Kempsey Local Environmental Plan 1987

Part 1 Preliminary

1 Name of plan

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

2 Land to which plan applies

This plan applies to the whole of the land within the Shire of Kempsey as shown on the map, with boundaries as indicated on the map.

3 Aims of plan

This plan aims:

(a)  to protect the major agricultural activities of the area and to promote the agricultural potential of the Shire of Kempsey,

(b)  to protect the quality of areas of high landscape or environmental value,

(c)  to ensure that new developments do not require the uneconomic extension of services,

(d)  to ensure that a choice of lot sizes is available to rural land purchasers,

(e)  to create a flexible plan that can cope with fluctuations in the growth of the area,

(f)  to protect land required for future urban and rural residential purposes from unnecessary subdivision,

(g)  to protect cultural and natural resources from damage or destruction,

(h)  to facilitate the provision of residential and tourist accommodation in appropriate locations,

(i)  to ensure that development controls reflect differences in the physical capability of the land and accessibility to services,

(j)  to ensure that developments which are visually intrusive or which generate excessive traffic are prohibited on arterial roads,

(k)  to ensure that non-residential development is sited to avoid or minimize conflict with the residential amenity of adjoining lots,

(l)  to ensure that flood-free land is available for business and urban residential expansion, and

(m)  to conserve and enhance the environmental heritage of Kempsey Shire.

4 Relationship with other environmental planning instruments

The following environmental planning instruments are repealed:

(a)  the Municipality of Kempsey Planning Scheme Ordinance,

(b)  Interim Development Orders Nos 1–33—Municipality of Kempsey,

(c)  Kempsey Local Environmental Plans Nos 1–16, 18–22, and

(d)  such other deemed environmental planning instruments and local environmental plans as, immediately before the appointed day, applied to the land to which this plan applies, to the extent only to which those instruments and plans so applied to that land.

5 Definitions

(1)  In this plan:

acid sulfate soils means actual acid sulfate soils or potential acid sulfate soils.

Acid Sulfate Soils Assessment and Management Guidelines means the Acid Sulfate Soils Assessment and Management Guidelines as published from time to time by the NSW Acid Sulfate Soils Management Advisory Committee and adopted by the Director.

acid sulfate soils map means the series of maps marked “Kempsey Local Environmental Plan 1987—Acid Sulfate Soils Planning Maps” kept in the office of the Council.

actual acid sulfate soils means soils containing highly acidic soil horizons or layers resulting from the aeration of soil materials that are rich in iron sulfides, primarily pyrite. The soil material has a pH of less than 4.0 when measured in dry season conditions.

advertisement means the display of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display includes the erection of a structure or the carrying out of a work.

aerodrome means a place or area, open to use by the public, which is licensed by the Commonwealth Department of Transport for use by aircraft and includes airline terminal buildings and associated facilities.

animal boarding and breeding establishment means a building or place used for the purpose of breeding, training, accommodating or nurturing domestic animals for gain or reward, otherwise than as ancillary to the use of the building or place for the purpose of agriculture.

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

aquaculture means the cultivation of marine and freshwater organisms such as fish, prawns and other crustaceans.

arterial road means:

(a)  State Highway 10—Pacific Highway,

(b)  Trunk Road 75—Armidale Road,

(c)  Kempsey to Crescent Head Road,

(d)  Main Road 198—Kempsey to South West Rocks Road,

(e)  Main Road 556—Seven Oaks to Smithtown Road,

(f)  Plummers Lane—State Highway 10 to South West Rocks,

(g)  Smithtown to Jerseyville Road, or

(h)  Stuarts Point Road.

buildings or places of tourist interest means buildings or places being tourist facilities or buildings or places of scientific, historical or scenic interest.

caravan park means land (including a camping ground) used for placement of caravans or other moveable dwellings (as defined in the Local Government Act 1993).

clearing means the removal or destruction of any mature native vegetation.

cluster housing means a group of dwelling-houses or residential flat buildings (containing not more than 2 dwellings), or both, situated on the one allotment of land.

community building means a building or place owned or leased by the Council and used to provide facilities comprising or relating to any one or more of the following:

(a)  a public library,

(b)  public health, welfare or information services,

(c)  rest rooms,

(d)  meeting rooms,

(e)  indoor recreation,

(f)  child minding,

(g)  other community support facilities.

conservation area means the land shown hatched black and marked “Conservation Area” on the map.

Council means the Council of the Shire of Kempsey.

demolition, in relation to a building or work, means the damaging, defacing, destruction, pulling down or removal of the building or work, in whole or in part.

dual occupancy building means a building containing 2 dwellings only.

environmental education facility means a building or place used for environmental education purposes.

equestrian centre means a building or place used for the purposes of teaching horse riding skills and hiring horses whether or not accommodation is provided for the riders.

exhibition home means a dwelling-house used for the purposes of exhibition.

external surfaces, in relation to a building or work, includes the external walls and cladding (if any) thereon, external doors, external door and window frames, columns, roofs and fences, and any other surface of the building or work visible from the exterior of the building or work.

feed lot means a building or place, other than a piggery or stock home, in which or on which cattle, sheep or other livestock are held for the purpose of nurturing either wholly or partly by a feeding method other than grazing.

floor space ratio, in relation to a building, means the ratio of the gross floor area of the building to the site area of the land on which the building is or is proposed to be erected.

forestry means the management and harvesting of timber and forest products (otherwise than in a sawmill) and the carrying out of any associated roadworks, in accordance with a Plan of Management approved by the Forestry Commission of New South Wales.

height, in relation to a building, means the distance measured vertically from any point on the ceiling of the topmost floor of the building to the ground level immediately below that point.

holiday cabin means a dwelling-house used for the provision of holiday accommodation only, being one of a group of dwelling-houses erected on an allotment of land, or allotments of land, in the same ownership.

home activity means an activity or pursuit carried on in a building or room or a number of rooms forming part of, attached to, or within the curtilage of, a dwelling, where:

(a)  the primary use of the dwelling is for residential purposes,

(b)  the activity or pursuit does not or is not likely to:

(i)  interfere with the amenity. of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise,

(ii)  involve exposure to view from any public place of any matter,

(iii)  require the provision of any essential service of a greater capacity than that available in the locality, or

(iv)  generate traffic out of keeping with the surrounding locality, and

(c)  the activity or pursuit is undertaken by the permanent residents of the dwelling (whether or not any other person is employed) and not more than one other person who is not a permanent resident of the dwelling is employed.

intensive animal husbandry means a building or place used for the purposes of:

(a)  pig breeding,

(b)  lot feeding cattle,

(c)  commercial poultry farming (whether for the production of chicken meat or eggs), or

(d)  any similar activity that is likely to involve the erection of large buildings or the creation of large quantities of waste products.

items of the environmental heritage means those buildings, works, relics or places of historic, scientific, cultural, social, architectural, archaeological, natural or aesthetic significance to the Shire of Kempsey described in Schedule 1.

landscaped area, in relation to an allotment of land, means that part of the area of the allotment, not occupied above ground level by any building, which is predominantly landscaped by way of plantings, gardens, lawns, shrubs or trees and is available for use and enjoyment by the occupants of the building erected on the allotment, but does not include any areas set aside for driveways or parking.

marina means a pontoon, jetty, pier or the like, used to provide moorings for boats used for pleasure, commerce or recreation, and includes ancillary:

(a)  slipways, and

(b)  facilities for the repair, maintenance and fuelling of, or the provision of accessories and parts for, boats or boating enthusiasts, and

(c)  facilities for the storage or provision of food.

marine service centre means a building or place used for the fuelling of motor boats involving the sale by retail of petrol, diesel fuel and other petroleum products, whether or not the building or place is also used for any one or more of the following purposes:

(a)  the sale by retail of chandlery equipment, marine motors, spare parts and accessories for boats, including motor boats,

(b)  the washing and maintenance of boats,

(c)  the installation of boating accessories,

(d)  the repairing and servicing of boats involving the use of hand tools (other than repairing and servicing which involves top overhaul of motors, hull construction or restoration, panel beating, fibreglass fabrication or spray painting).

medical centre means a building or place containing consulting rooms and professional accommodation for duly qualified and registered medical practitioners, dentists, physiotherapists, optometrists, chiropodists or pharmacists.

miscellaneous forestry means the management and harvesting of timber and forest products (otherwise than in a sawmill) and the carrying out of any associated roadworks, otherwise than in accordance with a Plan of Management approved by the Forestry Commission of New South Wales.

multiple dwelling means a dwelling which forms part of a group of 2 or more dwellings such as are commonly known as cluster houses, residential flat buildings, villa homes, townhouses, semi-detached homes, terrace buildings or the like.

natural surface, in relation to a site, means the level determined by the Council to be the natural surface of the site.

open space means all land in public ownership for present or intended future use as parks, gardens, sports grounds and other active recreation areas as well as playgrounds, bushland reserves and vantage points.

plant nursery means a building or place used or intended for the use of the propagation of plants pending their sale and distribution to persons engaged in retail trade.

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

real estate sign means an advertisement in respect of a place or premises to which it is affixed which contains only a notice that the place or premises is or are for sale or letting together with particulars of the sale or letting and:

(a)  in the case of an advertisement in respect of residential or rural premises relating to letting or sale by private treaty—does not exceed 1.22m in length and 0.915m in height, or

(b)  in the case of an advertisement in respect of residential or rural premises relating to sale by auction:

(i)  does not exceed 1.83m in length and 1.22m in height, and

(ii)  has returns not exceeding 180mm, and

(iii)  contains only the word “auction” on the surfaces of its returns, or

(c)  in the case of an advertisement in respect of commercial and industrial premises—does not exceed 2.44m in length and 1.83m in height.

recreation area means:

(a)  a children’s playground,

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

(c)  an area used by the Council to provide recreational facilities for the physical, cultural or intellectual welfare of the community, and

(d)  an area used by a body of persons associated for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes,

but does not include racecourses and showgrounds.

relic means any deposit, object or material evidence relating to the settlement (including Aboriginal habitation) of the Shire of Kempsey prior to 1 January 1900.

renovation, in relation to a building or work, means:

(a)  the making of structural changes to the inside or outside of the building or work, or

(b)  the making of non-structural changes to the fabric or appearance of the outside of the building or work, including changes that involve the repair, or the painting, plastering or other decoration, of the outside of the building or work.

rural tourist facilities means an establishment that provides holiday accommodation or recreation activities of a kind that do not adversely affect the agricultural use of land in the vicinity of the establishment.

the map means the map marked “Kempsey Local Environmental Plan 1987, as amended by the maps marked as follows:

Editorial note—

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

Kempsey Local Environmental Plan 1987 (Amendment No 2)

Kempsey Local Environmental Plan 1987 (Amendment No 3)

Kempsey Local Environmental Plan 1987 (Amendment No 4)

Kempsey Local Environmental Plan 1987 (Amendment No 6)

Kempsey Local Environmental Plan 1987 (Amendment No 7)

Kempsey Local Environmental Plan 1987 (Amendment No 8)

Kempsey Local Environmental Plan 1987 (Amendment No 9)

Kempsey Local Environmental Plan 1987 (Amendment No 11)

Kempsey Local Environmental Plan 1987 (Amendment No 16)

Kempsey Local Environmental Plan 1987 (Amendment No 18)

Kempsey Local Environmental Plan 1987 (Amendment No 19)

Kempsey Local Environmental Plan 1987 (Amendment No 20)

Kempsey Local Environmental Plan 1987 (Amendment No 24)

Kempsey Local Environmental Plan 1987 (Amendment No 25)

Kempsey Local Environmental Plan 1987 (Amendment No 26)

Kempsey Local Environmental Plan 1987 (Amendment No 27)

Kempsey Local Environmental Plan 1987 (Amendment No 28)

Kempsey Local Environmental Plan 1987 (Amendment No 29)

Kempsey Local Environmental Plan 1987 (Amendment No 31)

Kempsey Local Environmental Plan 1987 (Amendment No 32)

Kempsey Local Environmental Plan 1987 (Amendment No 33)

Kempsey Local Environmental Plan 1987 (Amendment No 35)

Kempsey Local Environmental Plan 1987 (Amendment No 36)

Kempsey Local Environmental Plan 1987 (Amendment No 37)

Kempsey Local Environmental Plan 1987 (Amendment No 38)

Kempsey Local Environmental Plan 1987 (Amendment No 39)

Kempsey Local Environmental Plan 1987 (Amendment No 41)

Kempsey Local Environmental Plan 1987 (Amendment No 44)

Kempsey Local Environmental Plan 1987 (Amendment No 46)—Sheet 1

Kempsey Local Environmental Plan 1987 (Amendment No 50)

Kempsey Local Environmental Plan 1987 (Amendment No 52)

Kempsey Local Environmental Plan 1987 (Amendment No 55)

Kempsey Local Environmental Plan 1987 (Amendment No 57)

Kempsey Local Environmental Plan 1987 (Amendment No 60)

Kempsey Local Environmental Plan 1987 (Amendment No 61)

Kempsey Local Environmental Plan 1987 (Amendment No 63)

Kempsey Local Environmental Plan 1987 (Amendment No 71)

Kempsey Local Environmental Plan 1987 (Amendment No 74)

Kempsey Local Environmental Plan 1987 (Amendment No 81)

Kempsey Local Environmental Plan 1987 (Amendment No 83)

Kempsey Local Environmental Plan 1987 (Amendment No 86)

Kempsey Local Environmental Plan 1987 (Amendment No 94)

Kempsey Local Environmental Plan 1987 (Amendment No 96)

Kempsey Local Environmental Plan 1987 (Amendment No 100)

Kempsey Local Environmental Plan 1987 (Amendment No 109)

Kempsey Local Environmental Plan 1987 (Amendment No 111)

Kempsey Local Environmental Plan 1987 (Amendment No 112)

Kempsey Local Environmental Plan 1987 (Amendment No 114)

Kempsey Local Environmental Plan 1987 (Amendment No 115)

timber yard means a building or place used or intended for use for the storage and sale by retail of timber.

veterinary establishment means a building or place used by a veterinary surgeon for the purpose of dealing with the prevention, cure, treatment or alleviation of disease or injury in animals.

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

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

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

(c)  a reference to land within a zone specified in the Table to clause 9 is a reference to land shown on the map in the manner indicated in clause 8 as the means of identifying land of the zone so specified.

(3)  Notes in this plan are provided for guidance and do not form part of this plan.

cl 5: Am 11.12.1987; 11.3.1988; 12.8.1988; 14.10.1988; 25.11.1988; 17.2.1989; 26.5.1989; 4.5.1990; 6.7.1990; 14.9.1990; 28.12.1990; 26.7.1991; 23.8.1991; 4.10.1991; 22.11.1991; 14.2.1992; 5.6.1992; 26.2.1993; 19.3.1993; 11.6.1993; 27.8.1993; 24.12.1993; 28.1.1994; 4.2.1994; 11.2.1994; 1.7.1994; 24.2.1995; 24.3.1995; 1.9.1995; 3.11.1995; 16.8.1996; 18.10.1996; 2.5.1997; 19.12.1997; 27.3.1998; 13.8.1999; 7.4.2000; 8.2.2002; 24.5.2002; 14.2.2003; 20.6.2003; 24.10.2003; 2008 (129), Sch 1 [1]; 2009 No 56, Sch 2.26; 2009 (368), Sch 1 [1]; 2009 (401), Sch 1 [1]; 2009 (462), Sch 1 [1]; 2009 (463), cl 5; 2010 (197), Sch 1 [1]; 2010 (242), cl 4; 2010 (710), cl 4; 2010 (777), Sch 1 [1]; 2012 (164), Sch 1 [1]; 2012 (451), cl 4; 2013 (111), cl 4.

6 Adoption of Model Provisions

The Environmental Planning and Assessment Model Provisions 1980, other than:

(a)  the definitions of advertising structure, advertisement, arterial road, forestry, home industry, map and units for aged persons in clause 4 (1), and

(b)  clauses 6, 15, 17, 29, 33 and 36,

are adopted for the purposes of this plan.

cl 6: Am 11.2.1994; 1.7.1994; 3.11.1995.

7 Consent authority

The Council shall be the consent authority for the purposes of this plan.

Part 2 General restrictions on development of land

8 Zones indicated on the map

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

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

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

Zone No 1 (c) (Rural (Small Holdings) “C” Zone)—coloured light brown, edged heavy black and lettered “1 (c)”.

Zone No 1 (d) (Rural (Investigation) “D” Zone)—coloured light brown, edged heavy black and lettered “1 (d)”.

Zone No 1 (e) (Rural (Floodway) “E” Zone)—coloured light brown, edged heavy black and lettered “1 (e)”.

Zone No 1 (f) (Rural (Forests) “F” Zone)—coloured light brown, edged heavy black and lettered “1 (f)”.

