Part 1 Preliminary
1.1 Name of Plan
This Plan is Ballina Local Environmental Plan 2012.
1.1AA Commencement
This Plan commences on 4 February 2013 and is required to be published on the NSW legislation website.
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in Ballina in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.(2) The particular aims of this Plan are as follows—(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,(a) to provide for a sustainable Ballina that recognises and supports community, environmental and economic values through the establishment and maintenance of the following—(i) a built environment that contributes to health and wellbeing,(ii) a diverse and prosperous economy,(iii) a healthy natural environment,(iv) diverse and balanced land uses,(v) healthy, resilient and adaptable communities,(vi) responsible and efficient use of resources,(b) to provide for development that is consistent with Council’s established strategic planning framework for Ballina,(c) to achieve the objectives of the land use zones set out in Part 2 of this Plan,(d) to promote the orderly and efficient use of land having regard to the social and environmental characteristics of the land,(e) to provide for the development of public services and infrastructure.
1.3 Land to which Plan applies
(1) This Plan applies to the land identified on the Land Application Map.(1A) Despite subclause (1), this Plan does not apply to the land identified as “Deferred matter” on the Land Application Map.
1.4 Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5 Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7 Maps
(1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—(a) approved by the local plan-making authority when the map is adopted, and(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.(1AA) (Repealed)(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.(4) For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.Note—The maps adopted by this Plan are to be made available on the official NSW legislation website in connection with this Plan. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
1.8 Repeal of planning instruments applying to land
(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.(2) All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.Note—However, Ballina Local Environmental Plan 1987 continues to apply to the land identified as “Deferred matter” under clause 1.3(1A).
1.8A Savings provision relating to development applications
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.Note—However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.cl 1.8A: Am 2019 (621), Sch 5[1].
1.9 Application of SEPPs
(1) This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.(2) The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—cl 1.9: Am 2016 (310), Sch 4.1.
1.9A Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.(2) This clause does not apply—(a) to a covenant imposed by the Council or that the Council requires to be imposed, or(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.(3) This clause does not affect the rights or interests of any public authority under any registered instrument.(4) Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).cl 1.9A: Am 2019 (621), Sch 5[2]–[4].
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—Rural ZonesRU1 Primary ProductionRU2 Rural LandscapeResidential ZonesR2 Low Density ResidentialR3 Medium Density ResidentialBusiness ZonesB1 Neighbourhood CentreB2 Local CentreB3 Commercial CoreB4 Mixed UseB5 Business DevelopmentB6 Enterprise CorridorIndustrial ZonesIN1 General IndustrialSpecial Purpose ZonesSP2 InfrastructureRecreation ZonesRE1 Public RecreationRE2 Private RecreationEnvironment Protection ZonesE1 National Parks and Nature ReservesWaterway ZonesW1 Natural WaterwaysW2 Recreational Waterwayscl 2.1: Am 2013 (563), Sch 1 [1].
2.2 Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3 Zone objectives and Land Use Table
(1) The Land Use Table at the end of this Part specifies for each zone—(a) the objectives for development, and(b) development that may be carried out without development consent, and(c) development that may be carried out only with development consent, and(d) development that is prohibited.(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.(3) In the Land Use Table at the end of this Part—(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.(4) This clause is subject to the other provisions of this Plan.Notes—1Schedule 1 sets out additional permitted uses for particular land.2Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.3Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).4Clause 2.6 requires consent for subdivision of land.5Part 5 contains other provisions which require consent for particular development.
2.4 Unzoned land
(1) Development may be carried out on unzoned land only with development consent.(2) In deciding whether to grant development consent, the consent authority—(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5 Additional permitted uses for particular land
(1) Development on particular land that is described or referred to in Schedule 1 may be carried out—(a) with development consent, orin accordance with the conditions (if any) specified in that Schedule in relation to that development.(b) if the Schedule so provides—without development consent,(2) This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6 Subdivision—consent requirements
(1) Land to which this Plan applies may be subdivided, but only with development consent.Notes—1If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.2Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.(2) Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.Note—The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
2.7 Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.Note—If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
2.8 Temporary use of land
(1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.(2) Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.(3) Development consent must not be granted unless the consent authority is satisfied that—(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.(4) Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.(5) Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Land Use Table
Note—
A type of development referred to in the Land Use Table is a reference to that type of development only to the extent it is not regulated by an applicable State environmental planning policy. The following State environmental planning policies in particular may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Affordable Rental Housing) 2009 (including provision for secondary dwellings)
State Environmental Planning Policy (Infrastructure) 2007—relating to infrastructure facilities such as those that comprise, or are for, air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
Land Use tbl: Am 2013 (563), Sch 1 [2]; 2015 (308), Sch 1 [1]; 2017 (493), Sch 1.1 [1]; 2017 (726), Sch 2.1; 2017 (742), Sch 1 [1] [2]; 2018 (488), Sch 1.1 [1] [3]; 2019 (137), Sch 6 [1] [2]; 2019 (501), Sch 1[1]; 2019 (621), Sch 3.
Zone RU1 Primary Production
1 Objectives of zone• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.• To encourage diversity in primary industry enterprises and systems appropriate for the area.• To minimise the fragmentation and alienation of resource lands.• To minimise conflict between land uses within this zone and land uses within adjoining zones.• To maintain the rural, cultural and landscape character of the locality.• To enable development that is compatible with the rural and environmental nature of the land.• To ensure that there is not unreasonable or uneconomic demands for the provision of public infrastructure.2 Permitted without consentEnvironmental protection works; Extensive agriculture; Home-based child care; Home occupations; Intensive plant agriculture3 Permitted with consentAirstrips; Animal boarding or training establishments; Aquaculture; Boat launching ramps; Boat sheds; Car parks; Cellar door premises; Cemeteries; Dual occupancies; Dwelling houses; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Helipads; Home businesses; Home industries; Home occupations (sex services); Information and education facilities; Intensive livestock agriculture; Jetties; Markets; Mooring pens; Moorings; Open cut mining; Recreation areas; Recreation facilities (outdoor); Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Sewerage systems; Signage; Tourist and visitor accommodation; Turf farming; Water recreation structures; Water supply systems4 ProhibitedAdvertising structures; Backpackers’ accommodation; Hotel or motel accommodation; Serviced apartments; Any other development not specified in item 2 or 3
Zone RU2 Rural Landscape
1 Objectives of zone• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.• To maintain the rural landscape character of the land.• To provide for a range of compatible land uses, including extensive agriculture.• To minimise the fragmentation and alienation of resource lands.• To minimise conflict between land uses within the zone and land uses within adjoining zones.• To enable small-scale tourist-orientated development that is compatible with the rural nature of the land.• To encourage development that involves restoration or enhancement (or both) of the natural environment if consistent with the production and landscape character of the land.• To enable development that does not adversely impact on the natural environment, including habitat and waterways.• To ensure that there is not unreasonable or uneconomic demands (or both) for the provision of public infrastructure.2 Permitted without consentEnvironmental protection works; Extensive agriculture; Home-based child care; Home occupations; Intensive plant agriculture3 Permitted with consentAgriculture; Airstrips; Animal boarding or training establishments; Aquaculture; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Correctional centres; Crematoria; Depots; Dual occupancies; Dwelling houses; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Function centres; Helipads; Home businesses; Home industries; Home occupations (sex services); Information and education facilities; Jetties; Kiosks; Liquid fuel depots; Marinas; Markets; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Public administration buildings; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Sewerage systems; Signage; Storage premises; Tourist and visitor accommodation; Turf farming; Vehicle repair stations; Veterinary hospitals; Water recreation structures; Water supply systems; Wharf or boating facilities4 ProhibitedAdvertising structures; Backpackers’ accommodation; Hotel or motel accommodation; Self-storage units; Serviced apartments; Any other development not specified in item 2 or 3
Zone R2 Low Density Residential
1 Objectives of zone• To provide for the housing needs of the community within a low density residential environment.• To enable other land uses that provide facilities or services to meet the day to day needs of residents.• To provide for development that is compatible with the character and amenity of the surrounding neighbourhood.• To provide for development that meets the social and cultural needs of the community.• To encourage development that achieves the efficient use of resources such as energy and water.2 Permitted without consentEnvironmental protection works; Home-based child care; Home occupations3 Permitted with consentBed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Dwelling houses; Extensive agriculture; Group homes; Home industries; Hospitals; Hostels; Kiosks; Markets; Oyster aquaculture; Pond-based aquaculture; Respite day care centres; Roads; Roadside stalls; Secondary dwellings; Seniors housing; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 44 ProhibitedAdvertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Dairies (pasture-based); Depots; Eco-tourist facilities; Forestry; Freight transport facilities; Health services facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Industrial retail outlets; Industrial training facilities; Industries; Marinas; Mooring pens; Moorings; Mortuaries; Recreation facilities (major); Registered clubs; Residential accommodation; Restricted premises; Rural industries; Service stations; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Wharf or boating facilities; Wholesale supplies
Zone R3 Medium Density Residential
1 Objectives of zone• To provide for the housing needs of the community within a medium density residential environment.• To provide a variety of housing types within a medium density residential environment.• To enable other land uses that provide facilities or services to meet the day to day needs of residents.• To provide development that is compatible with the character and amenity of the surrounding neighbourhood.• To encourage housing and infrastructure that supports the ageing population.• To provide for development that meets the social and cultural needs of the community.• To encourage development that achieves the efficient use of resources such as energy and water.2 Permitted without consentEnvironmental protection works; Home-based child care; Home occupations3 Permitted with consentAttached dwellings; Boarding houses; Centre-based child care facilities; Community facilities; Extensive agriculture; Group homes; Home industries; Kiosks; Markets; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Respite day care centres; Roads; Roadside stalls; Seniors housing; Tank-based aquaculture; Any other development not specified in item 2 or 44 ProhibitedAdvertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Dairies (pasture-based); Depots; Eco-tourist facilities; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Industrial retail outlets; Industrial training facilities; Industries; Marinas; Mooring pens; Moorings; Mortuaries; Pond-based aquaculture; Recreation facilities (major); Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Wharf or boating facilities; Wholesale supplies
Zone B1 Neighbourhood Centre
1 Objectives of zone• To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.• To maintain a distinct retail hierarchy as identified in Council’s strategic planning framework.• To ensure adequate provision of infrastructure to support neighbourhood shopping facilities.• To ensure a safe and accessible built environment.• To encourage development that recognises natural, cultural and built heritage.• To encourage development that is compatible with the character of the neighbourhood.2 Permitted without consentEnvironmental protection works; Home-based child care; Home occupations3 Permitted with consentBoarding houses; Business premises; Centre-based child care facilities; Community facilities; Dwelling houses; Extensive agriculture; Group homes; Health consulting rooms; Medical centres; Neighbourhood shops; Neighbourhood supermarkets; Oyster aquaculture; Respite day care centres; Roads; Secondary dwellings; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 44 ProhibitedAgriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Exhibition homes; Exhibition villages; Forestry; Freight transport facilities; Garden centres; Hardware and building supplies; Health services facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Landscaping material supplies; Marinas; Markets; Mooring pens; Moorings; Mortuaries; Places of public worship; Plant nurseries; Pond-based aquaculture; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential accommodation; Restricted premises; Roadside stalls; Rural industries; Sex services premises; Specialised retail premises; Storage premises; Timber yards; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste or resource management facilities; Wharf or boating facilities; Wholesale supplies
Zone B2 Local Centre
1 Objectives of zone• To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local areas.• To encourage employment opportunities in accessible locations.• To maximise public transport patronage and encourage walking and cycling.• To maintain a distinct retail hierarchy as identified in Council’s strategic planning framework.• To minimise conflict between land uses within the zone and land uses within adjoining zones.• To ensure a safe and accessible built environment.• To encourage development that recognises natural, cultural and built heritage.• To encourage development that achieves the efficient use of resources such as energy and water.2 Permitted without consentEnvironmental protection works; Home-based child care; Home occupations3 Permitted with consentBoarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Dwelling houses; Educational establishments; Entertainment facilities; Extensive agriculture; Function centres; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Secondary dwellings; Service stations; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Any other development not specified in item 2 or 44 ProhibitedAgriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Exhibition villages; Forestry; Heavy industrial storage establishments; Highway service centres; Industrial retail outlets; Industrial training facilities; Industries; Mooring pens; Moorings; Pond-based aquaculture; Research stations; Residential accommodation; Rural industries; Sex services premises; Storage premises; Vehicle body repair workshops; Warehouse or distribution centres; Waste or resource management facilities
Zone B3 Commercial Core
1 Objectives of zone• To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.• To encourage appropriate employment opportunities in accessible locations.• To maximise public transport patronage and encourage walking and cycling.• To maintain a distinct retail hierarchy as identified in Council’s strategic planning framework.• To enable residential and tourist development that is compatible with the commercial nature of activities in the zone.• To ensure a safe and accessible built environment.• To encourage development that recognises natural, cultural and built heritage.• To encourage development that achieves the efficient use of resources such as energy and water.• To promote active frontages.2 Permitted without consentEnvironmental protection works; Home-based child care; Home occupations3 Permitted with consentCentre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 44 ProhibitedAgriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Camping grounds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Exhibition villages; Extractive industries; Farm buildings; Forestry; Heavy industrial storage establishments; Highway service centres; Industrial retail outlets; Industrial training facilities; Industries; Mooring pens; Moorings; Open cut mining; Pond-based aquaculture; Residential accommodation; Rural industries; Sex services premises; Storage premises; Vehicle body repair workshops; Warehouse or distribution centres; Waste or resource management facilities
Zone B4 Mixed Use
1 Objectives of zone• To provide a mixture of compatible land uses.• To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.• To maintain a distinct retail hierarchy as identified in Council’s strategic planning framework.• To enable residential and tourist development that is compatible with the commercial nature of activities in the zone.• To ensure a safe and accessible built environment.• To encourage development that recognises natural, cultural and built heritage.• To encourage development that achieves the efficient use of resources such as energy and water.2 Permitted without consentEnvironmental protection works; Home-based child care; Home occupations3 Permitted with consentBoarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; High technology industries; Home industries; Hotel or motel accommodation; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Seniors housing; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 44 ProhibitedAgriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Camping grounds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Exhibition villages; Forestry; Heavy industrial storage establishments; Highway service centres; Industrial retail outlets; Industrial training facilities; Industries; Mooring pens; Moorings; Pond-based aquaculture; Rural industries; Rural workers’ dwellings; Sex services premises; Storage premises; Vehicle body repair workshops; Warehouse or distribution centres; Waste or resource management facilities
Zone B5 Business Development
1 Objectives of zone• To enable a mix of business and warehouse uses, and specialised retail premises that require a large floor area, in locations that are close to, and that support the viability of, centres.2 Permitted without consentNil3 Permitted with consentCentre-based child care facilities; Garden centres; Hardware and building supplies; Kiosks; Landscaping material supplies; Oyster aquaculture; Passenger transport facilities; Respite day care centres; Restaurants or cafes; Roads; Signage; Specialised retail premises; Take away food and drink premises; Tank-based aquaculture; Warehouse or distribution centres4 ProhibitedPond-based aquaculture; Any other development not specified in item 2 or 3
Zone B6 Enterprise Corridor
1 Objectives of zone• To promote businesses along main roads and to encourage a mix of compatible uses.• To provide a range of employment uses (including business, office, retail and light industrial uses).• To maintain the economic strength of centres by limiting retailing activity.• To provide for residential uses, but only as part of a mixed use development.• To encourage integrated mixed use development that is centred on business and office-based activity.• To minimise conflict between land uses within the zone and land uses within adjoining zones.• To encourage development that achieves the efficient use of resources such as energy and water.2 Permitted without consentEnvironmental protection works; Home-based child care; Home occupations3 Permitted with consentBoat launching ramps; Business premises; Car parks; Centre-based child care facilities; Community facilities; Depots; Environmental protection works; Flood mitigation works; Food and drink premises; Function centres; Garden centres; Hardware and building supplies; Home businesses; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Jetties; Landscaping material supplies; Light industries; Markets; Mortuaries; Office premises; Oyster aquaculture; Passenger transport facilities; Plant nurseries; Public administration buildings; Recreation facilities (indoor); Registered clubs; Research stations; Respite day care centres; Roads; Rural supplies; Service stations; Sewerage systems; Shop top housing; Signage; Tank-based aquaculture; Timber yards; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Water supply systems; Wholesale supplies4 ProhibitedPond-based aquaculture; Any other development not specified in item 2 or 3
Zone IN1 General Industrial
1 Objectives of zone• To provide a wide range of industrial and warehouse land uses.• To encourage employment opportunities.• To minimise any adverse effect of industry on other land uses.• To support and protect industrial land for industrial uses.• To enable non-industrial uses that are compatible with the industrial nature of the locality.• To provide for the efficient use of industrial land.• To encourage development that achieves the efficient use of resources such as energy and water.• To ensure that development does not expose adjoining uses to hazard risks.2 Permitted without consentEnvironmental protection works3 Permitted with consentAgricultural produce industries; Depots; Freight transport facilities; Garden centres; General industries; Hardware and building supplies; Hospitals; Industrial training facilities; Landscaping material supplies; Light industries; Liquid fuel depots; Neighbourhood shops; Oyster aquaculture; Places of public worship; Plant nurseries; Roads; Rural supplies; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 44 ProhibitedAmusement centres; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Community facilities; Correctional centres; Eco-tourist facilities; Environmental facilities; Exhibition homes; Exhibition villages; Function centres; Hazardous industries; Health services facilities; Heavy industrial storage establishments; Highway service centres; Home-based child care; Mooring pens; Moorings; Offensive industries; Pond-based aquaculture; Recreation facilities (major); Registered clubs; Residential accommodation; Respite day care centres; Rural industries; Schools; Tourist and visitor accommodation; Wharf or boating facilities
Zone SP2 Infrastructure
1 Objectives of zone• To provide for infrastructure and related uses.• To prevent development that is not compatible with or that may detract from the provision of infrastructure.2 Permitted without consentEnvironmental protection works; Roads3 Permitted with consentAquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose4 ProhibitedAny development not specified in item 2 or 3
Zone RE1 Public Recreation
1 Objectives of zone• To enable land to be used for public open space or recreational purposes.• To provide a range of recreational settings and activities and compatible land uses.• To protect and enhance the natural environment for recreational purposes.• To provide for a diversity of development that meets the social and cultural needs of the community.• To provide for public access to open space and natural recreation areas.• To protect and conserve landscapes in environmentally sensitive areas, particularly in foreshore and visually prominent locations.• To provide for development that is consistent with any applicable plan of management.• To encourage development that achieves the efficient use of resources such as energy and water.2 Permitted without consentEnvironmental protection works; Flood mitigation works; Roads3 Permitted with consentAquaculture; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Emergency services facilities; Entertainment facilities; Environmental facilities; Extensive agriculture; Forestry; Function centres; Heliports; Information and education facilities; Jetties; Kiosks; Markets; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Respite day care centres; Restaurants or cafes; Sewerage systems; Signage; Take away food and drink premises; Water recreation structures; Water supply systems; Wharf or boating facilities4 ProhibitedAny development not specified in item 2 or 3
Zone RE2 Private Recreation
1 Objectives of zone• To enable land to be used for private open space or recreational purposes.• To provide a range of recreational settings and activities and compatible land uses.• To protect and enhance the natural environment for recreational purposes.• To enable development that is compatible with the recreational nature and environmental character of the land.• To encourage development that achieves the efficient use of resources such as energy and water.2 Permitted without consentEnvironmental protection works3 Permitted with consentAquaculture; Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Dwelling houses; Electricity generating works; Emergency services facilities; Environmental facilities; Environmental protection works; Extensive agriculture; Flood mitigation works; Forestry; Helipads; Home businesses; Home industries; Home occupations; Hotel or motel accommodation; Jetties; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Respite day care centres; Restaurants or cafes; Roads; Sewerage systems; Signage; Take away food and drink premises; Water recreation structures; Water supply systems; Wharf or boating facilities4 ProhibitedAdvertising structures; Any other development not specified in item 2 or 3
Zone E1 National Parks and Nature Reserves
1 Objectives of zone• To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.• To enable uses authorised under the National Parks and Wildlife Act 1974.• To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.2 Permitted without consentUses authorised under the National Parks and Wildlife Act 19743 Permitted with consentNil4 ProhibitedAny development not specified in item 2 or 3
Zone W1 Natural Waterways
1 Objectives of zone• To protect the ecological and scenic values of natural waterways.• To prevent development that would have an adverse effect on the natural values of waterways in this zone.• To provide for sustainable fishing industries and recreational fishing.• To ensure that development maintains and enhances the integrity of aquatic ecosystems and biodiversity.2 Permitted without consentEnvironmental protection works3 Permitted with consentAquaculture; Boat launching ramps; Boat sheds; Emergency services facilities; Environmental facilities; Jetties; Mooring pens; Moorings; Roads; Signage; Water recreation structures; Wharf or boating facilities4 ProhibitedAdvertising structures; Business premises; Hotel or motel accommodation; Industries; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Zone W2 Recreational Waterways
1 Objectives of zone• To protect the ecological, scenic and recreation values of recreational waterways.• To allow for water-based recreation and related uses.• To provide for sustainable fishing industries and recreational fishing.• To enable activities that meet the social and cultural needs of the community.• To provide for development that is consistent with any applicable plan of management.2 Permitted without consentEnvironmental protection works; Home occupations3 Permitted with consentAquaculture; Boat building and repair facilities; Boat launching ramps; Boat sheds; Car parks; Charter and tourism boating facilities; Electricity generating works; Emergency services facilities; Environmental facilities; Flood mitigation works; Information and education facilities; Jetties; Kiosks; Marinas; Mooring pens; Moorings; Passenger transport facilities; Recreation facilities (outdoor); Roads; Signage; Water recreation structures; Wharf or boating facilities4 ProhibitedIndustries; Multi dwelling housing; Residential flat buildings; Seniors housing; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Part 3 Exempt and complying development
3.1 Exempt development
(1) The objective of this clause is to identify development of minimal environmental impact as exempt development.(2) Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.(3) To be exempt development, the development—(a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and(b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and(c) must not be designated development, and(d) must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.(4) Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—(a) the building has a current fire safety certificate or fire safety statement, or(b) no fire safety measures are currently implemented, required or proposed for the building.(5) To be exempt development, the development must—(a) be installed in accordance with the manufacturer’s specifications, if applicable, and(b) not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.Note—See State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 and Part 5A of the Local Land Services Act 2013.(6) A heading to an item in Schedule 2 is part of that Schedule.
