Eurobodalla Urban Local Environmental Plan 1999

Part 1 Introduction, aim, objectives and strategies

1 What is this plan called?

This plan is called Eurobodalla Urban Local Environmental Plan 1999.

2 Where does this plan apply?

(1)  This plan applies to all land in the local government area of Eurobodalla shown within the heavy black line on the land use map and to all unzoned land shown uncoloured on the map, within the meaning of Eurobodalla Rural Local Environmental Plan 1987.

(2)  This plan applies to the land identified by the letter “R” on the land use map only for the purpose of making the amendments to Eurobodalla Rural Local Environmental Plan 1987 set out in Schedule 1.

3 How does this plan affect other plans?

(1)  This plan repeals Interim Development Order No 3—Shire of Eurobodalla.

(2)  This plan amends Eurobodalla Rural Local Environmental Plan 1987 as set out in Schedule 1.

4 Who is the consent authority for this plan?

Eurobodalla Shire Council is the consent authority for development applications relating to land to which this plan applies, subject to the Environmental Planning and Assessment Act 1979.

5 What definitions, model provisions and other interpretation provisions does this plan adopt?

(1)  Expressions used in this plan that are defined in the dictionary at the end of this plan have the meanings set out in the dictionary.

(2)  This plan adopts the following clauses of, and Schedule 1 to, the Environmental Planning and Assessment Model Provisions 1980:

Clause 11	Subdivision—new roads
Clause 12	Land used for commercial or industrial purposes (fronting a main or arterial road)
Clause 26	Junkyards and offensive or hazardous industries
Clause 27	Sawdust and sawmill waste
Clause 35 (paragraph (c) excepted)	Savings (except for home occupations carried on in dwelling-houses)
Schedule 1	Development allowed without consent

(3)  The list of contents is not part of this plan.

(4)  In this plan:

(a)  a reference to a use of land of a particular kind includes a reference to a use of land of that kind which is proposed, and

(b)  a reference to a map is a reference to a map kept in the office of the Council.

(5)  Clause 29 of the Environmental Planning and Assessment (Savings and Transitional) Regulation 1998 applies to this plan as if this plan had commenced before 1 July 1998, despite any other provision of this plan.

6 What does this plan aim to achieve?

The overall aim of this plan is to further the objects of the Environmental Planning and Assessment Act 1979.

7 What are the general objectives of this plan?

The general objectives of this plan are:

(a)  to encourage orderly and proper development within the area of Eurobodalla, and

(b)  to identify zones in which particular classes of development are most likely to be appropriate, having regard to the environmental characteristics of the locality, servicing and access requirements and constraints, and the characteristics of the development, and

(c)  to optimise the use of existing services and infrastructure and promote the efficient provision of any services and infrastructure in the future in accordance with the intensity and type of development proposed for the locality, and

(d)  to ensure that provision is made for public amenities, public services and community facilities early in the process of development, and

(e)  to ensure that no development on any land is likely to jeopardise the future orderly and economic development of the land or of the land in its vicinity, and

(f)  to provide a broad, long-term framework of planning controls based on a strong emphasis on general, particular and zone-specific objectives and strategies in concert with development control plans giving expression to detailed planning provisions, and

(g)  to enhance individual and community wellbeing and welfare by following a path of economic development that safeguards the welfare of future generations, and

(h)  to accommodate population growth and facilitate expansion and diversification in the area’s economy.

8 What are the particular objectives of this plan?

The particular objectives of this plan are:

(a)  in relation to environmental protection:

(i)  to protect coastal areas, estuaries, wetlands, rainforests and other environmentally sensitive areas from the effects of inappropriate use or other inappropriate development, and

(ii)  to promote the retention of trees and tree cover and to conserve as far as practicable the existing pattern of vegetation to maintain landscape quality and remaining natural ecosystems, and

(iii)  to conserve soil, flora and fauna and significant natural features, and

(iv)  to conserve and manage significant natural resources in such a way that their essential values are maintained and enhanced, and

(v)  to provide for the existing and potential functions of water courses and floodways for domestic water supply, drainage, aquaculture, recreation and ecological purposes, and

(vi)  to control development in the catchment of the Deua River to protect water quality for domestic and ecological purposes, and

(vii)  to maintain the overall scenic beauty of the rural landscape of the area of Eurobodalla and protect significant views from public roads, reserves and waterways, and

(viii)  to maintain air quality and avoid noise pollution, having regard to the nature and extent of their effects and the sensitivity of affected people or things, and

(ix)  to provide for the existing and potential functions of riparian and foreshore areas to ensure stability and to protect water quality and ecological, visual and recreational values, and

(x)  to ensure that development or activities in one zone do not adversely affect environmentally sensitive land in adjacent zones, and

(b)  in relation to ecologically sustainable development:

(i)  to integrate economic, environmental and social goals into policies, practices and decision-making, and

(ii)  to take a precautionary approach to decision-making to ensure that resources are utilised in a sustainable manner, and

(iii)  to protect biological diversity, and

(iv)  to ensure that natural and environmental assets are properly valued, and

(v)  to provide for equity within and between generations, and

(c)  in relation to land management generally:

(i)  to minimise risks to life and property from bushfires, and geological or other hazards, and

(ii)  to reduce the impact of flooding/ocean inundation on land owners and occupiers and to reduce public and private losses due to flooding/ocean inundation in accordance with the NSW Government’s Flood Prone Land Policy, and

(iii)  to ensure that coastal development is compatible with the degree of coastline hazard in accordance with the NSW Government’s Coastline Hazard Policy, and

(iv)  to encourage community services and facilities for residents of non-urban areas to be located in existing villages and towns, and

(d)  in relation to heritage conservation—to conserve items, structures and places of natural, historic, scientific or cultural significance, including Aboriginal relics and places, and

(e)  in relation to transport:

(i)  to encourage the provision of a balanced transport system, including safe and convenient facilities for pedestrians, cyclists, public transport users and road users generally, and

(ii)  to encourage the development of transport networks and systems in a manner integrated with land use, including a hierarchy of roads to service varying transport functions, and

(iii)  to ensure that the provision of roads supports and facilitates the desired pattern of development as indicated on the land use map, and

(iv)  to ensure adequate reservation of land for roads and access in places where new development is carried out, and

(v)  to minimise conflicts between the transport function of roads and the access needs of adjoining land, and

(vi)  to protect visual amenity for road users, and

(vii)  to require adequate off-street parking to meet demand generated by redevelopment or new development, and

(f)  in relation to recreation and tourism:

(i)  to promote the development of a range of recreational opportunities and facilities to meet the needs of people of various ages and with various interests at the neighbourhood, local and regional levels, and

(ii)  to provide for multiple use of public buildings and facilities, and

(iii)  to promote provision of land for neighbourhood recreational use in or adjacent to residential areas and for local recreational use in reasonable proximity to residential areas, and

(iv)  to encourage tourist accommodation primarily in urban areas, and

(v)  to protect the quality, accessibility and attractiveness of the area’s natural recreational resources and to protect their environmental characteristics and sensitivity, and

(g)  in relation to housing:

(i)  to encourage a range of housing opportunities to meet the needs of the community for a choice of dwelling size, type, tenure, cost and location, and

(ii)  to ensure that new development is consistent with the character of existing residential areas, having regard to the physical characteristics of the land, the nature of the vegetation and landscape, and existing buildings in the locality, and

(iii)  to provide opportunities for higher residential densities where essential public services are available or can be provided efficiently and economically, and in locations convenient to shops, entertainment and other facilities, and

(h)  in relation to industry and commerce:

(i)  to encourage and facilitate commercial and industrial development primarily in existing commercial centres, and

(ii)  to provide for residential development and tourist accommodation in commercial centres, where such development will contribute to the vitality of the centres without increasing demand for public car parking, and

(iii)  to provide sufficient appropriately zoned and serviced land for industrial and commercial uses, and

(iv)  to encourage a high standard of commercial development in accordance with development control plans for the major centres, and

(v)  to encourage a high standard of industrial development, and

(i)  in relation to villages and towns:

(i)  to encourage the development of existing towns and some villages as centres of commercial activity, public facilities, indoor recreation and entertainment, and

(ii)  to maintain and enhance the character of towns and villages, and

(iii)  to encourage forms of settlement which are energy efficient, cost effective and environmentally sound, and

(j)  generally:

(i)  to provide opportunities for public involvement and participation in environmental planning and assessment, and

(ii)  to minimise the need for amendments to planning controls, and

(iii)  to establish an appropriate balance between certainty and flexibility in the requirements that are imposed on development proposals.

9 What are the strategies adopted by this plan?

The aim and objectives of this plan are to be achieved by the following strategies:

(a)  by applying general land use controls to land within each zone or for a class of development, and

(b)  by providing a framework for development control plans regulating the carrying out of development allowed in any zone:

(i)  to restrict some or all development to certain land within a zone, and

(ii)  to apply specific provisions to certain land within a zone or to a class of development, and

(iii)  to provide directions to guide future development, and

(c)  by adopting development control plans for the central business areas of Batemans Bay, Moruya and Narooma to reinforce and enhance their existing character and functions, and

(d)  by identifying a major new industrial site in the northern part of the area, and

(e)  by making provisions in development control plans or allowing conditions to be imposed on development consents, to further the objectives of this plan, including (but not exclusively) provisions or conditions:

(i)  requiring minimum floor heights and sufficient setback of lot boundaries, buildings and works from wetlands, streams, rivers, estuaries and the coast to prevent erosion, protect water quality and avoid flooding or oceanic inundation hazards, and

(ii)  requiring dedication for public use, or other suitable measures for permanent reservation from development, of land necessary to protect environmental quality or to conserve natural or built heritage, and

(iii)  discouraging or restricting development on steep slopes, or areas subject to bushfire or other hazards, and

(iv)  reserving suitable land for public purposes, including recreational and other community uses, roads and drainage, and

(v)  controlling tree clearing and lopping, and

(vi)  regulating outdoor advertising, and

(vii)  ensuring that the need to provide essential public services is taken into account, and

(viii)  requiring an archaeological survey or similar precautions where Aboriginal relics are known or likely to be found, and

(ix)  preventing alienation of access to public recreational resources that will benefit only private individuals or exclusive groups, and

(x)  requiring that appropriate access and adequate amenities are provided for all groups within the community for new developments, and

(f)  by advertising development proposals where there is a possibility of significant impact on any individual, the environment or the general public, and

(g)  by requiring full consideration of possible adverse environmental, economic or social impacts in advance of development in accordance with provisions of the Environmental Planning and Assessment Act 1979, and

(h)  by providing sufficient flexibility in planning controls to accommodate development proposals in accordance with the objectives of this plan, and

(i)  by requiring dedication of land, payment of monetary contribution or acceptance of a material public benefit or a combination of these as conditions of development consent, where appropriate, pursuant to section 94 of the Environmental Planning and Assessment Act 1979.

cl 9: Am 10.3.2000.

Part 2 Provisions applying in particular zones

Division 1 General

10 How is land zoned by this plan and what prevails if zoning controls are inconsistent with other provisions?

(1)  Land is within a zone for the purposes of this plan if it is shown on the land use map as being within the zone.

(2)  In the event of an inconsistency between the provisions of this Part and other provisions of this plan, the other provisions of this plan prevail.