Zone No 1 (g) (Rural (Small Agricultural Enterprises) “G” Zone)—coloured light brown, edged heavy black and lettered “1 (g)”.

Zone No 2 (a) (Residential “A” Zone)—coloured light scarlet, edged heavy black and lettered “2 (a)”.

Zone No 2 (b1) (Residential “B1” Zone)—coloured light scarlet, edged heavy black and lettered “2 (b1)”.

Zone No 2 (b2) (Residential “B2” Zone)—coloured light scarlet, edged heavy black and lettered “2 (b2)”.

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

Zone No 2 (d) (Residential (Tourist Facility) “D” Zone)—coloured light scarlet, edged heavy black and lettered “2 (d)”.

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

Zone No 3 (a) (Business (General) “A” Zone)—coloured medium blue, edged heavy black and lettered “3 (a)”.

Zone No 3 (b) (Business (Neighbourhood) “B” Zone)—coloured medium blue, edged heavy black and lettered “3 (b)”.

Zone No 3 (c) (Business (Special) “C” Zone)—coloured light blue, edged heavy black and lettered “3 (c)”.

Zone No 3 (v) (Business (Village) “V” Zone)—coloured light blue, edged heavy black and lettered “3 (v)”.

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

Zone No 4 (b) (Light Industrial “B” Zone)—coloured purple, edged heavy black and lettered “4 (b)”.

Zone No 4 (e) (Industrial (Extractive) “E” Zone)—coloured purple, edged heavy black and lettered “4 (e)”.

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

Zone No 5 (b) (Special Uses “B” Zone)—coloured blue-purple, edged heavy black and lettered “5 (b)”.

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

Zone No 6 (b) (Open Space “B” Zone)—coloured dark green with a yellow border, edged heavy black and lettered “6 (b)”.

Zone No 7 (a) (Wetlands Protection Zone)—coloured light green, edged heavy black and lettered “7 (a)”.

Zone No 7 (b) (Environmental Protection (Habitat) Zone)—coloured light green, edged heavy black and lettered “7 (b)”.

Zone No 7 (d) (Scenic Protection Zone)—coloured light green, edged heavy black and lettered “7 (d)”.

Zone No 7 (f1) (Coastal Lands Protection Zone)—coloured light green, edged heavy black and lettered “7 (f1)”.

Zone No 7 (f2) (Coastal Lands Acquisition Zone)—coloured light green, edged heavy black and lettered “7 (f2)”.

Zone No 7 (h) (Historic Lands Protection Zone)—coloured light green, edged heavy black and lettered “7 (h)”.

Zone No 8 (a) (Existing National Parks, Nature Reserves and Lands Available for Recreation Zone)—uncoloured with a dark green border, edged heavy black and lettered “8 (a)”.

Zone No 8 (b) (Proposed National Park Extension Zone)—uncoloured with a dark green border, edged heavy black and lettered “8 (b)”.

cl 8: Am 17.2.1989; 6.7.1990; 4.10.1991; 8.2.2002.

9 Zone objectives and development control table

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

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

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

(b)  development may be carried out only with development consent, and

(c)  development is prohibited,

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

(3)  Except as otherwise provided by this plan, the Council shall not grant consent to the carrying out of development on land to which this plan applies unless the Council is of the opinion that the carrying out of the development is consistent with the objectives of the zone within which the development is proposed to be carried out.

Table

Zone No 1 (a1)   (Rural “A1” Zone)

1 Objectives of zone

The objectives are:

(a)  predominantly to provide for agricultural uses,

(b)  to preserve the visual amenity of the land, and

(c)  to provide for compatible tourist and industrial uses.

2 Without development consent

Agriculture (other than intensive animal husbandry and aquaculture); forestry.

3 Only with development consent

Any purpose other than a purpose including Item 2 or 4.

4 Prohibited

aged persons units; boarding-houses; bus stations, car repair stations; cluster housing; commercial premises; educational establishments; exhibition homes; general stores, hospitals; industries (other than extractive industries, offensive and hazardous industries or rural industries); liquid fuel depots; medical centres; motor showrooms; multiple dwellings; professional consulting rooms; recreation facilities; residential flats; road transport terminals; shops; taverns; transport terminals; warehouses.

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

1 Objectives of zone

The objectives are:

(a)  to conserve land particularly suitable for agricultural uses,

(b)  to provide for compatible tourist uses, and

(c)  to protect arterial road frontages from developments which are visually intrusive or which generate excessive traffic.

2 Without development consent

Agriculture (other than intensive animal husbandry); forestry.

3 Only with development consent

Any purpose other than a purpose include in Item 2 or 4.

4 Prohibited

aged persons units; boarding-houses; bus depots; bus stations; car repair stations; clubs; cluster housing; commercial premises; education establishments; exhibition homes; general stores; generating works; hospitals; industries (other than extractive industries, offensive and hazardous industries or rural industries); institutions; junk yards; liquid fuel depots; medical centres; motor showrooms; multiple dwellings; places of assembly; places of public worship; professional consulting rooms; public buildings; recreation facilities; residential flats; road transport terminals; service stations; shops; taverns; transport terminals; warehouses.

Zone No 1 (c)   (Rural (Small Holdings “C” Zone)

1 Objectives of zone

The objectives are:

(a)  to provide sufficient land to meet demand for hobby farms and rural residential development, and

(b)  to permit uses which are compatible with more intensive rural development.

2 Without development consent

Additions to dwellings; agriculture (other than intensive animal husbandry and aquaculture).

3 Only with development consent

Any purpose other than a purpose included in Item 2 or 4.

4 Prohibited

aerodromes; aged persons units; airline terminals; animal boarding and breeding establishments; aquaculture; boarding-houses; bulk stores; bus depots; bus stations; camping grounds; caravan parks; car repair stations; cluster housing; commercial premises; exhibition homes; extractive industries; forestry; helipads; heliports; hospitals; hotels; industries; institutions; intensive animal husbandry; junk yards; light industries; liquid fuel depots; medical centres; mineral sand mines; mines; miscellaneous forestry; motels; motor showrooms; multiple dwellings; offensive or hazardous industries; professional consulting rooms; recreation facilities; residential flats; road transport terminals; rural industries; rural workers dwellings; sawmills; service stations; shops; stock and saleyards; taverns; timber yards; transport terminals; veterinary establishments; warehouses.

Zone No 1 (d)   (Rural (Investigation) “D” Zone)

1 Objectives of zone

The objectives are:

(a)  to provide for future expansion of Kempsey Shire’s population,

(b)  to ensure that such land is not subject to excessive capital investment, and

(c)  to enable a thorough investigation of land prior to release for development.

2 Without development consent

Agriculture (other than intensive animal husbandry and aquaculture).

3 Only with development consent

Any purpose other than a purpose included in Item 2 or 4.

4 Prohibited

aerodromes; airline terminals; animal boarding and breeding establishments; aquaculture; boarding houses; bulk stores: bus depots; bus stations: camping grounds; car repair stations; caravan parks; clubs; cluster housing; commercial premises; community buildings; environmental education facilities; equestrian centres; exhibition homes; extractive industries; feedlots; generating works; helipads, heliports; holiday cabins; hospitals; hotels; industries; institutions; intensive animal husbandry; junk yards; light industries; liquid fuel depots; marinas; marine service centres; medical centres; mineral sand mines; mines; motels; motor showrooms; multiple dwellings; offensive or hazardous industries; professional consulting rooms; public buildings; recreation establishments; recreation facilities; refreshment rooms; residential flat buildings; road transport terminals; rural industries; rural tourist facilities; rural worker dwellings; sawmills; service stations; shops; stock and sale yards; taverns; timber yards; tourist facilities; transport terminals; warehouses.

Zone No 1 (e)   (Rural (Floodway) “E” Zone)

1 Objectives of zone

The objective is to control development in floodways.

2 Without development consent

Nil.

3 Only with development consent

Additions to dwellings; agriculture (other than cattle feed lots, pig keeping and poultry farming); carparks; forestry; miscellaneous forestry; open space; roads; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 3.

Zone No 1 (f)   (Rural (Forestry) “F” Zone)

1 Objectives of zone

The objective of this zone is to provide for forestry uses in State Forests.

2 Without development consent

Agriculture (other than intensive animal husbandry and aquaculture); forestry.

3 Only with development consent

Dwelling-houses; extractive industries; home activities; home occupations; miscellaneous forestry; open space; plant nurseries; roads; rural industries; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 1 (g)   Rural (Small Agricultural Enterprises) “G” Zone)

1 Objectives of zone

The objectives are:

(a)  to permit a variety of larger size lots to meet the demand for hobby farms,

(b)  to permit uses which are compatible with more intensive rural development, and

(c)  to ensure that the nature, scale and operation of any activity (particularly extractive industries, intensive animal husbandry, rural industries and forestry associated activities) are compatible with the amenity of the locality.

2 Without development consent

Additions to dwellings; agriculture (other than intensive animal husbandry or aquaculture).

3 Only with development consent

Any purpose other than a purpose included in Item 2 or 4.

4 Prohibited

aerodromes; aged persons units; airline terminals; boarding houses; bulk stores; bus depots; bus stations; camping grounds; car repair stations; caravan parks; cluster housing; commercial premises; exhibition homes; helipads; heliports; hospitals; hotels; industries; institutions; junk yards; light industries; liquid fuel depots; medical centres; mineral sand mines; mines; motels; motor showrooms; multiple dwellings; offensive or hazardous industries; professional consulting rooms; recreation facilities; residential flat bildings; road transport terminals; service stations; shops; stock and sale yards; timber yards; transport terminals; warehouses.

Zone No 2 (a)   (Residential “A” Zone)

1 Objectives of zone

The objective is to provide areas for low density residential development.

2 Without development consent

Dwelling-houses.

3 Only with development consent

Any purpose other than a purpose included in Item 2 or 4.

4 Prohibited

aerodromes; agriculture; airline terminals; animal boarding and breeding establishments; aquaculture; bulk stores; bus depots; bus stations; camping grounds; caravan parks; car repair stations; clubs; commercial premises; equestrian centres; extractive industries; forestry; generating works; helipads; heliports; holiday cabins; hospitals; hotels; industries; institutions intensive animal husbandry; junkyards; light industries; liquid fuel depots; marinas; marine service centres; medical centres; mineral sand mines; mines; miscellaneous forestry; motels; motor showrooms; offensive or hazardous industries; places of assembly; plant nurseries; public buildings; recreation areas; recreation establishments; recreation facilities; refreshment rooms; road transport terminals; roadside stalls; rural industries; rural tourist facilities; rural workers dwellings; sawmills; service stations; shops; stock and saleyards taverns; timber yards; tourist facilities; transport terminals; veterinary establishments; warehouses.

Zone No 2 (b1)   (Residential “B1” Zone)

1 Objectives of zone

The objectives are:

(a)  to allow multiple dwellings to be developed in suitable areas, and

(b)  to permit medium density housing in residential areas that is compatible in character with detached housing.

2 Without development consent

Dwelling-houses.

3 Only with development consent

Any purpose other than a purpose included in Item 2 or 4.

4 Prohibited

aerodromes; agriculture; airline terminals; animal boarding and breeding establishments; aquaculture; bulk stores; bus depots; bus stations; camping grounds; caravan parks; car repair stations; clubs; commercial premises; equestrian centres; extractive industries; forestry; generating works; helipads; heliports; holiday cabins; hospitals; hotels; industries; institutions; intensive animal husbandry; junk yards; light industries; liquid fuel depots; marinas; marine service centres; medical centres; mineral sand mines; mines; miscellaneous forestry; motels; motor showrooms; offensive or hazardous industries; places of assembly; plant nurseries; public buildings; recreation areas; recreation establishments; recreation facilities; refreshment rooms; road transport terminals; roadside stalls; rural industries; rural tourist facilities; rural workers dwellings; sawmills; service stations; shops; stock and sale yards; taverns; timber yards; tourist facilities; transport terminals; veterinary establishments; warehouses.

Zone No 2 (b2)   (Residential “B2” Zone)

1 Objectives of zone

The objectives are:

(a)  to allow higher residential densities in areas with good accessibility to services, employment and recreation facilities,

(b)  to allow the provision of holiday rental accommodation, and

(c)  to restrict the height and bulk of residential and holiday accommodation buildings so that they remain in character with existing development.

2 Without development consent

Dwelling-houses.

3 Only with development consent

Any purpose other than a purpose included in Item 2 or 4.

4 Prohibited

aerodromes; agriculture; airline terminals; animal boarding and breeding establishments; aquaculture; bulk stores; bus depots; bus stations; camping grounds; car repair stations; clubs; commercial premises; equestrian centres; extractive industries; exhibition homes; forestry; generating works; helipads; heliports; hospitals; hotels; industries; institutions; intensive animal husbandry; junk yards; light industries; liquid fuel depots; marines; marine service centres; medical centres; mineral sand mines; mines; miscellaneous forestry; motor showrooms; offensive or hazardous industries; places of assembly; plant nurseries; public buildings; recreation areas; recreation establishments; recreation facilities; road transport terminals; roadside stalls; rural industries; rural tourist facilities; rural workers dwellings; sawmills; service stations; shops; stock and sale yards; taverns; timber yards; transport terminals; veterinary establishments; warehouses.

Zone No 2 (c)   Residential “C” Zone

1 Objectives of zone

The objectives are:

(a)  to increase the quality of residential and holiday accommodation within the central area of South West Rocks, and

(b)  to allow development which is visually compatible with the existing development.

2 Without development consent

Dwelling-houses.

3 Only with development consent

Any purpose other than a purpose included in Item 2 or 4.

4 Prohibited

aerodromes; agriculture; airline terminals animal boarding and breeding establishments; aquaculture; bulk stores; bus depots; bus stations; camping grounds; car repair stations; club;s commercial premises; equestrian centres; exhibition homes; extractive industries; forestry; generating works; helipads; heliports; hospitals; hotels; industries; institutions; intensive animal husbandry; junk yards; light industries; liquid fuel depots; marinas; marine service centres; medical centres; mineral sand mines; mines; miscellaneous forestry; motor showrooms; offensive or hazardous industries; places of assembly; plant nurseries; public buildings; recreation facilities; road transport terminals; roadside stalls; rural industries; rural tourist facilities; rural workers dwellings; sawmills; service stations; shops; stocks and sale yards; taverns; timber yards; transport terminals; veterinary establishments; warehouses.

Zone No 2 (d)   (Residential (Tourist Facility) “D” Zone)

1 Objectives of zone

The objectives are:

(a)  to accommodate tourist developments and uses associated with, ancillary to or supportive of, tourist developments, including retailing and service facilities where such facilities are an integral part of the tourist development and are of a scale appropriate to the needs of that development, and

(b)  to allow development which is visually compatible with the existing coast front development.

2 Without development consent

Dwelling-houses.

3 Only with development consent

Any purpose other than a purpose included in Item 2 or 4.

4 Prohibited

aerodromes; agriculture; airline terminals; animal boarding and breeding establishments; aquaculture; bulk stores; bus stations; car repair stations; clubs; educational facilities; exhibition homes; extractive industries; forestry; generating works; helipads; heliports; hospitals; industries; institutions; intensive animal husbandry; junk yards; light industries; liquid fuel depots; marine service centres; mines; miscellaneous forestry; motor showroom; offensive or hazardous industries; plant nurseries; professional consulting rooms; public buildings; road transport terminals; roadside stalls; rural industries; dwellings; sawmills; service stations; stock and sale yards; timber yards; transport terminals; veterinary establishments; warehouses.

Zone No 2 (v)   (Village of Township Zone)

1 Objectives of zone

The objective is to allow a wide range of land uses in smaller settlements.

2 Without development consent

Dwelling-houses.

3 Only with development consent

Any purpose other than a purpose included in Item 2 or 4.

4 Prohibited

aerodromes; institutions; intensive animal husbandry; mineral sand mines; mines; offensive or hazardous industries; rural workers dwellings.

Zone No 3 (a)   (Business “A” Zone)

1 Objectives of zone

The objective is to accommodate commerce, retailing and public administration development at accessible locations.

2 Without development consent

Nil.

3 Only with development consent

Any purpose other than a purpose included in Item 2 or 4.

4 Prohibited

Aerodromes; aged persons units; agriculture; airline terminals; animal boarding and breeding establishments; aquaculture; boarding-houses; camping grounds; cluster housing; dual occupancies; dwelling-houses (other than those construction in conjunction with shops or commercial premises); exhibition homes; extractive industries; forestry; generating works; helipads; heliports; holiday cabins; hospitals; industreis; institutions; intensive animal husbandry; junk yards; light industries; liquid fuel depots; marinas; marine service centres; mineral sand mines; mines; miscellaneous forestry; multiple dwellings (other than those constructed in conjunction with shops or commercial premises); offensive or hazardous industries; recreation establishments; road transport terminals; roadside stalls; rural industries; rural tourist facilities; rural workers dwellings; sawmills; stock and sale yards; timber yards; tourist facilities; transport terminals.

