Table Of Contents

Port Stephens Local Environmental Plan 2000

Part 1 General provisions
1   Name of plan
The name of this plan is Port Stephens Local Environmental Plan 2000.
2   Aims, objectives etc
(1)  This plan aims to:
(a)  provide for appropriate planning and environmental control over the use and development of land within the area of Port Stephens, in order to uphold and promote the objectives of the Environmental Planning and Assessment Act 1979, and
(b)  provide an updated and simplified plan for the area of Port Stephens, and
(c)  achieve the objectives of each zone referred to in clause 10, and
(d)  promote community involvement and participation in environmental planning and development assessment, and
(e)  ensure that existing and future residents enjoy a range of attractive living environments, have safe and secure communities and have access to a wide range of services and amenities, and
(f)  allow flexibility in the planning framework so as to encourage orderly, economic and equitable development while safeguarding the community’s interests, and
(g)  ensure that development has regard to the principles of ecologically sustainable development.
(2)  For the purposes of subsection (1) (g), ecologically sustainable development requires the effective integration of economic and environmental considerations in decision-making processes. The principles of ecologically sustainable development are as follows:
(a)  the precautionary principle—namely, that if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation,
(b)  inter-generational equity—namely, that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations,
(c)  conservation of biological diversity and ecological integrity,
(d)  improved valuation and pricing of environmental resources.
3   Principles of plan
The principles that the consent authority will follow to achieve the aims and objectives of this plan are the following:
(a)  recognition of the responsibilities of this generation to future generations in relation to environmental quality and resource usage, which require respect for the limits of natural and physical resources,
(b)  involvement of the community in the planning process by ensuring openness, accountability and transparency in the decision-making process,
(c)  a consistent and proper regard for all the provisions of the plan (in particular, when considering development applications),
(d)  application of the provisions of the plan so that the objectives of each zone can be achieved in practice, and to provide certainty for applicants for development consents, investors, residents and the public,
(e)  the making of provisions in development control plans and the imposition of conditions on development consents so as to further the aims and objectives of this plan, including provisions limiting the range of uses or scale of development on the land to which it applies.
4   Land to which plan applies
This plan applies to the whole of the land within the Port Stephens local government area shown on the map and with boundaries as indicated on the map.
5   Relationship to other environmental planning instruments
This plan repeals Port Stephens Local Environmental Plan 1987.
6   Definitions
(1)  The terms used in this plan which are defined in the dictionary at the end of this plan have the meanings set out in the dictionary.
(2)  Except as otherwise provided by this plan, a reference in this plan to a map is a reference to a map kept in the office of the Council.
(3)  Notes included in this plan do not form part of this plan.
cl 6: Am 2010 No 59, Sch 2.74.
7   Consent authority
The Council is the consent authority for the purposes of this plan, subject to the Act.
8   Relationship of this plan to other agreements, covenants and instruments
(1)  If any agreement, covenant or instrument prohibits a use permitted by this plan, then it shall not apply to that use (to the extent necessary to permit that use).
(2)  Nothing in subclause (1) affects the rights or interests under any registered instrument in favour of the Council or any other public authority.
(3)  Before this plan was made, the Governor approved of subclauses (1) and (2) under section 28 of the Act.
Part 2 General restrictions on development of land
Division 1 General
9   Zones indicated on the map
Land is within a zone for the purposes of this plan if it is shown on the map as being within the zone.
10   Zone objectives and development control table
(1)  Each zone is described in the following development control tables, indicating the zone objectives, what development is permissible (with or without consent), and what development is prohibited.
(2)  The consent authority must not grant consent for development of land to which this plan applies unless it is satisfied that the proposed development is consistent with the objectives of the zone in which it is intended to be carried out.
(3)  The consent authority may decline to grant consent for development until after it has considered an environmental management plan, if the proposed development is likely to result in increased stormwater run-off, erosion or sedimentation or other significant pollution within the Williams River catchment.
(4)  Except as otherwise provided by this plan, the consent authority must not grant consent to the carrying out of development on land within the Williams River catchment unless the consent authority is of the opinion that the carrying out of the development will not have a significant adverse effect on water quality in the Williams River.
(5)  The consent authority, when determining a development application for a site area consisting of land in the Williams River catchment, must consider:
(a)  the aims and objectives of Williams River Catchment Regional Environmental Plan 1997, as set out in clause 3 of that plan, and
(b)  the Williams River Catchment Regional Planning Strategy.
(6)  In this clause:
environmental management plan means a plan addressing potential environmental aspects of proposed development (to the extent relevant, in the opinion of the consent authority, to the particular proposal), including management of potential vegetation, erosion and sedimentation impacts and assessment of land and water capability (adopting a total water cycle management approach to water use and wastewater management).
Williams River Catchment Regional Planning Strategy means the Regional Planning Strategy of the Department of Urban Affairs and Planning for the Williams River catchment (kept in the Newcastle office of the Department of Urban Affairs and Planning, and copies of which are kept in the offices of Dungog Shire Council and Port Stephens Council).
Division 2 Rural zones
11   Rural zonings
The following rural zones apply as shown on the map:
Zone No 1 (a) (Rural Agriculture “A” Zone)—lettered 1 (a) on the map.
Zone No 1 (c1) (Rural Small Holdings “C1” Zone)—lettered 1 (c1) on the map.
Zone No 1 (c2) (Rural Small Holdings “C2” Zone)—lettered 1 (c2) on the map.
Zone No 1 (c3) (Rural Small Holdings “C3” Zone)—lettered 1 (c3) on the map.
Zone No 1 (c4) (Rural Small Holdings “C4” Zone)—lettered 1 (c4) on the map.
Zone No 1 (c5) (Rural Small Holdings “C5” Zone)—lettered 1 (c5) on the map.
Development control table
Zone No 1 (a)—Rural Agriculture “A” Zone
(1)   Description of the zone
The Rural Agriculture “A” Zone identifies land which is of agricultural value and land which has not been set aside for rural residential development.
(2)   Objectives of the zone
The objective of the Rural Agriculture “A” Zone is to maintain the rural character of the area and to promote the efficient and sustainable utilisation of rural land and resources by:
(a)  regulating the development of rural land for purposes other than agriculture by ensuring that development is compatible with rural land uses and does not adversely affect the environment or the amenity of the locality, and
(b)  ensuring development will not have a detrimental effect on established agricultural operations or rural activities in the locality, and
(c)  preventing the fragmentation of grazing or prime agricultural lands, protecting the agricultural potential of rural land not identified for alternative land use, and minimising the cost to the community of:
(i)  fragmented and isolated development of rural land, and
(ii)  providing, extending and maintaining public amenities and services, and
(d)  protecting or conserving (or both protecting and conserving):
(i)  soil stability by controlling development in accordance with land capability, and
(ii)  trees and other vegetation in environmentally sensitive localities where the conservation of the vegetation is likely to reduce land degradation or biodiversity, and
(iii)  water resources, water quality and wetland areas, and their catchments and buffer areas, and
(iv)  land affected by acid sulphate soils by controlling development of that land likely to affect drainage or lower the water table or cause soil disturbance, and
(v)  valuable deposits of minerals and extractive materials by restricting development that would compromise the efficient extraction of those deposits, and
(e)  reducing the incidence of loss of life and damage to property and the environment in localities subject to flooding and to enable uses and developments consistent with floodplain management practices.
(3)   Development allowed without development consent
Development for the purpose of:
•  agriculture,
•  flood mitigation works authorised by the Hunter Valley Flood Mitigation Act 1956.
Exempt development.
(4)   Development allowed only with development consent
Subdivision permitted by clause 12.
Any other development not included in Item 3 or 5.
(5)   Development which is prohibited
Development for the purpose of:
•  boarding-houses,
•  brothels,
•  bulky goods salesrooms or showrooms,
•  bus stations,
•  commercial premises,
•  depots,
•  hazardous industries,
•  hazardous storage establishments,
•  industries,
•  liquid fuel depots,
•  material recycling facilities,
•  medical centres,
•  mortuaries,
•  motor showrooms,
•  offensive industries,
•  offensive storage establishments,
•  places of assembly,
•  restricted premises,
•  road transport terminals,
•  service stations,
•  shops,
•  urban housing,
•  warehouses.
Subdivision other than subdivision permitted by clause 12.
Zones Nos 1 (c1), 1 (c2), 1 (c3), 1 (c4), 1 (c5)—Rural Small Holdings
(1)   Description of the zones
The Rural Small Holdings Zones comprise land identified as being suitable for rural residential development and that is in proximity to a service centre.
(2)   Objectives of the zones
The objectives of the Rural Small Holdings Zones are:
(a)  to identify land suitable for low density residential development with a rural character, and
(b)  to permit certain non-residential land uses which will not adversely affect residential amenity or rural character, and
(c)  to control the intensity of rural residential development having regard to the physical limitations of the land and the costs and limitations of the provision of public amenities and services.
(3)   Development allowed without development consent
Development for the purpose of:
•  agriculture.
Exempt development.
(4)   Development allowed only with development consent
Development for the purpose of:
•  advertisements,
•  animal establishments,
•  aquaculture,
•  bed and breakfast establishments,
•  bushfire hazard reduction,
•  child care centres,
•  clearing native vegetation,
•  community facilities,
•  dams,
•  dual occupancy housing,
•  dwelling-houses,
•  earthworks,
•  educational establishments,
•  exhibition homes,
•  health consulting rooms,
•  home employment,
•  intensive agriculture,
•  places of public worship,
•  recreation areas,
•  roadside stalls,
•  rural industries,
•  telecommunications facilities,
•  utility installations,
•  veterinary hospitals.
Subdivision permitted by clause 12.
(5)   Development which is prohibited
Any development not included in Item 3 or 4.
cl 11, table: Am 31.8.2001; 15.8.2003; 5.9.2003; 2010 (6), Sch 1 [1].
12   Subdivision within rural zones generally
(1)  A person must not subdivide land within any rural zone except:
(a)  for any of the following purposes:
(i)  the opening or widening of a public road,
(ii)  to change a common boundary with an adjoining allotment, but not so as to create additional allotments,
(iii)  consolidation of allotments,
(iv)  rectification of any encroachment on any existing allotments,
(v)  the creation of allotments corresponding to the parts into which a single allotment is divided by a public road, or
(b)  for the purpose of the creation of an allotment or allotments intended to be used for any one or more of the purposes (excluding dwelling-houses or dual occupancy housing) for which it may be used with or without the consent of the consent authority, or
(c)  in the case of land within a Rural Small Holdings zone—as permitted by clause 13.
(2)  Subdivision of land for a purpose specified in subclause (1) (a) does not have the effect of precluding development of the land for any purpose for which it might have been developed immediately prior to the subdivision (except in so far as the land has been taken for a road as referred to in subclause (1) (a)).
cl 12: Am 7.6.2002; 2010 (6), Sch 1 [2].
13   Minimum allotment sizes for the subdivision of rural land within rural small holding zones
(1)  The consent authority may grant consent to the subdivision of land in a rural small holdings zone only where the allotments to be created will have the following minimum areas:
(a)  on land zoned 1 (c1)—20 hectares
(b)  on land zoned 1 (c2)—2 hectares
(c)  on land zoned 1 (c3)—1 hectare
(d)  on land zoned 1 (c4)—4,000 square metres
(e)  on land zoned 1 (c5)—2,000 square metres
(2)  The consent authority shall not grant consent to a subdivision referred to in subclause (1) unless it is satisfied that:
(a)  each allotment to be created will include land suitable for the erection of a dwelling-house, and
(b)  each of the allotments to be created has adequate site area and site access facilities which are not subject to the 1% Annual Excedence Probability flood, and
(c)  the subdivision will not result in the pollution of water supply catchment areas, and
(d)  consideration has been given to the likely impact of the subdivision on the agricultural sustainability and agricultural possibilities of the land to be subdivided and other land in the immediate locality, and
(e)  the land proposed for subdivision is not subject to high bushfire hazard, and
(f)  the subdivision will not impact adversely on threatened flora and fauna, and
(g)  each parcel of land to be created has an area of land, suitable for the erection of a dwelling-house, not affected by slopes greater than 30%, and
(h)  the subdivision will occur in an orderly and efficient manner so that the allotments created are provided with services and infrastructure including water supply, effluent disposal, vehicular access, electricity supply, community facilities and the like, at a level appropriate to the needs of the allotments.
cl 13: Am 2006 (121), Sch 1 [1].
14   Dwelling-houses and dual occupancy housing in rural zones
(1)  This clause applies to land within any rural zone.
(2)  The consent authority shall not consent to the erection of a dwelling-house or dual occupancy housing on an allotment of land to which this clause applies if:
(a)  in the case of land within Zone No 1 (a)—the allotment has an area of less than 4,000 square metres, or
(b)  in the case of land within Zone No 1 (c1), 1 (c2), 1 (c3) or 1 (c4)—the allotment has an area of less than 3,500 square metres, or
(c)  in the case of land within Zone No 1 (c5)—the allotment has an area of less than 2,000 square metres, or
(d)  in any case:
(i)  if the allotment was created before the appointed day—the consent authority is of the opinion that the allotment was intended to be used for any one or more of the purposes (other than the purpose of a dwelling-house or dual occupancy housing) for which it could have been used (with or without the consent of the consent authority) under the environmental planning instrument under which it was created, or
(ii)  if the allotment was created on or after the appointed day—the allotment was intended to be used for any one or more of the purposes (other than the purpose of a dwelling-house or dual occupancy housing) for which it may be used (with or without the consent of the consent authority) under this plan.
(3)  Despite subclause (2), the consent authority may consent to the erection of a dwelling-house or dual occupancy housing on any one or more of the allotments created to correspond to the parts into which a single allotment is (or was) divided by a public road.
(4)  However, the consent authority shall not consent to the erection of dual occupancy housing on land to which this clause applies unless the consent authority is satisfied that:
(a)  the two dwellings are clustered giving the appearance of being an integrated development, and
(b)  the two dwellings have shared infrastructure such as common driveway access, fire breaks and services, and
(c)  any rural buildings are clustered, and
(d)  any clearing necessary for the dwellings is minimised.
(5)  The consent authority shall not consent to the carrying out of development involving the erection of more than one dwelling-house on an allotment of land to which this clause applies unless the development is for the purpose of dual occupancy housing.
(6)  The subdivision of any dual occupancy housing shall not be permitted unless the subdivision may be carried out in accordance with the provisions of clause 13.
(7)  For the purposes of subclause (4) (d), clearing means any manner of destruction or removal of a tree, shrub or plant (otherwise than as exempted by the Council’s adopted tree preservation order) and includes the severing or lopping of branches, limbs, stems or trunks of a tree, shrub or plant.
cl 14: Am 2010 (6), Sch 1 [3] [4].
14A   Hotels and restaurants in Zone No 1 (a)
(1)  This clause applies to land within Zone No 1 (a).
(2)  Despite any other provision of this plan, the consent authority must not consent to development of any land to which this clause applies for the purpose of a hotel or restaurant unless the development is in conjunction with a tourist facility.
cl 14A: Ins 5.9.2003.
14B   Development in Zone No 1 (c3) in Hinton
(1)  This clause applies to all land within Zone No 1 (c3) in the village of Hinton.
(2)  Despite any other provision of this plan, the consent authority may consent to the erection of one but not more than one dwelling on a lot of land to which this clause applies:
(a)  that is less than 3,500 square metres in area, and
(b)  that was created by a subdivision for which development consent was granted before the commencement of Port Stephens Local Environmental Plan 2000 (Amendment No 20).
cl 14B: Ins 2005 (874), Sch 1 [1].
15   Advertisements in Rural Zones Nos 1 (a), 1 (c1), 1 (c2), 1 (c3), 1 (c4) and 1 (c5)
A person a shall not display an advertisement on land within a rural zone other than an advertisement that relates to development on that land, or to premises situated on that land.
Division 3 Residential zones
16   Residential zonings
The following residential zones apply as shown on the map:
Zone No 2 (a) (Residential “A” Zone)—lettered 2 (a) on the map.
Zone No 2 (c) (Residential “C” Zone)—lettered 2 (c) on the map.
Development control table
Zone No 2 (a)—Residential “A” Zone
(1)   Description of the zone
The Residential “A” Zone is characterised by one and two storey dwelling-houses and dual occupancy housing. Townhouses, flats and units up to two storeys may occur throughout the zone. Dwellings may also be erected on small lots in specially designed subdivisions. Small-scale commercial activities compatible with a residential neighbourhood and a variety of community uses may also be present in this zone.
(2)   Objectives of the zone
The objectives of the Residential “A” Zone are:
(a)  to encourage a range of residential development providing for a variety of housing types and designs, densities and associated land uses, with adequate levels of privacy, solar access, open space, visual amenity and services, and
(b)  to ensure that infill development has regard to the character of the area in which it is proposed and does not have an unacceptable effect on adjoining land by way of shading, invasion of privacy, noise and the like, and
(c)  to provide for non-residential uses that are compatible with the area and service local residents, and
(d)  to facilitate an ecologically sustainable approach to residential development by minimising fossil fuel use, protecting environmental assets and providing for a more efficient use of existing infrastructure and services, and
(e)  to ensure that the design of residential areas takes into account environmental constraints including soil erosion, flooding and bushfire risk.
(3)   Development allowed without development consent
Exempt development.
(4)   Development allowed only with development consent
Any development not included in Item 3 or 5.
(5)   Development which is prohibited
Development for the purpose of:
•  abattoirs,
•  airports,
•  animal establishments,
•  aquaculture,
•  brothels,
•  bulky goods salesrooms or showrooms,
•  bus stations,
•  camp or caravan sites,
•  clubs,
•  commercial premises,
•  depots,
•  dual occupancy housing within the Hill Tops precinct of the Nelson Bay (West) Area,
•  extractive industries,
•  forestry,
•  hazardous industries,
•  hazardous storage establishments,
•  helicopter landing sites,
•  heliports,
•  hotels,
•  industries,
•  institutions,
•  intensive agricultural pursuits,
•  intensive agriculture,
•  intensive animal husbandry,
•  liquid fuel depots,
•  marinas,
•  material recycling facilities,
•  medical centres,
•  mineral sand mines,
•  mines,
•  mortuaries,
•  motor showrooms,
•  offensive industries,
•  offensive storage establishments,
•  places of assembly,
•  race tracks,
•  restaurants,
•  restricted premises,
•  retail plant nurseries,
•  roadside stalls,
•  rural industries,
•  service stations,
•  shops,
•  telecommunications facilities,
•  tourist facilities,
•  urban housing within the Hill Tops precinct of the Nelson Bay (West) Area,
•  veterinary hospitals,
•  warehouses.
Zone No 2 (c)—Residential “C” Zone
(1)   Description of the zone
In addition to dwelling-houses and dual occupancy housing, the Residential “C” Zone is characterised by higher density residential development and tourist accommodation. The zone is generally convenient to commercial centres, and may contain some small-scale commercial activities.
(2)   Objectives of the zone
The objectives of the Residential “C” Zone are:
(a)  to promote the principles of urban consolidation by providing residential areas which meet the diverse needs of the community with a wide choice in housing and associated public and commercial uses, and
(b)  to facilitate an ecologically sustainable approach to residential development by minimising fossil fuel use, protecting environmental assets and providing for higher densities and a more efficient use of existing infrastructure and services, and
(c)  to ensure that new development in the zone has regard to the character of the area in which it is proposed and does not have an unacceptable effect on adjoining land by way of shading, invasion of privacy, noise and the like, and
(d)  to ensure that design of residential areas takes into account environmental constraints including soil erosion, flooding and bushfire risk, and
(e)  to provide for non-residential uses that are compatible with the area and service local residents.
(3)   Development allowed without development consent
Exempt development.
(4)   Development allowed only with development consent
Any development not included in Item 3 or 5.
(5)   Development which is prohibited
Development for the purpose of:
•  abattoirs,
•  airports,
•  animal establishments,
•  brothels,
•  bulky goods salesrooms or showrooms,
•  bus stations,
•  camp or caravan sites,
•  clubs,
•  commercial premises,
•  depots,
•  extractive industries,
•  hazardous industries,
•  hazardous storage establishments,
•  helicopter landing sites,
•  heliports,
•  hotels,
•  industries,
•  institutions,
•  intensive agricultural pursuits,
•  intensive agriculture,
•  intensive animal husbandry,
•  liquid fuel depots,
•  marinas,
•  material recycling facilities,
•  mineral sand mines,
•  mines,
•  mortuaries,
•  motor showrooms,
•  offensive industries,
•  offensive storage establishments,
•  race tracks,
•  restricted premises,
•  retail plant nurseries,
•  road transport terminals,
•  roadside stalls,
•  rural industries,
•  service stations,
•  shops,
•  telecommunications facilities,
•  veterinary hospitals,
•  warehouses.
cl 16, table: Am 15.8.2003; 5.9.2003; 8.4.2004.
17   Subdivision in residential zones
(1)  A person shall not subdivide land in a residential zone except with the consent of the consent authority.
(2)  Consent for the subdivision of land (other than land to which subclause (3) applies) to create an allotment with an area of less than 500m2 that is, in the opinion of the consent authority, intended to be used for the purpose of residential housing is to be granted only if consent has been granted, or is granted at the same time, for the erection of a dwelling on that allotment.
(3)  Consent for the subdivision of land in the Hill Tops precinct of the Nelson Bay (West) Area to create an allotment with an area of less than 600m2 that is, in the opinion of the consent authority, intended to be used for the purpose of residential housing, is to be granted only if consent has been granted for the erection of a dwelling on that allotment.
cl 17: Am 2006 (121), Sch 1 [2].
18   Development in the residential zone in Seaham
(1)  Despite any other provision of this plan, the consent authority may grant consent for a subdivision of land within Zone No 2 (a) located within the township of Seaham and the Williams River catchment that will create an allotment the consent authority is satisfied will be used for the purpose of erecting a dwelling only if arrangements the consent authority considers adequate have been made for the land to be connected to reticulated water and sewerage services.
(2)  Despite the other provisions of this plan, the consent authority must not consent to development for the purpose of two or more dwellings (whether attached or detached) on a single allotment of land within Zone No 2 (a) located within the township of Seaham and the Williams River catchment unless arrangements have been made for the land to be connected to reticulated water and sewerage services.
19   Dwelling-houses, dual occupancy housing and urban housing
(1)  Consent must not be granted to the erection of a dwelling-house, dual occupancy housing or urban housing on land in a zone, or on land within a precinct of the Nelson Bay (West) Area, specified in the Table to this subclause, unless:
(a)  the allotment on which the building is proposed to be erected has an area of not less than the minimum area for each dwelling specified in the Table in respect of the type of housing, zone or precinct concerned, and
(b)  the ratio of the gross floor area of the building to the site area of the allotment does not exceed the ratio identified for the relevant zone or precinct concerned, and
(c)  the height of the building does not exceed the maximum height identified for the relevant zone or precinct concerned.
Table
Housing type
Zone
Precinct (where specified)
Minimum site area per dwelling
Floor space ratio
Maximum height
Dwelling house
2 (a), 2 (c)
Unspecified areas
500 m2
0.5:1
9 m
 
