Shoalhaven Local Environmental Plan 2014



Part 1 Preliminary
1.1   Name of Plan
This Plan is Shoalhaven Local Environmental Plan 2014.
1.1AA   Commencement
This Plan commences 14 days after it is published on the NSW legislation website.
1.2   Aims of Plan
(1)  This Plan aims to make local environmental planning provisions for land in Shoalhaven 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 encourage the proper management, development and conservation of natural and man-made resources,
(b)  to facilitate the social and economic wellbeing of the community,
(c)  to ensure that suitable land for beneficial and appropriate uses is made available as required,
(d)  to manage appropriate and essential public services, infrastructure and amenities for Shoalhaven,
(e)  to minimise the risk of harm to the community through the appropriate management of development and land use.
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(1AA)    (Repealed)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 NSW Planning Portal. 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—
While the following local environmental plan no longer applies to the land to which this Plan applies, it continues to apply to the land identified as “Deferred matter” under clause 1.3(1A)—
Interim Development Order No 1—Shire of Shoalhaven
1.8A   Savings provision relating to development applications
(1)  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 4B of Part 3 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.
(2)  If a development application has been made before the commencement of Shoalhaven Local Environmental Plan 2014 (Amendment No 35) in relation to land to which that Plan applies and the application has not been finally determined before that commencement, the application must be determined as if that Plan had not commenced.
cl 1.8A: Am 2020 (502), Sch 1[1].
1.8B   (Repealed)
cl 1.8B: Rep 2016 (310), Sch 4.24 [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 4.24 [2].
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 (482), Sch 1 [1]; 2019 (621), Sch 5[3] [4].
Part 2 Permitted or prohibited development
2.1   Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
RU4 Primary Production Small Lots
RU5 Village
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
Mixed Use Zones
MU1 Mixed Use
Waterway Zones
W4 Working Waterfront
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
W3 Working Waterways
cl 2.1: Am 2022 (857), Sch 1.5[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—
1   
Schedule 1 sets out additional permitted uses for particular land.
2   
Schedule 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.
3   
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4   
Clause 2.6 requires consent for subdivision of land.
5   
Part 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, or
(b)  if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(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—
1   
If 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.
2   
Part 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).
2.9   Canal estate development prohibited
(1)  Canal estate development is prohibited on land to which this Plan applies.
(2)  In this Plan, canal estate development means development that involves—
(a)  a constructed canal, or other waterway or waterbody, that—
(i)  is inundated by surface water or groundwater movement, or
(ii)  drains to a waterway or waterbody by surface water or groundwater movement, and
(b)  the erection of a dwelling, and
(c)  one or both of the following—
(i)  the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,
(ii)  excavation to create a waterway.
(3)  Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—
(a)  carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and
(b)  limited to the minimum reasonable size and capacity.
(4)  In this clause—
flood planning area has the same meaning as in clause 5.21.
Land Use Table
Note—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including 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 2015 (692), Sch 1 [1]; 2015 (788), Sch 1 [1] [2]; 2016 (168), Sch 1 [2] [5]; 2016 No 27, Sch 2.44; 2016 (525), Sch 1 [1]; 2017 (493), Sch 1.1 [1] [2]; 2018 (46), Sch 1 [1]; 2018 (403), cl 4; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 No 1, Sch 2.28; 2019 (481), cl 5 (1); 2019 (482), Sch 1 [2] [3]; 2021 (714), Sch 10.16; 2022 (297), Sch 1[1] [2]; 2022 (314), Sch 1; 2022 (857), Sch 1.5[2]; 2023 (458), Sch 2.70[1] [2].
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 conserve and maintain productive prime crop and pasture land.
  To conserve and maintain the economic potential of the land within this zone for extractive industries.
2   Permitted without consent
Extensive agriculture; Forestry; Home occupations
3   Permitted with consent
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Aquaculture; Artisan food and drink industries; Boat building and repair facilities; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Crematoria; Depots; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Educational establishments; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Flood mitigation works; Food and drink premises; Group homes; Helipads; Home-based child care; Home businesses; Home industries; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Marinas; Markets; Mooring pens; Moorings; Offensive industries; Open cut mining; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Roads; Roadside stalls; Rural industries; Rural workers’ dwellings; Tourist and visitor accommodation; Veterinary hospitals; Water recreation structures; Water supply systems
4   Prohibited
Hotel or motel accommodation; Pubs; 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.
2   Permitted without consent
Extensive agriculture; Forestry; Home occupations
3   Permitted with consent
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Aquaculture; Artisan food and drink industries; Boat building and repair facilities; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Crematoria; Depots; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Flood mitigation works; Food and drink premises; Freight transport facilities; Funeral homes; Group homes; Hazardous industries; Helipads; Home-based child care; Home businesses; Home industries; Information and education facilities; Marinas; Markets; Mooring pens; Moorings; Offensive industries; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Roads; Roadside stalls; Rural industries; Tourist and visitor accommodation; Veterinary hospitals; Water recreation structures; Water supply systems
4   Prohibited
Hotel or motel accommodation; Pubs; Serviced apartments; Any other development not specified in item 2 or 3
Zone RU3   Forestry
1   Objectives of zone
  To enable development for forestry purposes.
  To enable other development that is compatible with forestry land uses.
  To encourage the recreational use of forest resources where such use is compatible with timber production.
  To recognise the role of forest resources in providing habitat corridors and in maintaining water quality.
2   Permitted without consent
Uses authorised under the Forestry Act 2012 or under Part 5B (Private native forestry) of the Local Land Services Act 2013
3   Permitted with consent
Aquaculture; Roads
4   Prohibited
Any development not specified in item 2 or 3
Zone RU4   Primary Production Small Lots
1   Objectives of zone
  To enable sustainable primary industry and other compatible land uses.
  To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.
  To minimise conflict between land uses within this zone and land uses within adjoining zones.
2   Permitted without consent
Home occupations
3   Permitted with consent
Agritourism; Aquaculture; Bed and breakfast accommodation; Building identification signs; Business identification signs; Cellar door premises; Community facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Extensive agriculture; Farm buildings; Farm stay accommodation; Flood mitigation works; Home-based child care; Home businesses; Home industries; Intensive plant agriculture; Landscaping material supplies; Plant nurseries; Recreation areas; Roads; Roadside stalls; Water storage facilities
4   Prohibited
Any development not specified in item 2 or 3
Zone RU5   Village
1   Objectives of zone
  To provide for a range of land uses, services and facilities that are associated with a rural village.
2   Permitted without consent
Home occupations
3   Permitted with consent
Attached dwellings; Boarding houses; Boat building and repair facilities; Boat sheds; Building identification signs; Business identification signs; Business premises; Car parks; Caravan parks; Charter and tourism boating facilities; Centre-based child care facilities; Community facilities; Depots; Dual occupancies; Dwelling houses; Entertainment facilities; Environmental facilities; Environmental protection works; Exhibition homes; Flood mitigation works; Function centres; Group homes; Helipads; Home-based child care; Home businesses; Home industries; Hostels; Industrial retail outlets; Information and education facilities; Light industries; Multi dwelling housing; Neighbourhood shops; Office premises; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential care facilities; Residential flat buildings; Respite day care centres; Retail premises; Roads; Schools; Semi-detached dwellings; Service stations; Sewerage systems; Shop top housing; Storage premises; Tank-based aquaculture; Tourist and visitor accommodation; Transport depots; Vehicle repair stations; Veterinary hospitals; Water recreation structures; Water supply systems
4   Prohibited
Farm stay accommodation; Any other development not specified in item 2 or 3
Zone R1   General Residential
1   Objectives of zone
  To provide for the housing needs of the community.
  To provide for a variety of housing types and densities.
  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
  To identify land suitable for future urban expansion.
2   Permitted without consent
Home occupations
3   Permitted with consent
Attached dwellings; Boarding houses; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Emergency services facilities; Environmental protection works; Exhibition homes, Exhibition villages; Group homes; Home-based child care; Home businesses; Home industries; Hostels; Jetties; Multi dwelling housing; Neighbourhood shops; Office premises; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Registered clubs; Residential flat buildings; Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Sewerage systems; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals; Water supply systems
4   Prohibited
Farm stay accommodation; 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 an environment primarily for detached housing and to ensure that other development is compatible with that environment.
2   Permitted without consent
Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Boarding houses; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental protection works; Exhibition homes; Flood mitigation works; Group homes; Health consulting rooms; Home-based child care; Home businesses; Home industries; Jetties; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Sewerage systems; Tank-based aquaculture; Water supply systems
4   Prohibited
Any development not specified in item 2 or 3
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 opportunities for development for the purposes of tourist and visitor accommodation where this does not conflict with the residential environment.
2   Permitted without consent
Nil
3   Permitted with consent
Attached dwellings; Boarding houses; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Emergency services facilities; Environmental protection works; Exhibition homes; Exhibition villages; Group homes; Home-based child care; Home businesses, Home industries; Home occupations; Hostels; Information and education facilities; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Registered clubs; Residential flat buildings; Respite day care centres; Roads; Secondary dwellings; Seniors housing; Sewerage systems; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals; Water supply systems
4   Prohibited
Farm stay accommodation; Any other development not specified in item 2 or 3
Zone R5   Large Lot Residential
1   Objectives of zone
  To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.
  To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.
  To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.
  To minimise conflict between land uses within this zone and land uses within adjoining zones.
2   Permitted without consent
Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Building identification signs; Business identification signs; Community facilities; Dual occupancies (attached); Dwelling houses; Emergency services facilities; Environmental facilities; Environmental protection works; Exhibition homes; Extensive agriculture; Group homes (transitional); Home-based child care; Home businesses; Home industries; Horticulture; Neighbourhood shops; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Roads; Secondary dwellings; Sewerage systems; Tank-based aquaculture; Water supply systems
4   Prohibited
Any development not specified in item 2 or 3
Zone E1   Local Centre
1   Objectives of zone
  To provide a range of retail, business and community uses that serve the needs of people who live in, work in or visit the area.
  To encourage investment in local commercial development that generates employment opportunities and economic growth.
  To enable residential development that contributes to a vibrant and active local centre and is consistent with the Council’s strategic planning for residential development in the area.
  To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
  To ensure that development is of a scale that is compatible with the character of the surrounding residential environment.
2   Permitted without consent
Nil
3   Permitted with consent
Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Home industries; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation facilities (indoor); Respite day care centres; Service stations; Serviced apartments; Shop top housing; Tank-based aquaculture; Veterinary hospitals; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Sex services premises; Signage; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Wharf or boating facilities
Zone E2   Commercial Centre
1   Objectives of zone
  To strengthen the role of the commercial centre as the centre of business, retail, community and cultural activity.
  To encourage investment in commercial development that generates employment opportunities and economic growth.
  To encourage development that has a high level of accessibility and amenity, particularly for pedestrians.
  To enable residential development only if it is consistent with the Council’s strategic planning for residential development in the area.
  To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
2   Permitted without consent
Nil
3   Permitted with consent
Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Home industries; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Mortuaries; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Vehicle repair stations; Veterinary hospitals; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Bed and breakfast accommodation; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Recreation facilities (major); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Signage; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Wharf or boating facilities
Zone E3   Productivity Support
1   Objectives of zone
  To provide a range of facilities and services, light industries, warehouses and offices.
  To provide for land uses that are compatible with, but do not compete with, land uses in surrounding local and commercial centres.
  To maintain the economic viability of local and commercial centres by limiting certain retail and commercial activity.
  To provide for land uses that meet the needs of the community, businesses and industries but that are not suited to locations in other employment zones.
  To provide opportunities for new and emerging light industries.
  To enable other land uses that provide facilities and services to meet the day to day needs of workers, to sell goods of a large size, weight or quantity or to sell goods manufactured on-site.
  To allow diversity of activities that do not significantly conflict with the operation of existing or proposed development.
2   Permitted without consent
Nil
3   Permitted with consent
Animal boarding or training establishments; Backpackers’ accommodation; Boarding houses; Boat building and repair facilities; Building identification signs; Business identification signs; Business premises; Centre-based child care facilities; Community facilities; Depots; Function centres; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Kiosks; Landscaping material supplies; Light industries; Local distribution premises; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Rural supplies; Service stations; Serviced apartments; Shop top housing; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Wholesale supplies; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Eco-tourist facilities; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Helipads; Highway service centres; Home businesses; Home occupations; Home occupations (sex services); Home-based child care; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Registered clubs; Residential accommodation; Resource recovery facilities; Restricted premises; Retail premises; Rural industries; Sex services premises; Signage; Tourist and visitor accommodation; Transport depots; Truck depots; Waste disposal facilities; Water recreation structures; Wharf or boating facilities
Zone E4   General Industrial
1   Objectives of zone
  To provide a range of industrial, warehouse, logistics and related land uses.
  To ensure the efficient and viable use of land for industrial uses.
  To minimise any adverse effect of industry on other land uses.
  To encourage employment opportunities.
  To enable limited non-industrial land uses that provide facilities and services to meet the needs of businesses and workers.
  To allow a diversity of activities that do not significantly conflict with the operation of existing or proposed development.
2   Permitted without consent
Nil
3   Permitted with consent
Depots; Freight transport facilities; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Industrial retail outlets; Industrial training facilities; Kiosks; Landscaping material supplies; Light industries; Local distribution premises; Markets; Neighbourhood shops; Oyster aquaculture; Plant nurseries; Specialised retail premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Correctional centres; Crematoria; Eco-tourist facilities; Educational establishments; Environmental facilities; Exhibition villages; Extractive industries; Farm buildings; Forestry; Function centres; Health services facilities; Heavy industries; Highway service centres; Home businesses; Home occupations; Home occupations (sex services); Home-based child care; Information and education facilities; Marinas; Mooring pens; Moorings; Office premises; Open cut mining; Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Retail premises; Sex services premises; Tourist and visitor accommodation; Water recreation structures; Wharf or boating facilities
Zone MU1   Mixed Use
1   Objectives of zone
  To encourage a diversity of business, retail, office and light industrial land uses that generate employment opportunities.
  To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
  To minimise conflict between land uses within this zone and land uses within adjoining zones.
  To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
2   Permitted without consent
Nil
3   Permitted with consent
Amusement centres; Attached dwellings; Boarding houses; Building identification signs; Business identification signs; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Information and education facilities; Light industries; Local distribution premises; Medical centres; Multi dwelling housing; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Recreation facilities (outdoor); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Sex services premises; Signage; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Wharf or boating facilities
Zone W4   Working Waterfront
1   Objectives of zone
  To retain and encourage industrial and maritime activities on foreshores.
  To identify sites for maritime purposes and for activities requiring direct foreshore access.
  To ensure that development does not have an adverse impact on the environment and visual qualities of the foreshore.
  To encourage employment opportunities.
  To minimise any adverse effect of development on land uses in other zones.
2   Permitted without consent
Building identification signs; Roads
3   Permitted with consent
Aquaculture; Boat building and repair facilities; Boat launching ramps; Heliports; Hotel or motel accommodation; Jetties; Kiosks; Light industries; Liquid fuel depots; Markets; Restaurants or cafes; Serviced apartments; Take away food and drink premises; Vehicle sales or hire premises; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Commercial premises; Correctional centres; Crematoria; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Function centres; Health services facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home businesses; Home occupations; Home occupations (sex services); Home-based child care; Industries; Information and education facilities; Local distribution premises; Mortuaries; Open cut mining; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Resource recovery facilities; Respite day care centres; 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 disposal facilities
Zone SP1   Special Activities
1   Objectives of zone
  To provide for special land uses that are not provided for in other zones.
  To provide for sites with special natural characteristics that are not provided for in other zones.
  To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; Environmental protection works; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
4   Prohibited
Any development not specified in item 2 or 3
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 consent
Nil
3   Permitted with consent
Aquaculture; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
4   Prohibited
Any development not specified in item 2 or 3
Zone SP3   Tourist
1   Objectives of zone
  To provide for a variety of tourist-oriented development and related uses.
  To enable compatible residential and recreational uses.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Charter and tourism boating facilities; Dwelling houses; Environmental facilities; Environmental protection works; Food and drink premises; Function centres; Helipads; Heliports; Information and education facilities; Kiosks; Recreation areas; Recreation facilities (indoor); Roads; Sewerage systems; Shop top housing; Tourist and visitor accommodation; Water recreation structures; Water supply systems
4   Prohibited
Any 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.
2   Permitted without consent
Nil
3   Permitted with consent
Agriculture; Aquaculture; Boat building and repair facilities; Boat sheds; Building identification signs; Camping grounds; Car parks; Caravan parks; Charter and tourism boating facilities; Centre-based child care facilities; Community facilities; Eco-tourist facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Function centres; Heliports; Information and education facilities; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Restaurants or cafes; Respite day care centres; Roads; Sewerage systems; Water recreation structures; Water supply systems
4   Prohibited
Agritourism; Any other 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.
2   Permitted without consent
Nil
3   Permitted with consent
Amusement centres; Aquaculture; Boat building and repair facilities; Boat sheds; Camping grounds; Caravan parks; Charter and tourism boating facilities; Community facilities; Eco-tourist facilities; Emergency services facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Food and drink premises; Function centres; Helipads, Heliports; Information and education facilities; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Restaurants or cafes; Roads; Sewerage systems; Signage; Tourist and visitor accommodation; Water recreation structures; Water supply systems
4   Prohibited
Any development not specified in item 2 or 3
Zone C1   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 consent
Uses authorised under the National Parks and Wildlife Act 1974
3   Permitted with consent
Nil
4   Prohibited
Any development not specified in item 2 or 3
Zone C2   Environmental Conservation
1   Objectives of zone
  To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
  To prevent development that could destroy, damage or otherwise have an adverse effect on those values.
  To protect water quality and the ecological integrity of water supply catchments and other catchments and natural waterways.
  To protect the scenic, ecological, educational and recreational values of wetlands, rainforests, escarpment areas and fauna habitat linkages.
  To conserve and, where appropriate, restore natural vegetation in order to protect the erosion and slippage of steep slopes.
2   Permitted without consent
Nil
3   Permitted with consent
Bed and breakfast accommodation; Boat sheds; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Emergency services facilities; Environmental facilities; Environmental protection works; Home businesses; Oyster aquaculture; Recreation areas; Research stations; Roads; Sewerage systems; Water recreation structures; Water supply systems
4   Prohibited
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Zone C3   Environmental Management
1   Objectives of zone
  To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.
  To provide for a limited range of development that does not have an adverse effect on those values.
  To protect the natural and cultural features of the landscape, including coastal and foreshore areas, that contribute to scenic value and visual amenity.
  To maintain the stability of coastal land forms and protect the water quality and ecological values of estuaries and coastal streams.
2   Permitted without consent
Home occupations
3   Permitted with consent
Animal boarding or training establishments; Boat building and repair facilities; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Cellar door premises; Charter and tourism boating facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Extensive agriculture; Forestry; Group homes; Helipads; Home-based child care; Home businesses; Home industries; Information and educational facilities; Kiosks; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Research stations; Roads; Roadside stalls; Sewerage systems; Tank-based aquaculture; Tourist and visitor accommodation; Water recreation structures; Water supply systems
4   Prohibited
Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Serviced apartments; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Zone C4   Environmental Living
1   Objectives of zone
  To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.
  To ensure that residential development does not have an adverse effect on those values.
2   Permitted without consent
Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Bee keeping; Building identification signs; Business identification signs; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Home-based child care; Home businesses; Home industries; Oyster aquaculture; Pond-based aquaculture; Roads; Roadside stalls; Tank-based aquaculture; Water storage facilities
4   Prohibited
Industries; Local distribution premises; Service stations; Warehouse or distribution centres; Any other 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.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; Boat launching ramps; Boat sheds; Environmental facilities; Environmental protection works; Jetties; Mooring pens; Moorings; Research stations; Sewerage systems; Water supply systems
4   Prohibited
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; 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.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; Boat building and repair facilities; Boat sheds; Charter and tourism boating facilities; Environmental facilities; Environmental protection works; Jetties; Kiosks; Marinas; Mooring pens; Moorings; Recreation areas; Recreation facilities (outdoor); Restaurants or cafes; Sewerage systems; Water recreation structures; Water supply systems
4   Prohibited
Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Seniors housing; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Zone W3   Working Waterways
1   Objectives of zone
  To enable the efficient movement and operation of commercial shipping, water-based transport and maritime industries.
  To promote the equitable use of waterways, including appropriate recreational uses.
  To minimise impacts on ecological values arising from the active use of waterways.
  To provide for sustainable fishing industries.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; Boat building and repair facilities; Boat sheds; Charter and tourism boating facilities; Environmental facilities; Environmental protection works; Kiosks; Marinas; Mooring pens; Moorings; Port facilities; Recreation areas; Recreation facilities (outdoor); Restaurants or cafes; Sewerage systems; Signage; Water recreation structures; Water supply systems; Wharf or boating facilities
4   Prohibited
Any 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.
(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, and
(b)  the requirements of this Part,
is complying development.
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 identified as riparian land by clause 7.6(2)(a),
(jb)  land identified as “Excluded Land” on the Terrestrial Biodiversity 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, and reinforces the predominant or historic subdivision pattern and character of, an area,
(b)  to minimise any likely impact of subdivision and development on the amenity of neighbouring properties,
(c)  to ensure that lot sizes and dimensions are able to accommodate development consistent with relevant development controls.
(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.
(3A)  If a lot is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size.
(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 2021, or
(ba)  occurring as part of the closure of a public road under Part 4 of the Roads Act 1993.
cl 4.1: Am 2019 (482), Sch 1 [4]; 2020 (502), Sch 1[2].
4.1AA   Minimum subdivision lot size for community title schemes
(1)  The objectives of this clause are as follows—
(a)  to provide controls for the subdivision of community schemes in order to achieve the objectives of the relevant zones.
(2)  This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 2021 of land in any of the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone RU4 Primary Production Small Lots,
(d)  Zone R5 Large Lot Residential,
(e)  Zone C2 Environmental Conservation,
(f)  Zone C3 Environmental Management,
(g)  Zone C4 Environmental Living,
but does not apply to a subdivision by the registration of a strata plan.
(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 2021) 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.
cl 4.1AA: Subst 2016 (434), Sch 1 [1]. Am 2022 (857), Sch 1.5[3].
4.1A   Minimum lot sizes for dual occupancies, manor houses, multi dwelling housing, multi dwelling housing (terraces) and residential flat buildings
(1)  The objectives of this clause are as follows—
(a)  to achieve planned residential density in certain zones,
(b)  to ensure that the area and dimensions of a lot are able to accommodate development that is consistent with the objectives and development controls for dual occupancies, manor houses, multi dwelling housing, multi dwelling housing (terraces) and residential flat buildings,
(c)  to minimise any likely adverse impact of development on the amenity of neighbouring properties.
(2)  Development consent must not be granted to development on a lot in a zone shown in Column 2 of the Table to this subclause for a purpose shown in Column 1 of the Table opposite that zone, unless the area of the lot is equal to or greater than the area specified for that purpose and shown in Column 3 of the Table.
Column 1
Column 2
Column 3
Dual occupancy (attached)
RU5 Village, R1 General Residential and R2 Low Density Residential
500 square metres
Dual occupancy (detached)
RU5 Village, R1 General Residential and R2 Low Density Residential
700 square metres
Manor houses
RU5 Village, R1 General Residential and R3 Medium Density Residential
900 square metres
Multi dwelling housing
RU5 Village, R1 General Residential, R3 Medium Density Residential and MU1 Mixed Use
900 square metres
Multi dwelling housing (terraces)
RU5 Village, R1 General Residential, R3 Medium Density Residential and MU1 Mixed Use
900 square metres
Residential flat buildings
RU5 Village, R1 General Residential, R3 Medium Density Residential and MU1 Mixed Use
900 square metres
(3)  If a lot is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size.