Zone No 3 (b)   (Business (Neighbourhood) “B” Zone)

1 Objectives of zone

The objective is to provide for an appropriate range of commercial services for local needs.

2 Without development consent

Nil.

3 Only with development consent

Any purpose other than a purpose included in Item 4.

4 Prohibited

Aerodromes; aged persons; units; agriculture; airline terminals; animal boarding and breeding establishment; aquaculture; boarding-houses; bulk stores; bus depots; camping grounds; caravan parks; car repair stations; clubs; cluster housing; community buildings; dual occupancies; dwelling-houses (other than those constructed on conjunction with shops or commercial premises); educational establishments; environmental education establishments; equestrian centres; exhibition homes; extractive industries; forestry; generating works; helipads; heliports; holiday cabins; hospitals; hotels; industries; institutions; intensive animal husbandry; junk yards; light industries; liquid fuel depots; marinas; marine service centres; mineral sand mines; mines; miscellaneous forestry; motels; motor showrooms; multiple dwellings (other than those constructed in conjunction with shops or commercial premises); offensive or hazardous industries; recreation establishments; recreation facilities; road transport terminals; roadside stalls; rural industries; rural tourist facilities; rural workers dwellings; sawmills; service stations; stock and sale yards; taverns; timber yards; tourist facilities; transport terminals; warehouses.

Zone No 3 (c)   (Business (Special “C” Zone)

1 Objectives of zone

The objective is to provide suitable locations for automotive sales and service, motor-oriented accommodation and recreational facilities.

2 Without development consent

Nil.

3 Only with development consent

Any purpose other than a purpose included in Item 4.

4 Prohibited

Aerodromes; aged persons units; agriculture; airline terminals; animal boarding and breeding establishments; aquaculture; boarding-houses; bulk stores; camping grounds; cluster housing; comercial premises; community buildings; dual occupancies; dwelling-houses (other than those constructed in conjunction with shops); equestrian centres; exhibition homes; extractive industries; forestry; generating works; helipads; heliports; holiday cabins; home occupations; hospitals; industries; institutions; intensive animal husbandry; junk yards; light industries; liquid fuel depots; marinas; marine service centres; mineral sand mines; mines; miscellaneous forestry; multiple dwellings (other than those constructed in conjunction with shops); offensive or hazardous industries; recreation establishments; road transport terminals; roadside stalls; rural industries; rural tourist facilities; rural workers dwellings; sawmills; stock and sale yards; timber yards; tourist facilities; transport terminals.

Zone No 3 (v)   (Business (Village) “V” Zone)

1 Objectives of zone

The objectives are:

(a)  to permit the provision of a suitable range of tourist accommodation, personal services and retailing to meet the needs of tourists and local residents within the existing village centre at South West Rocks, and

(b)  to prevent development which would inhibit the establishment of a new town centre.

2 Without development consent

Nil.

3 Only with development consent

Any purpose other than a purpose included in Item 4.

4 Prohibited

Aerodromes; aged persons units; agriculture; airline terminals; animal boarding and breeding establishments; aquaculutre; boarding-houses; bulk stores; bus depots; camping grounds; car repair stations; cluster housing; dual occupancies; dwelling-houses (other than those constructed in conjunction with shops or commercial premises); equestrian centres; exhibition homes; extractive industries; forestry; generating works; helipads; heliports; holiday cabins; home occupations; hospitals; industries; institutions; intensive animal husbandry; junk yards; light industries; liquid fuel depots; marinas; marine service centres; mineral sand mines; mines; miscellaneous forestry; multiple dwellings (other than those constructed in conjunction with shops); offensive or hazardous industries; recreation establishments; road transport terminals; roadside stalls, rural industries; rural tourist facilities; rural workers dwellings; sawmills; stock and sale yards; timber yards; tourist facilities; transport terminals.

Zone No 4 (a)   (Industrial (General) Zone)

1 Objectives of zone

The objective is to provide sufficient land for industrial and related purposes so as to maintain the predominance of industrial development at Kempsey.

2 Without development consent

Nil.

3 Only with development consent

Any purpose other than a purpose included in Item 4.

4 Prohibited

Aerodromes; aged persons units; agriculture; airline terminals; animal boarding and breeding establishments; aquaculture; boarding-houses; camping grounds; caravan parks; child care centres; clubs; cluster housing; community buildings; dual occupancies; dwelling-houses (other than those used in conjunction with industry and situated on the same land as the industry); equestrian centres; exhibition homes; extractive industries; forestry; helipads; heliports; holiday cabins; home occupations; hospitals; hotels; institutions; intensive animal husbandry; medical centres; mineral sand mines; mines; miscellaneous forestry; motels; multiple dwellings; offensive or hazardous industries; places of assembly; places of public worship; professional consulting rooms; public buildings; recreation establishments; refreshment rooms; residential flats; roadside stalls; rural industries; rural tourist facilities; rural workers dwellings; stock and sale yards; taverns; tourist facilities; veterinary establishments.

Zone No 4 (b)   (Light Industrial “B” Zone)

1 Objectives of zone

The objective is to provide sufficient land for light industrial and related purposes at South West Rocks and other appropriate locations.

2 Without development consent

Nil.

3 Only with development consent

Any purpose other than a purpose included in Item 4.

4 Prohibited

Aerodromes; aged persons units; agriculture; airline terminals; animal boarding and breeding boarding establishments; aquaculture; boarding-houses; bulk stores; camping grounds; caravan parks; child care centres; clubs; cluster housing; commercial premises; community buildings; concrete batching works; dual occupancies; dwelling-houses (other than those used in conjunction with industry and situated on the same land as the industry); educational establishments; environmental educational establishments; equestrian centres; exhibition homes; extractive industries; forestry; generating works; helipads; heliports; holiday cabins; home occupations; hospitals; hotels; industries (other than light industries); institutions; intensive animal husbandry; junk yards; liquid fuel depots; marinas; medical centres; miscellaneous forestry; offensive or hazardous industries; places of assembly; places of public worship; professional consulting rooms; public buildings; recreation establishments; refreshment rooms; residential flats; roadside stalls; rural industries; rural tourist facilities; rural workers dwellings; sawmills; stock and sale yards; taverns; tourist facilities; veterinary establishments.

Zone No 4 (e)   (Industrial (Extractive) “E” Zone)

1 Objectives of zone

The objective is to allow extractive industry at appropriate locations.

2 Without development consent

Nil.

3 Only with development consent

Extractive industries; industreis associated with, or dependent upon, extractive industries; forestry; miscellaneous forestry; roads; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 3.

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

1 Objectives of zone

The objective is to make suitably located sites available for certain community services and public utilities.

2 Without development consent

Nil.

3 Only with development consent

The particular purpose indicated by black lettering on the map; drainage; roads.

4 Prohibited

Any purpose other than a purpose included in Item 3.

Zone No 5 (b)   (Special Uses “B” Zone)

1 Objectives of zone

The objective is to provide land suitable for railway purposes.

2 Without development consent

Railway purposes.

3 Only with development consent

Drainage; open space; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 6 (a)   (Open Space “A” Zone)

1 Objectives of zone

The objectives are:

(a)  to identify publicly owned land that is used or is capable of being used for the purpose of active or passive recreation, and

(b)  to conserve and protect the visual and environmental qualities of foreshore reserves and encourage development compatible with the natural environment and landscape, and

(c)  to encourage the development of public recreation in a manner which maximises the satisfaction of the community’s diverse recreational needs, and

(d)  to enable development associated with, ancillary to, or supportive of uses compatible with those uses.

2 Without development consent

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

3 Only with development consent

Buildings for the purposes of landscaping, camping grounds, caravan parks, gardening or bushfire hazard reduction; carparks; recreation areas; roads; surf life saving clubs.

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 6 (b)   (Open Space “B” Zone)

1 Objectives of zone

The objectives are:

(a)  to allow the continued use of specific recreational facilities on privately owned land, and

(b)  to permit compatible ancillary uses.

2 Without development consent

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

3 Only with development consent

Buildings for the purposes of landscaping, gardening or bushfire hazard reduction; clubs; recreation areas; recreation facilities; refreshment rooms; tourist facilities.

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 7 (a)   (Wetlands Protection Zone)

1 Objectives of zone

The objective is to protect water quality and supply so that the continuing operation of wetland ecosystems is not jeopardized.

2 Without development consent

Nil.

3 Only with development consent

Agriculture (other than intensive animal husbandry and aquaculture); environmental education facilities; roads; tourist facilities; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 3.

Zone No 7 (b)   (Environmental Protection (Habitat) Zone)

1 Objectives of zone

The objectives are:

(a)  to protect the environmental qualities and values of natural habitats, and

(b)  to permit the roads and services to cross habitat areas in a manner that has minimal adverse impacts on habitat values.

2 Without development consent

Nil.

3 Only with development consent

Advertisements; recreation areas (other than sporting fields); roads; utility installations (other than radio or television transmission towers).

4 Prohibited

Any purpose other than a purpose included in Item 3.

Zone No 7 (d)   (Scenic Protection Zone)

1 Objectives of zone

The objective is to conserve the environmental and scenic quality of visually significant land by controlling development so that it will accord with the appearance of the landscape.

2 Without development consent

Nil.

3 Only with development consent

Agriculture (other than intensive animal husbandry and aquaculture); dwelling-houses; home activities; recreation establishments; roads; tourist facilities; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 3.

Zone No 7 (f1)   (Coastal Lands Protection Zone)

1 Objectives of zone

The objectives are:

(a)  to conserve the scenic quality and natural characteristics of foreshore land, and

(b)  to permit productive use of such land where the use does not prejudice its conservation value.

2 Without development consent

Nil.

3 Only with development consent

Agriculture (other than intensive animal husbandry and aquaculture); dams; drainage; dwelling-houses; home activities; recreation establishments; roads; sand extraction; surf life saving clubs; tourist facilities; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 3.

Zone No 7 (f2)   (Coastal Lands Acquisition Zone)

1 Objectives of zone

The objective is to prevent inappropriate development of land which should be purchased by the State in order to conserve it as an important part of the coastal landscape.

2 Without development consent

Nil.

3 Only with development consent

Agriculture (other than intensive animal husbandry and aquaculture); dams; drainage; dwelling-houses; roads; surf life saving clubs; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 3.

Zone No 7 (h)   (Historic Lands Protection Zone)

1 Objectives of zone

The objectives are:

(a)  to conserve items and areas of historic significance, and

(b)  to retain the productive use of land provided the conservation of such items and areas is not prejudiced.

2 Without development consent

Nil.

3 Only with development consent

Agriculture (other than intensive animal husbandry and aquaculture); dams; drainage; dwelling-houses; home activities; roads; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 3.

Zone No 8 (a)   (Existing National Parks, Nature Reserves and Lands Available for Recreation Zone)

1 Objectives of zone

The objectives are:

(a)  to conserve the scenic and environmental qualities of the land, and

(b)  to permit such land to be used as National Parks, State Recreation Areas or for certain other recreational and educational purposes of both, and

(b)  to enable the effective and efficient management of lands reserved or dedicated under the National Parks and Wildlife Act 1974.

2 Without development consent

Purposes authorised under the National Parks and Wildlife Act 1974.

3 Only with development consent

Nil.

4 Prohibited

Any purpose other than a purpose included in Item 2.

Zone No 8 (b)   (Proposed National Park Extension Zone)

1 Objectives of zone

The objectives are:

(a)  to conserve the natural characteristics of the land which is proposed to be acquired for reservation or dedication under the National Parks and Wildlife Act 1974 as a national park or nature reserve, and

(b)  to retain the productive use of such land provided its conservation value is not impaired.

2 Without development consent

Agriculture (other than intensive animal husbandry the clearing of trees and native vegetation or the erection of sheds or other outbuildings associated with agriculture); purposes authorised under the National Parks and Wildlife Act 1974.

3 Only with development consent

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

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

cl 9, table: Am 17.2.1989. Subst 6.7.1990. Am 4.10.1991; 11.2.1994; 1.7.1994; 3.11.1995; 18.10.1996; 11.7.1997; 8.2.2002.

Part 3 Special provisions

10 Acquisition of reserved lands

(1)  The owner of any land:

(a)  within Zone No 6 (a), or

(b)  within Zone No 7 (f2),

may, by notice in writing, require:

(c)  the Council, or

(d)  the corporation,

respectively, to acquire the land.

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

(3)  Until the land referred to in subclause (1) is acquired, development for any purpose may, with the consent of the Council, be carried out on that land.

(4)  The Council shall not grant consent as referred to in subclause (3) to the development of land unless it is satisfied that the carrying out of the development will not adversely affect the usefulness of the land for the purposes for which it is reserved.

(5)  The owner of any land within Zone No 8 (b) may, by notice in writing, require the Minister administering the National Parks and Wildlife Act 1974 to acquire the land.

(6)  On receipt of a notice referred to in subclause (5), the Minister administering the National Parks and Wildlife Act 1974, or the Minister’s lawful delegate under that Act, shall acquire the land to which the notice relates.

11 Subdivision generally

A person shall not subdivide land except with the consent of the Council.

12 Subdivision—flood prone land

(1)  The Council must not consent to the subdivision of land in Zone No 1 (c), 2 (a), 2 (b1), 2 (b2), 2 (c) or 2 (v) unless the Council is satisfied that:

(a)  the land is outside the limit of the 1 in 100 year flood and is not subject to an unacceptable risk from localised flooding during a 1 in 20 year storm event, or

(b)  in the case of land within Zone No 1 (c), the allotments to be created by the subdivision each include not less than 1000 square metres of land which is outside the limit of the 1 in 100 year flood and whch is not subject to an unacceptable risk from localised flooding during a 1 in 20 year storm event, or

(c)  in the case of land in Zone No 2 (a), 2 (b1), 2 (b2), 2 (c) or 2 (v), the allotments to be created by the subdivision each include not less than 500 square metres of land which is outside the limit of the 1 in 100 year flood and which is not subject to an unacceptable risk from localised flooding during a 1 in 20 year storm event.

(2)  The Council shall not consent to the subdivision of land in Zone No 1 (g) unless it is satisfied that a minimum of 1,000 square metres of each proposed allotment is above the 1 in 100 year flood level or the highest flood level for that area, and is suitably located on the allotment.

(3)  In this clause:

1 in 100 year flood means a flood calculated by the Council to have a recurrence interval of 100 years on average, that is a 1% chance of being equalled or exceeded in any one year.

1 in 20 year storm event means a rainfall event calculated by the Council to have a 5% chance of occurring in any one year.

cl 12: Subst 4.10.1991. Am 1.7.1994.

13 Subdivision—connection of water supply

The Council shall not consent to the subdivision of land in Zone No 1 (c) (other than at Arakoon, South West Rocks) having an area of not more than 10 hectares, or of land in Zone No 2 (a), 2 (b1), 2 (b2), 2 (c) or 2 (v), unless each lot proposed to be created by the subdivision has a reticulated water supply connected to it or arrangements satisfactory to Council have been made for the future provision of reticulated water supply to each lot.

cl 13: Am 25.11.1988; 2.8.1991.

14 Subdivision—connection to sewerage system

The Council shall not consent to the subdivision of land in Zone No 2 (a), 2 (b1), 2 (b2), 2 (c) or 2 (v) unless the Council is satisfied that each lot proposed to be created by the subdivision is connected to a sewerage system or arrangements satisfactory to the Council have been made for the future provision of a sewerage service to each lot.

15 Subdivision—frontage to arterial road

The Council shall not consent to the subdivision of land in Zone No 1 (a1) or 1 (a3) unless, where a lot proposed to be created by the subdivision has frontage to a main or arterial road, that frontage is not less than 400 metres.

16 Subdivision—minimum lot sizes

(1)  The Council shall not consent to the subdivision of land unless each allotment proposed to be created by the subdivision has an area of at least:

(a)  in the case of land within Zone No 1 (a1), 1 (a3), 1 (d), 1 (e), 7 (a), 7 (d), 7 (f1), 7 (f2) or 8 (b)—40 hectares,

(b)  in the case of land within Zone No 1 (c)—1 hectare,

(c)  in the case of land within Zone No 1 (g)—8 hectares,

(d)  in the case of land within Zone No 2 (a), 2 (b1) or 2 (v)—0.05 hectares, or

(e)  in the case of land within Zone No 2 (b2) or 2 (c)—0.08 hectares.

(2)  Nothing in subclause (1) shall operate to prohibit the erection of a residential flat building in Zone No 2 (b2) or 2 (c) on any allotment of land which was in existence as a separate allotment of land on the appointed day.