2 (a)
Hill Tops
600 m2
0.5:1
9 m
Dual occupancy housing
2 (a)
Unspecified areas
300 m2
0.5:1
8 m
 
2 (c)
Unspecified areas
250 m2
0.5:1
8 m
 
2 (a)
Upper Slopes
500 m2
0.5:1
8 m
 
2 (a), 2 (c)
Foreshore and Lower Slopes
300 m2
0.5:1
8 m
 
2 (a), 2 (c)
Town Centre Edge, Town Centre Housing, Wahgunyah Neighbourhood
250 m2
0.5:1
8 m
Urban housing
2 (a)
Upper Slopes
500 m2
0.5:1
8 m
 
2 (a)
Unspecified areas
300 m2
0.5:1
8 m
 
2 (a)
Foreshore and Lower Slopes
300 m2
0.5:1
8 m
 
2 (a)
Town Centre Edge, Wahgunyah Neighbourhood
250 m2
0.5:1
8 m
 
2 (c)
Town Centre Housing
150 m2
1.8:1
15 m
 
2 (c)
Foreshore, Unspecified areas
150 m2
1.8:1
15 m
(2)  State Environmental Planning Policy No 1—Development Standards does not apply to the minimum site area for each dwelling specified in the Table to subclause (1), other than for:
(a)  a dwelling not in the Nelson Bay (West) Area, or
(b)  a dwelling on land subdivided for that purpose before the date of commencement of Port Stephens Local Environmental Plan 2000 (Amendment No 13).
cl 19: Subst 8.4.2004. Am 2006 (121), Sch 1 [3].
20   Advertisements in Residential Zones Nos 2 (a) and 2 (c)
A person shall not display an advertisement on land within a residential zone other than an advertisement that relates to development on that land, or to premises situated on that land.
Division 4 Business zones
21   Business zonings
The following business zone applies as shown on the map:
Zone No 3 (a) (Business General “A” Zone)—lettered 3 (a) on the map.
Development control table
Zone No 3 (a)—Business General “A” Zone
(1)   Description of the zone
The Business General “A” Zone covers both the major commercial centres of Port Stephens and the smaller neighbourhood shopping centres. It is characterised by a mix of commercial uses and some associated tourist accommodation and residential uses. Small, low impact industrial activities that involve retailing or direct service to the public may be appropriate in this zone.
(2)   Objectives of the zone
The objectives of the Business General “A” Zone are:
(a)  to provide for a range of commercial and retail activities, and uses associated with, ancillary to, or supportive of, retail and service facilities, including tourist development and industries compatible with a commercial area, and
(b)  to ensure that neighbourhood shopping and community facilities retain a scale and character consistent with the amenity of the locality, and
(c)  to maintain and enhance the character and amenity of major commercial centres, to promote good urban design and retain heritage values where appropriate, and
(d)  to provide commercial areas that are safe and accessible for pedestrians, and which encourage public transport patronage and bicycle use and minimise the reliance on private motor vehicles, and
(e)  to provide for waterfront-associated commercial development whilst protecting and enhancing the visual and service amenity of the foreshores.
(3)   Development allowed without development consent
Exempt development.
(4)   Development allowed only with development consent
Any development not included in Item 3 or 5.
(5)   Development which is prohibited
Development for the purpose of:
•  abattoirs,
•  brothels,
•  camp or caravan sites,
•  dwellings (unless the ground floor of the building is used for another use permissible within the zone),
•  exhibition homes,
•  extractive industries,
•  hazardous industries,
•  hazardous storage establishments,
•  helicopter landing sites,
•  heliports,
•  institutions,
•  intensive agriculture,
•  liquid fuel depots,
•  material recycling facilities,
•  mineral sand mines,
•  mines,
•  offensive industries,
•  offensive storage establishments,
•  race tracks,
•  road transport terminals,
•  roadside stalls,
•  rural industries.
22   Subdivision in business zones
(1)  A person shall not subdivide land in a business zone except with the consent of the consent authority.
(2)  The consent authority may grant consent for a subdivision of land within a business zone only if each allotment to be created by the proposed subdivision will be of a size, and will have a ratio of depth to frontage, that the consent authority considers appropriate:
(a)  having regard to the purpose for which the allotment is intended to be used, or
(b)  to facilitate future commercial development of the land.
Division 5 Industrial zones
23   Industrial zonings
The following industrial zone applies as shown on the map:
Zone No 4 (a) (Industrial General “A” Zone)—lettered 4 (a) on the map.
Development control table
Zone No 4 (a)—Industrial General “A” Zone
(1)   Description of the zone
The Industrial General “A” Zone caters for a range of industrial development including the retailing of bulky goods that require large areas for handling and storage and good loading facilities. Premises of a commercial and retail nature are limited in the industrial zone.
(2)   Objectives of the zone
The objectives of the Industrial General “A” Zone are:
(a)  to enable the development of a wide range of industrial, service and storage activities and a limited range of business and retail activities, and
(b)  to allow industrial development only after comprehensive hazard analysis and risk assessment provide adequate safeguards designed to protect the surrounding environment and ecological balance, and
(c)  to regulate industries in proximity to urban localities and to ensure that adequate buffers are provided in the vicinity of adjacent zones, so that activities near the boundary of an adjacent zone will not have a significant detrimental effect on the amenity of that zone, and
(d)  to enable the most efficient and effective industrial development of waterfront industrial land by encouraging associated waterfront land uses sympathetic to the environment and ecology of the waterfront lands, and
(e)  to allow commercial, retail, residential, or other development only where it is associated with, ancillary to, or supportive of, industrial development, and
(f)  to limit development for the purpose of bulky goods salesrooms or showrooms, and
(g)  to encourage a high standard of design and amenity in industrial areas.
(3)   Development allowed without development consent
Exempt development.
(4)   Development allowed only with development consent
Any development not included in Item 3 or 5.
(5)   Development which is prohibited
Development for the purpose of:
•  bed and breakfast establishments,
•  boarding-houses,
•  camp or caravan sites,
•  commercial premises,
•  dual occupancy housing,
•  dwellings, other than those ancillary to and on the same land as other development permissible in this zone,
•  hospitals,
•  restricted premises,
•  roadside stalls,
•  shops,
•  tourist facilities,
•  urban housing.
cl 23, table: Am 15.8.2003.
24   Subdivision in industrial zones
(1)  A person shall not subdivide land in an industrial zone except with the consent of the consent authority.
(2)  The consent authority may grant consent for a subdivision of land within an industrial zone only if each allotment to be created by the proposed subdivision will be of a size, and will have a ratio of depth to frontage, that the consent authority considers appropriate:
(a)  having regard to the purpose for which the allotment is intended to be used, or
(b)  to facilitate future industrial development of the land.
25   Bulky goods salesrooms and showrooms in industrial zones
The consent authority shall not grant consent for development for the purpose of a bulky goods salesroom or showroom in an industrial zone unless it is satisfied that:
(a)  there is a need for development for that purpose in the zone,
(b)  having regard to the objectives of the zone and the number of retail outlets that exist within (or are proposed for) the zone, the carrying out of the proposed development is appropriate, and
(c)  the carrying out of the proposed development will not have a substantial adverse effect on existing business centres or on adjoining residential properties.
Division 6 Special Use zones
26   Special use zonings
(1)  The following special use zones apply as shown on the map:
Zone No 5 (a) Defence Purposes Zone—lettered 5 (a) on the map.
Zone No 5 (c) Proposed Road Zone—lettered 5 (c) on the map.
Zone No 5 (g) Special Urban (Flood Affected) Zone—lettered 5 (g) on the map.
Zone SP1 Defence and Airport Related Employment Development Zone—lettered SP1 on the map.
(2)  A word or expression used in the matter relating to Zone SP1 Defence and Airport Related Employment Development Zone in the development control table to this clause has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 (as in force immediately before the commencement of the Standard Instrument (Local Environmental Plans) Amendment Order 2011).
Development control table
Zone No 5 (a)—Defence Purposes Zone
(1)   Description of the zone
The 5 (a) Defence Purposes Zone identifies land required for defence force use.
(2)   Objective of the zone
The objective of the 5 (a) Defence Purposes Zone is to provide for specific defence force and associated uses of land in appropriate locations.
(3)   Development allowed without development consent
Development by the Department of Defence for defence purposes.
Exempt development.
(4)   Development allowed only with development consent
Development for the purpose of:
•  aircraft maintenance,
•  aircraft manufacture,
•  airports,
•  any activity associated with airports or defence,
•  manufacture of components used in aircraft maintenance or manufacture,
•  tourist facilities.
(5)   Development which is prohibited
Any development not included in Item 3 or 4.
Zone No 5 (c)—Proposed Road Zone
(1)   Description of the zone
The 5 (c) Proposed Road Zone identifies land required for new roads and for the widening of roads. Provisions apply for landowners who wish to sell the land to the RTA and for the use of land prior to acquisition by that Authority.
(2)   Objective of the zone
The objective of this zone is to reserve land required for new roads and the widening of roads.
(3)   Development allowed without development consent
Development for the purpose of:
•  roads,
•  utility installations.
Exempt development.
(4)   Development allowed only with development consent
Nil.
(5)   Development which is prohibited
Any development not included in Item 3 or 4.
Zone No 5 (g)—Special Urban (Flood Affected) Zone
(1)   Description of the zone
The 5 (g) Special Urban (Flood Affected) Zone is characterised by a mixture of commercial, light industrial and residential uses. The zone comprises some of the older residential and commercial or light industrial areas of Raymond Terrace. It provides for urban development compatible with the constraints of the land and in accordance with more detailed planning provisions contained within a development control plan.
(2)   Objectives of the zone
The objectives of the Special Urban (Flood Affected) Zone are:
(a)  to enable a range of urban development compatible with the constraints of the land such as floodwater inundation, and
(b)  to identify land suitable for future urban development, and
(c)  to allow only development of a kind that is, or can be rendered to be, compatible with inundation by flood waters, and
(d)  to reduce the incidence of loss of life and damage to property and the environment in areas subject to flooding, and
(e)  to allow suitable development on valuable land close to existing urban areas, and
(f)  to protect and preserve items of environmental heritage, and
(g)  to permit development which is compatible with the provisions of detailed planning objectives contained within development control plans.
(3)   Development allowed without development consent
Exempt development.
Flood mitigation works authorised under the Hunter Valley Flood Mitigation Act 1956.
(4)   Development allowed only with development consent
Any development not included in Item 3 or 5.
(5)   Development which is prohibited
Development for the purpose of:
•  abattoirs,
•  airports,
•  brothels,
•  hazardous industries,
•  hazardous storage establishments,
•  helicopter landing sites,
•  heliports,
•  hospitals,
•  institutions,
•  intensive agricultural pursuits,
•  intensive agriculture,
•  intensive animal husbandry,
•  liquid fuel depots,
•  material recycling facilities,
•  mineral sand mines,
•  mines,
•  offensive industries,
•  offensive storage establishments,
•  road transport terminals,
•  roadside stalls,
•  urban housing.
Zone SP1 Defence and Airport Related Employment Development Zone
(1)   Description of the zone
The SP1 Defence and Airport Related Employment Development Zone identifies land for defence and airport related employment development purposes.
(2)   Objectives of the zone
The objectives of the SP1 Defence and Airport Related Employment Development Zone are:
(a)  to provide opportunities for the establishment of employment generating activities supporting the ongoing operation of RAAF Base Williamtown and Newcastle Airport, and
(b)  to permit development that is appropriate and supportive to the continued operation of RAAF Base Williamtown and Newcastle Airport in terms of its land use type and location within the employment zone, and
(c)  to prevent development that is not compatible with or that may compromise the continued operation of RAAF Base Williamtown or Newcastle Airport, and
(d)  to minimise any adverse impacts on the surrounding land while protecting the inherent natural qualities and groundwater recharge areas, and
(e)  to minimise the impact of the particular characteristics of the site including flooding constraints, groundwater quality and surface drainage, and
(f)  to prevent urban encroachment to airfield operations.
(3)   Development allowed without development consent
Environmental protection works.
(4)   Development allowed only with development consent
Development for the purpose of:
•  advertisements,
•  airports,
•  bushfire hazard reduction work,
•  business premises,
•  car parks,
•  clearing native vegetation,
•  earthworks,
•  educational establishments,
•  freight transport facilities,
•  heliports,
•  hotel or motel accommodation,
•  industries,
•  information and education facilities,
•  kiosks,
•  neighbourhood shops,
•  office premises,
•  public administration buildings,
•  recreation facilities (indoor),
•  recreation facilities (outdoor),
•  restaurants,
•  service stations,
•  vehicle repair stations,
•  warehouse or distribution centres.
(5)   Development which is prohibited
Any development not included in Item 3 or 4.
cl 26: Am 2009 (46), Sch 1 [1] [2]; 2011 (103), Sch 1.6.
cl 26, table: Am 2009 (46), Sch 1 [3]; 2010 (6), Sch 1 [5].
26A   Development in the vicinity of RAAF Base Williamtown/Newcastle Airport
(1)  This clause applies to land within Zone SP1 Defence and Airport Related Employment Development.
(2)  Despite any other provisions of this plan, consent to any development on land to which this clause applies must not be granted unless the consent authority is satisfied that:
(a)  it complies with the relevant provisions of Australian Standard AS 2021–2000, Acoustics—Aircraft noise intrusion—Building siting and construction as applicable, and
(b)  it will not compromise the continued operation of RAAF Base Williamtown or Newcastle Airport, and
(c)  the location and type of development supports a focused defence and airport related employment area.
cll 26A–26C: Ins 2009 (46), Sch 1 [4].
26B   Restrictions on certain subdivisions—infrastructure, facilities and services
(1)  This clause applies to land within Zone SP1 Defence and Airport Related Employment Development, but does not apply to such land if the whole or any part of it is in a special contributions area (as defined by section 93C of the Act).
(2)  The object of this clause is to require assistance towards the provision of designated State public infrastructure to satisfy needs that arise from development on land to which this clause applies, but only if the land is developed intensively for urban purposes.
(3)  Despite any other provision of this plan, the consent authority must not grant consent to the subdivision of land to which this clause applies if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the commencement of Port Stephens Local Environmental Plan 2000 (Amendment No 29), unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure referred to in subclause (2) in relation to that lot.
(4)  Subclause (3) does not apply to any lot:
(a)  identified as a residue lot, or
(b)  that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utilities, educational facilities, or any other public purpose.
(5)  Subclause (3) does not apply to a subdivision for the purpose only of rectifying an encroachment on any existing allotment.
(6)  State Environmental Planning Policy No 1—Development Standards does not apply to development for the purposes of subdivision on land to which this clause applies.
(7)  In this clause, designated State public infrastructure means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds:
(a)  State and regional roads,
(b)  bus interchanges and bus lanes,
(c)  rail infrastructure and land,
(d)  land required for regional open space,
(e)  land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes).
cll 26A–26C: Ins 2009 (46), Sch 1 [4].
26C   Subdivision of land zoned SP1 Defence and Airport Related Employment Development
(1)  A person must not subdivide land within Zone SP1 Defence and Airport Related Employment Development except with the consent of the consent authority.
(2)  The consent authority may grant consent for a subdivision of land within Zone SP1 Defence and Airport Related Employment Development only if each allotment to be created by the proposed subdivision will be of a size, and will have a ratio of depth to frontage, that the consent authority considers appropriate:
(a)  having regard to the purpose for which the allotment is intended to be used, or
(b)  to facilitate the future development of the land for defence and airport related employment development.
cll 26A–26C: Ins 2009 (46), Sch 1 [4].
27   Acquisition and development of land reserved for roads
Note—
Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
(1)  The owner of any land within Zone No 5 (c) may, by notice in writing, require the RTA to acquire the land.
(2)  On receipt of such a notice, the RTA must acquire the land if:
(a)  the land is vacant land, or
(b)  the land is not vacant land but:
(i)  the land is included in the 5 year works program of the RTA current at the time of receipt of the notice, or
(ii)  the RTA has decided not to give concurrence to an application for consent to the carrying out of development on the land, or
(iii)  the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time,
but the RTA is not required to acquire the land if it might reasonably be required to be dedicated for a public road.
(3)  A person may, with the consent of the Council, carry out development on land within Zone No 5 (c):
(a)  for a purpose for which development may be carried out on land in an adjoining zone, or
(b)  for any other purpose which is compatible with development which may be carried out on land in an adjoining zone.
(4)    (Repealed)
(5)  Land acquired under this clause may be developed, with the consent of the consent authority, for any purpose, until such time as it is required for the purpose for which it was acquired.
(6)  In this clause:
vacant land means land on which, immediately before the day on which a notice under subclause (1) is given, there were no buildings other than fences.
cl 27: Am 2008 (571), Sch 3.148 [1]–[4].
28   Subdivision in the Special Urban (Flood Affected) Zone
(1)  A person shall not subdivide land in the Special Urban (Flood Affected) Zone except with the consent of the consent authority.
(2)  The consent authority may grant consent for a subdivision of land within the Special Urban (Flood Affected) Zone only if each allotment to be created by the proposed subdivision will be of a size that the consent authority considers appropriate:
(a)  having regard to the purpose for which the allotment is intended to be used and having regard to the hazard of flooding, or
(b)  to facilitate future development of the land for urban purposes, having regard to the hazard of flooding.
Division 7 Recreation zones
29   Recreation zonings
The following recreation zones apply as shown on the map:
Zone No 6 (a) (General Recreation “A” Zone)—lettered 6 (a) on the map.
Zone No 6 (c) (Special Recreation “C” Zone)—lettered 6 (c) on the map.
Development control table
Zone No 6 (a)—General Recreation “A” Zone
(1)   Description of the zone
The General Recreation “A” Zone contains land that is currently used or is available to be used for both active and passive recreation. The zone generally relates to recreation reserves, foreshores, bushland and other land reserved for the public. It can include a number of recreational developments, such as playing fields, children’s playgrounds and bushland parks, and may include services and facilities catering for users of the reserve.
(2)   Objectives of the zone
The objectives of the General Recreation “A” Zone are:
(a)  to identify publicly owned land and ensure that it is available for open space recreation, and
(b)  to provide an open space network to serve the present and future recreational needs of residents and visitors, and
(c)  to permit development associated with, or complementary to, open space, and
(d)  to allow development on foreshores where that development is water related and enhances the recreational use or natural environment of the foreshore, and
(e)  to preserve the aesthetics of land which is prominent and visible to the public along foreshore areas, and
(f)  to reserve privately owned land that is essential for future public open space and to provide for its acquisition by the Council.
(3)   Development allowed without development consent
Exempt development.
Works for the purpose of landscaping or gardening.
(4)   Development allowed only with development consent
Development for the purpose of:
•  advertisements,
•  agriculture,
•  aquaculture,
•  bushfire hazard reduction,
•  camp or caravan sites,
•  child care centres,
•  clearing native vegetation,
•  clubs,
•  community facilities,
•  dams,
•  earthworks,
•  educational establishments,
•  forestry,
•  helicopter landing sites,
•  marinas,
•  places of assembly,
•  race tracks,
•  recreation areas,
•  recreation facilities,
•  restaurants,
•  telecommunications facilities,
•  utility installations.
(5)   Development which is prohibited
Any development not included in Item 3 or 4.
Zone No 6 (c)—Special Recreation “C” Zone
(1)   Description of the zone
The Special Recreation “C” Zone includes privately and publicly owned land used for recreational purposes such as licensed clubs, golf courses, bowling clubs and the like.
(2)   Objectives of zone
The objectives of the Special Recreation “C” Zone are to enable privately and publicly operated recreational development in suitable and accessible localities and to ensure facilities do not reduce the amenity of the locality or its environmental quality.
(3)   Development allowed without development consent
Exempt development.
Works for the purpose of landscaping, gardening or bushfire hazard reduction.
(4)   Development allowed only with development consent
Development for the purpose of:
•  advertisements,
•  agriculture,
•  aquaculture,
•  camp or caravan sites,
•  clearing native vegetation,
•  clubs,
•  dams,
•  earthworks,
•  forestry,
•  marinas,
•  race tracks,
•  recreation areas,
•  recreation facilities,
•  restaurants,
•  telecommunications facilities,
•  tourist facilities,
•  utility installations.
(5)   Development which is prohibited
Any development not included in Item 3 or 4.