(4)  Despite any other provision of this Plan, a dual occupancy, manor house, multi dwelling housing or multi dwelling housing (terraces) for which development consent has been granted in accordance with this clause may, with development consent, be subdivided into lots of any size to enable the resulting individual dwellings on those lots to have separate titles.
(5)    (Repealed)
Note—
Clause 3B.1A of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that development for the purposes of manor houses is permitted with development consent in Zones RU5, R1 and R3.
cl 4.1A: Am 2016 (525), Sch 1 [2]. Subst 2020 (502), Sch 1[3]. Am 2022 (626), Sch 1[1] [2]; 2022 (857), Sch 1.5[4].
4.1B   Dual occupancy development in Zone R3
(1)  The objective of this clause is to encourage greater dwelling densities on land in Zone R3 Medium Density Residential.
(2)  Development consent must not be granted to development for the purpose of a dual occupancy on a lot in Zone R3 Medium Density Residential unless—
(a)  the area of the lot is less than 800 square metres, and
(b)  the consent authority is satisfied that amalgamation of the lot with other land in that zone is not feasible.
(3)  A dual occupancy for which development consent has been granted under this clause may, with development consent, be subdivided into 2 lots to enable the resulting individual dwellings on those lots to have separate titles.
cl 4.1B: Am 2016 (525), Sch 1 [3]; 2022 (626), Sch 1[3].
4.1C   Exceptions to minimum subdivision 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 R1 General 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 3 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 300 square metres.
cl 4.1C: Am 2016 (525), Sch 1 [4]; 2020 (502), Sch 1[4].
4.1D   Exceptions to minimum subdivision lot sizes for multiple occupancy development on land in Zone RU1 or Zone RU2
(1)  The objective of this clause is to allow for the subdivision of rural land that has been previously granted a consent for multiple occupancy development.
(2)  Development consent may be granted to the subdivision of land in Zone RU1 Primary Production or Zone RU2 Rural Landscape on which multiple occupancy development has been carried out so that each dwelling house lawfully erected on the land is located on a separate lot if—
(a)  consent for the multiple occupancy development was granted on or before 27 March 2001, and
(b)  the erection of each dwelling house was commenced before 31 December 2002, and
(c)  each separate lot is a neighbourhood lot under the Community Land Development Act 1989.
(3)  In this clause, multiple occupancy development means development for which consent was granted under any of the following—
(a)  State Environmental Planning Policy No 15—Multiple Occupancy of Rural Land (before its repeal by the following State Environmental Planning Policy),
(b)  State Environmental Planning Policy No 42—Multiple Occupancy of Rural Land, (before its repeal by the following State Environmental Planning Policy),
cl 4.1D: Am 2022 (297), Sch 1[3].
4.1E   Minimum lot size for certain split zone lots
(1)  The objectives of this clause are as follows—
(a)  to provide for the subdivision of lots that are within more than one zone but cannot be subdivided under clause 4.1 or 4.1A,
(b)  to ensure that the subdivision occurs in a manner that promotes suitable land use and development.
(2)  This clause applies to each lot (an original lot) that contains—
(a)  land in Zone RU4 Primary Production Small Lots, Zone RU5 Village, Zone C4 Environmental Living, Zone W4 Working Waterfront or a residential, employment, mixed use, special purpose or recreation zone (an urban zone), and
(b)  land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone C2 Environmental Conservation or Zone C3 Environmental Management.
(3)  Despite clauses 4.1 and 4.1A, development consent may be granted to subdivide an original lot to create other lots (the resulting lots) if—
(a)  in relation to an original lot containing land in Zone E2 Environmental Conservation or Zone E3 Environmental Management, one of the resulting lots will contain—
(i)  land in an urban zone that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and
(ii)  all of the land in Zone C2 Environmental Conservation or Zone C3 Environmental Management that was in the original lot, and
(b)  in relation to an original lot containing less than 36 hectares of land in Zone RU1 Primary Production or Zone RU2 Rural Landscape but no land in Zone C2 Environmental Conservation or Zone C3 Environmental Management, one of the resulting lots will contain—
(i)  land in an urban zone that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and
(ii)  all of the land in Zone RU1 Primary Production or Zone RU2 Rural Landscape that was in the original lot, and
(c)  in relation to an original lot containing land in Zone C2 Environmental Conservation or Zone C3 Environmental Management and less than 36 hectares of land in Zone RU1 Primary Production or Zone RU2 Rural Landscape, one of the resulting lots will contain—
(i)  land in an urban zone that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and
(ii)  all of the land in Zone C2 Environmental Conservation or Zone C3 Environmental Management and Zone RU1 Primary Production or Zone RU2 Rural Landscape that was in the original lot, and
(d)  all other resulting lots will contain—
(i)  land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, or
(ii)  land in Zone RU1 Primary Production or Zone RU2 Rural Landscape that has an area of at least 36 hectares.
(4)  Despite subclause (3), development consent must not be granted to the subdivision of an original lot that contains flood prone land unless—
(a)  one of the resulting lots will contain—
(i)  land in an urban zone that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and
(ii)  all of the flood prone land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone C2 Environmental Conservation or Zone C3 Environmental Management that was in the original lot, and
(b)  all 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.
(5)  A resulting lot referred to in subclause (3) or (4) must not be subdivided under this clause.
(5A)  A resulting lot referred to in clause 7.30(2) must not be subdivided under this clause.
(6)  A dwelling cannot be erected on the part of a resulting lot referred to in subclause (3)(a)(ii), (b)(ii) or (c)(ii).
(7)  In this clause, a resulting lot contains land in an urban zone that has an area that is not 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 resulting lot contains an area of land in an urban zone that is appropriate for the erection of a dwelling house, and
(b)  the resulting lot has an area that is not less than the minimum size shown on the Lot Size Map in relation to the urban zone.
(8)  In this clause, flood prone land means land at or below the flood planning level.
cl 4.1E: Ins 2015 (692), Sch 1 [2]. Am 2019 (99), Sch 1 [1]; 2022 (297), Sch 1[4]; 2022 (857), Sch 1.5[3] [5] (am 2023 (82), Sch 1.6[5]).
4.1F   Minimum subdivision lot size for community scheme and strata plan lots
(1)  The objective of this clause is to ensure that vacant community scheme and strata plan lots are not created.
(2)  This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 1989 or under the Strata Schemes Development Act 2015 of land in any of the following zones—
(a)  Zone R1 General Residential,
(b)  Zone R2 Low Density Residential,
(c)  Zone MU1 Mixed Use,
(d)  Zone SP3 Tourist.
(3)  The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property or common property) is not to be less than the minimum size shown on the Lot Size Map in relation to that land unless the consent authority is satisfied that each lot to be created will be used for a purpose permitted as an existing use or under an existing development consent for the 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.
(3A)  This clause applies despite clause 4.1.
(4)  In this clause—
association property has the same meaning as in the Community Land Development Act 1989.
common property has the same meaning as in the Strata Schemes Development Act 2015.
cl 4.1F: Ins 2016 (434), Sch 1 [2]. Am 2019 (482), Sch 1 [5]–[7]. Am 2022 (857), Sch 1.5[4].
4.1G   Minimum subdivision lot size for boundary adjustments
(1)  The objectives of this clause are as follows—
(a)  to permit boundary adjustment subdivision between existing lots where one or more of the resulting lots would be less than the minimum subdivision lot size,
(b)  to ensure that the subdivision does not create additional lots or additional opportunities for dwelling houses,
(c)  to ensure that the boundary adjustment subdivision will result in—
(i)  a minimisation of further fragmentation and alienation of resource lands or lands with natural or ecological values,
(ii)  the minimisation of land use conflict,
(iii)  the maintenance of the rural character, environmental heritage and scenic quality of the land.
(2)  This clause applies to the following land at Worrigee—
(a)  15 Aldous Place, being Lot 2, DP 1213693,
(b)  23A Aldous Place, being Lot 586, DP 1048099,
(c)  369 Worrigee Road, being Lot 587, DP 1048099.
(2A)  This clause also applies to the following land—
(a)  16A Appleberry Close, Bomaderry, being Lot 21, DP 1113675,
(b)  16B Appleberry Close, Bomaderry, being Lot 22, DP 1113675,
(c)  1095 Meroo Road, Meroo Meadow, being Lot 202, DP 1180659.
(3)  Despite clause 4.1, development consent may be granted for a subdivision that consists of an adjustment of boundaries between existing lots where the size of one or more of the resulting lots will be less than the minimum subdivision lot size shown on the Lot Size Map in relation to those lots, if—
(a)  the subdivision will not result in the creation of any additional lots or the opportunity for additional dwellings (or both), and
(b)  the subdivision will minimise the further fragmentation and alienation of resource lands or lands with natural and ecological values, and
(c)  the subdivision is likely to minimise actual or potential land use conflict, and
(d)  the subdivision is not likely to adversely affect the rural character, environmental heritage or scenic quality of the land, and
(e)  in the case of land referred to in subclause (2A)—at least 1 of the resulting lots has an area greater than 37.1 hectares and does not include any land in Zone R1 General Residential.
cl 4.1G: Ins 2016 (481), Sch 1. Am 2020 (143), cl 4(1)–(3).
4.1H   Exceptions to minimum subdivision lot sizes for dwelling houses on certain land in urban release areas
(1)  This clause applies to land identified as “Clause 4.1H” on the Lot Size Map.
(2)  Despite clause 4.1(3), development consent may be granted for the subdivision of land to which this clause applies into 2 or more lots (the resulting lots) if each resulting lot meets the following requirements—
(a)  the lot has a primary street frontage,
(b)  the size of the lot is at least 300 square metres,
(c)  if the size of the lot is less than 400 square metres—the lot is accessed by vehicle using a rear lane or shared driveway.
cl 4.1H: Ins 2018 (695), Sch 1 [1]. Am 2021 (126), Sch 1[1] [2].
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 all of these zones.
(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   Subdivision of land in Zone RU1, Zone RU2 or Zone C3
(1)  This clause applies to land in the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone C3 Environmental Management.
(2)  Development consent may be granted for the subdivision of land to which this clause applies for the purpose of tourist and visitor accommodation if—
(a)  the subdivision will create more than one lot of less than 40 hectares, and
(b)  the subdivision is a subdivision of land under the Community Land Development Act 1989, and
(c)  each lot created by the subdivision is in the same community plan, precinct plan or neighbourhood plan within the meaning of the Community Land Development Act 1989.
(3)  If land to which this clause applies has a frontage to a classified road under the Roads Act 1993, development consent for the subdivision of land other than for a purpose specified in subclause (2) may only be granted if the lot has a frontage to that road of not less than 400 metres.
cl 4.2A: Am 2022 (857), Sch 1.5[3].
4.2B   Subdivision of certain land in Zone RU1, Zone RU2, Zone RU4, Zone R5 and Zone C4
(1)  This clause applies to land in the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone RU4 Primary Production Small Lots,
(d)  Zone R5 Large Lot Residential,
(e)  Zone C4 Environmental Living.
(2)  Despite clause 4.1, land identified as prime crop and pasture land in a zone to which this clause applies may only be subdivided if the consent authority is satisfied that each lot created by the subdivision will contain at least 10 hectares of prime crop and pasture land.
(3)  Despite clause 4.1—
(a)  land identified as “Locality 1” on the Lot Size Map (in the vicinity of Bundewallah Road, Berry) may be subdivided into lots with a minimum lot size of 1 hectare and a maximum of 4 lots per 10 hectares, and
(b)  land identified as “Locality 2” on the Lot Size Map (in the vicinity of Little Forest Road, Little Forest) may be subdivided into—
(i)  north of Little Forest Road—lots with a minimum lot size of 1 hectare and a maximum of one lot per 10 hectares, or
(ii)  south of Little Forest Road—lots with a minimum lot size of 1 hectare and a maximum of 3 lots per 10 hectares, and
(c)  land identified as “Locality 3” on the Lot Size Map (in the vicinity of Wandean Road, Wandandian) may be subdivided into lots with a minimum lot size of 2 hectares and a maximum of one lot per 10 hectares, or in the case of a lot with an area of between 4 and 19 hectares, into no more than 2 lots, and
(d)  land identified as “Locality 4” on the Lot Size Map (in the vicinity of Illaroo Road, Tapitallee) may be subdivided into—
(i)  north of Illaroo Road—lots with a minimum lot size of 1 hectare and a maximum of one lot per 10 hectares, or
(ii)  south of Illaroo Road—lots with a minimum lot size of 1 hectare and a maximum of 4 lots per 10 hectares, or
(iii)  in the case of a lot located south of Illaroo Road with an area of between 3 and 5 hectares—into no more than 2 lots, and
(e)  land identified as “Locality 5” on the Lot Size Map (in the vicinity of Yatte Yattah) may be subdivided into lots with a minimum lot size of 1 hectare and a maximum of one lot per 10 hectares, and
(f)  land identified as “Locality 6” on the Lot Size Map (in the vicinity of Termeil) may be subdivided if—
(i)  the density of the resulting lots on the land that is to be subdivided is no more than 1 lot per 10 hectares, and
(ii)  the vehicular access to each resulting lot is from a road other than the Princes Highway, and
(g)  land identified as “Locality 7” on the Lot Size Map (in the vicinity of Conjola Park) may be subdivided into a maximum of 14 lots with a minimum lot size of 1 hectare, and
(h)  land identified as “Locality 8” on the Lot Size Map (at Windward Way, Milton, being Lot 1, DP 780801) may be subdivided into a maximum of 3 lots with a minimum lot size of 2 hectares.
(4)  Each dwelling constructed on a lot created under subclause (3)(g) must be constructed at least 100m from land in Zone C2 Environmental Conservation.
cl 4.2B: Am 2014 No 88, Sch 2.61 [1]; 2016 (525), Sch 1 [5]; 2022 (857), Sch 1.5[3].
4.2C   Subdivision of land fronting a watercourse
(1)  The objective of this clause is to limit the creation of additional entitlements to take water as a result of the subdivision of land fronting a watercourse.
(2)  This clause applies to land in the following zones if the land has a direct frontage to a watercourse—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone RU4 Primary Production Small Lots,
(d)  Zone RU5 Village,
(e)  Zone R5 Large Lot Residential,
(f)  Zone C2 Environmental Conservation,
(g)  Zone C3 Environmental Management,
(h)  Zone C4 Environmental Living.
(3)  Before determining a development application in relation to land to which this clause applies the consent authority must consider—
(a)  whether the development will create additional lots that front the watercourse, and
(b)  whether reticulated water is to be supplied to those lots.
cl 4.2C: Am 2016 (525), Sch 1 [6]; 2022 (857), Sch 1.5[3].
4.2D   Erection of dual occupancies (attached) and dwelling houses on land in certain rural, residential and conservation 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 in certain rural, residential and conservation zones,
(c)  to control rural residential density affected by historical subdivision patterns in Zone R5 Large Lot Residential.
(2)  This clause applies to land in the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone RU4 Primary Production Small Lots,
(d)  Zone R5 Large Lot Residential,
(e)  Zone C2 Environmental Conservation,
(f)  Zone C3 Environmental Management,
(g)  Zone C4 Environmental Living.
(3)  Development consent must not be granted for the erection of a dwelling house on land to which this clause applies unless the land—
(a)  is a lot that has at least the minimum lot size shown on the Lot Size Map in relation to that land, or
(b)  is a lot created before this Plan commenced and on which the erection of a dwelling house was permissible immediately before that commencement, or
(c)  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 would have been permissible if the plan of subdivision had been registered before that commencement, or
(ca)  is a lot created under clause 4.1E(3)(d)(ii), or
(cb)  is a lot created under clause 4.2B(3)(f), (g) or (h), or
(cc)  is a lot created following a boundary adjustment under clause 4.2G, or
(d)  would have been a lot or a holding referred to in paragraph (a), (b) or (c) 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.
Note—
A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.
(4)  Development consent must not be granted under subclause (3) unless—
(a)  no dwelling house has been erected on the land, and
(b)  if a development application has been made for development for the purpose of a dwelling house 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.
(5)  Development consent may be granted for the erection of a dwelling house on land to which this clause applies if there is a lawfully erected dwelling house on the land and the dwelling house to be erected is intended only to replace the existing dwelling house.
(6)  In considering whether to grant consent for the erection of a dwelling house in accordance with this clause on land to which clause 7.3 applies, the consent authority must—
(a)  consider whether the land is predominantly prime crop and pasture land, and
(b)  be satisfied that the dwelling house is essential for the proper and efficient use of the land for agriculture (including turf farming).
(6A)  This clause applies to a dual occupancy (attached) in the same way as it applies to a dwelling house.
(7)  In this clause—
holding means all adjoining land held by the same person or persons, even if separated by a road, railway or waterbody.
cl 4.2D: Am 2015 (692), Sch 1 [3]; 2016 (434), Sch 1 [3]; 2016 (525), Sch 1 [7]; 2022 (297), Sch 1[5]; 2022 (857), Sch 1.5[3] [6].
4.2E   Exceptions to minimum subdivision lot sizes for certain rural and conservation zones
(1)  The objective of this clause is to permit the subdivision of land in certain rural and conservation zones to create lots of an appropriate size to meet the needs of current permissible uses other than for the purpose of dwelling houses or dual occupancies.
(2)  This clause applies to land in the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone C2 Environmental Conservation,
(d)  Zone C3 Environmental Management.
(3)  Land to which this clause applies may, with development consent, be subdivided 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, if the consent authority is satisfied that—
(a)  the land will not be used for the purposes of a dwelling house or a dual occupancy, and
(b)  the land will continue to be used for the same purpose for which it was lawfully used immediately before the subdivision.
(4)  The lot may include land from more than one zone.
(5)  Development consent must not be granted for the subdivision of land to which this clause applies unless the consent authority is satisfied that—
(a)  the subdivision will not adversely affect the use of the surrounding land for agriculture, and
(b)  the subdivision is necessary for the ongoing operation of the permissible use, and
(c)  the subdivision will not cause or increase rural land uses conflict in the locality, and
(d)  the subdivision is appropriate having regard to the natural and physical constraints affecting the land.
(6)  A lot created under subclause (3) that has a dwelling house or dual occupancy on it may also be less than the minimum size shown on the Lot Size Map in relation to that land.
cl 4.2E: Am 2016 (525), Sch 1 [8]; 2022 (857), Sch 1.5[3] [6].
4.2F   Erection of rural workers’ dwellings in Zone RU1
(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 Zone RU1 Primary Production.
(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 agriculture or rural industries, and
(c)  the agriculture 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 agriculture or rural industry land use lawfully occurring on the land or as a result of the remote or isolated location of the land.
4.2G   Boundary adjustments of land in certain rural and conservation zones
(1)  The objective of this clause is to facilitate boundary adjustments between lots where one or more resultant lots do not meet the minimum lot size shown on the Lot Size Map in relation to that land but the objectives of the relevant zone can be achieved.
(2)  This clause applies to land in any of the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone C2 Environmental Conservation,
(d)  Zone C3 Environmental Management.
(3)  Despite clause 4.1, development consent may be granted to subdivide land by way of a boundary adjustment between adjoining lots where one or more resultant lots do not meet the minimum lot size shown on the Lot Size Map in relation to that land if the consent authority is satisfied that—
(a)  the subdivision will not create additional lots or the opportunity for additional dwellings, and
(b)  the number of dwellings or opportunities for dwellings on each lot after the subdivision will be the same as before the subdivision, and
(c)  the potential for land use conflict will not be increased as a result of the subdivision, and
(d)  the subdivision will not result in any increased bush fire risk to existing buildings, and
(e)  if the land is in Zone RU1 Primary Production or Zone RU2 Rural Landscape, the agricultural viability of the land will not be adversely affected as a result of the subdivision.
(4)  The consent authority must not grant development consent under this clause unless a dwelling was permissible under this Plan on each lot immediately before the subdivision.
(5)  Before granting development consent to development to which this clause applies, the consent authority must—
(a)  be satisfied that the subdivision will not compromise the continued protection and long-term maintenance of any land in Zone C2 Environmental Conservation or Zone C3 Environmental Management, and
(b)  consider the effect of the boundary adjustment on vegetation corridors and riparian corridors.
cl 4.2G: Ins 2016 (525), Sch 1 [9]. Am 2019 (482), Sch 1 [8]; 2022 (857), Sch 1.5[3] [6].
4.2H   Subdivision of land used for tourist and visitor accommodation
The consent authority cannot grant development consent for the subdivision of land used for the purposes of tourist and visitor accommodation unless the subdivision—
(a)  is otherwise authorised by this Plan, and
cl 4.2H: Ins 2016 (525), Sch 1 [9]. 2019 (482), Sch 1 [9].
4.3   Height of buildings
(1)  The objectives of this clause are as follows—
(a)  to ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of a locality,
(b)  to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development,
(c)  to ensure that the height of buildings on or in the vicinity of a heritage item or within a heritage conservation area respect heritage significance.
(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.
(2A)  If the Height of Buildings Map does not show a maximum height for any land, the height of a building on the land is not to exceed 11 metres.
4.4   Floor space ratio
(1)  The objectives of this clause are as follows—
(a)  to ensure that buildings are compatible with the bulk and scale of the existing and desired future character of a 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.
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), and
(b)  proposed development relates to the affected land and other land that together comprise the site of the proposed development,
the 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.
(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 C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 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 all of these zones.
(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,
(ba)  clause 4.1E, to the extent that it applies to land in a rural or conservation zone,
(bb)  clause 4.2B,
(c)  clause 5.4,
(caa)  clause 5.5,
(ca)  clause 6.2,
(cb)  clause 7.25,
(cc)  clause 4.1H.
cl 4.6: Am 2015 (472), Sch 1 [1]; 2015 (692), Sch 1 [4]; 2016 (525), Sch 1 [10]; 2018 (695), Sch 1 [2]; 2022 (857), Sch 1.5[6]; 2023 (554), Sch 2.29[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).
Type of land shown on Map
Authority of the State
Zone RE1 Public Recreation and marked “Local open space”
Council
Zone RE1 Public Recreation and marked “Regional open space”
The corporation constituted under section 2.5 of the Act
Zone SP2 Infrastructure and marked “Classified road”
Transport for NSW
Zone C1 National Parks and Nature Reserves and marked “National Park”
Minister administering the National Parks and Wildlife Act 1974
Zone RU1 Primary Production and marked “Local road”
Council
Zone R1 General Residential and marked “Local road”
Council
Zone R2 Low Density Residential and marked “Local road”
Council
Zone E2 Commercial Centre and marked “Local road”
Council
Zone MU1 Mixed Use and marked “Local road”
Council
Zone RE1 Public Recreation and marked “Local road”
Council
Zone SP2 Infrastructure and marked “Car park”
Council
Zone C2 Environmental Conservation and marked “Coastal lands acquisition”
The corporation constituted under section 8 of the Act
(3)  Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
cl 5.1: Am 2022 (857), Sch 1.5[4] [7] [8].
5.1A   Development on land intended to be acquired for public purposes
(1)  The objective of this clause is to limit development on certain land intended to be acquired for a public purpose.
(2)  This clause applies to land shown on the Land Reservation Acquisition Map and specified in Column 1 of the table to this clause and that has not been acquired by the relevant authority of the State specified for the land in clause 5.1.