(3)  The Council may consent in respect of an application to subdivide land within Zone 1 (a1) or 1 (a3) so as to create an allotment of less than 40 hectares, but only if the Council is satisfied that:

(a)  the allotment is intended to be used for a purpose (other than agriculture or a dwelling-house) for which it may be used without or only with the consent of Council, and

(b)  the ratio of depth to frontage is satisfactory having regard to the purpose for which the allotment is intended to be used.

(4)  The Council may consent to an application to subdivide land with Zone No 1 (a1), 1 (a3), 1 (c) or 1 (g) under the provisions of the Community Land Development Act 1989 so as to create an allotment of less than the minimum lot size for that zone only if the Council is satisfied that:

(a)  the allotment to be created is intended to be used for a purpose (other than agriculture or a dwelling-house) for which it may be used without or only with the consent of Council, and

(b)  the ratio of depth to frontage of each allotment to be created is satisfactory having regard to the purpose for which the allotment is intended to be used.

cl 16: Am 6.7.1990; 4.10.1991; 1.7.1994.

16A Subdivision—residential zones

(1)  This clause applies to land within Zone No 2 (a), 2 (b1), 2 (b2), 2 (c), 2 (d) or 2 (v).

(2)  Notwithstanding clauses 11, 12 and 16 (1) (d) and (e), the development consent of the Council is not required for the subdivision under the Strata Titles Act 1973 of a building or buildings where:

(a)  the building or buildings were erected pursuant to a development consent granted by the Council in accordance with the provisions of this plan, and

(b)  the building or buildings have been completed and a building certificate issued for it or them by the Council under Part 4 of Chapter 7 of the Local Government Act 1993.

(3)  Notwithstanding clauses 11, 12 and 16 (1) (d) and (e), the Council may grant consent to the subdivision of a building or buildings and the land on which they are situated into lots of any size, if:

(a)  in the case of cluster housing, a dual occupancy building, a multiple dwelling or residential flat building, such building or buildings:

(i)  was or were erected in accordance with a development consent granted by the Council, or

(ii)  complies or comply with or is or are capable of complying, with the Local Government Act 1993 where such building or buildings were lawfully erected prior to 29 May 1987 (the day on which Kempsey Local Environmental Plan 1987 came into force) or,

(b)  in the case of a non-residential building, or buildings, the Council is satisfied that adequate access, parking facilities and services are available to the land.

cl 16A: Ins 18.10.1996.

17 Dwelling-houses—minimum allotment sizes

(1)  This clause applies to land within Zone No 1 (a1), 1 (a3), 1 (c), 1 (d) or 7 (f1).

(2)  In this clause, existing holding means:

(a)  except as provided by paragraph (b), the area of a lot, portion or parcel of land as it was on 29 July 1988, or

(b)  whereas at 29 July 1988 a person owned 2 or more adjoining or adjacent lots, portions or parcels or land, the aggregation of the area of those lots, portions or parcels as they were as at that day.

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

(a)  the allotment has an area of not less than:

(i)  in the case of land within Zone No 1 (a1), 1 (a3) or 1 (d)—40 hectares,

(ii)  in the case of land within Zone No 1 (c)—1 hectare,

(iii)  in the case of land within Zone No 1 (g)—8 hectares, or

(iv)  in the case of land within Zone No 7 (f1)—40 hectares, or

(b)  the allotment comprises the whole of an existing holding the area of which is less than 40 hectares and on which no dwelling-house is erected and the Council is satisfied that:

(i)  there is adequate vehicular access to the proposed dwelling-house,

(ii)  the erection of a dwelling-house will not create or increase ribbon development along a main road, and

(iii)  adequate public utility services are or will be available to the proposed dwelling-house.

(4)  A person may, with the consent of the Council, erect one additional dwelling-house on land within Zone No l (a1) or 1 (a3) having an area of not less than 40 hectares, if:

(a)  the Council is satisfied that the dwelling-house will be used or occupied by a person engaged by the owner of that land in the pursuit of agriculture or aquaculture on that land or on land adjacent to or adjoining that land,

(b)  the needs of existing agriculture or aquaculture genuinely require that the person referred to in paragraph (a) reside on the site, and

(c)  the land on which the dwelling-house is intended to be erected is consolidated with the land on which the first dwelling-house is erected.

(5)  Subject to subclause (6), a person may, with the consent of the Council, erect a dwelling-house on an allotment of land to which this clause applies on which another dwelling-house is erected.

(6)  The Council shall not grant consent to the erection of a dwelling-house as referred to in subclause (5) unless the Council is satisfied that the dwelling-house is intended to wholly replace the dwelling-house erected on the land to which the consent relates.

(7)  Nothing in this clause prevents the Council from consenting to the erection of a dwelling-house on an allotment within Zone Nos 1 (a1), 1 (a3), 1 (c) or 1 (g), being an allotment:

(a)  created in accordance with a consent granted before the appointed day, and

(b)  on which a dwelling-house could have been erected immediately before the appointed day.

(8)  Nothing in this clause prevents the Council from consenting to the erection of a dwelling-house on land within Zone No 1 (d) or 7 (h) lawfully in existence as a separate allotment before the appointed day or from consenting to the erection of a dwelling-house on an allotment of land within Zone No 1 (a3) created pursuant to clause 35 and Schedule 5.

cl 17: Am 29.7.1988; 6.7.1990; 2.8.1991; 4.10.1991; 24.12.1993; 1.7.1994.

17A Home activities

(1)  The Council may consent to the use of land for the exposure or offer for sale of items by retail from premises in which home activities are permissible under this plan.

(2)  Before granting such a consent, the Council must be satisfied that:

(a)  adequate vehicular access and parking is available for customers at the premises, and

(b)  the use of the premises for that purpose is compatible with the locality and would not be more appropriately located in a commercial area, and

(c)  the use of the premises for that purpose will not have a detrimental impact on any commercial area servicing the locality.

(3)  The Council must not grant such a consent unless it is satisfied:

(a)  that only items prepared, manufactured or otherwise the product of a home activity on the relevant land will be sold from that land, and

(b)  that those goods will not be exposed to view from any public place.

cl 17A: Ins 10.6.1994. Subst 3.11.1995.

18 Setback in Zones Nos 1 (a1), 1 (a3), 1 (c), 1 (g) and 2 (v)

(1)  A person shall not, on an allotment of land which is within Zone No 1 (a1), 1 (a3), 1 (c) or 1 (g) and which has frontage to a main or arterial road:

(a)  erect a building for the purpose of a motel:

(i)  where the road is wider than 40 metres—closer than 45 metres to the nearest alignment of the road, or

(ii)  where the road is not wider than 40 metres—closer than 65 metres to the centre line of the road,

(b)  erect a building for the purpose of an industry:

(i)  where the road is wider than 40 metres—closer than 30 metres to the nearest alignment of the road, or

(ii)  where the road is not wider than 40 metres—closer than 65 metres to the centre line of the road, or

(c)  erect a building for any other purpose:

(i)  where the road is wider than 40 metres—closer than 18 metres to the nearest alignment of the road, or

(ii)  where the road is not wider than 40 metres—closer than 38 metres to the centre line of the road.

(2)  A person shall not, on an allotment of land which is within Zone No 2 (v) and which has frontage to a main or arterial road, erect a building for any purpose:

(a)  where the road is wider than 40 metres—closer than 10 metres to the nearest alignment of the road, or

(b)  where the road is not wider than 40 metres—closer than 30 metres to the centre line of the road.

(3)  Subclauses (1) and (2) do not prevent a person, with the consent of the Council, from erecting a building on land within Zone No l (a1), 1 (a3), 1 (c), 1 (g) or 2 (v) (being a building which is incidental to the use of the land for agriculture) otherwise than in accordance with the requirements of those subclauses where, in the opinion of the Council:

(a)  the physical condition of the land renders it impracticable for such a building to be erected in accordance with those requirements, and

(b)  the erection of the proposed building will not:

(i)  create a traffic hazard, or

(ii)  create or increase ribbon development along a main or arterial road.

(4)  This clause does not apply to land within Zone No 2 (v) in Frederickton, Gladstone, Bellbrook, Jerseyville, Kinchela, Smithtown, Stuarts Point or Willawarrin.

cl 18: Am 4.10.1991.

18A Development of land within Zone No 5 (a), 5 (b), 6 (a) or 6 (b)

Despite any other provision of this plan, the Council may consent to development of land within Zone No 5 (a), 5 (b), 6 (a) or 6 (b) for commercial purposes or community purposes if use of the land for that purpose is, in the opinion of the Council, occasional, infrequent or subordinate to, but compatible with, the primary use of the land.

cl 18A: Ins 1.7.1994.

19 Landclearing in Zones Nos 7 (a), 7 (d), 7 (f1) and 7 (f2)

A person shall not, on land within Zone No 7 (a), 7 (d), 7 (f1) or 7 (f2):

(a)  cut down, top or lop any tree which has a height of 3 metres or more, or

(b)  alter the ground level of the land,

except with the consent of the Council.

19A Clearing of land within Zones Nos 1 (a1), 1 (a3), 1 (c), 1 (d) and 1 (g)

(1)  This clause applies to land within Zone No 1 (a1), 1 (a3), 1 (c), 1 (d) or 1 (g).

(2)  Despite any other provision of this plan, the clearing of land to which this clause applies does not require development consent where, in the opinion of the Council, it is necessary to maintain the agricultural viability of the land.

cl 19A: Ins 11.2.1994.

20 Development in Zones Nos 7 (f1) and 7 (f2)

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

(2)  The Council shall not consent to the carrying out of development on land to which this clause applies except with the concurrence of the Director.

(3)  In considering whether to grant concurrence under subclause (2), the Director shall take into consideration the likelihood of the development:

(a)  adversely affecting, or being adversely affected by, the behaviour of the sea, any arm of the sea or any bay, inlet, lagoon, lake, body of water, river, stream, or watercourse,

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

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

21 Filling of land

(1)  A person shall not place fill on any land to which this plan applies except with the consent of the Council.

(2)  The Council may grant consent only if, in the opinion of the Council, the placing of fill will not have an adverse environmental impact.

cl 21: Am 1.7.1994.

22 Development in Zone No 8 (b)

(1)  Where an application for consent to the carrying out of development on land within Zone No 8 (b) is made to the Council, the Council shall furnish a copy of the application to the Director of National Parks and Wildlife.

(2)  Where, within 40 days after a copy of an application has been furnished to the Director of National Parks and Wildlife in accordance with subclause (1), the Director of National Parks and Wildlife gives written notice to the Council of any matter relevant to the development to which the application relates, the Council shall, before determining the application, make an assessment of the matters referred to in the notice.

23 Community use of school sites etc

Notwithstanding any other provision of this plan, the Council may consent:

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

(b)  to the commercial operation of those facilities and sites, and

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

24 Height restrictions in Zone Nos 2 (a), 2 (b1), 2 (b2), 2 (c), and 2 (v)

(1)  The Council shall not consent to the erection, on and within Zone No 2 (a), 2 (b1), 2 (c) or 2 (v) of a building:

(a)  which contains more than 2 storeys, or

(b)  in the case of a building of 2 storeys, having a topmost floor with a ceiling level more than 6.2 metres above the level of the natural surface.

(2)  Subclause (1) does not operate so as to prohibit the Council from consenting to the erection of a 2 storey building on land where, because of the local topography, it is impracticable to erect a 2 storey building on the land in compliance with that subclause.

(3)  The Council shall not consent to the erection of a building on land within Zone No 2 (b2) which contains more than 3 storeys.

cl 24: Subst 6.7.1990. Am 1.7.1994.

25 Height restrictions in Zones Nos 3 (a) and 3 (v)

The Council shall not consent to the erection of a building which contains:

(a)  in the case of land within Zone No 3 (a) in the village of Crescent Head—more than 2 storeys, or

(b)  in the case of land within Zone No 3 (v)—more than 3 storeys.

26 Items of the environmental heritage

(1)  A person shall not, in respect of a building or work within a conservation area or in respect of a building, work, relic or place that is an item of the environmental heritage:

(a)  demolish, renovate or extend any such building or work,

(b)  damage or despoil any such relic or any part of any such relic,

(c)  excavate any land for the purpose of exposing or removing any such relic, or

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

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

except with the consent of the Council.

27 Conservation area

A person shall not, in respect of a conservation area:

(a)  demolish, extend or change the outside of a building or work within that area, including changes to the outside of a building or work that involve the repair or the painting, plastering or other decoration of the outside of the building or work,

(b)  damage or despoil a relic or part of a relic within that area,

(c)  excavate any land for the purpose of exposing or removing a relic within that area,

(d)  erect a building within that area, or

(e)  subdivide land within that area,

except with the consent of the Council.

28 Conservation incentive relating to heritage items

(1)  Nothing in this plan prevents the Council from granting consent to:

(a)  the use for any purpose of a building within a conservation area or of the land on which that building is erected, or

(b)  the use for any purpose of a building that is an item of the environmental heritage or of the land on which that building is erected,

where the Council is satisfied that:

(c)  the use would have little or no adverse effect on the amenity of the area, and

(d)  conservation of the building depends on the Council granting consent in pursuance of this subclause.

(2)  The Council, when considering an application to erect a building on land upon which there is a building which is an item of the environmental heritage, may exclude from its calculation of the floor space of the buildings erected on the land the floor space of the item of the environmental heritage:

(a)  for the purposes of determining the floor space ratio, and

(b)  for the purposes of determining the number of parking spaces to be provided on the site,

but only if the Council is satisfied that the conservation of the building depends upon the Council granting consent in pursuance of this subclause.

29 Heritage Council to be given prior notice of demolition consent

Where a person makes a development application to demolish a building or work that is an item of the environmental heritage or within a conservation area, the Council shall not grant consent to that application until the Council has notified the Secretary of the Heritage Council of its intention to do so.

30 Advertising of heritage applications

(1)  Subject to subclause (2), the provisions of sections 84, 85, 86, 87 (1) and 90 of the Act apply to and in respect of:

(a)  the demolition of a building or work within a conservation area,

(b)  the demolition of a building or work that is an item of the environmental heritage, and

(c)  the use of a building or land referred to in clause 28 (1) for a purpose which, but for that clause, would be prohibited under this plan,

in the same way as those provisions apply to and in respect of designated development.

(2)  Subclause (1) does not apply to the partial demolition of a building or work where, in the opinion of the Council, the partial demolition is of a minor nature and does not adversely affect the significance of the building or work as part of the environmental heritage of the Shire.

31 Dwelling-houses—dual occupancy

(1)  This clause applies to land within Zone No 1 (a1), 1 (a3), 1 (c) or 1 (g).

(2)  Where, in pursuance of this plan, development for the purpose of a dwelling-house may be carried out on an allotment of land to which this clause applies, a person may, with the consent of the Council:

(a)  erect a dual occupancy building on the allotment of land, or

(b)  alter or add to a dwelling-house erected on the allotment of land so as to create a dual occupancy building.

(3)  The Council must not grant consent as referred to in subclause (2) unless:

(a)  one of the resulting dwellings is not more than 90 square metres in area, and

(b)  both dwellings are under the one roof or are within 5 metres of each other and joined by a patio or breezeway covered by a roof, and

(c)  the Council is satisfied that there is a sufficient water and energy supply for domestic purposes available to the occupants of both dwellings, and

(d)  the Council is satisfied that there is an adequate area for long term waste-water disposal (including sewage effluent disposal) from the dwellings.

(4)  Where, in accordance with this clause, a dwelling-house is altered or added to or is proposed to be altered or added to, or a building is erected or proposed to be erected, on land in respect of which development for the purposes of a residential flat building is prohibited, the separate occupation of the several lots illustrated by a proposed strata plan relating to that building is prohibited.

(5)  For the purpose of enabling development to be carried out in accordance with this clause (as in force at the time the development is carried out) or in accordance with a consent granted under the Act in relation to development carried out in accordance with this clause (as so in force) any agreement, covenant or instrument imposing restrictions as to the erection of buildings for certain purposes, to the extent necessary to serve that purpose, shall not apply to the development.

(6)  Pursuant to section 28 of the Act before the making of this clause the Governor approved of subclause (5).

cl 31: Am 12.8.1988; 26.5.1989; 4.10.1991; 1.7.1994.

32 Development on land within Zone No 7 (d)

(1)  The Council shall not consent to the carrying out of development on land within Zone No 7 (d) unless it is satisfied that the development will not detract from the scenic quality of the land or the topographic feature of which the land is a part.

(2)  The Council shall not consent to the erection of a building on land within Zone No 7 (d) unless it is satisfied:

(a)  that the building has been designed and sited so as to minimize disturbance to the natural appearance of the land from urban areas, arterial roads and scenic viewpoints, and

(b)  that the erection of the building will result in as little clearing or lopping of trees as possible.