3.2 Complying development
(1) The objective of this clause is to identify development as complying development.(2) Development specified in Part 1 of Schedule 3 that is carried out in compliance with—(a) the development standards specified in relation to that development, andis complying development.(b) the requirements of this Part,Note—See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances.(3) To be complying development, the development must—(a) be permissible, with development consent, in the zone in which it is carried out, and(b) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, 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) A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.(5) A heading to an item in Schedule 3 is part of that Schedule.
3.3 Environmentally sensitive areas excluded
(1) Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.(2) For the purposes of this clause—environmentally sensitive area for exempt or complying development means any of the following—(a) the coastal waters of the State,(b) a coastal lake,(c) land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),(d) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,(e) 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,(f) land within 100 metres of land to which paragraph (c), (d) or (e) applies,(g) land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,(h) land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,(i) land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,(j) land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994,(ja) land the subject of a conservation agreement within the meaning of the National Parks and Wildlife Act 1974,(jb) land the subject of a Trust agreement within the meaning of the Nature Conservation Trust Act 2001,(jc) land the subject of a property vegetation plan within the meaning of the Native Vegetation Act 2003,(jd) land the subject of a biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995,(je) land identified as “Hazard Area” on the Coastal Hazard Areas Map.
Part 4 Principal development standards
4.1 Minimum subdivision lot size
(1) The objectives of this clause are as follows—(a) to ensure that subdivision is compatible with the character of the locality,(b) to ensure that in the case of urban areas—(i) the subdivision pattern reflects and reinforces the current or planned subdivision pattern of the locality, and(ii) lot configurations are suitable to enable development that is consistent with relevant development controls,(c) to ensure that in the case of rural areas—(i) the subdivision pattern reflects and reinforces the agricultural, resource and environmental values of the land, and(ii) the subdivision pattern minimises land use conflict.(2) This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.(3) The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.(4) This clause does not apply in relation to the subdivision of any land—(a) by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or(b) by any kind of subdivision under the Community Land Development Act 1989.
4.1AA Minimum subdivision lot size for community title schemes
(1) The objectives of this clause are as follows—(a) to enable the subdivision of land for the purpose of a community title scheme consistent with lot size subdivision standards that are otherwise applicable.(2) This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 1989 of land in any of the following zones—(a) Zone RU1 Primary Production,(b) Zone RU2 Rural Landscape,(c) Zone R2 Low Density Residential,but does not apply to a subdivision by the registration of a strata plan.(d) Zone R3 Medium Density Residential,(3) The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 1989) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.(4) This clause applies despite clause 4.1.
4.1A Exceptions to minimum lot sizes for certain residential development
(1) The objective of this clause is to encourage housing diversity without adversely impacting on residential amenity.(2) This clause applies to development on land in Zone R3 Medium Density Residential.(3) Development consent may be granted to a single development application for development to which this clause applies that is both of the following—(a) the subdivision of land into 4 or more lots,(b) the erection of a dwelling house, an attached dwelling or a semi-detached dwelling on each lot resulting from the subdivision, if the size of each lot is equal to or greater than—(i) for the erection of a dwelling house—400 square metres, or(ii) for the erection of an attached dwelling—300 square metres, or(iii) for the erection of a semi-detached dwelling—300 square metres.
4.1B Minimum subdivision lot size for strata plan schemes in certain residential, rural and waterway zones
(1) The objective of this clause is to ensure that land to which this clause applies is not fragmented by inappropriate subdivisions.(2) This clause applies to land in the following zones that is used, or is proposed to be used, for residential accommodation or tourist and visitor accommodation—(a) Zone RU1 Primary Production,(b) Zone RU2 Rural Landscape,(c) Zone R2 Low Density Residential,(d) Zone W1 Natural Waterways,(e) Zone W2 Recreational Waterways.(3) The size of any lot resulting from a subdivision of land to which this clause applies for a strata plan scheme (other than any lot comprising common property within the meaning of the Strata Schemes (Freehold Development) Act 1973 or Strata Schemes (Leasehold Development) Act 1986) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.Note—Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that strata subdivision of a building in certain circumstances is specified complying development.
4.1C Erection of rural workers’ dwellings in certain rural zones
(1) The objective of this clause is to ensure the provision of adequate accommodation for employees of existing agricultural or rural industries.(2) This clause applies to land in the following zones—(a) Zone RU1 Primary Production,(b) Zone RU2 Rural Landscape.(3) Development consent must not be granted to the erection of a rural worker’s dwelling on land to which this clause applies, unless the consent authority is satisfied that—(a) the development will be on the same lot as an existing lawfully erected dwelling house, and(b) the development will not impair the use of the land for agricultural or rural industries, and(c) the agricultural or rural industry being carried out on the land has a demonstrated economic capacity to support the ongoing employment of rural workers, and(d) the development is necessary considering the nature of the agricultural or rural industry land use lawfully occurring on the land or as a result of the remote or isolated location of the land, and(e) there will be not more than 1 rural worker’s dwelling on the lot, and(f) the area of the lot is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
4.2 Rural subdivision
(1) The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.(2) This clause applies to the following rural zones—(a) Zone RU1 Primary Production,(b) Zone RU2 Rural Landscape,(baa) Zone RU3 Forestry,(c) Zone RU4 Primary Production Small Lots,(d) Zone RU6 Transition.Note—When this Plan was made it did not include Zone RU4 Primary Production Small Lots or Zone RU6 Transition.(3) Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.(4) However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.(5) A dwelling cannot be erected on such a lot.Note—A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).
4.2A Erection of dwelling houses and dual occupancies on land in certain rural zones
(1) The objectives of this clause are as follows—(a) to minimise unplanned rural residential development,(b) to enable the replacement of lawfully erected dwelling houses or dual occupancies in certain rural zones,(c) to ensure that development is of a scale and nature that is compatible with the environmental capabilities of the land,(d) to protect the primary production potential of the land.(2) This clause applies to land in the following zones—(a) Zone RU1 Primary Production,(b) Zone RU2 Rural Landscape.(3) Development consent must not be granted for the erection of a dwelling house or a dual occupancy on land to which this clause applies unless the land—(a) is a lot that is at least the minimum lot size shown on the Lot Size Map in relation to that land, or(b) is a lot created under this Plan (other than under clause 4.2(3)), or(c) is a lot created before this Plan commenced and on which the erection of a dwelling house or a dual occupancy (attached) was permissible immediately before that commencement, but not if the lot is part of an existing holding, or(d) is a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dwelling house or a dual occupancy (attached) would have been permissible if the plan of subdivision had been registered before that commencement, or(e) is an existing holding, or(f) is a lot or a group of lots identified as having “1 Dwelling opportunity” on the Dwelling Opportunity Reinstatement Map, or(g) would have been a lot or a holding referred to in paragraph (a), (b), (c), (d), (e) or (f) had it not been affected by—(i) a minor realignment of its boundaries that did not create an additional lot, or(ii) a subdivision creating or widening a public road or public reserve or for another public purpose, or(iii) a consolidation with an adjoining public road or public reserve or for another public purpose.Notes—1A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.2Subclause (3)(f) preserves dwelling entitlements that were extinguished by Ballina Local Environmental Plan 1987 (Amendment No 110) but were acknowledged by the Council in writing as being preserved before that amendment was made.(4) Development consent must not be granted under subclause (3) unless—(a) no dwelling house or dual occupancy has been erected on the land, and(b) if a development application has been made for development for the purposes of a dwelling house or dual occupancy on the land—the application has been refused or it was withdrawn before it was determined, and(c) if development consent has been granted in relation to such an application—the consent has been surrendered or it has lapsed.(4A) Development consent must not be granted under subclause (3) for a dual occupancy unless the consent authority is satisfied that—(a) the development will not impair the use of the land or adjoining land for agriculture or rural industries, and(b) each dwelling will use the same vehicular point of access to and from a public road, and(c) the land is physically suitable for the development, and(d) the land will accommodate the on-site disposal and management of sewage for each dwelling.(5) Development consent may be granted for the erection of a dwelling house or a dual occupancy on land to which this clause applies if there is a lawfully erected dwelling house or dual occupancy on the land and the dwelling house or dual occupancy to be erected is intended only to replace either the existing dwelling house or dual occupancy.(5A) If land to which this clause applies is a lot that is comprised of both land to which this Plan applies and land identified as “Deferred Matter” under clause 1.3(1A), a reference in subclauses (4)–(5) to “the land” is a reference to the whole of that lot.(6) Land ceases to be an existing holding for the purposes of subclause (3)(e) if an application for development consent referred to in that subclause is not made in relation to that land before 1 July 2014.(7) In this clause—existing holding means land that—(a) in the former shire of Tintenbar—(i) was a holding on 12 June 1970, and(ii) is still held by the same owner at the time the application for development consent referred to in subclause (3) is lodged, or(b) in the former municipality of Ballina—(i) was a holding on 18 July 1969, and(ii) is still held by the same owner at the time the application for development consent referred to in subclause (3) is lodged.holding means all adjoining land, even if separated by a road or railway, held by the same person or persons.cl 4.2A: Am 2015 (308), Sch 1 [2]; 2017 (742), Sch 1 [3]–[8].
4.2B Exceptions to minimum subdivision lot size for lot boundary adjustments
(1) The objective of this clause is to permit lot boundary adjustments in rural zones that will provide improved agricultural or environmental outcomes without creating additional opportunities for the erection of dwellings.(2) Development consent may be granted for the subdivision of land in a rural zone to create lots of a size that are less than the minimum size shown on the Lot Size Map in relation to that land if the consent authority is satisfied that—(a) the subdivision will not result in the creation of an additional lot or the opportunity for additional dwelling entitlements, or both, on any of the lots, and(b) the subdivision will not adversely impact on the long-term agricultural production potential or environmental characteristics of the lots and the surrounding locality.cll 4.2B, 4.2C: Ins 2014 (18), Sch 1.
4.2C Exceptions to minimum subdivision lot sizes for split zones
(1) The objectives of this clause are as follows—(a) to permit the creation of lots that support urban development in planned urban growth areas,(b) to provide for the subdivision of lots that are within more than one zone but cannot be subdivided under clause 4.1,(c) to ensure that the subdivision occurs in a manner that promotes suitable land uses and development.(2) This clause applies to each lot (an original lot) that contains—(a) land in a residential, business or industrial zone, and(b) land in Zone RU1 Primary Production or Zone RU2 Rural Landscape, or both.(3) Despite clause 4.1, development consent may be granted to subdivide an original lot to create other lots (the resulting lots) if—(a) one of the resulting lots will contain all of the land in Zone RU1 Primary Production or Zone RU2 Rural Landscape that was in the original lot, and(b) each of the other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.(4) Development consent may only be granted if the consent authority is satisfied that the lot to be created under subclause (3)(a)—(a) will be created as a result of a subdivision of land for urban purposes involving land in a residential, commercial or industrial zone, and(b) the lot is suitable for environmental protection, environmental management or agriculture.(5) If the area of land that would comprise the resulting lot created under subclause (3)(a) is of a size that is sufficient to allow the creation of more than one lot each of a size that is not less than the minimum size shown on the Lot Size Map in relation to that land, then not more than that number of lots may be created under subclause (3)(a).cll 4.2B, 4.2C: Ins 2014 (18), Sch 1.
4.3 Height of buildings
(1) The objectives of this clause are as follows—(a) to ensure that the height of buildings is compatible with the bulk, scale and character of the locality,(b) to minimise adverse impacts on existing or future amenity of adjoining properties and the scenic or landscape quality of the locality,(c) to protect significant views from public places.(2) The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
4.3A Exceptions to height of buildings
(1) The objective of this clause is to align building height and flood planning provisions and provide for a consistent point of reference for the measurement of building heights in flood prone areas.(2) This clause applies to land identified as “Minimum Level Australian Height Datum (AHD)” on the Building Height Allowance Map.(3) The maximum height of a building on land to which this clause applies is to be measured from the minimum level AHD permitted for that land on the Building Height Allowance Map.cl 4.3A: Am 2014 (273), Sch 1.
4.4 Floor space ratio
(1) The objectives of this clause are as follows—(a) to ensure that buildings are compatible with the bulk, scale and character of the locality,(b) to minimise adverse impacts on existing or future amenity of adjoining properties and the scenic or landscape quality of the locality.(2) The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.(2A) Despite subclause (2), a dwelling house, a dual occupancy, a semi-detached dwelling or a secondary dwelling must not exceed a floor space ratio of 0.5:1.
4.5 Calculation of floor space ratio and site area
(1) Objectives The objectives of this clause are as follows—(a) to define floor space ratio,(b) to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—(i) prevent the inclusion in the site area of an area that has no significant development being carried out on it, and(ii) prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and(iii) require community land and public places to be dealt with separately.(2) Definition of “floor space ratio” The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.(3) Site area In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be—(a) if the proposed development is to be carried out on only one lot, the area of that lot, or(b) if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.(4) Exclusions from site area The following land must be excluded from the site area—(a) land on which the proposed development is prohibited, whether under this Plan or any other law,(b) community land or a public place (except as provided by subclause (7)).(5) Strata subdivisions The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.(6) Only significant development to be included The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.(7) Certain public land to be separately considered For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.(8) Existing buildings The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.(9) Covenants to prevent “double dipping” When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.(10) Covenants affect consolidated sites If—(a) a covenant of the kind referred to in subclause (9) applies to any land (affected land), andthe maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.(b) proposed development relates to the affected land and other land that together comprise the site of the proposed development,(11) Definition In this clause, public place has the same meaning as it has in the Local Government Act 1993.
4.6 Exceptions to development standards
(1) The objectives of this clause are as follows—(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.(2) Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.(3) Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating—(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and(b) that there are sufficient environmental planning grounds to justify contravening the development standard.(4) Development consent must not be granted for development that contravenes a development standard unless—(a) the consent authority is satisfied that—(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and(b) the concurrence of the Planning Secretary has been obtained.(5) In deciding whether to grant concurrence, the Planning Secretary must consider—(a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and(b) the public benefit of maintaining the development standard, and(c) any other matters required to be taken into consideration by the Planning Secretary before granting concurrence.(6) Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living if—(a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or(b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.Note—When this Plan was made it did not include Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living.(7) After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).(8) This clause does not allow development consent to be granted for development that would contravene any of the following—(a) a development standard for complying development,(b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,(c) clause 5.4,(ca) clause 6.1 or 6.2.(cb) clause 7.12.cl 4.6: Am 2019 (292), Sch 1 [1].
Part 5 Miscellaneous provisions
5.1 Relevant acquisition authority
(1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).Note—If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.(2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
5.2 Classification and reclassification of public land
(1) The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.Note—Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads and certain Crown land). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.(2) The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.(3) The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.(4) The public land described in Part 1 of Schedule 4—(a) does not cease to be a public reserve to the extent (if any) that it is a public reserve, and(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.(5) The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except—(a) those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and(b) any reservations that except land out of the Crown grant relating to the land, and(c) reservations of minerals (within the meaning of the Crown Land Management Act 2016).Note—In accordance with section 30(2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.
5.3 Development near zone boundaries
[Not adopted]
5.4 Controls relating to miscellaneous permissible uses
(1) Bed and breakfast accommodation If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.Note—Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.(2) Home businesses If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 50 square metres of floor area.(3) Home industries If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 50 square metres of floor area.(4) Industrial retail outlets If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed—(a) 25% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, orwhichever is the lesser.(b) 400 square metres,(5) Farm stay accommodation If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.(6) Kiosks If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 10 square metres.(7) Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 100 square metres.(7AA) Neighbourhood supermarkets If development for the purposes of a neighbourhood supermarket is permitted under this Plan, the gross floor area must not exceed 1,000 square metres.(8) Roadside stalls If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 8 square metres.(9) Secondary dwellings If development for the purposes of a secondary dwelling is permitted under this Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater—(a) 60 square metres,(b) 50% of the total floor area of the principal dwelling.(10) Artisan food and drink industry exclusion If development for the purposes of an artisan food and drink industry is permitted under this Plan in an industrial or rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed—(a) 25% of the gross floor area of the industry, orwhichever is the lesser.(b) 400 square metres,cl 5.4: Am 2018 (406), Sch 1.5 [1] [2].