cl 29, table: Am 2010 (6), Sch 1 [6].
30   Acquisition and development of land zoned for general recreation
(1)  The owner of land zoned 6 (a) may write to the Council, asking the Council to acquire the land. Upon receipt of such a request, the Council must acquire the land, unless:
(a)  the land can reasonably be required to be dedicated to the public by the owner on subdivision or development of that land or adjoining land in the same ownership, or
(b)  the land is public land and held by a public authority for the purpose of public open space.
(2)  The Council need not take any action with respect to acquiring land within Zone No 6 (a) for 90 days (or for such other period as may be agreed between the owner and the Council before that period expires) after receiving a notice requiring acquisition of land if the Council, within 14 days after receiving the notice, notifies the owner that it is reviewing the zoning of the land. The Council need not acquire the land pursuant to the notice if the land is rezoned, or the Council resolves (or has resolved) to prepare a local environmental plan to rezone the land, before the period of 90 days (or the agreed period) expires.
(3)  Land zoned 6 (a) may be developed for any purpose with the consent of the consent authority, where the consent authority is satisfied that the land is not required for public recreation in the immediate future and the carrying out of that development will not adversely affect the future use of the land for public recreation.
31   Subdivision in recreation zones
(1)  A person shall not subdivide land in a recreation zone except with the consent of the consent authority.
(2)  The consent authority may grant consent for a subdivision of land within a recreation zone only if each allotment to be created by the proposed subdivision will be of a size that the consent authority considers appropriate:
(a)  having regard to the purpose for which the allotment is intended to be used, or
(b)  to facilitate future development of the land for recreational purposes.
Division 8 Environment protection zones
32   Environment protection zonings
The following environment protection zones apply as shown on the map:
Zone No 7 (a) (Environment Protection “A” Zone)—lettered 7 (a) on the map.
Zone No 7 (c) (Environment Protection “C” (Water Catchment) Zone)—lettered 7 (c) on the map.
Zone No 7 (f1) (Environment Protection “F1” (Coastal Lands) Zone)—lettered 7 (f1) on the map.
Zone No 7 (f3) (Environment Protection “F3” (Urban Conservation) Zone)—lettered 7 (f3) on the map.
Zone No 7 (w) (Environment Protection “W” (Waterways) Zone)—lettered 7 (w) on the map.
Development control table
Zone No 7 (a)—Environment Protection “A” Zone
(1)   Description of the zone
The Environment Protection “A” Zone is comprised of lands which are environmentally sensitive or of particular environmental interest. It includes water catchment areas, wetlands and areas of significant flora or fauna habitat. Development in this zone is generally comprised of scattered residential development and development for the purpose of tourist accommodation sympathetic to, and compatible with, the natural environment and its features.
(2)   Objectives of the zone
The objectives of the Environment Protection “A” Zone are to encourage the conservation and proper management of environmentally sensitive land and to ensure that existing and future land uses and land management practices do not detract from the environmental values of the land, and, in particular:
(a)  to protect significant wildlife habitats, water catchment areas and coastal lands, and
(b)  to regulate development to avoid inappropriate uses of land, being uses which would destroy or damage a habitat ecosystem (particularly that of wetlands), significant vegetation or wildlife, and
(c)  to promote the regeneration of areas of significant vegetation, and their corridors, for the protection of native fauna and flora species and to maintain their diversity, and
(d)  to encourage development compatible with, and sympathetic to, the preservation of the natural environment and based on the principles of ecologically sustainable development, and
(e)  to regulate development so that it does not adversely affect and is not adversely affected by coastal processes, in both the short and long term, and
(f)  to maintain the visual character of coastal landscapes, hillscapes and ridgelines and the availability of land for coastal recreation and access, and
(g)  to ensure the sensitive use of renewable resources to maintain the integrity of the resource base and provide for its continued use by future generations, and
(h)  to conserve biological diversity and ecological integrity.
(3)   Development allowed without development consent
Exempt development.
(4)   Development allowed only with development consent
Development for the purpose of:
•  agriculture,
•  aquaculture,
•  bed and breakfast establishments,
•  bushfire hazard reduction,
•  clearing native vegetation,
•  community facilities,
•  dams,
•  dual occupancy housing,
•  dwelling-houses,
•  earthworks,
•  home employment,
•  places of assembly,
•  places of public worship,
•  recreation areas,
•  recreation facilities,
•  tourist facilities,
•  utility installations.
Subdivision permitted by clause 33.
(5)   Development which is prohibited
Any development not included in Item 3 or 4.
Zone No 7 (c)—Environment Protection “C” (Water Catchment) Zone
(1)   Description of the zone
The Environment Protection “C” (Water Catchment) Zone is comprised of lands which are environmentally sensitive and are also in the care and control of the Hunter Water Corporation. Development in this zone generally relates to the on-going and long-term management of the surface and groundwater catchment by the Hunter Water Corporation. There are also other sympathetic and compatible uses of the land in the zone.
(2)   Objectives of the zone
The objectives of the Environment Protection “C” (Water Catchment) Zone are:
(a)  to ensure the protection of water catchment areas to safeguard the quality and quantity of groundwater and surface water, and
(b)  to regulate development so as to avoid uses of land that would destroy or damage the quality or quantity of groundwater or surface water.
(3)   Development allowed without development consent
Exempt development.
(4)   Development allowed only with development consent
Development for the purpose of:
•  agriculture,
•  bushfire hazard reduction,
•  clearing native vegetation,
•  community facilities,
•  dams,
•  dwelling-houses,
•  earthworks,
•  recreation areas,
•  recreation facilities,
•  tourist facilities,
•  utility installations.
Subdivision permitted by clause 33.
(5)   Development which is prohibited
Any development not included in Item 3 or 4.
Zone No 7 (f1)—Environment Protection “F1” (Coastal Lands) Zone
(1)   Description of the zone
The land within the Environment Protection “F1” (Coastal Lands) Zone is identified as being land located along the coastline that is, for aesthetic or environmental reasons, environmentally sensitive, and is generally held in public ownership.
(2)   Objectives of the zone
The objectives of the Environment Protection “F1” (Coastal Lands) Zone are:
(a)  to identify and protect coastal lands which are recognised as being environmentally sensitive, and
(b)  to safeguard sections of the coast which are significant tourist and recreational areas and to promote only environmentally and aesthetically sympathetic development, and
(c)  to regulate development so that it does not adversely affect and is not adversely affected by coastal processes, in both the short and long term.
(3)   Development allowed without development consent
Exempt development.
(4)   Development allowed only with development consent
Development for the purpose of:
•  agriculture,
•  aquaculture,
•  bed and breakfast establishments,
•  bushfire hazard reduction,
•  camp or caravan sites,
•  clearing native vegetation,
•  community facilities,
•  dams,
•  dual occupancy housing,
•  dwelling-houses,
•  earthworks,
•  home employment,
•  places of assembly,
•  places of public worship,
•  recreation areas,
•  recreation facilities,
•  tourist facilities,
•  utility installations.
Subdivision permitted by clause 34.
(5)   Development which is prohibited
Any development not included in Item 3 or 4.
Zone No 7 (f3)—Environment Protection “F3” (Urban Conservation) Zone
(1)   Description of the zone
The land within the Environment Protection “F3” (Urban Conservation) Zone is environmentally sensitive land and may be low lying or adjacent to sensitive ecosystems, or affected by acid sulphate soils or poor drainage.
(2)   Objectives of the zone
The objectives of the Environment Protection “F3” (Urban Conservation) Zone are:
(a)  to identify lands which are environmentally sensitive and to promote development which recognises that sensitivity and ensures the protection of the environment, and
(b)  to permit agriculture and low density residential development which is compatible with, and sympathetic to, the environment, and
(c)  to ensure that development does not have an adverse effect on sensitive ecosystems and their buffer areas.
(3)   Development allowed without development consent
Exempt development.
(4)   Development allowed only with development consent
Development for the purpose of:
•  agriculture,
•  bed and breakfast establishments,
•  bushfire hazard reduction,
•  clearing native vegetation,
•  community facilities,
•  dual occupancy housing, other than on land within the Hill Tops precinct of the Nelson Bay (West) Area,
•  dwelling-houses,
•  earthworks,
•  home employment,
•  places of assembly,
•  places of public worship,
•  recreation areas,
•  recreation facilities,
•  tourist facilities,
•  utility installations.
Subdivision permitted by clause 33.
(5)   Development which is prohibited
Any development not included in Item 3 or 4.
Zone No 7 (w)—Environment Protection “W” (Waterways) Zone
(1)   Description of the zone
The Environment Protection “W” (Waterways) Zone applies to the Port Stephens waterway including Tilligerry Creek. Development in this zone is generally of a low impact nature that is sympathetic to, and compatible with, the natural environment.
(2)   Objectives of the zone
The objectives of the Environment Protection “W” (Waterways) Zone are to minimise the impacts caused by commercial operations on the marine life and ecology of the Port Stephens waterways and to provide for such activities and facilities which:
(a)  are compatible with the existing or planned future character of the waterways and adjoining foreshores, and
(b)  protect and maintain the viability of the oyster, prawn and fishing industries of the Port whilst enabling a balance of compatible recreational uses, and
(c)  maintain the integrity of the waterways resource base and provide for its continued use by future generations, and
(d)  ensure there is provision for multiple use of the waterways of Port Stephens having regard to the use and zoning of adjoining waterfront lands, and
(e)  protect and enhance the aquatic environment and the significant marine habitats of Port Stephens, and
(f)  protect and enhance the natural environment based on the principles of ecologically sustainable development including biological diversity and ecological integrity, and
(g)  do not adversely affect and are not adversely affected by coastal processes, in both the short and long term.
(3)   Development allowed without development consent
Development for the purpose of:
•  boating activities, except development for the purpose of tourist boats,
•  maintenance dredging.
Exempt development.
(4)   Development allowed only with development consent
Any development not included in Item 3.
(5)   Development that is prohibited
Nil.
cl 32, table: Am 8.4.2004; 2010 (6), Sch 1 [7].
33   Subdivision within environment protection zones Nos 7 (a), 7 (c) and 7 (f3)
(1)  A person must not subdivide land within Zone No 7 (a), 7 (c) or (f3) except:
(a)  for any of the following purposes:
(i)  the opening or widening of a public road,
(ii)  to change allotment boundaries in any way, but not so as to create additional allotments,
(iii)  consolidation of allotments,
(iv)  rectification of any encroachment on any existing allotments,
(v)  the creation of allotments corresponding to the parts into which a single allotment is divided by a public road, or
(b)  for the purpose of the creation of an allotment or allotments intended to be used for any one or more of the purposes (excluding dwelling-houses or dual occupancy housing) for which it may be used with or without the consent of the consent authority.
(2)  Subdivision of land for a purpose specified in subclause (1) (a) does not have the effect of precluding development of the land for any purpose for which it might have been developed immediately prior to the subdivision (except in so far as the land has been taken for a road as referred to in subclause (1) (a)).
cl 33: Am 7.6.2002.
34   Subdivision within environment protection zone No 7 (f1)
(1)  The consent authority must not consent to the subdivision of land within the environment protection zone No 7 (f1) unless each allotment to be created by the subdivision has an area of not less than 40 hectares.
(2)  Notwithstanding subclause (1), the consent authority may consent to a subdivision of land referred to in that subclause involving the creation of not more than one allotment having an area of less than 40 hectares if the consent authority is satisfied that:
(a)  the allotment to be created is lawfully used for a purpose other than a dwelling-house, dual occupancy housing or agriculture, or
(b)  the allotment to be created may, by reason of a development consent granted in respect of that allotment, lawfully be used for a purpose other than a dwelling-house, dual occupancy housing or agriculture.
35   Development within all environment protection zones
(1)  The consent authority must not grant consent to a development application relating to land within an environment protection zone unless it is satisfied that:
(a)  the carrying out of the proposed development will not harm or compromise ecological habitats, and
(b)  the land is not subject to high bushfire hazard, and
(c)  where a dwelling-house is permissible on the land (with or without the consent of the consent authority), each allotment to be created by any proposed subdivision has an area of land, suitable for the erection of a dwelling-house, which is not affected by slopes greater than 30%, and
(d)  where a dwelling-house or dual occupancy housing is permissible on the land, any proposed building will have a height of no more than 9 metres in the case of a dwelling-house and 8 metres in the case of dual occupancy housing, and
(e)  any subdivision will occur in an orderly and efficient manner and will not create undue demands on the provision of services and infrastructure for the locality, and
(f)  the land concerned has an adequate area of suitable soils available for on-site septic effluent disposal, located away from drainage lines and shallow or impervious soils, unless reticulated water and sewerage services are available.
(2)  The consent authority must not consent to the erection of a dwelling-house or dual occupancy housing on an allotment having an area of less than 40 hectares created pursuant to a consent referred to in clause 34 (2).
36   Acquisition and development of land zoned 7 (f1)
(1)  The owner of any land within Zone No 7 (f1) may, by notice in writing, require the Minister administering the Environmental Planning and Assessment Act 1979 to acquire the land. Upon receipt of such a notice, the Minister must acquire the land.
(2)  Land zoned 7 (f1) may be developed for any purpose permissible in the zone, with the consent of the consent authority. The consent authority must not grant such a consent unless it is satisfied that the carrying out of the proposed development will not adversely affect the future use of the land for the purposes for which it has been zoned.
(3)  The consent authority shall not consent to the erection of a dwelling-house or dual occupancy housing on an allotment of land within Zone No 7 (f1) unless:
(a)  the allotment has an area of not less than 40 hectares, or
(b)  the allotment was lawfully created prior to 22 June 1979.
cl 36: Am 2008 (571), Sch 3.148 [5].
Part 3 Special provisions
Division 1 Special provisions relating to Port Stephens generally
37   Objectives for development on flood prone land
The objectives for development on flood prone land are:
(a)  to minimise risk to human life and damage to property caused by flooding and inundation through controlling development, and
(b)  to ensure that the nature and extent of the flooding and inundation hazard are considered prior to development taking place, and
(c)  to provide flexibility in controlling development in flood prone localities so that the new information or approaches to hazard management can be employed where appropriate.
38   Development on flood prone land
(1)  A person shall not carry out development for any purpose on flood prone land except with the consent of the consent authority.
(2)  Before granting consent to development on flood prone land the consent authority must consider the following:
(a)  the extent and nature of the flooding or inundation hazard affecting the land,
(b)  whether or not the proposed development would increase the risk or severity of flooding or inundation affecting other land or buildings, works or other land uses in the vicinity,
(c)  whether the risk of flooding or inundation affecting the proposed development could reasonably be mitigated and whether conditions should be imposed on any consent to further the objectives of this plan,
(d)  the social impact of flooding on occupants, including the ability of emergency services to access, rescue and support residents of flood prone areas,
(e)  the provisions of any floodplain management plan or development control plan adopted by the Council.
39   Development near the Williams River
(1)  Despite any other provision of this plan, a person must not, except with the consent of the consent authority, on land within 30 metres of a bank of the Williams River and within the Williams River catchment:
(a)  erect a building (or alter or add to a building so as to enlarge or extend it), or
(b)  construct dams, drainage works, levee banks or water storage areas, or
(c)  carry out any other development.
(2)  Despite any other provision of this plan, a person must not, except with the consent of the consent authority, subdivide land within 30 metres of a bank of the Williams River and within the Williams River catchment.
(3)  The consent authority must not grant consent as referred to in subclause (1) or (2) unless, in the opinion of the consent authority, the subdivision or other development of the land will be carried out in a manner which, in respect of that land and the adjacent land, does not result in a significantly increased risk of:
(a)  soil erosion or other environmental degradation, or
(b)  loss of vegetation or habitat, or
(c)  disturbance of sodic or dispersive soils, or
(d)  degradation of water quality or the quality of groundwater supplies.
(4)  This clause does not apply to development for the purpose of fencing, revegetation or river management works.
(5)  In this clause, river management works means works carried out for the purpose of improving the river corridor of the Williams River in accordance with:
(a)  the conditions subject to which funding has been provided for the works by the Department of Land and Water Conservation, or
(b)  a permit or other approval granted by the Director-General of that Department, or
(c)  a Rivercare or Landcare plan or the like administered by the Hunter Catchment Management Trust.
40   Minor variation to zone boundaries
Development may, with the consent of the consent authority, be carried out on land which is within 20 metres of a boundary between any two zones for any purpose for which development may be carried out in the adjoining zone on the other side of the boundary.
41   Direct access to certain roads is restricted
(1)  No new means of vehicular access shall, except with the consent of the consent authority, be opened, constructed, formed, laid out or used from any land adjacent to a boundary of a road identified as follows:
(a)  Pacific Highway—State Highway No 10,
(b)  Nelson Bay Road—Main Road 108 (between the intersection of Stockton Street and Church Street, Nelson Bay, and the boundary of Port Stephens local government area at Fern Bay),
(c)  Medowie Road—Main Road 518,
(d)  Cabbage Tree Road/Tomago Road—Main Road 302,
(e)  Richardson Road—Main Road 104 (between Nelson Bay Road and Watt Street, Raymond Terrace).
(2)    (Repealed)
cll 41: Am 17.12.2004.
42   Development along arterial roads
The consent authority shall not consent to an application to carry out development on land which has frontage to an arterial road unless:
(a)  access to the land is provided by a road other than the arterial road, wherever practicable, and
(b)  in the opinion of the consent authority, the safety and efficiency of the arterial road will not be adversely affected by the carrying out of the proposed development because of:
(i)  the nature of the access to the land concerned, or
(ii)  the emission of smoke or dust from that land, or
(iii)  the nature, volume or frequency of vehicles gaining access to the land, and
(c)  the proposed development will meet any relevant road traffic noise standards of the State or the Council.
(d)    (Repealed)
cll 42: Am 17.12.2004.
43   Classification and reclassification of public land as operational land
(1)  The public land described in Schedule 1 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause.
(2)  Land described in Columns 1 and 2 of Schedule 1, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except those (if any) specified for the land in Column 3 of Schedule 1.
(3)  In this clause, the relevant amending plan, in relation to land described in Schedule 1, means this plan or, if the description of the land is inserted into the Schedule by another local environmental plan, that plan.
(4)  Before the relevant amending plan inserted a description of land into Schedule 1, the Governor approved of subclause (2) applying to the land.
cl 43: Subst 9.8.2002.
44   Appearance of land and buildings
(1)  The consent authority may consent to the development of land within view of any waterway or adjacent to any main or arterial road, public reserve or land zoned as open space, only if it takes into consideration the probable aesthetic appearance of the proposed building or work or that land when used for the proposed purpose and viewed from that waterway, main or arterial road, public reserve or land zoned as open space.
(2)  The consent authority may consent to development of land on or near any ridgeline visible from a public road only if it is satisfied that the development would not be likely to detract substantially from the visual amenity of the locality.
(3)  In determining whether to grant a consent referred to in subclause (1) or (2), the consent authority shall consider the following:
(a)  the height and location of any building that will result from carrying out the development,
(b)  the reflectivity of materials to be used in carrying out the development,
(c)  the likely effect of carrying out the development on the stability of the land,
(d)  any bushfire hazard,
(e)  whether carrying out the development is essential to the viability of the land concerned,
(f)  the likely extent and effect of carrying out the development on vegetation on the land concerned.
45   Development of unzoned land