33 Floor space ratios

The Council shall not consent to the erection of a building which has a floor space ratio of more than:

(a)  in the case of land within Zone No 3 (a)—2:1,

(b)  in the case of land within Zone No 3 (b)—1:1,

(c)  in the case of land within Zone No 3 (c)—0.5:1,

(d)  in the case of land within Zone No 3 (v)—1.5:1, or

(e)  in the case of land within Zone No 4 (a)—0.5:1.

34 Motels

The Council shall not consent to the erection of a motel:

(a)  on an allotment of land within Zone No 1 (a1) or 1 (a3) unless the allotment has:

(i)  a site area of not less than 4 hectares, and

(ii)  a road frontage of not less than 200 metres, or

(b)  on an allotment of land within Zone No 2 (b2), 2 (c), 2 (v) or 3 (c) unless the allotment has:

(i)  a site area of not less than 0.09 hectares, and

(ii)  a road frontage of not less than 36 metres,

and unless the motel occupies:

(iii)  in the case of a 1 storey motel—not more than 40 percent of the allotment, or

(iv)  in the case of a 2 storey motel—not more than 30 percent of the allotment, or

(v)  in the case of a motel which has 3 or more storeys—not more than 20 per cent of the allotment.

cl 34: Subst 6.7.1990.

35 Development for additional purposes

(1)  Nothing in this plan prevents a person, with the consent of the Council, from carrying out development on land referred to in Schedule 2 for a purpose specified in relation to that land in that Schedule, subject to such conditions, if any, as are so specified.

(2)  Subclause (1) does not affect the application, to or in respect of development to which that subclause applies, of such provisions of this plan as are not inconsistent with that subclause or with a consent granted by the Council in respect of that development.

cl 35: Am 10.6.1994.

36 Development in Open Space zones

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

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

(b)  the impact of the proposed development on the existing or likely future use of the land, and

(c)  the need to retain the land for its existing or likely future use.

37 Development on certain lands

Nothing in this plan prevents a person, with the consent of the Council, from carrying out development on the land referred to in Column 1 of the Schedule below for the purposes specified in Column 2 of that Schedule shown opposite that land, subject to any conditions specified in Column 2 of that Schedule.

Column 1	Column 2
Portion 132, Parish of Kinchela.	Subdivision into four lots.
Lot 11, DP 237399, Parish of Beranghi.	Subdivision into three lots.
Lot 12, DP 546667, Parish of Kinchela.	Subdivision into two lots.
Part lot 3, section 40, corner Druitt and Railway Streets, South Kempsey.	Canteen in association with industrial uses permissible on lot 8 and part lot 9, section 40, corner Bloomfield and Railway Streets, South Kempsey.
Part Reserve 69870 for public recreation, being part of South Kempsey Park, at the corner of Lachlan and Middleton Streets, South Kempsey as shown edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 10)”.	Aboriginal gallery and keeping place.
Lot 1742, DP 554776, lots 1, 2 and 3, DP 635097, and lots 2, 3 and 4, DP 262264, Parish Yarravel.	Subdivision into lots of not less than 0.4 hectares.
Lot 1, DP 502870, Parish Yarravel.	Subdivision into 2 lots.
Lots 1 to 7, DP 719849, Parish of Yarrahapinni.	Erection of a dwelling-house on each allotment.
Part lot 461, DP 575826, Parish of Beranghi.	Subdivision into two lots.
Part portion 148, Parish of Arakoon.	Erection of a motel.
Part Lot 705, DP 749885, Parish of Palmerston, near Crescent Head as shown edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 12)”.	Subdivision comprising the excision of an allotment of not less than 5 hectares for purposes of a sportsground and associated club.
Part Portion 251, Parish of Kinchela as shown edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 14)”.	Erection of a dwelling-house.
Lots 7 to 10, Section 24, Pacific Highway, South Kempsey, as shown edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 15)”.	Erection of a motel and restaurant.
Lot 1, DP 102209, Cooper Street, Spencerville, as shown edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 15)”.	Establishment of a tourist facility.
Lot 1, DP 780682, Little Rudder Street, East Kempsey, Parish of Kempsey.	Restaurant and wedding reception centre.
Lot 4, DP 261638, Parish of Yarravel.	Subdivision into three allotments.
Rudder Park, East Kempsey.	Establishment of a FM community radio station.
Lot 1, DP 560806, Cochrane Street, West Kempsey.	Erection of a dwelling-house.
Lots 15 and 16, DP 37215, Verge Street, Central Kempsey.	Hire equipment storage.
Land within Zone No 1 (g), Parish of Yarrabandini, as shown edged heavy black on Sheet 2 of the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 38)”.	Subdivision into lots of not less than 4.0 hectares and the erection of a dwelling-house on each resulting allotment.
Lot 286, DP 720834 and Lot 294, DP 722646, Loftus Road, Crescent Head, Parish of Beranghi, as shown edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 27).	Erection of up to 14 dwelling-houses.
Lots 43 and 44, DP 808194, Frederick Kelly Street, South West Rocks, as shown edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 43)”.	Concrete batching plant, as set out in the development proposal by Slattery de Groot and Partners, reference number 92079, plans numbered 92079—1, 2 and 3, held in the office of the Council.
Part Reserve No 89265, Gordon Young Drive, South West Rocks, as shown edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 45)”.	Community purposes.
Part Lot 156, DP 754419 and part Lot 1, DP 57858, Little Rudder Street, East Kempsey, as shown edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 47)”.	Restaurant, conference centre and canoe hire.
Lots 8, 9 and 10, DP 263801, Nos 121–125 Leith Street, West Kempsey, as shown edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 47)”.	Medical facility including a pathology and research centre, meaning a building or place in which biological and pathological testing of samples is undertaken and includes: (a)  consulting rooms relating to pathology, and (b)  facilities for instruction of specialist students (or other small groups) in biological and pathological matters.
Lot 561, DP 574185, 1052 South West Rocks Road, Austral Eden.	Roadside stall not exceeding 60m2 in floor area.
Lot 9, DP 30587, Harold Walker Avenue, West Kempsey, as shown edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 68)”.	Office Space.
So much of Lots 297 and 298, DP 722758, Lachlan Street, South Kempsey, as is shown edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 75)”.	Museum extension.
Lot 7, DP 20188, and known as Nos 71–73 Mitchell Street, South West Rocks, as shown edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 75)”.	Ambulance station; community health facility.
Lots 1 and 8, DP 724307 and Lot 1, DP 106205, Railway Street, South Kempsey, as shown edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 78)”.	Community purposes.
Lot 17, DP 90125, Smith Street, Kempsey.	Hardware store.
Lot 1, DP 651581 and Lot 6, DP 759080, Lachlan Street, South Kempsey, as shown edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 82)”.	Mower centre.
Lot 2, DP 569841, 108 Crescent Head Road, Kempsey, as shown edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 84)”.	Primary School.
Lots 1, 2, 12 and 13, DP 759080, Queen Street, South Kempsey, as shown edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 85)”.	Public building.
Lot 50, DP 1025337, Gregory Street, South West Rocks, as shown edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 90)”.	Community health facility.
Lot 104, DP 807723, Cochrane Street, West Kempsey, as shown edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 87)”.	Self-storage units.
Part Lot 17, DP 1076438, Smith Street, Kempsey, as shown edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 92)”.	Storage shed ancillary to a hardware store.
Lot 1, DP 196559, Beranghi Road, Crescent Head, as shown partly coloured light brown, edged heavy black and lettered “1 (a1)” and partly coloured light green, edged heavy black and lettered “7 (b)” on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 96)” (the rezoning map).	Subdivision under the Community Land Development Act 1989 so as to create 11 community development lots (being the 11 lots shown coloured light brown, edged heavy black and lettered “1 (a1)” on the rezoning map) and one lot that is community property (being the residue of the land shown coloured light green, edged heavy black and lettered “7 (b)” on the rezoning map) and the erection of a single dwelling-house on each of the community development lots so created.
Lot 19, DP 752436, Diamond Flat Trail, Comara.	Eco-tourist facility, meaning a building or place that: (a)  provides temporary or short-term accommodation to visitors on a commercial basis, and (b)  is located in or adjacent to an area with special ecological or cultural features, and (c)  is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact, and (d)  may include facilities that are used to provide information or education to visitors and to exhibit or display items.
Lot 2454, DP 610363, South Kempsey.	Highway service centre, which has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

cl 37: Am 19.2.1988; 24.6.1988; 12.8.1988; 25.11.1988; 25.8.1989; 25.5.1990; 9.11.1990; 23.8.1991; 14.2.1992; 28.1.1994; 4.2.1994; 11.2.1994; 5.8.1994; 13.1.1995; 22.9.1995; 27.3.1998; 24.3.2000; 10.8.2001; 31.8.2001; 8.3.2002; 18.10.2002; 11.7.2003; 9.7.2004; 27.8.2004; 2005 (620), cl 4; 2008 (129), Sch 1 [2] [3]; 2010 (777), Sch 1 [2]; 2012 (164), Sch 1 [2]; 2013 (382), cl 4.

37A (Repealed)

cl 37A: Ins 9.11.1990. Rep 1.7.1994.

38 Development along arterial roads

(1)  The Council shall not grant consent to an application to develop land which has a frontage to an arterial road unless, in the opinion of the Council:

(a)  access to that land is provided by a road other than the arterial road, wherever practicable, and

(b)  the safety and efficiency of the arterial road will not be adversely effected by the development of that land by:

(i)  the design of the access to that land,

(ii)  the emission of smoke or dust from that land, and

(iii)  the nature, volume or frequency of vehicles turning to and from the arterial road to the access to that land.

(2)  The Council shall not consent to the development of rural land for the purposes of:

(a)  bulk stores,

(b)  caravan parks,

(c)  car repair stations,

(d)  commercial premises,

(e)  hotels,

(f)  industries (other than home or rural industries),

(g)  junk yards,

(h)  mines,

(i)  motels,

(j)  places of public assembly,

(k)  recreation facilities,

(l)  refreshment rooms,

(m)  retail plant nurseries,

(n)  roadside stalls,

(o)  sawmills,

(p)  service stations,

(q)  stock and sales yards,

(r)  transport terminals (other than bus stations), or

(s)  warehouses,

if the development of the land for that purpose will provide direct access to an arterial road or to a road connecting an arterial road, and the access to that road is within 90 metres (measured along the road alignment of the connecting road) of the alignment of the arterial road.

39 Foreshore building lines

(1)  The Council may, by resolution, fix a line (in this clause called a foreshore building line) in respect of any land fronting any bay, creek, harbour, river, lake or lagoon.

(2)  A foreshore building line shall, when fixed in accordance with subclause (1), be marked upon a plan and the plan shall be available for inspection by the public during the office hours of the Council.

(3)  The Council may, by resolution, alter or abolish any foreshore building line where the levels, depth or other exceptional features of the site make it necessary or expedient to do so.

(4)  Except as provided by subclause (5), a building shall not be erected between a foreshore building line and the bay, creek, harbour, river, lake or lagoon in respect of which the line is fixed.

(5)  The Council may, after consideration of the probable aesthetic appearance of the proposed structure, in relation to the foreshore, consent to the erection of:

(a)  boatsheds,

(b)  wharves,

(c)  jetties, or

(d)  structures or works below or at the surface of the ground, between a foreshore building line and the bay, creek, harbour, river, lake or lagoon in respect of which the line is fixed.

(6)  A line shown on the map by a broken black line and the letters “F.S.B.L.” shall be deemed to be a foreshore building line fixed in accordance with subclause (1).

40 Development on land in the Parish of Arakoon

(1)  This clause applies to part lot 501, DP 709042, Parish Arakoon.

(2)  Subject to subclause (3), nothing in this plan prevents the Council from consenting to the development of the land to which this clause applies for the purposes of a tourist facility.

(3)  The Council shall not grant consent to development referred to in subclause (2) after the expiration of 3 years from the day upon which Kempsey Local Environmental Plan 1987 (Amendment No 9) took effect, or after such later date as the Minister may, before the expiration of that period of 3 years, notify by order published in the Gazette.

(4)  Nothing in subclause (3) prevents the Council from granting consent at any time to the carrying out of alterations or extensions to, or the rebuilding of, a building or place being used for a purpose for which consent has been granted in accordance with this clause.

(5)  In granting consent in accordance with this clause, the Council shall:

(a)  ensure provision is made in the design of the tourist facility to minimise any likely adverse impact from flooding,

(b)  ensure provision is made in the design of the tourist facility to minimise any likely adverse impact from existing hazardous industries,

(c)  ensure provision is made for 25 per cent of the stock of dwelling units remaining in the title of the development company, and

(d)  ensure provision is made for consultation regarding likely impact on adjoining public land.

cl 40: Ins 17.2.1989.

41 Development near aerodromes

(1)  A person shall not, on land shown hatched on the map:

(a)  erect a building of a height that exceeds the limitation specified in the Height Limitations Plan deposited in the office of the Council, or

(b)  carry out development for the purpose of:

(i)  a dam or reservoir, or

(ii)  the handling or storage of grain, or

(iii)  the disposal of refuse, or

(iv)  a sewerage treatment plant or effluent ponds, or

(v)  an abattoir, or

(vi)  a stockyard complex range,

except with the consent of the Council.

(2)  An application made for development consent to carry out any development described in subclause (1) shall be referred to the Civil Aviation Authority for comment where a building exceeds the height specified in the Obstacle Limitation Surface Plan deposited in the office of the Council.

(3)  In considering whether to grant consent to the development referred to in subclause (2), the Council shall take into account any comment furnished by the Civil Aviation Authority within 28 days for such longer period as may be agreed upon time to time before or after the expiration of the 28 day period) after referral of the application.

cll 41: Ins 6.7.1990.

42 Development on land at Fishermans Reach

(1)  This clause applies to part Lots 622 and 624, DP 554646, Lot 626, DP 788356, Lot 101, DP 580764 and Lots 1021 and 1022, DP 604102, Parish of Clybucca, shown on the map as land to which this clause applies.

(2)  Subject to subclause (3), nothing in this plan prevents the Council from consenting to the subdivision of the land to which this clause applies and the erection of a dwelling house on the resultant allotments.

(3)  In granting consent in accordance with this clause, the Council shall:

(a)  ensure that each allotment excised has a frontage to Marine Parade, and

(b)  ensure that each allotment excised has an area of not less than 0.05 hectares, and

(c)  ensure that the rear boundary of each allotment excised is not more than 75 metres distant from Marine Parade, and

(d)  ensure that residue allotment accommodate existing dwelling-houses.

cll 42: Ins 6.7.1990.

43 Development of land at South West Rocks

(1)  This clause applies to those parts of Portions 32, 95, 96 and 97, Parish of Arakoon, that are located within Zone No 7 (a) (Wetlands Protection Zone).

(2)  Subject to subclause (3), nothing in this plan prevents the Council from consenting to the erection of a dwelling-house on land to which this clause applies or to the subdivision of the land to which this clause applies and the erection of a dwelling-house on the resultant allotments.

(3)  In granting consent in accordance with this clause, the Council shall ensure that each allotment to be created has an area of not less than 4 hectares.

cl 43: Ins 6.7.1990. Am 28.1.1994.

44 Development of land at Crescent Head

(1)  This clause applies to Lot 704 and part Lot 705, DP 749885, Parish of Palmerston, shown by the hatched area on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 29)”.

(2)  Subject to subclause (3) and clause 32, nothing in this plan prevents the Council from consenting to the subdivision and development of the land to which this clause applies for the purposes of rural smallholdings and associated single dwelling-houses, provided that:

(a)  the average area of the lots in the subdivision is not less than 1.0 hectare, and

(b)  in each case, the subdivision does not contain lots less than 0.4 hectares in area.

(3)  Before granting any such consent, the Council shall:

(a)  ensure that land to which the clause applies will be developed in accordance with the objectives of Zone No 7 (d) (Scenic Protection), and

(b)  ensure that any clearing of land within Zone No 7 (d) will be of an absolute minimum, and

(c)  ensure that a reticulated water supply will be available to each allotment, and

(d)  ensure that the visual amenity of land within Zone No 1 (c) or 7 (d) will not be detrimentally affected by the development, and

(e)  ensure that the colours and building materials that will be used for the exterior of any building are visually acceptable in the locality.

(4)  A person shall not, on land which this clause applies, cut down, top or lop any tree without the consent of the Council.

cl 44: Ins 5.6.1992.

45 Development of land north of Fishermans Reach

(1)  This clause applies to Lots 21, 22 and 23, DP 812489, Parish of Yarrahapinni, as shown edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 36)”.