(3)  Development consent must not be granted to any development on land to which this clause applies other than development for a purpose specified opposite that land in Column 2 of that table.
Column 1
Column 2
Land
Development
Zone R1 General Residential and marked “Local road”
Building identification signs, Business identification signs, Home-based child care, Home businesses, Home industries, Home occupations, Roads
Zone R2 Low Density Residential and marked “Local road”
Building identification signs, Business identification signs, Flood mitigation works; Home-based child care, Home businesses, Home industries, Home occupations, Roads
Zone E2 Commercial Centre and marked “Local road”
Building identification signs, Business identification signs, Carparks, Roads
Zone MU1 Mixed Use and marked “Local road”
Building identification signs, Business identification signs, Carparks, Roads
cl 5.1A: Am 2022 (857), Sch 1.5[4] [9].
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
(1)  The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.
(2)  This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 20 metres.
(3)  This clause does not apply to—
(a)  land in Zone RE1 Public Recreation, Zone C1 National Parks and Nature Reserves, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone W1 Natural Waterways, or
(ab)  land in Zone W2 Recreational Waterways, or
(b)  land within the coastal zone, or
(c)  land proposed to be developed for the purpose of sex services or restricted premises.
(4)  Despite the provisions of this Plan relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—
(a)  the development is not inconsistent with the objectives for development in both zones, and
(b)  the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.
(5)  This clause does not prescribe a development standard that may be varied under this Plan.
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 5 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 60 square metres of floor area.
Note—
Larger floor spaces apply in certain zones. See clause 7.18.
(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 60 square metres of floor area.
Note—
Larger floor spaces apply in certain zones. See clause 7.18.
(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)  20% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or
(b)  400 square metres,
whichever is the lesser.
(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 7 bedrooms in buildings.
(6) Kiosks If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 20 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 150 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 20 square metres.
(9) Secondary dwellings on land other than land in a rural zone If development for the purposes of a secondary dwelling is permitted under this Plan on land other than land in a rural zone, 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)  60% 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 Zone E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial, Zone W4 Working Waterfront or a rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed—
(a)  20% of the gross floor area of the industry, or
(b)  400 square metres,
whichever is the lesser.
cl 5.4: Am 2018 (406), Sch 1.121 [1] [2].
5.5   Controls relating to secondary dwellings on land in a rural zone
[Not adopted]
5.6   Architectural roof features
(1)  The objectives of this clause are as follows—
(a)  to ensure that rooflines, including architectural roof features, respond to and are compatible with the scenic attributes of natural and built environments,
(b)  to ensure that rooflines, including architectural roof features, on or in the vicinity of a heritage item or within a heritage conservation area are designed having regard to the heritage values of that item or conservation area.
(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 structure, 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   Dwelling house or secondary dwelling affected by natural disaster
(1)  The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.
(2)  This clause applies to land in the following zones—
(a)  a rural zone,
(b)  a residential zone,
(c)  an employment zone,
(d)  a mixed use zone,
(e)  a special activities zone,
(f)  a recreation zone,
(g)  a conservation zone,
(h)  a waterways zone.
(3)  Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—
(a)  the dwelling house or secondary dwelling was lawfully erected, and
(b)  the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.
cl 5.9: Subst 2022 (626), Sch 1[4]. Am 2022 (857), Sch 1.5[10].
5.9A   Other specified residential accommodation affected by natural disaster
(1)  The objective of this clause is to enable the repair or replacement of lawfully erected specified residential accommodation that has been damaged or destroyed by a natural disaster.
(2)  This clause applies to all the land to which this Plan applies.
(3)  Development consent may be granted to development to enable specified residential accommodation that has been damaged or destroyed by a natural disaster to be repaired or replaced if—
(a)  the specified residential accommodation was lawfully erected, and
(b)  the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction, and
(c)  the development is for the same type of specified residential accommodation as the specified residential accommodation that was damaged or destroyed.
(4)  In this clause—
specified residential accommodation means the following—
(a)  attached dwellings,
(b)  boarding houses,
(c)  co-living housing,
(d)  dual occupancies,
(e)  group homes,
(f)  hostels,
(g)  manor houses,
(h)  multi dwelling housing,
(i)  multi dwelling housing (terraces),
(j)  residential flat buildings,
(k)  rural workers’ dwellings,
(l)  semi-detached dwellings,
(m)  seniors housing,
(n)  shop top housing.
cl 5.9A: Ins 2022 (626), Sch 1[5].
5.9AA   (Repealed)
5.10   Heritage conservation
Note—
Heritage 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.
(1) Objectives The objectives of this clause are as follows—
(a)  to conserve the environmental heritage of Shoalhaven,
(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, or
(c)  on land that is within the vicinity of land referred to in paragraph (a) or (b),
require 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.
(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 (Transport and Infrastructure) 2021, Chapter 2.
(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
(1)  The objectives of this clause are as follows—
(a)  to maintain the environmental and cultural values of land on which development for the purposes of eco-tourist facilities is carried out,
(b)  to provide for sensitively designed and managed eco-tourist facilities that have minimal impact on the environment both on and off-site.
(2)  This clause applies if development for the purposes of an eco-tourist facility is permitted with development consent under this Plan.
(3)  The consent authority must not grant consent under this Plan to carry out development for the purposes of an eco-tourist facility unless the consent authority is satisfied that—
(a)  there is a demonstrated connection between the development and the ecological, environmental and cultural values of the site or area, and
(b)  the development will be located, constructed, managed and maintained so as to minimise any impact on, and to conserve, the natural environment, and
(c)  the development will enhance an appreciation of the environmental and cultural values of the site or area, and
(d)  the development will promote positive environmental outcomes and any impact on watercourses, soil quality, heritage and native flora and fauna will be minimal, and
(e)  the site will be maintained (or regenerated where necessary) to ensure the continued protection of natural resources and enhancement of the natural environment, and
(f)  waste generation during construction and operation will be avoided and that any waste will be appropriately removed, and
(g)  the development will be located to avoid visibility above ridgelines and against escarpments and from watercourses and that any visual intrusion will be minimised through the choice of design, colours, materials and landscaping with local native flora, and
(h)  any infrastructure services to the site will be provided without significant modification to the environment, and
(i)  any power and water to the site will, where possible, be provided through the use of passive heating and cooling, renewable energy sources and water efficient design, and
(j)  the development will not adversely affect the agricultural productivity of adjoining land, and
(k)  the following matters are addressed or provided for in a management strategy for minimising any impact on the natural environment—
(i)  measures to remove any threat of serious or irreversible environmental damage,
(ii)  the maintenance (or regeneration where necessary) of habitats,
(iii)  efficient and minimal energy and water use and waste output,
(iv)  mechanisms for monitoring and reviewing the effect of the development on the natural environment,
(v)  maintaining improvements on an on-going basis in accordance with relevant ISO 14000 standards relating to management and quality control.
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 conservation 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 conservation 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 C2 Environmental Conservation,
(h)  Zone C3 Environmental Management,
(i)  Zone C4 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)  for a poultry farm used for breeding poultry—within 5km of another poultry farm, or
(vi)  for a poultry farm not used for breeding poultry—
(A)  within 5km of a poultry farm used for breeding poultry, or
(B)  within 1km of a poultry farm not used for breeding poultry, or
(vii)  for a pig farm—within 3km of another pig 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 E3 Productivity Support, Zone MU1 Mixed Use, Zone C3 Environmental Management or Zone C4 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 in 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 E1 Local Centre, Zone E2 Commercial Centre, Zone E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial or Zone MU1 Mixed Use—that the development is for the purpose of small scale aquarium fish production, and
(ii)  pond-based aquaculture in Zone C3 Environmental Management or Zone C4 Environmental Living—that the development is for the purpose of extensive aquaculture, and
(iii)  tank-based aquaculture in 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 C3 Environmental Management or Zone C4 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.
5.21   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 flood function and behaviour on the land, taking into account projected changes as a result of climate change,
(c)  to avoid adverse or cumulative impacts on flood behaviour and the environment,
(d)  to enable the safe occupation and efficient evacuation of people in the event of a flood.
(2)  Development consent must not be granted to development on land the consent authority considers to be within the flood planning area unless the consent authority is satisfied the development—
(a)  is compatible with the flood function and behaviour on the land, and
(b)  will not adversely affect flood behaviour in a way that results in detrimental increases in the potential flood affectation of other development or properties, and
(c)  will not adversely affect the safe occupation and efficient evacuation of people or exceed the capacity of existing evacuation routes for the surrounding area in the event of a flood, and
(d)  incorporates appropriate measures to manage risk to life in the event of a flood, and
(e)  will not adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses.
(3)  In deciding whether to grant development consent on land to which this clause applies, the consent authority must consider the following matters—
(a)  the impact of the development on projected changes to flood behaviour as a result of climate change,
(b)  the intended design and scale of buildings resulting from the development,
(c)  whether the development incorporates measures to minimise the risk to life and ensure the safe evacuation of people in the event of a flood,
(d)  the potential to modify, relocate or remove buildings resulting from development if the surrounding area is impacted by flooding or coastal erosion.
(4)  A word or expression used in this clause has the same meaning as it has in the Considering Flooding in Land Use Planning Guideline unless it is otherwise defined in this clause.
(5)  In this clause—
Considering Flooding in Land Use Planning Guideline means the Considering Flooding in Land Use Planning Guideline published on the Department’s website on 14 July 2021.
flood planning area has the same meaning as it has in the Floodplain Development Manual.
Floodplain Development Manual means the Floodplain Development Manual(ISBN 0 7347 5476 0) published by the NSW Government in April 2005.
5.22   Special flood considerations
[Not adopted]
5.23   Public bushland
[Not adopted]
5.24   Farm stay accommodation
(1)  The objectives of this clause are as follows—
(a)  to diversify the uses of agricultural land without adversely impacting the principal use of the land for primary production,
(b)  to balance the impact of tourism and related commercial uses with the use of land for primary production, the environment, scenic values, infrastructure and adjoining land uses.
(2)  Development consent must not be granted to development for the purposes of farm stay accommodation on a landholding unless the consent authority is satisfied all buildings or manufactured homes used to accommodate guests on the landholding will be—
(a)  on the same lot as an existing lawful dwelling house, or
(b)  on a lot of a size not less than the minimum lot size for a dwelling house to be permitted on the lot under an environmental planning instrument applying to the land.
(3)  Subclause (2) does not apply if the development is a change of use of an existing dwelling to farm stay accommodation.
(4)  Development consent must not be granted to development for the purposes of farm stay accommodation on land unless the consent authority has considered—
(a)  whether the development will result in noise or pollution that will have a significant adverse impact on the following on or near the land—
(i)  residential accommodation,
(ii)  primary production operations,
(iii)  other land uses, and
(b)  whether the development will have a significant adverse impact on the following on or near the land—
(i)  the visual amenity or heritage or scenic values,
(ii)  native or significant flora or fauna,
(iii)  water quality,
(iv)  traffic,
(v)  the safety of persons, and
(c)  whether the development is on bush fire prone land or flood prone land, and
(d)  the suitability of the land for the development, and
(e)  the compatibility of the development with nearby land uses.
cl 5.24: Subst 2023 (458), Sch 1[4].
5.25   Farm gate premises
(1)  The objectives of this clause are as follows—
(a)  to allow for tourism and related commercial uses on land used principally for primary production at a scale that does not adversely affect the principal use of the land for primary production,
(b)  to balance the impact of tourism and related commercial uses with the use of land for primary production, the environment, scenic values, infrastructure and adjoining land uses.
(2)  Development consent must not be granted to development for the purposes of farm gate premises on land unless the consent authority has considered—
(a)  whether the development will result in noise or pollution that will have a significant adverse impact on the following on or near the land—
(i)  residential accommodation,
(ii)  primary production operations,
(iii)  other land uses, and
(b)  whether the development will have a significant adverse impact on the following on or near the land—
(i)  the visual amenity or heritage or scenic values,
(ii)  native or significant flora or fauna,
(iii)  water quality,
(iv)  traffic,
(v)  the safety of persons, and
(c)  whether the development is on bush fire prone land or flood prone land, and
(d)  the suitability of the land for the proposed development, and
(e)  the compatibility of the development with nearby land uses.
cl 5.25: Subst 2023 (458), Sch 1[4].
Part 6 Urban release areas
6.1   (Repealed)
cl 6.1: Am 2019 (621), Sch 5[5]. Rep 2023 (554), Sch 2.29[2].
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 any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environment protection purpose,
(c)  a subdivision of land in a zone in which the erection of structures is prohibited,
(d)  development on land (but not subdivision of land) that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the development would be consistent with the objectives of the zone in which the land is situated and will not adversely affect development in the urban release area.
cl 6.3: Am 2016 (525), Sch 1 [11].
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.
6.5   Exceptions to minimum lot size—subdivision of land in approved land use zones
(1)  The objective of this clause is to allow for the subdivision of particular land that is wholly or partly in an urban release area to create 1 or more new lots (each a residual lot) of a size that is less than the minimum lot size shown on the Lot Size Map in relation to the land in particular circumstances.
(2)  This clause applies to a lot (the original lot) if the original lot, or part of the original lot is—
(a)  in an urban release area, and
(b)  in an approved land use zone.
(3)  Development consent may be granted to subdivision of the original lot to create a residual lot of a size that is less than the minimum lot size shown on the Lot Size Map in relation to the land comprising the residual lot if the residual lot is wholly within an approved land use zone.
(4)  In this clause—
approved land use zone means any of the following land use zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone C2 Environmental Conservation,
(d)  Zone C3 Environmental Management.
cl 6.5: Subst 2020 (142), Sch 1. Am 2022 (857), Sch 1.5[3].
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.
Class of land
Works
1
Any works.
2
Works below the natural ground surface.
Works by which the watertable is likely to be lowered.
3
Works more than 1 metre below the natural ground surface.
Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface.
4
Works more than 2 metres below the natural ground surface.
Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface.
5
Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land.
(3)  Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.
(4)  Despite subclause (2), development consent is not required under this clause for the carrying out of works if—
(a)  a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and
(b)  the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.
(5)  Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—
(a)  emergency work, being the repair or replacement of the works of the public authority, required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,
(b)  routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),
(c)  minor work, being work that costs less than $20,000 (other than drainage work).
(6)  Despite subclause (2), development consent is not required under this clause to carry out any works if—
(a)  the works involve the disturbance of less than 1 tonne of soil, and
(b)  the works are not likely to lower the watertable.
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.
7.2A   Stock mounds
(1)  The objective of this clause is to ensure that earthworks for stock mounds will not have a detrimental impact on environmental functions and processes on land at or below the flood planning level or affected by acid sulfate soils.
(2)  This clause applies to land in Zone RU1 Primary Production or Zone RU2 Rural Landscape.
(3)  Despite any other provision of this Plan, development consent is required for earthworks for the purposes of a stock mound on land to which this clause applies if—
(a)  the land is at or below the flood planning level, or
(b)  the land is identified as Class 1, Class 2, Class 3 or Class 4 on the Acid Sulfate Soils Map and development consent is not otherwise required for the earthworks under clause 7.1.
(4)  In this clause, stock mound means a raised area greater than 100 square metres for stock to move to during a flood event.
cl 7.2A: Ins 2019 (99), Sch 1 [2].
7.3   (Repealed)
cl 7.3: Am 2019 (99), Sch 1 [3]–[5]. Rep 2021 (225), Sch 1.
7.4   Coastal risk planning
(1)  The objectives of this clause are as follows—
(a)  to avoid significant adverse impacts from coastal hazards,
(b)  to ensure uses of land identified as coastal risk are compatible with the risks presented by coastal hazards,
(c)  to enable the evacuation of land identified as coastal risk in an emergency,
(d)  to avoid development that increases the severity of coastal hazards.
(2)  This clause applies to the land identified as “Coastal Risk Planning Area” on the Coastal Risk Planning Map.
(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)  will avoid, minimise or mitigate exposure to coastal processes, and
(b)  is not likely to cause detrimental increases in coastal risks to other development or properties, and
(c)  is not likely to alter coastal processes and the impacts of coastal hazards to the detriment of the environment, and
(d)  incorporates appropriate measures to manage risk to life from coastal risks, and
(e)  is likely to avoid or minimise adverse effects from the impact of coastal processes and the exposure to coastal hazards, and
(f)  provides for the relocation, modification or removal of the development to adapt to the impact of coastal processes and coastal hazards, and
(g)  has regard to the impacts of sea level rise.
(4)  A word or expression used in this clause has the same meaning as it has in the NSW Coastal Planning Guideline: Adapting to Sea Level Rise(ISBN 978-1-74263-035-9) published by the NSW Government in August 2010, unless it is otherwise defined in this clause.
(5)  In this clause—
coastal hazard has the same meaning as in the Coastal Management Act 2016.
cl 7.4: Am 2018 (106), Sch 2.11.
7.5   Terrestrial biodiversity
(1)  The objective of this clause is to maintain terrestrial biodiversity, by—
(a)  protecting native fauna and flora,
(b)  protecting the ecological processes necessary for their continued existence, and
(c)  encouraging the conservation and recovery of native fauna and flora and their habitats.
(2)  This clause applies to land—
(a)  identified as “Biodiversity—habitat corridor” or “Biodiversity—significant vegetation” on the Terrestrial Biodiversity Map, and
(b)  situated within 40m of the bank (measured horizontally from the top of the bank) of a natural waterbody.
(3)  Before determining a development application for development on land to which this clause applies, the consent authority must consider—
(a)  whether the development is likely to have—
(i)  any adverse impact on the condition, ecological value and significance of the fauna and flora on the land, and
(ii)  any adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna, and
(iii)  any potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, and
(iv)  any adverse impact on the habitat elements providing connectivity on the land, and
(b)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.
(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that—
(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or
(b)  if that impact cannot be reasonably avoided by adopting feasible alternatives—the development is designed, sited and will be managed to minimise that impact, or
(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.
(5)  For the purpose of this clause—
bank means the limit of the bed of a natural waterbody.
bed, of a natural waterbody, means the whole of the soil of the channel in which the waterbody flows, including the portion that is alternatively covered and left bare with an increase or diminution in the supply of water and that is adequate to contain the waterbody at its average or mean stage without reference to extraordinary freshets in the time of flood or to extreme droughts.
7.6   Riparian land and watercourses
(1)  The objective of this clause is to protect and maintain the following—
(a)  water quality within watercourses,
(b)  the stability of the bed and banks of watercourses,
(c)  aquatic and riparian habitats,
(d)  ecological processes within watercourses and riparian areas.
(2)  This clause applies to all of the following—
(a)  land identified as “Riparian Land” on the Riparian Lands and Watercourses Map,
(b)  land identified as “Watercourse Category 1”, “Watercourse Category 2” or “Watercourse Category 3” on that map,
(c)  all land that is within 50 metres of the top of the bank of each watercourse on land identified as “Watercourse Category 1”, “Watercourse Category 2” or “Watercourse Category 3” on that map.
(3)  Before determining a development application for development on land to which this clause applies, the consent authority must consider—
(a)  whether or not the development is likely to have any adverse impact on the following—
(i)  the water quality and flows within the watercourse,
(ii)  aquatic and riparian species, habitats and ecosystems of the watercourse,
(iii)  the stability of the bed and banks of the watercourse,
(iv)  the free passage of fish and other aquatic organisms within or along the watercourse,
(v)  any future rehabilitation of the watercourse and its riparian areas, and
(b)  whether or not the development is likely to increase water extraction from the watercourse, and
(c)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.
(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that—
(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or
(b)  if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or
(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.
(5)  For the purpose of this clause—
bank means the limit of the bed of a watercourse.
bed, of a watercourse, means the whole of the soil of the channel in which the watercourse flows, including the portion that is alternatively covered and left bare with an increase or diminution in the supply of water and that is adequate to contain the watercourse at its average or mean stage without reference to extraordinary freshets in the time of flood or to extreme droughts.
7.7   Landslide risk and other land degradation
(1)  The objective of this clause is to maintain soil resources and the diversity and stability of landscapes, including protecting land—
(a)  comprising steep slopes, and
(b)  susceptible to other forms of land degradation.
(2)  This clause applies to the following land—
(a)  land with a slope in excess of 20% (1:5), as measured from the contours of a 1:25,000 topographical map, and
(b)  land identified as “Sensitive Area” on the Natural Resource Sensitivity—Land Map.
(3)  Before determining a development application for development on land to which this clause applies, the consent authority must consider any potential adverse impact, either from, or as a result of, the development in relation to—
(a)  the geotechnical stability of the site, and
(b)  the probability of increased erosion or other land degradation processes.
(4)  Before granting consent to development on land to which this clause applies, the consent authority must be satisfied that—
(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or
(b)  if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or
(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.
(5)  In this clause, topographical map means the most current edition of a topographical map, produced by Land and Property Information, a division of the Department of Finance and Services, that identifies the Council’s local government area and boundary.
7.8   Scenic protection
(1)  The objective of this clause is to protect the natural environmental and scenic amenity of land that is of high scenic value.
(2)  This clause applies to land identified as “Scenic Protection” on the Scenic Protection Area Map.
(3)  In deciding whether to grant development consent for development on land to which this clause applies, the consent authority must—
(a)  consider the visual impact of the development when viewed from a public place and be satisfied that the development will involve the taking of measures that will minimise any detrimental visual impact, and
(b)  consider the number, type and location of existing trees and shrubs that are to be retained and the extent of landscaping to be carried out on the site, and
(c)  consider the siting of the proposed buildings.
7.9   HMAS Albatross airspace operations
(1)  The objectives of this clause are as follows—
(a)  to provide for the effective and on-going operation of the HMAS Albatross Military Airfield 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 carried out.
(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 HMAS Albatross Military Airfield.
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 HMAS Albatross Military Airfield.
7.10   Development in HMAS Albatross Military Airfield buffer area
(1)  The objectives of this clause are as follows—
(a)  to prevent certain noise sensitive developments from being located near the HMAS Albatross Military Airfield 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 in the vicinity of the HMAS Albatross Military Airfield, and
(ii)  is identified as “HMAS Albatross” on the Buffers Map, 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 2021:2015, and
(c)  must consider the ANEF contour that applies to the land on which the development is proposed, and
(d)  for development for the purposes of centre-based child care facilities, educational establishments, entertainment facilities, hospitals, places of public worship, public administration buildings, residential accommodation, business premises, hostels, hotel or motel accommodation, office premises or retail premises—must be satisfied that 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 2021:2015.
(4)  In this clause—
ANEF contour means a noise exposure contour shown as an ANEF contour on the Noise Exposure Forecast Contour Map for HMAS Albatross Military Airfield prepared by the Department of the Commonwealth responsible for airports.
AS 2021:2015 means AS 2021:2015, Acoustics—Aircraft noise intrusion—Building siting and construction.
cl 7.10: Am 2017 (493), Sch 1.2 [2]; 2022 (297), Sch 1[6].
7.11   Essential services
(1)  Development consent must not be granted for 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.
(2)  This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any of the services referred to in subclause (1).
7.12   Council infrastructure development
(1)  Development may be carried out by or on behalf of the Council without development consent on any land, other than land in a heritage conservation area, land containing a heritage item or land that is an environmentally sensitive area for exempt and complying development.
(2)  Subclause (1) does not apply to the following development—
(a)  the erection of a class 1–9 building under the Building Code of Australia,
(b)  development that is not exempt development under State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2 and has a capital value of more than $1,000,000.
cl 7.12: Am 2022 (72), Sch 1.50.
7.13   (Repealed)
cl 7.13: Am 2016 (525), Sch 1 [12]; 2016 No 55, Sch 3.30. Rep 2021 (175), Sch 2.12.
