 made under the Local Government Act 1919 or advertising structures referred to in Item 1, Item 3 or Item 4 of Schedule 3 to that Ordinance,

any of which may be erected without the consent of the Council.

(5)  For the purposes of this clause, an advertisement identifies a building if it names or characterises the building or adverts to the purpose (or any proposed purpose) for which the building is used.

cl 48: Am 31.8.1990; 22.3.1991.

49 Development for certain additional purposes

(1)  Nothing in this plan prevents a person, with the consent of the Council, from carrying out development on land referred to in Schedule 7 for a purpose specified in relation to that land in that Schedule, subject to such conditions, if any, as are so specified.

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

(3)  If a condition referred to in subclause (1) requires consent to be granted within a specified period from the date of gazettal of an environmental planning instrument, the Council may not grant consent after the expiration of that period (or after such later date as the Minister may, before expiration of that period, notify by order published in the Gazette).

(4)  Nothing in subclause (3) prevents the Council from granting consent to the carrying out of alterations or extensions to, or the rebuilding of, a building or place being used for a purpose for which consent has been granted in accordance with subclause (1).

cl 49: Am 31.8.1990; 2005 No 64, Sch 2.20 [5].

49A Development of certain land at Dunbogan

(1)  This clause applies to the land shown edged heavy black and coloured on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 3)”.

(2)  The objectives of this clause are:

(a)  to ensure development of the land to which this clause applies is in the form of residential canal development and to enable a satisfactory hydraulic solution to the development of floodprone land,

(b)  to ensure canal design conforms with recognised standards,

(c)  to protect certain coastal wetlands,

(d)  to ensure adequate separation of urban development from the Dunbogan treatment works site, and

(e)  to ensure the retention of an effective wildlife corridor across the land to which this clause applies.

(3)  Land to which this clause applies, within Zone No 5 (c) or within so much of Zone No 7 (a) as is between the southern boundary of that zone and the broken line marked “edge of wetlands” on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 3)”, shall, for the purposes of a canal development, be taken to be within Zone No 2 (a1) provided that:

(a)  in respect of land within Zone No 5 (c), the Council is satisfied as to the adequacy of measures to be undertaken (without cost to the Council) to enable development at a distance of less than 400 metres from the Dunbogan treatment works site, and

(b)  in respect of land within Zone No 7 (a) a buffer of not less than a 1 in 3 batter slope is created at the edge and outside of the wetlands area as identified on that map.

(4)  The Council shall, in respect of an application for development for the purposes of a canal development, consult with the Director-General of the Department of Agriculture and Fisheries, the Director of National Parks and Wildlife, the Director of Public Works and the Commissioner of the Soil Conservation Service, and shall not determine such an application until:

(a)  it has received representations from them with respect to the application, or has been informed by them that no representations are to be made with respect to the application, or

(b)  28 days have elapsed after the date on which a copy of the application was referred to them, whichever occurs first.

(5)  Pursuant to subclause (4), the matters for consultation are:

(a)  in respect of the Director-General of the Department of Agriculture and Fisheries, the requirements and objectives of the Division of Fisheries of the Department of Agriculture and Fisheries guidelines for canal estate development,

(b)  in respect of the Director of National Parks and Wildlife:

(i)  the adequacy of proposed measures to ensure the protection of wetlands, and

(ii)  where the application relates to land within Zone No 7 (a), the location and adequacy of the buffer to be created at the edge of the wetlands area as identified on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 3)”,

(c)  in respect of the Director of Public Works:

(i)  the hydraulic design of the canal structure, and

(ii)  where the application relates to land within Zone No 5 (c), the adequacy of measures to be undertaken to enable development within 400 metres of the Dunbogan treatment works site, and

(d)  in respect of the Commissioner of the Soil Conservation Service, the need for, and the adequacy of, soil conservation measures to be undertaken.

(6)  The Council shall not grant consent to the development of land to which this clause applies within Zone No 2 (a1), or taken to be within Zone No 2 (a1) under subclause (3), unless:

(a)  the development is carried out in association with, or subsequent to, the construction of a canal development,

(b)  flood free access is available to Laurieton from such development,

(c)  the development is not such that will cause any effect on flood levels that results in significant environmental harm,

(d)  where that consent is for development for the purposes of a canal development, it has taken into consideration any representations made by the Director-General of the Department of Agriculture and Fisheries, the Director of National Parks and Wildlife Service, the Director of Public Works and the Commissioner of the Soil Conservation Service,

(e)  measures are undertaken to ensure compliance with the provisions of this clause during the construction period of development, and where development is to be staged, the development complies with the provisions of this clause at each stage,

(f)  the height of any building at ceiling level is not more than 6 metres above finished ground level, and

(g)  an effective wildlife corridor is retained across lot 3, DP 552001.

(7)  In considering an application for the development of the land to which this clause applies, the Council may require as a condition of consent, such measures:

(a)  to be undertaken to ensure the maintenance of water quality, and

(b)  to reduce any visual impact of development on views from North Brother Mountain.

(8)  Development of the land to which this clause applies within Zone No 2 (a1) (or taken to be in Zone No 2 (a1) under subclause (3)) shall, subsequent to development of that land for the purposes of a canal development, be subject to the provisions of this plan which relate to development of land within Zone No 2 (a1), and if consent is required for that development, to the provisions of subclauses (6) and (7).

cl 49A: Ins 10.3.1989. Am 31.8.1990; 5.8.1994.

50 Temporary use of land

(1)  In this clause temporary use of land means the use of land for a maximum period of 28 days, whether consecutive or not, in any one year.

(2)  Notwithstanding any other provisions of this plan, the Council may grant consent for temporary use of land for any purpose except where:

(a)  the use of the land for that purpose constitutes designated development, or

(b)  the use of the land for that purpose would contravene the provisions of any other environmental planning instrument.

cl 50: Rep 2.2.1990. Ins 21.10.1994.

51 Development of land adjoining Wauchope racecourse

(1)  This clause applies to so much of Lot 4 in DP 860913 as is within Zone No 1 (a1), 1 (u) or 2 (a1) shown within heavy black edging on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 79)”, Beechwood Road, Crosslands, Wauchope.