(2)  Nothing in this plan prevents the Council from consenting to the subdivision of land to which this clause applies in accordance with the Community Land Development Act 1989.

(3)  The Council is not to grant consent as referred to in subclause (2) unless it is satisfied that:

(a)  the subdivision is for the purposes of rural tourist facilities for which consent has been granted before the commencement of this clause, and

(b)  the scheme created will be managed and developed in a manner that will not be inconsistent with any conditions of that consent or adversely affect the agricultural use of land in the vicinity of the land to which this clause applies, and

(c)  any dwelling forming part of the rural tourist facilities will not be permanently occupied except as provided by subclause (4).

(4)  With the consent of the Council, a dwelling on each of Lots 21, 22 and 23, DP 812489 may be permanently occupied by managers of the rural tourist facilities.

cl 45: Ins 26.2.1993.

46 Development of land at Clybucca

(1)  This clause applies to the land shown edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 33)”.

(2)  Nothing in this plan prevents the Council from consenting to the subdivision and development of the land to which this clause applies as a whole under the Community Titles Legislation if the Council is satisfied as to the following:

(a)  the land will be subdivided into 12 allotments suitable for rural-residential use clustered on the flood free land in the western part of the property, and a single residue allotment owned in common,

(b)  the subdivision under the Community Titles Legislation will achieve common ownership of facilities serving the development, such as access roads, recreation facilities and other shared services and facilities,

(c)  development will be carried out on each of the rural-residential allotments resulting in the erection of a single dwelling house and other ancillary and compatible structures, and the use of those allotments for activities and works associated with residential living,

(d)  the residue allotment owned in common will continue to be a contiguous parcel of land and will be used primarily for agricultural purposes consistent with the zoning of the land,

(e)  appropriate environmental protection works will be undertaken for the protection of wetlands and Aboriginal Heritage sites,

(f)  appropriate rehabilitation works will be undertaken for those parts of the land to which this clause applies that are affected by past sand extractions.

(3)  The single residue allotment held in common must not be further subdivided even if such a subdivision would be allowed by other provisions of this plan.

(4)  Each of the 12 rural-residential allotments must be not less than 1 hectare and not more than 2 hectares in area.

(5)  In this clause, the Community Titles Legislation means the Community Land Development Act 1989 and the Community Land Management Act 1989.

cl 46 (previously cl 45): Ins 19.3.1993. Renumbered 1.7.1994.

47 Advertising restrictions in certain zones

(1)  The Council must not grant consent to the erection of an advertisement on land within a residential, rural, open space or environmental protection zone unless the advertisement is for the specific purpose of directing the travelling public to buildings or places of tourist interest and the Council is satisfied:

(a)  that the advertisement relates to a specific building or place, and

(b)  that the principal purpose of the advertisement is to direct the travelling public to that building or place, and

(c)  that the dimensions and overall size of the advertisement are not larger than would reasonably be required to so direct the travelling public.

(2)  This clause does not prevent the erection of a sign on land to which this clause relates with the consent of Council for the purpose of advertising goods or services provided or produced on that land.

cll 47–49: Ins 1.7.1994. Subst 1.5.1998.

48 Permissible outdoor advertising

(1)  Despite any other provision of this plan, development may be carried out on any land, without the consent of the Council, for the purpose of any one or more of the following:

(a)  any advertisement which is not visible from outside the boundaries of that site,

(b)  a sign, being an advertisement, which is not illuminated and which:

(i)  has an area of no more than 0.75 square metres and, a height of no more than 3 metres above the ground, and

(ii)  in respect of any place or premises to which it is affixed, contains only:

•  a reference to the identity or a description of the place or premises, or

•  a reference to the identity or a description of any person residing or carrying on an occupation at the place or premises, or

•  particulars of any occupation carried on at the place or premises, or

•  such directions or cautions as are usual or necessary relating to the place or premises or any occupation carried on at the place or premises, or

•  particulars of notifications required or permitted to be displayed by or under any Act (including any Commonwealth Act), or

•  particulars relating to the goods, commodities or services dealt with or provided at the place of premises, or

•  particulars of any activities held or to be held at the place or premises, or

•  a reference to any affiliation with a trade, professional or other association relevant to the business conducted on the place or premises,

(c)  signs generally referred to as “A frame” or “sandwich board” signs located on the footpath in a commercial or an industrial zone,

(d)  signs located on shops, offices and other business premises, which are not in a conservation area,

(e)  a real estate sign which is not displayed for more than 10 days after letting or completion of the sale of the premises or place to which the sign relates,

(f)  any, traffic management sign,

(g)  any public notice displayed by a public body giving information or directions about the services provided,

(i)  any sign placed on a public shelter, seating or street furniture, if the sign does not protrude from the structure and the Council has granted consent for the structure.

(2)  Despite subclause (1), development may be carried out on land for the purpose of a sign that is erected on an item of environmental heritage only with the consent of the Council.

cll 47–49: Ins 1.7.1994. Subst 1.5.1998.

49 Temporary advertising

(1)  Development may be carried out on any land without the consent of the Council, for the purpose of any advertisement, being one which is displayed for a period not exceeding 28 days in total in any one year and which relates to a specific sporting or cultural event.

(2)  Despite any other provisions of this plan, development may be carried out on any land with the Council’s consent for the purpose of an advertisement, being one which is displayed in conjunction with any Council approved residential or rural residential subdivision, and which advertises the sale of that land, but only if the Council is satisfied such advertisement is temporary in nature.

cll 47–49: Ins 1.7.1994. Subst 1.5.1998.

50 Certain changes to advertisements do not require development consent

Development involving only a change in the message, colour or appearance of an advertisement which did not require development consent or for which development consent was granted pursuant to this plan may be carried out without consent if, in the opinion of the Council, the changed advertisement is not significantly different from the original advertisement.

cl 50: Ins 1.7.1994.

51 Development of land at Dulconghi Mountain

(1)  This clause applies to Lots 2 and 3, DP 794159, Parish of Beranghi, as shown edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 31)”.

(2)  In granting consent, in accordance with any other provision of this plan, to development of land to which this clause applies, the Council shall:

(a)  ensure that provision has been made for the identification of watercourses as drainage reserves and for the protection of vegetation within those reserves,

(b)  ensure that the abovementioned drainage reserves extend from the designated wetlands under State Environmental Planning Policy No 14—Coastal Wetlands to the land within Zone No 7 (d), wherever possible,

(c)  ensure that each dwelling-house is so located within an allotment as to allow bushfire hazard reduction works to be contained within the allotment boundaries, and that such works will not encroach onto land within Zone No 7 (d) or the abovementioned drainage reserves,

(d)  ensure that a reticulated water supply is available to each allotment, to the satisfaction of the Council,

(e)  ensure adequate measures will be taken for the treatment and disposal of wastewater from any dwelling-house,

(f)  ensure that the colours and building materials to be used for the exterior of any building are approved by the Council prior to the release of any building approval and are visually acceptable in the locality, and

(g)  ensure that the character, location, siting, bulk, scale, shape, size, height, design and external appearance of any building or structure that will result from carrying out the development is such as to minimise the visual impact of the development.

(3)  The Council shall not consent to the erection of a building on land to which this clause applies which is more than 2 storeys in height from the natural surface level.

(4)  A person shall not, on land to which this clause applies within Zone No 1 (c), cut down, top or lop any tree without the consent of the Council.

(5)  The Council shall not grant consent to a subdivision of land to which this clause applies for the purpose of rural smallholdings after the expiration of 5 years from the day Kempsey Local Environmental Plan 1987 (Amendment No 31) took effect, or after such date as the Minister may, before the expiration of that period of 5 years, notify by order in the Gazette.

cl 51: Ins 1.9.1995.

52 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, Crown reserves and commons). 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 3 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 3 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 3:

(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 3, 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 3, 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 Lands Act 1989).

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 3.

cl 52: Ins 3.11.1995. Subst 2008 (501), Sch 1 [1].

53 Development adjacent to zone boundaries

(1)  A person may, with the consent of the Council, carry out development on land within 20 metres of the boundary between two zones for any purpose for which development consent may be granted in the adjoining zone.

(2)  The Council shall not grant consent as referred to in subclause (1) unless it is satisfied that:

(a)  the development is necessary due to the design characteristics of the proposed development or to ownership, servicing or similar requirements, and

(b)  the development if carried out will not operate so as to hinder the attainment of the objectives of either of the zones affected by the development.

(3)  For the purpose of this clause, development does not include subdivision.

cl 53: Ins 11.7.1997.

54 Development of land at Loftus Road, Crescent Head

(1)  This clause applies to land being Lot 521, DP 587923, Loftus Road, Crescent Head, as shown edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 49)”.

(2)  Nothing in this plan prevents the Council from consenting to the subdivision of the land to which this clause applies into 5 lots and the erection of a dwelling-house on each of the resulting vacant allotments if the area of each allotment created by the subdivision is not less than 1 hectare.

(3)  The Council must not grant consent to a subdivision of land pursuant to this clause after the expiration of 2 years from the day Kempsey Local Environmental Plan 1987 (Amendment No 49) took effect, or after such day occuring after the expiration of that period of 2 years as the Minister may, before the expiration of that period, notify by order in the Gazette.

cl 54: Ins 2.1.1998.

55 Development of land at Smith Street, Kempsey

(1)  This clause applies to part Lots 16 and 17, DP 32035 and part Lot 182, DP 527164, Smith Street, Kempsey, as shown edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 48)”.

(2)  Subject to subclause (3) and clause 21, nothing in this plan prevents the Council from consenting to the carrying out of development on the land to which this clause applies for the purpose of the display and sale of motor vehicles, farm equipment, marine recreation vehicles and caravans, but only if:

(a)  the erection of any building on the land is limited to an office with a floor area not exceeding 10 square metres and the building is located close to Smith Street and is of a mobile nature so that it can be readily removed prior to inundation of the land, and

(b)  provision is made, to the satisfaction of the Council, to fix floatable items such as caravans, marine recreation vehicles, and other similar items in the event that they cannot be removed from the land prior to its inundation, and

(c)  the land is filled only to the minimum extent necessary to provide a firm paved surface for the display of the items which matches the general grade of the land so as not to impede the passage of floodwaters.

(3)  The Council must not grant consent to development to which this clause applies unless the development is consistent with a flood evacuation plan, approved by the Council, dealing with the timely removal of vehicles, equipment, caravans and buildings from the land prior to inundation of the land.

cl 55: Ins 11.9.1998.

56 Development on land containing potential acid sulfate soils

(1)  This clause applies to land, identified as being subject to acid sulfate risk, shown edged heavy black on the acid sulfate soils map.

(2)  A person must not, without the consent of the Council, carry out works on land to which this clause applies.

(3)  For the purposes of subclause (2), works includes any landform alteration that results in the disturbance of acid sulfate soils (such as occurs in the carrying out of agriculture, the construction of dams, the maintenance of existing drains, flood mitigation works or any other works which will alter groundwater levels). In this clause, landform alteration includes the placement, disposal and use of fill material comprised of actual acid sulfate soils or potential acid sulfate soils.

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

(a)  a preliminary soil assessment to ascertain the presence or absence of acid sulfate soils within the area of the proposed works, unless the applicant agrees that acid sulfate soils are present within the area of the proposed works, and

(b)  where the preliminary soil assessment ascertains, (or the applicant agrees) that acid sulfate soils are present, whether or not an acid sulfate soils management plan has been prepared in accordance with DCP No 30 Management of Acid Sulfate Soils, and

(c)  the likelihood of the proposed development resulting in the oxidation of acid sulfate soils and the discharge of acid water from the area of proposed works, and

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

(5)  Notwithstanding any other provision of this plan, this clause also applies to the placement of any acid sulfate soil on or under any land.

(6)  This clause does not require consent for the carrying out of those works if:

(a)  a copy of a preliminary assessment of the proposed works undertaken in accordance with the Acid Sulfate Soils Assessment and Management Guidelines has been given to the Council, and

(b)  the Council has provided written advice to the person proposing to carry out works confirming that results of the preliminary assessment indicate the proposed works need not be carried out pursuant to an acid sulfate soils management plan prepared in accordance with the Acid Sulfate Soils Assessment and Management Guidelines.

(7) Public authorities This clause requires consent for development to be carried out by the Council, or drainage unions despite clause 35 and items 2 and 11 of Schedule 1 to the Environmental Planning and Assessment Model Provisions 1980, as adopted by this plan.

(8) Special provisions for Council Notwithstanding the provisions of subclause (7), the following types of development may be carried out by the Council on land to which this clause applies without consent:

(a)  development consisting of emergency work,

(b)  development consisting of routine maintenance, and

(c)  development consisting of minor work,

and development ancillary to that development, such as the carrying out of excavation work, the construction of accessways and the provision of power supplies.

(9)  Despite subclause (8), development consisting of routine maintenance or minor work may be carried out by the Council only with consent if the development is on a site listed as a heritage item in Schedule 1.

(10)  Where the Council carries out development described in subclause (8) and encounters, or is reasonably likely to encounter, actual or potential acid sulfate soils, the Council shall properly deal with those soils in accordance with the Acid Sulfate Soils Assessment and Management Guidelines, so as to minimise the actual or potential impact to the environment arising from disturbance of the soils.

(11)  In this clause:

Council’s Works means such works as are owned or controlled by the Council.

Emergency Work means the repair or replacement of any part of the Council’s works:

(a)  because it has been (or is being) damaged by a natural disaster, an accident, an act of vandalism or a like occurrence, or

(b)  because it has ceased to function or suddenly ceased to function adequately,

and includes work reasonably necessary to prevent or limit any further damage or malfunction.

Engineering Works means works carried out under the supervision of a suitably qualified engineer and using equipment or plant. Such works may consist of or include any of the following:

•  construction of roads, bridges, buildings, levees, dams, railways or drains,

•  laying of pipes, cables or conduits,

•  leveling of the ground,

•  extractive industries or mining,

•  dewatering,

•  flood mitigation works,

and may consist of or include an agricultural-related work.

Minor Work means new work affected by the Council (other than drainage work), which has a value not greater than $20,000.

Routine Maintenance means the periodic inspection, cleaning, repair and replacement of the Council’s works but does not include work that would result in an increase in the design capacity of any part of those works or necessitate the deepening of an existing works capacity.

cl 56: Ins 7.4.2000.

57 What is exempt and complying development?

(1)  Development of minimal environmental impact listed as exempt development in Development Control Plan No 30: Exempt and Complying Development Within Kempsey Shire adopted by the Council on 14 June 2005 is exempt development, despite any other provision of this plan.

(2)  Development listed as complying development in Development Control Plan No 30: Exempt and Complying Development Within Kempsey Shire adopted by the Council on 14 June 2005 is complying development if:

(a)  it is local development of a kind that can be carried out with consent on the land on which it is proposed, and

(b)  it is not an existing use, as defined in section 106 of the Act.

(3)  Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Development Control Plan No 30: Exempt and Complying Development Within Kempsey Shire adopted by the Council on 14 June 2005.

(4)  A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Development Control Plan No 30: Exempt and Complying Development Within Kempsey Shire adopted by the Council, as in force when the certificate is issued.

cl 57: Ins 17.9.1999. Am 2005 (761), cl 4.

58 Dwelling-houses and additions to dwelling-houses

(1)  This clause applies to land within Zone No 1 (c), 1 (g), 2 (a), 2 (b1), 2 (b2), 2 (c), 2 (d) or 2 (v).

(2)  Despite any other provision of this plan, development for the purpose of dwelling-houses or additions to dwelling-houses may only be carried out on land to which this clause applies with development consent.

cl 58: Ins 17.9.1999.

59 Development of land at Kemp Street, Kempsey

(1)  This clause applies to Lot 52 DP 883643, Kemp Street, Kempsey, as shown edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 65)”.

(2)  Subject to subclause (3), nothing in this plan prevents the Council from consenting to the erection of a dwelling-house on land to which this clause applies.

(3)  In granting consent in accordance with this clause, the Council shall ensure that the dwelling-house shall be located on land which is at least 500mm above the 1 in 100 year flood level.

(4)  The Council shall not grant consent for the erection of any dwelling on land the subject of this clause unless provision is made to connect the dwelling to the Council’s reticulated water and sewerage systems.

(5)  In this clause, 1 in 100 year flood has the same meaning as in clause 12.

cl 59: Ins 10.9.1999.

60 Development of land at No 5 Kemp Street, Kempsey

(1)  This clause applies to Lot 2, DP 840248, and known as the former railway stationmaster’s cottage, No 5 Kemp Street, Kempsey, as shown edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 72)”.

(2)  Despite any other provision of this plan, a person may, but only with the consent of the Council, carry out development for commercial purposes on the land to which this clause applies, subject to subclause (3).