7.14   Permanent occupation in mixed use developments
(1)  This clause applies to land that—
(a)  is in Zone R3 Medium Density Residential, Zone MU1 Mixed Use or Zone SP3 Tourist, and
(b)  is identified as “Cl 7.14” on the Clauses Map.
(2)  Despite any other provision of this Plan, development consent may be granted for a mixed use development on land to which this clause applies if the development comprises both of the following land uses—
(a)  residential accommodation,
(b)  tourist and visitor accommodation.
(3)  Before granting development consent under subclause (2), the consent authority must be satisfied that—
(a)  no more than 25% of the units of the mixed use development will be used for residential accommodation, or
(b)  in the case of a facility that contains less than 4 units, only one unit may be used for residential accommodation.
(4)  If the mixed use development comprises less than four units, development consent for residential accommodation may be granted for a maximum of one unit.
cl 7.14: Am 2016 (525), Sch 1 [13]; 2022 (857), Sch 1.5[4].
7.15   Development in the vicinity of extractive industries and sewage treatment plants
(1)  The objective of this clause is to protect the operational environment of certain industries operating on the land to which this clause applies.
(2)  This clause applies to land identified as “Extractive Industry” and “Sewage Treatment Plant” on the Buffers Map.
(3)  Development consent must not be granted to the carrying out of development on land to which this clause applies unless the consent authority has—
(a)  made an assessment of the impact of noise, odour and other emissions from any industry carried out on that land, and
(b)  considered the potential impact of noise, odour and other emissions associated with that industry on any activities that will be associated with the development, and
(c)  considered any opportunities to relocate the development outside that land, and
(d)  has considered whether the development would adversely affect the operational environment of that industry.
7.16   Ground floor development on land in Zone E2
(1)  The objective of this clause is to ensure active uses are provided at the street level to encourage the presence and movement of people.
(2)  Development consent must not be granted to development on the ground floor of a building on land in Zone E2 Commercial Centre unless the consent authority is satisfied that the ground floor of the building—
(a)  will not be used for the purpose of residential accommodation, other than lobbies for any commercial, residential, serviced apartment or hotel component of the development, and
(b)  will be used to provide access for fire services or vehicle access, and
(c)  will have at least one entrance and at least one other door or window on the front of the building facing the street, other than a service lane.
cl 7.16: Am 2022 (857), Sch 1.5[11] [12].
7.17   Development of serviced apartments in association with registered clubs
(1)  The objective of this clause is to provide for serviced apartments in association with registered clubs in certain zones.
(2)  This clause applies to land in the following zones—
(a)  Zone RU5 Village,
(b)  Zone R1 General Residential,
(c)  Zone E3 Productivity Support,
(d)  Zone RE2 Private Recreation.
(3)  Development consent must not be granted to development for the purpose of serviced apartments on land to which this clause applies unless the consent authority is satisfied that the serviced apartments will be part of a mixed use development that includes a registered club.
cl 7.17: Am 2022 (857), Sch 1.5[13].
7.18   Larger floor space for home businesses and home industries in certain zones
(1)  This clause applies to land in the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone RU4 Primary Production Small Lots,
(d)  Zone R5 Large Lot Residential,
(e)  Zone C3 Environmental Management,
(f)  Zone C4 Environmental Living.
(2)  Despite any other provision of this Plan, if development for the purposes of a home business or a home industry is permitted under this Plan on land to which this clause applies, the carrying on of the business or industry must not involve the use of more than 100 square metres of floor area.
cl 7.18: Am 2022 (857), Sch 1.5[3].
7.19   Development of the Nowra Civic Precinct
(1)  This clause applies to land identified as “Cl 7.19” on the Clauses Map.
(2)  Before development is carried out on land to which this clause applies, there must be a development control plan for the land that complies with subclause (3).
(3)  The development control plan must deal with all of the following—
(a)  urban design principles to apply to the development in relation to the built form, character and siting of buildings, building envelopes (including heights and setbacks), landscaping, the interface between buildings and the existing and proposed public domain, views, privacy, solar access and security, and other design elements, with an explanation of how they relate to an analysis of the land and its context,
(b)  proposals for the distribution of the major land uses, including public and private access and open space,
(c)  proposals relating to the mitigation of environmental impacts, including noise attenuation, flood mitigation, water and soil management, remediation of contaminated land, solar access, energy efficiency and environmental sustainability,
(d)  proposals for access, including public transport, pedestrian, cycle and road access and circulation networks, as well as local traffic and parking management,
(e)  proposals for the enhancement of, and integration with, the existing and proposed public domain,
(f)  proposed patterns of amalgamation of lots and subdivision,
(g)  proposals for landscaping (including any tree retention or removal),
(h)  concept plans showing the indicative layout, form and scale of proposed buildings,
(i)  proposals regarding heritage conservation,
(j)  any other matter required in writing by the consent authority.
(4)  Subclause (2) does not apply to development that the consent authority is satisfied is of a minor nature only, if the consent authority is satisfied that the carrying out of the development would be consistent with the objectives of the zone in which the land is situated.
7.20   Development in the Jervis Bay region
(1)  The objectives of this clause are as follows—
(a)  to protect the natural and cultural values of the Jervis Bay region,
(b)  to ensure that development in the region contributes to the natural and cultural values of the region.
(2)  This clause applies to land in the Jervis Bay region identified as “Cl 7.20” on the Clauses Map.
(3)  Development consent must not be granted to development in a coastal sand dune area, on a rocky headland or on a flat, well-drained area along a major creekline unless the consent authority is satisfied that there will be no significant adverse impact on the natural or cultural values of the area.
(4)  Development in the vicinity of the Point Perpendicular lighthouse group (including the lighthouse, generator, annexe, three residences and ancillary structure), being land to which this clause applies, must be compatible with that group and be complementary to that group in terms of design and external colour.
(5)  Development in the vicinity of the Huskisson Tapalla Point rock platform, being land to which this clause applies, must be compatible with that geological site.
(6)  Development on land to which this clause applies and identified as “Biodiversity—habitat corridor” on the Terrestrial Biodiversity Map must be designed to—
(a)  minimise disturbance to the existing structure and species composition of native vegetation communities, and
(b)  allow native fauna and flora to feed, breed, disperse, colonise or migrate (whether seasonally or nomadically), and
(c)  regenerate and revegetate degraded lands with local native species.
Evidence of how these criteria are achieved is to be submitted with any application to develop land that is subject to this subclause.
(7)  If a development application for development on land to which this clause applies involves a public utility undertaking, or a public or private access road through land identified as “Biodiversity—habitat corridor” on the Terrestrial Biodiversity Map, development consent must not be granted for the development unless the consent authority is satisfied that there will be no significant adverse impacts on the ecology of that habitat corridor.
(8)  Development consent must not be granted for development on land to which this clause applies and specifically identified as “Disturbed habitat and vegetation Cl 7.20” on the Terrestrial Biodiversity Map unless the consent authority is satisfied that the development is designed to maximise the retention of native vegetation and the rehabilitation of degraded areas.
(9)  Development consent must not be granted for development for tourist and visitor accommodation and ancillary facilities on land to which this clause applies unless the consent authority is satisfied that the development will contribute to—
(a)  the variety of activities and accommodation for visitors, and
(b)  visitor appreciation of the natural and cultural values of the region.
7.21   Development on land in the vicinity of the Western Bypass Corridor
(1)  The objectives of this clause are as follows—
(a)  to minimise any visual or acoustic impacts on development proposed in the vicinity of the land to which this clause applies,
(b)  to ensure that development proposed in the vicinity of that land will not compromise, restrict or otherwise prevent the future use of that land as a road.
(2)  This clause applies to land identified as “Cl 7.21” on the Clauses Map.
(3)  Despite any other provision of this Plan, development consent must not be granted for development on land in the vicinity of the land to which this clause applies unless the consent authority has assessed the following—
(a)  the impact of noise, vibrations and other emissions from any future construction and the ongoing use of that land as a road,
(b)  if the proposed development is a subdivision of land—whether or not the development would prejudice or otherwise restrict the future construction (including the provision of any public utility infrastructure) and operation of the proposed road.
7.22   Subdivision of land at Garrads Lane, Milton and The Heights, Narrawallee
(1)  This clause applies to land identified as “Cl 7.22” on the Clauses Map, being Lot 33, DP 794398 and Lot 9, DP 250361, Garrads Lane, Milton.
(2)  Despite Part 2 of this Plan, development consent may be granted for development on the land to which this clause applies for one or more of the following purposes—
(a)  the subdivision of the land into a total of 6 lots, one lot having an area of approximately 19.4 hectares and 5 other lots each having an area of at least 7 hectares,
(b)  the erection of a dwelling house on each of the five smaller lots.
7.23   Development on land at Seascape Close, Narrawallee
(1)  This clause applies to land identified as “Cl 7.23” on the Clauses Map, being land that is part of Lot 29, DP 874275, Seascape Close, Narrawallee.
(2)  Development consent must not be granted to the subdivision of, or other development on, land to which this clause applies unless—
(a)  a landscape plan of management for the land that is of a standard satisfactory to the consent authority has been prepared, showing how the visual quality of the land is to be protected through the retention of existing vegetation, and
(b)  the consent authority has considered the provision of suitable access to protect the land in Zone R2 Low Density Residential from bush fires located on the western edge of the land.
(3)  Development consent may be granted to subdivide land to which this clause applies to create one lot that is comprised partly of land on which a dwelling-house may be erected in Zone R2 Low Density Residential and all of the land in Zone C2 Environmental Conservation that is situated to the west of the land in Zone R2 Low Density Residential.
(4)  Development consent may be granted under subclause (3) only if the consent authority is satisfied that adequate measures will be taken to preserve the vegetation on land in Zone C2 Environmental Conservation.
cl 7.23: Am 2022 (857), Sch 1.5[3].
7.24   Location of sex services premises and restricted premises
(1)  The objective of this clause is to minimise land use conflicts and adverse amenity impacts by providing a reasonable level of separation between sex services premises or restricted premises, specified land uses and places regularly frequented by children.
(2)  In deciding whether to grant development consent to development for the purposes of sex services premises or restricted premises, the consent authority must consider the following—
(a)  whether the premises will be located on land that adjoins, is directly opposite to or is separated only by a local road from land—
(i)  in Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential or Zone RE1 Public Recreation, or
(ii)  used for the purposes of a centre-based child care facility, a community facility, a school or a place of public worship,
(b)  the impact of the development and its hours of operation on any place likely to be regularly frequented by children—
(i)  that adjoins the development, or
(ii)  that can be viewed from the development, or
(iii)  from which a person can view the development.
cl 7.24: Am 2017 (493), Sch 1.2 [1]; 2022 (857), Sch 1.5[14] [15].
7.25   Development on land at Moss Vale Road, Kangaroo Valley
(1)  This clause applies to Lots 1–11, DP 1280230, Moss Vale Road, Kangaroo Valley.
(2)  Development consent may be granted for the purposes of dwelling houses on the land to which this clause applies if there is no more than 1 dwelling house on each lot.
cl 7.25: Ins 2015 (472), Sch 1 [2]. Subst 2022 (371), cl 4(1).
7.26   Increased building height Huskisson Town Centre
(1)  The objective of this clause is to encourage the development of the Huskisson Town Centre as a business centre and a focal point for tourism.
(2)  This clause applies to land in Huskisson Town Centre as shown edged heavy black on the Incentive Height of Buildings Map.
(3)  The consent authority may grant consent to development that results in a building on land to which this clause applies that has a height that exceeds that permitted by clause 4.3 if the consent authority is satisfied that—
(a)  the building is on a site comprising a single lot with an area of greater than 2,000 square metres or comprising more than one lot, each of which has an area greater than 1,200 square metres, and
(b)  no more than 50 percent of the building (as measured by its footprint) will have a height that exceeds that permitted by clause 4.3, and
(c)  any part of the building with a height that exceeds that permitted by clause 4.3 will not have a height that exceeds the maximum height shown for the land on the Incentive Height of Buildings Map, and
(d)  the basement of the building will contain car parking and will provide for 2 way traffic flow to access that car parking and will provide for the turning of vehicles, and
(e)  the design and form of the building—
(i)  follows good urban design practice, and
(ii)  will improve the quality and amenity of the public domain, and
(iii)  will minimise overshadowing of public places and residential premises.
cl 7.26: Ins 2016 (525), Sch 1 [14].
7.27   Dwelling houses on land in Zone SP3
(1)  The objective of this clause is to ensure dwelling houses form an integral part of development for the purposes of tourism.
(2)  Development consent must not be granted to development for the purposes of a dwelling house on land in Zone SP3 Tourist unless the consent authority is satisfied that the dwelling house—
(a)  forms an integral part of development for the purposes of tourism on the site, or
(b)  will not conflict with the use of the site for the purposes of tourism.
cl 7.27: Ins 2019 (481), cl 5 (2).
7.28   Development on land at South Nowra and Nowra Hill
(1)  This clause applies to land identified as “Cl 7.28” on the Clauses Map, being the following (each an existing lot)—
(a)  Lot 235, DP 755952, The Links Road, Nowra Hill,
(b)  Lot 1, DP 1112040, 109 The Links Road, Nowra Hill,
(c)  Lots 4 and 5, DP 1016142, 129 and 147 The Links Road, Nowra Hill,
(d)  Lot 1, DP 1010322, 167 The Links Road, Nowra Hill,
(e)  Lots 21 and 22, DP 1043769, 181 and 175 The Links Road, Nowra Hill,
(f)  Lot 237, DP 755952, 183 The Links Road, Nowra Hill,
(g)  Lots 39–42, DP 19407, 2, 4, 6 and 8 Central Avenue, South Nowra,
(h)  Lots 17 and 18, DP 19407, 21 and 13 Oxford Street, South Nowra,
(i)  Lots 1 and 2, DP 207847, 32 and 20 Oxford Street, South Nowra,
(j)  Lot 2, DP 1157089, 33 Oxford Street, South Nowra,
(k)  Lot 2, DP 205646, 40 Oxford Street, South Nowra,
(l)  Lot 2, DP 500563, 41 Oxford Street, South Nowra,
(m)  Lots 48–52, DP 19407, 37, 33, 29, 25 and 21 Prosperity Road, South Nowra,
(n)  Lots 44–47, DP 19407, 80, 92, 106 and 148 The Links Road, South Nowra.
(2)  Development consent may be granted for development on each existing lot for the purposes of—
(a)  no more than one dwelling house on each existing lot, and
(b)  even if the land is subdivided—no more than one dwelling house on the land comprising the existing lot.
(3)  This clause is repealed on 31 July 2030.
cl 7.28: Ins 2020 (436), Sch 1.
7.29   Subdivision of land at Jervis Bay Road, Falls Creek
(1)  This clause applies to land identified as “Cl 7.29” on the Clauses Map, being Lot 3, DP 846470, Jervis Bay Road, Falls Creek (the original lot).
(2)  Despite any other provision of this Plan, development consent may be granted to subdivide the original lot under the Community Land Development Act 1989 into a maximum of 14 lots (the resulting lots) if—
(a)  one of the resulting lots will—
(i)  comprise association property, within the meaning of the Community Land Development Act 1989, and
(ii)  contain all of the land in Zone C2 Environmental Conservation that was in the original lot, and
(iii)  be reserved and maintained for the purposes of conserving native flora and fauna habitat, and
(b)  all other resulting lots will—
(i)  together contain all of the land in Zone R5 Large Lot Residential that was in the original lot, and
(ii)  each have an area of at least 4,000 m2.
(3)  Despite any other provision of this Plan, a dwelling must not be located on or erected on the lot comprising association property.
cl 7.29: Ins 2021 (244), Sch 1. Am 2022 (857), Sch 1.5[3].
7.30   Development on land at Nowra Hill and Sussex Inlet
(1)  This clause applies to the following land identified as “Cl 7.30” on the Clauses Map (each an original lot)—
(a)  Lot 1, DP 1112040, 109 The Links Road, Nowra Hill,
(b)  Lot 5, DP 1016142, 147 The Links Road, Nowra Hill,
(c)  Lot 104, DP 26638, 1002B Sussex Inlet Road, Sussex Inlet,
(d)  Lot 8, DP 731147, 12 The Springs Road, Sussex Inlet.
(2)  An original lot may be subdivided, with development consent, to create other lots (the resulting lots) if 2 of the resulting lots will—
(a)  each contain at least 1,800m2 of land in Zone E4 General Industrial, and
(b)  together contain all of the non-urban land that was in the original lot.
(3)  In this clause—
non-urban land means land in the following zones—
(a)  Zone C2 Environmental Conservation,
(b)  Zone C3 Environmental Management,
(c)  Zone RU2 Rural Landscape.
cl 7.30: Ins 2022 (297), Sch 1[7]. Am 2022 (857), Sch 1.5[16].
7.31   Development in local centres
(1)  The objectives of this clause are as follows—
(a)  to ensure the scale and function of development in local centres are appropriate for the location,
(b)  to ensure development in local centres is compatible with the desired future character and amenity of surrounding residential areas.
(2)  This clause applies to land identified as “Cl 7.31” on the Clauses Map.
(3)  Development consent must not be granted to development on land to which this clause applies unless the consent authority has considered—
(a)  the impact of development on—
(i)  the amenity of surrounding residential areas, and
(ii)  the desired future character of the local centre, and
(b)  whether the development is consistent with the hierarchy of centres.
cl 7.31: Ins 2022 (857), Sch 1.5[17].
7.32   Local distribution premises
(1)  The objective of this clause is to minimise land use conflict and adverse amenity impacts on surrounding residential accommodation.
(2)  Development consent must not be granted to development for the purposes of local distribution premises unless the consent authority considers—
(a)  the impact of the development and its hours of operation on surrounding residential accommodation, and
(b)  whether the operation of the local distribution premises is likely to interfere with the amenity of the neighbourhood.
cl 7.32: Ins 2022 (857), Sch 1.5[17].
Schedule 1 Additional permitted uses
(Clause 2.5)
1   Use of certain land at 431 Princes Highway, Bomaderry
(1)  This clause applies to land identified as “Sch 1.8” on the Clauses Map, being Lot 1, DP 784506, 431 Princes Highway, Bomaderry.
(2)  Development for the purposes of car parks is permitted with development consent.
2   Use of certain land at Dolphin Point Road, Dolphin Point.
(1)  This clause applies to land identified as “Sch 1.2” on the Clauses Map, being Lot 12, DP 1104789, Dolphin Point Road, Dolphin Point.
(2)  Development, being the construction of a single dwelling house only (ancillary to the existing caravan park) on the elevated portion of the land that is above 10m Australian Height Datum, is permitted with development consent.
3   Use of certain land at Princes Highway, Falls Creek
(1)  This clause applies to land identified as “Sch 1.7” on the Clauses Map, being Lots 68 and 69, DP 15507, Princes Highway, Falls Creek.
(2)  Development for the purpose of industries, being the manufacture of timber frames and trusses and associated uses, is permitted with development consent.
4   Use of certain land at Alma Avenue, Fisherman’s Paradise
(1)  This clause applies to land identified as “Sch 1.1” on the Clauses Map, being Lot 2, DP 1086441, Alma Avenue, Fisherman’s Paradise.
(2)  Development for the purpose of a service station is permitted with development consent.
5   Use of certain land at Greens Road, Greenwell Point
(1)  This clause applies to land identified as “Sch 1.10” on the Clauses Map, being Lot 118, DP 45810, Greens Road, Greenwell Point.
(2)  Development for the purpose of rural industries, being the processing of fish (oysters), is permitted with development consent.
6   Use of certain land at Manyana
(1)  This clause applies to land identified as “Sch 1.15” on the Clauses Map, being Lot 2, DP 1121854, Sunset Strip, Manyana, that part of Lot 106, DP 755923, (Portion 106), Inyadda Drive, Manyana that is in Zone C3 Environmental Management; and that part of Lot 2, DP 1161638, Inyadda Drive, Manyana that is in Zone C3 Environmental Management.
(2)  Development for the purposes of advertising structures, amusement centres, community facilities, food and drink premises, function centres, helipads, heliports, recreation facilities (indoor), recreation facilities (major), recreation facilities (outdoor) and registered clubs is permitted with development consent.
7   (Repealed)
8   Use of certain land at Windward Way, Milton
(1)  This clause applies to land identified as “Sch 1.12” on the Clauses Map, being Lot 1, DP 780801 and Lot 1, DP 737576, Windward Way, Milton.
(2)  Development for the purpose of seniors housing is permitted with development consent, but only if the consent authority is satisfied of the following—
(a)  any public utility infrastructure that is essential for the development is available or that adequate arrangements have been made to make that infrastructure available when required,
(b)  a traffic study has been prepared to assess the impact of the development on the Princes Highway and the local road network.
9   Use of certain land in Maisie Williams Drive, Mollymook
(1)  This clause applies to land identified as “Sch 1.13” on the Clauses Map, being Lot 621, DP 804355, Maisie Williams Drive, Mollymook.
(2)  Development for the purposes of dwelling houses or dual occupancies is permitted with development consent.
10   Use of certain land in the Nowra-Bomaderry Urban Release Area
(1)  This clause applies to land identified as “Sch 1.5” on the Clauses Map, being land that is in the Nowra-Bomaderry Urban Release Area.
(2)  Development for the purposes of office premises and service stations is permitted with development consent.
11   Use of certain land at 96 Albatross Road, South Nowra
(1)  This clause applies to land identified as “Sch 1.11” on the Clauses Map, being Lot 460, DP 1062117, 96 Albatross Road, South Nowra.
(2)  Development for the purposes of registered clubs and tourist and visitor accommodation is permitted with development consent.
11A   Use of certain land at Wandra and Advance Roads, Verons Estate, Sussex Inlet
(1)  This clause applies to land identified as “Sch 1.18” on the Clauses Map, being part of Lots 1–19, DP 9897, Wandra and Advance Roads, Verons Estate, Sussex Inlet.
(2)  Development for the purposes of extensive agriculture is permitted with development consent.
12   Use of certain land at 188 Camden Street, Ulladulla
(1)  This clause applies to land identified as “Sch 1.14” on the Clauses Map, being Lot 1, DP 1137716, 188 Camden Street, Ulladulla.
(2)  Development for the purpose of aquaculture (including pond-based aquaculture) is permitted with development consent.
13   (Repealed)
14   Use of certain land at Yalwal Road, West Nowra
(1)  This clause applies to land identified as “Sch 1.3” on the Clauses Map, being Lot 432, DP 723151, Yalwal Road, West Nowra.
(2)  Development for the purpose of Aboriginal community housing to a total of 16 dwellings is permitted with development consent.
15   Use of certain land at Wollumboola
(1)  This clause applies to land identified as “Sch 1.17” on the Clauses Map, being Lot 1, DP 1151723, Wollumboola.
(2)  Development for the purpose of a camping ground is permitted with development consent.
16   Use of certain land at Braidwood Road and Yerriyong Road, Yerriyong
(1)  This clause applies to the land identified as “Sch 1.16” on the Clauses Map, being Lot 7309, DP 1148878, Braidwood Road, Yerriyong, and Lot 7308, DP 1147573 that is in Zone SP2 Infrastructure at Yerriyong Road, Yerriyong.
(2)  Development for the purpose of recreation facilities (major), being a motor sports facility, is permitted with development consent.
17   Use of certain land at Yerriyong Lane, Yerriyong
(1)  This clause applies to the land identified as “Sch 1.4” on the Clauses Map, being land at Yerriyong Lane, Yerriyong, in the vicinity of HMAS Albatross.