(1)  A person shall not carry out development on land shown unzoned on the map without the consent of the consent authority.
(2)  The consent authority shall grant its consent under subclause (1) only for a purpose which may be carried out either with or without the consent of the consent authority on land adjoining that unzoned land.
(3)  A person shall not carry out development on any land:
(a)  below high water mark, or
(b)  forming part of the bed of a river, creek, bay, lagoon or other natural watercourse,
without the consent of the consent authority.
46   Savings provision
The carrying out of development of any description specified in Schedule 1 to the Environmental Planning and Assessment Model Provisions 1980 shall continue to be permissible without development consent.
47   Services
The consent authority shall not grant its consent to the carrying out of any development on any land unless:
(a)  a water supply and facilities for the removal or disposal of sewage and drainage are available to that land, or
(b)  arrangements satisfactory to it have been made for the provision of that supply and those facilities.
48   Temporary use of land
Despite any other provision of this plan, a person may, with the consent of the consent authority, carry out development on land for any purpose (not being designated development) for a maximum period of 28 days, whether consecutive or non-consecutive, in any one year.
49   Exempt development
(1)  The objective of this clause is to identify development of minimal environmental impact as exempt development.
(2)  Development specified in Schedule 3 that meets the standards for the development contained in that Schedule and any other requirements contained in that Schedule and that complies with the requirements of this clause is exempt development.
(3)  To be exempt development:
(a)  the development must:
(i)  meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(ii)  be more than 1 metre from any easement or public sewer main, and
(iii)  if it relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9, have a current fire safety certificate or fire safety statement or be a building for which no fire safety measures are currently implemented, required or proposed, and
(b)  the development must not:
(i)  if it relates to an existing building, cause the building to contravene the Building Code of Australia, or
(ii)  require a tree to be removed, or
(iii)  create interference with the neighbourhood because it is noisy, causes vibrations, creates smells, fumes, smoke, vapour, steam, soot, ash, dust, waste water, grit or oil, or
(iv)  be designated development, or
(v)  be development on land that comprises, or on which there is, an item of environmental heritage that is listed on the State Heritage Register under the Heritage Act 1977 or in Schedule 2 to this Plan or that is subject to an interim heritage order under the Heritage Act 1977, or
(vi)  be on or in an environmentally sensitive area of State significance.
cl 49: Am 15.8.2003; 26.3.2004. Subst 2007 (198), Sch 1 [1].
49A   Complying development
(1)  The objective of this clause is to identify development as complying development.
(2)  Development specified in Schedule 4 that is carried out in compliance with the standards listed in that Schedule in respect of the development and any other requirements contained in that Schedule and that complies with the requirements of this clause is complying development.
(3)  To be complying development, the development must:
(a)  meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(b)  be more than 1 metre from any easement or public sewer main, and
(c)  have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
(4)  To be complying development, the development must not be carried out on or in:
(a)  a site that has at any time previously been used:
(i)  as a service station, or
(ii)  as a sheep or cattle dip, or
(iii)  for intensive agriculture, or
(iv)  for mining (but not underground mining) or an extractive industry, or
(v)  for waste storage or waste treatment, or
(vi)  for the manufacture of chemicals, asbestos, or asbestos products, or
(b)  an environmentally sensitive area of State significance, or
(c)  land to which clause 51A (Development on land identified on Acid Sulfate Soils Planning Maps) applies, or
(d)  land to which clause 38 (Development on flood prone land) applies, or
(e)  land located within the 20 Australian Noise Exposure Forecast contour as identified on the 2012 Australian Noise Exposure Forecast for Salt Ash Air Weapons Range and for RAAF Base Williamtown.
cl 49A: Ins 2007 (198), Sch 1 [1].
50   Tree preservation
(1)  The Council may, by resolution, make, revoke or amend a tree preservation order.
(2)  A tree preservation order, and any revocation or amendment of such an order, does not have effect until it has been published in a newspaper circulating in the Port Stephens local government area.
(3)  A tree preservation order must specify the types or sizes of trees, or identify the locations of the trees, that are covered by the order.
(4)  While a tree preservation order is in force, a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree covered by the order without development consent.
(5)  Subclause (4) does not apply where it can be demonstrated to the satisfaction of the consent authority that the tree is dying or dead or has become dangerous.
(6)  A tree preservation order does not apply to or in respect of:
(a)  trees within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or
(b)  action required or authorised to be done by or under the Electricity Supply Act 1995, the Electricity Safety Act 1945, the Roads Act 1993 or the Surveyors Act 1929, or
(c)  plants declared to be noxious weeds under the Noxious Weeds Act 1993.
(7)  A tree preservation order made, and in force immediately before the appointed day, under an interim development order relating to land within the Port Stephens local government area shall be deemed to be a tree preservation order made by the Council under this clause and may be revoked or amended in accordance with this clause.
51   Land reserved or dedicated under the National Parks and Wildlife Act 1974
Despite the other provisions of this plan, any development authorised by the National Parks and Wildlife Act 1974 (and any development ordinarily ancillary or incidental to that development) may be carried out, without development consent, on land to which this plan applies that is reserved or dedicated under that Act.
51A   Development on land identified on Acid Sulfate Soils Planning Map
(1)  This clause applies to all land identified on the Acid Sulfate Soils Planning Map and classified as either 1, 2, 3, 4 or 5 land.
(2)  A person must not, without development consent, carry out works of the kind listed in Column 2 of Table 1 on land of the class specified for those works in Column 1 of that Table, except as otherwise provided by this clause:
Table 1
Column 1
Column 2
Class of land as shown on Acid Sulfate Soils Planning Map
Works
1
Any works
2
Works below the natural ground surface
Works likely to lower the watertable
3
Works more than 1 metre below the natural ground surface
Works likely to lower the watertable to a depth of more than 1 metre below the natural ground surface
4
Works more than 2 metre below the natural ground surface
Works likely to lower the watertable to a depth of more than 2 metres below the natural ground surface
5
Works within 500 metres of Class 1, 2, 3 or 4 land which are likely to lower the watertable below 1 metre AHD on the adjacent Class 1, 2, 3 or 4 land
(3)  The Council must not grant consent required by this clause unless it has considered:
(a)  the adequacy of an Acid Sulfate Soils Management Plan prepared for the proposed development in accordance with the Acid Sulfate Soils Manual, and
(b)  the likelihood of the proposed development resulting in the discharge of acid water, and
(c)    (Repealed)
(d)  where consent is sought for drainage works or maintenance of open drains—any comments from the Department of Environment, Climate Change and Water received within 21 days of the Council having sent that Department a copy of the development application and the related Acid Sulfate Soils Management Plan.
(4)  This clause does not require consent for the carrying out of works as described in subclause (2) if:
(a)  a copy of a preliminary assessment of the proposed works undertaken in accordance with the Acid Sulfate Soils Manual has been given to the Council, and
(b)  the Council has provided written advice to the person proposing to carry out the works confirming that results of the preliminary assessment indicate the proposed works need not be carried out pursuant to an Acid Sulfate Soils Management Plan prepared in accordance with the Acid Sulfate Soils Manual.
(5)  Despite subclause (4), an Acid Sulfate Soils Preliminary Assessment or an Acid Sulfate Management Plan will not be required:
(a)  where the proposed works already require development consent under another clause in this plan, and
(b)  total soil disturbance at or below the depth specified in Table 1 is less than one tonne.
(6)  In approving any consent for works described in subclause (5), the Council must apply one or more consent conditions requiring appropriate management of potential or actual acid sulfate soils.
(7)  Despite subclause (2), routine maintenance works may be carried out by the Council, a public authority or private drainage board without consent where an Acid Sulfate Soils Plan of Management relating to such works has been:
(a)  prepared in accordance with the Acid Sulfate Soils Manual, and
(b)  approved by the Council after considering any comments received from the Department of Environment, Climate Change and Water within 21 days of the Council having sent that Department a copy of the draft Acid Sulfate Soils Plan of Management.
(8)  An Acid Sulfate Soils Plan of Management, as referred to in subclause (7), must be reviewed at least every 5 years and only has effect for 5 years from the date on which it is made.
(9)  Despite subclause (2), the Council or a public authority may carry out emergency works without consent if the Council or public authority properly deals with those soils in accordance with the Acid Sulfate Soils Manual so as to minimise the actual or potential impact to the environment arising from the disturbance of the soils.
(10)  In this clause:
acid sulfate soils means actual acid sulfate soils or potential acid sulfate soils.
Acid Sulfate Soils Management Plan means a plan, prepared in accordance with the Acid Sulfate Soils Manual, which identifies the extent and nature of acid sulfate soils on a particular site, assesses the likely impacts of any proposed activity upon those acid sulfate soils (including the consequence of no action), and detail the prescriptive measures to be taken to minimise environmental impacts resulting from interaction between the acid sulfate soils and the proposed activity or inaction.
Acid Sulfate Soils Manual means the Acid Sulfate Soils Manual as published from time to time by the NSW Acid Sulfate Soils Management Advisory Committee.
Acid Sulfate Soils Plan of Management means a plan prepared by the Council, a private drainage board, or public authority in accordance with the Acid Sulfate Soils Manual.
Acid Sulfate Soils Planning Map means the series of sheets (1–9) of the map marked “Acid Sulfate Soils Planning Map” kept in the office of the Council.
actual acid sulfate soils are soils containing highly acidic soil horizons or layers resulting from the oxidation of soil materials that are rich in sulfides, primarily pyrite. This oxidation produces acidity in excess of the sediment’s capacity to neutralise the acidity resulting in soils of pH 4 or less.
emergency works means the repair or replacement of any part of a utility installation or associated infrastructure:
(a)  to address or prevent malfunction or damage resulting from natural disaster, accident, vandalism or similar events, and
(b)  includes work reasonably necessary to prevent or limit any further damage or malfunction.
potential acid sulfate soils are soils which contain iron sulfides or sulphuric material which have not been exposed to air and oxidised. The field pH of these soils in their unoxidised state is pH>4 and may be neutral or slightly alkaline.
routine maintenance works means works occurring on a regular or recurrent basis which maintain public utility installations and associated infrastructure in good working order, but does not include works intended to increase the design capacity of an installation, extension of reticulation systems or works which involve the deepening of any drain. Such works include periodic inspection, replacement of existing pipes or cable, cleaning, clearing of drains to a depth or profile specified in an Acid Sulfate Soils Plan of Management.
works includes:
(a)  any disturbance of more than one tonne of soil at or below the depth specified in the table to subclause (2) (including, but not limited to, the construction or maintenance of drains, extractive industries, agriculture, dredging, the construction of artificial waterbodies (including canals, dams and detention basins) or foundations, or flood mitigation works), or
(b)  any other works that are likely to lower the watertable.
cl 51A: Ins 26.3.2004. Am 2008 (571), Sch 3.148 [6]; 2010 (6), Sch 1 [8]–[10].
Division 2 Provisions relating to specific land
52   Certain development at Salamander Way, Salamander Bay (Horizons)
(1)  This clause applies to Lot 153, DP 801973, Salamander Bay.
(2)  A person may, with the consent of the consent authority:
(a)  erect not more than 251 dwellings on the land to which this clause applies, and
(b)  carry out on that land development for commercial or retail purposes, provided that the land used for those purposes does not exceed 600 square metres in area.
(3)  The consent authority must not consent to a development application required by this clause unless it has considered:
(a)  an analysis of the existing surface and ground water quality and hydrological regime and an assessment of any changes likely to result from the proposed development, and
(b)  a description of the measures to be taken to guard against actual and potential disturbances to the vegetation, fauna, water quality and hydrological regime resulting from the carrying out of the development.
(4)  The Council must not consent to the application unless, in its opinion, the measures referred to in subclause (3) (b) are satisfactory.
53   Certain development at Lily Hill Road, Nelson Bay
(1)  This clause applies to Lot 72, DP 861094, Lily Hill Road, Nelson Bay.
(2)  Despite any other provision of this plan, the land to which this clause applies may be subdivided into not more than 11 lots, and not more than one dwelling may be erected on each of those lots.
54   Certain development at Sylvan Avenue, Medowie
(1)  This clause applies to the part of Lot 92, DP 869563, Sylvan Avenue, Medowie, that is shown hatched on the map.
(2)  Notwithstanding any other provisions of this plan, development consent for the subdivision of the land to which this clause applies must not be granted unless the consent authority is satisfied that the appropriate measures have been taken in regard to the protection of koala habitat by:
(a)  identifying building envelopes within which vegetation may be removed, and
(b)  identifying koala movement corridors that the consent authority is satisfied will be maintained, and
(c)  incorporating measures for the restoration and rehabilitation of koala habitat.
54A   Development of land—Medowie Road and South Street, Medowie (Pacific Dunes)
(1)  This clause applies to land within and in the vicinity of the Pacific Dunes Golf Course, Medowie Road and South Street, Medowie, as shown edged heavy black and lettered “Fairway Lots” or “Hillside Lots” on the map marked “Pacific Dunes Residential Area”.
(2)  Despite any other provision of this plan, consent must not be granted to the subdivision of, or the erection of a dwelling-house on, the land to which this clause applies, unless:
(a)  each lot to be created on so much of the land shown edged heavy black and lettered “Fairway Lots” has a minimum area of 600 square metres, and
(b)  each lot to be created on so much of the land shown edged heavy black and lettered “Hillside Lots” has a minimum area of 900 square metres, and
(c)  the proposed dwelling-houses will comply with the provisions of this plan relating to development on land within Zone No 2 (a).
cl 54A: Ins 1.2.2002. Subst 2005 (434), Sch 1 [1].
54B   Certain development at Valerie Road, Salt Ash
Despite any other provision of this plan, not more than one dwelling may be erected on each of Lots 2, 3 and 4, DP 79221, Valerie Road, Salt Ash (as shown edged heavy black on the map marked Port Stephens Local Environmental Plan 2000 (Amendment No 5)).
cl 54B: Ins 26.4.2002.
54C   Height of buildings on land bounded by Shoal Bay Road, Dixon Drive and Achilles Street, Nelson Bay
(1)  This clause applies to land bounded by Shoal Bay Road, Dixon Drive and Achilles Street, Nelson Bay, as shown edged heavy black on Sheet 2 of the map marked “Port Stephens Local Environmental Plan 2000 (Amendment No 27)” (the Height of Buildings Map).
(2)  Despite any other provision of this plan, the height of a building on the land to which this clause applies is not to exceed the maximum height shown for the land (or part of the land) on the Height of Buildings Map
cl 54C: Ins 2008 (201), Sch 1 [1].
Division 3 Heritage provisions
55   Protection of heritage items, heritage conservation areas and relics
(1)  The following development may be carried out only with development consent:
(a)  demolishing, defacing, damaging or moving a heritage item or a building, work, relic, tree or place within a heritage conservation area,
(b)  altering a heritage item or a building, work or relic within a heritage conservation area by making structural changes to its exterior,
(c)  altering a heritage item or a building, work or relic within a heritage conservation area by making non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect its heritage significance,
(d)  moving a relic, or excavating land for the purpose of discovering, exposing or moving a relic,
(e)  erecting a building on, or subdividing, land on which a heritage item is located or which is within a heritage conservation area.
(2)  Development consent is not required by this clause if the consent authority is of the opinion that the proposed development would not adversely affect the heritage significance of the heritage item or heritage conservation area.
(3)  When determining a development application required by this clause, the consent authority must take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area.
Note—
The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
(4)  The consent authority may refuse to grant consent to a development application required by this clause unless it has considered a conservation plan that assesses the impact of the proposal on the heritage significance of the item and its setting, or of the heritage conservation area. A conservation plan is a document establishing the heritage significance of a heritage item or a heritage conservation area and identifying conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
cl 55: Am 2008 (571), Sch 3.148 [7].
56   (Repealed)
cl 56: Rep 14.11.2003.
57   Notice of certain heritage development applications
Section 79 of the Act (which provides for the giving of notice, and for the making and consideration of submissions, about proposed development) apply to the demolishing, defacing or damaging of a heritage item or a building, work, relic, tree or place within a heritage conservation area (and to the use of a building or land referred to in clause 61 for a purpose which, but for that clause, would be prohibited by this plan) in the same way as that provision applies to designated development.
cl 57: Am 14.11.2003.
58   (Repealed)
cl 58: Am 14.11.2003. Rep 2008 (571), Sch 3.148 [8].
59   Development of archaeological sites
(1)  The consent authority may grant consent to the carrying out of development on an archaeological site that has Aboriginal heritage significance (such as a site that is the location of an Aboriginal place or a relic, within the meaning of the National Parks and Wildlife Act 1974) only if:
(a)  it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site, being an assessment prepared in accordance with any guidelines for the time being notified to it by the Director-General of National Parks and Wildlife, and
(b)  except where the proposed development is integrated development, it has notified the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and taken into consideration any comments received in response within 21 days after the notice was sent, and
(c)  it is satisfied that any necessary consent or permission required under the National Parks and Wildlife Act 1974 has been granted.
(2)  The consent authority may grant consent to the carrying out of development on an archaeological site that has non-Aboriginal heritage significance only if:
(a)  it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site, being an assessment prepared in accordance with any guidelines for the time being notified to it by the Heritage Council, and
(b)  it is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.
cl 59: Am 2008 (571), Sch 3.148 [9] [10]; 2010 (6), Sch 1 [11] [12].
60   Development in the vicinity of heritage items, heritage conservation areas or archaeological sites
The consent authority must take into consideration the likely effect of the proposed development on the heritage significance of a heritage item, heritage conservation area or archaeological site, and on its setting, when determining an application for consent to carry out development on land in its vicinity.
cl 60: Am 2010 (6), Sch 1 [13].
61   Conservation incentives
(1)  The consent authority may grant consent to the use, for any purpose, of a building that is a heritage item or is within a heritage conservation area, or of the land on which the building is erected, even though the use would otherwise be prohibited by this plan, if it is satisfied that:
(a)  the proposed use would not adversely affect the heritage significance of the item or heritage conservation area, and
(b)  the conservation of the building depends on the granting of the consent.
(2)  When considering an application for consent to erect a building on land on which a heritage item is located or on land within a heritage conservation area, the consent authority may, for the purpose of determining:
(a)  the floor space ratio, and
(b)  the number of parking spaces to be provided on the site,
exclude the floor space of the building from its calculation of the floor space of the buildings erected on the land, but only if the consent authority is satisfied that the conservation of the building depends on it making the exclusion.
Division 4 Additional uses
62   Particular development permitted with consent
Notwithstanding any provision of this plan to the contrary, a person may, with the consent of the consent authority, carry out development on the land referred to in Column 1 of the Table to this clause for the purpose specified (or carry out development of the kind specified) in Column 2 of that Table shown opposite that land, subject to compliance with the development standards (if any) specified in Column 3 of that Table shown opposite that land.
Table
Column 1
Column 2
Column 3
Land
Purpose or kind of development
Development standards
Part Lot 32, DP 733724, Main Road, Medowie
Those uses permitted with or without development consent within Zone No 3 (a) (Business General “A” Zone).
 