Division 2 Residential zones

11 What residential zones are there?

There are the following residential zones:

2ec Residential—Environmental Constraints

2g Residential—General

2t Residential—Tourism

12 What are the objectives of the 2ec Residential—Environmental Constraints zone?

The objectives of the 2ec Residential—Environmental Constraints zone are:

(a)  to recognise residential localities characterised by the dominance of the natural landscape over built form and to maintain and encourage that relationship by permitting very limited non-residential uses and low residential densities only, and

(b)  to identify residential localities characterised by environmental constraints or hazards or by service constraints and to recognise those hazards or constraints by permitting very limited non-residential uses and low residential densities only, and

(c)  to provide for non-residential uses that are compatible with other land uses in the locality, service local residents or, in the case of public authority premises, need to be close to residents in the zone, and

(d)  to ensure new building in the zone is consistent with the character of the area in which it is proposed, having regard to the existing landscape and nearby development, and

(e)  to generally encourage extensive native vegetation landscaping of private land in the zone.

13 What development may be carried out in the 2ec Residential—Environmental Constraints zone?

(1)  Development for the purpose of the following is allowed without development consent within the 2ec Residential—Environmental Constraints zone:

•  utility installations.

(2)  Development for the purpose of the following is allowed only with development consent within the 2ec Residential—Environmental Constraints zone:

•  bed and breakfast establishments,

•  community centres,

•  dwelling-houses,

•  exhibition homes,

•  home businesses,

•  housing for older people or people with a disability,

•  land clearing,

•  places of worship,

•  public authority premises,

•  recreation areas,

•  roads,

•  telecommunications facilities,

•  waste collection centres.

(3)  Development not included in subclause (1) or (2) is prohibited within the 2ec Residential—Environmental Constraints zone.

cl 13: Am 11.1.2002.

14 What are the objectives of the 2g Residential—General zone?

The objectives of the 2g Residential—General zone are:

(a)  to encourage a variety of residential development, while maintaining a generally low density residential character, by permitting:

(i)  limited non-residential uses, and

(ii)  a variety of residential uses in small scale buildings comparable to single dwelling-houses, and

(b)  to ensure new development in the zone has regard to the beneficial features of the character of the area in which it is proposed, and

(c)  to provide for non-residential uses that are compatible with other land uses in the locality, service local residents or, in the case of public authority premises, need to be close to residences in the zone.

15 What development may be carried out in the 2g Residential—General zone?

(1)  Development for the purpose of the following is allowed without development consent within the 2g Residential—General zone:

•  utility installations.

(2)  Development for the purpose of the following is allowed only with development consent within the 2g Residential—General zone:

•  bed and breakfast establishments,

•  caravan parks where reticulated water and sewerage services are provided,

•  child care centres,

•  community centres,

•  dual occupancies,

•  dwelling-houses,

•  educational establishments,

•  exhibition homes,

•  general stores,

•  home businesses,

•  hospitals,

•  housing for older people or people with a disability,

•  integrated housing where reticulated water and sewerage services are provided,

•  land clearing,

•  manufactured home estates where reticulated water and sewerage services are provided,

•  places of assembly,

•  places of worship,

•  public authority premises,

•  recreation areas,

•  roads,

•  telecommunications facilities,

•  waste collection centres.

(3)  Development not included in subclause (1) or (2) is prohibited within the 2g Residential—General zone.

cll 15: Am 11.1.2002; 17.10.2003.

16 What are the objectives of the 2t Residential—Tourism zone?

The objectives of the 2t Residential—Tourism zone are:

(a)  to provide a variety of residential opportunities at relatively higher densities in localities where full services are provided and which are close to commercial centres and community facilities, and

(b)  to encourage tourist facilities and accommodation in areas close to commercial centres, and

(c)  to provide for limited commercial activities where they are compatible with adjoining buildings and uses.

17 What development may be carried out in the 2t Residential—Tourism zone?

(1)  Development for the purpose of the following is allowed without development consent within the 2t Residential—Tourism zone:

•  utility installations.

(2)  Development for the purpose of the following is allowed only with development consent within the 2t Residential—Tourism zone:

•  bed and breakfast establishments,

•  boarding houses,

•  caravan parks,

•  child care centres,

•  community centres,

•  dual occupancies,

•  dwelling-houses,

•  educational establishments,

•  exhibition homes,

•  general stores,

•  home businesses,

•  hospitals,

•  housing for older people or people with a disability,

•  indoor recreation facilities,

•  integrated housing,

•  land clearing,

•  manufactured home estates,

•  marinas,

•  medical centres,

•  passenger transport terminals,

•  places of assembly,

•  places of worship,

•  professional offices,

•  public authority premises,

•  recreation areas,

•  registered clubs,

•  residential flat buildings,

•  restaurants,

•  roads,

•  service stations,

•  telecommunications facilities,

•  tourist accommodation,

•  waste collection centres,

•  any other land use not included in subclause (1) or (3).

(3)  Development for the purpose of the following is prohibited within the 2t Residential—Tourism zone:

•  agriculture,

•  animal establishments,

•  aquaculture,

•  brothels,

•  bulky goods salesrooms,

•  business incubators,

•  car parks,

•  cemeteries,

•  commercial premises,

•  depots,

•  extractive industries,

•  forestry,

•  generating works,

•  helipads,

•  hotels,

•  industries,

•  institutions,

•  junkyards,

•  liquid fuel depots,

•  mines,

•  motor showrooms,

•  offensive or hazardous industries,

•  public utility undertakings,

•  racecourses,

•  recreation establishments,

•  roadside stalls,

•  road transport terminals,

•  shops,

•  vehicle repair stations,

•  veterinary establishments,

•  warehouses.

cll 17: Am 11.1.2002; 17.10.2003.

18 (Repealed)

cl 18: Rep 11.1.2002.

19 What matters must the Council consider when assessing development on land in residential zones that adjoins or is adjacent to waterways, is located on a headland or is in an unserviced settlement?

(1)  The objectives of this clause are:

(a)  to ensure development is in keeping with the character of the locality and conforms in scale to the natural and built environment, and

(b)  to ensure development is commensurate with the level of services available.

(2)  In determining an application for consent for development within a residential zone, the Council must consider:

(a)  the bulk and scale of the proposed development and its compatibility with the character of the locality, and

(b)  the extent of the loss of existing and native vegetation, and

(c)  any potential impact on the visual and scenic amenity of the locality, and

(d)  whether the proposed development will be compatible with the level of existing essential public services, and

(e)  whether the development restricts public access to waterways and headlands.

20 What matters must the Council consider in regard to effluent disposal in unsewered areas?

A dwelling-house must not be erected on land which is not connected to a reticulated sewerage system, unless the Council is satisfied that the site is suitable for the on-site disposal of effluent.

21 What controls apply to non-residential development in the residential zones?

(1)  In this clause, non-residential development means development other than development for the purpose of dwellings, dwelling-houses, dual occupancies, housing for older people or people with disabilities, integrated housing, manufactured home estates, residential flat buildings or boarding-houses.

(2)  The objectives for non-residential development in residential zones are:

(a)  to provide for non-residential development that results in public utility services and installations that need to be located in residential zones for physical reasons such as topography (for example, water reservoirs, electricity substations and sewage pumping stations), and

(b)  to provide for non-residential development that caters to local residents, particularly children, such as child care centres, community centres, educational establishments, places of worship and some types of public authority premises, even where such development may have greater impact on the amenity of the area than the impact typically expected from residential development, and

(c)  to ensure non-residential development that does not need to be carried out near local residents, and that has greater impact on adjoining residents than would be expected from residential development, is located in the business zone, and

(d)  to ensure nearby residents and property owners are advised in advance of proposed non-residential development in residential zones and given the opportunity to inform the Council of their views.

(3)  Non-residential development that is permissible only with development consent in residential zones must be advertised in accordance with procedures adopted by the Council from time to time. These procedures need not require advertising of proposed additions or alterations to non-residential development that, in the opinion of the Council, are minor in nature or would have minimal additional impact on the amenity of the area.

(4)  In considering an application for consent for non-residential development in a residential zone, the Council must take into account the objectives for such development as set out in this clause and any representations from members of the public.

cl 21: Am 17.10.2003.

22 Can development in the residential zones be affected by development control plans?

A development control plan may identify land within a residential zone which is suitable for a limited range of uses or scale of development to help meet the objectives of this plan.

22A What matters must Council consider when assessing applications for residential flat buildings in the 2t Residential—Tourism zone?

(1)  This clause applies to development comprising residential flat buildings in the 2t Residential—Tourism zone.

(2)  The objectives of this clause are:

(a)  to ensure that the style and design of new development is compatible and consistent with the character, scale and density of existing residential development in the immediate vicinity and surrounding locality, and

(b)  to encourage responsive building design and architecture that has regard to the existing built and natural environments, and the streetscape.

(3)  In determining an application for consent for development to which this clause applies, the Council must consider:

(a)  the bulk, scale and style of the proposed development and its compatibility with the existing built and natural environments, and

(b)  the building form and materials, and the building’s appearance from adjoining property, including any public road or reserve, and

(c)  how the design responds to the amenity of the immediate neighbourhood, including surrounding buildings, the landscape and the street, and

(d)  how the design addresses adjoining development in terms of visual privacy, views, noise, sunlight access, drainage and landscaping.

cl 22A: Ins 17.10.2003.

Division 3 Business zone

23 What business zone is there?

There is the following business zone:

3a Business

24 What are the objectives of the 3a Business zone?

The objectives of the 3a Business zone are:

(a)  to provide for and encourage a range of commercial activities that rely on direct and frequent access by members of the public, especially retail, office, entertainment and personal service activities, including those carried out by public authorities, and

(b)  to recognise and reinforce a hierarchy of commercial centres, ranging from the three major centres of Batemans Bay, Moruya and Narooma, to village and neighbourhood shopping centres, and

(c)  to provide for and encourage intensive tourist accommodation, such as motels and holiday flats, in commercial centres if, and only if, on-site car parking is provided, and

(d)  to provide for and encourage dwellings on the upper floors of commercial buildings where on-site car parking is provided and to recognise that residential car parking demand will be lower in such a case than in the case of residential development in localities less convenient to commercial facilities, and

(e)  to enable small scale industries to operate in commercial centres, especially where they retail to or directly service the public, and

(f)  to ensure that small commercial centres providing primarily for the daily needs of nearby residential areas retain a scale and character consistent with a residential neighbourhood, and

(g)  to establish a zone where a broad range of uses is permissible to facilitate more detailed planning in the form of development control plans for specific commercial areas, and

(h)  to encourage a high standard of design in commercial centres, and

(i)  to encourage access for people with disabilities to commercial buildings.

25 What development may be carried out in the 3a Business zone?

(1)  Development for the purpose of the following is allowed without development consent within the 3a Business zone:

•  utility installations.

(2)  Development not included in subclause (1) or (3) is allowed only with development consent within the 3a Business zone.

(3)  Development for the purpose of the following is prohibited within the 3a Business zone:

•  agriculture,

•  brothels,

•  caravan parks,

•  depots,

•  extractive industries,

•  forestry,

•  generating works,

•  institutions,

•  integrated housing,

•  junkyards,

•  liquid fuel depots,

•  manufactured home estates,

•  mines,

•  offensive or hazardous industries,

•  racecourses,

•  roadside stalls,

•  road transport terminals,

•  showgrounds,

•  warehouses.

cll 25: Am 17.10.2003.

26 What controls apply to residential development in the 3a Business zone?

(1)  In this clause residential development means development for the purpose of dwelling-houses, dual occupancies, residential flat buildings or boarding houses.