(2)  The objectives of this clause are:

(a)  to avoid allowing residential development that could give rise to conflict between it and adjoining land uses, having particular regard to noise from an adjoining existing racecourse, and

(b)  to enhance protection of an area of Aboriginal archaeological sensitivity.

(3)  The Council must not grant consent to the subdivision of land to which this clause applies unless it is satisfied that the subdivision pattern provides:

(a)  sites for dwellings which will not be subject to noise levels greater than 45 dB(A) L₉₀ in the daytime or 35 dB(A) L₉₀ in the night-time, having regard to adjoining land uses on Lot 1 DP 206905 and Lot 3 DP 595087, and

(b)  the length of the allotments is not excessive in relation to their width, and

(c)  there is a suitable timbered buffer 25 metres wide between the site of any existing or future dwelling and the racecourse.

(4)  The Council must not consent to a residential subdivision of land to which this clause applies unless it has considered a noise management report, prepared in accordance with the most current Environmental Noise Control Manual (prepared by the Environment Protection Authority), and containing the following:

(a)  an evaluation of the noise level contours over the site, and

(b)  a description of proposed noise attenuation measures to be carried out as part of the residential development, and

(c)  recommendations for any special requirements regarding dwellings to be imposed on the development, such as requirements relating to siting, noise insulation and permissible height.

(5)  In relation to land within Zone No 1 (a1) or 1 (u) and within 350 metres of the intersection of Beechwood Road and Yippen Creek Road, consent must not be granted unless it contains conditions which provide for the protection of Aboriginal relics that are or may be on the land.

cl 51: Ins 5.8.1988. Rep 2.2.1990. Ins 24.7.1998.

52 Development of certain land at Deauville

(1)  This clause applies to land being part lot 22, DP 231190, and part lot 3, DP 545930, at Deauville via Laurieton, as shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 4)”.

(2)  The objective of this clause is to permit the development of part of the land to which this clause applies for the purposes of rural residential subdivision, subject to:

(a)  the protection of its environmental qualities of the land,

(b)  the preservation of the natural environment of the adjoining land, and

(c)  the retention of the natural environmental appearance of the locality.

(3)  Notwithstanding any other provision of this plan (clause 17 excepted), development of land to which this clause applies may be carried out, with the consent of the Council, in accordance with this clause.

(4)  The Council shall, in respect of an application under the Act for its consent for subdivision under this clause, consult with the Director of National Parks and Wildlife and the Commissioner of the Soil Conservation Service and shall not determine such application until:

(a)  it has received representations with respect to the application, or been informed that no representations are to be made with respect to the application by the Director and the Commissioner, or

(b)  28 days have lapsed after the date on which a copy of the application was referred to the Director and Commissioner,

whichever occurs first.

(5)  The matters on which the Director of National Parks and Wildlife shall be consulted pursuant to subclause (4) are the adequacy of the archaeological report referred to in subclause (8) (a) (iii), and the impact of the development in respect of that archaeological report.

(6)  The matters on which the Commissioner of the Soil Conservation Service shall be consulted pursuant to subclause (4) are the adequacy of soil conservation measures undertaken or proposed to be undertaken, and the adequacy of the allotments to provide on-site disposal of sewage and domestic waste.

(7)  Pursuant to section 30 (4) of the Act, the provisions of sections 84, 85, 86, 87 (1) and 90 of the Act apply to and in respect of development for the purposes of subdivision under this clause in the same way as those provisions apply to and in respect of designated development.

(8)  The Council shall not grant consent to the development of land to which this clause applies unless:

(a)  where that application relates to the subdivision of the land:

(i)  the application is accompanied by an environmental impact report containing the matters referred to in Schedule 4,

(ii)  the application specifies the dwelling-house site and access to that site in respect of each lot to be created,

(iii)  the application is accompanied by an archaeological report, prepared by a relevant expert, on the impact of the development on the Aboriginal significance of the land,

(iv)  the Council has taken into consideration the representations of the Director of National Parks and Wildlife and the Commissioner of the Soil Conservation Service, if any, and

(v)  the average size of allotments to be created is not less than 1 hectare,

(b)  the development will be carried out in compliance with the development standards specified in Schedule 3, and

(c)  the development provides for the preservation of vegetation that is sufficient to ensure the retention of the natural and visual qualities of North Brother Mountain.

(9)  The Council may, subject to the provisions of this clause, grant consent for the erection of a dwelling-house on an allotment created by a subdivision carried out pursuant to a consent granted under this clause.

cl 52: Ins 12.8.1988. Am 31.8.1990.

52A Development of certain land adjoining The Binnacle, Port Macquarie

(1)  This clause applies to land within Zone No 2 (c) adjoining The Binnacle, Port Macquarie, as shown on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 54)”.

(2)  The Council shall not grant consent to the subdivision of land to which this clause applies unless the Council is satisfied that provision has been made within the design of the subdivision for drainage across the land.

cl 52A: Ins 12.7.1996.

53 Development of certain land at Kenwood Drive, Lake Cathie

(1)  This clause applies to part lot 3, DP 585979, Kenwood Drive, Lake Cathie, as shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 7)”.

(2)  The objective of this clause is to provide for specialist advice to the Council to assist in the consideration and determination of any significant development of the land to which this clause applies which is within an environmentally sensitive locality.

(3)  The Council shall, in respect of an application for consent for subdivision of land to which this clause applies, consult with:

(a)  the Director-General of the Department of Agriculture and Fisheries,

(b)  the Commissioner of the Soil Conservation Service,

(c)  the Director of National Parks and Wildlife, and

(d)  the Director of Public Works,

and shall not determine such an application until:

(e)  it has received representations with respect to the application, or been informed that no representations are to be made with respect to the application, by the Director-General, the Commissioner, and the Directors, or

(f)  28 days have elapsed after the date on which a copy of the application was referred to the Director-General, the Commissioner and the Directors,

whichever occurs first.

(4)  The matters on which the Director-General of the Department of Agriculture and Fisheries shall be consulted pursuant to subclause (3) are:

(a)  the impact on the quality or quantity of flows of water to the coastal wetland and fishery habitat, and

(b)  whether the development would result in pollution of the wetland or estuary and any measures to eliminate pollution.