5.5 (Repealed)
5.6 Architectural roof features
(1) The objectives of this clause are as follows—(a) to ensure that architectural roof features to which this clause applies are decorative elements only,(b) to ensure that the majority of roof features are contained within the prescribed building height.(2) Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 4.3 may be carried out, but only with development consent.(3) Development consent must not be granted to any such development unless the consent authority is satisfied that—(a) the architectural roof feature—(i) comprises a decorative element on the uppermost portion of a building, and(ii) is not an Advertising structures, and(iii) does not include floor space area and is not reasonably capable of modification to include floor space area, and(iv) will cause minimal overshadowing, and(b) any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature.
5.7 Development below mean high water mark
(1) The objective of this clause is to ensure appropriate environmental assessment for development carried out on land covered by tidal waters.(2) Development consent is required to carry out development on any land below the mean high water mark of any body of water subject to tidal influence (including the bed of any such water).
5.8 Conversion of fire alarms
(1) This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.(2) The following development may be carried out, but only with development consent—(a) converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,(b) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,(c) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.(3) Development to which subclause (2) applies is complying development if it consists only of—(a) internal alterations to a building, or(b) internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.(4) A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.(5) In this clause—private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.
5.9, 5.9AA (Repealed)
5.10 Heritage conservation
Notes—1Heritage items (if any) are listed and described in Schedule 5. Heritage conservation areas (if any) are shown on the Heritage Map as well as being described in Schedule 5.2Aboriginal cultural heritage items are not included in Schedule 5 of this Plan. Such matters should be assessed as part of considerations under Section 79C of the Environmental Planning and Assessment Act 1979 and with reference to the National Parks and Wildlife Act 1974.(1) Objectives The objectives of this clause are as follows—(a) to conserve the environmental heritage of Ballina,(b) to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,(c) to conserve archaeological sites,(d) to conserve Aboriginal objects and Aboriginal places of heritage significance.(2) Requirement for consent Development consent is required for any of the following—(a) demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance)—(i) a heritage item,(ii) an Aboriginal object,(iii) a building, work, relic or tree within a heritage conservation area,(b) altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item,(c) disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,(d) disturbing or excavating an Aboriginal place of heritage significance,(e) erecting a building on land—(i) on which a heritage item is located or that is within a heritage conservation area, or(ii) on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,(f) subdividing land—(i) on which a heritage item is located or that is within a heritage conservation area, or(ii) on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.(3) When consent not required However, development consent under this clause is not required if—(a) the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development—(i) is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and(ii) would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or(b) the development is in a Cemetery or burial ground and the proposed development—(i) is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and(ii) would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or(c) the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or(d) the development is exempt development.(4) Effect of proposed development on heritage significance The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).(5) Heritage assessment The consent authority may, before granting consent to any development—(a) on land on which a heritage item is located, or(b) on land that is within a heritage conservation area, orrequire a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.(c) on land that is within the vicinity of land referred to in paragraph (a) or (b),(6) Heritage conservation management plans The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.(7) Archaeological sites The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies)—(a) notify the Heritage Council of its intention to grant consent, and(b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent.(8) Aboriginal places of heritage significance The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance—(a) consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and(b) notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.(9) Demolition of nominated State heritage items The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item—(a) notify the Heritage Council about the application, and(b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent.(10) Conservation incentives The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that—(a) the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and(b) the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and(c) the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and(d) the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and(e) the proposed development would not have any significant adverse effect on the amenity of the surrounding area.
5.11 Bush fire hazard reduction
Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without development consent.Note—The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.
5.12 Infrastructure development and use of existing buildings of the Crown
(1) This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under State Environmental Planning Policy (Infrastructure) 2007.(2) This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
5.13 Eco-tourist facilities
[Not adopted]
5.14 Siding Spring Observatory—maintaining dark sky
[Not adopted]
5.15 Defence communications facility
[Not adopted]
5.16 Subdivision of, or dwellings on, land in certain rural, residential or environment protection zones
(1) The objective of this clause is to minimise potential land use conflict between existing and proposed development on land in the rural, residential or environment protection zones concerned (particularly between residential land uses and other rural land uses).(2) This clause applies to land in the following zones—(a) Zone RU1 Primary Production,(b) Zone RU2 Rural Landscape,(c) Zone RU3 Forestry,(d) Zone RU4 Primary Production Small Lots,(e) Zone RU6 Transition,(f) Zone R5 Large Lot Residential,(g) Zone E2 Environmental Conservation,(h) Zone E3 Environmental Management,(i) Zone E4 Environmental Living.(3) A consent authority must take into account the matters specified in subclause (4) in determining whether to grant development consent to development on land to which this clause applies for either of the following purposes—(a) subdivision of land proposed to be used for the purposes of a dwelling,(b) erection of a dwelling.(4) The following matters are to be taken into account—(a) the existing uses and approved uses of land in the vicinity of the development,(b) whether or not the development is likely to have a significant impact on land uses that, in the opinion of the consent authority, are likely to be preferred and the predominant land uses in the vicinity of the development,(c) whether or not the development is likely to be incompatible with a use referred to in paragraph (a) or (b),(d) any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c).
5.17 Artificial waterbodies in environmentally sensitive areas in areas of operation of irrigation corporations
[Not applicable]
5.18 Intensive livestock agriculture
(1) The objectives of this clause are—(a) to ensure appropriate environmental assessment of development for the purpose of intensive livestock agriculture that is permitted with consent under this Plan, and(b) to provide for certain capacity thresholds below which development consent is not required for that development subject to certain restrictions as to location.(2) This clause applies if development for the purpose of intensive livestock agriculture is permitted with consent under this Plan.(3) In determining whether or not to grant development consent under this Plan to development for the purpose of intensive livestock agriculture, the consent authority must take the following into consideration—(a) the adequacy of the information provided in the statement of environmental effects or (if the development is designated development) the environmental impact statement accompanying the development application,(b) the potential for odours to adversely impact on the amenity of residences or other land uses within the vicinity of the site,(c) the potential for the pollution of surface water and ground water,(d) the potential for the degradation of soils,(e) the measures proposed to mitigate any potential adverse impacts,(f) the suitability of the site in the circumstances,(g) whether the applicant has indicated an intention to comply with relevant industry codes of practice for the health and welfare of animals,(h) the consistency of the proposal with, and any reasons for departing from, the environmental planning and assessment aspects of any guidelines for the establishment and operation of relevant types of intensive livestock agriculture published, and made available to the consent authority, by the Department of Primary Industries (within the Department of Industry) and approved by the Planning Secretary.(4) Despite any other provision of this Plan, development for the purpose of intensive livestock agriculture may be carried out without development consent if—(a) the development is of a type specified in subclause (5), and(b) the consent authority is satisfied that the development will not be located—(i) in an environmentally sensitive area, or(ii) within 100 metres of a natural watercourse, or(iii) in a drinking water catchment, or(iv) within 500 metres of any dwelling that is not associated with the development, or a residential zone, or(v) if the development is a poultry farm—within 500 metres of another poultry farm.(5) The following types of development are specified for the purposes of subclause (4)—(a) a cattle feedlot having a capacity to accommodate fewer than 50 head of cattle,(b) a goat feedlot having a capacity to accommodate fewer than 200 goats,(c) a sheep feedlot having a capacity to accommodate fewer than 200 sheep,(d) a pig farm having a capacity to accommodate fewer than 20 breeding sows, or fewer than 200 pigs (of which fewer than 20 may be breeding sows),(e) a dairy (restricted) having a capacity to accommodate fewer than 50 dairy cows,(f) a poultry farm having a capacity to accommodate fewer than 1,000 birds for meat or egg production (or both).(6) For the avoidance of doubt, subclause (4) does not apply to development that is prohibited or that may be carried out without development consent under this or any other environmental planning instrument.(7) In this clause—environmentally sensitive area has the same meaning as in clause 1.5 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.residential zone means Zone RU4 Primary Production Small Lots, Zone RU5 Village, Zone RU6 Transition, Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5 Large Lot Residential, Zone B4 Mixed Use, Zone B6 Enterprise Corridor, Zone E3 Environmental Management or Zone E4 Environmental Living.
5.19 Pond-based, tank-based and oyster aquaculture
(1) Objectives The objectives of this clause are as follows—(a) to encourage sustainable oyster, pond-based and tank-based aquaculture in the State, namely, aquaculture development that uses, conserves and enhances the community’s resources so that the total quality of life now and in the future can be preserved and enhanced,(b) to set out the minimum site location and operational requirements for permissible pond-based and tank-based aquaculture development.(2) Pond-based or tank-based aquaculture—matters of which consent authority must be satisfied before granting consent The consent authority must not grant development consent to carry out development for the purpose of pond-based aquaculture or tank-based aquaculture unless the consent authority is satisfied of the following—(a) that the development complies with the site location and operational requirements set out in Part 1 of Schedule 6 for the development,(b) in the case of—(i) pond-based aquaculture or tank-based aquaculture in Zone R1 General Residential, Zone R2 Low Density Residential or Zone R5 Large Lot Residential—that the development is for the purpose of small scale aquarium fish production, and(ii) pond-based aquaculture in Zone E3 Environmental Management or Zone E4 Environmental Living—that the development is for the purpose of extensive aquaculture, and(iii) tank-based aquaculture in Zone R3 Medium Density Residential, Zone E3 Environmental Management or Zone E4 Environmental Living—that the development is for the purpose of small scale aquarium fish production, and(iv) pond-based aquaculture or tank-based aquaculture in Zone W1 Natural Waterways, Zone W2 Recreational Waterways or Zone W3 Working Waterways—that the development will use waterways to source water.(3) The requirements set out in Part 1 of Schedule 6 are minimum requirements and do not limit the matters a consent authority is required to take into consideration under the Act or the conditions that it may impose on any development consent.(4) Extensive pond-based aquaculture permitted without consent in certain zones Development for the purpose of pond-based aquaculture, that is also extensive aquaculture, may be carried out without development consent if—(a) the development is carried out in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots or Zone RU6 Transition, and(b) the development complies with the site location requirements and operational requirements set out in Part 2 of Schedule 6.(5) Oyster aquaculture—additional matters that consent authority must consider in determining a development application In determining a development application for development for the purpose of oyster aquaculture, the consent authority must consider—(a) any provisions of any aquaculture industry development plan that are relevant to the subject of the development application, and(b) the NSW Oyster Industry Sustainable Aquaculture Strategy.(6) Oyster aquaculture permitted without consent in priority oyster aquaculture areas Development for the purpose of oyster aquaculture may be carried out without development consent—(a) on land that is wholly within a priority oyster aquaculture area, or(b) on land that is partly within and partly outside a priority oyster aquaculture area, but only if the land outside the area is no more than 0.1 hectare in area.(7) Definitions In this clause—aquaculture industry development plan means an aquaculture industry development plan published under Part 6 of the Fisheries Management Act 1994.extensive aquaculture has the same meaning as in the Fisheries Management (Aquaculture) Regulation 2017.NSW Oyster Industry Sustainable Aquaculture Strategy means the third edition of the publication of that title, as published in 2016 by the Department of Primary Industries (within the Department of Industry).priority oyster aquaculture area means an area identified as a priority oyster aquaculture area on a map referred to in Chapter 5.3 of the NSW Oyster Industry Sustainable Aquaculture Strategy, being a map a copy of which is held in the head office of the Department of Primary Industries (within the Department of Industry) and published on that Department’s website.
5.20 Standards that cannot be used to refuse consent—playing and performing music
(1) The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—(a) the playing or performance of music, including the following—(i) the genre of music played or performed, or(ii) whether the music played or performed is live or amplified, or(iii) whether the music played or performed is original music, or(iv) the number of musicians or live entertainment acts playing or performing, or(v) the type of instruments played,(b) whether dancing occurs,(c) the presence or use of a dance floor or another area ordinarily used for dancing,(d) the direction in which a stage for players or performers faces,(e) the decorations to be used, including, for example, mirror balls, or lighting used by players or performers.(2) The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.(3) In this clause—licensed premises has the same meaning as in the Liquor Act 2007.
Part 6 Urban release areas
6.1 Arrangements for designated State public infrastructure
(1) The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.Note—When this Plan was made the urban release area had not been finalised.(2) Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area, 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 in relation to that lot.(3) Subclause (2) does not apply to—(a) any lot identified in the certificate as a residue lot, or(b) any lot to be created by a subdivision of land that was the subject of a previous development consent granted in accordance with this clause, or(c) any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or(d) a subdivision for the purpose only of rectifying an encroachment on any existing lot.(4) This clause does not apply to land in an urban release area if all or any part of the land is in a special contributions area (as defined by section 7.1 of the Act).cl 6.1: Am 2019 (621), Sch 5[5].
6.2 Public utility infrastructure
(1) Development consent must not be granted for development on land in an urban release area unless the Council is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when it is required.(2) This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.
6.3 Development control plan
(1) The objective of this clause is to ensure that development on land in an urban release area occurs in a logical and cost-effective manner, in accordance with a staging plan and only after a development control plan that includes specific controls has been prepared for the land.(2) Development consent must not be granted for development on land in an urban release area unless a development control plan that provides for the matters specified in subclause (3) has been prepared for the land.(3) The development control plan must provide for all of the following—(a) a staging plan for the timely and efficient release of urban land, making provision for necessary infrastructure and sequencing,(b) an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,(c) an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,(d) a network of active and passive recreation areas,(e) stormwater and water quality management controls,(f) amelioration of natural and environmental hazards, including bush fire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected,(g) detailed urban design controls for significant development sites,(h) measures to encourage higher density living around transport, open space and service nodes,(i) measures to accommodate and control appropriate neighbourhood commercial and retail uses,(j) suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.(4) Subclause (2) does not apply to development for any of the following purposes—(a) a subdivision for the purpose of a realignment of boundaries that does not create additional lots,(b) a subdivision of land if all of the lots proposed to be created are to be reserved or dedicated for public open space, public roads or any other public or environmental protection purpose,(c) a subdivision of land in a zone in which the erection of structures is prohibited,(d) proposed development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the proposed development would be consistent with the objectives of the zone in which the land is situated.cl 6.3: Am 2014 (542), Sch 1 [1].
6.4 Relationship between Part and remainder of Plan
A provision of this Part prevails over any other provision of this Plan to the extent of any inconsistency.
Part 7 Additional local provisions
7.1 Acid sulfate soils
(1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.(2) Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.
Works by which the watertable is likely to be lowered.
Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface.
Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface.
7.2 Earthworks
(1) The objective of this clause is to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land(2) Development consent is required for earthworks unless—(a) the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or(b) the earthworks are ancillary to development that is permitted without consent under this Plan or to development for which development consent has been given.(3) Before granting development consent for earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters—(a) the likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development,(b) the effect of the development on the likely future use or redevelopment of the land,(c) the quality of the fill or the soil to be excavated, or both,(d) the effect of the development on the existing and likely amenity of adjoining properties,(e) the source of any fill material and the destination of any excavated material,(f) the likelihood of disturbing relics,(g) the proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area,(h) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.Note—The National Parks and Wildlife Act 1974, particularly section 86, deals with harming Aboriginal objects. Also, consent may be required under clause 5.10 in relation to Aboriginal objects even if such objects are not identified in Schedule 5 or on the Heritage Map.
7.3 Flood planning
(1) The objectives of this clause are as follows—(a) to minimise the flood risk to life and property associated with the use of land,(b) to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,(c) to avoid significant adverse impacts on flood behaviour and the environment.(2) This clause applies to—(a) land identified as “Flood planning area” on the Flood Planning Map, and(b) other land at or below the flood planning level.(3) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development—(a) is compatible with the flood hazard of the land, and(b) will not significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and(c) incorporates appropriate measures to manage risk to life from flood, and(d) will not significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and(e) is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.(4) A word or expression used in this clause has the same meaning as it has in the Floodplain Development Manual(ISBN 0 7347 5476 0) published by the NSW Government in April 2005, unless it is otherwise defined in this clause.(5) In this clause—land at or below the flood planning level means land at or below the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metres freeboard.
7.4 Drinking water catchments
(1) The objective of this clause is to protect drinking water catchments by avoiding any adverse impacts of development on the quality and quantity of water entering drinking water storages.(2) This clause applies to land identified as “Drinking water catchment” on the Drinking Water Catchment Map.(3) Before determining a development application for development on land to which this clause applies, the consent authority must consider the following—(a) whether or not the development is likely to have any adverse impact on the quality and quantity of water entering the drinking water storage, having regard to the following—(i) the distance between the development and any waterway that feeds into the drinking water storage,(ii) the on-site use, storage and disposal of any chemicals on the land,(iii) the treatment, storage and disposal of waste water and solid waste generated or used by the development,(b) the cumulative impacts of development on water quality and quantity in the catchment,(c) any appropriate measures proposed to avoid the impacts of the development,(d) any comments that have been provided in relation to the development by the relevant water supply authority or local or county council exercising water supply functions under Division 2 of Part 3 of Chapter 6 of the Local Government Act 1993,(e) whether or not the development would be more suitably carried out on an alternative site.(4) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development is designed, sited and will be managed to avoid any significant adverse impact on water quality and flows.(5) In this clause—has the same meaning as it has in the Water Management Act 2000.cl 7.4: Am 2015 (308), Sch 1 [3].
7.5 Airspace operations
(1) The objectives of this clause are as follows—(a) to provide for the effective and ongoing operation of the Ballina Byron Gateway Airport by ensuring that such operation is not compromised by proposed development that penetrates the Limitation or Operations Surface for that airport,(b) to protect the community from undue risk from that operation.(2) If a development application is received and the consent authority is satisfied that the proposed development will penetrate the Limitation or Operations Surface, the consent authority must not grant development consent unless it has consulted with the relevant Commonwealth body about the application.(3) The consent authority may grant development consent for the development if the relevant Commonwealth body advises that—(a) the development will penetrate the Limitation or Operations Surface but it has no objection to its construction, or(b) the development will not penetrate the Limitation or Operations Surface.(4) The consent authority must not grant development consent for the development if the relevant Commonwealth body advises that the development will penetrate the Limitation or Operations Surface and should not be constructed.(5) In this clause—Limitation or Operations Surface means the Obstacle Limitation Surface or the Procedures for Air Navigation Services Operations Surface as shown on the Obstacle Limitation Surface Map or the Procedures for Air Navigation Services Operations Surface Map for the Ballina Byron Gateway Airport.relevant Commonwealth body means the body, under Commonwealth legislation, that is responsible for development approvals for development that penetrates the Limitation or Operations Surface for the Ballina Byron Gateway Airport.