(2)  Development for the purposes of car parks, garden centres, horticulture, landscaping material supplies and light industries is permitted with development consent.
18   Use of certain land at 5C Creston Grove, Bomaderry
(1)  This clause applies to land identified as “Sch 1.20” on the Clauses Map, being Lot 393, DP 1144727, 5C Creston Grove, Bomaderry.
(2)  Development for the purposes of vehicle sales or hire premises only is permitted with development consent.
Note—
The development referred to in this subclause does not include, for example, any ancillary industrial activity such as the repair of, or fitting of accessories to, motor vehicles, caravans, boats, trailers, agricultural machinery and the like.
(3)  Subclause (2) does not apply to a development application lodged more than 12 months after the commencement of Shoalhaven Local Environmental Plan 2014 (Amendment No 14).
(4)  Development consent must not be granted under subclause (2) unless the consent authority is satisfied that development work will physically commence on the land within 12 months after the date the consent is granted.
19   Use of certain land at 9 Browns Road, South Nowra
(1)  This clause applies to land identified as “Sch 1.19” on the Clauses Map, being Lot 1, DP 1079345, 9 Browns Road, South Nowra.
(2)  Development for the purpose of caravan parks is permitted with development consent.
20   Use of certain land at Yalwal
(1)  This clause applies to land identified as “Sch 1.21” on the Clauses Map, being Lot 1, DP 217080, Lot 1, DP 874512, part of Lots 1, 4 and 5, DP 252335, part of Lot 15, DP 1216343, part of Lot 11, DP 755931 and part of Lot 122, DP 1255641, Yalwal Road, Yalwal.
(2)  Development for the purpose of a camping ground is permitted with development consent.
21   Use of certain land at Moss Vale Road, Kangaroo Valley
(1)  This clause applies to land at Moss Vale Road, Kangaroo Valley, identified as “Sch 1.22” on the Clauses Map.
(2)  Development for the purposes of multi dwelling housing consisting of no more than 6 dwellings is permitted with development consent.
(3)  The land may be subdivided under the Strata Schemes Development Act 2015.
22   Use of certain land at Forster Drive, Bawley Point
(1)  This clause applies to the following land at Bawley Point identified as “Sch 1.23” on the Clauses Map
(a)  Lot 33, DP 1259627, 123 Forster Drive,
(b)  Part Lot 21, DP 1217069, 132 Forster Drive.
(2)  Development for the purposes of function centres is permitted with development consent.
23   Use of certain land at Croobyar Road, Milton
(1)  This clause applies to land at Croobyar Road, Milton identified as “Sch 1.30” on the Clauses Map.
(2)  Development for the purposes of centre-based child care facilities is permitted with development consent.
24   Use of certain land at Nowra, Berry, Greenwell Point and Milton
(1)  This clause applies to the following land identified as “Sch 1.25” on the Clauses Map
(a)  Lot 1000, DP 1209457, 90 Kalandar Street, Nowra,
(b)  Lot 1, DP 1171713 and Lot 1, DP 578257, Queen Street, Berry,
(c)  Lot 1, DP 509922, Greenwell Point Road, Greenwell Point,
(d)  Lot 25, DP 789217 and Lot 1, DP 872508, Princes Highway, Milton.
(2)  Development for the purposes of registered clubs is permitted with development consent.
25   Use of certain land at 35 Quinns Lane, South Nowra
(1)  This clause applies to Lot 7, DP 564180, 35 Quinns Lane, South Nowra identified as “Sch 1.26” on the Clauses Map.
(2)  Development for the purposes of freight transport facilities is permitted with development consent.
26   Use of certain land at Bomaderry, Culburra Beach, Nowra, Sanctuary Point, South Nowra and Ulladulla
(1)  This clause applies to land identified as “Sch 1.27” on the Clauses Map.
(2)  Development for the purposes of retail premises, signage and transport depots is permitted with development consent.
27   Use of certain land at Albatross Aviation Technology Park and Cambewarra
(1)  This clause applies to land identified as “Sch 1.28” on the Clauses Map.
(2)  Development for the purposes of air transport facilities, airstrips, general industries and helipads is permitted with development consent.
28   Use of certain land at Basin View, Berry, Bomaderry, Culburra Beach, Huskisson, Nowra Hill, South Nowra, Sussex Inlet and Ulladulla
(1)  This clause applies to land identified as “Sch 1.29” on the Clauses Map.
(2)  Development for the purposes of heavy industries is permitted with development consent.
sch 1: Am 2014 (597), cl 5; 2017 (536), cl 5; 2018 (488), Sch 1.2; 2018 (588), cl 5; 2019 (482), Sch 1 [10] [11]; 2020 (695), cl 5; 2022 (371), cl 4(2); 2022 (627), cl 5; 2022 (740), cl 5; 2022 (857), Sch 1.5[3] [18] [19] (am 2023 (82), Sch 1.6[8]–[11]); 2023 (19), 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.
A-frame signs
(1)  Must be located on the footpath adjoining the building to which the sign relates.
(2)  Must not be located in a residential, rural or environmental zone unless it relates to a shop.
(3)  Maximum 1 sign per premises.
(4)  Maximum area of each face of the sign—1m2.
(5)  Maximum width—0.75m.
(6)  Must not obstruct the movement of pedestrians.
(7)  Must be removed at the close of business each day.
Dairies (pasture-based)
(1)  Must be on land in Zone RU1 Primary Production or Zone RU2 Rural Landscape.
(2)  Must not be on land identified as “Biodiversity—habitat corridor” or “Biodiversity—significant vegetation” on the Terrestrial Biodiversity Map.
(3)  Must not be on land identified as “Riparian Land” on the Riparian Lands and Watercourses Map.
(4)  Must not be on land identified as “Sensitive Area” on the Natural Resource Sensitivity—Land Map.
(5)  Must not be on land identified as “Class 1”, “Class 2”, “Class 3”, “Class 4” or “Class 5” on the Acid Sulfate Soils Map.
Display of goods on footpaths
(1)  Must be located on the footpath adjoining the building at which the goods are sold.
(2)  Maximum 2 displays per premises.
(3)  Maximum height of each display—1.8m.
(4)  Maximum width of each display—3m.
(5)  Maximum depth of each display—0.8m.
(6)  Must be stable and firmly secured.
(7)  Must not obstruct the movement of pedestrians.
(8)  Must be removed at the close of business each day.
Horticulture
(1)  Must be on land in Zone RU1 Primary Production or Zone RU2 Rural Landscape.
(2)  Must not be on land identified as “Biodiversity—habitat corridor” or “Biodiversity—significant vegetation” on the Terrestrial Biodiversity Map.
(3)  Must not be on land identified as “Riparian Land” on the Riparian Lands and Watercourses Map.
(4)  Must not be on land identified as “Sensitive Area” on the Natural Resource Sensitivity—Land Map.
(5)  Must not be on land identified as “Class 1”, “Class 2”, “Class 3”, “Class 4” or “Class 5” on the Acid Sulfate Soils Map.
Lighting (external)
(1)  Must not be for the lighting of tennis courts or sports fields.
(2)  Must not be directed onto adjoining properties or a road.
(3)  Must not be directed onto a classified road under the Roads Act 1993.
Private electricity service poles
Must be installed in accordance with the requirements of Endeavour Energy.
Solid fuel heaters (including oil-fired appliances)
(1)  Must be tested to comply with AS/NZS 4012:2014, Domestic solid fuel burning appliances—Method for determination of power output and efficiency and AS/NZS 4013:2014, Domestic solid fuel burning appliances—Method for determination of flue gas emission.
(2)  Must be installed in accordance with AS/NZS 2918:2018, Domestic solid fuel burning appliances—Installation.
(3)  If a boiler or pressure vessel—must be installed in accordance with AS/NZS 1200:2015, Pressure equipment.
(4)  Flues and chimneys must not terminate in such a position as to constitute—
(a)  a risk of fire to nearby combustibles, or
(b)  a risk of penetration of the flue gases through nearby windows or other openings, fresh air inlets, mechanical ventilation inlets or exhausts, or the like.
(5)  Flue and chimney heights must be at least 1.0m above the height of any structure or topographical feature within a 15m radius of the chimney with a maximum chimney height of 2m above the ridge of the roof on which it is installed.
Temporary events on public land and public roads and associated temporary structures
(1)  For the purposes of development specified for this clause—
event means any event (including, without limitation, a market, exhibition, ceremony, meeting, concert, sporting event or fete) that would, but for this clause, require development consent.
(2)  Must take place on land owned by the Council or for which the Council has care, control and management (including Crown land) or a public road for which the Council is the roads authority under the Roads Act 1993.
(3)  Must not involve demolition or excavation.
(4)  Must not involve overnight accommodation on bushfire prone land.
(5)  Must not be conducted for more than 52 days (whether or not consecutive) in any period of 12 months.
Note—
The proposed event may involve activities that require approvals under the Local Government Act 1993 and other legislation. Such activities include the closure of public roads, the erection of temporary structures and activities on public land. Consultation with the Council will assist in identifying any requirements before organising such activities.
sch 2: Am 2016 (525), Sch 1 [15]; 2019 (482), Sch 1 [12] [13]; 2023 (526), Sch 1[1]–[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
Sussex Inlet, Edgewater Avenue
Lot 35, DP 226342
Part 2 Land classified, or reclassified, as operational land—interests changed
Column 1
Column 2
Column 3
Locality
Description
Any trusts etc not discharged
Coolangatta, Bolong Road
Lot 12, DP 617101
Easement for pipeline (A785289), easement for access (B23693) and easement for pipeline (B23695), as noted on Certificate of Title Folio Identifier 12/617101
Coolangatta, Bolong Road
Lot 3, DP 597223
Nil
Shoalhaven Heads, 50 Shoalhaven Heads Road
Lot 21, DP 252581
Nil
St Georges Basin, Island Point Road
Lot 4, DP 550354
Nil
Vincentia, Lively Street
Part of Lot 2081, DP 216860, 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 2017 (349), Sch 1 [1] [2].
Schedule 5 Environmental heritage
(Clause 5.10)
Part 1 Heritage items
Locality
Item
Address
Property description
Significance
Item no
Back Forest
Victorian weatherboard farmhouse
235A Back Forest Road
Lot 1, DP 629802
Local
1
Back Forest
Berry Estate former pumping station
255 Back Forest Road
Lot 1, DP 1064332
Local
2
Back Forest
Edwardian weatherboard house
37 Bailleul Lane (private)
Lot 5, DP 883117
Local
3
Bamarang
“Bamarang”—Victorian sandstone homestead and cemeteries
72 Bamarang Road
Lot 20, DP 746233
Local
4
Bangalee
“Weir”—family graves and former homestead site
Bangalee Scout Camp Road and Koloona Drive
Lots 47 and 48, DP 751273
Local
5
Barrengarry
“Cavan”—dairy farm complex
30 Cavan Road
Lot 7, DP 869740
Local
6
Barrengarry
Barrengarry Store, post office and residence
2167 Moss Vale Road
Lot 11, DP 3237
Local
7
Barrengarry
“Rosedale”—Victorian farmhouse and outbuildings
2240 Moss Vale Road
Lot 101, DP 623325
Local
8
Barrengarry
Victorian School (former), including schoolmaster’s residence and grounds
2565 Moss Vale Road
Lot 2565, DP 1118533
Local
9
Barrengarry
“Ascot”—dairy farm complex
49 Upper Kangaroo River Road
Lot 18, DP 773481
Local
10
Barrengarry
“Oakleigh”—(former gatehouse to Barrengarry House)
89 Upper Kangaroo River Road
Lot 1, DP 746459
Local
11
Barrengarry
“Barrengarry House”—two storey Victorian estate complex including tree-lined drive and approaches
171 Upper Kangaroo River Road
Lot 1 DP 259769; Lot 1, DP 195569
Local
12
Bawley Point
1830s colonial road
Johnston Street
Lot 7300, DP 1126283; Lot 7005, DP 1055182
Local
15
Bawley Point
Relocated Bawley Point mill worker’s cottage
10 Johnston Street
Lot A, DP 380422
Local
13
Bawley Point
Bawley Point guesthouse and Genus callitris (Cyprus Pine)
21 Johnston Street
Lot 43, DP 1038219 and adjacent road reserve
Local
14
Bawley Point
“Murramarang”—former colonial estate house
226 Murramarang Road
Lot 23, DP 571930
Local
16
Bawley Point
Bawley Point sawmill and wharf (former)
Tingira Drive
Lots 120–129, DP 755961; Lot 7004, DP 1057514
Local
17
Beaumont
Cambewarra Lookout manager’s residence and garden
182 Cambewarra Lookout Road
Part Lot 1 and Lot 2, DP 849185
Local
18
Beecroft Peninsula
Wreck of the “Merimbula”
Beecroft Parade
Lot 7004, DP 1030104
Local
19
Beecroft Peninsula
Point Perpendicular lighthouse group
Lighthouse Road
Lots 51 and 52, DP 837775
Local
20
Bellawongarah
Bellawongarah Cemetery
899 Kangaroo Valley Road
Lots 1–5, DP 1115368; Lot 1, DP 115445; Lot 1, DP 1034714; Lots 7300 and 7301, DP 1152357; internal road reserve adjacent to Lots 1, 2, 4 and 5, DP 1115368, Lot 7301, DP 1152357 and Lot 1, DP 1034714
Local
22
Bellawongarah
Former Bellawongarah Church
869 Kangaroo Valley Road
Lots 9 and 10, DP 113374
Local
21
Berry
Federation weatherboard cottage and garden
21 Albany Street
Lot 4, DP 375126
Local
24
Berry
Inter-war Federation style weatherboard cottage and fence
23 Albany Street
Lot B, DP 350396
Local
25
Berry
Victorian Georgian style weatherboard cottage
25 Albany Street
Lot 61, DP 826592
Local
26
Berry
Inter-War Federation Weatherboard Cottage
27 Albany Street
Lot B, DP 367180
Local
540
Berry
Inter-War Californian Bungalow
29 Albany Street
Lot 8, Sec 16, DP 8058
Local
541
Berry
Victorian Georgian style weatherboard cottage
19 Albert Street
Lot A, DP 408003
Local
27
Berry
Federation Weatherboard Cottage
46 Albert Street
Lot A, DP 374950
Local
542
Berry
Federation weatherboard cottage
54 Albert Street
Lot 17, Section 10, DP 8058
Local
28
Berry
Victorian carpenter gothic style hall
77 Albert Street
Lot 100, DP 1172397
Local
29
Berry
Agathis robusta (Kauri Pine)
30 Alexandra Street
Part of Lot 2, DP 17926 and adjacent road reserve
Local
33
Berry
Araucaria cunninghamii (Hoop Pine)
62 Princess Street
Part of Lot A, DP 411591 and adjacent road reserve
Local
37
Berry
Avenue of Remembrance (tree-lined)
Alexandra Street
Road reserve between Lot 26, Section 5, DP 8058 and Lot A, DP 411591
Local
35
Berry
Berry War Memorial Park including sandstone war memorial
Alexandra Street
Lot 26, Section 5, DP 8058
Local
34
Berry
David Berry Memorial Park including David Berry Memorial Column and pedestal
Alexandra Street, 4 Gillam Street and 1 and 3 Station Road
Lot 1, DP 1167057; Lot 3 and 5, DP 17263; Part of Lot 4, DP 17263
Local
36
Berry
Former Federation brick butcher’s shop
14 Alexandra Street
Lot 1, DP 513688 and adjacent road reserve
Local
30
Berry
Berry School of Arts
19 Alexandra Street
Lot 8, DP 924675
Local
31
Berry
Berry showground group and trees including Victorian agricultural pavilion, rotunda, poultry shed, wood chopping arena, cattle yards, Alexandra Street entrances, Sir John Hay Memorial Fountain, former Berry Municipal Chambers, Araucaria bidwilli (Bunya Pine), Araucaria cunninghamii (Hoop Pines), Ficus sp (Fig tree), Erythrina sp (Coral trees), Eucalyptus sp (Eucalyptus trees), Magnolia sp (Magnolias), Photinia serratifolia (Photinia), Callitris macleayana (Cypress), Cinnamomum camphora (Camphor Laurels) and Camellia sp (Camellias)
35 Alexandra Street
Lot 1, DP 940561; Lot 1, DP 17263 and adjacent road reserve
Local
32
Berry
Harley Hill Cemetery
Beach Road
Lot 1, DP 723973
Local
38
Berry
Victorian school and trees
1 Clarence Street
Lot 12, DP 882716
Local
108
Berry
Inter-war group of institutional brick and weatherboard buildings and trees
660 Coolangatta Road
Lot 1, DP 131859
Local
40
Berry
Remnant old growth eucalypts
47 and 48 George Street
Part of Lot 12, DP 737105; Part of Lot 13, DP 788695 and adjacent road reserve
Local
41
Berry
Berry General Cemetery
Kangaroo Valley Road
Lot 71, DP 4468
Local
43
Berry
Eucalyptus pilularis (Blackbutt)
42 Kangaroo Valley Road and 1A North Street
Part of Lots 1 and 2, DP 773489 and adjacent road reserve
Local
42
Berry
Calodendrum capense (Cape Chestnut)
King Street and 54 Victoria Street
Part of Lot 1, DP 710284 and adjacent road reserve
Local
45
Berry
Roman Catholic church including grounds and two storey brick convent
80 North Street
Lot 1, DP 86897
Local
46
Berry
Bill’s concrete horse trough
12 Prince Alfred Street
Part of Lot 2, DP 572830 and adjacent road reserve
Local
60
Berry
James Wilson Memorial Fountain
Corner of Queen Street and Prince Alfred Street
Road reserve on the corner of Queen Street and Prince Alfred Street adjacent to Lot 11, DP 816490
Local
61
Berry
Federation weatherboard cottage including brick stables and hedge
10 Prince Alfred Street
Lot 1, DP 572830
Local
47
Berry
Apex Park
12 Prince Alfred Street
Lot 2, DP 572830
Local
48
Berry
Former Federation weatherboard shop
21 Prince Alfred Street
Lot 16, Section 3, DP 8058
Local
50
Berry
Former Berry Estate Bakery and residence
23 Prince Alfred Street
Lot 2, DP 532935
Local
51
Berry
Federation weatherboard cottage
25 Prince Alfred Street
Lot A, DP 380097
Local
52
Berry
Federation weatherboard cottage and trees
31 Prince Alfred Street
Lot 3, DP 932362
Local
53
Berry
Federation weatherboard cottage and garden
32 Prince Alfred Street
Lot 1, DP 970121
Local
54
Berry
Federation Weatherboard Cottage
36 Prince Alfred Street
Lot 61, DP 703237
Local
543
Berry
Araucaria heterophylla (Norfolk Island Pines-2)
40 Prince Alfred Street
Part of Lot 1, DP 950717 and adjacent road reserve
Local
55
Berry
Georgian style weatherboard cottage
43 Prince Alfred Street
Lot 17, Section 5, DP 8058
Local
56
Berry
Federation weatherboard cottage
47 Prince Alfred Street
Lot 19, Section 5, DP 8058
Local
57
Berry
Victorian Georgian style weatherboard cottage and trees including Araucaria cunninghamii (Hoop Pines-2) and Brachychiton acerifolius (Illawarra Flame trees-3)
53 Prince Alfred Street
Lot 56, DP 701877 and adjacent road reserve
Local
58
Berry
Victorian Georgian style gatekeeper’s cottage
66 Prince Alfred Street
Lot 1, DP 1022140
Local
59
Berry
“Constables Cottage”—Victorian Georgian style weatherboard cottage and garden
185 Queen Street
Lot 1, DP 558065; Lot 5, DP 600374
Local
62
Berry
“Mananga”—Berry Estate manager’s farm complex
8 Homestead Lane
Lot 101, DP 1057897
Local
63
Berry
Quercus virginiana (American Live Oak)
67 Princess Street
Part of Lot 1012, DP 872963; Part of Lot 9, Section 3, DP 8058
Local
69
Berry
Inter-war weatherboard Californian bungalow
52 Princess Street
Lot 1, DP 304729
Local
64
Berry
Inter-war weatherboard and fibro cottage
54 Princess Street
Lot 18, Section 8, DP 8058
Local
65
Berry
Federation Weatherboard Cottage
64 Princess Street
Lot 1, DP 617648
Local
544
Berry
Inter-war brick residence including doctor’s surgery and garden
65–67 Princess Street
Lots 8 and 9, Section 3, DP 8058
Local
66
Berry
Former two storey Anglican rectory and garden
68 Princess Street
Lot 20, DP 840778
Local
67
Berry
St Luke’s Anglican Church including memorial gates and trees, including Araucaria heterophylla (Norfolk Island Pine)
68A Princess Street
Lot 21, DP 840778 and adjacent road reserve
Local
68
Berry
Federation Weatherboard Cottage
71 Princess Street
Lot 1, DP 920044
Local
545
Berry
Colonial style weatherboard store (former Wilson and Co store), and Araucaria heterophylla (Norfolk Island Pines-2)
1 and 3 Pulman Street
Lot 1, DP 724944; Part of Lot 23, DP 1017132 and adjacent road reserve
Local
70
Berry
Colonial weatherboard cottage (former curate’s cottage)
3 Pulman Street
Lot 23, DP 1017132
Local
71
Berry
“Lynstowe”—Colonial style weatherboard cottage and former grist mill
11 Pulman Street
Lot 20, DP 5270
Local
72
Berry
Farmhouse and Broughton Creek former grist mill (former Tindal’s farm)
13 Pulman Street
Lot 1, DP 629875
Local
73
Berry
Pulman’s Colonial Weatherboard Farmhouse and trees
20 and 30 Pulman Street
Lots 210 and 211, DP 1124317
Local
74
Berry
Two storey Victorian rendered brick shop
97 Queen Street