Lot 1511, DP 571854, Ferodale Road, Medowie
Those uses permitted with or without development consent within Zone No 3 (a) (Business General “A” Zone).
 
Lot 1, DP 249781, Ferodale Road, Medowie
Timber yard and the fabrication, storage, sale, hire and exhibition of hardware and building materials and associated products.
 
Lot 22, DP 748423, Marsh Road, Bobs Farm
Subdivision into 2 allotments and the erection of a dwelling-house or duplex on each lot so created.
 
Lot 1, DP 616451 and Lot 1, DP 24655, Sturgeon Street, Raymond Terrace
Subdivision of each lot into no more than 2 lots and the erection of not more than one dwelling or duplex on each vacant lot created by the subdivision.
Each allotment must have a minimum area of 4,000 square metres.
Part Portion 66, DP 753200, Italia Road, Balickera
One pre-cast concrete operating facility.
Not more than 1.6 hectares of the land is to be used for pre-casting operations, and the operations are to cease at the termination of the associated quarry operations.
Lots 50–144, DP 715013, Lots 1–13, DP 734433 and Lot 1 DP 810714, Salamander Way, Salamander
Subdivision of dual occupancy housing.
 
Part Lot 16, DP 258848, Nelson Bay Road, Fern Bay
Those uses permitted with or without development consent within Zone No 3 (a) (Business General “A” Zone).
Not more than 1 hectare of the land is to be used.
Lots 4 and 5, DP 233358, Lot 16, DP 258848, Part Water Reserves 61307 and 52573, Part Public Reserve 91676, Part 3, DP 753194, Parts 71, 72, 77, 91, 93 and 100, DP 753192, Road Reserves over Parts 71, 72, 77 and 100, DP 753192 and Parts 172 and 173, DP 753192, Stockton Bight, as shown on the map marked “Sand Mining at Stockton Bight”
Mineral sand mine.
 
Lots 1–26, DP 262789, Frederick Drive, Oyster Cove.
One dwelling or dual occupancy housing on each of the allotments.
 
cl 62, table: Am 26.4.2002; 22.8.2003; 5.9.2003.
Schedule 1 Classification and reclassification of public land as operational land
(Clause 43)
Column 1
Column 2
Column 3
Locality
Description
Any trusts etc not discharged
Raymond Terrace
  
Adelaide Street
Part of Lot 2, DP 880718, part of Lot 1, DP 81992 (formerly Lots 1–5, Section 11, DP 758871), Lot 1, DP 130393, Lots 15–18, DP 567878, Lot 19, DP 567891, Lot 3, DP 578791, Lots 2 and 3 and part of Lot 1, Section 5, DP 758871, Lots 8–11, Section 12, DP 758871 and Lots 3–8, DP 939306, as shown edged heavy black and lettered “Operational” on the map marked “Port Stephens Local Environmental Plan 2000 (Amendment No 17)”
Nil.
Bourke Street
Lot 2, DP 130393, being part of Bourke Street, as shown edged heavy black and lettered “Operational” on the map marked “Port Stephens Local Environmental Plan 2000 (Amendment No 17)”
Nil.
1B Bourke Street
Lot 21, DP 788588, as shown edged heavy black and lettered “Operational” on the map marked “Port Stephens Local Environmental Plan 2000 (Amendment No 30)”
Lease (AE138753) as noted on Certificate of Title Folio Identifier 21/788588.
4 Jacaranda Avenue
Lot 2, DP 1014247
Nil.
sch 1: Subst 9.8.2002. Am 2005 (665), Sch 1 [1]; 2010 (22), Sch 1.
Schedule 2 Heritage
(Dictionary)
Part 1 Heritage items of State significance
Description
 
Duns Creek
 
Lot 101, DP 549398
110 Paterson Road
(803.110)
Duninald House Group—Old Duninald, including mature plantings, and landscape setting
Lot 50, DP 1003101
122 Paterson Road
(803.122)
Duninald House Group—Duninald, including mature plantings, lagoon and landscape setting
Fingal Bay
 
Lot 177, DP 753204
1E Marine Drive
(85.1/5)
Point Stephens Lighthouse Group, including lighthouse station, tower, remains of lighthouse keeper’s cottage
Hinton
 
Lots 36 and 38, DP 975910
42–44 Elizabeth Street
(98.42 and 98.44)
Baptist Church
Pt Lot 31, DP 752487
1 Hinton Road
(99.1)
School of Arts, including two large white marble war memorial plaques
Lots 18–19, DP 1044452
Lots 20–23, DP 1053120
14 and 16 Hinton Road
(99.14 and 99.16)
8 and 14 Swan Street
(104.8 and 104.14)
33 and 43 Hunter Street
(100.33 and 100.43)
Rosemount, including outbuildings, landscape setting and Bunya Pine trees
Lot 1, DP 65422
100 McClymonts Swamp Road
(642.100)
Prospect House, including outbuildings and landscape setting
Paterson Street
Hunter River
Hinton Bridge
Lot 100, DP 808856
20 Paterson Street
(103.20)
Public school, including main building, shelter sheds, memorial gates
Nelson Bay
 
Lot 427, DP 39728
5A Lighthouse Road
(1031.5/1)
Nelson Head Lighthouse, cottage and reserve
Lot 11, DP 841401
390 Nelson Bay Road
(620.390)
Gan Gan Army Camp
Port Stephens
 
Lots 216–219, DP 1044608
35–37 Coxs Lane
(524.35 and 524.37)
40–42 Stockton Bight Track
(1009.40 and 1009.42)
DP 753204
80 Nelson Bay Road
(576.80)
Reserve No 51277
384 Nelson Bay Road
(544.384)
Stockton Beach Dune System, including Aboriginal site and shell middens, ship wrecks, WWII ramparts, tank traps, proofing range, rifle range and tin huts
Raymond Terrace
 
Lot 5, DP 38912
6 Glenelg Street
(289.6)
Part of St Johns Anglican Church Group—former school and rectory
Lot 13, Sec 15, DP 758871
54 Irrawang Street
(295.54)
Part of St Brigid’s Catholic Church Group—St Brigid’s Convent
Lot 16, DP 547042
58 Irrawang Street
(295.58)
Part of St Brigid’s Catholic Church Group—St Brigid’s Church Hall
Lot 11, DP 859130
1 Jacaranda Avenue
(296.1)
Part of St Johns Anglican Church Group—former parish hall
Lot 1, DP 741492
7 King Street
(301.7)
Part of King Street Group—residence (former hotel)
Lot 1, DP 737678
9 King Street
(301.9)
Part of King Street Group—shop (former boot and shoe emporium)
Lot 1, DP 783549
11 King Street
(301.11)
Part of King Street Group—shop and residence (former hardware store)
Lot 5, DP 707022
13 King Street
(301.13)
Part of King Street Group—shop (former grocery store)
Lot 1, DP 301752
14 King Street
(301.14)
Part of King Street Group—hall (former shop and residence)
Pt Lot 5, Sec 4, DP 758871
15 King Street
(301.15)
Part of King Street Group—shop (former Princess Cafe, including leaded glass highlights over front door and windows)
Lot 14, DP 748967
17 King Street
(301.17)
Part of King Street Group—shop (former drapery)
Pt Lot 5, Sec 4, DP 758871
18 King Street
(301.18)
Part of King Street Group—brick warehouse (former bond store)
Lot 12, DP 711577
19 King Street
(301.19)
Part of King Street Group—residence (former shop and residence)
Lot 10, DP 712299
21 King Street
(301.21)
Part of King Street Group—shop (former shop and residence)
Lots 3 and 4, Sec 9, DP 758871
45 and 45A Sturgeon Street
(336.45 and 336.45/1)
Part of St Johns Anglican Church Group—church
Council Subdivision 54/536
48 Sturgeon Street
(336.48)
Part of St Johns Anglican Church Group—rectory and ornamental planting of 2 Araucaria heterophylla (Norfolk Island Pine)
Lot 721, DP 805426
68 Wahroonga Street
(346.68)
Kinross, including stone shed and landscape setting
Lot 10, Sec 11, DP 758871
57–59 William Street
(350.59)
Courthouse
Lot 11, Sec 15, DP 758871
67 William Street
(350.67)
Part of St Brigid’s Catholic Church Group—St Brigid’s Presbytery
Pt Lot 12, Sec 15, DP 758871
69 William Street
(350.69)
Part of St Brigid’s Catholic Church Group—St Brigid’s Church
Seaham
 
Lot 1, DP 563430
325 Italia Road
(799.325)
Balikera House
Lot 10, DP 258195 and Lot 95, DP 42639
26 and 26A Warren Street
(366.26 and 366.26/1)
Seaham Quarry, including interpretive sign originally installed by Professor Edgeworth David
Lots 4–7, Sec 31, DP 758899
47–53 Warren Street
(366.47, 366.49, 366.51 and 366.53)
St Andrew’s Church
Lot 149, DP 1003827
100 Warren Street
(488.100)
Brandon, including house, stables and landscape setting
Shoal Bay
 
Lot 454, DP 705463
2 Shoal Bay Road
(385.2)
Remains of WWII fortifications, Fort Tomaree, including gun bases and torpedo tube bases, torpedo tube jetty
Lot 453, DP 705463
4 Shoal Bay Road
(385.4)
Tomaree Holiday Lodge Precinct
Tanilba Bay
 
Lot 45, DP 16873
31 Admiralty Avenue
(445.31)
Part of Henry Halloran Group—Mosaic Temple of the Stork
Road reserve—Avenue of the Allies (Haig Hexagon)
Part of Henry Halloran Group—Centenary Gateway (Water Arch), including avenue planting of Araucaria heterophylla (Norfolk Island Pine)
Road reserve—Avenue of the Allies (Foch Forum)
Part of Henry Halloran Group—Portal to the Peerless
Lot 1, DP 182666
Reserve No 63326
2B and 2C Caswell Crescent
(449.2/2 and 449.2/3)
Part of Henry Halloran Group—Sunset Park, including 2 stone seats, large stone table, stone fire place and kilns
Lot 2, DP 548644
30 Caswell Crescent
(449.30)
Part of Henry Halloran Group—Stone wall west of Tanilba House
Lot 13, DP 16873
30A Caswell Crescent
(449.30/1)
Part of Henry Halloran Group—Palm Circle—specimens of Livistona australis (Cabbage Tree Palm)
Lot 1, DP 548644
32 Caswell Crescent
(449.32)
Tanilba House, including remnants of convict barracks, garden cottage, water tank, stone walls, circular drive, wishing chair, direction finder, olive tree, rustic pergola and wisteria vine and garden setting, including Bunya Pine and fig tree
Lot 2, DP 182666
Lot 1, DP 848809
Lot 7018, DP 1052527
37A, 37B and 37C Caswell Crescent
(449.37/1, 449.37/2 and 449.37/3)
Part of Henry Halloran Group—Meridian Park, including 6 Phoenix canariensis (Canary Islands Date Palm), remains of circle planting of Livistona australis (Cabbage Tree Palm), stone seat, relocated barbecue and possible site of 3 burials
Lot 36, DP 16873
44 Caswell Crescent
(449.44)
Part of Henry Halloran Group—former summer house, remains of former barbecue and commemorative stone work
Road Reserve,
Pomona Place
Part of Henry Halloran Group—former bathers’ changing room and circular rock wall
Tomago
 
Lot 1, DP 770610
102 Tomago Road
(507.102)
Tomago House Chapel and landscape setting
Lot 1, DP 111486
106 Tomago Road
(507.106)
Tomago House and its landscape setting, including pinetum and pleasure garden
Wallalong
 
Lot 577, DP 864399
76 Wallalong Road
(623.76)
Wallalong House, including stables, outbuildings, gardens and landscape setting
Woodville
 
Clarencetown Road
Paterson River
Dunmore Bridge
Lot 1, DP 137188
235 Clarencetown Road
(603.235)
Former All Saints Church
Lot 101, DP 546779
80 Paterson Road
(604.80)
Stradbroke, including stone barn, and landscaping setting
Part 2 Heritage items of local significance
Description
 
Anna Bay
 
Lot 884, DP 737049
296 Nelson Bay Road
(15.296)
Underground water tank
DP 753204
31A and 33A Ocean Avenue
(16.31/1 and 16.33/1)
Birubi Point Cemetery
Eagleton
 
Lot 2, DP 826917
57 Newline Road
(810.57)
Eagleton Shipyard site
East Seaham
 
East Seaham Road and Road Reserve
Road alignment and indigenous roadside vegetation, including Corymbia maculata (Spotted Gum), Eucalyptus siderophloia (Iron Bark), Eucalyptus fibrosa (Iron Bark), Eucalyptus tereticornis (Forest Red Gum) and Eucalyptus punctata (Grey Gum)
Lot 2, DP 214077
126A New Line Road
(948.126/1)
Seaham Knitting Circle Memorial
Fullerton Cove
 
Lot 11, DP 258848
140 Fullerton Cove Road
(523.140)
Stanley Park House
Glen Oak
 
Lot 227, DP 752497
1998 Clarencetown Road
(624.1998)
Glen Oak School of Arts, including Memorial gates and war memorial plaque
Heatherbrae
 
Pacific Highway Road Reserve (adjacent to Lot 102, DP 807522)
Trees—2 specimen of Ficus macrophylla (Moreton Bay Fig)
Hinton
 
Lot 801, DP 881208
35 Elizabeth Street
(98.35)
Anglican Cemetery
Lot 55, DP 975910
43 Elizabeth Street
(98.43)
Former Police Station
Lot 1, DP 979470
49 High Street
(3.49)
Wallalong/Bowthorne War Memorial
Lot 7002, DP 1052993
7 Hinton Road
(99.7)
Hinton Pioneer Cemetery
Lot 1, DP 75465
2 Paterson Street
(103.2)
Victoria Hotel
Lot 21, DP 770598
13 Paterson Street
(103.13)
Timber cottage
Lot 14, DP 975910
18 Paterson Street
(103.18)
Timber cottage
Lot 70, DP 1045778
26 Paterson Street
(103.26)
Georgian cottage
Lot 802, DP 881208
29 Paterson Street
(103.29)
Former St John the Evangelist Church
Reserve No 10417
17 Swan Road
(104.17)
Grandstand, Stuart Park
Karuah
 
Lot 6, DP 753196
1 Memorial Drive
(122.1)
Karuah Town War Memorial (Memorial Park/Lion Park)
Reserve No 40511
53C Tarean Road
(121.53/3)
Karuah Cemetery
Lemon Tree Passage
 
Lot 1, DP 818801
60 Johnson Parade
(143.60)
Johnson’s Cottage
Nelson Bay
 
Lot 1, DP 507368
16 Christmas Bush Avenue
(192.16)
Former oil-burning street lamp—on boundary of Lot 1, DP 507368 and Lot 60, DP 24943
Laman Street
Road Reserve
Former oil-burning street lamp—corner of Laman Street and Government Road
Reserve No 64421
Pt Lot 154, DP 753204
1A and 8 Laman Street
(221.1/1 and 221.8)
Apex Park Group, including Cenotaph, well, remains of the memorial steps and tree—specimen of Ficus rubiginosa (Port Jackson Fig)
DP 753204
1 Lighthouse Road
(1031.1)
The Native Flora Reserve, including site of former migrant camp, foundations of HMAS Assault, Aboriginal scar tree, burial site and below water artefacts and items including Higgins landing barges, army jeeps, various munitions and anchor of USS Henry S Grant
Reserve No 82387
41A Stockton Street
(239.41/1)
Nelson Bay Cemetery
Raymond Terrace
 
Lot 11, DP 1034823
152 Adelaide Street
Lot 2, DP 868750
14 Swan Street
(1243.152 and 337.14)
Old school hall (Raymond Terrace Public School), including WWI school honour board
Lot 2, Sec 16, DP 758871
155 Adelaide Street
(1243.155)
The Free Presbyterian Church of Eastern Australia
Lot 76, DP 621767
183 Adelaide Street
(1243.183)
Woodlands—timber cottage
Lot 28, DP 753161
193 Adelaide Street
(1243.193)
Tree—specimen of Ficus obliqua (Fig Tree)
Lot 4, DP 811055
12 Binns Street
(265.12)
Roslyn, including house, outbuildings, mature trees and landscape setting
Pt Lot 20, DP 753161
Lot 7008, DP 1051708
1A and 2 Elizabeth Avenue
(283.1/1 and 283.2)
Raymond Terrace Cemetery and Pioneer Hill Cemetery
Pt Lot 2, Sec 9, DP 758871
12 Glenelg Street
(289.12)
Former Ingleburn Private Hospital
Lot 1, DP 739811
3 Hunter Street
(294.3)
Sandstone Block Timber Clad House
Lot 2, DP 522978
7 Hunter Street
(294.7)
Cadell Cottage (former doctor’s house)
Lot 6, DP 38088
11 Irrawang Street
(295.11)
Timber cottage (former mounted police barracks)
Boomerang Park
Lot 1, DP 1018979
17E Irrawang Street
(295.17/5)
Boomerang Park, including former stone quarry and mature tree plantings
Cnr Lot 2, DP 346695
70 Irrawang Street
(295.70)
Bailiwick—cottage
Jacaranda Avenue
Road Reserve (between Glenelg and Swan Streets)
Ornamental planting of Jacaranda trees (Jacaranda mimosifolia)
Lot 1, Sec 23, DP 1014247
2A Jacaranda Avenue
(296.2/99)
Raymond Terrace War Memorial
Lot 13, DP 24939
13 Kia-ora Street
(300.13)
Kia-ora, including mulberry tree beside driveway
Lot 1, DP 79440
16 King Street
(301.16)
Tree—specimens of Ficus macrophylla (Moreton Bay Fig)—The Marriage Trees
Port Stephens Street
Road Reserve (Adam Place)
Ornamental planting of Phoenix canariensis (Canary Islands Date Palm)
Lot 4, Sec F, DP 939306
34 Port Stephens Street
(327.34)
Timber cottage
Lot 41, DP 776800
61 Port Stephens Street
(327.61)
Former Post Office
Lot 3, DP 252996
63 Port Stephens Street
(327.63)
Former Schoolhouse
Pt Lot 10, Sec 3, DP 758871
72 Port Stephens Street
(327.72)
Library (former Mayo’s Building)
Pt Lot 138, DP 24655
1 Sketchley Street (Pacific Highway)
(573.1)
Tree—specimen of Ficus rubiginosa (Port Jackson Fig)
Lot 22, DP 613174
28 Sturgeon Street
(336.28)
Euripides—stone cottage
Lot 23, DP 588932
12 Swan Street
(337.12)
Roeth House—two-storey timber house
Pt Lot 138, DP 24655
8 Wahroonga Street
(346.8)
Sabre jet fighter aircraft on display in Bettles Park
Lot 1, DP 734368
1A William Street
(294.1/1)
Junction Inn
Lot 1, DP 111303
4 William Street
(350.4)
Ralston’s Building (former AJS Bank)
Lot 1, DP 912155
14 William Street
(350.14)
National Australia Bank
Lot 19, DP 770935
56 William Street
(350.56)
Uniting Church, including bell tower and WWI honour board
Lot 10, Sec 11, DP 758871
59 William Street
(350.59)
Police Station
William Bailey Street
Hunter River
Fitzgerald Bridge
Seaham
 