7.6 Development in areas subject to aircraft noise
(1) The objectives of this clause are as follows—(a) to prevent certain noise sensitive developments from being located near the Ballina Byron Gateway Airport and its flight paths,(b) to assist in minimising the impact of aircraft noise from that airport and its flight paths by requiring appropriate noise attenuation measures in noise sensitive buildings,(c) to ensure that land use and development in the vicinity of that airport do not hinder or have any other adverse impacts on the ongoing, safe and efficient operation of that airport.(2) This clause applies to development that—(a) is on land that—(i) is near the Ballina Byron Gateway Airport, and(ii) is in an ANEF contour of 20 or greater, and(b) the consent authority considers is likely to be adversely affected by aircraft noise.(3) Before determining a development application for development to which this clause applies, the consent authority—(a) must consider whether the development will result in an increase in the number of dwellings or people affected by aircraft noise, and(b) must consider the location of the development in relation to the criteria set out in Table 2.1 (Building Site Acceptability Based on ANEF Zones) in AS 2021—2000, and(c) must be satisfied the development will meet the indoor design sound levels shown in Table 3.3 (Indoor Design Sound Levels for Determination of Aircraft Noise Reduction) in AS 2021—2000.(4) In this clause—ANEF contour means a noise exposure contour shown as an ANEF contour on the Noise Exposure Forecast Contour Map for the Ballina Byron Gateway Airport prepared by the Department of the Commonwealth responsible for airports.AS 2021—2000 means AS 2021—2000, Acoustics—Aircraft noise intrusion—Building siting and construction.
7.7 Essential services
(1) The objective of this clause is to ensure that development is supplied with adequate and appropriate levels of infrastructure servicing.(2) Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the development are available or that adequate arrangements have been made to make them available when required—(a) the supply of water,(b) the supply of electricity,(c) the disposal and management of sewage,(d) stormwater drainage or on-site conservation,(e) suitable vehicular access,(f) telecommunication services.
7.8 Strategic urban growth areas
(1) The objective of this clause is to ensure that strategic urban development opportunities in the Strategic Urban Growth Area are maintained.(2) This clause applies to land identified on the Strategic Urban Growth Area Map as—(a) “Strategic Urban Growth Area”, and(b) “Land Adjoining Strategic Urban Growth Area”.(3) Development consent must not be granted to development on land identified in subclause (2)(a) unless the consent authority has considered whether the development may preclude future urban or employment land uses on the land having regard to—(a) the orderly and coordinated provision of infrastructure, and(b) the maintenance of amenity and scenic values, and(c) land use conflict impacts associated with stormwater or wastewater discharge and emissions, including noise, dust and odour, and(d) site access, generation of traffic and the efficient functioning of transport infrastructure.(4) Development consent must not be granted to development on land identified in subclause (2)(b) unless the consent authority has considered the implications that development may have on land identified in subclause (2)(a).
7.9 Rural and nature-based tourism development
(1) The objective of this clause is to ensure that services and facilities provided for tourists in rural and natural areas do not adversely impact on the agricultural production, scenic or environmental values of the land.(2) This clause applies to land in the following zones—(a) Zone RU1 Primary Production,(b) Zone RU2 Rural Landscape.(3) Development consent must not be granted to tourism development on land to which this clause applies unless the consent authority is satisfied that—(a) there is, or will be, adequate vehicular access to and from a road, other than a classified road, taking into account the scale of the development proposed, and(b) the development is small scale and low impact, and(c) the development is complementary to the rural or environmental attributes of the land and its surrounds, and(d) the development will not have a significant adverse impact on agricultural production, amenity or significant features of the natural environment.(4) Development consent must not be granted to development for the purpose of tourist and visitor accommodation on a lot that is land to which this clause applies unless—(a) a lawfully erected dwelling house or dual occupancy (attached) is situated on the lot, or(b) a dwelling house may be erected on the lot under this Plan.(5) Development consent must not be granted to development under subclause (4) if the development—(a) includes an ancillary caretaker’s or manager’s residence, or(b) is for the purpose of more than 1 bed and breakfast accommodation.(6) In this clause—small scale means a scale that corresponds to that of residential uses in a rural or environmental locality.tourism development means development for any of the following purposes—(a) caravan parks,(b) cellar door premises,(c) charter and tourism boating facilities,(d) home industries that provide services, or the sale of goods, on site to visitors,(e) information and education facilities,(f) kiosks,(g) markets,(h) recreation facilities (major),(i) recreation facilities (outdoor),(j) rural industries that provide services, or the sale of goods, on site to visitors,(k) tourist and visitor accommodation.
7.10 Development for the purpose of stormwater management systems
(1) The objective of this clause is to ensure that any person can carry out development for the purpose of stormwater management systems on any land.(2) Development consent may be granted to development for the purpose of a stormwater management system that is not ancillary to any other development even if the development is associated with existing development or development on adjoining land.(3) In this clause, stormwater management system has the same meaning as in clause 110 of State Environmental Planning Policy (Infrastructure) 2007.Note—Under clause 111 of State Environmental Planning Policy (Infrastructure) 2007 development for the purpose of stormwater management systems may be carried out by or on behalf of a public authority without consent on any land.
7.11 Floor space ratio—Skennars Head Expansion Area
(1) This clause applies to land at Skennars Head—(a) in Zone B1 Neighbourhood Centre, and(b) identified with the letter “J” on the Floor Space Ratio Map.(2) Despite clause 4.4, the commercial floor space ratio of buildings on land to which this clause applies must not exceed 0.4:1.(3) In this clause, the commercial floor space ratio of buildings on a site means the ratio of the total floor area used for commercial premises to the site area.cl 7.11: Ins 2019 (63), cl 5.
7.12 Home businesses at Burns Point Ferry Road, West Ballina
(1) This clause applies to land at Burns Point Ferry Road, West Ballina that is—(a) in Zone R2 Low Density Residential, and(b) identified with the letter “H” on the Floor Space Ratio Map.(2) Despite clause 4.4(2A), a dwelling used for the purposes of carrying on a home business on land to which this clause applies may exceed a floor space ratio of 0.5:1, if—(a) the floor space ratio of those parts of the dwelling that are used for the purposes of a home business does not exceed 0.2:1, and(b) the floor space ratio of any other parts of the dwelling does not exceed 0.5:1.(3) Despite clause 5.4(2), the floor area of those parts of a dwelling used for the purposes of carrying on a home business on land to which this clause applies may exceed 50 square metres, but must not exceed 120 square metres.(4) A reference in this clause to a part of a dwelling used for the purposes of carrying on a home business includes a reference to any building that is used for those purposes and is ancillary to the dwelling.cl 7.12: Ins 2019 (292), Sch 1 [2].
7.13 Active frontages
(1) The objective of this clause is to promote uses that attract pedestrian traffic along certain ground floor street, park and waterfront frontages in Zone B3 Commercial Core.(2) This clause applies to land identified as “Active frontage” on the Active Frontages Map.(3) Development consent must not be granted to the erection of a building on land to which this clause applies unless the consent authority is satisfied that all premises on the ground floor of the building facing the street, park or waterfront are to be used for the purposes of centre-based child care facilities, commercial premises, community facilities, educational establishments, entertainment facilities, function centres, hotel or motel accommodation, information and education facilities, medical centres, passenger transport facilities, public administration buildings, recreation facilities (indoor), registered clubs or respite day care centres after the erection of the building.(4) Development consent must also not be granted to a change of use of premises on the ground floor of a building on land to which this clause applies unless the new use is one of the uses identified in subclause (3).cl 7.13: Ins 2019 (501), Sch 1[2].
Schedule 1 Additional permitted uses
(Clause 2.5)
1AA Use of certain land at Ballina
(1) This clause applies to land at Camden Street, Camden Lane and Skinner Street, Ballina being Lot 33, DP 872966, Lot 3, DP 1079380, Lot 1, DP 1119099 and Lot 10, DP 1126929 and identified as “Area E” on the Additional Permitted Uses Map.(2) Development for the purposes of coastal protection works is permitted with development consent.
1 Use of certain land at Byron Street, Lennox Head
(1) This clause applies to land at Byron Street, Lennox Head, being Lot 5, DP 785422 and identified as “Area A” on the Additional Permitted Uses Map.(2) Development for the purposes of hardware and building supplies, a plant nursery and a service station is permitted with development consent.
1A Use of certain land at 1 Libby Lane and 200 North Creek Road, Lennox Head
(1) This clause applies to land at 1 Libby Lane and 200 North Creek Road, Lennox Head, being Lots 29 and 31, DP 1121058 and identified as “Area D” on the Additional Permitted Uses Map.(2) Development for the purposes of dual occupancy is permitted with development consent.(3) Clause 4.1B does not apply to the subdivision of this land for the purposes of a strata plan scheme.
2 Use of certain land at Wardell Road, Lynwood
(1) This clause applies to land at Wardell Road, Lynwood, being Lot 2, DP 554804 and identified as “Area B” on the Additional Permitted Uses Map.(2) Development for the purposes of a function centre, garden centre, kiosk, plant nursery, respite day care centre, restaurant or cafe and warehouse and distribution centre is permitted with development consent.
3 Use of certain land at West Ballina
(1) This clause applies to land adjacent to the Ballina Pacific Highway Bypass alignment at the Teven Road interchange and identified as “Area C” on the Additional Permitted Uses Map.(2) Development for the purpose of a highway service centre is permitted with development consent.
4 Use of certain land at Paperbark Close and Teven Road, West Ballina
(1) This clause applies to land at Paperbark Close and Teven Road, West Ballina, being Lots 2 and 3, DP 749680, Lot 5, DP 1031875, Lots 227–229, DP 1121079 and Lot 12, DP 1011575 and identified as “Area H” on the Additional Permitted Uses Map.(2) Development for the purposes of a freight transport facility and a warehouse or distribution centre is permitted with development consent.
5 Use of certain land at Friday Hut Road, Tintenbar
(1) This clause applies to land at Friday Hut Road, Tintenbar, being Lot 339, DP 755684 and identified as “Area G” on the Additional Permitted Uses Map.(2) Subdivision to create 2 lots, each of a size that is less than the minimum size shown on the Lot Size Map in relation to the land on which the lot is situated, is permitted with development consent.(3) Development consent may only be granted for the erection of a dwelling house or a dual occupancy (attached) on land to which this clause applies if there is a lawfully erected dwelling house or dual occupancy (attached) on the land and the dwelling house or dual occupancy (attached) to be erected is intended only to replace the existing dwelling house or dual occupancy (attached).
6 Use of certain land at Boeing Avenue, Ballina
(1) This clause applies to land at Boeing Avenue, Ballina, being part of Lot 952, DP 1165266 and part of Lots 2–5, DP 123781 and identified as “Area F” on the Additional Permitted Uses Map.(2) Development for the purposes of a specialised retail premises is permitted with development consent.
7 Use of certain land in Ballina CBD
(1) This clause applies to land at River Street, Tamar Street, Kerr Street, Grant Street, Moon Street, Cherry Street and Martin Street, Ballina and identified as “Area I” on the Additional Permitted Uses Map.(2) Development for the purpose of residential flat buildings is permitted with development consent.
8 Use of certain land at Alstonville
(1) This clause applies to land at Alstonville identified as “Area L” on the Additional Permitted Uses Map, being—(a) a lot that has an area of at least 900m, and(b) located within Zone R2 Low Density Residential.(2) Development for the purpose of dual occupancy (attached) is permitted with development consent.
9 Use of certain land at Lismore Road, Wollongbar
(1) This clause applies to land at 246–250 Lismore Road, Wollongbar being Lot 2, DP 527953 and identified as “Area K” on the Additional Permitted Uses Map.(2) Development for the following purposes is permitted with development consent—(a) a service station,(b) a retail premises, but only if the gross floor area of the building or place does not exceed 100 square metres.
10 Use of certain land in Zones RU1 and RU2
(1) This clause applies to land in Zones RU1 Primary Production and RU2 Rural Landscape.(2) Development for the purposes of an industrial retail outlet is permitted with development consent, but only if—(a) the development is associated with rural industry, and(b) the retail floor area does not exceed the lesser of—(i) 25% of the gross floor area of the rural industry located on the same land as the retail outlet, or(ii) 100 square metres.Note—This clause is subject to clause 7.9, Rural and nature-based tourism development. The consent authority must also be satisfied of the matters specified in that clause before development consent can be granted.
11 Use of certain land at 26 Boeing Avenue, Ballina
(1) This clause applies to land at 26 Boeing Avenue, Ballina, being Lot 951, DP 1165266 and identified as “Area J” on the Additional Permitted Uses Map.(2) Development for the following purposes is permitted with development consent—(a) recreation facilities (indoor),(b) veterinary hospitals.
sch 1: Am 2014 (625), cl 5; 2015 (5), cl 5 (1) (2); 2017 (194), cl 5; 2017 (391), cl 5; 2017 (619), cl 5 (1) (2); 2018 (488), Sch 1.2; 2019 (501), Sch 1[3]; 2019 (618), cl 5; 2020 (55), cl 5; 2020 (182), cl 4; 2020 (188), cl 5.
Schedule 2 Exempt development
(Clause 3.1)
Note 1—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2—
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
Commercial use of footpaths
(1) Must be located on the footpath within a road reserve for which the Council is the roads authority under the Roads Act 1993.(2) Must hold any relevant approval issued under the Roads Act 1993 or the Local Government Act 1993 (or both).(3) Must not occupy an area greater than 30m2 per operator.Note—This clause does not apply to development the subject of Subdivision 20A (Footpaths—outdoor dining) of Division 1 of Part 2 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Roadside stalls
(1) This clause applies to the use of land for a roadside stall for the sale of only agricultural produce.(2) The roadside stall—(a) must be located on land within Zone RU1 Primary Production or Zone RU2 Rural Landscape, and(b) must be located wholly on private property, and(c) must not be located on land that is adjacent to a classified road, and(d) must not have a footprint greater than 4m2.(3) No more than 1 roadside stall may be used on any landholding.(4) Any relevant approval issued under the Roads Act 1993 must be obtained.
Signage
(1A) This clause applies to the following signage—(a) a business identification sign that is displayed on a freestanding structure that is mounted on the ground on one or more supports,(b) a business identification sign that is mounted on an entrance gate to the property to which the signage relates.(1) The following applies to all signage to which this clause applies—(a) must be non-moving,(b) must relate to a lawful use of the land on which the sign is located,(c) must be within (or, in the case of a sign referred to in subclause (1A)(b), within or on) the boundary of the property to which the signage relates,(d) must not obstruct the sight line of vehicular or pedestrian traffic,(e) must have the consent of the owner of the property on which the sign is located,(f) must not be illuminated or flashing,(g) must not be located on a heritage item or in a heritage conservation area unless the advertisement will replace existing signage.(2) Signage to which this clause applies that is erected in a residential zone must comply with the following—(a) maximum area—0.6m2,(b) 1 sign per premises.(3) Signage to which this clause applies that is erected in a rural zone must comply with the following—(a) maximum area—0.75m2,(b) 1 sign per premises,(c) must not be located within 250m of a classified road.(4)–(12) (Repealed)Note—Subdivision 8 (Replacement of identification signs) of Division 2 of Part 2 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 applies to the replacement of an existing business identification sign or the content of such a sign.
Special events on land vested in, controlled or managed by the Council (including public roads and reserves)
(1) Must not include the erection of a permanent structure on the land.(2) Must not include the clearing or disturbance of native vegetation.(3) Maximum period—52 days (whether or not consecutive days) in any period of 12 months.
sch 2: Am 2014 (542), Sch 1 [2]–[5]; 2014 (816), cl 4 (1); 2018 (389), cl 4.
Schedule 3 Complying development
(Clause 3.2)
Note—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
Part 1 Types of development
(When this Plan was made this Part was blank)Part 2 Complying development certificate conditions
Note—
Complying development must comply with the requirements of the Act, the regulations under the Act and this Plan.
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
Part 1 Land classified, or reclassified, as operational land—no interests changed
Column 1 | Column 2 |
Locality | Description |
Alstonville | Lot 1, DP 853747, 79 Johnstons Road |
Ballina | Lot 50, DP 259593, Banyanda Lake |
Ballina | Lot 2, DP 604567, opposite 15 Regatta Avenue |
Ballina | Lot 9, DP 716371, Wayside Place |
East Ballina | Lot 104, DP 871675, Links Avenue |
East Ballina | Lots 1 and 2, DP 598548, Pine Avenue |
East Ballina | Lot 1, DP 632176, Suvla Street |
Lennox Head | Lots 1–5, DP 781641, Ballina Street |
Lennox Head | Lot 47, DP 1012769, Daintree Drive |
Lennox Head | Lot 28, DP 864257, 25B Karalauren Court |
Lennox Head | Lot 1, DP 856703, North Creek Road |
Lennox Head | Lot 20, DP 1108820, Tallowwood Place |
North Ballina | Lot 2, DP 238394, Pacific Highway |
Pimlico | Lot 3, DP 561944, Pimlico Road |
Skennars Head | Lot 41, DP 1149233, McLeans Street |
Skennars Head | Lot 1, DP 831017, North Creek Road |
Wardell | Lot 1, DP 854149, Kays Road |
Wardell | Part of Lot 5, DP 843369, Old Bagotville Road, identified as “Operational Land” on the Land Reclassification (Part Lots) Map |
West Ballina | Lot 63, DP 263861, Ballina Quays Canals |
West Ballina | Lot 132, DP 775228, Ballina Quays Canals |
West Ballina | Lot 1, DP 133631, Fishery Creek Road |
West Ballina | Lot 1, DP 572329, Fishery Creek Road |
West Ballina | Lot 1, DP 843728, Fishery Creek Road |
West Ballina | Lot 179, DP 879355, Westland Drive |
Wollongbar | Lot 6, DP 1161720, Rifle Range Road |
Part 2 Land classified, or reclassified, as operational land—interests changed
Column 1 | Column 2 | Column 3 |
Locality | Description | Any trusts etc not discharged |
Ballina | Lot 29, DP 230062, Grant Street (corner of Marsh Avenue) | Restriction(s) on the use of land (DP 230062) as noted on Certificate of Title Folio Identifier 29/230062 |
Lennox Head | Lot 47, DP 240657, 3 Basalt Court | Restriction(s) on the use of land (DP 240657) and leases to Optus Mobile Pty Limited (AI865824, AI865825, AI865826 and AI865827), as noted on Certificate of Title Folio Identifier 47/240657 |
Lennox Head | Lot 43, DP 1168665, 8 Seamist Place | Easement to drain water (DP 791644), easement to drain sewage (DP 802588) and restriction(s) on the use of land referred to and numbered “9” in the applicable Section 88B Instrument registered with DP 1168665 affecting Lot 43, DP 1168665 (restricting only one dwelling house on any lot so burdened), as noted on the Certificate of Title Folio Identifier 43/1168665 |
West Ballina | Lot 1, DP 850774, 58–62 Westland Drive | Lease to Northern Rivers Early Childhood Development Centres Pty Ltd (O465044) and subsequent transfers of lease (2850308, 8298932, AA765728, AB817858, AG57786, AG57787 and AG57788), as noted on the Certificate of Title Folio Identifier 1/850774 |
West Ballina | Part of Lot 52, DP 842077, identified as “Operational Land” on the Land Reclassification (Part Lots) Map | Nil |
West Ballina | Part of Lot 2, DP 850774, identified as “Operational Land” on the Land Reclassification (Part Lots) Map | Nil |
Part 3 Land classified, or reclassified, as community land
Column 1 | Column 2 |
Locality | Description |
Nil |
sch 4: Am 2014 (435), cl 4; 2014 (436), cl 4 (1); 2016 (683), Sch 1 [1] [2].