Lot 7, DP 825542 and adjacent road reserve
Local
92
Berry
Federation weatherboard cottage
50 Queen Street
Lot 1, DP 530751
Local
75
Berry
Federation Weatherboard Cottage
51 Queen Street
Lot 2, DP 511332
Local
546
Berry
Federation Weatherboard Cottage
54 Queen Street
Lot 102, DP 608789
Local
547
Berry
Mid-twentieth century residence and garden
60 Queen Street
Lot 1, DP 1109325
Local
76
Berry
Relocated Federation weatherboard cottage
65 Queen Street
Part of Lot CP, SP 77007 and adjacent road reserve
Local
77
Berry
Inter-war Spanish mission style bungalow and garden
66 Queen Street
Lot 1, DP 619195
Local
78
Berry
Victorian Georgian style weatherboard residence
78 Queen Street
Lot 2, DP 270250
Local
79
Berry
Federation weatherboard cottage
81 Queen Street
Lot A, DP 369043
Local
80
Berry
Former Federation blacksmith’s shop including Cinnamomum camphora (Camphor Laurel)
83 Queen Street
Lot B, DP 369043
Local
81
Berry
Two storey Federation residence and garden
89 Queen Street
Lot B, DP 400209
Local
82
Berry
Inter-war Art Deco style shop
102 Queen Street
Lot 1011, DP 872963 and adjacent road reserve
Local
83
Berry
Two storey Victorian Italianate style shop
105 Queen Street
Lot 1, DP 778335 and adjacent road reserve
Local
84
Berry
Former Victorian Free Classical style estate office
110 Queen Street
Lot 2, DP 209665 and adjacent road reserve
Local
85
Berry
Inter-war weatherboard shop
114–118 Queen Street
Lot 1, DP 121360; Lot X, DP 418264 and adjacent road reserve
Local
86
Berry
Two storey Victorian hotel and detached kitchen including Acmena smithii (Lilly Pillies-2)
120 Queen Street
Lot 1, DP 578257
Local
87
Berry
Former CBC bank including fence and trees
122 Queen Street
CP SP 93194
Local
88
Berry
Federation weatherboard shop
131 Queen Street
Lot 1, DP 1009635
Local
89
Berry
Berry Museum, former E S and A Bank and garden
135 Queen Street
Lot 1, DP 221105
State
90
Berry
Victorian Free Classical style post office
137 Queen Street
Lot 1, DP 1111478
Local
91
Berry
Toona australis (Australian Red Cedar)
11 Station Road
Part of Lot 55, DP 701877 and adjacent road reserve
Local
93
Berry
Berry Railway Station group including Victorian Georgian style stationmaster’s cottage, Ilex cornuta (Chinese Holly) and Gardenia thunbergia (Gardenia)
34 Station Road
Lot 2, DP 1001740
State
94
Berry
Populus nigra italica (Lombardy Poplars-23)
Tannery Road
Road reserve
Local
97
Berry
David Berry Hospital complex including gatehouse, stained glass window, garden, trees and remnant rainforest
85 Tannery Road
Part Lot 1, DP 913853
State
95
Berry
“Woodside Park”—dairy farm complex and gatehouse
94A and 94B Tannery Road and Moeyan Road
Lot 2, DP 731117; Lot 1, DP 1038647 and internal road
Local
96
Berry
Mark Radium Park
Victoria Street
Lot 10, DP 1188080
Local
109
Berry
Inter-war Georgian style weatherboard cottage
23 Victoria Street
Lot 2, DP 519970
Local
98
Berry
Former Presbyterian manse and garden
36 Victoria Street
Lot B, DP 163935
Local
99
Berry
Inter-war schoolmaster’s residence
40 Victoria Street
Lot 11, DP 882716
Local
100
Berry
Federation Weatherboard Cottage
44 Victoria Street
Lot 2, DP 505765
Local
548
Berry
Melaleuca decora (Paper Barks-2)
51A Victoria Street
Part of Lot 101, DP 1125002
Local
101
Berry
Victorian Georgian style police residence and lockup
56 Victoria Street
Lot 1, DP 199995
Local
102
Berry
Victorian Classical Academic style court house including Cinnamomum camphora (Camphor Laurel)
58 Victoria Street
Lot 2, DP 199995 and adjacent road reserve
State
103
Berry
Inter-War Weatherboard Cottage
63 Victoria Street
Lot 2, DP 18189
Local
549
Berry
Federation weatherboard cottage
65 Victoria Street
Lot 11, Section 8, DP 8058
Local
104
Berry
Federation Weatherboard Cottage
69 Victoria Street
Lot 4, DP 604982
Local
550
Berry
Federation weatherboard cottage and trees
71 Victoria Street
Lot 2, DP 327819
Local
105
Berry
Inter-War Californian Bungalow
75-77 Victoria Street
Lot 2, DP 304729; Lot 5, Sec 8, DP 8058
Local
551
Berry
Relocated Colonial weatherboard school (former Broughton Creek School)
79 Victoria Street
Lot 4, Section 8, DP 8058
Local
106
Berry
Inter-war Gothic style brick church and fence
83 Victoria Street
Lot 2, Section 8, DP 8058
Local
107
Berry
Berry Estate salt wall
Wharf Road
Lot 1, DP 568280
Local
110
Berry
Windsor Drive Park
Windsor Drive
Lot 24, DP 248248
Local
111
Berry
Populus nigra italica (Lombardy Poplars-9)
Woodhill Mountain Road
Road reserve
Local
112
Berry Mountain
“Cobbadah”—Victorian Georgian style farmhouse and dairy farm complex, including garden, dry stone walls and survey marks
373 Kangaroo Valley Road
Lot 1211, DP 1099097
Local
113
Berry Mountain
“Glenworth”—Late Victorian Filigree two storey residence and grounds
466 Kangaroo Valley Road
Lots 6–8, DP 1037100
Local
114
Bewong
Federation weatherboard farmhouse (McDonalds)
Princes Highway
Lot 3, DP 209048; Lot 1, DP 200251
Local
115
Bolong
Berry Estate vertical timber slab cottage and outbuildings
459 Bolong Road
Lot 10, DP 1052770
Local
116
Bolong
“Beuna Vista”—dairy farm complex including Berry Estate vertical timber slab barn
500 Bolong Road
Lot 1; DP 655442; Lot 1, DP 1034357
Local
117
Bolong
Berry Estate timber stud framed flood boatshed
Jennings Lane
Lot 1, DP 872745
Local
120
Bolong
Former Bolong Public School including shelter shed and relocated Carpenter Gothic style Bolong Union Church
8 Jennings Lane
Lots 3 and 4, DP 1108931
Local
118
Bolong
“Iolanthe”—dairy farm complex
100 Jennings Lane
Lots 16, 17 and 19, DP 4266
Local
119
Bomaderry
Federation period Bomaderry Primary School (former) and trees
5 and 17 Birriley Street
Lots 1 and 2, DP 568955
Local
121
Bomaderry
Bomaderry Milk Factory (former)
31A Bolong Road
Lot 1, DP 189450; Lot 1, DP 795633
Local
124
Bomaderry
“Greenleaves”—Federation Queen Anne style residence and grounds
59 Bolong Road
Lot 5, Section 32, DP 2886
Local
122
Bomaderry
Federation brick and asbestos tile residence
67 Bolong Road
Part Lot 2, DP 324484
Local
123
Bomaderry
Former Bomaderry Aboriginal Children’s Homes (former United Aborigines Mission)
Brinawarr Street and 59 Beinda Street
Lots 4–6, Section 29, DP 2886
State
125
Bomaderry
“Illowra”—Federation timber Berry Estate residence and garden
125 Brinawarr Street
Lot 2, DP 792770
Local
136
Bomaderry
Federation weatherboard residence
10 Coomea Street
Lot 16, Section 9, DP 2886
Local
126
Bomaderry
Federation weatherboard residence
12–14 Coomea Street
Lots 14 and 15, Section 9, DP 2886
Local
127
Bomaderry
Inter-war weatherboard Californian bungalow
21 Coomea Street
Lot 5, Section 24, DP 2886
Local
128
Bomaderry
Victorian weatherboard residence
37 Coomea Street
Lot 1, DP 613536
Local
129
Bomaderry
“Lynburn”—timber Federation residence and garden
13 Mattes Way
Lots 17 and 31, DP 1254213
Local
130
Bomaderry
Bomaderry Railway Station and yard group including Nowra-Bomaderry Railway Station and “original bar holder”, Bomaderry stationmaster’s house and Bomaderry railway siding group including turntable, weighbridge, goods crane and water pump
Meroo Street, Bolong Road and 13 Railway Street
Lot 2, DP 1021415; Lot 1, DP 884113; Lot 4, DP 802440; Lot 30, DP 1200000
State
135
Bomaderry
Bomaderry Presbyterian Church
7 Meroo Street
Lot 6, Section 9, DP 2886
Local
131
Bomaderry
Brick and asbestos tile Federation bungalow
13 Meroo Street
Lot 9, Section 9, DP 2886
Local
132
Bomaderry
Railwaymen’s barracks
16 Meroo Street
Lot 1, DP 854131
Local
133
Bomaderry
Weatherboard cottage (formerly Mrs Pallett’s residence)
77 Meroo Street
Lot 1, DP 506705
Local
134
Bomaderry
Federation Georgian style worker’s cottage
9 Tanang Street
Lot 15, Section 7, DP 2886
Local
137
Bomaderry
Victorian weatherboard residence
6 Tarawara Street
Lot 3, DP 775937
Local
139
Bomaderry
Victorian weatherboard residence
8 Tarawara Street
Lot 1, DP 552899
Local
138
Brooman
Timber cottage group including former school, mill workers’ cottages, mill manager’s residence and sawmill site (old Brooman Town)
1295 The River Road
Lot 67, DP 755912; Lot 7002, DP 1125404 and adjacent road reserve
Local
140
Broughton
“Glenvale”—colonial vertical timber slab cottage and farm complex
A371 Princes Highway
Lot 81, DP 1188079
Local
141
Broughton Vale
Colonial weatherboard cottage
119 Bong Bong Road
Lot 103, DP 786955
Local
144
Broughton Vale
Drawing room rocks
Brogers Creek Road
Part of Lot 667, DP 1191868
Local
142
Broughton Vale
Broughton Vale Cemetery
Old Pioneer Crescent
Lot 20, DP 1264739
Local
143
Brundee
“Berry Estate”—vertical timber slab barn (former)
695A Greenwell Point Road
Lot 5, DP 632857
Local
145
Buangla
Grassy gully mine site
Yalwal Road
Morton National Park
Local
146
Bundewallah
Victorian Georgian style farmhouse
218 Bundewallah Road
Lot 1, DP 706470
Local
147
Burrier
Burrier ford
Burrier Road
Shoalhaven River in the vicinity of Lot 51, DP 862458 and Lot 2, DP 226584
Local
148
Burrill Lake
Araucaria heterophylla (Norfolk Island Pine)
4 Kendall Crescent
Part of Lot 307, DP 15648 and adjacent road reserve
Local
150A
Burrill Lake
Agathis robusta (Kauri Pine)
McDonald Parade and Kendall Crescent
Road reserve adjacent to Lot 307, DP 15648
Local
149
Burrill Lake
Post-war pseudo stone Burrill Lake community hall
Princes Highway
Lot 273, DP 415059
Local
150
Cambewarra
Colonial vertical timber slab cottage
94 Barfield Road
Lot 1, DP 573197
Local
152
Cambewarra
Cambewarra Rainforest Reserve
Cambewarra Lookout Road
Reserve No 57023; Lot 7300, DP 1130978; Lot 7301, DP 1131110; Lot 7302, DP 1131111; Lots 7305 and 7306, DP 1154007; Part Lot 252, DP 720937; Part Lot 2, DP 223819; Lot 3, DP 221288; Lot 103, DP 739867; Lot 1, DP 1116520 (road reserve); Lots 5 and 6, DP 1117580 (road reserve)
Local
151
Cambewarra
Evison’s dairy farm complex
49 Hockeys Lane
Lot 2, DP 621553
Local
153
Cambewarra Village
“Llanthony Lodge”—two storey Victorian weatherboard residence
1 Kalinga Street
Lot 101, DP 788323
Local
154
Cambewarra Village
Former weatherboard school
57 Main Road
Lot 2, DP 839145
Local
158
Cambewarra Village
Corrugated iron community hall
75 Main Road
Lot 1, DP 725937
Local
155
Cambewarra Village
Federation Georgian style residence (former post office)
77 Main Road
Lot 2, DP 240571
Local
156
Cambewarra Village
Weatherboard gothic carpenter style Union Church
80 Main Road
Lot 1, DP 1136545
Local
157
Cambewarra Village
Former schoolmaster’s brick residence and garden
Tannery Road
Lot 1, DP 850699
Local
159
Comberton
Comberton Grange (former dairy farm complex)
Comberton Grange Road
Lot 1, DP 550098
Local
160
Comberton
Lone grave of Thomas Speechley
Forest Road
Lot 1011, DP 1228466
Local
161
Conjola
Conjola timber trestle bridge
Murrays Road
Part of Conjola Creek, adjacent to Lot 4, DP 864378
Local
164
Conjola
Murray Family Cemetery
40 Murrays Road
Lot 4, DP 864378
Local
163
Conjola
Conjola Cemetery
Princes Highway
Lot 7037, DP 93024
Local
165
Coolangatta
Berry-Hay Private Cemetery
Bolong Road
Lot 64B, DP 7851
Local
176
Coolangatta
Colonial brick building (former Coolangatta Estate harness room), and Colonial weatherboard building (former Coolangatta Estate blacksmith’s shop) and colonial brick and timber building (former Coolangatta Estate tinsmith’s shop and residence)
Bolong Road
Part Lot 2, DP 15290
Local
175
Coolangatta
Colonial brick building (former Coolangatta Estate office) and colonial brick hall (former Coolangatta Estate community hall)
Bolong Road
Part Lot 2, DP 223278
Local
173
Coolangatta
Colonial brick building (former Coolangatta Estate stables)
Bolong Road
Lot 3, DP 15290
Local
174
Coolangatta
Coolangatta Estate group
Bolong Road
Lot 10, DP 580917; Lots 1 and 4, DP 15290; Lot 1, DP 525517
Local
169
Coolangatta
Victorian Georgian style farmhouse and trees
1165 Bolong Road
Lot 3, DP 565593
Local
166
Coolangatta
Former Berry Estate brick schoolmaster’s residence including garden and former weatherboard Berry Estate school
1180 Bolong Road
Lot 1, DP 657639
Local
167
Coolangatta
Victorian Georgian style farmhouse
1220 Bolong Road
Lot 101, DP 836951
Local
168
Coolangatta
“Coolangatta Park”—Victorian Federation filigree style residence and garden
1320 Bolong Road
Part Lot 1, DP 390622
Local
170
Coolangatta
Colonial weatherboard building (former Coolangatta Estate billiard rooms) and Colonial brick building (former Coolangatta Estate coachman’s quarters)
Bolong Road
Lot A, DP 33346
Local
172
Coolangatta
Colonial weatherboard cottage (former Coolangatta Estate convict quarters) and colonial weatherboard cottage (former Coolangatta Estate worker’s cottage) and Coolangatta Estate gardens (remnants)
1335 Bolong Road
Lot 1, DP 223278
Local
171
Coolangatta
Coomanderry Swamp drainage channel
1340, 1360, 1376 and 1390 Bolong Road, 190 Coolangatta Road, Gerroa Road, 3 Hay Avenue, 15 Jerry Bailey Road and 14, 32 and 40 Shoalhaven Heads Road
Lot 6, DP 786106; Lot 12, DP 1047067; Lot 12, DP 630628; Lot 1, DP 1196368; Lot 1, DP 706777; Lots 1 and 2, DP 1239624; Lot 2, DP 836097; Lot 1, DP 1148057; Lot 3, DP 805443; Lot 5, DP 860111; the part of DP 623346 and DP 615003 that comprises drainage reserves
Local
39
Coolangatta
“Coomanderry Park” (former estate manager’s residence)
100 Coolangatta Road
Lot 2, DP 805443
Local
178
Croobyar
Warden Family Cemetery
Croobyar Road
Lot 1, DP 1145321
Local
179
Croobyar
“Sunny Vale”—dairy farm complex
439 Croobyar Road
Lot 1, DP 725999
Local
180
Croobyar
Old Croobyar farm and tree-lined access (former dairy farm complex)
46 Ringland Lane
Lot 32, DP 734992
Local
181
Croobyar
Former Victorian brick gatehouse to Mount Airlie including elm trees and orchard
32 and 34A Woodstock Road
Lots 4 and 5, DP 589195; Part of Lot 3, DP 856688
Local
182
Cudmirrah
Errol Bond Memorial
Goonawarra Drive
Lot 7003, DP 1117842
Local
183
Culburra Beach
Penguin Head geological site
Penguins Head Road
Lot 630, DP 221746
Local
185
Culburra Beach
Moongate to former Culburra guesthouse site
196 Penguins Head Road
Lot 657, DP 12278
Local
184
Culburra Beach
Crookhaven lighthouse complex
Prince Edward Avenue
Lot 7004, DP 1059066
Local
186
Currarong
Early fibro cottage
5 Beecroft Parade
Lot 41, DP 755903
Local
187
Currarong
Inter-war fibro cottage
14 Fishery Road
Lot 30, DP 16854
Local
188
Currarong
Dolphin Reserve rotunda
2 Piscator Avenue
Lot 222, DP 16854
Local
189
Currowan
Brimbramalla gold mining area
Bimberamala River, Browns Gully, Clyde Ridge and Mines Road
Part of Bimberamala National Park
Local
190
Currowan
“Black Diamond”—gold mine (former)
Currowan Road
Part of State Forest No 820
Local
191
Endrick
“Rixons”—(former coal mine)
Clyde River
Lot 8, DP 755935
Local
192
Falls Creek
Federation period school building
26 Vidler Road
Lots 62 and 63, DP 755965
Local
193
Greenwell Point
Single storey Federation period gabled school house
75 Greenwell Point Road
Lot 1, DP 869305
Local
194
Greenwell Point
Greenwell Point progress hall
83 Greenwell Point Road
Lot 3, Section B, DP 24007
Local
195
Greenwell Point
Colonial weatherboard cottage (former Greenwell Point schoolhouse)
91 Greenwell Point Road
Lot 8, Section A, DP 4071
Local
196
Greenwell Point
“Houshta”—(former Berry Estate worker’s cottage)
93 Greenwell Point Road
Lot 7, Section A, DP 4071
Local
197
Greenwell Point
Greenwell Point Union Church
Jervis Street
Lot 2, DP 869305
Local
199
Huskisson
Tapalla Point geological rock platform
Beach Street and Hawke Street
Lot 7012, DP 1021163; Lot 7044, DP 1117433
Local
201
Huskisson
Lone grave of Robert Johnson
2 Beach Street
Lot 7045, DP 1117438
Local
200
Huskisson
Lady Denman heritage complex including relocated former St Georges Basin school buildings, relocated former Woollamia Union Church and 4 vessels (“Crest”, “Kingfisher”, “Porthole”, “Seabee Runabout”)
11 Dent Street
Lot 2, DP 870242
Local
202
Huskisson
Lady Denman ferry
11 Dent Street
Lot 2, DP 870242
State
203
Huskisson
Inter-war holiday cottage and trees
7 Fegen Street and Kent Lane
Lot 1, DP 1093408 and adjacent road reserves
Local
204
Huskisson
Weatherboard and fibro boat builder’s cottage
13 Field Street
Lot 2, DP 775346
Local
205
Huskisson
Victorian Georgian weatherboard cottage
40 Hawke Street
Lot 2, DP 323393
Local
206
Huskisson
Jervis Bay hotel
75 Owen Street
Lot 2, DP 209436
Local
207
Huskisson
Victorian weatherboard residence
8 Park Street
Lot 8, DP 528319
Local
208
Huskisson
Huskisson Literary Institute (former)
19 Sydney Street
Lot 7, Section 19, DP 758530
Local
209
Hyams Beach
The Green Cabins (inter-war holiday cabins)
53 Cyrus Street
Lot 1, DP 570194
Local
210
Hyams Beach
Inter-war weekend cabin
57 Cyrus Street
Lot 2, DP 285458
Local
211
Hyams Beach
“Pacific House” (former), including sandstone monument and Araucaria heterophylla (Norfolk Island Pine)
58–60 Cyrus Street
Lots 7 and 8, DP 550787
Local
212
Hyams Beach
Inter-war weekend cabin
59 Cyrus Street
Lot 3, DP 285458
Local
213
Hyams Beach
Hyams Beach bushfire station
Rose Street
Part Lot 78 and Lot 79, DP 755907
Local
214
Illaroo
Bundanon Trust Properties—“Bundanon”, “Beeweeree”, “Eearie Park” and “Riversdale”, including outbuildings and natural landscape
533 Bundanon Road
Lots 12–14, 16, 17 and 118, DP 751273; Lot 5, DP 622583; Lot 1, DP 1232368; internal road reserves adjacent to Lot 5, DP 622583 and Lots 12, 14, 16 and 17, DP 751273
Local
215
Jaspers Brush
Colonial style weatherboard farmhouse including outbuildings and trees
245 Croziers Road
Lot 149, DP 3059
Local
216
Jaspers Brush
Former Jaspers Brush school complex and gardens
4 O’Keeffes Lane
Lot 1, DP 872572
Local
217
Jerrawangala
Colonial road—remnants (former Wool Road)
D3164 and D3200 Princes Highway and The Wool Road
Lot 100, DP 787610; Lot 33, DP 651186; Lot 1, DP 100976; Lot 1, DP 745965; Lot 1, DP 197079; Road reserve
Local
218
Kangaroo Valley
“Clinton Park”—dairy farm complex
60 Clinton Park Road
Lot 4, DP 535456
Local
219
Kangaroo Valley
Kangaroo Valley Soldiers Memorial
Moss Vale Road
Lot 1, DP 169083
Local
240
Kangaroo Valley
“Hampden Bridge”—sandstone suspension bridge
Moss Vale Road
Road reserve between Lot 245, DP 821462 and Lot 3, DP 746458
State
241
Kangaroo Valley
Kangaroo Valley General Cemetery
Moss Vale Road
Lot 1, DP 1101764; Lot 1, DP 1120307; Lot 1, DP 1122644; Lots 7308 and 7309, DP 1153234; internal road reserve adjacent to Lot 1, DP 1101764, Lot 1, DP 1122644 and Lots 7308 and 7309, DP 1153234
Local
242
Kangaroo Valley
Federation weatherboard cottage and shop
116 Moss Vale Road
Lot 1, DP 828529 and adjacent road reserve
Local
220
Kangaroo Valley
Federation weatherboard cottage
118 Moss Vale Road
Lot 1, DP 1076386
Local
221
Kangaroo Valley
Federation weatherboard cottage
120 Moss Vale Road
Lot 1, DP 883219
Local
222
Kangaroo Valley
Federation weatherboard cottage
124 Moss Vale Road
Lot 101, DP 840159
Local
223
Kangaroo Valley
“St Joseph’s” Catholic brick church and hermitage
130 Moss Vale Road
Lot 1, DP 724070
Local
224
Kangaroo Valley
Relocated Victorian weatherboard school (former Beaumont School)
138 Moss Vale Road
Lot A, DP 409799
Local
225
Kangaroo Valley
Kangaroo Valley School and former schoolmaster’s residence
138–140 Moss Vale Road
Lot 1, DP 122562; Lot 1, DP 913316; Lot 1, DP 561382; Lot A, DP 409799
Local
226
Kangaroo Valley
Anglican Church of the Good Shepherd including graveyard, trees and fence
143 Moss Vale Road
Lot 1, DP 724064
Local
227
Kangaroo Valley
Kangaroo Valley Post Office
148 Moss Vale Road
Lot 2, DP 926830
Local
228
Kangaroo Valley
Victorian Georgian style bank (former ANZ Bank)
158 Moss Vale Road
Lot 2, DP 559041
Local
229
Kangaroo Valley
“Friendly Inn”—two storey Victorian masonry hotel
159 Moss Vale Road
Lot 4, DP 11616
Local
230
Kangaroo Valley
Victorian weatherboard shop and residence
170 Moss Vale Road
Lot 10, DP 1239286
Local
231
Kangaroo Valley
Federation weatherboard cottage
172A Moss Vale Road
Lot 9, DP 1940
Local
232
Kangaroo Valley
Weatherboard bakery (former)
174–176 Moss Vale Road
Lots 10 and 11, DP 1940
Local
233
Kangaroo Valley