Lot 2, DP 194920
110 East Seaham Road
(811.110)
Burrowel Homestead, off Dixon Street
DP 758899
10 Grape Street
(733.10)
Seaham Cemetery
Lot 1, Sec 31, DP 758899
4 Middle Crescent
(359.4)
Tom McLennan’s Cottage—slab cottage
Lot 17, DP 881861
78A Seaham Road
(488.78/1)
Eskdale House
Lot 1, DP 538498
1 Warren Street
(366.1)
Porphyry Point site
Lot 8, Sec 10, DP 758899
10 Warren Street
(366.10)
School of Arts, including memorial pillars and photographic collection of WWI servicemen, timber war memorial honour board, Friendly Society dispensation and Seaham ferry bell
Soldiers Point
 
Lot 321, DP 595752
147A Soldiers Point Road
(442.147/1)
Grave of Cecilia Cromarty—adjacent to Seaview Crescent
Taylors Beach
 
Lot 636, DP 27628
14 Taylor Road
(432.14)
Tree—specimen of Ficus rubiginosa (Port Jackson Fig)
Wallalong
 
Lot 140, DP 836929
44 McClymonts Swamp Road
(642.44)
Former Wallalong Broom Factory
Williamtown
 
Lot 1, DP 832554
145 Cabbage Tree Road
(520.145)
Devon House, including former Moxey’s slab cottage, dairy, hay shed and slab barn
Lot 1, DP 607447
199 Cabbage Tree Road
(520.199)
St Saviour’s Anglican Church, including WWI memorial plaque
Woodville
 
Pt Lot 24, DP 10074
229 Clarencetown Road
(603.229)
General store and Post Office
Lot 2, DP 782062
27 Paterson Road
(604.27)
Pomfrett’s Cottage—slab cottage
Pt Lot 51, DP 752451
29 Paterson Road
(604.29)
School of Arts
Lot 1, DP 948190
70 Paterson Road
(604.70)
Tressingfield (formerly Carlton Cottage), including gardens and landscape setting
Part 3 Archaeological sites
Description
Raymond Terrace
 
Lot 113, DP 733181
2 Pacific Highway
(319.2)
Irrawang Pottery site
Swan Bay
 
Lot 1, DP 774880
35 Swan Bay Road
(590.35)
Remains of the Port Stephens Fire Brick Company Works
Part 4
  (Repealed)
sch 2: Subst 14.11.2003. Am 2010 (6), Sch 1 [14]–[23].
Schedule 3 Exempt development
(Clause 49)
Development consisting of, or for the purpose of the following:
Exempt development standards and requirements
Private development
 
Access ramps
•  Maximum height 1m above finished ground level.
•  Maximum grade 1:14.
•  Complies with AS 1428.1—2001, Design for access and mobility, Part 1: General requirements for access—New building work.
•  Located wholly within the property boundary.
Advertising signs
 
(a)  Business identification sign
•  Maximum of 1 business identification sign indicating the approved use of the land.
•  Maximum 1.2m length and 0.6m height.
•  Must be fixed to the wall of the building, the front fence of the property, or on a pole with a maximum height of 1.5m above the ground.
•  Located within the property boundary.
(b)  Directory boards for industrial units
•  Maximum 1.5m length and 1.5m height.
•  Must be fixed to the wall of the building, the front fence of the property, or on a pole with the top of the sign to be no more than 2.5m above the ground.
(c)  Fascia sign on land within Zone No 3 (a) (Business General “A” Zone)
•  Must be attached to the fascia or return end of an awning.
•  Must not project above or below the fascia.
•  Must not extend more than 300mm from the fascia.
•  Must not be internally illuminated.
(d)  Flush wall sign on land within Zone No 3 (a) (Business General “A” Zone) and Zone No 4 (a) (Industrial General “A” Zone)
•  Must be attached flush to the wall and must not protrude more than 200mm from the wall.
•  Maximum 2.5m2 in area.
•  Must be securely fixed to the wall.
•  Must not cover mechanical ventilation vents.
(e)  Signage for sporting field fences and scoreboards
•  Maximum 5m length and 0.9m height.
•  Must face the sporting fields.
•  Must be attached to existing fencing or scoreboards.
•  If on a reserve, must be in accordance with any plan of management adopted by Council for the reserve.
(f)  Top hamper sign on land within Zone No 3 (a) (Business General “A” Zone)
•  Must be attached to the transom of a doorway or window of a building.
•  Maximum 2.5m2 in area.
•  Must not extend more than 200mm beyond any building alignment.
•  Must not extend beyond the doorway or window to which it is attached.
(g)  Underawning sign on land within Zone No 3 (a) (Business General “A” Zone)
•  Must be attached to the underside of an awning and erected horizontal to the ground.
•  Must not be less than 2.6m from the ground at any point.
•  Maximum 1.5m2 in area.
•  Must not project beyond the awning.
•  Must be securely fixed with metal supports.
•  Must not affect sight distances or reduce traffic visibility.
Aerials, antennae, microwave antennae (not including satellite dishes)
•  Maximum height 3.6m if mounted on the roof or 6m above ground level if not attached to the dwelling.
•  Maximum diameter of 900mm.
•  Located wholly within the property boundary and behind the building line.
•  Only 1 per building.
•  For domestic use only.
Heritage conservation area and heritage item requirements
•  The method of fixing to the building must be sympathetic to the heritage fabric of the building.
•  Located to the side or rear of the building.
Air conditioning units
•  Must not create offensive noise (ie noise that by reason of its level, nature, character or quality, or at the time at which it is made, is actually or likely to be harmful to a person who is outside the premises from which it is emitted). Where air conditioner noise is audible within another residence, it is potentially offensive noise.
•  Where the air conditioning unit is located within 900mm of a common boundary, a certificate must be provided by a practising acoustic engineer to the effect that, having assessed the design and installation of the air conditioning unit, it is not, while in operation, likely to create offensive noise as defined under the Protection of the Environment Operations Act 1997.
•  Associated building work must not reduce the structural integrity of the building.
•  Any opening created for an air conditioning unit must be suitably weatherproofed.
•  Airflow from an air conditioning unit must be directed so as not to affect adjoining properties.
Heritage conservation area and heritage item requirements
•  Located to the side or rear of the building.
Automatic Teller Machines (ATM) other than ATMs within buildings that are heritage items or within buildings located within a Heritage Conservation Area
•  Must be attached to the wall of a building.
•  Must be wholly enclosed in an arcade or shopping centre or if facing a public footpath or street, setback 1m from the road reserve unless it is turned perpendicular to the street.
•  Allowance must be made for queuing so as not to hinder the free movement of pedestrians.
•  Complies with AS 1428.1—2001, Design for access and mobility, Part 1: General requirements for access—New building work.
•  Must be appropriately lit with satisfactory surveillance.
•  Must include a bin with adequate capacity to discourage littering.
Awnings, canopies, storm blinds on dwelling
•  Maximum area 10m2.
•  Must not encroach more than 1m on the building line.
•  Minimum 675mm from side and rear boundaries.
•  Stormwater must not be directed onto adjoining properties.
•  Located wholly within the property boundaries.
•  Materials used must generally be non-reflective.
Bush fire prone land requirements
•  Materials used must have a Flammability Index no greater than 5.
Heritage conservation area and heritage item requirements
•  Located to the side or rear of the building.
Barbeques
•  Maximum area 10m2 and maximum height 2.4m.
•  Minimum 900mm from side and rear boundaries.
•  Minimum separation 1.8m from adjoining dwellings.
•  Located behind the building line.
•  Not within 6m of an LPG tank, other than the energy source for the barbeque.
Heritage conservation area and heritage item requirements
•  Located to the rear of the building.
Bird aviaries (not for the keeping of poultry)
•  Maximum area 20m2 and maximum height 2.4m.
•  Minimum of 10m from adjoining dwellings.
•  Located behind the rear alignment of the building.
•  Minimum 900mm from side and rear boundaries.
•  Floor must be impervious.
•  Stormwater must not be directed onto adjoining properties.
•  Maximum of 1 per site.
Heritage conservation area and heritage item requirements
•  Architectural style must be in keeping with the existing building.
•  Located to the rear of the building.
Cabanas and gazebos
•  Maximum floor area 20m2 and maximum height 2.7m.
•  Free standing and prefabricated using non-reflective materials.
•  Maximum of 1 per site.
•  Installed to manufacturer’s specifications.
•  Located behind building line setback.
•  Must not cause nuisance to adjoining properties as a result of stormwater run-off or visual intrusion.
•  Minimum 900mm from side and rear boundaries in residential areas and 5m in rural areas.
Bush fire prone land requirements
•  Located more than 10m from the dwelling or complies with AS 3959—1999, Construction of buildings in bushfire-prone areas.
Change of use of a building from:
(a)  1 type of industry to another type of industry
(b)  1 type of warehouse to another type of warehouse
(c)  1 type of industry to a warehouse.
•  The building is lawfully used, or has been lawfully constructed to be used, for industry or light industry.
•  Total floor space is less than 2,000m2.
•  The use is not actually or potentially a hazardous or offensive industry.
•  The use does not require a trade waste agreement.
•  Building must have a current fire safety certificate.
•  Must not involve a change in building classification under the Building Code of Australia.
Change of use of a building from:
(a)  1 type of shop to another type of shop
(b)  1 type of commercial premises to another type of commercial premises
(c)  1 type of shop to commercial premises.
Note—
Restricted premises are separately defined and do not come under the definition of a shop or commercial premises.
•  The building is lawfully used, or has been lawfully constructed to be used, for the purposes of a shop or commercial premises.
•  The use is consistent with the classification of the building under the Building Code of Australia and replaces a former use being carried out in accordance with development consent.
•  The building does not involve the preparation of food for sale or consumption, or involve use as a hairdresser or beauty salon.
•  The different use complies with the conditions of any relevant existing development consent.
•  The different use does not result in an increase in the gross floor area of the building.
•  Building must have a current fire safety certificate.
Charity, clothing and recycling bins
•  Only permissible in residential and commercial zones.
•  Maximum of 3 bins at any 1 location.
•  Area must be kept clean and tidy at all times.
•  Owners’ consent is required prior to placement of the bins.
Clothes hoists or lines
•  Installed to manufacturer’s specifications.
•  Located behind the building line setback.
•  Suitably screened from public view.
Cubby houses and play equipment
•  Maximum height 2.4m.
•  Maximum ground coverage 10m2.
•  Minimum setback 900mm from side and rear boundaries.
•  Installed to manufacturer’s specifications.
•  Timber construction complies with AS 1684, National Timber Framing Code.
•  Located behind the building line setback.
Heritage conservation area and heritage item requirements
•  Located to the rear of the building.
Dams on land within Zone No 1 (a) (Rural Agriculture “A” Zone)
Note—
Approval may be required from the Department of Natural Resources.
•  Must have an outside wall height to the crest of 1m or less.
•  Minimum 10m from the property boundaries.
•  Capacity must not exceed 1 megalitre.
•  Maximum of 1 dam per property.
•  No trees are to be removed or damaged as a result of the dam construction.
•  Spillways must not direct water onto adjoining properties.
Decks and patios
•  Maximum area 25m2.
•  Maximum 1m above existing ground level.
•  Must have sufficient step down to prevent the entry of water into the dwelling.
•  Maximum of 1 per property.
•  Minimum 900mm from side and rear boundaries.
•  A privacy screen must be provided if the deck or patio overlooks the open space of an adjoining dwelling.
•  Located behind the building line.
•  Must be of timber construction or concrete slab on brick supports.
•  Timber construction must comply with AS 1684, National Timber Framing Code.
•  Termite barriers must be installed in accordance with AS 3660, Protection of buildings from subterranean termites, Supp 1—1993: Prevention, Detection and treatment of infestation—Certificate of termiticide application.
Bush fire prone land requirements
•  Complies with AS 3959—1999, Construction of buildings in bushfire-prone areas.
Heritage conservation area and heritage item requirements
•  Located behind the rear of the building.
Demolition other than demolition of:
(a)  a building that is a heritage item, or
(b)  a building adjoining a heritage item, or
(c)  a building within a heritage conservation area, or
(d)  a building within Zone No 3 (a) (Business General “A” Zone).
•  Complies with AS 2601—1991, Demolition of structures.
•  Does not involve the “implosion” method of demolition.
•  Residents in adjoining dwellings must be given a minimum 7 days notice of any work involving asbestos cement.
•  Any work involving asbestos cement must comply with WorkCover Authority’s Guidelines for Practices Involving Asbestos in Buildings.
•  Any work involving lead paint removal must not cause lead contamination of the air or ground.
Fences (other than fences required by the Swimming Pools Act 1992)
•  All fences must be constructed so that they do not prevent the natural flow of stormwater drainage or run-off.
•  Fences fronting a road must have a maximum height of 1m if of solid appearance and 1.5m if the overall fence design is at least 50% transparent.
•  Side and rear fences must not exceed a height of 1.8m.
•  Side fences must not encroach on the front setback area of the dwelling.
Bush fire prone land requirements
•  Must not be constructed of softwood, treated pine or brushwood.
•  If the fence does not connect to a dwelling and has at least 1m separation from a dwelling—must be constructed from hardwood or non combustible material.
Flagpoles
•  Maximum height 6m above existing ground level.
•  Freestanding, not relying on other structures for support.
•  Installed to manufacturer’s specifications.
•  Structural engineer’s certificate required.
•  Maximum of 1 flagpole per lot in residential zones and 3 flagpoles in industrial and commercial zones.
•  Must not project over a public road or adjoining property.
•  Clearance from power lines in accordance with the requirements of the relevant electricity authority.
Fowl houses (for the keeping of poultry) on land within Zone No 1 (a) (Rural Agriculture “A” Zone)
•  Maximum area 50m2 and maximum height 3m.
•  Minimum setback of 5m from side and rear boundaries.
•  Maximum of 1 per site.
•  Located behind the building line setback.
•  Constructed from non-reflective materials that blend with the natural environment.
•  Stormwater must be directed to the street gutter, stormwater main or an absorption pit.
•  Not located over house surcharge or overflow gully.
•  Disposal of manure and wastewater by a method that does not harm or pollute the local or downstream environment.
•  Design and location of structure must mitigate the effects of any offensive smell within the locality.
•  Complies with Schedule 2, Part 5, Division 2 (other than clause 20 (5)) of the Local Government (General) Regulation 2005 (Keeping of poultry).
Fuel tanks (used for agricultural activities or home employment) on land within Zone No 1 (a) (Rural Agriculture “A” Zone)
•  On sites with an area of a least 2 hectares.
•  Maximum capacity 5,000 litres.
•  Bunded with capacity to contain at least 110% of the capacity of the fuel tank.
•  Constructed of prefabricated material.
•  Operated and maintained in accordance with AS 1940—2004, The storage and handling of flammable and combustible liquids.
•  Minimum 20m from the street boundary and 4m from the side and rear boundaries.
•  Wholly within the property boundaries and not to encroach on any registered easements.
•  Minimum of 100m from a creek, river or watercourse.
Garden shed
•  Free standing and prefabricated.
•  Maximum of 1 per site.
•  Maximum floor area 10m2 and maximum height 2.4m.
•  Constructed from non-reflective materials that blend with the natural environment.
•  Located behind the rear alignment of the building.
•  Minimum 900mm from side and rear boundaries.
Bush fire prone land requirements
•  If within a nominated Asset Protection Zone—must be located more than 10m from the dwelling or constructed to meet the requirements of AS 3959—1999, Construction of buildings in bushfire-prone areas.
Gardening, landscaping and paving
•  Must not adversely impact on adjoining properties.
•  Paving or hard surface area covers not more than 25m2.
•  Must not involve excavation or fill deeper than 600mm.
Home-based child care or family day care home
•  The use of the premises for the supervision of a maximum of 7 children in accordance with the definition of home-based child care.
Bush fire prone land requirements
•  On bush fire prone land, is not exempt development.
Home occupation
Note—
See the definition of home occupation in the Dictionary.
Horse shelters (keeping up to 4 horses) and animal shelters on land within Zone No 1 (a) (Rural Agriculture “A” Zone)
•  Maximum of 1 per property.
•  Maximum area 50m2 and maximum height 3m.
•  Minimum of 5m from side and rear boundaries.
•  Constructed of timber (cut or round) or prefabricated metal (including cladding) to AS 1684, Residential timber-framed construction.
•  Constructed from non-reflective materials that blend with the natural environment.
•  Must be more than 6m from any effluent wastewater disposal.
•  Stormwater must be discharged to a point well clear of any buildings or effluent wastewater disposal areas.
•  Design and location of structure must mitigate the effects of any offensive smell within the locality.
•  Disposal of manure and wastewater in a manner that does not harm or pollute the local or downstream environment.
•  Complies with Schedule 2, Part 5, Division 3 (other than clause 21 (4)) of the Local Government (General) Regulation 2005 (Keeping of horses and cattle).
Internal fit out to existing shop or commercial premises (excluding food shops, hairdressers and beauty salons)
•  Non-structural work only (must not include load bearing walls and walls incorporating structural bracing units).
•  Must not reduce light or ventilation.
•  Must not reduce the number or size of exits.
•  Must not involve the enclosure of open areas.
•  Complies with the Building Code of Australia.
Internal alterations to existing single dwellings
•  Non-structural work only (must not include load bearing walls and walls incorporating structural bracing units).
•  Renovations of bathrooms and kitchens including built-in fixtures such as vanities, cupboards and wardrobes.
•  Replacement doors, wall, ceiling or floor linings and deteriorated frame members, must be constructed with equivalent or better quality materials.
•  Must not reduce light or ventilation.
•  Must not reduce the number or size of exits.
•  Must not involve the enclosure of open areas.
•  Residents in adjoining dwellings must be given a minimum 7 days notice of any work involving asbestos cement.
•  Any work involving asbestos cement must comply with WorkCover Authority’s Guidelines for Practices Involving Asbestos Cement in Buildings.
•  Any work involving lead paint removal must not cause lead contamination of the air or ground.
Letterbox
•  Maximum height 1.5m above existing ground level.
•  Appropriate numbering of each letterbox in accordance with postal requirements.
•  Structurally stable with adequate footings.
•  Located at the street frontage.
•  Located wholly within property boundaries.
Pergolas and verandahs
•  Maximum area 25m2 and maximum height 3m.
•  No enclosed walls.
•  A privacy screen must be provided if the pergola or verandah overlooks the open space of an adjoining dwelling.
•  Maximum of 1m above existing ground level.
•  Maximum of 1 per dwelling.
•  Sufficient step down must be provided to prevent the entry of water into the dwelling.
•  Complies with the relevant Australian Standards and Building Code of Australia.
•  Located wholly within the property boundaries and behind the building line setback.
•  Minimum 900mm from side and rear boundaries.
Bush fire prone land requirements
•  Located more than 10m from the dwelling or constructed to meet the requirements of AS 3959—1999, Construction of buildings in bushfire-prone areas.
Heritage conservation area and heritage item requirements
•  Located behind the rear of the building.
Recladding, painting, plastering, cement rendering or repair, restoration or maintenance of damaged materials
•  Replaces existing materials with similar materials that are compatible with the existing building and finish.
•  Must not involve structural alterations or a change to the external configuration of a building.
•  Residents in adjoining dwellings must be given a minimum 7 days notice of any work involving asbestos cement.
•  Any work involving asbestos cement must comply with WorkCover Authority’s Guidelines for Practices Involving Asbestos Cement in Buildings.
•  Any work involving lead paint removal must not cause lead contamination of the air or ground.
Heritage conservation area and heritage item requirements
•  For maintenance, restoration and repairs only.
•  Materials used must match the existing fabric in all respects.
Retaining walls
•  Maximum height at the site boundary is 600mm where development is 1,300mm or less from the boundary. This may extend to 900mm where the setback proposed is at a greater distance.
•  Maximum height 1m.
•  Minimum distance between retaining walls is 2m.
•  Slopes between retaining walls or terracing must be landscaped and must not be greater than 4 horizontal to 1 vertical.
•  Constructed so as not to prevent the natural flow of stormwater drainage or run-off.
 