(5)  The matter on which the Commissioner of the Soil Conservation Service shall be consulted pursuant to subclause (3) is the adequacy of soil conservation measures proposed to be undertaken in order to minimise erosion of the land and adjoining land.

(6)  The matters on which the Director of National Parks and Wildlife shall be consulted pursuant to subclause (3) are:

(a)  the impact on the adjoining wetlands and fisheries habitat of runoff during and after construction,

(b)  the impact on the Lake Innes—Lake Cathie waterway system,

(c)  the implications of possible restoration of Lake Innes as a freshwater lake, and

(d)  the protection of an osprey nest.

(7)  The matter on which the Director of Public Works shall be consulted pursuant to subclause (3) is the latest information on potential flood levels affecting the land.

cl 53: Ins 25.8.1989.

54 Classification and reclassification of public land as operational

The public land described in Schedule 8 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

Note—

The Local Government Act 1993 defines public land to mean any land (including a public reserve) vested in or under the control of the council (not including a road, land to which the Crown Lands Act 1989 applies, a common or land subject to the Trustees of Schools of Arts Enabling Act 1902).

Section 25 of the Local Government Act 1993 requires all public land to be classified as either “operational” or “community” in accordance with Part 2 of Chapter 6 of the Act. The classification will generally be achieved by a local environmental plan but may, in some circumstances, be achieved by resolution of the council (see sections 31, 32 and 33). (Some land was classified as operational by virtue of the transitional provisions of the Act.)

Reclassification of land as operational will also generally be achieved by a local environmental plan. The reclassification may, in one of the limited cases described in section 32, be achieved by a council resolution.

The purpose of classification (and reclassification) is to identify clearly that land which should be kept for use by the general public (community) and that land which need not (operational). The major consequence of classification is that it determines the ease or difficulty with which land may be alienated by sale, leasing or some other means.

The current classification of public land can be ascertained from Council’s Land Register.

cl 54: Ins 22.4.1994.

55 Development of certain land at McGilvray Road, Bonny Hills

(1)  This clause applies to Part Lot 6, DP 255418, McGilvray Road, Bonny Hills, as shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 52)”.

(2)  The Council shall not grant consent to a subdivision of land to which this clause applies unless it is satisfied that there are or will be available to the land reticulated sewage and drainage systems which will be adequate to service the future use of the land.

cl 55: Ins 29.9.1995.

56 Contaminated land and potentially contaminated land

(1)  This clause applies to land described in Schedule 9.

(2)  The aims of this clause are to identify land known or believed to be contaminated and to apply specific requirements and considerations, consistent with the “Planning Guidelines for Contaminated Land”.

(3)  In this clause Planning Guidelines for Contaminated Land means the guidelines printed in October 1995 and prepared by the Department of Urban Affairs and Planning and the Environment Protection Authority.

(4)  In relation to land to which this clause applies, the consent authority shall not grant consent for development unless:

(a)  it has considered the relevant provisions of the Planning Guidelines for Contaminated Land in relation to the proposed development, and

(b)  if any conditions are specified in relation to that land in Schedule 9—it is satisfied that those conditions have been complied with.

(5)  The provisions of subclause (4) do not apply to a development application where site remediation has been carried out and subsequent testing, in accordance with the Planning Guidelines, verifies that no further action under this clause is necessary for the proposed development.

Editorial note—

This plan was amended by Gazette No 29 of 25.2.2000, p 1480 by “inserting after clause 55 (5) the following subclause:

  

(6)  Nothing in this clause affects the operation of State Environmental Planning Policy No 55—Remediation of Land with respect to land to which this plan applies.”

cl 56: Ins 7.3.1997. Am 25.2.2000.

57 Development of certain land—Greenmeadows Drive and Colonel Barney Drive, Port Macquarie

(1)  Notwithstanding clauses 14 and 17, the Council may consent to the subdivision of Lot 1 DP 829920, Greenmeadows Drive and Colonel Barney Drive, Port Macquarie, so as to create three lots, if one lot consists only of land within Zone No 1 (a1), a second lot consists of land within both Zone No 1 (a1) and Zone No 2 (a1) and the third lot consists only of land within Zone No 2 (a1).

(2)  A dwelling must not be erected on land within Zone No 2 (a1) shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 108)” unless the land has a level of not less than 3.2 metres above Australian Height Datum and the habitable floor level of the dwelling is not less than 4.0 metres above Australian Height Datum.

(3)  The Council must not consent to any development of the land within Zone No 2 (a1), other than the subdivision referred to in subclause (1), until arrangements satisfactory to the Council have been made for the completion of Greenmeadows Drive.

(4)  The Council must not consent to any development of the land within Zone No 2 (a1), other than the subdivision referred to in subclause (1), until arrangements satisfactory to the Council have been made for the provision of a reticulated water supply to the site.

cl 57: Ins 28.7.2000. Am 2005 No 64, Sch 2.20 [6].

Schedule 1

(Clauses 8 (1), 42–46)

Part 1 Heritage items where interior has heritage significance

Kendall
Railway Station buildings (main building and detached men’s toilets). (HS0130)	Railway Street.
Port Macquarie
St Thomas The Apostle Anglican church building. (HS0004)	Lots 1 and 2 Section 7 and Lot 1 Section 7A DP 758852, Hay Street.
St Agnes Roman Catholic Church building and grounds. (HS0054)	Part Lots 8–10 Section 6 DP 758852, part Lot 2 DP 634711 and Lot 2 DP 571455, Horton and Hay Streets.
“Roto House” building. (HS0001)	Macquarie Nature Reserve, Lord Street.
Wauchope
Courthouse building (excluding additions). (HS0048)	Part Lot 2, No 41 Hastings Street.