(3)  The Council may only grant such consent:

(a)  if the development does not involve alterations to the fabric or structure of the building situated on the land which are considered significant in the opinion of the Council, and

(b)  following consideration by the Council of the impact of the development on the heritage values of the adjoining West Kempsey Civic Group (as listed in Schedule 3 to the North Coast Regional Environmental Plan).

cl 60: Ins 10.8.2001.

61 Development of registered club in Phillip Drive, South West Rocks

(1)  This clause applies to Lots 364, 367, 4, 5, 6 and 7, DP 754396 and Part Reserve 82364, Phillip Drive, South West Rocks, as shown edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 76)” deposited in the office of Kempsey Shire Council.

(2)  Subject to subclause (3), nothing in this plan prevents the Council from consenting to the development of land to which this clause applies for the purposes of a registered club (within the meaning of the Registered Clubs Act 1976).

(3)  The Council must not grant consent to the development of land to which this clause applies for the purposes of a registered club unless:

(a)  the Council has considered a traffic study prepared by a suitably qualified person that indicates the number of carparking spaces that are required to serve the registered club, and

(b)  the proposed development makes provision for at least that number of carparking spaces.

cl 61: Ins 26.10.2001.

62 Development at Crottys Lane, Yarravel

(1)  This clause applies to so much of Lot 36, DP 1011989, Crottys Lane, Yarravel, as is within Zone No 1 (d) and shown coloured light brown, edged heavy black and lettered “1 (d)” on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 71)”.

(2)  Nothing in this plan prevents the Council from granting consent to the carrying out of development on the land to which this clause applies for the purpose of a cemetery and crematorium, subject to subclause (3).

(3)  Before granting consent under subclause (2), the Council must consider the impact of the proposed access route to the land on habitat trees identified in the document entitled Threatened Species and SEPP 44—Koala Habitat Assessment of Proposed Cemetery and Associated Facilities undertaken for the Council by Jason Berrigan and dated September 1999, that document being available for inspection from the office of the Council.

cl 62: Ins 8.2.2002.

63 Development of land at Phillip Drive, South West Rocks

(1)  This clause applies to Lot 506, DP 587889, Phillip Drive, South West Rocks, as shown edged heavy black and lettered “2 (a)” on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 74)”.

(2)  The Council must not grant consent to the development of the land to which this clause applies unless it has considered a stormwater and sedimentation management plan which will ensure, to the satisfaction of the Council, that:

(a)  the stream riparian environments and the integrity of the downstream wetland under the provisions of State Environmental Planning Policy No 14—Coastal Wetlands and Saltwater Lagoon will be protected from the potential impacts of residential development, and

(b)  sand and topsoil exposed during the development process will be protected from the impacts of wind erosion.

cl 63: Ins 20.6.2003.

64 Development of land in the vicinity of Point Plomer Road

(1)  This clause applies to the land shown hatched and edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 89)” deposited in the office of the Council.

(2)  The objectives of this clause are:

(a)  to provide for the preservation of natural resources to ensure their availability for the benefit of future generations, and

(b)  to minimise the negative impacts of all new development, and

(c)  to protect and enhance the area’s natural beauty, low key scale and significant flora and fauna communities and habitat, and

(d)  to protect and conserve environmentally significant land and land that is of particular natural or aesthetic significance, and

(e)  to protect areas of native vegetation, with special reference to threatened or regionally significant flora and fauna species, populations and ecological communities, and

(f)  to protect, conserve and enhance evidence of cultural heritage, including Aboriginal heritage, and

(g)  to enhance the character and identity of the South Crescent Head–Point Plomer Road area, and

(h)  to allow for the protection and appropriate management of relics, trees or places which have identified heritage significance, including potential archaeological sites, and

(i)  to ensure development satisfies the principles of ecologically sustainable development having regard to environmental, social and economic impacts, intergenerational equity and the precautionary principle, and

(j)  to ensure existing tourist facilities remain environmentally and economically sustainable, and

(k)  to restrict the number of new employment generating developments, including tourist facilities, in order to control tourist and traffic numbers and to minimise environmental harm, and

(l)  to protect existing residential amenity, and

(m)  to provide development standards to ensure the number of dwellings and design details for housing is appropriate for the site and surrounding area, and

(n)  to prevent the fragmentation of rural land into smaller lots and thus restrict development.

(3)  The Council must not grant consent to development on land to which this clause applies unless it is satisfied that the development is consistent with the objectives of this clause.

(4)  Despite any other provision of this plan, the following development is prohibited on land to which this clause applies:

(a)  in relation to land that is within Zone No 1 (a1), development for any of the following purposes:

aerodromes; airline terminals; animal boarding and breeding establishments; aquaculture; bulk stores; bus depots; caravan parks (other than campsites); child care centres; churches; clubs; community buildings; equestrian centres; extractive industries; feedlots; forestry; generating works; helipads; heliports; hotels; institutions; intensive animal husbandry; junkyards; marinas; marine service centres; mineral sands mines; mines; miscellaneous forestry; motels; offensive or hazardous industries; places of assembly; places of public worship; public buildings; retail plant nurseries; roadside stalls; sawmills; service stations; stock and sale yards; timber yards; veterinary establishments,

(b)  in relation to land that is within Zone No 7 (f1), development for any of the following purposes:

agriculture; dams; dwelling-houses; recreation establishments; sand extraction; surf life saving clubs; tourist facilities,

(c)  in relation to land that is within Zone No 7 (f2), development for any of the following purposes:

agriculture; dams; dwelling-houses; surf life saving clubs.

(5)  The Council must not grant consent to development on land to which this clause applies for the following purposes unless it is satisfied that the development is of a low impact nature (being development that does not have a significant negative impact on the ecology of its location, or on the character, amenity or scenic value of the area):

buildings or places of tourist interest; environmental education facilities; holiday cabins; recreation areas; refreshment rooms; rural industries; rural tourist facilities; tourist facilities.

(6)  The Council must not grant consent to development referred to in subclause (5), and may refuse to grant consent to any other development, on land to which this clause applies unless it is satisfied that the following issues have been adequately addressed in relation to the proposed development:

(a)  fauna and flora protection including the requirements of the Native Vegetation Act 2003, the Threatened Species Conservation Act 1995, State Environmental Planning Policy No 26—Littoral Rainforests, State Environmental Planning Policy No 44—Koala Habitat Protection and State Environmental Planning Policy No 71—Coastal Protection and potential impact on land managed by the Department of Environment and Conservation, wilderness areas and recognised areas of high conservation value,

(b)  the identification of locally significant koala feed tree species,

(c)  geotechnical issues,

(d)  coastal processes and land use impact,

(e)  Aboriginal heritage, European heritage,

(f)  visual amenity and landscape,

(g)  traffic management,

(h)  bushfire protection.

(7)  The Council must not grant consent to development on land to which this clause applies unless it is satisfied that:

(a)  any proposed buildings that are part of the proposed development have been designed to respect the low scale and discrete character of the area and to be below vegetation canopies and ridge lines, and

(b)  the proposed development will not generate excessive vehicular traffic, and

(c)  adequate landscaping has been incorporated into the proposed development, and any significant trees or native vegetation at the proposed development site will be retained, including any locally significant koala feed tree species, and

(d)  any proposed vehicular entry has been designed to restrict direct views of the development, and

(e)  any significant Aboriginal heritage has been identified, adequately protected and managed, and

(f)  the proposed development is ecologically sustainable in terms of energy efficient design, disposal of effluent and stormwater, impacts on local flora and fauna and significant habitat and wetlands, and

(g)  the proposed development respects the topography and setting of the site.

cl 64: Ins 2006 (14), Sch 1.

65 Development on land east of Pacific Highway, South Kempsey

(1) Application This clause applies to the land shown edged heavy black and coloured on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 81)”.

(2) Objectives The objectives of this clause are:

(a)  to provide additional opportunities for industrial use of land in Kempsey Shire, and

(b)  to protect land identified as having environmental value, and

(c)  to promote opportunities for industries to operate sustainably by encouraging a variety of servicing options on site.

(3) Restrictions on retail development Development consent must not be granted for development on land to which this clause applies for the purpose of retail developments (including, but not limited to, bulky goods retailing and excluding highway service centres) and commercial developments.

(4) Management of land within Zone 7 (b) Development consent must not be granted for development on land to which this clause applies unless the Council is satisfied that arrangements have been made for the ongoing management of the part of that land within Zone 7 (b).

(5) Public utility infrastructure arrangements Development consent must not be granted for development on land to which this clause applies that is within Zone 4 (a) 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 required.

(6) Development control plan required Development consent must not be granted for development on land to which this clause applies unless a development control plan that provides for the matters specified in subclause (7) has been prepared for the land.

(7)  The development control plan must provide for all of the following:

(a)  a stormwater management plan that addresses water quality targets for surface water and groundwater and incorporates the use of roof water collection tanks for reuse for toilet flushing and landscaping and garden irrigation purposes,

(b)  an acoustic management plan that provides for satisfactory setbacks,

(c)  a traffic management plan,

(d)  an infrastructure servicing plan that encourages the provision of on-site services (such as water, sewer and effluent disposal) independent of, or in conjunction with, other on-site services and disposal areas,

(e)  a hazards management plan that addresses bushfire and industrial hazards and evacuation procedures,

(f)  an urban development plan that provides for a noise and landscape buffer along the western boundary of the land within Zone 4 (a) that takes the Roads and Traffic Authority’s design for the upgrade of the Pacific Highway into consideration and is suitable for reducing the visual impact of future development.

(8)  In this clause:

public utility infrastructure includes infrastructure for any of the following:

(a)  the supply of water,

(b)  the supply of electricity,

(c)  the disposal and management of sewage.

cl 65: Ins 2009 (462), Sch 1 [2].

66 Development on land at Phillip Drive and Belle O’Connor Drive, South West Rocks

(1)  This clause applies to the land shown edged heavy black on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 55)”, other than the land shown edged red and lettered “DM” on that map (being land that is excluded under section 68 (5) of the Act).

(2)  The objectives of this clause are to ensure that:

(a)  development enhances the natural environment, and

(b)  future dwellings achieve acceptable residential amenity, having regard to noise and odour emanating from the South West Rocks Sewage Treatment Works, and

(c)  environmental management works proceed concurrently with development, and

(d)  infrastructure and facilities, including public open space, are provided in an efficient manner, and

(e)  development occurs in accordance with a development control plan that has been prepared for the land.

(3)  Development consent must not be granted for development on land to which this clause applies unless a development control plan that provides for the matters specified in subclause (4) has been prepared for the land.

(4)  A 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 and Saltwater Creek and Lagoon,

(d)  stormwater and water quality management controls,

(e)  amelioration of natural, environmental and industrial hazards, including bush fire, acid sulfate soils, shallow groundwater table, mosquito breeding, noise and site contamination,

(f)  detailed urban design controls showing the general subdivision pattern, residential densities and built form to achieve well designed urban development, including a range of site sensitive lot sizes,

(g)  the identification and protection of any Aboriginal heritage relics on the land.

(5)  Development consent must not be granted for development on land to which this clause applies unless the Council is satisfied that arrangements have been made for the ongoing management of the land within Zone No 7 (b).

(6)  Despite any other provision of this plan, the following development is prohibited on land to which this clause applies:

(a)  in relation to land that is within Zone No 7 (a), development for the purposes of agriculture and tourist facilities,

(b)  in relation to land that is within Zone No 7 (b), development for the purposes of advertisements.

cll 66: Ins 2009 (401), Sch 1 [2].

67 Public infrastructure for land at Phillip Drive and Belle O’Connor Drive, South West Rocks

(1) Application This clause applies to the land shown within Zone No 2 (a) (Residential “A” Zone) on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 55)”, but does not apply to any such land if the whole or any part of it is in a special contributions area (as defined by section 93C of the Act).

(2) Designated State public infrastructure The objective of subclause (3) is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land to which this clause applies to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.

(3)  Development consent must not be granted for the subdivision of land to which this clause applies if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the commencement of this clause, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.

(4)  Subclause (3) does not apply to:

(a)  any lot identified in the certificate as a residue lot, or

(b)  any lot created by a subdivision previously consented to in accordance with this clause, or

(c)  any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities, or any other public purpose, or

(d)  a subdivision for the purpose only of rectifying an encroachment on any existing lot.

(5)  State Environmental Planning Policy No 1—Development Standards does not apply to development for the purposes of subdivision on land to which this clause applies.

(6)  In this clause:

designated State public infrastructure means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds:

(a)  State and regional roads,

(b)  land required for regional open space,

(c)  land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes).

(7) Electricity infrastructure Development consent must not be granted for development on land to which this clause applies unless the consent authority is satisfied that infrastructure for the supply of electricity that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.

(8)  Subclause (7) does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any infrastructure for the supply of electricity.

(9)  This clause prevails over any other provision of this plan to the extent of any inconsistency.

cll 67: Ins 2009 (401), Sch 1 [2].

68 Development of land at Phillip Drive, South West Rocks

(1) Application This clause applies to Lot 1, DP 445196, Phillip Drive, South West Rocks, and known as the former Shell depot, as shown edged heavy black and lettered “2 (a)” on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 94)”.

(2) Remediation of land required Development consent must not be granted for development on the land to which this clause applies (other than an application for the undertaking of remediation works) unless the consent authority has received a validation report by an accredited auditor stating that the land has been remediated and is suitable for the proposed development.

(3) Development control plan required Development consent must not be granted for development on the land to which this clause applies unless a development control plan has been prepared for the land that provides for all of the following:

(a)  stormwater and water quality management controls,

(b)  amelioration of contamination hazards,

(c)  an urban development plan, showing general subdivision pattern, residential densities and built form to achieve well-designed urban development, including a range of site sensitive lot sizes.

(4) Electricity infrastructure Development consent must not be granted for development on the land to which this clause applies unless the consent authority is satisfied that any infrastructure for the supply of electricity that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.

(5)  Subclause (4) does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any infrastructure for the supply of electricity.

cl 68: Ins 2009 (368), Sch 1 [2].

69 Development of land at Gregory Street, South West Rocks

(1)  This clause applies to Lots 233 and 317, DP 754396, Gregory Street, South West Rocks, as shown edged heavy black and distinctively coloured on the map marked “Kempsey Local Environmental Plan 1987 (Amendment No 100)”.

(2)  Development consent must not be granted for development on the land to which this clause applies unless a development control plan has been prepared for the land that provides for all of the following:

(a)  detailed urban design controls to ensure that the development will not breach the existing vegetated skyline and to maintain a compatible scale with surrounding buildings that minimises bulk and overshadowing impacts by progressively increasing setbacks as the building height increases, including:

(i)  a maximum building height of no more than 12.5 metres above the level of the pavement on the adjoining part of Gregory Street, and

(ii)  a minimum setback of 5 metres from Gregory Street,

(b)  the protection of any Aboriginal heritage relics on the land, including a buffer zone, having a 10 metre diameter around the midden located in the north western corner of the land,

(c)  a stormwater management plan that addresses water quality targets for surface water and groundwater,

(d)  amelioration of natural and environmental hazards, including bushfire,

(e)  the protection and enhancement of riparian areas and vegetation.

(3)  Development consent must not be granted for development on land to which this clause applies unless the Council is satisfied that the following have been prepared for the development:

(a)  a Floodplain Risk Management Plan,

(b)  a Heritage Interpretation Strategy.

(4)  Development consent must not be granted for development on land to which this clause applies unless the Council is satisfied that arrangements have been made for the following:

(a)  the ongoing management and protection of land within Zone No 7 (d) (Scenic Protection Zone),

(b)  the retention or on site relocation and conservation of the existing building on the land, known as the “Old School House”.

(5)  Despite clause 24 (1), nothing in this plan prevents the Council from consenting to the carrying out of development on the land to which this clause applies for the purpose of medium density residential flat buildings with a height of no more than 12.5 metres above the level of the pavement on the adjoining part of Gregory Street.

(6)  For the purposes of this clause:

Floodplain Risk Management Plan means a plan that addresses the following for the flood prone portion of the land to which this clause applies:

(a)  types of development that allow for planned retreat from the lower section either within a specified time frame or based on specific criteria in respect of sea level rise,

(b)  a climate change factor in determining the flood planning level for the land,

(c)  the provision of adequate flood access routes from the lower section directly through the land to Gregory Street.

Heritage Interpretation Strategy means a strategy that:

(a)  defines the land and places to which the strategy relates, and

(b)  describes the cultural history and heritage assets located on that land, and

(c)  describes the significance of the cultural history and heritage assets on that land, and

(d)  provides strategies for the communication of the heritage significance of the land and the heritage assets located on that land.

cl 69: Ins 2010 (197), Sch 1 [2].