(2)  The objectives for residential development in the 3a Business zone are:

(a)  to encourage greater vitality in business areas, especially outside standard business hours, and

(b)  to provide for convenient living opportunities, while minimising conflicts between commercial and residential land uses.

(3)  Residential development may be carried out in the 3a Business zone only if each of the following conditions can be met:

(a)  no residential development is provided on the ground floor of any building, except for access to dwellings and for car parking spaces, and

(b)  at least one car parking space is provided on the land for each dwelling on that land.

27 Can development in the 3a Business zone be affected by development control plans?

A development control plan may identify land within the 3a Business zone which is suitable for a limited range of uses or scale of development to help meet the objectives of this plan.

Division 4 Industrial zone

28 What industrial zone is there?

There is the following industrial zone:

4a Industrial

29 What are the objectives of the 4a Industrial zone?

The objectives of the 4a Industrial zone are:

(a)  to provide for industrial uses in an area where services, including roads, can be planned for industrial needs, and

(b)  to encourage mixed industrial and ancillary service activities to be located in appropriate areas and to prevent the establishment of conflicting land uses in industrial areas, and

(c)  to encourage a high standard of design and amenity in industrial areas, and

(d)  to permit limited retailing if it is ancillary to manufacturing on the premises, or where large and bulky goods are stored or to service people working in the industrial zone, and

(e)  to permit non-industrial uses that cater to people working in the industrial zone, and

(f)  to ensure industrial development reflects and supports the road hierarchy of the area.

30 What development may be carried out in the 4a Industrial zone?

(1)  Development for the purpose of the following is allowed without development consent within the 4a Industrial zone:

•  utility installations.

(2)  Development not included in subclause (1) or (3) is allowed only with development consent within the 4a Industrial zone.

(3)  Development for the purpose of the following is prohibited within the 4a Industrial zone:

•  bed and breakfast establishments,

•  boarding houses,

•  caravan parks,

•  commercial premises,

•  dual occupancies,

•  dwelling-houses (unless used in connection with other permissible land uses carried out on the same land),

•  hospitals,

•  hotels,

•  housing for older people or people with a disability,

•  integrated housing,

•  manufactured home estates,

•  medical centres,

•  mines,

•  professional offices,

•  registered clubs,

•  residential flat buildings,

•  roadside stalls,

•  shops,

•  showgrounds,

•  tourist accommodation,

cll 30: Am 17.10.2003.

31 What controls apply to brothels in the 4a Industrial zone?

(1)  In relation to the location of brothels in the 4a Industrial zone:

(a)  development for the purpose of a brothel must not be located within 50 metres of land zoned for residential use, and

(b)  development for the purpose of a brothel must not be located on property adjacent to, adjoining, or within view of, any church, place of worship, community facility, cultural facility, educational establishment, child care centre, hospital, medical centre, public open space, recreational area or any place frequented by children for any reason, or residence unless that residence is ancillary to the brothel.

(2)  Before granting consent to development for the purpose of a brothel, the Council must consider the following:

(a)  the distance between the premises and any church, place of worship, community facility, cultural facility, educational establishment, child care centre, hospital, medical centre, public open space, recreational area or any place frequented by children for any reason, or residence, and

(b)  whether the operation of the brothel could cause a disturbance in the neighbourhood, taking into account the location of any other brothels operating in the neighbourhood, and

(c)  where the building is used for multiple purposes, whether access to the brothel is by a separate entrance and whether common circulation areas are to be used, and

(d)  whether sufficient on-site parking can be provided, and

(e)  whether the operation of the brothel would interfere with the amenity of the neighbourhood because of its size, hours of operation, traffic generation, lighting, or noise or the number of its employees and clients.

32 Can development in the 4a Industrial zone be affected by development control plans?

A development control plan may identify land within the 4a Industrial zone which is suitable for a limited range of uses or scale of development to help meet the objectives of this plan.

Division 5 Road and car park zones

33 What road zones are there?

There are the following road zones:

5b Arterial Road

5b1 Local Road

5c Main Road

34 What are the objectives of the road zones?

The objectives of the road zones are:

(a)  in the case of the 5b Arterial Road zone and the 5c Main Road zone:

(i)  to identify existing and future major roads to reinforce the hierarchy of roads in the area of Eurobodalla, and

(ii)  to protect the function of major roads as through traffic routes from the effects of traffic-generating development on adjoining land, inappropriate accesses, or incompatible uses on land adjoining the road which may lead to restrictions on that function of the road, and

(iii)  to provide for a major element of long-term transport planning, and

(b)  in the case of the 5b1 Local Road zone, to reserve land essential for future local roads or widening of existing roads.

35 What development may be carried out in the road zones?

(1)  Development for the purpose of the following is allowed without consent within the Road zones:

•  roads,

•  utility installations.

(2)  Development not included in subclause (1) is allowed only with development consent within the Road zones.

(3)  No development is prohibited within the Road zones.

36 How is land zoned for arterial roads or for local roads acquired from the owner and how may it be used in the interim?

(1)  The owner of any land within the 5b Arterial Road zone or within the 5b1 Local Road zone may write to the Council, asking the Council to acquire the land. On receipt of such a request, the Council must acquire the land, unless the land can reasonably be required to be dedicated for public road as a condition of consent to a development application.

(2)  A person may, with the consent of the Council, carry out development on land in the 5b Arterial Road zone or the 5b1 Local Road zone:

(a)  if the development may be carried out on land in an adjoining zone, or

(b)  if it is compatible with development which may be carried out on land in an adjoining zone.

(3)  The Council must not consent to development allowed by this clause unless:

(a)  the Council has considered whether or not the proposed development would adversely affect the future use of the land as a public road, and

(b)  in the Council’s opinion, the land is not required for a public road in the immediate future, and

(c)  the land owner agrees not to require the Council to acquire the land for the period specified in the agreement.

(4)  Land acquired under this clause may be developed, with the consent of the Council, for any purpose until such time as it is required for the purpose for which it was acquired.

37 How is land zoned for main roads acquired from the owner and how may it be used in the interim?

Note—

Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.

(1)  In this clause:

the RTA means the Roads and Traffic Authority constituted under the Transport Administration Act 1988.

vacant land means land on which, immediately before the day on which a notice under subclause (2) is given, there were no buildings other than fences.

(2)  The owner of any land within the 5c Main Road zone may write to the RTA asking the RTA to acquire the land.

(3)  On receipt of such a request, the RTA must acquire the land if:

(a)  the land is vacant, or

(b)  the land is not vacant and:

(i)  the land is included in the 5-year works program of the RTA current at the time of receipt of the notice, or

(ii)  the RTA has decided not to give concurrence to an application for consent to the carrying out of development on the land, or

(iii)  the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time,

but the RTA is not required to acquire the land if it might reasonably be required to be dedicated for public road as a condition of consent to a development application.

(4)  A person may, with the consent of the Council, carry out development on land within the 5c Main Road zone:

(a)  if the development may be carried out on land in an adjoining zone, or

(b)  if it is compatible with development which may be carried out on land in an adjoining zone.

(5)    (Repealed)

(6)  Land acquired under this clause may be developed, with the consent of the Council, for any purpose until such time as it is required for the purpose for which it was acquired.

cl 37: Am 2008 (571), Sch 3.65 [1]–[4].

38 What car park zone is there?

There is the following car park zone:

5d Car Park

39 What are the objectives of the 5d Car Park zone?

The objectives of the 5d Car Park zone are:

(a)  to identify existing and proposed car parks of key importance to the future development of adjoining commercial land, and

(b)  to ensure that land is available for necessary off-street car parking in future, and

(c)  to provide for acquisition of land identified as necessary for car parking and for its use in the interim period.

40 What development may be carried out in the 5d Car Park zone?

(1)  No development is allowed without development consent within the 5d Car Park zone.

(2)  Development for the purpose of the following is allowed only with development consent within the 5d Car Park zone:

•  car parks,

•  roads,

•  telecommunications facilities,

•  utility installations,

•  any other land use.

(3)  No development is prohibited within the 5d Car Park zone.

41 How is land zoned for a car park acquired from the owner and how may it be used in the interim?

(1)  The owner of any land within the 5d Car Park zone may write to the Council, asking the Council to acquire the land. On receipt of such a request, the Council must acquire the land, unless:

(a)  the land might reasonably be required to be dedicated for a public car park as a condition of consent to a development application, or

(b)  the land owner has agreed to postpone the request for a period and the period has not expired.

(2)  A person may, with the consent of the Council, carry out development on land in the 5d Car Park zone:

(a)  if the development may be carried out on land in an adjoining zone, or

(b)  if it is compatible with development which may be carried out on land in an adjoining zone.

(3)  The Council must not consent to development allowed by this clause unless:

(a)  the Council has considered whether or not the proposed development would adversely affect the future use of the land as a public car park, and

(b)  in the Council’s opinion, the land is not required for a public car park in the immediate future, and

(c)  the land owner agrees not to require the Council to acquire the land for the period specified in the agreement.

(4)  Land acquired under this clause may be developed, with the consent of the Council, for any purpose until such time as it is required for the purpose for which it was acquired.

Division 6 Open space zones

42 What open space zones are there?

There are the following open space zones:

6a1 Public Open Space

6c1 Private Recreation

43 What are the objectives of the 6a1 Public Open Space zone?

The objectives of the 6a1 Public Open Space zone are:

(a)  to recognise the importance of land in the zone as open space and allow a limited range of uses compatible with keeping the land as open space and in public ownership, and

(b)  to permit a range of uses, especially recreational uses, where those uses comply with the plan of management for the land, and

(c)  to allow development on foreshores where that development is water-related and enhances the recreational use or natural environment of the foreshore, and

(d)  to reserve privately owned land that is essential for future public open space and provide for its acquisition by the Council, and

(e)  to ensure that development in areas of environmental significance does not reduce that significance.

44 What development may be carried out in the 6a1 Public Open Space zone?

(1)  Development for the purpose of the following is allowed without development consent within the 6a1 Public Open Space zone:

•  on community land, development by or on behalf of a public authority that is consistent with an adopted plan of management for that community land and, if not so consistent, would be allowed by subclause (2) or otherwise by this subclause,

•  utility installations,

•  works (including land clearing) carried out by or on behalf of a public authority involved in landscaping, gardening, bushfire hazard reduction, erosion control or rehabilitation, or drainage.

(2)  Development for the purpose of the following is allowed only with development consent within the 6a1 Public Open Space zone, but only if it is not included in subclause (1):

•  agriculture,

•  aquaculture,

•  caravan parks for short-term residents only,

•  car parks,

•  cemeteries,

•  child care centres,

•  community centres,

•  development by a public authority,

•  dwelling-houses required for the management of the reserve or facilities on the reserve,

•  educational establishments,

•  forestry,

•  helipads for emergency use only,

•  indoor recreation facilities,

•  land clearing,

•  marinas,

•  places of assembly,

•  racecourses,

•  recreation areas,

•  recreation establishments,

•  restaurants,

•  roads,

•  showgrounds,

•  telecommunications facilities,

•  waste collection centres.

(3)  Development not included in subclause (1) or (2) is prohibited within the 6a1 Public Open Space zone.

45 Must development in the 6a1 Public Open Space zone comply with a plan of management for community land?

The Council must not consent to any development on public land classified as community land under the Local Government Act 1993 in the 6a1 Public Open Space zone if that development would be inconsistent with an adopted plan of management for that land.