Federation sandstone courthouse including police station and stables
175 Moss Vale Road
Lot 4, DP 589396
Local
234
Kangaroo Valley
“Osborne Park”—Federation weatherboard community hall and Kangaroo Valley showground complex
177–181 Moss Vale Road
Lot 1, DP 1003243; Lots 1 and 2, DP 210368; Lots A and B, DP 376259; Lot D, DP 409219; Part Lot 1, DP 909749
Local
235
Kangaroo Valley
Federation baker’s residence and garage (former)
178 Moss Vale Road
Lot 1, DP 576156
Local
236
Kangaroo Valley
Federation weatherboard cottage
1705 Moss Vale Road
Lot 7, DP 1986
Local
237
Kangaroo Valley
“Ellerslie”—cottage and garden
1747 Moss Vale Road
Lot 1, DP 917487; Lot 1, DP 1101743
Local
238
Kangaroo Valley
“Pioneer Farm”—historic village including slab cottage
2029 Moss Vale Road
Lot 7007, DP 1075462
Local
239
Kangaroo Valley
“Scanzi”—colonial timber farmhouse and outbuildings
770 Mt Scanzi Road
Lot 4, DP 1016737
Local
243
Kangaroo Valley
“Hilltop”—Federation weatherboard residence
20 Quirk Street
Lots 20 and 21, DP 2159
Local
244
Kangaroo Valley
Anglican Church of the Good Shepherd rectory (former)
Moss Vale Road
Lot 9, DP 285133
Local
245
Kioloa
Kioloa sawmill and wharf (former)
Murramarang Road
Lot 24, DP 755941
Local
247
Kioloa
“Kioloa”—Federation weatherboard residence (former post office)
496 Murramarang Road
Lot 1, DP 782318
Local
246
Lake Conjola
Whitaker’s Island View Resort (former)
2 Aney Street
Lot 441, DP 755923
Local
248
Little Forest
“Mimosa Farm”—Victorian Georgian residence and dairy farm complex
40 Little Forest Road
Lot 11, DP 596370
Local
249
Little Forest
“Woodlands”—dairy farm complex
98 Little Forest Road
Lot 42, DP 777515
Local
250
Longreach
“Longreach Farm”—former dairy farm complex
501B Longreach Road
Lot 102, DP 710389
Local
251
Longreach
“Wogamia”—two storey colonial sandstone homestead and outbuildings
154 Wogamia Road
Lot 1, DP 865094
Local
252
Mayfield
Graham Family Grave
Mayfield Road
Lot 7314, DP 1169000
Local
253
Mayfield
“Monaghan’s House”—colonial Georgian brick cottage
Mayfield Road
Lot 2, DP 1092338
Local
254
Meroo Meadow
Meroo Meadow Union Church
8 Boxsells Lane
Lot 4, DP 249776
Local
256
Meroo Meadow
Federation Georgian style farmhouse
55 Fletchers Lane
Lot 8, DP 1007274
Local
255
Meroo Meadow
“Pomona”—Federation period farmhouse and dairy farm complex
C360 Princes Highway
Lot 306, DP 1213231
Local
257
Meroo Meadow
Former Meroo Meadow School and schoolmaster’s residence
C385 Princes Highway
Lot 1, DP 716569
Local
258
Milton
Remnant rainforest
Church Street
Lot 2, DP 861814; Lot 1, DP 737627
Local
262
Milton
Victorian weatherboard residence and garden
45 Church Street
Lot 1, DP 531839
Local
259
Milton
Victorian Georgian worker’s cottage
47 Church Street
Lot 1, DP 957744
Local
260
Milton
Federation weatherboard residence
64 Church Street
Lot A, DP 164647
Local
261
Milton
Federation gothic brick Catholic Church including presbytery, grounds and Araucaria cunninghamii (Hoop Pine)
Corks Lane
Lot 1, DP 230083 and adjacent road reserve
Local
263
Milton
Milton Church of England Cemetery
12 Croobyar Road
Lot 100, DP 1033797
Local
264
Milton
Victorian Gothic Revival rubblestone church (former Congregational Church) including Victorian Georgian brick manse (former congregational manse)
38 Croobyar Road
Lot 2, DP 1229313
Local
265
Milton
Victorian Gothic style church and graveyard (former Methodist Church)
71 Croobyar Road
Lot 1, DP 730746
Local
266
Milton
“Claydon Park”—dairy farm complex
75 Croobyar Road
Lot 2, DP 1097329
Local
267
Milton
“Eyrie Bowrie”—two storey Victorian Regency residence
17 Eyrie Bowrie Drive
Lot 3, DP 1124431
Local
285
Milton
“Wynella”—Victorian weatherboard residence
6 Gordon Street
Lot A4, DP 192832
Local
269
Milton
“Chatburn”—Federation weatherboard residence
17 Myrtle Street
Lot A, DP 384864
Local
270
Milton
Ficus obliqua (Small Leaved Figtree)
51 Princes Highway and Valley View Close
Part of Lot 3, DP 548705; Part of Lot 1, DP 558698; Part of Lot 24, DP 261841
Local
298
Milton
Granite obelisk—War memorial
Princes Highway
Lot 1, DP 150104
Local
300
Milton
“Narrawilly”—dairy farm complex including garden, rainforest and convict road
E120A and E120C Princes Highway
Lots 1 and 2, DP 1018899; Lot 198, DP 1091216
Local
301
Milton
“Times Past”—(former Federation weatherboard farmhouse)
51 Princes Highway
Lot 1, DP 558698
Local
271
Milton
Rendered masonry commercial store including residence
61 Princes Highway
Lots 1–3 and CP, SP 66659; Lots 5–8, SP 76002
Local
299
Milton
Federation rendered masonry courthouse and police station
64 Princes Highway
Lot 1, DP 199555
Local
272
Milton
Two storey rendered masonry post office
66 Princes Highway
Lot 1, DP 557669
Local
273
Milton
Victorian Georgian style residence and bakehouse
67 Princes Highway
Lot 4, DP 631087
Local
274
Milton
Inter-war rendered masonry and fibro hall
69 Princes Highway
Lot 1, DP 736273; Lot 1 DP 325570; Lot 5 DP 631087
Local
275
Milton
Victorian classical style rendered masonry Town Hall
71 Princes Highway
Lot 2, DP 151179
Local
276
Milton
“The Star Hotel”—two storey rendered masonry building
82 Princes Highway
Lot 1, DP 872508 and adjacent road reserve
Local
277
Milton
Two storey Victorian bakery and residence
92 Princes Highway
Lot 11, DP 594775 and adjacent road reserve
Local
278
Milton
“The Settlement” including row of Victorian masonry shops, “Frederick Halls”—weatherboard shop and residence, “H C Blackburn and Sons”—two storey commercial building and tree
93–97 Princes Highway
Lots 1 and 2, DP 980292; Lot 1, DP 741976
Local
279
Milton
Victorian weatherboard residence and shop
94 Princes Highway
Lot 16, DP 1064376 and adjacent road reserve
Local
280
Milton
Federation weatherboard residence and well, “Garrad House”—Federation period farmhouse
106 Princes Highway
Lot 1, DP 1127802
Local
281
Milton
Victorian Italianate style bank building (former CBC Bank)
107 Princes Highway
Lot 1, DP 1067384
Local
282
Milton
Milton Anglican Church group including St Peter and St Paul Victorian Gothic Revival style Anglican Church, inter-war carpenter Gothic style Anglican hall and Ulmus parvifolia (Chinese Elm)
109 Princes Highway
Lot 11, DP 1225771
Local
283
Milton
Relocated Victorian rendered masonry lighthouse keeper’s cottage
122 Princes Highway
Lot 1, DP 85425
Local
284
Milton
Late Victorian brick residence
133 Princes Highway
Lot 1, DP 1171562
Local
297
Milton
Victorian Georgian residence and former dispensary
133 Princes Highway
Lot 1, DP 1171562
Local
286
Milton
Federation weatherboard residence and garden
137 Princes Highway
Lot 5, DP 78484
Local
287
Milton
Inter-war Federation style cottage
138 Princes Highway
Lot 4, DP 32536
Local
288
Milton
Victorian weatherboard hall (former Salvation Army hall)
141 Princes Highway
Lot 7, Section B, DP 975074
Local
289
Milton
Federation weatherboard residence
145 Princes Highway
Lot 9, Section B, DP 975074
Local
290
Milton
Inter-war Californian bungalow
147 Princes Highway
Lot 10, Section B, DP 975074
Local
291
Milton
Inter-war Federation style timber residence and grounds
148 Princes Highway
Lot 10, DP 32536
Local
292
Milton
“Melrose”—(former dairy farm complex)
150 Princes Highway and 73, 83, 83B and 83C Garrads Lane
Lot 32, DP 707677; Lots 22 and 23, DP 1176509; Lot 5, DP 260771; Lot 8, DP 848894
Local
293
Milton
“Hillside”—Victorian Georgian residence and garden
156 Princes Highway
Lot 1, DP 737774
Local
294
Milton
“Candlemakers Cottage”—colonial rendered brick cottage
176 Princes Highway
Lot 2, DP 543122
Local
295
Milton
Two storey Victorian rendered masonry store
197 Princes Highway
Lot 1, DP 37905
Local
296
Milton
Avenue of Ficus macrocarpa
35 Stony Hill Lane
Lot 104, DP 1043266
Local
302
Milton
Victorian rendered masonry school and schoolmaster’s cottage
Thomas Street
Lot 1, DP 861814
Local
304
Milton
Two storey Victorian former manse and graveyard
1 Thomas Street and Princes Highway
Lot 55, DP 703805; Lot 1, DP 1127308
Local
303
Milton
“Donovans Cottage”—Victorian weatherboard cottage and detached kitchen
42 Wason Street
Lot 1, DP 875432
Local
305
Milton
“King House”—two storey Victorian Georgian style residence
48 Wason Street
Lot A, DP 155412
Local
306
Milton
Inter-war Californian style bungalow
60 Wason Street
Lot 1, DP 907077
Local
307
Milton
Victorian weatherboard corner store
61 Wason Street
Lot 1, DP 1113658 and adjacent road reserve
Local
308
Milton
Colonial timber slab cottage
66 Wason Street
Lot 2, DP 331628
Local
309
Milton
“Priaulx Villa”—late Victorian weatherboard residence
69 Wason Street
Lot 81, DP 577186
Local
310
Milton
Victorian weatherboard worker’s cottage
70 Wason Street
Lot 3, Section A, DP 192188
Local
311
Milton
Late Victorian weatherboard residence
73 Wason Street
Lot 14, DP 1142968
Local
312
Milton
“Mudges Corner”—Federation weatherboard residence including outbuildings, garden and fence
79 Wason Street
Lot 1, Section B, DP 192188
Local
268
Milton
“Pine View”—Federation farmhouse complex and trees
65 Wilfords Lane
Lot 3, DP 785757
Local
313
Milton
“Applegarth”—dairy farm complex including garden and cheese press
140 Wilfords Lane
Lot 15, DP 605477
Local
314
Milton
“Tilba Tilba”—Victorian Georgian style schoolhouse (former Burrill Lake School)
270 Wilfords Lane
Lot 1, DP 726013
Local
315
Milton
“Riverview”—Victorian Georgian style farm complex
299 Wilfords Lane
Lot 2, DP 702500
Local
316
Milton
“Loch Leven”—dairy farm complex including outbuildings, trees and cisterns
300 Wilfords Lane
Lot 2, DP 975557
Local
317
Milton
Milton Congregational Cemetery
Woodstock Road
Lot 1, DP 781178
Local
318
Mollymook
Sandridge General Cemetery
45 Ocean Street
Lots 7313 and 7314, DP 1167265
Local
319
Mollymook Beach
Silica wharf and tramway (remnants)
Mitchell Parade
Part of Crown Reserve for Public Recreation from Bannister Point headland to north eastern corner of Lot 838, DP 233504
Local
320
Mondayong
Rubble sandstone memorial (wreck of the Walter Hood)
Bendalong Road
Lot 35, DP 755927
Local
321
Morton
“Greenhills”—Weatherboard and vertical slab timber farm complex
210 Woodburn Road
Lot 5, DP 755972
Local
322
Myola
Weatherboard holiday cottage and outbuildings
13 Catherine Street
Lot 26, DP 19900
Local
323
Narrawallee
Silica wharf and tramway
Matron Porter Drive
Lot D, DP 221281; Part of Lot 7009, DP 1116370
Local
324
Nowra
Mechanics Institute and School of Arts
Berry Street
Lot 20, DP 801794
Local
330
Nowra
Pressed metal clad industrial building (former Barnes Garage)
1 Berry Street
Lot 111, DP 997750
Local
325
Nowra
“The Peoples Emporium”—two storey Victorian shop and residence
26 Berry Street
Part Lot 1, DP 81072
Local
326
Nowra
“Roxy Theatre”—Inter-war Art Deco style cinema and footpath
41 Berry Street
Lot 51, DP 625969 and adjacent road reserve
Local
327
Nowra
Former Victorian weatherboard residence
76 Berry Street
Lot 1, DP 972573
Local
328
Nowra
“Hampden Villa”—Victorian weatherboard residence including stables and garden
110 Berry Street
Lot 12, DP 1064853
Local
329
Nowra
Captain Cook Bicentennial Memorial
Bridge Road
Lot 5, DP 262460; Lot 7038, DP 1107416
Local
338
Nowra
“Kilsyth”—Federation weatherboard residence
33 Bridge Road
Lot 1, DP 152217
Local
331
Nowra
“Uuna”—late Victorian weatherboard cottage and garden
35 Bridge Road
Lot A, DP 161648
Local
332
Nowra
Victorian brick residence
45 Bridge Road
Lot 10, DP 601874
Local
333
Nowra
Late Victorian weatherboard cottage
49 Bridge Road
Lot 8, DP 549249
Local
334
Nowra
Inter-war weatherboard Californian bungalow
63 Bridge Road
Lot 2, DP 203275
Local
335
Nowra
“Rodway’s Cottage”—inter-war Federation style residence and garden
86 Bridge Road
Lot 1, DP 737840
Local
336
Nowra
“The Bridge” Hotel—two storey Victorian masonry hotel
87 Bridge Road
Lot 2, DP 843396 and adjacent road reserve
Local
337
Nowra
Sandstone landscape monument (Batt’s Folly)
Intersection of Bridge Road and North Street
Road reserve between Lot 2, DP 843396 and Lot 1, DP 737840
Local
339
Nowra
“The Pines”—late Victorian weatherboard residence and trees
76 East Street
Lot 1, DP 115881 and adjacent road reserve
Local
340
Nowra
“Cudgerie” Federation weatherboard residence
108 East Street
Lot 11, DP 2607
Local
341
Nowra
“Moss”—Victorian Georgian style cottage (former Moss Central Hotel)
1 Ferry Lane
Lot 135, DP 1094714 and adjacent road reserve
Local
342
Nowra
Victorian Georgian style timber slab cottage
19 Ferry Lane
Lot 1, DP 193881
Local
343
Nowra
“Myrumbene”—Victorian Italianate residence and garden
22 Jervis Street and 136A Osborne Street
Lots 11 and 12, DP 2624
Local
344
Nowra
“Trelawney”—Victorian Georgian weatherboard residence
69 Jervis Street
Lot 1, DP 998589
Local
345
Nowra
“Roseville”—Federation weatherboard residence and fig tree
49–51 Journal Street and Station Street
Lots 1 and 2, DP 2607 and adjacent road reserve
Local
346
Nowra
Heritage streetscape
Junction Street
Road reserve
Local
360
Nowra
Federation weatherboard residence and trees
1 Junction Street
Lot 1, DP 21682
Local
347
Nowra
Federation weatherboard residence
2 Junction Street
Lot W, DP 405938
Local
348
Nowra
Araucaria cunninghamii (Hoop Pine)
12 and 14 Junction Street
Part of Lots 3 and 4, DP 237126 and adjacent road reserve
Local
349
Nowra
Araucaria cunninghamii (Hoop Pine)
14 Junction Street
Part of Lot 3, DP 237126 and adjacent road reserve
Local
350
Nowra
Two storey Federation timber convent (former Sisters of the Good Samaritan Convent) including fence and grounds
22 Junction Street
Lot 91, DP 1182460
Local
351
Nowra
“The White House”—two storey timber inter-war guesthouse
30 Junction Street
Lot 13, DP 654893
Local
352
Nowra
“Hillcrest”—two storey timber Federation residence
53 Junction Street
Lot 1, DP 580440
Local
353
Nowra
Former Nowra fire station
55 Junction Street
Lot 1, DP 81794
Local
354
Nowra
Mafeking Boer War Memorial
60–62 Junction Street
Lots 2 and 3, DP 363266 and adjacent road reserve
Local
355
Nowra
Nowra Post Office (former)
72 Junction Street
Lot 1, DP 884212
Local
356
Nowra
Two storey Victorian commercial building
76 Junction Street
Lot 1, DP 512886 and adjacent road reserve
Local
357
Nowra
Inter-war Art Deco commercial building
80 Junction Street
Lot 1, DP 321055 and adjacent road reserve
Local
358
Nowra
“P. Walsh & Sons”—two storey Victorian commercial building
90 Junction Street
Lot 1, DP 732396 and adjacent road reserve
Local
359
Nowra
Nowra General Cemetery
Kalandar Street
Lot 1, DP 724120; Lot 1, DP 1221276; Lots 7305 and 7306, DP 1151018; Lot 7321, DP 1155510
Local
361
Nowra
Federation police residence and lockup (former)
Kinghorne Street
Lot 1, DP 1123776
Local
367
Nowra
Nowra courthouse
88 Plunkett Street
Lot 701, DP 1024854
Local
368
Nowra
“The Manse”—Two storey Victorian Gothic style manse
3 and 5 Kinghorne Street
Lot 11, DP 130904; Lot 2, DP 567875
Local
362
Nowra
St Andrew’s Presbyterian Church and Federation Gothic style rendered brick hall (former church)
5 Kinghorne Street
Lot 2, DP 567875
Local
363
Nowra
“Roslyn Court”—inter-war Art Deco style rendered shops and offices
21 Kinghorne Street
Lot 1, DP 225562
Local
364
Nowra
Victorian commercial bank stables (former)
56 Kinghorne Street
Lot 1, DP 817564 and adjacent road reserve
Local
365
Nowra
Victorian weatherboard residence
192 Kinghorne Street
Lot B, DP 157265
Local
366
Nowra
Graham Family Cemetery
Lyrebird Drive
Lot 3, DP 328915
Local
369
Nowra
Two storey Victorian masonry terrace house
1 Moss Street
Lot 38, Section 1, DP 1607
Local
370
Nowra
Inter-war weatherboard cottage and trees
2 Moss Street
Lot B, DP 335109
Local
371
Nowra
Victorian weatherboard store (former iron store)
3 Moss Street
Lot 37, Section 1, DP 1607
Local
372
Nowra
“Hazelmere”—Victorian Georgian masonry residence
7–9 Moss Street
Lot C, DP 410954; Lots 34 and 35, Section 1, DP 1607
Local
373
Nowra
Federation weatherboard residence
11–15 Moss Street
Lot 1, DP 130965; Lots 31 and 32, Section 1, DP 1607
Local
374
Nowra
Late Victorian weatherboard residence
21 Moss Street
Lot 1, DP 862764
Local
375
Nowra
Late Victorian weatherboard residence
29 Moss Street
Lot 24, Section 1, DP 1607
Local
376
Nowra
Late Victorian weatherboard cottage
31 Moss Street
Lot 23, DP 963328
Local
377
Nowra
St Michael’s Roman Catholic Church including two storey Victorian presbytery, cemetery and grounds
20 North Street
Lot 1, DP 1088531
Local
378
Nowra
Two storey Victorian shop and residence (former Armstrong’s Saddlery)
83 North Street
Lot B, DP 386390
Local
379
Nowra
Uniting Church (former Methodist Church)
54 Osborne Street
Lot 1, DP 714910
Local
381
Nowra
Wesley Centre (former Wesleyan Parsonage)
54 Osborne Street
Lot 1, DP 714910
Local
382
Nowra
Victorian Georgian rendered masonry residence
91 Osborne Street
Lot 1001, DP 1220696
Local
383
Nowra
Mid-Victorian timber residence including detached kitchen, well and Red Cedar tree
93 and 95 Osborne Street
Lot 8, Section 17, DP 758794; Part of Lot 3, DP 601332
Local
384
Nowra
Two storey mid-Victorian weatherboard residence
95 Osborne Street
Lot 3, DP 601332
Local
385
Nowra
Victorian Georgian rendered masonry residence
97 Osborne Street
Lot 4, DP 601332
Local
386
Nowra
Late Victorian weatherboard residence
105 Osborne Street
Lot 1, DP 986393
Local
387
Nowra
Victorian Georgian style timber residence
109 Osborne Street
Lot 11, DP 545053
Local
388
Nowra
Graham Lodge (former Greenhills Estate Homestead) and grounds
10 Pleasant Way
Lot 1, DP 1010062
State
389
Nowra
Victorian brick Anglican rectory
66 Plunkett Street
Lot 1, DP 1047926
Local
390
Nowra
All Saints Anglican Church including memorial lychgate, trees and Victorian Gothic style hall (former St John’s Church)
70 Plunkett Street
Lot 23, DP 1190551
Local
391
Nowra
Victorian rendered brick school and grounds
74 Plunkett Street
Lot 2, DP 863880
Local
392
Nowra
Victorian weatherboard residence
75 Plunkett Street
Lot 3, DP 213471
Local
393
Nowra
Victorian Georgian weatherboard residence
77 Plunkett Street
Lot 4, DP 213471
Local
394
Nowra
Victorian rendered brick residence (former schoolmaster’s residence)
82 Plunkett Street
Lot 1, DP 863880
Local
395
Nowra
Police sergeant’s residence and grounds (former Nowra courthouse)
84 Plunkett Street
Lot 429, DP 823259
Local
396
Nowra
“Karinga”—inter-war weatherboard residence
85 Plunkett Street
Lot 2, DP 10492
Local
397
Nowra
Brick Californian bungalow (former policeman’s quarters)
87 Plunkett Street
Lot 3, DP 10492
Local
398
Nowra
Federation weatherboard residence
89 Plunkett Street
Lot A, DP 401567
Local
399
Nowra
“Wernick Cottage”—Georgian style weatherboard cottage
102 Plunkett Street
Lot 3, DP 329271
Local
400
Nowra
“Myambah”—Federation weatherboard bungalow and garden
134 Plunkett Street
Lot 1, DP 124486
Local
401
Nowra
“Shoalhaven River Bridge”—Victorian wrought iron bridge
Princes Highway
Road reserve adjacent to Part Lot A, DP 386575
Local
402
Nowra
“Nowra Park”—early Victorian masonry residence and garden
124 Wallace Street
Lot 4, DP 542656
Local
403
Nowra
Nowra showground and sportsground complex including Federation brick pavilion, Victorian masonry gate, toilet, former Victorian Masonry Entrance Gate, Hanging Rock Lookout, Inter-war Castellated Sandstone Memorial Gateway and Sculpture, “Monaghan’s”—Victorian Memorial Cast Iron Fountain
West Street, Plunkett Street and Worrigee Street
Lot 374, DP 755952; Lot 702, DP 1024852; Lot 7302, DP 1134093; Lot 7323, DP 1164817; Part Lot 4, DP 1136269; Part Lot 1, Section 15, DP 758794
Local
405
Nowra
Ben’s Walk including Suspension Bridge and Aboriginal Art Sites
Depot Road, Jervis Street, Plunkett Street, Scenic Drive, Worrigee Street and Yalwal Road
Reserve No R70802; Reserve No R6754; Lot 7036, DP 1068935; Lot 7326, DP 1166983; Lot 7005, DP 1023875; Lot 7301, DP 1134093; Lot 704, DP 1024834; Part Lots 94 and 95, DP 755952; Part Lots 1 and 2, Section 31A, DP 758794; Lot 703, DP 1024833; Part Lot 1, Section 15, DP 758794; Part Lot 4, DP 1136269; Lot 3, DP 585626; Lot 701, DP 1024852; Lot 7322, DP 1164817; Lot 7019, DP 1016688; Lot 392 and Part Lot 391, DP 755952; Part of Lot 7324, DP 1166433; Lot 5, DP 255374; Crown roads