•  Masonry walls must comply with AS 3700, Masonry structures, AS 3600, Concrete structures, AS 1170, Loading Code.
•  Timber walls must comply with AS 1720, Timber structures, AS 1170, Loading Code, AS 3660, Termite management.
•  Must not affect existing fencing.
•  Must be located wholly within the property boundaries.
Heritage conservation area and heritage item requirements
•  Located behind the rear alignment of the building.
Rural earthworks
Note—
Approval may be required from the Department of Natural Resources.
•  Minor levelling of land to a maximum depth of 300mm.
•  Minimum 10m from the property boundaries.
•  Excavation must be associated with current development approval (dwelling, shed, retaining wall, etc).
Rural shed (garage, hay shed, machinery shed) on land within Zone No 1 (a) (Rural Agriculture “A” Zone)
•  Permissible only on sites with an area of at least 4,000m2.
•  Maximum area of 75m2.
•  Single storey.
•  Maximum height of 4.2m to the roof and 3.6m to the eaves.
•  Minimum 10m from side and rear boundaries.
•  Located behind the building line and dwelling.
•  Minimum 5m from any effluent disposal area.
•  Maximum of 2 sheds for any 1 property.
•  Constructed from non-reflective materials that blend with the natural environment.
•  Erected in accordance with manufacturer’s specifications.
•  Stormwater must discharge to a rainwater tank or a point well clear of any buildings or effluent wastewater disposal area.
Satellite dishes
•  Installed to manufacturer’s specifications.
•  Maximum height 1.8m and maximum diameter 900mm.
•  Maximum of 1 per property.
•  Minimum 900mm from side and rear boundaries.
•  Located below the ridgeline of the roof.
Shade structures—open weave fabric or mesh shade structures
•  Maximum height 3m and maximum area 40m2.
•  Located behind the dwelling or building.
•  Minimum setback 900mm from side and rear boundaries.
•  Structural engineer’s certificate required for the structure and footings.
Bush fire prone land requirements
•  If within 10m of the dwelling—materials used must have a Flammability Index no greater than 5.
Silo on land within Zone No 1 (a) (Rural Agriculture “A” Zone)
•  Maximum capacity of 60 tonnes.
•  Constructed of prefabricated metal.
•  Freestanding, not relying on other structures for support.
•  Erected in accordance with manufacturer’s specifications.
•  Erected at least 20m from property boundaries.
•  Not to encroach on any registered easement.
•  Clearance from power lines in accordance with the relevant electricity authority.
•  Minimum of 40m from a creek, river or watercourse.
Skylights (non-opening)
•  Maximum area 1m2.
•  No more than 1 per 25m2 of roof area.
•  Associated building work must not involve structural alterations.
•  Any opening created must be adequately waterproofed.
•  Installed to manufacturer’s instructions and Building Code of Australia requirements.
Bush fire prone land requirements
•  Constructed to meet the requirements of AS 3959—1999, Construction of buildings in bushfire-prone areas.
Solar water heaters/panels
•  Installed to manufacturer’s specifications.
•  Installed by a licensed tradesperson.
•  Associated building work must not reduce the structural integrity of the building or involve structural alterations.
•  Any opening created must be adequately waterproofed.
•  Installations are flush with a roof alignment.
Stockyards associated with agricultural activities on land within Zone No 1 (a) (Rural Agriculture “A” Zone)
•  Maximum yard area of ½ hectare.
•  Maximum height 2.4m.
•  Minimum setback of 10m from all property boundaries.
•  Minimum setback of 40m from any dwelling.
•  All run-off must be collected and treated to prevent pollution of any watercourse.
Water heaters (replacement or new installations)
•  Must not create offensive noise (ie noise that by reason of its level, nature, character or quality, or at the time at which it is made, is actually or likely to be harmful to a person who is outside the premises from which it is emitted).
•  The installation must not involve structural alterations.
•  Installed by a licensed tradesperson.
•  Located directly on the ground or in the ground, behind the building line.
Water tanks (at or above ground level)
•  Maximum capacity of 10,000 litres in residential zones and 60,000 litres in rural zones.
•  Minimum setback 900mm to side and rear boundaries.
•  Maximum height 2.4m.
•  Located behind the building line and the dwelling.
•  Noise from the pumps must comply with the Protection of the Environment and Operations Act 1997.
•  Installed to manufacturer’s specifications.
•  Overflow must be directed to an existing stormwater disposal system, street, absorption pit or drainage easement.
Windmills (for pumping water—not commercial power generation) on land within Zone No 1 (a) (Rural Agriculture “A” Zone)
•  Located wholly within property boundaries.
•  Freestanding, not relying on other structures for support.
•  Structural engineer’s certificate required for the structure and footings.
•  Maximum height 15m.
Windows, glazed areas and external doors
•  Replacement in residential premises with windows that comply with AS 1288—2006, Glass in buildings—Selection and installation and AS/NZS 2208:1996, Safety glazing materials in buildings (Human Impact Considerations).
•  No reduction in light or ventilation.
•  No increase in size.
•  Alterations must comply with the Building Code of Australia and the structural integrity of the building must not be affected.
•  Any work involving asbestos cement must comply with WorkCover Authority’s Guidelines for Practices Involving Asbestos Cement in Buildings.
•  Any work involving lead paint removal must not cause lead contamination of the air or ground.
Bush fire prone land requirements
•  Constructed to meet the requirements of AS 3959—1999, Construction of buildings in bushfire-prone areas.
Heritage conservation area and heritage item requirements
•  Involves repairs or maintenance only.
•  The new glazing and frame must match the existing fabric in all respects.
Council development
 
Amenities buildings on public land
•  Maximum area 50m2 and maximum height 6m.
•  Consistent with any plan of management adopted by Council under the Local Government Act 1993.
•  Complies with AS 1428.1—2001, Design for access and mobility, Part 1: General requirements for access—New building work.
•  Structural engineer’s certificate required.
Bus shelters
•  Suitably designed and constructed by or for Council.
•  Must reflect the character and amenity of the area.
•  Structurally adequate construction.
•  Not obstruct the line of sight of vehicular traffic.
•  Located to enable safe and convenient access by pedestrians including people with disabilities.
•  Provide all weather comfort for patrons.
•  Maximum area 10m2 and maximum height 2.7m.
•  Non-reflective surface finishes.
Goal posts, playground equipment, sightscreens, scoreboards and similar structures on public land
•  Constructed by or for Council.
•  Installed in accordance with the relevant standards and Building Code of Australia.
•  Located on land under the control of Council.
•  Structural engineer’s certificate required.
Landscaping, bridges, footpaths and staircases on public land
•  Bridges to a maximum span of 5m.
•  Constructed by or for Council.
•  Designed, fabricated and installed in accordance with the Building Code of Australia and AS 4100, Steel structures, AS 1720, Timber structures and AS 3600, Concrete structures.
•  Complies with AS 1428.1—2001, Design for access and mobility, Part 1: General requirements for access—New building work.
Minor structure/building work associated with drainage and water supply on public land and road reserves
•  Consistent with any plan of management adopted by Council under the Local Government Act 1993.
•  Constructed by or for Council.
•  Designed, fabricated and installed so as to be structurally adequate and safe to the public in accordance with the relevant Australian Standards and Building Code of Australia.
Park and street furniture, shade structures, awnings, fencing, monuments, plaques, flagpoles, maintenance sheds and the like, on land under the control of Council.
•  Consistent with any plan of management adopted by Council under the Local Government Act 1993.
•  Constructed by or for Council.
•  Designed, fabricated and installed so as to be structurally adequate and safe for the public in accordance with the relevant Australian Standards and Building Code of Australia.
•  Complies with AS 1428.2—1992, Design for access and mobility, Part 2: Enhanced and additional requirements—Buildings and facilities.
Rotunda/gazebo on public land
•  Maximum area 40m2 and maximum height 6.5m.
•  Consistent with any plan of management adopted by Council under the Local Government Act 1993.
•  Complies with AS 1428.1—2001, Design for access and mobility, Part 1: General requirements for access—New building work.
•  Structural engineer’s certificate required.
•  Located on land under the control of Council.
Security fences
•  Chain-wire type fences.
•  Enclosure of Council owned compounds and depots.
Skate parks and court based facilities on public land
•  Constructed by or for Council.
•  Designed, fabricated and installed so as to be structurally adequate and safe for the public in accordance with the relevant Australian Standards and Building Code of Australia.
•  Located on land under the control of Council.
•  Consistent with a site specific plan of management adopted by Council under the Local Government Act 1993 that identifies the facilities and their location.
Street signs, directional signs and traffic warning signs
•  Constructed by or for Council.
•  Designed, fabricated and installed so as to be structurally adequate and safe for the public in accordance with the relevant Australian Standards and Building Code of Australia.
•  Complies with AS 1428.1—2001, Design for access and mobility, Part 1: General requirements for access—New building work.
Use of Council owned and managed public land (ie markets, circuses, camping and sporting events, and public entertainment on public reserves).
•  Located on land under the control of Council.
•  Operated by or on behalf of Council, or operated by a community group in accordance with an event management plan endorsed by Council.
•  Maximum 3 day event if covered by a generic plan of management under the Local Government Act 1993.
•  If the site is covered by a site specific plan of management, the duration of the event must be in accordance with the site specific plan of management adopted by Council under the Local Government Act 1993.
sch 3: Rep 14.11.2003. Ins 2007 (198), Sch 1 [2].
Schedule 4 Complying development
(Clause 49A)
Development consisting of, or for the purpose of the following:
Complying development standards
New single storey dwellings and alterations/additions to an existing single storey dwelling
Aircraft noise
•  Must comply with AS 2021—2000, Acoustics—Aircraft noise intrusion—Building siting and construction.
Bulk and scale
•  The ground floor level of the structure at any point must not be more than 500mm above natural ground level.
•  The distance between the floor level and the underside of the eaves must not be more than 2.7m.
•  The roof pitch must not be more than 24 degrees and any openings must be flush with the roof pitch.
•  The external wall of any structure must be at least 900mm from the nearest side and rear boundary.
•  The eaves may encroach up to ⅓ of the depth of the side or rear boundary setback.
•  Gable ends exceeding 10m2 are a minimum of 900mm from the side boundary.
•  Building must not exceed a single storey.
Bush fire prone land requirements
•  Must comply with Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006, and AS 3959—1999, Construction of buildings in bushfire-prone areas.
General
•  Building must not be relocated from another site.
•  Building must not be constructed of second hand materials or zincalume.
Heritage conservation area and heritage item requirements
•  Not permitted in relation to heritage items or on land within a heritage conservation area.
Landscaping
•  Minimum 20% of the site must be soft landscaped (ie not a hard surface).
Privacy and security
Windows in a habitable room that are within 9m of, and allow an outlook to, a window of a habitable room in an adjoining dwelling must:
•  be offset from the edge of 1 window to the edge of the other by a minimum distance of 500mm, or
•  have sill heights of at least 1.7m above floor level, or
•  have fixed obscure glazing in any part of the window below 1.7m above floor level, or
•  have a fence no less than 1.8m high erected between the opposing windows.
Site access and parking
•  Minimum of 1 parking space for each one or two bedroom dwelling and two spaces for each dwelling with three or more bedrooms and located at least 6m from the front property boundary.
•  Carports and garages facing the street must not be more than 6m or 50% of the frontage width, whichever is the lesser.
•  Driveways must be located a minimum of 6m from a road boundary intersection.
•  Maximum of 1 driveway is permitted to any residential allotment, with a minimum separation of 1m.
 