46 How is land zoned for public open space acquired from the owner and how may it be used in the interim?

(1)  The owner of land within the 6a1 Public Open Space zone may write to the Council, asking the Council to acquire the land. On receipt of such a request, the Council must acquire the land, unless:

(a)  the land can reasonably be required to be dedicated for the purpose of public open space by the owner on subdivision or development of that land or adjoining land in the same ownership, or

(b)  the land is public land and held by a public authority for the purpose of public open space, or

(c)  the land owner has agreed to postpone the request for a period and the period has not expired.

(2)  Where the land is within the 6a1 Public Open Space zone and the land is not owned by the Council nor held by a public authority for the purpose of public open space, the Council must not consent to any development of the land unless:

(a)  the Council has considered whether or not the proposed development would adversely affect the future use of the land as public open space, and

(b)  in the Council’s opinion, the land is not required for public open space in the immediate future, and

(c)  the land owner agrees not to require the Council to acquire the land for the period specified in the agreement.

47 What are the objectives of the 6c1 Private Recreation zone?

The objectives of the 6c1 Private Recreation zone are to recognise and provide for major recreational uses carried out on land not owned by a public authority.

48 What development may be carried out in the 6c1 Private Recreation zone?

(1)  Development for the purpose of the following is allowed without development consent within the 6c1 Private Recreation zone:

•  utility installations.

(2)  Development for the purpose of the following is allowed only with development consent within the 6c1 Private Recreation zone:

•  agriculture,

•  aquaculture,

•  caravan parks,

•  car parks,

•  cemeteries,

•  dual occupancies normally ancillary to other permissible development carried out on the same land,

•  dwelling-houses normally ancillary to other permissible development carried out on the same land,

•  educational establishments,

•  exhibition homes,

•  forestry, indoor recreation facilities,

•  land clearing,

•  marinas,

•  places of assembly,

•  public authority premises,

•  racecourses,

•  recreation areas,

•  recreation establishments,

•  registered clubs,

•  restaurants,

•  roads,

•  showgrounds,

•  telecommunications facilities,

•  tourist accommodation,

•  waste collection centres.

(3)  Development not included in subclause (1) or (2) is prohibited within the 6c1 Private Recreation zone.

Part 3 Special provisions

48A What is exempt and complying development?

(1)  Development of minimal environmental impact listed as exempt development in Development Control Plan—Exempt and Complying Development, as adopted by the Council on 27 March 2001, is exempt development, despite any other provisions of this plan.

(2)  Development listed as complying development in Development Control Plan—Exempt and Complying Development, as adopted by the Council on 27 March 2001, 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—Exempt and Complying Development, as adopted by the Council on 27 March 2001.

(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—Exempt and Complying Development, as in force when the certificate is issued.

cl 48A: Ins 11.1.2002.

49 How does this plan affect covenants and similar private agreements?

(1)  The objective of this clause is to enable development to be carried out in accordance with this plan, even if the development would otherwise be prohibited by a private covenant or other agreement.

(2)  If any agreement, covenant or similar instrument prohibits development allowed by this plan, or by a consent granted pursuant to this plan, then it shall not apply to that development, to the extent necessary to allow that development.

(3)  In accordance with section 28 of the Environmental Planning and Assessment Act 1979, the Governor approved of subclause (2) before this plan was made.

50 What general provisions apply to the temporary use of land?

(1)  Regardless of any other provisions of this plan that prohibit proposed development, the Council may grant consent for development that would be otherwise prohibited being carried out for a maximum period of 28 days, whether consecutive or non-consecutive, in any one year if, in the Council’s opinion, the development would further the objectives of this plan.

(2)  In addition, the Council may consent to the use of any dwelling for the purpose of an exhibition home for a period of time determined by the Council, except a dwelling within the 6a1 Public Open Space zone.

(3)  Subclause (1) does not apply to Crown land reserved for a nominated public purpose, unless the land is under the care, control and management of the Council.

51 What matters must the Council consider when consenting to development within the 2t Residential—Tourism zone that is not defined for the purposes of this plan?

(1)  This clause applies to development for the purpose of a building, work, place or land use permissible with consent within the 2t Residential—Tourism zone, but that is not defined by the dictionary.

(2)  The Council may grant consent to the carrying out of development to which this clause applies if, and only if, in the opinion of the Council:

(a)  the proposed development would not undermine the objectives of this plan and granting consent would not set a precedent for subsequent development that would cumulatively be inconsistent with the objectives of this plan, and

(b)  the development would be compatible with the objectives of the zone in which it is proposed, the character of the land on which it is proposed, adjoining land uses and the amenity of the locality enjoyed by its residents.

(3)  The Council must not grant consent for development pursuant to this clause unless it has considered a report on the likely effect of the proposed development that addresses the following:

(a)  any social, economic and environmental impacts on the community,

(b)  any transformation of the character and amenity of the locality,

(c)  any environmental impact on the ecosystem of the locality,

(d)  any reduction of the aesthetic, recreational, scientific or other environmental quality or value of the locality,

(e)  any effect on items, structures and places having heritage significance or other special value for present or future generations,

(f)  any long-term effects on the environment,

(g)  any endangering of any species of animal, plant or other form of life,

(h)  any degradation of the quality of the environment,

(i)  any risk of safety to the environment,

(j)  any environmental problems associated with the disposal of waste,

(k)  any cumulative environmental effect with other existing or likely future development or activities.

(4)  Development for which consent is sought pursuant to this clause must be advertised as if it were designated development.

52 Can development allowed in the adjoining zone be carried out near zone boundaries?

(1)  Development that (in the absence of this clause) would be prohibited in a zone may be carried out with development consent within 20 metres of the boundary between that zone and another zone if it is permitted in the other zone either with or without development consent.

(2)  The provisions of subclause (1) do not apply to any land with a shared boundary with land within the 6a1 Public Open Space zone, 5b Arterial Road zone, 5b1 Local Road zone or 5c Main Road zone.

cl 52: Am 17.10.2003.

53 What development can be carried out on unzoned land?

(1)  Land to which this plan applies that is not within a zone is called unzoned land for the purposes of this plan.

(2)  Unzoned land may be developed for any purpose with the consent of the Council, except that aquaculture is prohibited in the waters of the following lakes:

•  Coila Lake

•  Brunderee Lake

•  Tarouga Lake

•  Brou Lake

•  Mummaga Lake

•  Kianga Lake

•  Little Lake (Narooma)

•  Bullengella Lake

•  Nangudga Lake

•  Nargal Lake

•  Corunna Lake

•  Tilba Tilba Lake

•  Little Lake (Tilba).

(3)  In considering whether to grant consent for development on unzoned land, the Council must consider:

(a)  the zoning of adjoining land and whether or not the development would be allowed in that zone, and

(b)  the impact of the proposed development on the pattern of land use in the vicinity and the amenity of the vicinity, and

(c)  in the case of unzoned land that is below the mean high water mark of the ocean, an estuary, a tidal lake, an enclosed lake or a river:

(i)  whether or not the proposed development would alienate the use of the waters of the ocean, estuary, lake or river from recreational uses, including recreational fishing, or from commercial fishing and, if so, whether there is sufficient area set aside in the locality for those uses to mitigate the adverse effect of the proposed development on those uses, and

(ii)  the impact of the proposed development on the ecological integrity of the waterway and the ability of the waterway to continue to sustain multiple uses.

(4)  The Council must not grant consent for development on unzoned land that would be prohibited in a zone adjoining the land, unless the Council is satisfied that the development would have little or no adverse effect on the amenity of the locality and the future pattern of development of adjoining land.

54 What controls apply to outdoor advertising?

(1)  For the purpose of this plan:

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.

Business identification sign means an advertisement, whether illuminated or not, which, in respect of any place or premises to which it is affixed, contains only one or more of the following:

(a)  a reference to the identity or a description of the place or premises,

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

(c)  particulars of any occupation carried on at the place or premises,

(d)  such directions or cautions as are usual or necessary relating to the place or premises or the occupation carried on at the place or within the premises,

(e)  particulars or notifications required or permitted to be displayed by or under any State or Commonwealth Act,

(f)  particulars relating to the goods, commodities or services dealt with or provided at the place or premises,

(g)  particulars of any activities held or to be held at the place or premises,

(h)  a reference to an affiliation with a trade, professional or other association relevant to the business conducted at the place or premises.

Commercial or industrial directory sign means an advertisement erected on private or public land, either privately or by the Council, providing space on which individual signs may be displayed for commercial or industrial centres located off main roads.

Fly poster means an advertisement promoting any event or activity adhered to or placed on a power pole or other public property, or a building hoarding or the like.

Internally illuminated street sign means a street identification sign which provides space for the advertisement of commercial premises, or the conveying of information, instructions, directions or the like.

Land estate sign means an advertisement which advertises and provides directions to land which consists of no less than 6 adjoining individual lots developed simultaneously and released for sale.

Real estate sign means an advertisement:

(a)  that contains a message that the place or premises to which it is affixed is or are for sale or letting and may also contain particulars of the sale or letting, and

(b)  in the case of a place or premises consisting of or on residential land relating to sale by means other than auction or a letting, that does not exceed 1.22 metres in length or 0.915 metre in height and does not have an area greater than 1.12 square metres, and

(c)  in the case of a place or premises consisting of or on residential land relating to sale by auction, that does not exceed 1.83 metres in length or 1.22 metres in height and does not have an area greater than 2.30 square metres, and

(d)  in all other cases, that does not exceed 2.44 metres in length or 1.83 metres in height and does not have an area greater than 4.50 square metres.

Temporary sign means an advertisement displayed for not more than two months and that:

(a)  announces any local event of religious, educational, cultural, political, social or recreational character or relates to any temporary matter in connection with such an event, and

(b)  does not include advertising of a commercial nature (except for the name of the event’s sponsor).

Tourist directory sign means an advertisement erected by the Council, the Roads and Traffic Authority or another public authority and the purpose of which is to direct the attention of the public to services, activities, features or facilities likely to be of interest especially to travellers and tourists.

Vehicle mounted sign means an advertisement displayed on a vehicle, including a trailer or the like, where the vehicle acts as part of the supporting structure for the advertisement, but does not include an advertisement on a vehicle being used primarily for the conveyance of goods or passengers.

(2)  An advertisement (other than an advertisement identified as exempt development in Development Control Plan—Exempt and Complying Development, as adopted by the Council on 27 March 2001, or an advertisement prohibited by subclause (3)) may be erected on land to which this plan applies, but only with the consent of the Council. Advertisements for which consent is required include:

(a)  land estate signs,

(b)  business identification signs other than those identified as exempt development in Development Control Plan—Exempt and Complying Development, as adopted by the Council on 27 March 2001,

(c)  advertisements placed on land for the specific purpose of directing the travelling public to places of scientific, historic, scenic or tourist interest, but only if:

(i)  the advertisements relate to a building or place, and

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

(iii)  the size of the advertisements is not larger than would reasonably be required to direct the travelling public,

(d)  internally illuminated street signs.

(3)  The following advertisements are prohibited:

(a)  advertisements erected on land within a residential or open space zone, other than:

(i)  advertisements identified as exempt development in Development Control Plan—Exempt and Complying Development, as adopted by the Council on 27 March 2001,

(ii)  land estate signs, business identification signs, internally illuminated street signs, advertisements directing the travelling public to places of scientific, historic, scenic or tourist interest expressly allowed with consent by subclause (2), and

(iii)  advertisements on bus shelters,

(b)  fly posters.