Part 2 Other heritage items

Bagnoo
Thone River Bridge. (HS0036)	Oxley Highway.
Ballengarra
Historic well. (HS0025)	Part Portions 13 and 82, Doyles Smiths Creek Road, Parish of Cairncross.
Former sugar plantation “Yadillah”. (HS0024)	Part Portions 11 and 12 , Rollands Plains Road, Parish of Cairncross.
Beechwood
School building. (HS0107)	Lot 141 DP 754446, and part Portion 107, Beechwood Road, Parish of Redbank.
Uniting Church building. (HS1018)	Part Lot 3 DP 729837, Beechwood Road, Parish of Redbank.
Cemetery. (HS0012)	Reserve 15482, corner Pappinbarra Road and Koree Island Road.
Camden Haven (Kendall to Dellward)
Former timber tramway earthworks. (HS0032)	Vicinity of Kew-Comboyne Road.
Cells Creek
Former goldmine. (HS0116)	Within Doyles River State Forest.
Comboyne
Cemetery. (HS0117)	Reserve No 48917, O’Sullivans Lane.
Ellenborough
Cemetery. (HS0118)	Reserve No 19356, Oxley Highway.
Police Station building and associated mature trees. (HS0119)	Reserve No 59933, via Oxley Highway.
Fernbank Creek
Dwelling-house. (HS0057)	Lot 3 DP 613998, Fernbank Creek Road.
Herons Creek
Saint Mary the Virgin Church.	Lot 2, DP 837307, Blackbutt Forest Road.
Kendall
Railway bridge. (HS0120)	Over Camden Haven River.
ANZAC War Memorial. (HS0121)	Corner Comboyne and Albert Streets.
School of Arts (Community) Hall. (HS0031)	Lot 36 DP 754418, No 19 Comboyne Street (corner Albert Street).
Dwelling-house. (HS0122)	Lots 13 and 14, Section A, DP 5678, No 34 Comboyne Street.
Central School building (built 1880). (HS0124)	Corner Comboyne Street and Logans Crossing Road.
Cemetery. (HS0125)	Kendall Forest Road.
Roman Catholic Church building. (HS0128)	Lot 1 DP 717923, Laurel Street.
Dwelling-house. (HS0126)	Lot 1 DP 339359, No 9 Laurel Street.
Uniting Church building. (HS0127)	Part Lot 29 Section A DP 7734, No 5 Laurel Street.
Dwelling-house. (HS0129)	Lot 40 Section B DP 7734, No 23 Railway Street.
All Saints Anglican Church. (HS 0123)	Lot 1, DP 574137, Comboyne Street.
Kew
Police Station building. (HS0131)	Part Portion 62, No 20 Tathra Road, Parish of Camden Haven.
Royal Hotel. (HS0132)	Lot 1 DP 557965, corner Pacific Highway and Ocean Drive.
Kindee
Kindee Road. (HS0011)	Suspension Bridge over Hastings River.
Mortons Creek
Dwelling-house and graves (Bellangry House). (HS0110)	Lot 137 DP 754406, off Bellangry Road.
Port Macquarie
Hibbard Slipway. (HS0019)	Lot 1 DP 774887, Lot 694 DP 729765 and Lot 699 DP 822635, Boundary Street.
Graves. (HS0016)	Reserve No 82916, Clarence Street.
Brick stormwater drain. (HS0035)	Clarence Street between Hay and Murray Streets.
Former Courthouse building and mature Norfolk Island pine trees. (HS0013)	Lot 675 DP 722652, corner Clarence and Hay Streets.
“Garrison” Building. (HS0014)	Lot 1 DP 630109, No 26 Clarence Street (corner Hay Street).
Hastings District Historical Society Museum building. (HS0015)	Lot 1 DP 744652, No 22 Clarence Street.
Former Pilots boatshed building. (HS0022)	Western end, No 79 Clarence Street.
Historic Cemetery. (HS0003)	Gordon Street.
Part of original Gordon Street bridge abutments. (HS0058)	R 87617, Kooloonbung Creek, north of Gordon Street.
“Lindel Hostel” building. (HS0065)	Lot 2 DP 536032, No 2 Hastings River Drive (corner Gordon Street).
Training walls and breakwalls. (HS0060)	Hastings River entrance.
“Ballina” paddlesteamer wreck. (HS0020)	Off mouth of Hastings River.
“Hamilton House” and Art Society (former school) buildings. (HS0063 and HS0062)	R 93247 and R 97977, No 198 Hastings River Drive.
Former police station, lockup and residence. (HS0068)	Lot 674 DP 722652, Hay Street.
Colonial Chapel of Christ the Healer building. (HS0038)	Lots 1 and 2 Section 7 and Lot 1 Section 7A DP 758852, Hay Street.
Cemetery. (HS0030)	Reserve No 9355, Hibbard Drive.
War Memorial. (HS0061)	Town Green, Reserve No 82306, Horton Street.
Westpac Bank building. (HS0070)	Lot 2 DP 597002, No 35 Horton Street.
Royal Bank building—original street facade. (HS0072)	Lot 10 DP 773026, No 49 Horton Street.
Hayward House building. (HS0002)	Part lot A DP 161382, No 102 Horton Street.
Former single-storey Methodist Church building. (HS0073)	Lot 1 DP 817934, Horton Street.
Convict well. (HS0071)	Lot 1 DP 704798, No 158 Horton (corner Gordon Street).
“Coolenberg” dwelling-house. (HS0069)	Lot 1 DP 616008, No 60 Lake Road, corner Hill Street.
Remains of former Tacking Point lighthouse keeper’s dwelling-house. (HS0055)	Lot 2 DP 22861, Lighthouse Road.
Tacking Point Lighthouse building. (HS0009)	Lot 2 DP 22861, Lighthouse Road.
Well. (HS0008)	Munster Street, adjoining Courthouse, Lot 659 DP 47332.
“Grantham” dwelling-house. (HS0007)	Lot 79 DP 785317, Muston Street.
“Douglas Vale” dwelling-house and grounds. (HS0075)	Lot 12 to 14 DP 794235, Oxley Highway.
Cemetery. (HS0076)	Corner Oxley Highway and Widderson Street.
Obelisk. (HS0005)	Nobby’s Head, R 71183, Pacific Drive.
“The Cross” navigational marker. (HS0082)	Vicinity of Lot 5 DP 263360, Park Street.
Well. (HS0029)	Historic Well Motel, Lots 4, 5 and part 3 Section 63 DP 758852, No 1 Stewart Street (corner Lord Street).
Lake Innes House ruins and environs (including boathouse and corduroy road sites). (HS0006 and HS0074)	Lot 3 DP 801087 and part Lake Innes Nature Reserve, The Ruins Way.
“Haumoana” dwelling-house and picket fence. (HS0041)	Lot 8 Section 23 DP 758853, Waugh Street.
Remnants of stone swale and kerbing. (HS0037)	North side of William Street between Hay and Horton streets.
Pilots Memorial. (HS0077)	Flagstaff Hill, Reserve No 82916, William Street.
Three dwelling-houses. (HS0078, HS0079 and HS0080)	Lot 16 Section 65 DP 758852, Nos 2, 4 & 6 William Street.
Former dwelling-house. (HS0081)	Part Lot 2 Section 8 DP 758852, being land in FP 168127, No 98 William Street.
Royal Hotel. (HS 0039)	Lot 1 DP 607258, Horton Street.
Macquarie Hotel. (HS 0052)	Lot 2 DP 607258, Horton Street.
Ritz Theatre Complex. (HS 0053)	Lot 1 DP 631801 and Lot 2 DP 631810, Horton Street.
Rawdon Island
Pedestrian Suspension Bridge. (HS0145)	Over Caswell Channel to the locality of Hursley.
Former School building and teacher’s dwelling-house. (HS0146)	Lot 30 FP 905648, Rawdon Island Road.
Former Post Office building. (HS0051)	Lots 28, 29, 33, 37 and 38 DP 754446 and part Portion 9, off Rawdon Island Road, Parish of Redbank.
Rollands Plains
Road bridge. (HS0147)	Over Brill Brill Creek, Rollands Plains Road.
Cemetery. (HS0148)	Off Rollands Plains Road.
Rosewood
Crossroads Cemetery. (HS0040)	Adjoining Lot 15 DP 754428, Rosewood Road.
Sancrox
Johnston’s Grave. (HS0150)	Cemetery, Warlters Road.
Telegraph Point
Road bridge over railway line. (HS0153)	Serving in part former butter factory, off Cooperabung Drive.
Former butter factory. (HS0157)	Lot 2 DP 206773, off Cooperabung Drive.
Timber mill. (HS0155)	Lot 1 DP 512380, No 320 Cooperabung Drive.
Cemetery. (HS0154)	Farrawells Road.
Two shops. (HS0042 and HS0043)	Lots 8 and 9 DP 243959, River Street.
St Bernards Roman Catholic Church building. (HS0156)	Lot 2 DP 633081, River Street.
Railway station water tower. (HS0152)	Railway land adjoining River Street.
Railway bridge. (HS0050)	Over Wilson River.
Upper Rollands Plains
Former tin mine. (HS0149)	Bobs Ridge Road, within Kippara State Forest.
Wauchope
Davis Memorial Church building. (HS0085)	Part Portion 4, No 39 Campbell Street, Parish of Koree.
“Lincoln Hall” dwelling-house. (HS0087)	Lot 12 DP 569016, No 20 Guy Street.
Railway Bridge. (HS0089)	Over Hastings River.
Former police dwelling-house. (HS0045)	Part Lot 2, No 41 Young Street (corner Hastings Street).
Uniting Church building (excluding extensions). (HS0091)	Lot 1 DP 797394, No 41 Hastings Street.
“Sheathers Tractor Shop” building. (HS0088)	Part Lots 30 and 31 RP 543, No 87 High Street, corner Beechwood Road.
Former Rawdon Island church building. (HS0095)	Timbertown, Lot 1 DP 259327, High Street.
St Josephs Convent building. (HS0096)	Lot 9, King Street.
Cemetery. (HS0098)	Oxley Highway.
Memorial Gates. (HS0100)	Bain Park, Oxley Lane.
Cheese and butter factory. (HS0047)	Lots 10–16 Section C DP 975586 and part railway land, Randall Street.
Station Masters dwelling-house. (HS0103)	No 59 Randall Street.
Double-sided railway goods shed. (HS0104)	Wallace Street.
Primary School buildings, mature palms and fencing (excluding additions). (HS0105)	Lot 1 DP 795186, Waugh Street.
Yarras
Pedestrian suspension bridge. (HS0026)	Over Hastings River, near Forbes River Road.
Former Oxley Highway route. (HS0027)	Within Parishes of Debenham, Graeme, Hastings and Tobin, being partly within Doyles River State Forest.
Stone pitched embankment. (HS0028)	Vehicular track, Lot 24 DP 754411, Oxley Highway.
Road Bridge. (HS0033)	Over Ralfes Creek, Oxley Highway.