Site coverage
•  Dwelling together with any other hardstand area must not occupy more than 60% of the allotment.
•  Minimum of 50m2 of private open space with the principal private open space having a minimum useable area of 35m2 and a minimum dimension of 4m.
Stormwater drainage
Roof stormwater run-off from dwellings and outbuildings must be discharged to an infiltration trench with overflow to:
•  a roadside table drain or drainage channel (with concrete end protection), or
•  a street kerb and gutter using a kerb adaptor, or
•  the rear of an existing drainage pit in the street, or
•  a kerb outlet provided in the existing kerb, or
•  an inter-allotment drainage line provided, or
•  an infiltration pit located within the property and overflow pipe to an existing curb or inter-allotment drainage line provided.
No overflow is required for rural and rural-residential properties provided discharge is a minimum of 10m from the receiving boundary.
Streetscape
•  Dwelling-house must be set back at least 6m from the front property boundary and, if located on a corner allotment, at least 3m from the property boundary on the secondary street.
•  Dwellings must have a front door or window to a habitable room facing the street.
Water and sewer
•  Premises must have appropriate approval from the Hunter Water Corporation to be connected to water and sewer supply.
Internal fit out to existing shops or commercial premises
•  Alterations or renovations to previously completed buildings only.
•  Non-structural work only.
•  Work must not reduce light from windows or ventilation or reduce the number or size of exits or involve enclosure of open areas.
•  Must not create an additional occupancy.
Water and sewer
•  Premises must have appropriate approval from the Hunter Water Corporation to be connected to water and sewer supply.
Carport or detached garage
Bulk and scale
•  Maximum area 40m2.
•  Maximum height of 3m at any point.
•  No enclosing walls for pergolas or carports.
•  Timber construction complies with AS 1684, National Timber Framing Code.
•  Metal construction is of prefabricated design and erected in accordance with manufacturers’ specification.
•  Structure wholly within property boundaries and building line.
•  There is a 900mm side boundary setback if the structure is closer than 900mm to the dwelling.
Bush fire prone land requirements
•  Must comply with Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006, and AS 3959—1999, Construction of buildings in bushfire-prone areas.
Heritage conservation area and heritage item requirements
•  Located behind the rear alignment of the building.
•  1 only.
Site access and parking
•  Carports and garages facing the street must not be more than 6m wide or 50% of the frontage width of the allotment, whichever is the lesser.
•  Driveways must be located a minimum of 6m from a road boundary intersection.
•  Maximum of 1 driveway is permitted to any residential allotment, with a minimum separation of 1m.
Stormwater drainage
Roof stormwater run-off must be discharged to an infiltration trench with overflow to:
•  a roadside table drain or drainage channel (with concrete end protection), or
•  a street kerb and gutter using a kerb adaptor, or
•  the rear of an existing drainage pit in the street, or
•  a kerb outlet provided in the existing kerb, or
•  an inter-allotment drainage line provided, or
•  an infiltration pit located within the property and overflow pipe to an existing curb or inter-allotment drainage line provided.
No overflow is required for rural and rural-residential properties provided discharge is a minimum of 10m from the receiving boundary.
Water and sewer
•  Premises must have appropriate approval from the Hunter Water Corporation to be connected to water and sewer supply if development includes toilet, laundry or bathroom facilities.
Swimming pool (associated with a dwelling)
Bulk and scale
•  Must be located behind the dwelling and at least 6m from the front property boundary.
•  Must be at least 1.5m from the side and rear boundaries.
•  If located on a corner allotment, must be at least 3m from the property boundary on the secondary street.
•  Coping and decking must be no more than 500mm above the existing ground level.
Privacy and security
•  Noise level of any filtration equipment or pumps must not exceed 5dBA above the ambient background noise level when measured at the property boundary.
Legislation and standards
•  Must comply with the Swimming Pools Act 1992, the Swimming Pools Regulation 1998, and AS 1926.2—1995, Swimming pool safety—Location of fencing for private swimming pools.
Heritage conservation area and heritage item requirements
•  Located behind the rear alignment of the building.
Subdivision for the purpose of:
(a)  widening a public road, or
(b)  adjusting a boundary between lots (other than on bush fire prone land), or
(c)  correcting an encroachment on a lot, or
(d)  consolidating lots.
•  Minimum lot sizes comply with this plan.
•  Services associated with a building on a lot affected by the subdivision are contained within the same lot as the building, or appropriate easements are created.
•  The subdivision must not create any additional allotments.
•  Boundary adjustments within Zones Nos 1 (a) and 1 (c) are to have a maximum variation of 10% for both the lot area and the location of the common boundary.
Heritage conservation area and heritage item requirements
•  Boundary adjustments in heritage conservation areas must not result in more than a 5% change in area for each allotment created.
sch 4: Ins 2007 (198), Sch 1 [2]. Am 2007 No 82, Sch 3.19.
Dictionary
abattoir means a building or place used for the slaughter of animals, whether or not it is used for the processing, manufacture or distribution of animal by-products, and includes a knackery.
advertisement means the display of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display includes the erection of a structure or the carrying out of a work.
agriculture means the cultivation of crops, and the keeping and breeding of livestock, bees, worms or poultry and other birds, and the like, for commercial purposes, but does not include an intensive agricultural pursuit, intensive agriculture, or clearing native vegetation.
airport means a landing and taking-off area for civil aircraft, with facilities for aircraft maintenance and passenger arrival and departure.
animal establishment means a building or place in or on which the commercial boarding, breeding, keeping, maintaining, receiving or training of horses, dogs or cats is carried out, and includes riding schools and the like.
appointed day means the day on which this plan takes effect.
aquaculture means the propagation or rearing of marine, freshwater or estuarine fish or other organisms and includes a farm established for that purpose using an artificially created body of water.
archaeological site means a site of archaeological significance listed in Part 3 of Schedule 2.
arterial road means any existing road that predominantly carries through traffic from region to another, identified as being arterial in the Council’s Road Hierarchy Policy.
bed and breakfast establishment means a dwelling-house used (in addition to its use as a principal place of residence) for the provision of temporary accommodation for not more than 6 tourists or travellers at any one time in not more than 3 bedrooms in the dwelling-house.
boarding-house means a building or place:
(a)  where accommodation, meals and laundry facilities are provided to the residents of the building or place, and
(b)  which is the principal place of residence of the majority of residents, and
(c)  which is not licensed to sell liquor under the Liquor Act 1982.
brothel means premises habitually used for the purposes of prostitution. Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution. It includes any premises where acts of prostitution take place, irrespective of any other services which may also be provided, such as massage, relaxation therapy, photography, or other services of a like nature.
building line or setback means the horizontal distance between the property boundary or other stated boundary and a building wall or the outside face of a balcony, deck or the like, or the supporting posts or a carport or verandah roof.
bulky goods sales room or showroom means a building or place used for the retail sale or auction, or the hire or display of goods or materials which are of a size, shape or weight requiring:
(a)  a large area for handling, storage or display, or
(b)  direct vehicular access to the site by the public, for loading items into their vehicles after purchase,
but does not include a building or place used for the sale of foodstuffs or clothing.
bus station means a building or place used as a terminal for the assembly and dispersal of passengers travelling by bus.
bush fire prone land means land recorded as bush fire prone land on a map for the area certified as referred to in section 146 (2) of the Act.
bushfire hazard reduction means the removal, burning or destruction of any inflammable matter or other material necessary for the prevention of the outbreak, spread or extension of a bushfire or other fire.
camp or caravan site means a site used for the purpose of:
(a)  placing moveable dwellings within the meaning of the Local Government Act 1993 for permanent accommodation, or for the temporary accommodation of tourists, or
(b)  the erection, assembly or placement of cabins for the temporary accommodation of tourists.
child care centre means a building or place which is used (whether or not for profit) for the purpose of educating, minding or caring for children (whether or not any of the children are related to the owner or operator), but only if the following conditions are satisfied:
(a)  the children number 6 or more, are under 6 years of age, and do not attend a government school, or a registered non-government school, within the meaning of the Education Act 1990, and
(b)  the building or place does not provide residential care for any of the children (other than those related to the owner or operator).
clearing native vegetation has the same meaning as in the Native Vegetation Act 2003.
Note—
The term is defined as follows:
clearing native vegetation means any one or more of the following:
(a)  cutting down, felling, thinning, logging or removing native vegetation,
(b)  killing, destroying, poisoning, ringbarking, uprooting or burning native vegetation.
(See Division 3 of Part 3 of the Native Vegetation Act 2003 for the exclusion of routine agricultural management and other farming activities from constituting the clearing of native vegetation if the landholder can establish that any clearing was carried out for the purpose of those activities.)
club means a building used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes whether of the same or of a different kind and whether or not the whole or a part of such building is the premises of a club registered under the Registered Clubs Act 1976.
commercial premises means a building or place used as an office or for other business or commercial purposes, but does not include a building or place elsewhere specifically defined in this Dictionary.
community facility means a building or place operated by a public authority or by a corporation which provides for the physical, social, cultural or intellectual development or welfare of the local community, but does not include a building or place defined elsewhere in this Dictionary.
community land means land classified or reclassified as community land within the meaning of the Local Government Act 1993.
Council means the Council of Port Stephens.
dam means a water storage structure with earthen walls or walls made of other material.
demolish a heritage item or a building, work, relic, tree or place within a heritage conservation area means wholly or partly destroy or dismantle the heritage item or building, work, relic, tree or place.
depot means a building or place used for the servicing, repair and storage of any plant, machinery, motor vehicles or stock of materials or spare parts used in the course of any one business or industrial undertaking or public utility undertaking, but does not include any part of the building or place used for sales by retail, wholesale or otherwise.
dual occupancy housing means housing consisting of 2 (but not more than 2) dwellings, whether attached or detached, on a single allotment of land (or which would be on a single allotment were it not for the fact that the allotment is to be subdivided as part of the development that gives rise to the existence of the 2 dwellings on the land concerned).
dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.
dwelling-house means a building containing 1 but not more than 1 dwelling.
earthworks means excavation or filling.
educational establishment means a building or place used as a school, college, university, technical college, academy, lecture hall, gallery or museum, and includes the use of the building or place for any community use, commercial operation or associated ancillary uses, but does not include a building used wholly or principally as an institution or child care centre.
environmentally sensitive area of State significance means:
(a)  coastal waters of the state, or
(c)  land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997, or
(d)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention, or
(e)  land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance, or
(f)  land reserved as a State conservation area under the National Parks and Wildlife Act 1974, or
(g)  land, places, buildings or structures listed on the State Heritage Register, or
(h)  land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes, or
(i)  land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994.
exhibition home means a building not used for residential purposes, constructed as a dwelling, and temporarily on display to the public for promotional purposes and includes a sales office.
extractive industry means:
(a)  the winning of extractive material including sand, gravel, clay, turf, soil, rock, stone or similar substances, or
(b)  an undertaking, not being a mine, which depends for its operations on the winning of extractive material from the land upon which it is carried on, and includes any washing, crushing, grinding, milling or separating into different sizes of that extractive material on that land.
flood prone land means land indicated on the map marked “Flood Prone Land” as amended from time to time.
forestry includes arboriculture, silviculture, forest protection, the cutting, dressing and preparation, other than in a sawmill, of wood and other forest products and the establishment of roads required for the removal of wood and forest products and for forest protection.
gross floor area means the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the outer face of the external closing walls as measured at a height of 1,400 millimetres above each floor level excluding:
(a)  columns, fin walls, sun control devices and any elements, projections or works outside the general line of the outer face of the external walls, and
(b)  lift towers, cooling towers, machinery and plant rooms and ancillary storage space and vertical air-conditioning ducts, and
(c)  car-parking needed to meet any requirements of the council and any internal access thereto, and
(d)  space for the loading and unloading of goods.
hazardous industry means an industry which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (such as measures to isolate the industry from other land in the locality that is used or likely to be used, for other purposes) would pose a significant risk in the locality:
(a)  to human health, life or property, or
(b)  to the biophysical environment.
hazardous storage establishment means a building or place at which goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (such as measures to isolate the establishment from other land in the locality that is used, or likely to be used, for other purposes), would pose a significant risk in the locality:
(a)  to human health, life or property, or
(b)  to the biophysical environment.
health care professional means a person who provides professional health services to members of the public, and includes:
(a)  a podiatrist registered under the Podiatrists Act 1989,
(b)  a chiropractor or osteopath or chiropractor and osteopath registered under the Chiropractors and Osteopaths Act 1991,
(c)  a physiotherapist registered under the Physiotherapists Registration Act 1945, and
(d)  an optometrist registered under the Optometrists Act 1930.
health consulting rooms means a room or a number of rooms forming either the whole of or part of, attached to or within the curtilage of a dwelling-house and used by not more than two legally qualified medical practitioners or by not more than two dentists within the meaning of the Dentists Act 1989, or by not more than two health care professionals, who practise therein the profession of medicine, dentistry or health care respectively, and if more than one, practise in partnership, and who employ not more than two employees in connection with that practice.
height, in relation to a building, means the maximum height of the building measured vertically from the natural ground level or the finished ground level of the completed building, whichever is the lower.
helicopter landing site means a place not open to the public used for the take off and landing of helicopters.
heliport means a place open to the public used for the take-off and landing of helicopters, whether or not it includes:
(a)  a terminal building, or
(b)  facilities for the parking, storage or repair of helicopters.
heritage conservation area means land shown edged heavy black on the map marked “Port Stephens Heritage Conservation Area” and includes buildings, works, relics, trees and places situated on or within that land.
heritage item means a building, work, relic, tree or place (which may or may not be situated on or within land that is a heritage conservation area) listed in Part 1 or 2 of Schedule 2.
heritage item of local significance means a heritage item listed in Part 2 of Schedule 2.
heritage item of State significance means a heritage item listed in Part 1 of Schedule 2.
heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
home-based child care or family day care home means a dwelling used by a resident of the dwelling for the supervision and care of one or more children and which satisfies the following conditions:
(a)  the person providing the child care is appropriately licensed under the Children and Young Persons (Care and Protection) Act 1998,
(b)  the number of children at the dwelling (including children related to the carer or licensee) does not at any one time exceed 7 children under the age of 12 years, including no more than 5 who do not ordinarily attend school.
home employment means the use of any land or buildings within an allotment on which a dwelling is located, for any office, industry or business, but only where such use:
(a)  is undertaken by the permanent residents of the dwelling whether or not others are also employed, and
(b)  does not interfere with the amenity of the adjoining properties or the locality in which the dwelling is situated, and
(c)  does not involve exposure to view from any adjacent premises or from any public place of any unsightly matter, and
(d)  does not require the provision of any essential service main of a greater capacity than that available in the locality,
but does not include the use of the land or buildings for a home occupation or a brothel.
home occupation means an occupation carried on in a dwelling-house or in a dwelling in urban housing by the permanent residents of the dwelling-house or dwelling which does not involve:
(a)  registration of the building under the Factories, Shops and Industries Act 1962, or
(b)  the employment of persons other than those residents, or
(c)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste waters, waste products or grit or oil or otherwise, or
(d)  the display of goods, whether in a window or otherwise, or
(e)  the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling-house, dwelling, front fence or a pole within the property boundary such that the height of the sign is not more than 1.5m, to indicate the name and occupation of the resident), or
(f)  the sale of items (whether goods or materials) or the exposure or offer for sale of items, by retail.
hospital means a building or place (other than an institution) used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, care for people with developmental disabilities, psychiatric care or counselling and services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes:
(a)  ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or restaurants and ancillary accommodation for persons receiving health care or for their visitors, and
(b)  facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers, and whether or not any such use is a commercial use.
hotel means the premises to which a hotelier’s licence granted under the Liquor Act 1982 relates.
industry means the manufacturing, assembling, altering, repairing, renovating, preparing, ornamenting, finishing, cleaning, washing, breaking up, or adapting of any goods or any articles or any part of an article for trade or sale or gain, or as ancillary to any business, but does not include an activity elsewhere defined in this Dictionary.
institution means a penal or reformative establishment.
intensive agricultural pursuit (in relation to land in the Williams River catchment) means the use of land for agricultural purposes which include market gardening, mushroom growing, fruit growing, flower growing, viticulture, milking in a shed designed for that purpose, aquaculture or intensive animal husbandry, but does not include the use of an animal boarding or training establishment or any cultivation or husbandry carried out mainly for the personal enjoyment or consumption of its produce by the owner or occupier of the land.
intensive agriculture (except in relation to land in the Williams River catchment) means any form of agriculture or horticulture which:
(a)  involves the confinement in an area with watering and feeding facilities where the animals are completely hand or mechanically fed for the purpose of production, or
(b)  requires particular treatment or practices for the management of liquid or solid wastes to prevent the pollution of any part of the environment, or
(c)  requires separation from surrounding land uses to minimise the risk of land use conflict or for any other reason.
intensive animal husbandry means the commercial breeding, boarding or nurturing, by a feeding method other than natural grazing, of cattle, pigs, sheep, goats, poultry or other livestock and may involve:
(a)  feed lots containing more than 5 cattle, and
(b)  piggeries containing more than 5 pigs, and
(c)  poultry farming establishments containing more than 20 birds.
liquid fuel depot means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquid.
main road means a main road within the meaning of the Roads Act 1993.
maintenance in relation to a heritage item or a building, work, relic, tree or place within a heritage conservation area, means ongoing protective care. It does not include alterations, such as carrying out extensions or additions, or the introduction of new materials or technology.
maintenance dredging means removal of material from the sea or harbour bed or the bed of a river where the activity is for the purpose of maintaining the previously established harbour or river depth.
major road frontage in relation to land, means the frontage of that land to:
(a)  a main or arterial road, or
(b)  a road connecting with a main or arterial road, if the whole or any part of the frontage is within 90 metres (measured along the road alignment of the connecting road) of the alignment of the main or arterial road.
marina means a pontoon, jetty, pier, wharf or the like, used or intended to be used to provide moorings for boats used for pleasure, recreation or commercial purposes and includes:
(a)  slipways, and
(b)  facilities for the repair, maintenance and fuelling of or the provision of accessories and parts for, boats or boating enthusiasts, and
(c)  facilities for the storage or provision of food, and
(d)  facilities for wholesale and retail sales, and for commercial, industrial and heavy engineering works and other activities connected with the fishing industry.
market means an open-air area or an existing building used for the purpose of selling, exposing or offering goods, merchandise or materials for retail sale by independent stall holders, and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis.
material recycling facility means land used for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods or used for the collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of parts thereof.
medical centre means a building or place used for the purpose of providing professional health services (such as preventative care, diagnosis, medical or surgical treatment or counselling) to out-patients only.
mineral sand mine means a mine for or in connection with the obtaining of ilmenite, monazite, rutile, zircon or similar materials.
mine means any place at which there is obtained, or from which there is removed, any material to which the Mining Act 1992, the Coal Mines Regulation Act 1982, or the Petroleum (Onshore) Act 1991 applies, and includes a place used for the storage and primary processing of the material obtained.
mortuary means a building used for the preparation or storage of bodies before their burial or cremation, and may include a viewing room.
motor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are also sold or displayed therein or thereon.
natural ground level of a site means the level of the site as if the site were undeveloped.
Nelson Bay (West) Area means the land shown edged heavy black on the map marked “Nelson Bay (West) Area” deposited in the office of the Council.
offensive industry means an industry which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (such as measures to isolate the industry from other land in the locality that is used, or likely to be used, for other purposes), would emit a polluting discharge (such as noise) in a manner which would have a significant adverse impact in the locality or on the use of that other land in the locality.
offensive storage establishment means any establishment at which goods, materials or products are stored and which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (such as measures to isolate the establishment from other land in the locality that is used, or likely to be used, for other purposes), would emit a polluting discharge (such as noise) in a manner which would have a significant adverse impact in the locality or on the use of that other land in the locality.
operational land means land classified or reclassified as operational land within the meaning of the Local Government Act 1993.
place of assembly means a public hall, theatre, cinema, music hall, concert hall, dance hall, open-air theatre, drive-in theatre, music bowl or any other building of a like character used as such and whether used for the purposes of gain or not, but does not include a place of public worship, an institution or an educational establishment.
place of public worship means a building or place used for the purpose of religious worship, by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.
precinct, in relation to the Nelson Bay (West) Area, means a precinct shown by black edging and identified as “Foreshore”, “Hill Tops”, “Lower Slopes”, “Town Centre Edge”, “Town Centre Housing”, “Upper Slopes” or “Wahgunyah Neighbourhood”, on the map marked “Nelson Bay (West) Area” deposited in the office of the Council.
private open space means an area of land external to a building that is used for private outdoor purposes ancillary to the use of the building.
public entertainment means entertainment to which admission may ordinarily be gained by members of the public on payment of money or other consideration:
(a)  whether or not some (but not all) persons are admitted free of charge, and
(b)  whether or not the money or other consideration demanded:
(i)  as a charge for a meal or other refreshment before admission is granted, or
(ii)  as a charge for the entertainment after admission is granted.
public land means any land (including a public reserve) vested in or under the control of Council, but does not include:
(a)  a public road, or
(b)  land to which the Crown Lands Act 1989 applies, or
(c)  a common, or
(d)  land subject to the Trustees of Schools of Arts Enabling Act 1902, or
(e)  a regional park under the National Parks and Wildlife Act 1974.
public reserve has the same meaning as in the Local Government Act 1993.
public utility undertaking means any of the following undertakings carried on or permitted 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,
and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Government Department, corporation, firm or authority carrying on the undertaking.
race track means a place used for racing activities involving motor vehicles and includes associated training and servicing whether or not the place is also used in part for a club.
recreation area means:
(a)  a children’s playground,
(b)  an area used for sporting activities or sporting facilities,
(c)  an area used to provide recreational facilities for the physical, cultural or intellectual welfare of the community, and
(d)  an area used by a body of persons associated for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes,
but does not include a racecourse, race track or a showground.
recreation facility means a building or place used for sporting, recreation or leisure activities, whether or not operated for the purpose of gain, but does not include a building or place elsewhere specifically defined in this Dictionary.
relic means any deposit, object or material evidence (which may consist of human remains) relating to:
(a)  the use or settlement of the area of Port Stephens, not being Aboriginal habitation, which is more than 50 years old, or
(b)  Aboriginal habitation of the area of Port Stephens before or after its occupation by persons of European extraction.
restaurant means a building or place used principally for providing prepared food to people for consumption on the premises or to take away (or for preparing both kinds of food).
restricted premises means a building or place at which:
(a)  publications classified Category 1 restricted or Category 2 restricted under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth are shown exhibited, displayed, sold or otherwise rendered accessible or available to the public, or
(b)  a business to which section 578E of the Crimes Act 1900 applies is conducted,
but does not include a newsagency or pharmacy.
retail plant nursery means a building or place primarily used for the retail selling of plants, whether or not it is also used for the sale of landscaping supplies (including earth products) or other landscaping and horticultural products.
reticulated water and sewerage services means water and sewerage services which are part of a system provided or operated (or both) by the responsible water or sewerage authority for the particular area (being Hunter Water Corporation).
road transport terminal means a building or place used for the principal purpose of the bulk handling of goods for transport by road, including facilities for the loading and unloading of vehicles used to transport those goods and for the parking, servicing and repair of those vehicles.
roadside stall means a building or place not exceeding 20 square metres in floor space or area respectively where only primary products produced on the property on which the building or place is situated are exposed or offered for sale or sold by retail.
RTA means the Roads and Traffic Authority constituted under the Transport Administration Act 1988.
rural industry means the handling, treating, processing or packing of primary products and the processing of extractive materials.
service station means a building or place used for the fuelling of motor vehicles and for the sale by retail of petrol, oil or other petroleum products, whether or not the building or place is also used for one or more of the following purposes:
(a)  the hiring of trailers,
(b)  the retail selling or the installing of spare parts and accessories for motor vehicles,
(c)  the washing and greasing of motor vehicles,
(d)  the repairing or servicing of motor vehicles (other than body building, panel beating or spray painting),
(e)  the retail selling or hiring of small consumer goods.
shop means a building or place used for the purposes of selling, exposing or offering for sale by retail, goods, merchandise or materials, but does not include a building or place elsewhere specifically defined in this Dictionary, or a building or place used for a purpose elsewhere specifically defined in this Dictionary.
site coverage means the proportion of a site area covered by buildings. However:
(a)  in relation to residential development, the following are not included for the purpose of calculating site coverage:
(i)  a basement,
(ii)  pedestrian awnings adjoining the street frontage,
(iii)  eaves, and
(b)  in relation to commercial development, the following are not included for the purpose of calculating site coverage:
(i)  a basement,
(ii)  pedestrian awnings adjoining the street frontage,
(iii)  unenclosed pedestrian decks adjoining the street frontage,
(iv)  transparent or translucent roof structures over a landscaped area.
swimming pool means an excavation, structure or vessel:
(a)  that is capable of being filled with water to a depth of 300 millimetres or more, and
(b)  that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
and includes a spa pool, but does not include the following:
(c)  a spa bath,
(d)  anything that is situated within a bathroom,
(e)  anything declared by the regulations under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.
telecommunications facility means a tower, pole or mast for the purpose of providing communications by means of electromagnetic energy and includes the construction of the facility, the attachment of the facility to any building or structure, or any activity that is ancillary or incidental to the installation of the facility, but does not include an antenna.
the Act means the Environmental Planning and Assessment Act 1979.
the map means the series of maps marked “Port Stephens Local Environmental Plan 2000”, as amended by the maps (or specified sheets of the map) marked as follows:
Editorial note—
The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.
Port Stephens Local Environmental Plan 2000 (Amendment No 1)
Port Stephens Local Environmental Plan 2000 (Amendment No 3)
Port Stephens Local Environmental Plan 2000 (Amendment No 6)
Port Stephens Local Environmental Plan 2000 (Amendment No 8)
Port Stephens Local Environmental Plan 2000 (Amendment No 14)
Port Stephens Local Environmental Plan 2000 (Amendment No 16)
Port Stephens Local Environmental Plan 2000 (Amendment No 17)
Port Stephens Local Environmental Plan 2000 (Amendment No 19)
Port Stephens Local Environmental Plan 2000 (Amendment No 20)
Port Stephens Local Environmental Plan 2000 (Amendment No 21)—Sheets 1 to 7
Port Stephens Local Environmental Plan 2000 (Amendment No 24)
Port Stephens Local Environmental Plan 2000 (Amendment No 27)—Sheet 1
Port Stephens Local Environmental Plan 2000 (Amendment No 33)
tourist boat means a boat taking fare paying passengers, being a boat that is berthed or based in Port Stephens for more than 20 days per annum.
tourist facility means an establishment providing primarily for tourist accommodation or recreation, or both.
urban housing means housing consisting of 3 or more dwellings (whether attached or detached).
utility installation means a building or work used for a public utility undertaking.
veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purposes of treatment.
warehouse means a building or place used for the storage of goods, merchandise or materials:
(a)  pending their sale and distribution to persons engaged in the retail trade, or
(b)  on a casual or hire basis,
and includes any ancillary showroom.
Williams River means the Williams River and its tributaries (including any creek, stream or land along which water flows permanently or intermittently and which is so shown in respect of the land to which this plan applies on a 1:25,000 topographic map issued by the Department of Land and Water Conservation).
Williams River catchment means the land shown on the map marked “Williams River Catchment Regional Environmental Plan 1997” (kept in the Newcastle office of the Department of Urban Affairs and Planning, and copies of which are kept in the offices of Dungog Shire Council and Port Stephens Council) being the land from which surface water run-off resulting from rainfall flows directly or indirectly in the Williams River.
Dictionary: Am 1.2.2002; 9.8.2002; 15.8.2003; 22.8.2003; 5.9.2003; 7.11.2003; 14.11.2003; 8.4.2004; 2005 (434), Sch 1 [2]; 2005 (665), Sch 1 [2]; 2005 (874), Sch 1 [2]; 2006 (121), Sch 1 [4]; 2007 (198), Sch 1 [3]; 2008 (201), Sch 1 [2]; 2009 (524), Sch 1; 2010 (6), Sch 1 [24]–[26]; 2011 (13), cl 4.