70 Development of land at 316 Chain O’Ponds Road, Collombatti

(1)  This clause applies to Lot B, DP 900729, 316 Chain O’Ponds Road, Collombatti.

(2)  Nothing in this plan prevents the Council from granting consent to the carrying out of development on land to which this clause applies for the purposes of a cemetery or crematorium, or both a cemetery and crematorium, and any associated facilities that are appropriately scaled, and primarily intended, to support those purposes.

(3)  In this clause:

cemetery means a building or place for the interment of deceased persons or their ashes.

crematorium means a building in which deceased persons or pets are cremated, and includes a funeral chapel.

cl 70: Ins 2010 (650), cl 4.

71 Development of land at 25 Everinghams Lane, Frederickton

(1)  This clause applies to Lot 241, DP 752437, 25 Everinghams Lane, Frederickton.

(2)  Nothing in this plan prevents the Council from granting consent to the carrying out of development on the land to which this clause applies for the purposes of a crematorium.

(3)  The Council must not grant consent to the development of land to which this clause applies for the purposes of a crematorium unless the Council is satisfied that:

(a)  vehicular access to the proposed development will be from the north-eastern corner of the land, and

(b)  the proposed development will include the installation of a suitable on-site waste-water disposal system, and

(c)  the traffic flow on Collombatti Road will not be adversely affected by the proposed development, and

(d)  the visual impact of the proposed development on adjoining residences will be minimal, and

(e)  adjoining residences will not be affected by any emissions from the proposed development, and

(f)  any cremator in the proposed development will meet the relevant industry standards nominated by the Council.

(4)  In this clause, crematorium means a building in which deceased persons or pets are cremated and includes:

(a)  a building or place used for the interment of the ashes (but not the bodies) of deceased persons or pets, and

(b)  an associated building for conducting memorial services.

cl 71: Ins 2011 (441), Sch 1.

Schedule 1 Environmental heritage

(Clause 5 (1))

Part 1 Items of the environmental heritage

Suburb	Item name and State Heritage Inventory Register No	Address	Property description	Item No
Arakoon	Arakoon Cemetery 1850465	Lighthouse Road	Pt Lot 337, DP 754396 and Crown Reserve No 14621	1
Arakoon	Smoky Cape Lighthouse group 1850129	Lighthouse Road	Crown Reserve	2
Arakoon	Arakoon House 1850084	6–8 Russell Street	Lot 2, Section 1, DP 758024	3
Arakoon	Trial Bay Gaol	Trial Bay Gaol Access Road	Crown Reserve	4
Bellimbopinni	Bellimbopinni School 1850360	1194 Pacific Highway	Pt Lot 18, DP 752412	5
Belmore River	Belmore River Hall 1850361	615 Right Bank Road	Lot 118, DP 754423	6
Beranghi	Ruins of Gordon’s Gaol huts, remains of graves and Gordon’s Jetty	Beranghi Road	Lot 1, DP 196559	7
Comara	Comara Bridge	Armidale Road	Bridge over Five Day Creek	8
Comara	Comara Cemetery 1850358	Towal Creek Road	Crown Reserve No 48945	9
Crescent Head	Birralee Hall 1850286	Baker Drive	Lot 358, DP 754441	10
Crescent Head	Allman Rowe Grave in Crescent Head Cemetery 1850327	Belmore Street	Crown Land	11
Crescent Head	O’Dell Memorial 1850064	Big Nobby Hill (located at end of Skyline Crescent)	Crown Reserve No 65725	12
Crescent Head	Crescent Head Primary School 1850059	42–52 Pacific Street	Lots 189 and 252, DP 754441	13
Dondingalong	Convict Kilns 1850305	Piper’s Creek, Kumbatine National Park	Reserve 124	14
East Kempsey	East Kempsey Public School 1850348	Cnr Innes and Gill Streets and Barnetts Lane	Lots 1 and 2, DP 782300 and Lot 1, DP 782296	15
East Kempsey	War Memorial and The Triangle 1850346	Lord Street	Lots 8 and 9, DP 1109013 and road reserve	16
East Kempsey	East Kempsey Cemetery 1850381	Naiooka and East Streets	Lot 7026, DP 1060502, Lot 7020, DP 1060505 and Pt Lot 7, DP 754400	17
East Kempsey	Chaddies’ Store 1850345	Cnr Rudder Street and Herborn Lane	Lot 1, DP 511163	18
Euroka	Euroka Uniting Church 1850353	235 Euroka Road	Lot 10, DP 816589	19
Euroka	Former School Residence 1850354	249 Euroka Road	Lot 11, DP 603927	20
Euroka	Euroka Cemetery 1850356	Euroka Road	Lot 11, DP 816589	21
Frederickton	War Memorial 1850065	1 Great North Road	Lot 1, DP 122909	22
Frederickton	Frederickton Public School group, comprised of: school building, including weather vane and bell tower, headmaster’s residence, shelter shed. 1850035	11–13 Great North Road	Lot 1, DP 122909 and Lot 1, DP 724753	23
Frederickton	Cemetery 1850105	15–33 Great North and Yarrabandinni Roads	Lot 34, DP 1033470	24
Frederickton	Frederickton Hotel (formerly The Macleay Hotel) 1850273	10 Macleay Street	Lot 1, DP 749455	25
Frederickton	Frederickton Post Office 1850272	14 Macleay Street	Lot 4, DP 68179	26
Frederickton	Frederickton School of Arts 1850085	20 Macleay Street	Lot 1, DP 68179	27
Frederickton	Butter factory 1850089	1–5 Pacific Highway	Lots 1–3, DP 586074 and Lots 1 and 2, DP 1071111	28
Gladstone	Residence 1850304	25 Barnard Street	Lot 3, DP 6003	29
Gladstone	Patterson’s Butchery 1850310	39 Barnard Street	Lot 11, DP 6003	30
Gladstone	St Barnabas Anglican Church 1850285	8 Darkwater Street	Lot 1, DP 12159	31
Gladstone	Uniting Church 1850131	Darkwater Street	Lot 21, DP 810270	32
Gladstone	Gladstone police residence and lockup 1850088	2 Kinchela Street	Lot 1, Section 1, DP 758444	33
Gladstone	Police station and former courthouse 1850071	4–6 Kinchela Street	Lots 2 and 3, Section 1, DP 758444	34
Gladstone	Gladstone Hall 1850311	5 Kinchela Street	Lot 3, Section 1, DP 758444	35
Gladstone	Residence 1850277	11 Kinchela Street	Lot 1, DP 502145	36
Gladstone	Gladstone School and bell 1850278	13 Kinchela Street	Lot 1, DP 942984, Lots 8 and 9, Section 3, DP 758444 and Lot 1, DP 942985	37
Gladstone	Residence 1850087	18 Kinchela Street	Lot 9, Section 1, DP 758444	38
Gladstone	Former Cannane’s Federal store 1850279	19 Kinchela Street	Lot 10, Section 3, DP 758444	39
Gladstone	Residence (former Commercial Bank) 1850274	20 Kinchela Street	Lot 1, DP 254026 and Lot 10, Section 3, DP 758444	40
Gladstone	Gladstone Hotel group, hotel including bell and anchor 1850309	21 Kinchela Street	Lot 11, DP 814822	41
Gladstone	Residence 1850280	23 Kinchela Street	Lot 103, DP 1053792	42
Gladstone	Former post office 1850281	27 Kinchela Street	Lot 2, DP 667718	43
Gladstone	Former insurance brokerage building 1850282	35 Kinchela Street	Lot 1, DP 334267	44
Gladstone	Residence 1850283	49 Kinchela Street	Lot 1, DP 912505	45
Gladstone	Residence (former bakery) 1850284	61 Kinchela Street	Lot 1, DP 399391	46
Gladstone	Memorial Park 1850275	Kinchela Street	Public Reserve No 41038, Section 10	47
Gladstone	Monument plaques 1850312	Memorial Avenue	Road Reserve	48
Kempsey	National Bank (former AJS Bank) 1850075	3–5 Belgrave Street	Lot 133, DP 786059	49
Kempsey	Knauer’s building 1850323	7–13 Belgrave Street	Lot 114, DP 602954	50
Kempsey	Shopfront 1850324	58 Belgrave Street	Lot 15, DP 731547	51
Kempsey	Shopfront 1850324	60–62 Belgrave Street	Lots 16 and 17, DP 32035	52
Kempsey	Railway Hotel 1850076	91 Belgrave Street	Lot 1, DP 194099	53
Kempsey	Kempsey Station group	Belgrave, Kemp and Gladstone Streets	Lot 1, DP 1002977 and Lot 2, DP 1010695	54
Kempsey	Kempsey Rail Bridge over Macleay River	North Coast Railway		55
Kempsey	AJS buggy shed 1850322	Savages Lane	Lot 133, DP 786059	56
Kempsey	Post office 1850460	3–5 Smith Street	Lot 270, DP 752439	57
Kempsey	Shopfront (Barsby’s) 1850320	10–12 Smith Street	Lots 1 and 2, DP 920387 and Lot 141, DP 567944	58
Kempsey	Shopfront (Harvey’s) 1850318	21–25 Smith Street	Lot 352, DP 719106	59
Kempsey	Shopfront 1850315	30 Smith Street	Lot 155, DP 610592	60
Kempsey	Shopfront (displaying “1934”) 1850314	36–38 Smith Street	Lot 1531, DP 858861	61
Kempsey	St Andrew’s Presbyterian Church and hall 1850130	67 Smith Street	Lot 3, DP 707914	62
Kundabung	Kundabung Lime Kiln Ruins 1850377	River Road	Crown Reserve No 63576	63
Kundabung	Kundabung Hall 1850289	River Road	Crown Reserve No 63576	64
Millbank	Millbank School 1850349	506 Hickeys Creek Road	Lot 1, DP 122480	65
Millbank	Millbank School residence 1850350	506 Hickeys Creek Road	Lot 1, DP 122480	66
Millbank	Millbank Hall 1850061	522 Hickeys Creek Road	Lot 81, DP 746608	67
Sherwood	Sherwood Hall 1850339	Sherwood Road	Lot 1, DP 312987	68
Sherwood	Former Catholic church 1850341	Sherwood Road	Lot 46, DP 665898	69
Sherwood	Former Sherwood Public School 1850342	Sherwood Road	Lot 62, DP 544847	70
Smithtown	Smithtown Literary Institute 1850387	26 Main Street	Lot 219, DP 752412	71
South West Rocks	School of Arts 1850068	1 Gregory Street	Lots 235 and 269, DP 754396	72
South West Rocks	Pacific Guest House 1850025	21–23 Livingstone Street	Lot 22, DP 733618	73
South West Rocks	Entrance gates 1850369	Livingstone Street	Lot 7041, DP 1120754	74
South West Rocks	Three residences 1850374	27–31 Memorial Avenue	Pt Lot 1, DP 245033 and Lot 1, DP 391779	75
South West Rocks	Monument stones 1850371	Memorial Avenue	Road reserve	76
South West Rocks	Pilot station group 1850052	3–9 Ocean Drive	Lot 286, DP 754396 and Lots 373–375, DP 822657	77
South West Rocks	Flagstaff	Ocean Drive	Lot 284, DP 758919	78
South West Rocks	Monument 1850367	Point Briner, Horseshoe Reserve	Lot 7041, DP 1120754	79
Stuarts Point	Kinki Cemetery 1850359	Stuarts Point Road	Lot 7005, DP 92622 (Ms 510 Gfn)	80
West Kempsey	Kempsey High School 1850106	13 Broughton Street	Lots 1, 2 and 5, Section 16A, DP 759080	81
West Kempsey	West Kempsey Cemetery 1850366	Broughton, River and Tozer Streets	Lot 701, Section 20A, DP 759080 and closed roads	82
West Kempsey	Police residence 1850078	3 Elbow Street	Lot 10, DP 48675	83
West Kempsey	West Kempsey Post Office 1850094	21–23 Elbow Street	Lot 2, DP 707556	84
West Kempsey	Forestry Commission office	27 Elbow Street	Lot 22, Section 6A, DP 759080	85
West Kempsey	Former Commercial Banking Company of Sydney 1850079	35 Elbow Street	Lot 1, DP 120282	86
West Kempsey	Great Northern Hotel 1850096	38 Elbow Street	Lots 1–3, DP 782697	87
West Kempsey	West Kempsey Hotel 1850074	43 Elbow Street	Lot 4, DP 105434	88
West Kempsey	Grand United Order of Oddfellows Hall 1850024	22 Kemp Street	Lot 13, DP 1045271	89
West Kempsey	All Saints Anglican Church and grounds 1850133	28–30 Kemp Street and 25 Marsh Street	Lots 1 and 2, Section 6A, DP 759080 and Lot 2, (DP unknown), Vol 5473 Fol 166	90
West Kempsey	All Saints Catholic Hall 1850271	52–58 Marsh Street	Lot 2, Section 39A, DP 759080	91
West Kempsey	Kempsey District Hospital 1850363	River Street	Lot 14, Section 23A, DP 759080 and Lots 1–8, Section 20A, DP 759080	92
West Kempsey	Kempsey Court House 1850037	2 Sea Street	Lot 11, DP 48675	93
West Kempsey	Showground buildings 1850072	19 Sea Street	Lot 18, DP 112084	94
West Kempsey	Bandbox Theatre 1850388	26 Sea Street	Lot 2, DP 421665	95
Willawarrin	Willawarrin Hotel 1850333	15–17 Main Street	Lot 6, DP 27829	96
Willawarrin	St John’s Catholic Church	18–20 Main Street	Lot 1, DP 966704	97
Willawarrin	Willawarrin Hall 1850332	26–28 Main Street	Lot 1, DP 340896	98
Willawarrin	CWA Hall 1850334	29 Main Street	Lot 1, DP 120125	99
Willawarrin	Willawarrin Public School 1850337	85–91 Main Street	Lot 12, DP 813713	100
Willawarrin	War Memorial 1850335	Main Street	Pt Lot 1, DP 27829	101
Yarrahapinni	Yarrahapinni Primary School group	507 Stuarts Point Road	Lot 29, DP 752438	102

Part 2 Conservation areas

Suburb	Name of conservation area	Address	Property description	Item No
Bellbrook	Bellbrook Conservation Area		Land shown black hatched black on the map marked “Kempsey Local Environmental Plan 1987”	103

sch 1: Am 9.11.1990. Subst 2009 (89), Sch 1.

Schedule 2

(Clause 35)

Land within Zone No 1 (a3) in the Parish of Yarrahapinni—subdivision of the land into allotments having an area of not less than 4 hectares where the land has a history of successful banana production and is currently fully planted for this purpose.

Land within Zone No 2 (b2) in the locality of South West Rocks, being Reserve No 69040—the erection of a building containing more than 3 storeys.

That part of Lot 5, DP 737376, Parish of Beranghi, being in the northeastern corner of the lot fronting the Pacific Highway and immediately south of the access road to the dwelling-house on the lot—car sales display area.

sch 2 (as originally gazetted): Rep 10.6.1994.

sch 2 (previously Sch 5): Am 25.11.1988; 14.2.1992. Renumbered 10.6.1994.

Schedule 3 Classification and reclassification of public land

(Clause 52)

Part 1 Land classified, or reclassified, as operational land—no interests changed

Column 1	Column 2
Locality	Description

Part 2 Land classified, or reclassified, as operational land—interests changed

Column 1	Column 2	Column 3
Locality	Description	Any trusts etc not discharged
Frederickton, Cyrus Saul Circuit	Lot 12, DP 1069003	Nil.
Frederickton, Macleay Street	Lot 49, DP 832352	Nil.
South West Rocks, Albert Harrower Crescent	Lot 39, DP 819591	Restriction(s) on the use of land (DP261375) as noted on Certificate of Title Folio Identifier 39/819591.
South West Rocks, Arthur Street	Lot 81, DP 805382	Restriction(s) on the use of land (DP261984) as noted on Certificate of Title Folio Identifier 81/805382.
South West Rocks, Dennis Crescent	Lot 122, DP 1051855	Nil.
South West Rocks, Rafferty Crescent	Lot 26, DP 844106	Restriction(s) on the use of land (DP829661) as noted on Certificate of Title Folio Identifier 26/844106.
South West Rocks, Victor Perry Place	Lot 132, DP 829565	Restriction(s) on the use of land (DP748740) as noted on Certificate of Title Folio Identifier 132/829565.

Part 3 Land classified, or reclassified, as community land

Column 1	Column 2
Locality	Description

sch 3: Rep 10.6.1994. Ins 3.11.1995. Subst 2008 (501), Sch 1 [2].

Schedule 4 (Repealed)

sch 4: Rep 10.6.1994.

Schedule 5

(Renumbered as Schedule 2)

sch 5: Renumbered as Sch 2, 10.6.1994.