Schedule 5 Environmental heritage
(Clause 5.10)
Part 1 Heritage items
Suburb | Item name | Address | Property description | Significance | Item no |
Alstonville | Federation cottage known as “Severn Lodge” | 184 Ballina Road | Lot 3, DP 579040 | Local | I1 |
Alstonville | Federation house known as “Bellington” (1910) | 191 Ballina Road | Lot 71, DP 877648 | Local | I2 |
Alstonville | Alstonville Tropical Fruit Research Station | Bruxner Highway | Lot 1, DP 806001 | Local | I3 |
Alstonville | Bulwinkel Park and Pool | Bruxner Highway | Lot 332, DP 755745 | Local | I6 |
Alstonville | Cemetery | Bruxner Highway | Lots 1 and 2, DP 123576; Lots 377 and 378, DP 729097 and adjacent unformed road | Local | I4 |
Alstonville | Former Tintenbar Shire Council Chambers | Corner Bruxner Highway and High Street | Lot 321, DP 755745 | Local | I5 |
Alstonville | Paddy Bugden Memorial | Bugden Avenue | Bugden Avenue road reserve adjacent to former Tintenbar Council Chambers building | Local | I7 |
Alstonville | Former St Andrew’s Presbyterian Church | Bugden Avenue | Lot 256, DP 755745 | Local | I8 |
Alstonville | RSL Sub Branch Hall (including collection of moveable heritage items housed in hall) | 13 Bugden Avenue | Lot 2, Section 1, DP 1315 | Local | I9 |
Alstonville | Alstonville Show Ground Memorial Gates | 22–40 Commercial Road | Lot 2, DP 1031929 | Local | I10 |
Alstonville | Memorial to first settlers | Corner Daley and Main Streets | Lot 1, DP 133854 | Local | I11 |
Alstonville | Elizabeth Ann Brown Park | Daley Street | Lots 1–4, DP 6383 | Local | I12 |
Alstonville | Saw Miller’s Cottage | 3 Green Street | Lot 8, Section 2, DP 1315 | Local | I13 |
Alstonville | Former Butter /Norco/Peanut Factory | 5 Lismore Road | Lot 2, DP 635237 | Local | I14 |
Alstonville | Collection of buggies, wagons and other farming implements | Lumley Park, Pearces Creek Road | Lot 333, DP 755745 | Local | I16 |
Alstonville | Croquet Clubhouse | Lumley Park, Pearces Creek Road | Part of Lot 333, DP 755745 | Local | I17 |
Alstonville | Historic Mile Marker (concrete) | Main Street | Main Street road reserve directly in front of Federal Hotel | Local | I18 |
Alstonville | Late Victorian house | 49 Main Street | Lots 9 and 10, Section 1, DP 4536 | Local | I19 |
Alstonville | Federal Hotel | 77 Main Street | Lot 2, DP 851355 | Local | I20 |
Alstonville | Former Post Office | 86 Main Street | Lot 1, DP 873998 | Local | I21 |
Alstonville | Former CBC Bank | 92A Main Street | Lot 2, DP 700877 | Local | I22 |
Alstonville | Police Station | 2 Perry Street | Lot 323, DP 755745 | Local | I23 |
Alstonville | St Bartholomew’s Anglican Church (timber) | 1 The Avenue | Lot 1, DP 1152916 | Local | I24 |
Alstonville | St Bartholomew’s Anglican Church Manse | 3 The Avenue | Lots 39–41, Section 1, DP 4536 | Local | I25 |
Alstonville | St Bartholomew’s Anglican Church (stone) | 6 The Avenue | Lot 1, DP 939215 | Local | I26 |
Alstonville | Federation house known as “Crawford House” (formerly “Olivene”) | 10 Wardell Road | Lot 6, DP 235088 | Local | I27 |
Ballina | CWA Hall | Captain Cook Park | Lot 8, Section 5A, DP 758047 | Local | I28 |
Ballina | Federation bungalow | 10 Carrington Street | Lot 2, DP 521904 | Local | I29 |
Ballina | WWI Honour Roll (moveable heritage item) | Corner Cherry and Tamar Streets (housed in foyer of Council’s administrative offices) | Lot 2, Section 59, DP 758047 | Local | I30 |
Ballina | Former Ballina Council Chambers (including Norfolk Island Pine memorial trees, Mayoral chair and setting) | 42 Cherry Street | Lot 1, DP 1153927 | Local | I31 |
Ballina | Uniting Church buildings (timber and brick) | 52 Cherry Street | Lots 3–5, DP 2722 | Local | I32 |
Ballina | WWI memorial tree plantings | Corner Crane and Cherry Streets | Crane Street and Cherry Street road reserves between Martin Street and Moon Street | Local | I33 |
Ballina | St Stephen’s Presbyterian Church | 54 Crane Street | Lot 1, DP 783913 | Local | I34 |
Ballina | Ballina Fire Station | 60 Crane Street | Lots 2 and 3, DP 506103 | Local | I35 |
Ballina | Ballina Public School (1882 school building) | Martin Street | Lot 5, Section 12, DP 758047 | Local | I36 |
Ballina | Ballina Public School (1913 double storey infants building) | Martin Street | Lots 5 and 6, Section 12, DP 758047 | Local | I37 |
Ballina | Former North Coast Ladies College known as “Ballina Manor” | 25 Norton Street | Lot 11, DP 1015821 | Local | I38 |
Ballina | Federation house known as “Brundah” | 37 Norton Street | Lot 1, Section 22, DP 758047 | State | I39 |
Ballina | Anglican Church Palms | 38–42 Norton Street | Lot 2, Section 29, DP 758047 | Local | I40 |
Ballina | MV Florrie Passenger Vessel and Tug (moveable heritage item) | Regatta Avenue (housed at Ballina Naval and Maritime Museum) | Lot 502, DP 729388 | Local | I42 |
Ballina | PV Richmond Pilot Boat (moveable heritage item) | Regatta Avenue (housed at Ballina Naval and Maritime Museum) | Lot 502, DP 729388 | Local | I41 |
Ballina | Ballina Court House | 16–22 River Street | Lot 3, DP 47396 | Local | I43 |
Ballina | Former Ballina Post Office | 24 River Street | Lot 1, DP 747191 | Local | I44 |
Ballina | Wigmore Arcade/shops | 135–155 River Street | Lots 4–8, DP 977545 | Local | I45 |
Ballina | Former CBC Bank | 176 River Street | Lot 1, DP 948721 | Local | I46 |
Ballina | Wigmore Hall | Swift Street | Lot 9, DP 1714; Lot 70, DP 1005100 | Local | I47 |
Ballina | Ballina High School buildings (1931) | 37–44 Swift Street | Lot 392, DP 755684 | Local | I48 |
Ballina | Ballina High School buildings (1950) | 37–44 Swift Street | Lot 392, DP 755684 | Local | I49 |
Ballina | Federation house | 54 Swift Street | Lot 7, Section 17, DP 758047 | Local | I50 |
Cabbage Tree Island | Cabbage Tree Island | Back Channel Road | Lots 94, 260 and 261 and part of Lot 258, DP 755691 | Local | I51 |
Cumbalum | Dry stone wall | Albert Sheather Lane | Lot 2, DP 1171927 | Local | I97 |
East Ballina | Victorian manor house known as “Fenwick House” | 3 Brighton Street | Lots 1 and 2, SP 45324 | Local | I52 |
East Ballina | Monument to HMAS Lismore | Compton Drive | Lot 527, DP 729677 | Local | I53 |
East Ballina | Shaws Bay ship wreck sites | Compton Drive | Lots 4–6, DP 1197191 | Local | I54 |
East Ballina | Ballina Lighthouse | Harbourview Street | Lot 5, Section 78, DP 758047 | Local | I56 |
East Ballina | Pioneer Cemetery | Hill Street | Lot 7, Section 88, DP 758047 | Local | I57 |
East Ballina | Former East Ballina (Shaw’s Bay) Ambulance Station | Hill Street | Lot 7022, DP 1050837; Lot 6, Section 87, DP 758047 | Local | I59 |
East Ballina | Former Shaw’s Bay camp site laundry building | Hill Street | Lot 7022, DP 1050837 | Local | I58 |
East Ballina | East Ballina Cemetery (and heath surrounds) | Pine Avenue | Part of Lots 467 and 468, DP 729067; road reserve | Local | I60 |
Empire Vale | Tramlines across River Drive (multiple locations) | River Drive | River Drive road reserve | Local | I62 |
Fernleigh | Fernleigh Public School (historic school room) | 451 Fernleigh Road | Lot 1, DP 34285 | Local | I64 |
Lennox Head | Dry Stone Walls (walls known as “wall a” and “wall b” on former “Henderson Farm”) | Hutley Drive and Henderson Lane | Lots 1 and 2, DP 1070446 | Local | I67 |
Lennox Head | Fig tree (planted by Ted Henderson in 1947 on former “Henderson Farm”) | Hutley Drive and Henderson Lane | Lot 1, DP 1070446 | Local | I65 |
Lennox Head | Norfolk Island Pines | Hutley Drive and Henderson Lane | Lot 1, DP 1070446 | Local | I66 |
Lennox Head | Historic Norfolk Island Pines | North Creek Road | Lot 233, DP 1104071; Lot 11, DP 627149 | Local | I71 |
Lennox Head | Lennox Head War Honour Roll (moveable heritage item housed at Lennox Head Community Centre) | Park Lane | Lot 473, DP 729088 | Local | 169 |
Lennox Head | Dry Stone Wall (wall known as “wall d”) | North Creek Road (Tara Downs) | Lot 31, DP 715304 | Local | I70 |
Meerschaum Vale | Henderson Family Graves (gravesites and headstones) | 126 Justelius Road | Lot 4, DP 253873 | Local | I73 |
Meerschaum Vale | Meerschaum Vale Public Hall (including Honour Roll) | 1 Marom Creek Road | Lot 1, DP 576619 | Local | I74 |
Meerschaum Vale | Former Post Office (now residence) | 929 Wardell Road | Lot 2, DP 544311 | Local | I75 |
Meerschaum Vale | Former St Thomas’ Anglican Church | 936 Wardell Road | Lot 1, DP 349958 | Local | I76 |
Pimlico | Pimlico Hall (including Honour Roll) | 580 Pimlico Road | Lot 3, DP 561944 | Local | I78 |
Rous | Cemetery | Rous Cemetery Road | Lot 7005, DP 92640; Lot 373, DP 729054 | Local | I79 |
Rous | Rous Public School (school room) | 248 Rous Mill Road | Lot 288, DP 755745 | Local | I80 |
Skennars Head | Dry Stone Wall (wall known as “wall c”) | North Creek Road | Lot 21, DP 1121759 | Local | I83 |
Tintenbar | Dry stone wall | 94 Dufficys Lane | Lot 3, DP 618742 | Local | I98 |
Tintenbar | Cemetery | Hill Street | Lot 1, DP 123581; Lot 1, DP 123582; Lot 480, DP 728690; Lots 7313 and 7314, DP 1165924 | Local | I84 |
Tintenbar | Dry stone wall | Scanlan Lane | Lot 4, DP 1020436 | Local | I99 |
Wardell | Old Wardell Ferry approaches | Bridge Drive | Lot 80, DP 728670 | Local | I85 |
Wardell | Wardell Post Office | 26 Bridge Drive | Lot 3, DP 622957 | Local | I86 |
Wardell | Police Station | 1 Cedar Street | Lot 78, DP 728665 | Local | I87 |
Wardell | Wardell Cemetery (including gravesites, headstones and traditional plantings) | Pine Street | Part of Lot 83, DP 728685 | Local | I88 |
Wardell | Fig trees | Richmond Street | Richmond Street road reserve | Local | I89 |
Wardell | Wardell and District War Memorial Hall (including Honour Roll) | 49 Richmond Street | Lot 1, DP 312334 | Local | I90 |
Wardell | Catholic precinct: church, convent/mercy centre, presbytery, St Patrick’s School, grotto and posts at entry to Sugartown Pre-school (but not including shed on Lot 13, DP 217966) | 50 and 54 Richmond Street and 9 Sinclair Street | Lot 8, Section 5, DP 759050; Lots 10 and 14, DP 217966 | Local | I91 |
Wardell | Royal Hotel | 59 Richmond Street | Lot 1, Section 2, DP 759050 | Local | I92 |
Wardell | Fig tree | Sinclair Street | Road reserve/traffic island opposite Royal Hotel | Local | I93 |
Wardell | Former National Bank | 3 Sinclair Street | Lot 1, DP 309610 | Local | I94 |
Wollongbar | Federation house known as “Laurel Hill” | 32 Smith Lane | Lot 1, DP 1127557 | Local | I96 |
Part 2 Heritage conservation areas
Suburb | Item name | Address | Property description | Significance | Item no |
Nil |
Part 3 Archaeological sites
Suburb | Item name | Address | Property description | Significance | Item no |
Ballina | Ballina trophy guns site | Pacific Highway (old Council depot site) | Lot 284, DP 755684 | Local | A1 |
East Ballina | Historic Shaw’s Bay precinct | East Ballina | Lot 1, DP 604570; Lots 2–5, Section 88, DP 758047; Lots 5 and 6, Section 87, DP 758047; Lot 7015, DP 1064316; Lot 7022, DP 1050837 | Local | A3 |
Lennox Head | Historic “Henderson Farm” items/features (including historic tree plantings—bunya pines, circle of stones, half circle of stones, well site, location of farm buildings and ruts) | Hutley Drive and Henderson Lane | Part of Lot 2, DP 1070446 | Local | A4 |
sch 5: Am 2014 (272), Sch 1; 2015 (308), Sch 1 [4]–[19].
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Part 1 Pond-based and tank-based aquaculture
Division 1 Site location requirements
1 Conservation exclusion zones
(1) Must not be carried out on the following land, except to the extent necessary to gain access to water—(a) land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,(b) vacant Crown land,(c) land within a wetland of international significance declared under the Ramsar Convention on Wetlands.(2) Must not be carried out on the following land, except for the purposes of minimal infrastructure to support the extraction of water from, and discharge of water to, the land concerned—(a) land declared as an aquatic reserve under the Marine Estate Management Act 2014,(b) land declared as a marine park under the Marine Estate Management Act 2014.Note—Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.
Division 2 Operational requirements
2 Species selection
Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).
3 Pond-based aquaculture that is also intensive aquaculture—pond design
For pond-based aquaculture that is also intensive aquaculture—ponds must be capable of being drained or pumped and then completely dried.
4 Pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—freshwater discharges
For pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—no discharge of freshwater used to intensively cultivate or keep fish to natural waterbodies or wetlands is permitted, except freshwater discharge from open flow through systems.
5 Outlets from culture ponds etc
All outlets from culture ponds, tanks and other culture facilities must be screened to avoid the escape of fish.
6 Definition
In this Division—intensive aquaculture has the same meaning as it has in the Fisheries Management (Aquaculture) Regulation 2017.
Part 2 Extensive pond-based aquaculture
Division 1 Site location requirements
7 Conservation exclusion zones
(1) Must not be carried out on the following land, except to the extent necessary to gain access to water—(a) land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,(b) vacant Crown land,(c) land within a wetland of international significance declared under the Ramsar Convention on Wetlands.Note—Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.
8 Flood liability
Must be designed or constructed on land so that it will not be inundated by the discharge of a 1:100 ARI (average recurrent interval) flood event.
Division 2 Operational requirements
9 Species selection
Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).
10 Pond design
(1) Must not require the construction of new ponds, water storages, dams or buildings.(2) Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.(3) Must be capable of preventing the escape of stock into natural waterbodies or wetlands.
11 Culture water
Must use freshwater.
Dictionary
(Clause 1.4)
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Plan.
Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.
Aboriginal place of heritage significance means an area of land, the general location of which is identified in an Aboriginal heritage study adopted by the Council after public exhibition and that may be shown on the Heritage Map, that is—
(a) the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It may (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or
(b) a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.
Note—
The term may include (but is not limited to) places that are declared under section 84 of the National Parks and Wildlife Act 1974 to be Aboriginal places for the purposes of that Act.
acid sulfate soils means naturally occurring sediments and soils containing iron sulfides (principally pyrite) or their precursors or oxidation products, whose exposure to oxygen leads to the generation of sulfuric acid (for example, by drainage or excavation).
Acid Sulfate Soils Manual means the manual by that name published by the Acid Sulfate Soils Management Advisory Committee and made publicly available.
Acid Sulfate Soils Map means the Ballina Local Environmental Plan 2012 Acid Sulfate Soils Map.
Active Frontages Map means the Ballina Local Environmental Plan 2012 Active Frontages Map.
Additional Permitted Uses Map means the Ballina Local Environmental Plan 2012 Additional Permitted Uses Map.
advertisement has the same meaning as in the Act.
Note—
The term is defined as a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.
advertising structure has the same meaning as in the Act.
Note—
The term is defined as a structure used or to be used principally for the display of an advertisement.
Advertising structures are a type of signage—see the definition of that term in this Dictionary.
affordable housing has the same meaning as in the Act.
Note—
The term is defined as housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument.
agricultural produce industry means a building or place used for the handling, treating, processing or packing, for commercial purposes, of produce from agriculture (including dairy products, seeds, fruit, vegetables or other plant material), and includes wineries, flour mills, cotton seed oil plants, cotton gins, feed mills, cheese and butter factories, and juicing or canning plants, but does not include a livestock processing industry.
Note—
Agricultural produce industries are a type of rural industry—see the definition of that term in this Dictionary.
agriculture means any of the following—
(a) aquaculture,
(b) extensive agriculture,
(c) intensive livestock agriculture,
(d) intensive plant agriculture.
Note—
Part 6 of the Plantations and Reafforestation Act 1999 provides that exempt farm forestry within the meaning of that Act is not subject to the Environmental Planning and Assessment Act 1979.
air transport facility means an airport or a heliport that is not part of an airport, and includes associated communication and air traffic control facilities or structures.
airport means a place that is used for the landing, taking off, parking, maintenance or repair of aeroplanes, and includes associated buildings, installations, facilities and movement areas and any heliport that is part of the airport.
Note—
Airports are a type of air transport facility—see the definition of that term in this Dictionary.
airstrip means a single runway for the landing, taking off or parking of aeroplanes for private aviation only, but does not include an airport, heliport or helipad.
amusement centre means a building or place (not being part of a pub or registered club) used principally for playing—
(a) billiards, pool or other like games, or
(b) electronic or mechanical amusement devices, such as pinball machines, computer or video games and the like.
animal boarding or training establishment means a building or place used for the breeding, boarding, training, keeping or caring of animals for commercial purposes (other than for the agistment of horses), and includes any associated riding school or ancillary veterinary hospital.
aquaculture has the same meaning as in the Fisheries Management Act 1994. It includes oyster aquaculture, pond-based aquaculture and tank-based aquaculture.