sch 1: Am 31.8.1990. Subst 6.8.1993. Am 12.8.1994; 18.12.1998; 27.10.2000.

Schedule 1A Sites of potential historical archaeological significance

(Clauses 8 (1), 46)

The area bounded by the Pacific Ocean, Hastings River, Kooloonbung Creek, Wrights Creek, Cordon Street, the southern prolongation of Murray Street, Murray Street, Church Street and the eastern prolongation of Church Street to the Pacific Ocean. (HS0056)

sch 1A: Ins 6.8.1993.

Schedule 2

(Clause 12)

Confectionary shop

Delicatessen

Financial institution

Milk bar

Mortuary

Newsagency

Take-away food shop

Veterinary establishment

sch 2: Am 21.4.1989; 31.8.1990; 28.8.1992; 12.8.1994.

Schedule 3 Development standards in respect of rural residential development

(Clause 15)

1 Adequate facilities shall exist on the land for the disposal of sewage and domestic waste and for the supply of water for domestic and fire-fighting purposes.

2 Adequate electricity, telephone and postal services shall be available to the land.

3 The carrying out of the development shall not create a demand for the unreasonable or uneconomic provision or extension of public amenities or public services, whether by the Council or by another public authority.

4 The carrying out of the development shall not generate traffic volumes which are excessive in relation to the engineering standards of roads leading to urban and service centres.

5 The carrying out of the development shall not create or increase ribbon development or adversely affect road safety.

6 The risk of bushfire damage to dwellings and surrounding land shall be minimised.

7 The carrying out of the development shall not detract from the existing rural or scenic character of the locality.

8 Dwellings shall not be erected on land which is, or is likely to be, adversely affected by flooding, soil erosion or landslip.

9 Drainage works carried out on the land shall not have a detrimental impact on adjoining land.

10 Site features of major historical, cultural, scenic or ecological significance shall be retained within the development.

11 Road and access ways within the development site shall be sited and designed to be efficient and practical having regard to anticipated traffic volumes while maintaining a rural character and minimising environmental impact.