(4)  (Renumbered as subclause (3))

cll 54: Am 11.1.2002.

55 What are flood prone land, mapped flood prone land and flood standard?

(1)  For the purposes of this plan, flood prone land is:

(a)  land that is susceptible to river inundation by a Probable Maximum Flood (PMF) event, or

(b)  land considered by the Council to be subject to local stormwater flooding.

(2)  For the purposes of this plan, mapped flood prone land is land mapped for the purposes of defining a flood standard that has been adopted by the Council. Mapped flood prone land is identified on maps held in the Council’s offices and marked “Eurobodalla Shire—Flood and Inundation Affected Areas”.

(3)  For the purposes of this plan, the flood standard defines an area of land that is subject to flood-related development and building controls. The flood standard is described by a designated flood below which management of development is required under the NSW Government’s Flood Prone Land Policy.

56 What are the objectives for developing flood prone land?

The objectives of this plan for the development of flood prone land are:

(a)  to ensure that the nature and extent of flooding or inundation hazard are taken into account prior to development taking place, and

(b)  to minimise the risk of hazards to life and property from flooding and inundation without unreasonably sterilising the use of land, and

(c)  to provide for flexibility in controlling development in flood prone localities so that new information or approaches to hazard management can be employed where appropriate, and

(d)  to reduce private and public losses due to flooding and inundation in accordance with the Government’s Flood Prone Land Policy.

57 What special controls apply to development of flood prone land?

(1)  Before granting consent to development of flood prone land, the Council must consider the following:

(a)  the extent and nature of the flooding or inundation hazard affecting the land,

(b)  whether or not the proposed development would increase the risk of or severity of flooding or inundation affecting other land or buildings, works or other land uses in the vicinity,

(c)  whether the risk of flooding or inundation affecting the proposed development could be reasonably mitigated and whether conditions should be imposed on any consent to further the objectives of this plan,

(d)  the social impact of flooding on occupants, including the ability of emergency and support services to access, rescue and support residents of flood prone areas,

(e)  the provisions of any Floodplain Management Plan, Interim Local Flood Policy or Development Control Plan adopted by the Council.

(2)  Regardless of any other provision of this plan, development for the purpose of residential or tourist accommodation is prohibited on mapped flood prone land zoned 3a Business within the Town of Moruya.

58 What are coastline hazards?

Coastline hazards are defined as detrimental impacts of coastal processes on the use, capability and amenity of the coastline. This includes such matters as ocean or tidal inundation, beach erosion, shoreline recession, sea level rise and climate change, sand drift and cliff instability.

59 What are the objectives for development of land subject to coastline hazard?

The objectives of this plan for land subject to coastline hazard, in accordance with the State Government’s Coastline Hazard Policy, are:

(a)  to reduce the impact of coastline hazards on owners/occupiers of coastal land, and

(b)  to reduce private and public losses resulting from coastline hazards, and

(c)  to design developments subject to the influence of coastline hazards with due regard to the nature of the hazard, so as not to unnecessarily sterilise the use of land, and

(d)  to take into account social, economic, aesthetic, recreational and ecological issues in considering uses of such land, and

(e)  to provide for flexibility in controlling development in the coastal zone so that new information or approaches to hazard management can be employed where appropriate.

60 What special controls apply to development of land subject to coastline hazard?

Before granting consent to development of land subject to coastline hazard, the Council must consider the following:

(a)  the extent and nature of coastline hazard affecting the land,

(b)  whether or not the proposed development would increase the risk or severity of coastline hazard affecting other land or buildings, works or other land uses in the vicinity,

(c)  whether the risk of coastline hazard affecting the proposed development could be reasonably mitigated and whether conditions should be imposed on any consent to further the objectives of this plan,

(d)  the provisions of any coastline management plan or relevant development control plan.

61 When do roads not require development consent?

(1)  Development comprising the construction of roads and associated works, including bridges, landscaping and drainage, may be carried out without development consent if it is carried out by or on behalf of a public authority.

(2)  Maintenance and repair of an existing constructed road may be carried out without development consent.

(3)  Development comprising the construction of roads and associated works may be carried out without consent if it is ordinarily ancillary to development allowed by a development consent.

cll 61: Am 11.1.2002.

62 How are intersections with main roads approved?

(1)  A road or other means of vehicular access which forms a junction or intersection with a main road must not be opened without the consent of the Council.

(2), (3)    (Repealed)

cl 62: Am 17.12.2004.

63 What general controls apply to land near major roads?

(1)  The objective of this clause is to ensure that adjoining land uses do not undermine the primary role of major roads as safe and efficient traffic carriers as part of a hierarchy of roads and transport routes.

(2)  For the purposes of this clause, major road means any main road or arterial road or any other road which, in the opinion of the Council, carries or is likely to carry a significant volume of vehicular traffic and includes the following roads:

•  Princes Highway

•  Kings Highway

•  Beach Road (Batemans Bay)

•  George Bass Drive

•  Tomakin Road

•  North Head Drive

•  South Head Road

•  Hector McWilliam Drive

•  Mort Avenue—Dalmeny Drive

•  Bermagui Road.

(3)  This clause applies to land:

(a)  that has a frontage to a major road, or

(b)  that relies on a major road for its sole direct means of vehicular access, or

(c)  that has direct vehicular access to another road at a point less than 90 metres from that road’s intersection with a major road.

(3A)  This clause does not apply to development for the purposes of a dwelling-house or dual occupancy on land to which this clause applies and referred to in subclause (3) (c).

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

(a)  the development, by its nature or intensity, or the volume and type of traffic likely to be generated, is unlikely to constitute a traffic hazard or to materially reduce the capacity and efficiency of the major road, and

(b)  the development is of a type, whether or not related to the characteristics of the land on which it is proposed to be carried out, that justifies a location in proximity to a major road, and

(c)  the location, standard and design of access points, and on-site arrangements for vehicle movement and parking, ensure that through traffic movements on the major road are not impeded, and

(d)  the development will not prejudice future improvements or realignment to a major road to be carried out by the Council, and

(e)  the development will not prejudice future improvements to or realignment of a major road, particularly with regard to the number of access points to main roads, and

(f)    (Repealed)

(g)  access to the land will be provided by a road other than a main road, wherever practicable, and

(h)  existing and predicted traffic impacts, including vehicular noise, are considered in the design and location of the development.

cl 63: Am 17.10.2003; 2008 (571), Sch 3.65 [5] [6].

64 What general controls apply to subdivision?

Land may be subdivided, but only with the consent of the Council.

65 What general controls apply to earthworks on land?

Earthworks, being filling or excavating of land to the extent that existing drainage patterns or the use to which the land may be put, or both, are changed, may only be carried out with the consent of the Council.

66 What general controls apply to tree removal?

(1)  A tree preservation order may be made by the Council by resolution and may apply to any land to which this plan applies.

(2)  A tree preservation order may require the consent of the Council to remove, lop or damage a tree or other vegetation.

(3)  A person must not remove, lop or damage a tree or other vegetation contrary to a tree preservation order that has been published in a newspaper circulating in the area of Eurobodalla.

Part 4 Heritage conservation controls

67 What heritage conservation areas apply in this plan?

For the purposes of this plan, heritage conservation area means the land shown edged with a broken heavy black line and noted as the “Tilba Conservation Area” on the land use map.

68 What are the objectives of the Tilba Conservation Area?

The objectives of the heritage conservation area known as the Tilba Conservation Area are:

(a)  to recognise that the heritage conservation area is of heritage significance to the local government area of Eurobodalla, New South Wales and Australia, and

(b)  to encourage conservation and enhancement of the heritage significance of the heritage conservation area by ensuring proper consideration is given to the effects of proposed development on that heritage significance, and

(c)  to maintain mixed commercial and residential development in the main street of Central Tilba, and

(d)  to provide a framework within which more detailed guidelines for development of the heritage conservation area and conservation of its heritage significance can be expressed in a development control plan.

69 What special controls apply to development in heritage conservation areas?

(1)  Consent of the Council is required to:

(a)  demolish, deface, damage or move a building, work, relic, tree or place within a heritage conservation area, or

(b)  alter a building, work, relic, tree or place within a heritage conservation area by making structural changes to its exterior, or

(c)  alter a building, work, relic, tree or place within a heritage conservation area by making non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect its heritage significance, or

(d)  erect a building on, or subdivide land within a heritage conservation area.

(2)  Development consent is not required by this clause if the Council is of the opinion that the proposed development would not adversely affect the heritage significance of the heritage conservation area concerned.

(3)  In assessing an application for consent required by subclause (1), the Council must take into account the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage conservation area concerned.

Note—

The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).

cl 69: Am 2008 (571), Sch 3.65 [7].

70 Are dwelling-houses permissible in the 3a Business zone in a heritage conservation area?

Land in the 3a Business zone within a heritage conservation area may be developed for the purpose of a dwelling-house, but only with the consent of the Council.

71 What special controls apply to development affecting heritage items?

(1)  Consent of the Council is required to:

(a)  demolish, deface, damage or move a heritage item, or

(b)  alter a heritage item by making structural changes to its exterior, or

(c)  alter a heritage item by making non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect its heritage significance, or

(d)  move a relic, or excavate land for the purpose of discovering, exposing or moving a relic, or

(e)  erect a building on, or subdivide, land on which a heritage item is located.

(2)  Development consent is not required by this clause if the Council is of the opinion that the proposed development would not adversely affect the heritage significance of the heritage item.

(3)  In assessing an application for consent required by this clause, the Council must take into account the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item.

72 What advertising is required for heritage items?

(1)  Any development application for a proposal to demolish, deface or damage a heritage item or a building, work, relic, tree or place within a heritage conservation area must be advertised as if it were for consent for designated development.

(2)    (Repealed)

cl 72: Am 2008 (571), Sch 3.65 [8].

73 What special controls apply to development on archaeological sites that have Aboriginal or non-Aboriginal heritage significance?

(1)  The Council may grant consent to the carrying out of development on an archaeological site that has Aboriginal heritage significance or a potential archaeological site that is reasonably likely to have Aboriginal heritage significance only if:

(a)  it has considered an assessment of how the development would affect the conservation of the site and any relic known or reasonably likely to be located at the site prepared in accordance with any guidelines for the time being notified by the Director-General of the National Parks and Wildlife Service, and

(b)  except where the proposed development is integrated development, it has notified the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and taken into consideration any comments received in response within 21 days after the notice was sent, and

(c)  it is satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted.

(2)  The Council may grant consent to the carrying out of development on an archaeological site that has non-Aboriginal heritage significance or a potential archaeological site that is reasonably likely to have non-Aboriginal heritage significance only if:

(a)  it has considered an assessment of how the proposed development would affect the conservation of the site, and any relic known or reasonably likely to be located at the site, prepared in accordance with any guidelines for the time being notified to it by the Heritage Council, and

(b)    (Repealed)

(c)  it is satisfied that any necessary excavation permit requested by the Heritage Act 1977 has been granted.

cl 73: Am 2004 No 55, Sch 2.11; 2008 (571), Sch 3.65 [9] [10].

74 What conservation incentives relate to heritage items?

(1)  Regardless of the other provisions of this plan, the Council may grant consent to the use of a building that is a heritage item, the use of a building in a heritage conservation area or the use of the land on which any such building is sited, for any purpose, if the Council is satisfied that:

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

(b)  conservation of the building depends on the Council granting consent to the proposed use.