Note—
Aquaculture is a type of agriculture—see the definition of that term in this Dictionary.
archaeological site means a place that contains one or more relics.
artisan food and drink industry means a building or place the principal purpose of which is the making or manufacture of boutique, artisan or craft food or drink products only. It must also include at least one of the following—
(a) a retail area for the sale of the products,
(b) a restaurant or cafe,
(c) facilities for holding tastings, tours or workshops.
Note—
See clause 5.4 for controls in industrial or rural zones relating to the retail floor area of an artisan food and drink industry.
Artisan food and drink industries are a type of light industry—see the definition of that term in this Dictionary.
attached dwelling means a building containing 3 or more dwellings, where—
(a) each dwelling is attached to another dwelling by a common wall, and
(b) each of the dwellings is on its own lot of land, and
(c) none of the dwellings is located above any part of another dwelling.
Note—
Attached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
attic means any habitable space, but not a separate dwelling, contained wholly within a roof above the ceiling line of the storey immediately below, except for minor elements such as dormer windows and the like.
backpackers’ accommodation means a building or place that—
(a) provides temporary or short-term accommodation on a commercial basis, and
(b) has shared facilities, such as a communal bathroom, kitchen or laundry, and
(c) provides accommodation on a bed or dormitory-style basis (rather than by room).
Note—
Backpackers’ accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
basement means the space of a building where the floor level of that space is predominantly below ground level (existing) and where the floor level of the storey immediately above is less than 1 metre above ground level (existing).
bed and breakfast accommodation means an existing dwelling in which temporary or short-term accommodation is provided on a commercial basis by the permanent residents of the dwelling and where—
(a) meals are provided for guests only, and
(b) cooking facilities for the preparation of meals are not provided within guests’ rooms, and
(c) dormitory-style accommodation is not provided.
Note—
See clause 5.4 for controls relating to the number of bedrooms for bed and breakfast accommodation.
Bed and breakfast accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
bee keeping means a building or place used for the keeping and breeding of bees for commercial purposes.
Note—
Bee keeping is a type of extensive agriculture—see the definition of that term in this Dictionary.
biodiversity or biological diversity means the variety of living animal and plant life from all sources, and includes diversity within and between species and diversity of ecosystems.
biosolids treatment facility means a building or place used as a facility for the treatment of biosolids from a sewage treatment plant or from a water recycling facility.
Note—
Biosolids treatment facilities are a type of sewerage system—see the definition of that term in this Dictionary.
boarding house means a building that—but does not include backpackers’ accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.
(a) is wholly or partly let in lodgings, and
(b) provides lodgers with a principal place of residence for 3 months or more, and
(c) may have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and
(d) has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers,
Note—
Boarding houses are a type of residential accommodation—see the definition of that term in this Dictionary.
boat building and repair facility means any facility (including a building or other structure) used primarily for the construction, maintenance or repair of boats, whether or not including the storage, sale or hire of boats, but does not include a marina or boat shed.
boat launching ramp means a structure designed primarily for the launching of trailer borne recreational vessels, and includes associated car parking facilities.
boat shed means a building or other structure used for the storage and routine maintenance of a boat or boats and that is associated with a private dwelling or non-profit organisation, and includes any skid used in connection with the building or other structure.
brothel has the same meaning as in the Act.
Note—
This definition is relevant to the definitions of home occupation (sex services) and sex services premises in this Dictionary.
building has the same meaning as in the Act.
Note—
The term is defined to include part of a building and any structure or part of a structure, but not including a manufactured home, a moveable dwelling or associated structure (or part of a manufactured home, moveable dwelling or associated structure).
building height (or height of building) means—including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.
(a) in relation to the height of a building in metres—the vertical distance from ground level (existing) to the highest point of the building, or
(b) in relation to the RL of a building—the vertical distance from the Australian Height Datum to the highest point of the building,
Building Height Allowance Map means the Ballina Local Environmental Plan 2012 Building Height Allowance Map.
building identification sign means a sign that identifies or names a building and that may include the name of a building, the street name and number of a building, and a logo or other symbol but does not include general advertising of products, goods or services.
Note—
Building identification signs are a type of signage—see the definition of that term in this Dictionary.
building line or setback means the horizontal distance between the property boundary or other stated boundary (measured at 90 degrees from the boundary) and—whichever distance is the shortest.
(a) a building wall, or
(b) the outside face of any balcony, deck or the like, or
(c) the supporting posts of a carport or verandah roof,
bush fire hazard reduction work has the same meaning as in the Rural Fires Act 1997.
Note—
The term is defined as follows—
bush fire hazard reduction work means—but does not include construction of a track, trail or road.
(a) the establishment or maintenance of fire breaks on land, and
(b) the controlled application of appropriate fire regimes or other means for the reduction or modification of available fuels within a predetermined area to mitigate against the spread of a bush fire,
bush fire prone land has the same meaning as in the Act.
Note—
The term is defined, in relation to an area, as land recorded for the time being as bush fire prone land on a map for the area certified as referred to in section 10.3(2) of the Act.
bush fire risk management plan means a plan prepared under Division 4 of Part 3 of the Rural Fires Act 1997 for the purpose referred to in section 54 of that Act.
business identification sign means a sign—but that does not contain any advertising relating to a person who does not carry on business at the premises or place.
(a) that indicates—(i) the name of the person or business, and(ii) the nature of the business carried on by the person at the premises or place at which the sign is displayed, and
(b) that may include the address of the premises or place and a logo or other symbol that identifies the business,
Note—
Business identification signs are a type of signage—see the definition of that term in this Dictionary.
business premises means a building or place at or on which—and includes a funeral home and, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, betting agencies and the like, but does not include an entertainment facility, home business, home occupation, home occupation (sex services), medical centre, restricted premises, sex services premises or veterinary hospital.
(a) an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or
(b) a service is provided directly to members of the public on a regular basis,
Note—
Business premises are a type of commercial premises—see the definition of that term in this Dictionary.
camping ground means an area of land that has access to communal amenities and on which campervans or tents, annexes or other similar portable and lightweight temporary shelters are, or are to be, installed, erected or placed for short term use, but does not include a caravan park.
canal estate development means development that incorporates wholly or in part a constructed canal, or other waterway or waterbody, that is inundated by or drains to a natural waterway or natural waterbody by surface water or groundwater movement (not being works of drainage, or for the supply or treatment of water, that are constructed by or with the authority of a person or body responsible for those functions and that are limited to the minimal reasonable size and capacity to meet a demonstrated need for the works), and that either—
(a) includes the construction of dwellings (which may include tourist and visitor accommodation) of a kind other than, or in addition to—(i) dwellings that are permitted on rural land, and(ii) dwellings that are used for caretaker or staff purposes, or
(b) requires the use of a sufficient depth of fill material to raise the level of all or part of that land on which the dwellings are (or are proposed to be) located in order to comply with requirements relating to residential development on flood prone land.
car park means a building or place primarily used for the purpose of parking motor vehicles, including any manoeuvring space and access thereto, whether operated for gain or not.
caravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, installed or placed.
catchment action plan has the same meaning as in the Catchment Management Authorities Act 2003.
Note—
The term is defined as a catchment action plan of an authority that has been approved by the Minister under Part 4 of the Catchment Management Authorities Act 2003.
cellar door premises means a building or place that is used to sell wine by retail and that is situated on land on which there is a commercial vineyard, and where most of the wine offered for sale is produced in a winery situated on that land or is produced predominantly from grapes grown in the surrounding area.
Note—
Cellar door premises are a type of retail premises—see the definition of that term in this Dictionary.
cemetery means a building or place used primarily for the interment of deceased persons or pets or their ashes, whether or not it contains an associated building for conducting memorial services.
centre-based child care facility means—but does not include—
(a) a building or place used for the education and care of children that provides any one or more of the following—(i) long day care,(ii) occasional child care,(iii) out-of-school-hours care (including vacation care),(iv) preschool care, or
(b) an approved family day care venue (within the meaning of the Children (Education and Care Services) National Law (NSW)),Note—An approved family day care venue is a place, other than a residence, where an approved family day care service (within the meaning of the Children (Education and Care Services) National Law (NSW)) is provided.
(c) a building or place used for home-based child care or school-based child care, or
(d) an office of a family day care service (within the meanings of the Children (Education and Care Services) National Law (NSW)), or
(e) a babysitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or
(f) a child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium) to care for children while the children’s parents are using the facility, or
(g) a service that is concerned primarily with providing lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or providing private tutoring, or
(h) a child-minding service that is provided by or in a health services facility, but only if the service is established, registered or licensed as part of the institution operating in the facility.
charter and tourism boating facility means any facility (including a building or other structure) used for charter boating or tourism boating purposes, being a facility that is used only by the operators of the facility and that has a direct structural connection between the foreshore and the waterway, but does not include a marina.
classified road has the same meaning as in the Roads Act 1993.
Note—
The term is defined as follows—
classified road means any of the following—
(a) a main road,
(b) a highway,
(c) a freeway,
(d) a controlled access road,
(e) a secondary road,
(f) a tourist road,
(g) a tollway,
(h) a transitway,
(i) a State work.
(See Roads Act 1993 for meanings of these terms.)
clearing native vegetation has the same meaning as in Part 5A of the Local Land Services Act 2013.
clearing vegetation has the same meaning as in State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017.
coastal hazard has the same meaning as in the Coastal Management Act 2016.
Coastal Hazard Areas Map means the Ballina Local Environmental Plan 2012 Coastal Hazard Areas Map.
coastal lake means a body of water identified in Schedule 1 to State Environmental Planning Policy (Coastal Management) 2018.
coastal protection works has the same meaning as in the Coastal Management Act 2016.
coastal waters of the State—see section 58 of the Interpretation Act 1987.
coastal zone has the same meaning as in the Coastal Management Act 2016.
commercial premises means any of the following—
(a) business premises,
(b) office premises,
(c) retail premises.
community facility means a building or place—but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.
(a) owned or controlled by a public authority or non-profit community organisation, and
(b) used for the physical, social, cultural or intellectual development or welfare of the community,
community land has the same meaning as in the Local Government Act 1993.
correctional centre means—but does not include any police station or court cell complex in which a person is held in custody in accordance with any Act.
(a) any premises declared to be a correctional centre by a proclamation in force under section 225 of the Crimes (Administration of Sentences) Act 1999, including any juvenile correctional centre or periodic detention centre, and
(b) any premises declared to be a detention centre by an order in force under section 5(1) of the Children (Detention Centres) Act 1987,
Council means the Ballina Shire Council.
crematorium means a building in which deceased persons or pets are cremated, whether or not it contains an associated building for conducting memorial services.
curtilage, in relation to a heritage item or conservation area, means the area of land (including land covered by water) surrounding a heritage item, a heritage conservation area, or building, work or place within a heritage conservation area, that contributes to its heritage significance.
dairy (pasture-based) means a dairy that is conducted on a commercial basis where the only restriction facilities present are milking sheds and holding yards and where cattle generally feed by grazing on living grasses and other plants on the land and are constrained for no more than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief).
Note—
Dairies (pasture-based) are a type of extensive agriculture—see the definition of that term in this Dictionary.
dairy (restricted) means a dairy that is conducted on a commercial basis where restriction facilities (in addition to milking sheds and holding yards) are present and where cattle have access to grazing for less than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief). It may comprise the whole or part of a restriction facility.
Note—
Dairies (restricted) are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
demolish, in relation to a heritage item or an Aboriginal object, or a building, work, relic or tree within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item, Aboriginal object or building, work, relic or tree.
depot means a building or place used for the storage (but not sale or hire) of plant, machinery or other goods (that support the operations of an existing undertaking) when not required for use, but does not include a farm building.
drainage means any activity that intentionally alters the hydrological regime of any locality by facilitating the removal of surface or ground water. It may include the construction, deepening, extending, opening, installation or laying of any canal, drain or pipe, either on the land or in such a manner as to encourage drainage of adjoining land.
Drinking Water Catchment Map means the Ballina Local Environmental Plan 2012 Drinking Water Catchment Map.
dual occupancy means a dual occupancy (attached) or a dual occupancy (detached).
Note—
Dual occupancies are a type of residential accommodation—see the definition of that term in this Dictionary.
dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling.
Note—
Dual occupancies (attached) are a type of dual occupancy—see the definition of that term in this Dictionary.
dual occupancy (detached) means 2 detached dwellings on one lot of land, but does not include a secondary dwelling.
Note—
Dual occupancies (detached) are a type of dual occupancy—see the definition of that term in this Dictionary.
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 only one dwelling.
Note—
Dwelling houses are a type of residential accommodation—see the definition of that term in this Dictionary.
Dwelling Opportunity Reinstatement Map means the Ballina Local Environmental Plan 2012 Dwelling Opportunity Reinstatement Map.
early education and care facility means a building or place used for the education and care of children, and includes any of the following—
(a) a centre-based child care facility,
(b) home-based child care,
(c) school-based child care.
earthworks means excavation or filling.
ecologically sustainable development has the same meaning as in the Act.
eco-tourist facility means a building or place that—It may include facilities that are used to provide information or education to visitors and to exhibit or display items.
(a) provides temporary or short-term accommodation to visitors on a commercial basis, and
(b) is located in or adjacent to an area with special ecological or cultural features, and
(c) is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact.
Note—
See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities.
Eco-tourist facilities are not a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
educational establishment means a building or place used for education (including teaching), being—
(a) a school, or
(b) a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under an Act.
electricity generating works means a building or place used for the purpose of—
(a) making or generating electricity, or
(b) electricity storage.
emergency services facility means a building or place (including a helipad) used in connection with the provision of emergency services by an emergency services organisation.
emergency services organisation means any of the following—
(a) Ambulance Service of New South Wales,
(b) Fire and Rescue NSW,
(c) NSW Rural Fire Service,
(d) NSW Police Force,
(e) State Emergency Service,
(f) New South Wales Volunteer Rescue Association Incorporated,
(g) New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001,
(h) an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.
entertainment facility means a theatre, cinema, music hall, concert hall, dance hall and the like, but does not include a pub or registered club.
environmental facility means a building or place that provides for the recreational use or scientific study of natural systems, and includes walking tracks, seating, shelters, board walks, observation decks, bird hides or the like, and associated display structures.
environmental protection works means works associated with the rehabilitation of land towards its natural state or any work to protect land from environmental degradation, and includes bush regeneration works, wetland protection works, erosion protection works, dune restoration works and the like, but does not include coastal protection works.
estuary has the same meaning as in the Water Management Act 2000.
Note—
The term is defined as follows—
estuary means—but does not include anything declared by the regulations (under the Water Management Act 2000) not to be an estuary.
(a) any part of a river whose level is periodically or intermittently affected by coastal tides, or
(b) any lake or other partially enclosed body of water that is periodically or intermittently open to the sea, or
(c) anything declared by the regulations (under the Water Management Act 2000) to be an estuary,
excavation means the removal of soil or rock, whether moved to another part of the same site or to another site, but does not include garden landscaping that does not significantly alter the shape, natural form or drainage of the land.
exhibition home means a dwelling built for the purposes of the public exhibition and marketing of new dwellings, whether or not it is intended to be sold as a private dwelling after its use for those purposes is completed, and includes any associated sales or home finance office or place used for displays.
exhibition village means 2 or more exhibition homes and associated buildings and places used for house and land sales, site offices, advisory services, car parking, food and drink sales and other associated purposes.
extensive agriculture means any of the following—
(a) the production of crops or fodder (including irrigated pasture and fodder crops) for commercial purposes,
(b) the grazing of livestock (other than pigs and poultry) for commercial purposes on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the livestock,
(c) bee keeping,
(d) a dairy (pasture-based) where the animals generally feed by grazing on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the animals.
Note—
Extensive agriculture is a type of agriculture—see the definition of that term in this Dictionary.
extractive industry means the winning or removal of extractive materials (otherwise than from a mine) by methods such as excavating, dredging, tunnelling or quarrying, including the storing, stockpiling or processing of extractive materials by methods such as recycling, washing, crushing, sawing or separating, but does not include turf farming.
Note—
Extractive industries are not a type of industry—see the definition of that term in this Dictionary.
extractive material means sand, soil, gravel, rock or similar substances that are not minerals within the meaning of the Mining Act 1992.
farm building means a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling.
farm stay accommodation means a building or place that provides temporary or short-term accommodation to paying guests on a working farm as a secondary business to primary production.
Note—
See clause 5.4 for controls relating to the number of bedrooms.
Farm stay accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
feedlot means a confined or restricted area that is operated on a commercial basis to rear and fatten cattle, sheep or other animals, but does not include a poultry farm, dairy or pig farm.
Note—
Feedlots are a type of intensive livestock agriculture. Intensive livestock agriculture does not include extensive agriculture. See the definitions of those terms in this Dictionary.
fill means the depositing of soil, rock or other similar extractive material obtained from the same or another site, but does not include—
(a) the depositing of topsoil or feature rock imported to the site that is intended for use in garden landscaping, turf or garden bed establishment or top dressing of lawns and that does not significantly alter the shape, natural form or drainage of the land, or
(b) the use of land as a waste disposal facility.
filming means recording images (whether on film or video tape or electronically or by other means) for exhibition or broadcast (such as by cinema, television or the internet or by other means), but does not include—
(a) still photography, or
(b) recording images of a wedding ceremony or other private celebration or event principally for the purpose of making a record for the participants in the ceremony, celebration or event, or
(c) recording images as a visitor or tourist for non-commercial purposes, or
(d) recording for the immediate purposes of a television program that provides information by way of current affairs or daily news.
fish has the same meaning as in the Fisheries Management Act 1994.
Note—
The term is defined as follows—
Definition of “fish”
(1)Fish means marine, estuarine or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead).
(2)Fish includes—(a) oysters and other aquatic molluscs, and(b) crustaceans, and(c) echinoderms, and(d) beachworms and other aquatic polychaetes.
(3)Fish also includes any part of a fish.
(4)However, fish does not include whales, mammals, reptiles, birds, amphibians or other things excluded from the definition by the regulations under the Fisheries Management Act 1994.
flood mitigation work means work designed and constructed for the express purpose of mitigating flood impacts. It involves changing the characteristics of flood behaviour to alter the level, location, volume, speed or timing of flood waters to mitigate flood impacts. Types of works may include excavation, construction or enlargement of any fill, wall, or levee that will alter riverine flood behaviour, local overland flooding, or tidal action so as to mitigate flood impacts.
Flood Planning Map means the Ballina Local Environmental Plan 2012 Flood Planning Map.
floor space ratio—see clause 4.5.
Floor Space Ratio Map means the Ballina Local Environmental Plan 2012 Floor Space Ratio Map.
food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following—
(a) a restaurant or cafe,
(b) take away food and drink premises,
(c) a pub,
(d) a small bar.