12 Development shall be carried out so as to maintain and extend, where possible, the existing amount, diversity and form of native vegetation and natural habitat areas.

13 Development shall not have the effect of significantly reducing the long-term agricultural production potential of the subject or adjoining land, having regard to: (a) the area and quality of the land and its potential agricultural viability, (b) the likely effects, both economic and otherwise, that the proposed subdivision will have on agricultural industries in the area and the resources employed by or in connection with those industries, (c) the cumulative effect of similar proposals if consent is granted as provided for by clause 15, and (d) the likelihood of the land remaining available for efficient agricultural use.

14 The carrying out of the development shall not prejudice future expansion of urban areas in the locality.

15 The carrying out of the development shall not have an adverse effect on sources of extractive material or create or tend to create conflict between the development and existing or potential extractive industry development.

sch 3: Am 12.7.1991.

Schedule 4 Rural residential subdivision—matters for environmental impact report

(Clause 15)

The report shall contain the following:

(a)  a full description of the development proposed by the development application,

(b)  a statement of the objectives of the proposed development, and how it relates to the objectives of the zone,

(c)  a full description of the existing environment likely to be affected by the proposed development, if carried out,

(d)  identification and analysis of the likely environmental interactions between the proposed development and the environment,

(e)  analysis of the likely environmental impact and consequences of carrying out the proposed development,

(f)  justification of the proposed development in terms of environmental, economic and social considerations,

(g)  measures to be taken in conjunction with the proposed development to protect the environment and an assessment of the likely effectiveness of those measures,

(h)  any feasible alternatives to the carrying out of the proposed development and reasons for choosing the latter,

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

(j)  an assessment of the impact on agricultural productivity in the locality in terms of:

(i)  the area and quality of the land and its potential agricultural productivity,

(ii)  the likely effects, both economic and otherwise, that the proposed subdivision will have on agricultural industries in the area and the resources employed by or in connection with those industries,

(iii)  the cumulative effect of similar proposals if consent is granted as provided for clause 15, and

(iv)  the likelihood of the land remaining available for efficient agricultural use.

sch 4: Am 12.7.1991.

Schedule 5 Dwelling-houses permitted upon certain lots

(Clause 18 (4) (g))

Oxley Highway, Port Macquarie

DP 22077—Lots 1 and 4 and part lot 5
DP 22676—Lots 1 to 3 and 6 to 18
DP 22692—Lot 3
DP 24461—Lots 19 to 25
DP 31128—Lots 6, 7 and 10
FP 406807—Lot 1
Land in FP 417065
DP 514628—Lots 1 to 3
DP 523370—Lots 4 and 6
DP 571815—Lots 4 and 5
DP 600988—Lots 2 and 3
DP 616530—Lot 9
DP 629356—Lots 1 and 2
DP 630393—Lot 4

Riverside Drive, Parish of Torrens

DP 215928—Lots 1 to 10, 13 to 19, 22 to 35 and 37
DP 238301—Lots 1 to 9, 11 to 16, 18 to 26, 28 to 36, 38 to 62 and 64 to 71
DP 251919—Lot 6
DP 251920—Lots 1 to 13
DP 552384—Lots 1 to 3
DP 583466—Lot 1
DP 606017—Lot 1

Locality of North Shore Drive, Parish of Torrens

RP 98649—Lot 1
DP 217022—Lots 2 to 13, 15 to 27, 29 to 38, 40, 42 to 44, 46 and 48
DP 238782—Lots 1 to 68
DP 244317—Lots 89 to 125
DP 247188—Lots 72 to 88
DP 562420—Lot 1
DP 613259—Lots 2 and 3
DP 635703—Lot 1

Corilla Estate, Parish of Torrens

DP 221558—Lots 1 to 26

Rossglen, Parish of Johns River

DP 103619—Lot A
DP 103620—Lot B
DP 514948—Lot 1
DP 754418—Lots 177, 178, 192–198, 200, 202, 203, 206 and 225

sch 5: Am 5.2.1988. Subst 31.8.1990. Am 8.5.1992; 16.7.1993.

Schedule 6 Considerations for multiple occupancy

(Clauses 29 and 29AA)

1 The availability and standard of public road access to the land.

2 The availability of a water supply to the land for domestic, agricultural and fire fighting purposes.

3 Whether the land is subject to bushfires, flooding or slip and, if so, the adequacy of any measures proposed to protect buildings from any such hazard.

4 Whether adequate provision has been made for waste disposal from the land.

5 The availability of community facilities and services to meet the needs of the occupants of the land.

6 The vegetation cover of the land and the need to conserve vegetation cover in order to minimise erosion.

7 The visual impact of the proposed development on the landscape.

8 The area or areas proposed for erection of buildings.

9 The area or areas proposed for common use (other than for residential accommodation).

10 Whether the land has been identified by the Council as being required for future urban or rural residential expansion.

11 Whether the development would benefit an existing village centre suffering from a declining population base and an increasing use of the services provided in that centre.

12 The need for any proposed development for common use that is ancillary to the use of the land.

13 The effect of the proposed development on the quality of the water resources in the vicinity.

14 The effect of the proposed development on the present and potential agricultural use of the land and of lands in the vicinity.

sch 6: Am 2005 No 64, Sch 2.20 [7].

Schedule 7 Development for certain additional purposes

(Clause 49)

Lot 5 in DP 419242 and lot 3 in DP 608162, Telegraph Point—dwelling-house for occupation by service station manager.

So much of land off Boundary Street, Port Macquarie, as is within Zone No 5 (a) zoned “Special uses—Airport”—manufacture of aircraft and related industries.

Lot 1 in DP 527052, corner Oxley Highway and Sherwood Road, Port Macquarie—warehouse, subject to landscape screening of external storage areas.

So much of lot 2 in DP 618156, Livingstone Road, Port Macquarie, as is within Zone No 1 (a1)—subdivision in conjunction with adjoining land within Zone No 2 (a1), subject to:

(a)  consent being obtained for the removal of any trees, and

(b)  no dwelling-houses being erected upon the land within Zone No 1 (a1).

Lake Innes Nature Reserve—roads and utility installations.

Lot 10 and Part Lot 16 in DP 244977, Oakes Crescent, Parish of Macquarie as shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 9)” deposited in the office of the Council—small ship building factory.