(2)  The Council, when considering an application to erect a building on land on which there is a building which is a heritage item, may exclude the item from its calculations for the purposes of:

(a)  determining floor space ratio, and

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

(c)  calculating contributions under section 94 of the Environmental Planning and Assessment Act 1979, if the relevant contributions plan adopted by the Council so provides,

but only if the Council is satisfied that the conservation of the building depends on the Council’s making the exclusion.

75 What are heritage items and archaeological sites or potential archaeological sites?

The following buildings, works, relics, trees or places are heritage items, and archaeological sites or potential archaeological sites, within the meaning of this plan.

Batemans Bay
1	Description:	Museum/former court house and police station
	Location:	Lot 101, DP 1001026, 3 Museum Place
2	Description:	Roman Catholic Cemetery
	Location:	Lot 13, Section 4, DP 758064 and Lot 1, DP 126112, 1 Bent Street
3	Description:	Presbyterian Cemetery
	Location:	Lot 1, DP 740584, 2A Beach Road
4	Description:	Teacher’s residence
	Location:	Lot 2, DP 817820, 8 Beach Road
5	Description:	CWA Hall/former public school
	Location:	Lot 31, DP 861414, 10 Beach Road
6	Description:	Bay View Hotel
	Location:	Lot 11, DP 740977, 20 Orient Street
7	Description:	Coal bunker wharf
	Location:	Lot 7030, DP 755902, Clyde Street and adjacent to Clyde River
8	Description:	The boatshed and jetty
	Location:	Lot 300, DP 755902, 1c Clyde Street and adjacent to Clyde River
Bodalla
1	Description:	St Edmunds and Our Lady Star of the Sea Catholic Church
	Location:	Part Lot 21, DP 752131, 162 Princes Highway
2	Description:	All Saints Anglican Church
	Location:	Part Lot 21, DP 752131, 48 Princes Highway
3	Description:	Post office and residence
	Location:	Lot 1, DP 997476, 66A Princes Highway
4	Description:	Police Station and lock-up
	Location:	Lot 1, DP 176147, 96–100 Princes Highway
5	Description:	Bodalla Arms Hotel
	Location:	Part Lot 29, DP 13566, 79 Princes Highway
6	Description:	School residence, including washhouse and private yard
	Location:	DP 74029, 7 Eurobodalla Road
7	Description:	Shop/former Commercial Bank of Australia
	Location:	Part Lot 29, DP 13566, 79 Princes Highway
8	Description:	Residence/former Catholic Presbytery
	Location:	Lot 30, DP 561292, 157 Princes Highway
9	Description:	Bakery Oven, Bodalla Bakery
	Location:	Lot 44, DP 13566, 66 Princes Highway
10	Description:	Residence/former Bodalla Company Estate, doctor’s/manager’s residence
	Location:	Lot 86, DP 584733, 84 Princes Highway
Broulee
1	Description:	Mrs Abraham Maleber’s Grave
	Location:	DP 758168, Albert Street, Broulee Island
2	Description:	Erin-Go-Bragh Hotel site
	Location:	DP 758168, Albert Street, Broulee Island
3	Description:	Rail tracks on former jetty
	Location:	DP 758168, Albert Street, Broulee Island
Central Tilba
1	Description:	School of Arts (Little Hall)
	Location:	Lot 1, DP 919316 and Lot 1, DP 919977, 3A Bate Street
2	Description:	School of Arts (Large Hall)
	Location:	Lot 16, Section 3, DP 3166, 3A Bate Street
3	Description:	Craft shop/former general store
	Location:	Lot 12, Section 3, DP 3166, 11 Bate Street
4	Description:	House/former slab residence
	Location:	Lot 11, Section 3, DP 3166, 13 Bate Street
5	Description:	“Nachanuka” shop and residence/former butcher’s shop and curtilage
	Location:	Lots 3–5, Section 3, DP 3166, 25–29 Bate Street
6	Description:	ABC Cheese Factory
	Location:	Lot 120, DP 789836, 37 Bate Street
7	Description:	Dromedary Hotel
	Location:	Lot 1, Section 2, DP 3166, 14 Bate Street
8	Description:	Bates’ General Store
	Location:	Lot 6, Section 2, DP 3166, 2 Bate Street
9	Description:	War Memorial
	Location:	Road reserve adjacent to 2 Bate Street
Dalmeny
1	Description:	Roman Catholic Church
	Location:	Lot 214, DP 25668, 26 Lonsdale Parade
Guerilla Bay
1	Description:	World War II Radar Station Number 17
	Location:	Part Reserve 20853, DP 755902, Burri Point Road, Burrewarra Point Reserve
Mogo
1	Description:	Cottage
	Location:	Lot 581, DP 740411, 37 Sydney Street
2	Description:	Residence and shop
	Location:	Lot 45, DP 771699, 25 Sydney Street
3	Description:	Pottery/former Catholic Church
	Location:	Lot 70, DP 755902, 22–24 Sydney Street
4	Description:	Studio and gallery/former residence
	Location:	Lot 761, DP 807011, 34–36 Sydney Street
5	Description:	Nursery/former Diggers Store
	Location:	Lot 1, Section 6, DP 758688, 42 Sydney Street
6	Description:	Shop/former post office
	Location:	Lot 2, Section 6, DP 758688, 44 Sydney Street
Moruya
1	Description:	St John’s Anglican Church Group, comprising church and rectory
	Location:	Lot 2, Section 21, DP 758710, Lots 1–3, DP 861020, Page, Campbell and Foreman Streets
2	Description:	Bed and Breakfast/former post office
	Location:	Lot 111, DP 814792, 52 Campbell Street
3	Description:	Former Shire offices
	Location:	Lot 1, Section 28, DP 758710, 67–71 Campbell Street
4	Description:	Residence
	Location:	Lot 11, DP 998655, 55 Campbell Street
5	Description:	Emmott House and Gibson House
	Location:	Lots 1 and 2, DP 608571, 85–87 Campbell Street
6	Description:	Former Mechanics Institute
	Location:	Lot 52, DP 738419, 13 Page Street
7	Description:	Newsagent/stationary shop
	Location:	Lots 1 and 2, DP 1017071, 42 Vulcan Street
8	Description:	Sundial
	Location:	Lot 3, DP 608571, Vulcan Street
9	Description:	Court House
	Location:	Lot 9, Section 11, DP 758710, 65 Vulcan Street
10	Description:	Residence/former watch-house
	Location:	Part Reserve 85760, Lot 701, DP 1019731, 3 Page Street
11	Description:	Sacred Heart Catholic Church and St Mary’s Convent Group, comprising church, presbytery, convent and primary school
	Location:	Lots 1 and 2, Section 11, DP 758710, Page Street and Lot 3, Section 11, DP 758710, Queen Street
12	Description:	Public School
	Location:	Lot 1, DP 740640, 16–28 Evans Street
13	Description:	St Stephens Presbyterian Church
	Location:	Lot 1, DP 125447, Lot 11, Section 26, DP 758710, 31 Evans Street
14	Description:	Cemeteries
	Location:	Lots 1–3, Section 45, DP 752151, Reserve 34832, Kiora Street
15	Description:	Adelaide Hotel
	Location:	Lot 1, DP 826354, 36–38 Vulcan Street
16	Description:	Store/former “Merchant of Moruya” and “Moruya Examiner” building
	Location:	Lot 22, DP 543431, 58 Campbell Street
17	Description:	Air Raid Tavern/former Keatings Hotel site
	Location:	Lot 10, DP 711342, 73 Vulcan Street
18	Description:	Residence/former cheese factory
	Location:	Lot 1, DP 1047608, 57 Hawdon Street
19	Description:	Uniting Church
	Location:	Lot 2, DP 17507, 7 Page Street
20	Description:	Womens’ Refuge/former Club House Hotel
	Location:	Lot 16, DP 774456, 43 Queen Street
21	Description:	Vivian Cottage
	Location:	Lot 41, DP 610525, 60 Campbell Street
22	Description:	Residence/former Gundary Hotel
	Location:	Lot 1, DP 125177, 63 Hawdon Street
23	Description:	Professional offices/former Commonwealth Bank
	Location:	Lot 2, DP 807857, 51 Vulcan Street
24	Description:	Newspaper office/former powerhouse
	Location:	Lot 1, DP 999817, 10 Page Street
25	Description:	Residence
	Location:	Lot 20, DP 580660, 29 Evans Street
26	Description:	Residence
	Location:	Lot 1, DP 745402, 19 Page Street
27	Description:	Residence
	Location:	Lot 1, DP 782787, 21 Page Street
28	Description:	Prospect residence
	Location:	Lot 22, DP 543431, 56 Campbell Street
29	Description:	Residence/former private hospital
	Location:	Lot 81, DP 613866, 62 Campbell Street
30	Description:	RSL Memorial Hall
	Location:	Lot 53, DP 738419, 11 Page Street
31	Description:	Residence
	Location:	Lot 1, DP 783612, 23 Page Street
32	Description:	Masonic Hall
	Location:	Lot 1, DP 195766, 16 Page Street
33	Description:	Commercial building/former Bank of New South Wales
	Location:	Lot 1, DP 125506, and Lot D, DP 403684, 59 Vulcan Street
34	Description:	Residence/former Kildare Hotel
	Location:	Lot 101, DP 710162, 51 Queen Street
35	Description:	Publishing office/former “Moruya Examiner” office
	Location:	Lot 2, DP 81710, 8 Page Street
36	Description:	Pharmacy
	Location:	Lot 100, DP 731106, 60 Vulcan Street
37	Description:	Shops/former Garnet Chewying building
	Location:	Lots 7 and 8, DP 1003486, 70–72 Vulcan Street
38	Description:	Girl Guide Hall/former Newstead Public School
	Location:	Lots 1 and 2, Section 45, DP 758710, Part Reserve 87637, corner of Evans and Campbell Streets
39	Description:	Sewing Centre/former Amusu Theatre
	Location:	Lot 12, DP 1003486, 80 Vulcan Street
40	Description:	Residence/former Ziegler House
	Location:	Lot 1, DP 712483, 15 Page Street
41	Description:	Moruya Showground, comprising Grandstand and Exhibits Pavilion
	Location:	Lot 7035, DP 758710, Part Reserve 580020, 74 Albert Street
42	Description:	Braemar Farm, comprising farmhouse, outbuildings and Bunya Pine
	Location:	Lot 50, DP 752151, 1A South Head Road
Moruya Heads
1	Description:	Illawarra Steam Navigation Company wharf remnant
	Location:	DP 752151, Reserve 180003, Preddeys Wharf Road
2	Description:	Cottage
	Location:	Lot 14, DP 634362, 13 Albert Street
3	Description:	Moreton Bay fig tree
	Location:	Lots 11 and 12, Section 1, DP 37295, Albert Street
Mossy Point
1	Description:	Residence/former Cooks Mill logger’s hut
	Location:	Lot 299, DP 15396, 36 Annetts Parade
2	Description:	Shops
	Location:	Lot 284, DP 15396, 1 Surfside Avenue
3	Description:	Anchor Monument
	Location:	Lot 362, DP 15396, Annetts Parade
4	Description:	“Greengates” residence
	Location:	Lot D, DP 412078 and Lot B, DP 413288, 175 Annetts Parade
5	Description:	Residence/former RAAF hut
	Location:	Lot 64, DP 15396, 167 Annetts Parade
6	Description:	Remnant rural fencing
	Location:	Lot 72, DP 15396, 147 Annetts Parade
7	Description:	“Amaroo” residence
	Location:	Lot 14, DP 237051, 127 Annetts Parade
8	Description:	“Araluen” residence
	Location:	Lot 975, DP 827504, 105 Annetts Parade
9	Description:	“The Wreck of the Rover” Memorial
	Location:	Crown Reserve DP 755963, Parish of Tomaga/Broulee
10	Description:	Breakwater
	Location:	Adjoins Lot 362, DP 15396, Mossy Point Headland Reserve and Crown Reserve DP 755963, Parish of Tomaga/Broulee
Mystery Bay
1	Description:	Mystery Bay Memorial
	Location:	Part Lot 1, DP 125750, Lamont Young Drive
Narooma
1	Description:	Narooma Soldiers Memorial School of Arts
	Location:	Lot 2, DP 519890, 92 Campbell Street
2	Description:	Court House
	Location:	Lot 7057, DP 1020249, 100 Campbell Street
3	Description:	Uniting Church Group, comprising church, parsonage, and picket fence
	Location:	Lot 8, Section 5, DP 758754, 134 Wagonga Street
4	Description:	Pilots wharf and boatshed remains
	Location:	Lot 7025, DP 752155, Part Reserve 69965, Bluewater Drive, Wagonga Inlet
5	Description:	War Memorial Clock
	Location:	DP 758754, Thompson Park, Wagonga Street
6	Description:	Three graves, Narooma Golf Course
	Location:	Lot 7007, DP 752155, Part Reserve 91374, 3 Ballingalla Street
7	Description:	Remains of McMillans Mill
	Location:	Lot 454, DP 752155, 2 Ringlands Road
8	Description:	Narooma Primary School
	Location:	Lot 915, DP 821650, 19 Montague Street
9	Description:	Kianga Provisional School Building
	Location:	Lot 1, Section 12, DP 758754, 19 Montague Street
10	Description:	Wharf pylon
	Location:	Lot 891, DP 729182, Bluewater Drive
11	Description:	Old ferry approaches and crossing
	Location:	Lot 7019, DP 752155, Part Reserve 85364, Riverside Drive
12	Description:	Residence/former cheese factory
	Location:	Lot 598, DP 752155, 34 Ringlands Road
13	Description:	Cemetery
	Location:	DP 752155, Cemetery Road, Parish of Narooma
14	Description:	Rock training walls
	Location:	Wagonga Inlet, Map reference 241000E to 242000E, 5988000N AMG, Narooma 8925–4–S
Nelligen
1	Description:	St Joseph’s Roman Catholic Church
	Location:	Lot 100, DP 736716, 1 Runnyford Road
2	Description:	Court House
	Location:	Lot 2, Section 4, DP 758762, 15 Braidwood Street
3	Description:	Residence/former police station
	Location:	Lot 5, Section 4, DP 758762, 13 Braidwood Street
4	Description:	Residence/former schoolhouse
	Location:	Lot 6, Section 4, DP 758762, 11 Braidwood Street
5	Description:	Guesthouse/former post office
	Location:	Lot 1, DP 519317, 7 Braidwood Street
6	Description:	Mechanics Institute
	Location:	Lot 5, Section 5, DP 758762, Reserve 33877, 3 Braidwood Street
7	Description:	Soldiers Memorial
	Location:	Lot 4, Section 4, DP 758762, Part Reserve 89377, Braidwood Street
Potato Point
1	Description:	Wharf and sawmill truck remains
	Location:	Lot 59, DP 208932, Long Point Street, Potato Point Reserve
South Durras
1	Description:	Beagle Bay boat ramp
	Location:	foreshore adjoining Part Lot, DP 755904, Banyandah Street, at southern end of Cookies Beach
2	Description:	Durras Lake loading ramp
	Location:	Part Lot, DP 755904, Durras Lake Road
Tomakin
1	Description:	Melville Point Cemetery Memorial
	Location:	Lot 353, DP 211966, Red Hill Parade, Melville Point Reserve
2	Description:	Melville Point geological site
	Location:	Approximately 3 hectares of land to the low water mark adjoining Melville Point Reserve, comprising an intertidal rock platform and adjacent cliffs. Refer to Register of the National Estate Database No 000990
Tuross Head
1	Description:	Tuross House and Norfolk Island pine
	Location:	Lots 5 and 6, DP 258730, 18–20 Coral Crescent
2	Description:	Tuross House Barn
	Location:	Lot 1, DP 258730, 221 Hector McWilliam Drive
3	Description:	Old Tuross Bakery
	Location:	Lot 156, DP 15425, 10 Hood Crescent
4	Description:	Timber cottage
	Location:	Lot 21, DP 15425, 23 Hawkins Road
5	Description:	St David’s Presbyterian Church
	Location:	Lot 181, DP 15425, 277 Hector McWilliam Drive
6	Description:	Progress Association Hall
	Location:	Lot 131, DP 15425, 1 Jutland Avenue
7	Description:	Eva Mylott Memorial
	Location:	DP 752137, Eva Mylott Park, Jutland Avenue