Note—
Food and drink premises are a type of retail premises—see the definition of that term in this Dictionary.
forestry means forestry operations within the meaning of the Forestry Act 2012 or Part 5B of the Local Land Services Act 2013.
freight transport facility means a facility used principally for the bulk handling of goods for transport by road, rail, air or sea, including any facility for the loading and unloading of vehicles, aircraft, vessels or containers used to transport those goods and for the parking, holding, servicing or repair of those vehicles, aircraft or vessels or for the engines or carriages involved.
function centre means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility.
funeral home means premises that are used to arrange, conduct and cater for funerals and memorial services, whether or not the premises include facilities for the short-term storage, dressing and viewing of bodies of deceased persons.
Note—
Funeral homes are a type of business premises—see the definition of that term in this Dictionary.
garden centre means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment. It may include a restaurant or cafe and the sale of any of the following—
(a) outdoor furniture and furnishings, barbecues, shading and awnings, pools, spas and associated supplies, and items associated with the construction and maintenance of outdoor areas,
(b) pets and pet supplies,
(c) fresh produce.
Note—
Garden centres are a type of retail premises—see the definition of that term in this Dictionary.
general industry means a building or place (other than a heavy industry or light industry) that is used to carry out an industrial activity.
Note—
General industries are a type of industry—see the definition of that term in this Dictionary.
gross floor area means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4 metres above the floor, and includes—but excludes—
(a) the area of a mezzanine, and
(b) habitable rooms in a basement or an attic, and
(c) any shop, auditorium, cinema, and the like, in a basement or attic,
(d) any area for common vertical circulation, such as lifts and stairs, and
(e) any basement—(i) storage, and(ii) vehicular access, loading areas, garbage and services, and
(f) plant rooms, lift towers and other areas used exclusively for mechanical services or ducting, and
(g) car parking to meet any requirements of the consent authority (including access to that car parking), and
(h) any space used for the loading or unloading of goods (including access to it), and
(i) terraces and balconies with outer walls less than 1.4 metres high, and
(j) voids above a floor at the level of a storey or storey above.
ground level (existing) means the existing level of a site at any point.
ground level (finished) means, for any point on a site, the ground surface after completion of any earthworks (excluding any excavation for a basement, footings or the like) for which consent has been granted or that is exempt development.
ground level (mean) means, for any site on which a building is situated or proposed, one half of the sum of the highest and lowest levels at ground level (finished) of the outer surface of the external walls of the building.
group home means a permanent group home or a transitional group home.
Note—
Group homes are a type of residential accommodation—see the definition of that term in this Dictionary.
group home (permanent) or permanent group home means a dwelling—but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
(a) that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b) that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged,
Note—
Permanent group homes are a type of group home—see the definition of that term in this Dictionary.
group home (transitional) or transitional group home means a dwelling—but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
(a) that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b) that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons formerly living in institutions or temporary accommodation comprising refuges for men, women or young people,
Note—
Transitional group homes are a type of group home—see the definition of that term in this Dictionary.
hardware and building supplies means a building or place the principal purpose of which is the sale or hire of goods or materials, such as household fixtures, timber, tools, paint, wallpaper, plumbing supplies and the like, that are used in the construction and maintenance of buildings and adjacent outdoor areas.
Note—
Hardware and building supplies are a type of retail premises—see the definition of that term in this Dictionary.
hazardous industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), pose a significant risk in the locality—
(a) to human health, life or property, or
(b) to the biophysical environment.
Note—
Hazardous industries are a type of heavy industry—see the definition of that term in this Dictionary.
hazardous storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), pose a significant risk in the locality—
(a) to human health, life or property, or
(b) to the biophysical environment.
Note—
Hazardous storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
headland includes a promontory extending from the general line of the coastline into a large body of water, such as a sea, coastal lake or bay.
health care professional means any person registered under an Act for the purpose of providing health care.
health consulting rooms means premises comprising one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals at any one time.
Note—
Health consulting rooms are a type of health services facility—see the definition of that term in this Dictionary.
health services facility means a building or place used to provide medical or other services relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or treatment of injury to persons, and includes any of the following—
(a) a medical centre,
(b) community health service facilities,
(c) health consulting rooms,
(d) patient transport facilities, including helipads and ambulance facilities,
(e) hospital.
heavy industrial storage establishment means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and that requires separation from other development because of the nature of the processes involved, or the goods, materials, plant or machinery stored, and includes any of the following—
(a) a hazardous storage establishment,
(b) a liquid fuel depot,
(c) an offensive storage establishment.
heavy industry means a building or place used to carry out an industrial activity that requires separation from other development because of the nature of the processes involved, or the materials used, stored or produced, and includes—It may also involve the use of a hazardous storage establishment or offensive storage establishment.
(a) hazardous industry, or
(b) offensive industry.
Note—
Heavy industries are a type of industry—see the definition of that term in this Dictionary.
Height of Buildings Map means the Ballina Local Environmental Plan 2012 Height of Buildings Map.
helipad means a place not open to the public used for the taking off and landing of helicopters.
heliport means a place open to the public that is used for the taking off and landing of helicopters, whether or not it includes—
(a) a terminal building, or
(b) facilities for the parking, storage or repair of helicopters.
Note—
Heliports are a type of air transport facility—see the definition of that term in this Dictionary.
heritage conservation area means an area of land of heritage significance—and includes any heritage items situated on or within that area.
(a) shown on the Heritage Map as a heritage conservation area, and
(b) the location and nature of which is described in Schedule 5,
heritage conservation management plan means a document prepared in accordance with guidelines prepared by the Public Service agency responsible to the Minister administering the Heritage Act 1977 that documents the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
heritage impact statement means a document consisting of—
(a) a statement demonstrating the heritage significance of a heritage item or heritage conservation area, and
(b) an assessment of the impact that proposed development will have on that significance, and
(c) proposals for measures to minimise that impact.
heritage item means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 5.
Note—
An inventory of heritage items is also available at the office of the Council.
heritage management document means—
(a) a heritage conservation management plan, or
(b) a heritage impact statement, or
(c) any other document that provides guidelines for the ongoing management and conservation of a heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.
Heritage Map means the Ballina Local Environmental Plan 2012 Heritage Map.
heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
high technology industry means a building or place predominantly used to carry out an industrial activity that involves any of the following—but does not include a building or place used to carry out an industrial activity that presents a hazard or potential hazard to the neighbourhood or that, because of the scale and nature of the processes involved, interferes with the amenity of the neighbourhood.
(a) electronic or micro-electronic systems, goods or components,
(b) information technology (such as computer software or hardware),
(c) instrumentation or instruments of a scientific, industrial, technological, medical or similar nature,
(d) biological, pharmaceutical, medical or paramedical systems, goods or components,
(e) film, television or multi-media technologies, including any post production systems, goods or components,
(f) telecommunications systems, goods or components,
(g) sustainable energy technologies,
(h) any other goods, systems or components intended for use in a science or technology related field,
Note—
High technology industries are a type of light industry—see the definition of that term in this Dictionary.
highway service centre means a building or place used to provide refreshments and vehicle services to highway users. It may include any one or more of the following—
(a) a restaurant or cafe,
(b) take away food and drink premises,
(c) service stations and facilities for emergency vehicle towing and repairs,
(d) parking for vehicles,
(e) rest areas and public amenities.
home-based child care means a family day care residence (within the meaning of the Children (Education and Care Services) National Law (NSW)) at which the education and care service is provided at any one time to no more than 7 children (including any child of the person providing the service) all of whom are under the age of 13 years and no more than 4 of whom are children who do not ordinarily attend school.
Note—
A family day care residence is a residence at which a family day care educator educates and cares for children as part of a family day care service—see the Children (Education and Care Services) National Law (NSW).
home business means a business, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following—but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
(a) the employment of more than 2 persons other than the residents,
(b) interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,
(c) the exposure to view, from adjacent premises or from a public place, of unsightly matter,
(d) the exhibition of signage, other than a business identification sign,
(e) the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,
Note—
See clause 5.4 for controls relating to the floor area used for a home business.
home industry means an industrial activity, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following—but does not include bed and breakfast accommodation or sex services premises.
(a) the employment of more than 2 persons other than the residents,
(b) interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,
(c) the exposure to view, from adjacent premises or from a public place, of unsightly matter,
(d) the exhibition of signage, other than a business identification sign,
(e) the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,
Note—
See clause 5.4 for controls relating to the floor area used for a home industry.
Home industries are a type of light industry—see the definition of that term in this Dictionary.
home occupation means an occupation that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve—but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
(a) the employment of persons other than those residents, or
(b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or
(c) the display of goods, whether in a window or otherwise, or
(d) the exhibition of any signage (other than a business identification sign), or
(e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
home occupation (sex services) means the provision of sex services in a dwelling that is a brothel, or in a building that is a brothel and is ancillary to such a dwelling, by no more than 2 permanent residents of the dwelling and that does not involve—but does not include a home business or sex services premises.
(a) the employment of persons other than those residents, or
(b) interference with the amenity of the neighbourhood by reason of the emission of noise, traffic generation or otherwise, or
(c) the exhibition of any signage, or
(d) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
horticulture means the cultivation of fruits, vegetables, mushrooms, nuts, cut flowers and foliage and nursery products for commercial purposes, but does not include a plant nursery, turf farming or viticulture.
Note—
Horticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
hospital means a building or place used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, psychiatric care or care for people with disabilities, or counselling 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 ancillary facilities for (or that consist of) any of the following—
(a) day surgery, day procedures or health consulting rooms,
(b) accommodation for nurses or other health care workers,
(c) accommodation for persons receiving health care or for their visitors,
(d) shops, kiosks, restaurants or cafes or take away food and drink premises,
(e) patient transport facilities, including helipads, ambulance facilities and car parking,
(f) educational purposes or any other health-related use,
(g) research purposes (whether or not carried out by hospital staff or health care workers or for commercial purposes),
(h) chapels,
(i) hospices,
(j) mortuaries.
Note—
Hospitals are a type of health services facility—see the definition of that term in this Dictionary.
hostel means premises that are generally staffed by social workers or support providers and at which—
(a) residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and
(b) cooking, dining, laundering, cleaning and other facilities are provided on a shared basis.
Note—
Hostels are a type of residential accommodation—see the definition of that term in this Dictionary.
hotel or motel accommodation means a building or place (whether or not licensed premises under the Liquor Act 2007) that provides temporary or short-term accommodation on a commercial basis and that—but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation.
(a) comprises rooms or self-contained suites, and
(b) may provide meals to guests or the general public and facilities for the parking of guests’ vehicles,
Note—
Hotel or motel accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
industrial activity means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting or servicing of, or the research and development of, any goods, substances, food, products or articles for commercial purposes, and includes any storage or transportation associated with any such activity.
industrial retail outlet means a building or place that—but does not include a warehouse or distribution centre.
(a) is used in conjunction with an industry (other than an artisan food and drink industry) or rural industry, and
(b) is situated on the land on which the industry or rural industry is located, and
(c) is used for the display or sale (whether by retail or wholesale) of only those goods that have been manufactured on the land on which the industry or rural industry is located,
Note—
See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet.
industrial training facility means a building or place used in connection with vocational training in an activity (such as forklift or truck driving, welding or carpentry) that is associated with an industry, rural industry, extractive industry or mining, but does not include an educational establishment, business premises or retail premises.
industry means any of the following—but does not include—
(a) general industry,
(b) heavy industry,
(c) light industry,
(d) rural industry, or
(e) extractive industry, or
(f) mining.
information and education facility means a building or place used for providing information or education to visitors, and the exhibition or display of items, and includes an art gallery, museum, library, visitor information centre and the like.
intensive livestock agriculture means the keeping or breeding, for commercial purposes, of cattle, poultry, pigs, goats, horses, sheep or other livestock, and includes any of the following—but does not include extensive agriculture, aquaculture or the operation of facilities for drought or similar emergency relief.
(a) dairies (restricted),
(b) feedlots,
(c) pig farms,
(d) poultry farms,
Note—
Intensive livestock agriculture is a type of agriculture—see the definition of that term in this Dictionary.
intensive plant agriculture means any of the following—
(a) the cultivation of irrigated crops for commercial purposes (other than irrigated pasture or fodder crops),
(b) horticulture,
(c) turf farming,
(d) viticulture.
Note—
Intensive plant agriculture is a type of agriculture—see the definition of that term in this Dictionary.
jetty means a horizontal decked walkway providing access from the shore to the waterway and is generally constructed on a piered or piled foundation.
kiosk means premises that are used for the purposes of selling food, light refreshments and other small convenience items such as newspapers, films and the like.
Note—
See clause 5.4 for controls relating to the gross floor area of a kiosk.
Kiosks are a type of retail premises—see the definition of that term in this Dictionary.
Land Application Map means the Ballina Local Environmental Plan 2012 Land Application Map.
Land Reclassification (Part Lots) Map means the Ballina Local Environmental Plan 2012 Land Reclassification (Part Lots) Map.
Land Reservation Acquisition Map means the Ballina Local Environmental Plan 2012 Land Reservation Acquisition Map.
Land Zoning Map means the Ballina Local Environmental Plan 2012 Land Zoning Map.
landscaped area means a part of a site used for growing plants, grasses and trees, but does not include any building, structure or hard paved area.
landscaping material supplies means a building or place used for the storage and sale of landscaping supplies such as soil, gravel, potting mix, mulch, sand, railway sleepers, screenings, rock and the like.
Note—
Landscaping material supplies are a type of retail premises—see the definition of that term in this Dictionary.
light industry means a building or place used to carry out an industrial activity that does not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and includes any of the following—
(a) high technology industry,
(b) home industry,
(c) artisan food and drink industry.
Note—
Light industries are a type of industry—see the definition of that term in this Dictionary.
liquid fuel depot means premises used for the bulk storage of petrol, oil, petroleum or other inflammable liquid for wholesale distribution and at which no retail trade is conducted.
Note—
Liquid fuel depots are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
livestock processing industry means a building or place used for the commercial production of products derived from the slaughter of animals (including poultry) or the processing of skins or wool of animals and includes abattoirs, knackeries, tanneries, woolscours and rendering plants.
Note—
Livestock processing industries are a type of rural industry—see the definition of that term in this Dictionary.
local distribution premises means a building or place used for the storage or handling of items (whether goods or materials) pending their delivery to people and businesses in the local area, but from which no retail sales are made.
Note—
Local distribution premises are a type of warehouse or distribution centre—see the definition of that term in this Dictionary.
Lot Size Map means the Ballina Local Environmental Plan 2012 Lot Size Map.
maintenance, in relation to a heritage item, Aboriginal object or Aboriginal place of heritage significance, or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care, but does not include the removal or disturbance of existing fabric, alterations (such as carrying out extensions or additions) or the introduction of new materials or technology.
marina means a permanent boat storage facility (whether located wholly on land, wholly on a waterway or partly on land and partly on a waterway), and includes any of the following associated facilities—
(a) any facility for the construction, repair, maintenance, storage, sale or hire of boats,
(b) any facility for providing fuelling, sewage pump-out or other services for boats,
(c) any facility for launching or landing boats, such as slipways or hoists,
(d) any car parking or commercial, tourist or recreational or club facility that is ancillary to the boat storage facility,
(e) any berthing or mooring facilities.
market means an open-air area, or an existing building, that is used for the purpose of selling, exposing or offering goods, merchandise or materials for sale by independent stall holders, and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis.
Note—
Markets are a type of retail premises—see the definition of that term in this Dictionary.
mean high water mark means the position where the plane of the mean high water level of all ordinary local high tides intersects the foreshore, being 1.44m above the zero of Fort Denison Tide Gauge and 0.515m Australian Height Datum.
medical centre means premises that are used for the purpose of providing health services (including preventative care, diagnosis, medical or surgical treatment, counselling or alternative therapies) to out-patients only, where such services are principally provided by health care professionals. It may include the ancillary provision of other health services.
Note—
Medical centres are a type of health services facility—see the definition of that term in this Dictionary.
mezzanine means an intermediate floor within a room.
mine means any place (including any excavation) where an operation is carried on for mining of any mineral by any method and any place on which any mining related work is carried out, but does not include a place used only for extractive industry.
mine subsidence district means a mine subsidence district proclaimed under section 15 of the Mine Subsidence Compensation Act 1961.
mining means mining carried out under the Mining Act 1992 or the recovery of minerals under the Offshore Minerals Act 1999, and includes—
(a) the construction, operation and decommissioning of associated works, and
(b) the rehabilitation of land affected by mining.
Note—
Mining is not a type of industry—see the definition of that term in this Dictionary.
mixed use development means a building or place comprising 2 or more different land uses.
mooring means a detached or freestanding apparatus located on or in a waterway and that is capable of securing a vessel, but does not include a mooring pen.
mooring pen means an arrangement of freestanding piles or other restraining devices designed or used for the purpose of berthing a vessel.
mortuary means premises that are used, or intended to be used, for the receiving, preparation, embalming and storage of bodies of deceased persons pending their interment or cremation.
moveable dwelling has the same meaning as in the Local Government Act 1993.
Note—
The term is defined as follows—
moveable dwelling means—
(a) any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
(b) a manufactured home, or
(c) any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition.
multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.
Note—
Multi dwelling housing is a type of residential accommodation—see the definition of that term in this Dictionary.
native fauna means any animal-life that is indigenous to New South Wales or is known to periodically or occasionally migrate to New South Wales, whether vertebrate (including fish) or invertebrate and in any stage of biological development, but does not include humans.
native flora means any plant-life that is indigenous to New South Wales, whether vascular or non-vascular and in any stage of biological development, and includes fungi and lichens, and marine vegetation within the meaning of Part 7A of the Fisheries Management Act 1994.
native vegetation has the same meaning as in Part 5A of the Local Land Services Act 2013.
means any waterway that is from time to time capable of navigation and is open to or used by the public for navigation, but does not include flood waters that have temporarily flowed over the established bank of a watercourse.
neighbourhood shop means premises used for the purposes of selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank or dry cleaning, but does not include neighbourhood supermarkets or restricted premises.
Note—
See clause 5.4 for controls relating to the retail floor area of neighbourhood shops.
Neighbourhood shops are a type of shop—see the definition of that term in this Dictionary.
neighbourhood supermarket means premises the principal purpose of which is the sale of groceries and foodstuffs to provide for the needs of people who live or work in the local area.
Note—
See clause 5.4 for controls relating to the gross floor area of neighbourhood supermarkets.
Neighbourhood supermarkets are a type of shop—see the definition of that term in this Dictionary.
nominated State heritage item means a heritage item that—
(a) has been identified as an item of State significance in a publicly exhibited heritage study adopted by the Council, and
(b) the Council has, by notice in writing to the Heritage Council, nominated as an item of potential State significance.
non-potable water means water that does not meet the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.
offensive industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
Note—
Offensive industries are a type of heavy industry—see the definition of that term in this Dictionary.
offensive storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
Note—
Offensive storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
office premises means a building or place used for the purpose of administrative, clerical, technical, professional or similar activities that do not include dealing with members of the public at the building or place on a direct and regular basis, except where such dealing is a minor activity (by appointment) that is ancillary to the main purpose for which the building or place is used.