So much of lot 201 in DP 710567, lot 2 in DP 702009, lot 1 in DP 619797, lot 1 in DP 539307, and parts of Settlement Point Road enclosed by the above lots, Settlement Point Road, Port Macquarie, as is within Zone No 2 (a1)—commercial premises, service stations and shops, subject to such development forming part of an integrated development for a purpose or purposes otherwise permitted in the zone.

Part lot 1, Section 8, Town of Port Macquarie, known as No 94 William Street—commercial premises.

Lot 4 in DP 511722, known as No 10 Hayward Street, Port Macquarie—commercial premises, subject to:

(a)  the provision of an additional 8 carparking spaces for use by the existing development on, and to allow the future development of, lot 2 in DP 511722 and lots 4 and 5 in DP 580075,

(b)  the particular commercial premises being appropriate having regard to the residential amenity of the street, (particularly the demand for kerbside parking and traffic generation), and

(c)  the design of the building having regard to the streetscape and the Church Hill historical precinct, and

(d)  consent being granted within 2 years from the date of gazettal of Hastings Local Environmental Plan No 63.

Lot 1 in DP 740316, being land in Hastings River Drive on the corner of Mumford Street, Port Macquarie—car repair station and motor showroom, subject to consent being granted within 2 years from the date of gazettal of Hastings Local Environmental Plan No 61.

Lot 2 in DP 33630, known as No 4 Hayward Street, Port Macquarie—commercial premises, subject to:

(a)  retention of the existing building in its existing form and style, and

(b)  if additions are proposed, design of those additions so as to conform with the existing form and style of the building.

Part Lot 7 in DP 237747 (being that part located in the north eastern corner with frontage and depth of approximately 100 metres and 75 metres, respectively) Hastings River Drive, Port Macquarie—motor showroom, subject to consent being granted within 2 years from the date of gazettal of Hastings Local Environmental Plan 1987 (Amendment No 10).

R 82305 for boatshed, Clarence Street, Port Macquarie—museum.

Lots 51, 53 and 54, DP 776844 and Lot 3, DP 236807, corner Pacific Highway and Oxley Highway, Port Macquarie—truck sales and truck repair facility, but only in conjunction with a tourist facility comprising a service station and refreshment room.

Lot 1 in DP 798068, known as No 8 Hayward Street, Port Macquarie—commercial premises, subject to:

(a)  retention of the existing building in its existing form and style, and

(b)  if additions are proposed, design of those additions so as to conform with the existing form and style of the building.

Land enclosed by roads on the northern side of the intersection of Clarence Street and Horton Street, Port Macquarie, as shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 17)”—tourist bureau.

That part of lot 57 in DP 810898, Livingstone Road, Port Macquarie, within Zone No 7 (d)—subdivision to create 3 lots and erection of a dwelling-house upon each of these lots.

Lots 5 and 14 in DP 732141, Lots 21, 22, 23 and 24 in DP 805587 and Lot 6 in DP 595256, Lot A and B in DP 375242, Lot B in DP 359509 and Lots A and C in DP 355601, between Gordon and Ackroyd Streets, Port Macquarie—shops, subject to:

(a)  a maximum floor space ratio of 0.35:1, and

(b)  consent being granted within 2 years from the date of gazettal of Hastings Local Environmental Plan 1987 (Amendment No 27).

Lot 39 in DP 813657 and lot 9 and so much as is within Zone No 2 (a1) of lot 8 in DP 238029, Ocean Drive, Port Macquarie, excluding the proposed arterial road—commercial premises, subject to:

(a)  consent being granted within 2 years from the commencement of Hastings Local Environmental Plan 1987 (Amendment No 23),

(b)  the Council being satisfied that the scale and nature of the particular commercial premises will not adversely affect the amenity of the surrounding area,

(c)  the particular commercial premises involving only negligible use of the site by the general public,

(d)  the particular commercial premises and access to such premises being compatible with the safe flow of traffic along the proposed arterial road, and

(e)  the particular commercial premises not generating a demand for an increased road usage capability beyond that appropriate for the local road network in that locality.

So much of Lot 4 in DP 557540 and Lot 21 in DP 559067, Hastings River Drive, Port Macquarie as is within Zone No 2 (a1)—motor showrooms, service stations, retailing and hire of bulky goods (as defined in clause 38 (2)) and workshops (used in conjunction with bulky goods retailing of automotive products).

Lots 1 to 4 in DP 803864, Hastings River Drive, Port Macquarie—motor showrooms, service stations, retailing and hire of bulky goods (as defined in clause 38 (2)) and workshops (used in conjunction with bulky goods retailing of automotive products).

Lots 7 and 9 DP 828059, Tall Timber Road, Parish of Burrawan—subdivision to create 14 lots of 1.5ha minimum average size and 1 residue lot which, for the purpose of erection of a dwelling-house on each lot created, is considered to be a subdivision consented to in accordance with clause 15.

Part Lot 6, DP 739270 and part Lots 337 and 319, DP 754434, Ocean Drive, Port Macquarie, as shown edged heavy black on the map marked “Hastings Local Environmental Plan No 58”—manufactured home estate, within the meaning of State Environmental Planning Policy No 36—Manufactured Home Estates.

Lot 5, DP 844173, Forest Way, Wauchope, Lot 1, DP 577579 and part land in Conveyance No 368 Book 2489, High Street, Wauchope and Lot 1, DP 37581, Range Street, Wauchope, as shown heavy black on Sheets 1 and 2 of the map marked “Hastings Local Environmental Plan 1987 (Amendment No 59)”—cluster housing.

Lot 1 DP 259327 and Timbertown Museum Reserve R90699, Oxley Highway, Parish of Koree—tourist facility.

Lot 8 in DP 805588, Hastings River Drive, Port Macquarie—display and sale of prefabricated domestic buildings, subject to:

(a)  the display being within a landscaped setting, and

(b)  the provisions of clause 20B being satisfied, and

(c)  consent being granted within 2 years from the date of gazettal of Hastings Local Environmental Plan 1987 (Amendment No 55).

Lot 2, DP 262236, 4 Highfields Circuit, Port Macquarie—cluster housing.