cl 75: Subst 10.5.2002. Am 26.11.2004.

Part 5 Exceptions and classification of public land

76 On what sites is additional development allowed?

(1)  Regardless of the provisions of Parts 2 and 3, a person may, with the consent of the Council, carry out on land specified in the Table to this clause, development described in relation to that land in that Table, subject to any conditions so specified.

(2)  State Environmental Planning Policy No 50—Canal Estate Development does not apply to the land shown edged heavy black on Diagram (h) referred to in item (h) of the Table to this clause.

Table

(a)	Land:	North Batemans Bay Any land hatched as shown on Diagram (a), being Part Lots 25–30 Sec 3 and Lots 55–58 Sec 2 DP 1067; Part Lots 13–24 Sec 3, Part Lots 41, 43, 45, 47, 49 and Lots 44–50 Sec 2 DP 1067; and Lots 51–54 Sec 2 DP 1067, Wharf Road
	Development:	Any development allowed by Part 2 in the 2t Residential—Tourism zone
	Conditions:	(a)  It is demonstrated, to the satisfaction of the Council: (i)  that the development will be secure from the influence of the ocean and from flooding, and (ii)  that the carrying out of the development will not adversely affect adjoining or nearby land by reason of oceanic influences or flooding, and (iii)  the development fulfils relevant objectives of the New South Wales Coastal Policy 1997. (b)  The provisions of clause 53 do not apply.

(b)	Land:	Central Tilba Lots 1 and 2 DP 548985, Whiffens Lane, as shown on Diagram (b)
	Development:	Erection of a dwelling-house on each lot

(c)	Land:	Tuross Lot 1 DP 624709, Trafalgar Road, as shown on Diagram (c)
	Development:	Development for the purpose of a shop
	Special Conditions:	The floor area of the shop must not exceed 25 square metres

(d)	Land:	Batemans Bay Lots 14 to 17 and 29 to 36 Sec 3 DP 758064, Vesper Street, as shown on Diagram (d)
	Development:	Any development allowed by Part 2 in the 3a Business zone
	Conditions:	It is demonstrated, to the satisfaction of the Council and the Roads and Traffic Authority, that a suitable vehicular access road to the land can be achieved in a manner that does not impede vehicular traffic movements on, nor reduce the operating efficiency of, the Princes Highway. Alternate access, other than from Vesper Street, may be used with the agreement of both the Council and the Roads and Traffic Authority.

(e)	Land:	Malua Bay Lot 1 and Lot 2 DP 542538, George Bass Drive, as shown on Diagram (e)
	Development:	Subdivision and any development allowed by Part 2 in the 2g Residential—General zone
	Conditions:	It is demonstrated, to the satisfaction of the Council, that suitable safe vehicular access to George Bass Drive is provided.

(f)	Land:	Rosedale Lot 4 DP 804658, Tranquil Bay Place, as shown on Diagram (f)
	Development:	Development comprising two attached dwellings providing for holiday accommodation on a casual basis for the exclusive use of terminally ill persons and their families
	Special Conditions:	(a)  The development must be contained within the nominated building curtilage as depicted on the deposited plan. (b)  The following development standards apply to the development: (i)  a maximum floor space ratio of 0.35:1, and (ii)  a maximum building height of 8.5 metres above natural ground level, and (iii)  a maximum elevation of two storeys, and (iv)  a minimum setback to the side boundaries of 1 metre, and (v)  a minimum of 50 percent of the site area shall be landscaped with native vegetation, and (vi)  a minimum of one car parking space per dwelling to be provided on site.

(g)	Land:	Longbeach Lot 75, DP 880731, 9–15 Blairs Road, as shown on Diagram (g)
	Development:	Any development allowed by Part 2 in the 3a Business zone
	Conditions:	The following development standards apply to the development: (a)  a maximum floor space ratio of 1:1, (b)  a maximum building height of 8.5 metres above natural ground level, (c)  a maximum elevation of two storeys, (d)  each separately leaseable ground floor area is to have direct external access convenient to the main or dedicated car parking area, (e)  a maximum of 200 square metres available as net leasable floor area per separately leaseable area.

(h)	Land:	Batemans Bay
		Lot 11, DP 870049 and Lot 11, DP 124295, Beach Road, as shown edged heavy black on Diagram (h)
	Development:	Development for the purposes of: (i)  commercial premises, hotels, professional offices and shops, and (ii)  in relation to Lot 11, DP 870049 (which is in the 5d Car Park zone)—any development allowed by Part 2 in the 6c1 Private Recreation zone.

Diagram (h)

cl 76: Am 12.5.2000; 1.3.2002; 2008 (443), Sch 1 [1] [2].

77 What restrictions apply to specific sites?

Regardless of the provisions of Parts 2 and 3, a person must not carry out, on land specified in the Table to this clause, any development described in relation to the land in that Table.

Table

(a)	Land:	Batemans Bay Lots 31–33 DP 260786 and Lot 11 DP 740977, Orient Street, as shown on Diagram (a)
	Development:	Development carried out before 1 January 2000: (a)  that results in a building exceeding 2 storeys, or (b)  that is residential development as defined in clause 26, or (c)  that is development for the purpose of tourist accommodation.

(b)	Land:	Broulee Lots A–E DP 39088, Coronation Drive, as shown on Diagram (b)
	Development:	Any development other than development that may be carried out in Zone No 7 (f1) (the Environment Protection—Coastal Lands Protection zone) under Eurobodalla Rural Local Environmental Plan 1987

78 Classification and reclassification of public land

(1)  The objective of this clause is to enable the Council, by means of this plan, 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 2 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 2 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 2:

(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 2, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant classification plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except:

(a)  those (if any) specified for the land in Column 3 of Part 2 of Schedule 2, 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).

(6)  In this clause, the relevant classification plan, in relation to land described in Part 2 of Schedule 2, means this plan or, if the description of the land is inserted into that Part by another environmental planning instrument, that instrument.

(7)  Before the relevant classification plan inserted a description of land into Part 2 of Schedule 2, the Governor approved of subclause (5) applying to the land.

cl 78: Am 1.9.2000. Subst 2008 (65), Sch 1 [1].

cl 78, table: Am 30.7.1999; 1.9.2000; 25.1.2001; 16.3.2001; 9.11.2001; 2007 (484), Sch 1. Rep 2008 (65), Sch 1 [1].