Note—
Office premises are a type of commercial premises—see the definition of that term in this Dictionary.
open cut mining means mining carried out on, and by excavating, the earth’s surface, but does not include underground mining.
operational land has the same meaning as in the Local Government Act 1993.
oyster aquaculture means the cultivation of any species of edible oyster for a commercial purpose.
Note—
Oyster aquaculture is a type of aquaculture—see the definition of that term in this Dictionary.
parking space means a space dedicated for the parking of a motor vehicle, including any manoeuvring space and access to it, but does not include a car park.
passenger transport facility means a building or place used for the assembly or dispersal of passengers by any form of transport, including facilities required for parking, manoeuvring, storage or routine servicing of any vehicle that uses the building or place.
means—
(a) people who are disadvantaged because of their alcohol or drug dependence, extreme poverty, psychological disorder or other similar disadvantage, or
(b) people who require protection because of domestic violence or upheaval.
people with a disability means people of any age who, as a result of having an intellectual, psychiatric, sensory, physical or similar impairment, or a combination of such impairments, either permanently or for an extended period, have substantially limited opportunities to enjoy full and active lives.
pig farm means land that is used to keep or breed pigs for animal production, whether an indoor, outdoor, free-range or other type of operation.
Note—
Pig farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
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.
plant nursery means a building or place the principal purpose of which is the retail sale of plants that are grown or propagated on site or on an adjacent site. It may include the on-site sale of any such plants by wholesale and, if ancillary to the principal purpose for which the building or place is used, the sale of landscape and gardening supplies and equipment and the storage of these items.
Note—
Plant nurseries are a type of retail premises—see the definition of that term in this Dictionary.
pond-based aquaculture means aquaculture undertaken predominantly in ponds, raceways or dams (including any part of the aquaculture undertaken in tanks such as during the hatchery or depuration phases), but not including natural water-based aquaculture.
Note—
Pond-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical pond-based aquaculture is the pond culture of prawns, yabbies or silver perch.
port facilities means any of the following facilities at or in the vicinity of a designated port within the meaning of section 47 of the Ports and Maritime Administration Act 1995—
(a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c) wharves for commercial fishing operations,
(d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e) sea walls or training walls,
(f) administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
potable water means water that meets the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.
poultry farm means land that is used to keep or breed poultry for animal production, whether for meat or egg production (or both) and whether an indoor, outdoor, free-range or other type of operation.
Note—
Poultry farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
private open space means an area external to a building (including an area of land, terrace, balcony or deck) that is used for private outdoor purposes ancillary to the use of the building.
property vegetation plan mean a property vegetation plan approved under Part 4 of the Native Vegetation Act 2003 before the repeal of that Act (as continued in force by the regulations under the Biodiversity Conservation Act 2016).
pub means licensed premises under the Liquor Act 2007 the principal purpose of which is the retail sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises.
Note—
Pubs are a type of food and drink premises—see the definition of that term in this Dictionary.
public administration building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes, and includes a courthouse or a police station.
has the same meaning as in the Act.
public land has the same meaning as in the Local Government Act 1993.
public reserve has the same meaning as in the Local Government Act 1993.
public utility infrastructure, in relation to an urban release area, includes infrastructure for any of the following—
(a) the supply of water,
(b) the supply of electricity,
(c) the disposal and management of sewage.
public utility undertaking means any of the following undertakings carried on or permitted to be carried on by or by authority of any Public Service agency or under the authority of or in pursuance of any Commonwealth or State Act—and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Public Service agency, corporation, firm or authority carrying on the undertaking.
(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,
rainwater tank means a tank designed for the storage of rainwater gathered on the land on which the tank is situated.
recreation area means a place used for outdoor recreation that is normally open to the public, and includes—and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).
(a) a children’s playground, or
(b) an area used for community sporting activities, or
(c) a public park, reserve or garden or the like,
recreation facility (indoor) means a building or place used predominantly for indoor recreation, whether or not operated for the purposes of gain, including a squash court, indoor swimming pool, gymnasium, table tennis centre, health studio, bowling alley, ice rink or any other building or place of a like character used for indoor recreation, but does not include an entertainment facility, a recreation facility (major) or a registered club.
recreation facility (major) means a building or place used for large-scale sporting or recreation activities that are attended by large numbers of people whether regularly or periodically, and includes theme parks, sports stadiums, showgrounds, racecourses and motor racing tracks.
recreation facility (outdoor) means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major).
Reduced Level (RL) means height above the Australian Height Datum, being the datum surface approximating mean sea level that was adopted by the National Mapping Council of Australia in May 1971.
registered club means a club that holds a club licence under the Liquor Act 2007.
relic has the same meaning as in the Heritage Act 1977.
Note—
The term is defined as follows—
relic means any deposit, artefact, object or material evidence that—
(a) relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and
(b) is of State or local heritage significance.
research station means a building or place operated by a public authority for the principal purpose of agricultural, environmental, fisheries, forestry, minerals or soil conservation research, and includes any associated facility for education, training, administration or accommodation.
residential accommodation means a building or place used predominantly as a place of residence, and includes any of the following—but does not include tourist and visitor accommodation or caravan parks.
(a) attached dwellings,
(b) boarding houses,
(c) dual occupancies,
(d) dwelling houses,
(e) group homes,
(f) hostels,
(g) multi dwelling housing,
(h) residential flat buildings,
(i) rural workers’ dwellings,
(j) secondary dwellings,
(k) semi-detached dwellings,
(l) seniors housing,
(m) shop top housing,
residential care facility means accommodation for seniors or people with a disability that includes—but does not include a dwelling, hostel, hospital or psychiatric facility.
(a) meals and cleaning services, and
(b) personal care or nursing care, or both, and
(c) appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,
Note—
Residential care facilities are a type of seniors housing—see the definition of that term in this Dictionary.
residential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling or multi dwelling housing.
Note—
Residential flat buildings are a type of residential accommodation—see the definition of that term in this Dictionary.
resource recovery facility means a building or place used for the recovery of resources from waste, including works or activities such as separating and sorting, processing or treating the waste, composting, temporary storage, transfer or sale of recovered resources, energy generation from gases and water treatment, but not including re-manufacture or disposal of the material by landfill or incineration.
Note—
Resource recovery facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.
respite day care centre means a building or place that is used for the care of seniors or people who have a disability and that does not provide overnight accommodation for people other than those related to the owner or operator of the centre.
restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided.
Note—
Restaurants or cafes are a type of food and drink premises—see the definition of that term in this Dictionary.
restricted premises means premises that, due to their nature, restrict access to patrons or customers over 18 years of age, and includes sex shops and similar premises, but does not include a pub, hotel or motel accommodation, home occupation (sex services) or sex services premises.
restriction facilities means facilities where animals are constrained for management purposes, including milking sheds, pads, feed stalls, holding yards and paddocks where the number of livestock exceeds the ability of vegetation to recover from the effects of grazing in a normal growing season, but does not include facilities for drought or similar emergency relief.
retail premises means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale), and includes any of the following—but does not include highway service centres, service stations, industrial retail outlets or restricted premises.
(a) (Repealed)
(b) cellar door premises,
(c) food and drink premises,
(d) garden centres,
(e) hardware and building supplies,
(f) kiosks,
(g) landscaping material supplies,
(h) markets,
(i) plant nurseries,
(j) roadside stalls,
(k) rural supplies,
(l) shops,
(la) specialised retail premises,
(m) timber yards,
(n) vehicle sales or hire premises,
Note—
Retail premises are a type of commercial premises—see the definition of that term in this Dictionary.
road means a public road or a private road within the meaning of the Roads Act 1993, and includes a classified road.
roadside stall means a place or temporary structure used for the retail sale of agricultural produce or hand crafted goods (or both) produced from the property on which the stall is situated or from an adjacent property.
Note—
See clause 5.4 for controls relating to the gross floor area of roadside stalls.
Roadside stalls are a type of retail premises—see the definition of that term in this Dictionary.
rural industry means the handling, treating, production, processing, storage or packing of animal or plant agricultural products for commercial purposes, and includes any of the following—
(a) agricultural produce industries,
(b) livestock processing industries,
(c) composting facilities and works (including the production of mushroom substrate),
(d) sawmill or log processing works,
(e) stock and sale yards,
(f) the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise.
Note—
Rural industries are not a type of industry—see the definition of that term in this Dictionary.
rural supplies means a building or place used for the display, sale or hire of stockfeeds, grains, seed, fertilizers, veterinary supplies and other goods or materials used in farming and primary industry production.
Note—
Rural supplies are a type of retail premises—see the definition of that term in this Dictionary.
rural worker’s dwelling means a building or place that is additional to a dwelling house on the same lot and that is used predominantly as a place of residence by persons employed, whether on a long-term or short-term basis, for the purpose of agriculture or a rural industry on that land.
Note—
Rural workers’ dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
sawmill or log processing works means a building or place used for handling, cutting, chipping, pulping or otherwise processing logs, baulks, branches or stumps, principally derived from surrounding districts, into timber or other products derived from wood.
Note—
Sawmill or log processing works are a type of rural industry—see the definition of that term in this Dictionary.
school means a government school or non-government school within the meaning of the Education Act 1990.
Note—
Schools are a type of educational establishment—see the definition of that term in this Dictionary.
school-based child care means a building or place within a school that is used to provide out-of-school-hours care (including vacation care) for school children only.
Note—
Accordingly, a building or place within a school that is used to provide out-of-school-hours care for both school children and pre-school children is not school-based child care.
secondary dwelling means a self-contained dwelling that—
(a) is established in conjunction with another dwelling (the principal dwelling), and
(b) is on the same lot of land as the principal dwelling, and
(c) is located within, or is attached to, or is separate from, the principal dwelling.
Note—
See clause 5.4 for controls relating to the total floor area of secondary dwellings.
Secondary dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
self-storage units means premises that consist of individual enclosed compartments for storing goods or materials (other than hazardous or offensive goods or materials).
Note—
Self-storage units are a type of storage premises—see the definition of that term in this Dictionary.
semi-detached dwelling means a dwelling that is on its own lot of land and is attached to only one other dwelling.
Note—
Semi-detached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
seniors housing means a building or place that is—and that is, or is intended to be, used permanently for—but does not include a hospital.
(a) a residential care facility, or
(b) a hostel within the meaning of clause 12 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, or
(c) a group of self-contained dwellings, or
(d) a combination of any of the buildings or places referred to in paragraphs (a)–(c),
(e) seniors or people who have a disability, or
(f) people who live in the same household with seniors or people who have a disability, or
(g) staff employed to assist in the administration of the building or place or in the provision of services to persons living in the building or place,
Note—
Seniors housing is a type of residential accommodation—see the definition of that term in this Dictionary.
service station means a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following—
(a) the ancillary sale by retail of spare parts and accessories for motor vehicles,
(b) the cleaning of motor vehicles,
(c) installation of accessories,
(d) inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),
(e) the ancillary retail selling or hiring of general merchandise or services or both.
serviced apartment means a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.
Note—
Serviced apartments are a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
sewage reticulation system means a building or place used for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated waste for use or disposal, including associated—
(a) pipelines and tunnels, and
(b) pumping stations, and
(c) dosing facilities, and
(d) odour control works, and
(e) sewage overflow structures, and
(f) vent stacks.
Note—
Sewage reticulation systems are a type of sewerage system—see the definition of that term in this Dictionary.
sewage treatment plant means a building or place used for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply.
Note—
Sewage treatment plants are a type of sewerage system—see the definition of that term in this Dictionary.
sewerage system means any of the following—
(a) biosolids treatment facility,
(b) sewage reticulation system,
(c) sewage treatment plant,
(d) water recycling facility,
(e) a building or place that is a combination of any of the things referred to in paragraphs (a)–(d).
sex services means sexual acts or sexual services in exchange for payment.
sex services premises means a brothel, but does not include home occupation (sex services).
shop means premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop and neighbourhood supermarket, but does not include food and drink premises or restricted premises.
Note—
Shops are a type of retail premises—see the definition of that term in this Dictionary.
shop top housing means one or more dwellings located above ground floor retail premises or business premises.
Note—
Shop top housing is a type of residential accommodation—see the definition of that term in this Dictionary.
signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes any of the following—but does not include a traffic sign or traffic control facilities.
(a) an advertising structure,
(b) a building identification sign,
(c) a business identification sign,
site area means the area of any land on which development is or is to be carried out. The land may include the whole or part of one lot, or more than one lot if they are contiguous to each other, but does not include the area of any land on which development is not permitted to be carried out under this Plan.
Note—
The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.
site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage—
(a) any basement,
(b) any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,
(c) any eaves,
(d) unenclosed balconies, decks, pergolas and the like.
small bar means a small bar within the meaning of the Liquor Act 2007.
Note—
Small bars are a type of food and drink premises—see the definition of that term in this Dictionary.
spa pool has the same meaning as in the Swimming Pools Act 1992.
Note—
The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
special event means a function or event open to the public or a section of the public and includes a ceremony, concert, cultural celebration, dance, exhibition, fair, festival, fete, gathering, market, open air theatre, parade, sporting event or street parade.
specialised retail premises means a building or place the principal purpose of which is the sale, hire or display of goods that are of a size, weight or quantity, that requires—but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale, hire or display of other goods referred to in this definition.
(a) a large area for handling, display or storage, or
(b) direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,
Note—
Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies.
Specialised retail premises are a type of retail premises—see the definition of that term in this Dictionary.
stock and sale yard means a building or place that is used on a commercial basis for the purpose of offering livestock or poultry for sale and that may be used for the short-term storage and watering of stock.
Note—
Stock and sale yards are a type of rural industry—see the definition of that term in this Dictionary.
storage premises means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and where the storage is not ancillary to any industry, business premises or retail premises on the same parcel of land, and includes self-storage units, but does not include a heavy industrial storage establishment or a warehouse or distribution centre.
storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include—
(a) a space that contains only a lift shaft, stairway or meter room, or
(b) a mezzanine, or
(c) an attic.
Strategic Urban Growth Area Map means the Ballina Local Environmental Plan 2012 Strategic Urban Growth Area Map.
swimming pool has the same meaning as in the Swimming Pools Act 1992.
Note—
The term is defined as follows—
swimming pool means an excavation, structure or vessel—and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.
(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,
take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises.
Note—
Take away food and drink premises are a type of food and drink premises—see the definition of that term in this Dictionary.
tank-based aquaculture means aquaculture undertaken exclusively in tanks, but not including natural water-based aquaculture.
Note—
Tank-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical tank-based aquaculture is the tank culture of barramundi or abalone.
telecommunications facility means—
(a) any part of the infrastructure of a telecommunications network, or
(b) any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or
(c) any other thing used in or in connection with a telecommunications network.
telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both.
temporary structure has the same meaning as in the Act.
Note—
The term is defined as follows—
temporary structure includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure.
the Act means the Environmental Planning and Assessment Act 1979.
timber yard means a building or place the principal purpose of which is the sale of sawn, dressed or treated timber, wood fibre boards or similar timber products. It may include the cutting of such timber, boards or products to order and the sale of hardware, paint, tools and materials used in conjunction with the use and treatment of timber.
Note—
Timber yards are a type of retail premises—see the definition of that term in this Dictionary.
tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following—but does not include—
(a) backpackers’ accommodation,
(b) bed and breakfast accommodation,
(c) farm stay accommodation,
(d) hotel or motel accommodation,
(e) serviced apartments,
(f) camping grounds, or
(g) caravan parks, or
(h) eco-tourist facilities.
transport depot means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a business, industry, shop or passenger or freight transport undertaking.
truck depot means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like.
turf farming means the commercial cultivation of turf for sale and the removal of turf for that purpose.
Note—
Turf farming is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
underground mining means—but does not include open cut mining.
(a) mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and
(b) shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),
urban release area means an area of land identified as “Urban Release Area” on the Urban Release Area Map.
Urban Release Area Map means the Ballina Local Environmental Plan 2012 Urban Release Area Map.
vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel building, panel beating, spray painting or chassis restoration.
vehicle repair station means a building or place used for the purpose of carrying out repairs to, or the selling and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop or vehicle sales or hire premises.
vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.
Note—
Vehicle sales or hire premises are a type of retail premises—see the definition of that term in this Dictionary.
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 purpose of treatment.
viticulture means the cultivation of grapes for use in the commercial production of fresh or dried fruit or wine.
Note—
Viticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
warehouse or distribution centre means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made, and includes local distribution premises.
waste disposal facility means a building or place used for the disposal of waste by landfill, incineration or other means, including such works or activities as recycling, resource recovery and other resource management activities, energy generation from gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal.
Note—
Waste disposal facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.
waste or resource management facility means any of the following—
(a) a resource recovery facility,
(b) a waste disposal facility,
(c) a waste or resource transfer station,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
waste or resource transfer station means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport.
Note—
Waste or resource transfer stations are a type of waste or resource management facility—see the definition of that term in this Dictionary.
water recreation structure means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.
water recycling facility means a building or place used for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including, in particular, sewer mining works), whether the facility stands alone or is associated with other development, and includes associated—
(a) retention structures, and
(b) treatment works, and
(c) irrigation schemes.
Note—
Water recycling facilities are a type of sewerage system—see the definition of that term in this Dictionary.
water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure and dosing facilities.
Note—
Water reticulation systems are a type of water supply system—see the definition of that term in this Dictionary.
water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.
Note—
Water storage facilities are a type of water supply system—see the definition of that term in this Dictionary.
water supply system means any of the following—
(a) a water reticulation system,
(b) a water storage facility,
(c) a water treatment facility,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
water treatment facility means a building or place used for the treatment of water (such as a desalination plant or a recycled or reclaimed water plant) whether the water produced is potable or not, and includes residuals treatment, storage and disposal facilities, but does not include a water recycling facility.
Note—
Water treatment facilities are a type of water supply system—see the definition of that term in this Dictionary.
waterbody means a waterbody (artificial) or waterbody (natural).
waterbody (artificial) or artificial waterbody means an artificial body of water, including any constructed waterway, canal, inlet, bay, channel, dam, pond, lake or artificial wetland, but does not include a dry detention basin or other stormwater management construction that is only intended to hold water intermittently.
waterbody (natural) or natural waterbody means a natural body of water, whether perennial or intermittent, fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes a river, creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal waters (including the sea).
watercourse means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include a waterbody (artificial).
waterway means the whole or any part of a watercourse, wetland, waterbody (artificial) or waterbody (natural).
wetland means—
(a) natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b) artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
wharf or boating facilities means a wharf or any of the following facilities associated with a wharf or boating that are not port facilities—
(a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c) wharves for commercial fishing operations,
(d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e) sea walls or training walls,
(f) administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
wholesale supplies means a building or place used for the display, sale or hire of goods or materials by wholesale only to businesses that have an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.
Dictionary: Am 2014 (207), Sch 1; 2014 (436), cl 4 (2); 2014 (816), cl 4 (2); 2019 (501), Sch 1[4].