Land generally on the southern side of Buller Street and in the vicinity of Hollingworth Street, Port Macquarie, as shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 76)”—commercial premises.

So much of Lot 2, DP 244850, Lincoln Road, Port Macquarie as is within Zone No 1 (a1)—development for the purpose of a manufactured home estate if the land is filled to or above the 1:100 year flood level, subject to consent being granted as if clause 20A applied to the land.

Lot 22, DP 852214, Wrights Road, Port Macquarie—the provision of laundry services to hospitals and aged care facilities, such aged care facilities comprising nursing homes and hostels.

Lot 1, DP 262236, Wrights Road, Port Macquarie—residential flat buildings in conjunction with medical centre.

Part Lot 2, DP 826003, Hastings River Drive, Port Macquarie, as shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 89)—commercial premises.

Lot 54, DP 833573, Jindalee Road, Port Macquarie—barber/hairdressing shop.

Lot 1, DP 826003, being land on the corner of Hastings River Drive and Newport Island Road—commercial premises and shops, subject to such development forming part of an integrated development for a purpose or purposes otherwise permitted in the zone.

Lot B DP 380244, No 85 William Street, Port Macquarie—commercial premises.

Lot 4, DP 262236, No 1 Highfields Circuit, Port Macquarie—medical centre.

Lot l, DP 262236, No 2 Highfields Circuit, Port Macquarie—medical centre.

Lot 5, DP 262236, No 3 Highfields Circuit, Port Macquarie—medical centre.

Lots 58 and 59, DP 754417, off the Oxley Highway, Yarras—subdivision under the Community Land Development Act 1989 so as to create allotments of less than the minimum lot size for the zone only if the Council is satisfied that the allotments to be created are intended to be used for the purpose of a rural tourist facility and occupancy of the facility will be limited to a maximum of twelve weeks at a time.

Lot 2 DP 812017, Waugh Street, Port Macquarie—commercial premises.

So much of land on Fernbank Creek Road, Port Macquarie, as shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 98)”—land-based oyster processing operations.

Lot 2, SP 19929, 10 Jindalee Road, Port Macquarie—medical centre.

Lot 5, DP 775534, Rawdon Island Road, Rawdon Island—subdivision under the Community Land Development Act 1989 so as to create allotments of less than the minimum lot size applicable to the zone in which the land is situated, subject to the Council being satisfied that:

(a)  the allotments to be created are intended to be used for the purpose of a rural tourist facility, and

(b)  occupancy of the facility by any one person will be limited to a maximum of 12 weeks (whether consecutive or not) in any calendar year.

sch 7: Am 5.2.1988; 2.2.1990; 31.8.1990; 14.12.1990; 2.8.1991; 4.10.1991; 29.11.1991; 31.7.1992; 28.8.1992; 25.9.1992; 23.12.1994; 29.9.1995; 9.2.1996; 22.3.1996; 7.3.1997; 27.6.1997; 5.9.1997; 22.5.1998; 22.1.1999; 12.2.1999; 19.2.1999; 13.8.1999; 26.11.1999; 11.2.2000; 25.2.2000; 9.6.2000; 20.10.2000; 16.3.2001.

Schedule 8 Classification and reclassification of public land as operational

(Clause 54)

Port Macquarie
Grant Street	That part of Lot 1 in DP 738219, shown as being within Zone No 2 (a1) on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 40)”.
Hay Street	Part Lot 1 in DP 84043, Lots 1–3 in DP 356480 and Lot 1 in DP 564630, as shown within heavy black edging on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 37)”.
Jindalee Road	Lot 35 in DP 263642, corner of Jindalee and Bolwarra Roads, Port Macquarie, as shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 50)”.
Mermaid Crescent	Lot 419, DP 229839, as shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 75)”.
Murray Street	Lot A in DP 372249 and Lot A in DP 380293, as shown within heavy black edging on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 37)”.
Ocean Drive	Lots 100 and 101, DP 879513 and Lot 1, DP 586089, as shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 95)”.
Queen Street	Lot 33, DP 38312, as shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 75)”.
The Spinnaker	Lot 219, DP 216093, corner of Clifton Drive, as shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 75)”.
Riverside
Riverside Drive	Part Lot 12 in DP 215928, as shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 61)”.
Riverside Drive	Lot 17 in DP 238301, as shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 62)”.
Wauchope
Fox Crescent	Lot 22 in DP 214340, as shown within heavy black edging on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 67)”.

sch 8: Ins 5.8.1988. Rep 2.2.1990. Ins 22.4.1994. Am 26.8.1994; 19.5.1995; 13.9.1996; 14.2.1997; 9.1.1998; 18.6.1999.

Schedule 9 Contaminated land and potentially contaminated land

(Clause 56)

Port Macquarie

Lot 3 DP 788598, Oxley Highway and The Ruins Way,—subject to:

(a)  site survey to locate:

(i)  effluent ponds (extent of water surface when full),

(ii)  sullage and waste tanks,

(iii)  drainage lines from ponds and tanks,

(iv)  skin drying sheds,

(v)  significant building works where removal will require restoration of the ground, and

(vi)  any liquid or solid waste storage and disposal sites in addition to the effluent ponds,

(b)  removal of the gravel surface within the skin drying shed,

(c)  rehabilitation of the treatment ponds for the former abattoir effluent disposal (including drainage of ponds), removal of any unsuitable solids and liquids and filling with compacted material, and

(d)  a sampling programme, based on the relevant Environment Protection Authority technical guidelines, to allow, subject to the test results, clearance of the land for residential purposes.

Land in the vicinity of The Binnacle, Port Macquarie, and shown edged heavy black and coloured light scarlet on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 71)”—subject to:

(a)  consideration of a management plan in relation to the areas of the site the subject of land filling in the past, and

(b)  except where the consent is being granted for the carrying out of those works, rehabilitation works having been implemented to the satisfaction of the Council.

Wauchope

Lot 11, DP 828300, corner of Blackbutt Drive and Oxley Highway.

Lot 11 DP 816352 and Lot 14 DP 816352, Duncan Street.

Lots X, Y and Z DP 405918, Lots 3 and 4 DP 205451 and Lot 6 DP 861376, Oxley Highway.

sch 9: Ins 7.3.1997. Am 7.3.1997; 25.2.2000.