Local
406
Nowra
“Meroogal”—Victorian Timber Residence including Outbuildings and Garden
35 West Street and Worrigee Street
Lot F, DP 412255 and adjacent road reserve
State
404
Nowra
Nowra Wharf, former Illawarra Steam Navigation Co store and wharf and former Nowra Sailing Club
6 Wharf Road
Part of Part Lot 7012, DP 1002643 and adjacent waterway
Local
407
Nowra
Inter-war Californian Bungalow
31 Worrigee Street
Lot 1, DP 62072
Local
408
Nowra
Inter-war Federation Style Residence
42 Worrigee Street
Lot 1, DP 912561
Local
409
Nowra
Inter-war Weatherboard Bungalow
47 Worrigee Street
Lot 2, DP 152694
Local
410
Nowra
Federation Weatherboard Residence
49 Worrigee Street
Lot 100, DP 1102700
Local
411
Nowra
Victorian Weatherboard Residence
54 Worrigee Street
Lot 14, DP 976539
Local
412
Nowra
Victorian Weatherboard Residence
56 Worrigee Street
Lot 13, DP 976539
Local
413
Nowra
Victorian Georgian Weatherboard Residence
57 Worrigee Street
Lot 1, DP 780982
Local
414
Nowra
Victorian Weatherboard Residence
58 Worrigee Street
Lot 12, DP 976539
Local
415
Nowra
Victorian Weatherboard Residence
59 Worrigee Street
Lot 1, DP 710860
Local
416
Nowra
Victorian Weatherboard Residence
63 Worrigee Street
Lot 2, DP 736763
Local
417
Nowra Hill
HMAS Albatross—military defence complex and aviation museum
489A Albatross Road
Lot 102, DP 842713; Lot 2, DP 1002996
Local
418
Nowra Hill
Former BTU Torpedo Workshop—WWII structures including maintenance workshop, 4 torpedo bunkers, warhead bunker and compressor house, and the layout of the structures on the site
50 BTU Road
Lot 3, DP 1154597
Local
552
Numbaa
Berry Estate Canal and Ferry
Comerong Island Road
Part of Berry’s canal adjacent to Lot 1, DP 1077521
Local
427
Numbaa
Ficus macrophylla (Fig tree)
655 Comerong Island Road and the junction of Wharf Road and Comerong Island Road
Part of Lot G, DP 979245 and adjacent road reserve
Local
429
Numbaa
Numbaa Cemetery (former)
Comerong Island Road
Lot 10, DP 2812
Local
422
Numbaa
Numbaa Council Chambers (former) and Well
Comerong Island Road
Lot K, DP 979245
Local
428
Numbaa
Lower Numbaa Barn (Berry Estate Slab Barn)
581 Comerong Island Road
Lot 9, DP 2812
Local
426
Numbaa
Former Prefabricated Cast Iron Presbyterian Church
591 Comerong Island Road
Lot 591, DP 1137949
Local
419
Numbaa
Numbaa Catholic Presbytery (former)
601 Comerong Island Road
Lot 1, DP 933179
Local
420
Numbaa
“Chinaman’s Cottage”—Victorian Weatherboard Cottage (former Berry Estate Cottage)
655 Comerong Island Road
Lot G, DP 979245; Part of Lot 7311, DP 1166348
Local
421
Numbaa
Numbaa Schoolmaster’s Residence (former)
766 Comerong Island Road
Lot 1, DP 550305
Local
423
Numbaa
Numbaa School (former)
770 Comerong Island Road
Lot 2, DP 550305
Local
424
Numbaa
“Prairievale”—(former Berry Estate Manager’s Residence)
835 Comerong Island Road
Lot 14, DP 4332
Local
425
Numbaa
War Memorial Tree (Lophostemon confertus)
Corner of Jindy Andy Lane and Comerong Island Road
Road reserve
Local
433
Numbaa
Berry Estate Vertical Slab Barn, including the accessway and fig tree
130 Jindy Andy Lane
Lots 26 and 27, DP 2813
Local
432
Numbaa
“Edinglassie Lodge”—Federation Weatherboard Farmhouse
175 Jindy Andy Lane
Lot 1, DP 208292
Local
430
Numbaa
Concrete Tub Silo
Jindy Andy Lane
Lot 2, DP 556830
Local
431
Numbaa
Salt Pans
169 Smiths Lane and Comerong Island Road
Lots 24 and 25, DP 2813
Local
435
Numbaa
Colonial Farm Complex including Berry Estate Cottage, Outbuildings and Fig trees
68 Smiths Lane
Lot 26A, DP 2813
Local
434
Orient Point
Vertical Timber-lined Drydock
Orsova Parade
Part Lot 111, DP 755971
Local
436
Orient Point
“Roseby Park”—Jerrinja Aboriginal Community Complex and Tribal Burial Ground
Orsova Parade and Seagull Street
Part Lot 51, DP 755971; Lot 98, DP 720072
Local
437
Parma
Parma Farm
259, 269 and 383E Parma Road
Lots 1 and 2, DP 1174947; Lot 3, DP 1160993
Local
438
Pebbly Beach
Pebbly Beach Sawmill Complex, including Sawmill remnants, Town and school site
Pebbly Beach Road
Lots 39, 47, 102–104, 108, 114 and 115, DP 755941; Part of Murramarang National Park
Local
439
Pyree
“Caffery’s”—Roadside Tree Planting (Lophostemon confertus)
At the junction of Jindy Andy Lane, Bournes Lane and Mayfield Road with Greenwell Point Road
Road reserve
Local
440
Pyree
“The Avenue”—Casuarina Trees
1170 and 1190 Greenwell Point Road
Road reserve between Lot 2, DP 1013568 and Lot 89, DP 2813
Local
447
Pyree
“Mervalperden”—Dairy Farm Complex (former)
664 Greenwell Point Road
Lot 61, DP 2813
Local
441
Pyree
Upper Numbaa Barn (former Berry Estate Grain Mill)
719 Greenwell Point Road
Lot 101, DP 629485
Local
442
Pyree
“Jindy Andy” (former Berry Estate Dairy)
739 Greenwell Point Road
Lot 105, DP 773888
Local
443
Pyree
Pyree Literary Institute
880 Greenwell Point Road
Lot 126, DP 2813; Part of Lot 125, DP 1151236; Part of Lot 17, DP 42807
Local
444
Pyree
Victorian Georgian Schoolhouse (former Pyree Public School) and Coral trees
888 and 890 Greenwell Point Road
Lot 126 and Part of Lot 128, DP 821471 and internal road
Local
446
Pyree
Pyree Public Schoolmaster’s Residence (former)
890 Greenwell Point Road
Lot 128, DP 821471
Local
445
Pyree
“George Borrowdale’s house”—(former Berry Estate cottage)
Pyree Lane
Lot 6, DP 1185885; Lot 8, DP 111636
Local
450
Pyree
War Memorial Tree triangle (Lophostermon confertus)
Pyree Lane
Road reserve at the junction of Pyree Lane and Greenwell Point Road
Local
449
Pyree
“Somerset House”—Federation weatherboard farmhouse and trees
117 Pyree Lane
Lot A, DP 377595
Local
448
Pyree
“Thistlebank”—Dairy Farm Complex
85 Ryans Lane
Lot 8, DP 876329
Local
451
Shoalhaven Heads
Relocated Weatherboard Church (former Berry Estate Library)
126 Scott Street
Lot 1, DP 704667
Local
452
St Georges Basin
Former Boarding House and St Georges Basin Post Office
23 Deane Street
Lot 1, DP 1049843
Local
453
St Georges Basin
World War II Flying Boat Base
2 Island Point Road
Lot 118, DP 17823; Part of adjoining reserve
Local
454
St Georges Basin
“Jessie Blacket”—Sandstone Memorial Drinking Trough
41 Tasman Road
Lot 110, DP 25769
Local
455
St Georges Basin
Federation Fisherman’s Cottage and garden
146 The Wool Road
Lot A, DP 375526
Local
456
Sussex Inlet
“Greentree’s”—Holiday Cabins
158 Jacobs Drive
Lot 2, DP 574349
Local
457
Sussex Inlet
Post-war fibre cement Community Hall/Sussex Inlet Picture Theatre
173 Jacobs Drive
Lot A, DP 343373
Local
458
Sussex Inlet
Gothic Carpenter style relocated Church (former Termeil Wesleyan Church)
175 Jacobs Drive
Lot B, DP 343373
Local
459
Sussex Inlet
Former Kemp’s Boatshed site
River Road
Lot 7028, DP 1052695
Local
460
Swanhaven
“The Springs”—Holiday Cabins
1A Yarroma Avenue
Lot 2, DP 554118
Local
461
Tapitallee
Good Dog Cemetery
Bangalee Road
Lot 7312, DP 1153579 and adjacent road reserve
Local
462
Terara
“The Old House”—Victorian Georgian Weatherboard Residence and Well
3, 5 and 7 Fox Street and 7 Forsyth Street
Lots 1–5, DP 1035937
Local
463
Terara
“Terara Lodge” (former Wesleyan Parsonage)
6 Holme Street
Lot 28, DP 779285
Local
464
Terara
Victorian Sandstone School and attached Residence including Terara School grounds and Trees
20 Millbank Road
Lot 1, DP 725988
Local
465
Terara
“Dower House” (former Coachman’s House to Millbank)
27A Millbank Road
Lot 103, DP 1213873
Local
466
Terara
“Millbank Cottage”—Colonial Georgian homestead, including outbuildings and trees
31 Millbank Road
Lot 104, DP 1213873
Local
467
Terara
“Rosebank”—Victorian Georgian style cottage
62 Millbank Road
Lot 6, DP 770600
Local
468
Terara
“Terara House” including Federation Filigree Mansion, Chapel, Grounds and Tree-lined drive
77 Millbank Road
Lot 1, DP 579451
Local
469
Terara
“Rose Cottage” (former Pooley’s Store)
157 South Street
Lot 1, DP 735264
Local
470
Terara
“Ayrton House” (former CBC Bank)
175 South Street
Lot 11, DP 52910
Local
471
Terara
Timber Vertical Slab Worker’s Cottage
119 Terara Road
Lot 102, DP 817248
Local
472
Terara
“Woodlawn”—Victorian Weatherboard Cottage and trees
124 Terara Road
Lot 3, DP 602305
Local
473
Terara
“Citrus Grove”—Victorian Residence and trees
126 Terara Road
Lot 2, DP 79001
Local
474
Terara
“Solway House”—late Victorian brick residence and store
10 West Berry Street
Lot 10, DP 1080453
Local
475
Tianjara
Alley Family graves
Braidwood Road
Lot 3, DP 755962
Local
476
Tolwong
Tolwong Copper Mine (remnants)
Touga Road
Part of Morton National Park
Local
477
Tomerong
Tomerong Cemetery
331 Hawken Road
Lot 1, DP 812581
Local
478
Tomerong
Victorian Schoolmaster’s Residence and grounds
355 Hawken Road
Lot 2, DP 725948
Local
479
Tomerong
Interwar Community Hall (former School of Arts)
356 Hawken Road
Lot 100, DP 1148693
Local
480
Tomerong
Tomerong Carpenter style Union Church and Hall
363 Hawken Road
Lot 47, DP 925270
Local
481
Touga
Tim’s Gully Mine
Touga Road
Part of Morton National Park
Local
482
Ulladulla
Warden Head Lighthouse
Deering Street
Lot 290, DP 755967
Local
483
Ulladulla
Victorian Georgian style Sandstone School and Schoolmaster’s Residence
241 Green Street
Lot 1, DP 122514; Lot 3, DP 851748
Local
484
Ulladulla
Relocated Victorian Georgian Timber Slab Worker’s Cottage
275 Green Street
Lot 702, DP 1056245
Local
485
Ulladulla
“Springfield”—ornate late Victorian weatherboard farmhouse
41 Kanuka Drive
Lot 146, DP 1122896
Local
487
Ulladulla
“Mascot”—Slab Timber Cottage
56 North Street
Lot 1, DP 337491
Local
486
Ulladulla
Ulladulla Cemetery (former)
Princes Highway
Lot 7012, DP 1031353
Local
490
Ulladulla
“Millards Cottage”—two storey Victorian rendered Masonry Building
81 Princes Highway
Lot 12, DP 565744 and adjacent road reserve
Local
488
Ulladulla
“The Marlin”—early Post-war American Colonial Hotel
108–112 Princes Highway and 6, 10 and 14 Wason Street
Lots A and B, DP 155990; Lots 11 and 12, Section 2, DP 759018; Lot 1, DP 743246; Lot 1 DP 152843
Local
489
Ulladulla
Warden Head Geological Site
Rennies Beach Close
Lot 59, DP 237534
Local
491
Ulladulla
Sandstone Weir—Millards Creek
St Vincent Street
Lot 702, DP 1030099
Local
492
Ulladulla
Ulladulla Harbour including Old pier and stone pier, Steps and Walls
Wason Street
Part of Part Lot 1, DP 612935; Part of Lot 7314, DP 1166835; Part of Lot 235, DP 755967; Part of Lot 174, DP 755967 and part of road reserve adjacent to Part of Part Lot 1, DP 612935, Part of Lot 7314, DP 1166835 and Part of Lot 174, DP 755967
Local
494
Ulladulla
Ulladulla Seawater Pool
50 Wason Street
Lot 376, DP 726691; Lot 7035, DP 1047327; Lot 1, Section 1, DP 759018
Local
495
Ulladulla
Victorian Brick Residence (former Ulladulla Post Office)
23 Wason Street
Lot 50, DP 828221
Local
493
Upper Kangaroo River
“Fern Hill”—(former Church of England Church)
890 Upper Kangaroo River Road
Lot 100, DP 842428
Local
498
Upper Kangaroo River
Relocated Weatherboard Schoolhouse (former Hillcrest School)
Upper Kangaroo River Road
Lot 1, DP 172019
Local
499
Upper Kangaroo River
“Yarrawooma”—Victorian Georgian dairy farm complex, including Red Cedar Slab Selector’s Cottage, farm buildings and family grave
679 Upper Kangaroo River Road
Lot 4, DP 1000686
Local
496
Upper Kangaroo River
Upper Kangaroo River Community Hall
1009 Upper Kangaroo River Road
Lot 1, DP 224929
Local
497
Vincentia
Greenfields Beach Cottage Site and Pine Trees
Birriga Avenue
Lot 44, DP 755907
Local
500
Vincentia
South Huskisson Wharf Sandstone Remnants
Corner of Vincent Street and Holden Street
Lot 7021, DP 1117368 and adjacent road reserve
Local
501
Vincentia
Plantation Point Rock Platform
Plantation Point Parade
Lot 7023, DP 1117371
Local
502
Wandandian
Wandandian Post Office (former) and Residence
D2625 Princes Highway
Lot 26, DP 1092958
Local
503
Wandandian
“Dalton Park”—Farmhouse and Wandandian Cricket Ground (former)
10 Windley Road
Lot 40, DP 862334
Local
504
Watersleigh
Condie Farm including former Condies cottage, trees and graves
Koloona Drive
Lot 117, DP 751273
Local
505
Wattamolla
Brogers Creek Cemetery
515 Wattamolla Road
Lot 121, DP 1049038
Local
506
Wattamolla
“Pinkawilinie”—(former Wattamolla school house)
539 Wattamolla Road
Lot 190, DP 751264
Local
507
Wattamolla
Victorian weatherboard farmhouse and trees
545 Wattamolla Road
Lot 4, DP 258693
Local
508
West Nowra
Inter-war reinforced concrete building and storage dam (former Nowra water supply and filtration plant)
Filter Road and Yalwal Road
Lots 6 and 12, DP 805611; Part of Lot 7324, DP 1166433; Flatrock Dam
Local
509
Woodhill
Corrugated iron building (former Wesleyan Church)
1 Brogers Creek Road
Lot 100, DP 1006659
Local
510
Woodhill
Woodhill Cemetery
Wattamolla Road
Lot 3, DP 1030426
Local
511
Woodstock
“Woodlands”—weatherboard and iron farmhouse
24 Evans Lane
Lot 22, DP 623582
Local
512
Woodstock
“Avenal”—dairy farm complex
108 Evans Lane
Lot 24, DP 863026
Local
513
Woodstock
“Danesbank”—two storey Victorian stone farmhouse and garden
121 Evans Lane
Lot 9, DP 792205
Local
514
Woodstock
“Woodlawn”—Federation weatherboard farmhouse
133 Woodstock Road
Lot 16, DP 827800
Local
518
Woodstock
“Mount Airlie”—two storey Victorian Italianate estate residence and trees
34A Woodstock Road
Lot 3, DP 856688
Local
515
Woodstock
Inter-war reinforced concrete butter factory
170 Woodstock Road
Lot 1, DP 529083; Lot 1, DP 726006
Local
516
Woodstock
Federation brick residence (former school residence) and trees
358 Woodstock Road
Lot 1, DP 1031696
Local
517
Woollamia
Lone grave of Sarah Coulon
22 James Farmer Grove
Lot 4, DP 1027849
Local
519
Woollamia
Weatherboard and fibro holiday cottage and garden
759 and 761 Woollamia Road
Lots 1 and 2, DP 9289; Lots 3 and 4, DP 1172636
Local
520
Worrigee
Rubblestone school (former Worrigee schoolhouse)
20 Booligal Road
Lot 15, DP 755953
Local
521
Worrigee
Worrigee Cemetery
Greenwell Point Road
Lot 8, DP 791226
Local
524
Worrigee
“Congla”—(former Mackenzie Estate manager’s residence)
315 Greenwell Point Road
Lot 2, DP 1087811
Local
522
Worrigee
Cement rendered colonial (dome) wells (2)
315 Greenwell Point Road
Lot 2, DP 1087811
Local
523
Worrowing Heights
“Erowal Farm” including homestead (ruins), garden, trees and resort ruins
110 The Wool Road
Lot 34, DP 1093403
Local
525
Yadboro
Pigeon House Mountain Lookout including fire trail and longfella pass
Yadboro Road and Mimosa Park Road
Morton National Park
Local
526
Yalwal
Former Yalwal gold mine, township site and cemetery
Yalwal Road
Part Lots 1 and 2, DP 252335; Part of Reserve No R3167; Part of Reserve No R3168; Lot 7314, DP 1147788; Lot 7 and Part Lots 1–6, Section 5, DP 759129; Part Lots 12 and 13, DP 755931; Lot 7017, DP 1039315
Local
527
Yatte Yattah
The Sheaffe Family Cemetery
Pointer Road
Lot 17, DP 847482
Local
528
Yatte Yattah
Roman Catholic Church (former) and cemetery (former)
Princes Highway
Lot 138, DP 755923
Local
536
Yatte Yattah
Yatte Yattah Nature Reserve and 2 Waterfalls
Princes Highway and 67B Skye Farm Lane
Lot 15A, DP 755923; Lot 44, DP 806933
Local
537
Yatte Yattah
“Woppindally”—early Victorian Georgian farmhouse and dairy farm complex
E280 Princes Highway
Lot 1, DP 738631
Local
529
Yatte Yattah
“Kendall Dale”—dairy farm complex including homestead and garden
E379A Princes Highway
Lot 3, DP 1193328
Local
530
Yatte Yattah
Quercus robur (English Oak trees-2) on driveway entrance
E379A Princes Highway
Part of Lot 3, DP 1193328 and adjacent road reserve
Local
531
Yatte Yattah
“Kirmington”—Mid-Victorian Georgian farmhouse, dairy farm complex and Henry Kendall monolith
E379B Princes Highway
Lot 425, DP 755923; Lot 1, DP 240972
Local
532
Yatte Yattah
Industrial building (former Yatte Yattah cheese factory)
E380 Princes Highway
Lot 1, DP 725962
Local
533
Yatte Yattah
“Boolgatta”—Victorian residence, dairy farm complex and barn
E402D Princes Highway
Lot 71, DP 854641
Local
534
Yatte Yattah
Former Yatte Yattah Public School and schoolmaster’s residence
8A Tierney Road
Lot 453, DP 755923
Local
538
Yatte Yattah
“Hillview” Private Cemetery
8B Tierney Road
Lot 6, DP 32380
Local
539
Part 2 Heritage conservation areas
Name of area
Identification on Heritage Map
Significance
Berry Showground Heritage Conservation Area
Shown by red hatching and labelled “C7”
Local
Hampden Bridge Heritage Conservation Area
Shown by red hatching and labelled “C4”
Local
Nowra CBD Fringe West Heritage Conservation Area
Shown by red hatching and labelled “C5”
Local
Pulman Street Heritage Conservation Area
Shown by red hatching and labelled “C1”
Local
Plunkett Street Heritage Conservation Area
Shown by red hatching and labelled “C2”
Local
Queen Street Heritage Conservation Area
Shown by red hatching and labelled “C6”
Local
Terara Heritage Conservation Area
Shown by red hatching and labelled “C3”
Local
Part 3 Archaeological sites
Suburb
Item name
Address
Property description
Significance
Item no
Bendalong
Red Head timber mill and wharf
1 Waratah Street
Lot 187, DP 755923
Local
A1
Comerong Island
Former coal wharf site
Comerong Island Road
Comerong Island
Local
A2
Coolangatta
Berry Estate homestead ruins
1335 Bolong Road
Lot A, DP 33346
Local
A3
Coolangatta
Berry Estate shipyard
Bolong Road
Lot 12, DP 28128
Local
A4
Greenwell Point
Berry’s wharf, including surrounds and breaking chain
Greenwell Point Road
Lots 7300–7302, DP 1165443
State nominated
A5
Nowra
Nowra Wharf, former Illawarra Steam Navigation Co store and wharf and former Nowra Sailing Club
6 Wharf Road
Part of Part Lot 7012, DP 1002643 and adjacent waterway
Local
A7
Watersleigh
Condie Farm
Koloona Drive
Lot 117, DP 751273
Local
A6
sch 5: Am 2014 No 88, Sch 2.61 [2]; 2015 (788), Sch 1 [3]–[58]; 2018 (46), Sch 1 [2]–[4]; 2020 (104), cl 5; 2020 (401), cl 5; 2021 (98), Sch 1[1]–[246]; 2021 (517), Sch 1[1] [2]; 2022 No 26, Sch 2.28; 2022 (297), Sch 1[8]–[10]; 2023 (526), Sch 1[5] [6].
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.
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—
(aaa)  agritourism,
(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.
agritourism means the following—
(a)  farm gate premises,
(b)  farm experience premises.
Note—
Agritourism is a type of agriculture—see the definition of that term in this Dictionary.
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)  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,
(c)  facilities for holding tastings, tours or workshops.
Note—
See clause 5.4 for controls in certain 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).
battle-axe lot means a lot that has access to a road by an access handle.
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 or place—
(a)  that provides residents with a principal place of residence for at least 3 months, and
(b)  that contains shared facilities, such as a communal living room, bathroom, kitchen or laundry, and
(c)  that contains rooms, some or all of which may have private kitchen and bathroom facilities, and
(d)  used to provide affordable housing, and
(e)  if not carried out by or on behalf of the Land and Housing Corporation—managed by a registered community housing provider,
but does not include backpackers’ accommodation, co-living housing, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.
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—
(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,
including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.
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—
(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,
whichever distance is the shortest.
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—
(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,
but does not include construction of a track, trail or road.
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—
(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,
but that does not contain any advertising relating to a person who does not carry on business at the premises or place.
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—