Schedule 1 Amendment of Eurobodalla Rural Local Environmental Plan 1987

(Clause 3 (2))

Eurobodalla Rural Local Environmental Plan 1987 is amended:

(a)  by inserting in clause 5 (1) after the word “map” the words “or shown on the map marked ‘Eurobodalla Urban Local Environmental Plan 1999’ edged heavy black and identified by the letter ‘R’”,

(b)  by omitting clause 6,

(c)  by inserting in clause 9 (1), at the end of the definition of the map, the following words:

  

Eurobodalla Urban Local Environmental Plan 1999

(d)  by inserting in clause 10 in the matter relating to Zone No 1 (a) after the word “brown” the words “or shown on the map marked ‘Eurobodalla Urban Local Environmental Plan 1999’ edged heavy black and lettered ‘R1a‘”,

(e)  by inserting in clause 10 after the matter relating to Zone No 1 (a) the following matter:

  

Zone No 1 (a1) (Rural (Environmental Constraints, Water Catchment Protection and Agricultural) Zone)—shown on the map marked “Eurobodalla Urban Local Environmental Plan 1999” edged heavy black and lettered “R1a1”.

(f)  by inserting in clause 10 in the matter relating to Zone No 1 (c) after the matter “‘1 (c)’” the words “or shown on the map marked ‘Eurobodalla Urban Local Environmental Plan 1999’ edged heavy black and lettered ‘1R1c’”,

(g)  by inserting in clause 10 in the matter relating to Zone No 6 (a) after the word “green” the words “or shown on the map marked ‘Eurobodalla Urban Local Environmental Plan 1999’ edged heavy black and lettered ‘R6a’”,

(h)  by inserting in clause 10 in the matter relating to Zone No 7 (a) after the matter “‘7 (a)’” the words “or shown on the map marked ‘Eurobodalla Urban Local Environmental Plan 1999’ edged heavy black and lettered ‘R7a’”,

(i)  by inserting in clause 10 in the matter relating to Zone No 7 (f1) after the matter “‘7 (f1)’” the words “or shown on the map marked ‘Eurobodalla Urban Local Environmental Plan 1999’ edged heavy black and lettered ‘R7f1’”,

(j)  by inserting in clause 10 in the matter relating to Zone No 7 (f2) after the matter “‘7 (f2)’” the words “or shown on the map marked ‘Eurobodalla Urban Local Environmental Plan 1999’ edged heavy black and lettered ‘R7f2’”,

(k)  by inserting in clause 10 in the matter relating to Zone No 8 after the matter “‘8’” the words “or shown on the map marked ‘Eurobodalla Urban Local Environmental Plan 1999’ edged heavy black and lettered ‘R8’”,

(l)  by inserting in clause 10 in the matter relating to Zone No 10 after the word “hatching” the words “or shown on the map marked ‘Eurobodalla Urban Local Environmental Plan 1999’ edged heavy black and lettered ‘R10’”,

(m)  by inserting in the Table to clause 11 after the matter relating to Zone No 1 (a) the following matter:

  

Zone No 1 (a1) (Rural (Environmental Constraints, Water Catchment Protection and Agricultural) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to permanently maintain as rural, land:

(i)  having proven or potential agricultural productivity,

(ii)  at risk from bushfire or flooding,

(iii)  remote from existing settlements,

(iv)  for which it is uneconomical to provide public facilities and essential services,

(v)  having significant scenic, habitat or other natural or cultural conservation value, and

(vi)  in water supply catchments significant to the local government area of Eurobodalla,

(b)  to protect water quality by limiting and controlling development in the catchment, in particular:

(i)  by limiting the erection of dwelling-houses, dual occupancies and multiple occupancies, especially in areas of scenic or conservation value,

(ii)  by ensuring that subdivision of land in the zone occurs only where it is necessary to maintain or increase agricultural production or necessary to allow the conduct of any use permitted in the zone other than dwelling-houses, dual occupancy or rural workers’ dwellings,

(iii)  by encouraging consolidation of existing lots where possible,

(iv)  by encouraging agricultural uses of low intensity and with a low potential to create pollution,

(v)  by permitting recreation or tourist facilities only where such facilities are related to and compatible with the natural characteristics or rural activity of the zone, and will not adversely affect water quality,

(vi)  by minimising construction or use of access roads and tracks across creeks, rivers and gullies, and requiring sediment and erosion controls where such crossings are essential, and

(vii)  by limiting river gravel extraction activities to the lower catchment area, and

(c)  to ensure new development in the zone is compatible with the character of the area in which it is proposed, having regard to nearby development and to the existing landscape, particularly in areas of scenic and conservation value.

2 Without development consent

Agriculture (other than animal boarding, breeding or training establishments, feedlot establishments, activities involving land clearing, pig keeping establishments and poultry farming establishments); forestry (only on Crown timber land as defined in the Forestry Act 1916); home occupations; utility installations.

3 Only with development consent

Advertising structures; agriculture (other than as permitted without development consent); child care centres; community centres; drainage; dwelling-houses; educational establishments; extractive industries; forestry (other than as permitted without development consent); general stores; helipads; land clearing; mines; places of assembly; places of public worship; public utility undertakings; recreation areas; recreation establishments; recreation facilities ancillary to recreation establishments or tourist recreation facilities; retail plant nurseries; roads; roadside stalls; rural industries; rural workers’ dwellings; sawmills; tourist recreation facilities; veterinary establishments.

4 Prohibited

Any purpose other than a purpose permitted without development consent or a purpose which is permitted only with development consent.

(n)  by inserting in clause 13 (1) after the matter “1 (a),” the matter “1 (a1),”,

(o)  by inserting in clause 14 (1) after the matter “1 (a)” the matter “, 1 (a1)”,

(p)  by omitting from clause 14 (3) the words “to which this clause applies” and by inserting instead the words “within Zone No 1 (a) or 7 (f1)”,

(q)  by omitting from clause 14 (4) the words “to which this clause applies” and by inserting instead the words “within Zone No 1 (a) or 7 (f1)”,

(r)  by inserting after clause 14 (7) the following subclause:

  

(7A)  The Council may consent to the erection of a dwelling-house on land within Zone No 1 (a1) on which no other dwelling-house is erected, being land shown on the map as “Land to which clause 14 (7A) of Eurobodalla Rural Local Environmental Plan 1987 applies”.

(s)  by omitting from clause 14 (10) the words “the appointed day” and by inserting instead the matter “11 December 1987”,

(t)  by inserting in clause 14A after the matter “1 (a),” the matter “1 (a1),”,

(u)  by inserting in clause 15 (1) after the matter “1 (a)” the matter “, 1 (a1)”,

(v)  by inserting in clause 21 (1) after the matter “1 (a)” the matter “, 1 (a1)”,

(w)  by omitting clause 29,

(x)  by omitting from Schedule 2 the word “and” and by inserting instead the matter “, 1 (a1) or”,

(y)  by inserting at the end of Schedule 3 the following items:

  

8  Lots 1–6, DP 708709, Congo, Parish of Congo.

9  Lots 1 and 2, DP 875573, Myamba Parade, Surfside.

(z)  by inserting at the end of Schedule 4 the following words:

  

Portion 12, Parish of Buckenbowra—multiple occupancy comprising not more than four dwellings or dwelling-houses.

Schedule 2 Classification and reclassification of public land

(Clause 78)

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
Batehaven
Corrigan Crescent	Lot 2, DP 789121	Nil.
Edward Road	Lots 1 and 3, DP 734916	Nil.
John Street	Part of Lot 100, DP 29032, as shown edged heavy black on Sheet 2 of the map marked “Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 19)”	Nil.
Batemans Bay
Beach Road	Lot 11, DP 711474	Nil.
2A Beach Road	Lot 1, DP 740584	Nil.
15 Beach Road	Lot 1, DP 628982	Nil.
Flora Crescent	Lot 2, DP 261619	Nil.
72 Golf Links Drive	Lot 80, DP 31086	Nil.
Orient Street	Lot 3, DP 603159	Nil.
Orient Street	Lot 1, DP 711075	Nil.
36 Orient Street	Lot 1, DP 121366	Nil.
38 Orient Street	Lot 24, Section 4, DP 758064	Nil.
54 Orient Street	Lot 40, Section 4, DP 758064	Nil.
55A Orient Street	Lot 42, DP 613326	Nil.
Bodalla
109 Princes Highway	Lot 13, DP 263277	Nil.
Central Tilba
46 Corkhill Drive	Lot 1, DP 874575	Nil.
Dalmeny
Goolara Avenue	Part of Lot 21, DP 264293, as shown edged heavy black on Sheet 2 of the map marked “Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 19)”	Nil.
Malua Bay
Tallawang Avenue	Part of Lot 11, DP 22787, as shown edged heavy black on Sheet 2 of the map marked “Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 19)”	Nil.
Moruya
30 Campbell Street	Lot 11, Section 22, DP 758710	Nil.
Church Street	Lot 1, DP 807857	Nil.
Church Street	Lot 1, DP 825980	Nil.
Church Street	Lot 45, DP 702686	Nil.
Ford Street	Lots 203–205, DP 855112	Nil.
Princes Highway	Lot 2, DP 715453	Nil.
63 Queen Street	Lot 85, DP 842670	Nil.
69A Queen Street	Lot 831, DP 819571	Nil.
Vulcan Street	Lot 86, DP 717693	Nil.
Mossy Point
42 Annetts Parade	Lot 296, DP 15396	Nil.
Narooma
Field Street	Lot 913, DP 821427	Nil.
Nelligen
15 Runnyford Road	Part of Lot 113, DP 238007, as shown edged heavy black on Sheet 3 of the map marked “Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 19)”	Nil.
North Batemans Bay
Penthouse Place	Lot 28, DP 244134	Nil.
North Narooma
33A Hillcrest Avenue	Lot 1, DP 379832	Nil.
Sunshine Bay
13 Pleasurelea Drive	Lot 7, DP 215957	Nil.
Surf Beach
Beach Road	Part of Lot 123, DP 243186, as shown edged heavy black on Sheet 2 of the map marked “Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 19)”	Nil.
Surfside
Timbara Crescent	Part of Lot 3, DP 1044536, as shown edged heavy black on Sheet 1 of the map marked “Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 19)”	Nil.
Timbara Crescent	Lot 900, DP 214160	Nil.
Tuross Head
Drake Street	Part of Lot 1, DP 720069, as shown edged heavy black on Sheet 3 of the map marked “Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 19)”	Nil.
Hood Crescent	Lot 1, DP 504784	Nil.
12 Hood Crescent	Lot 3, DP 529919	Nil.
Trafalgar Road	Part of Lot 18, DP 22825, as shown edged heavy black on Sheet 3 of the map marked “Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 19)”	Nil.
Trafalgar Road	Part of Lot 1, DP 546850, as shown edged heavy black on Sheet 3 of the map marked “Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 19)”	Nil.
Trafalgar Road	Part of Lot 177, DP 15425, as shown edged heavy black on Sheet 3 of the map marked “Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 19)”	Nil.

Part 3 Land classified, or reclassified, as community land

Column 1	Column 2
Locality	Description

sch 2: Ins 2008 (65), Sch 1 [2].

Dictionary

(Clause 5 (1))

Agriculture means:

(a)  cultivating fruit, vegetable or other food, fibre or flower crops for commercial purposes, or

(b)  keeping or breeding livestock, bees or poultry or other birds for commercial food, fibre or leather production, or

(c)  cultivating plants in a wholesale plant nursery for commercial purposes,

but does not include aquaculture.

Animal establishment means a building or place used for breeding, boarding, training, keeping or caring for animals for commercial purposes, other than agriculture, or by a government or animal welfare authority, but does not include a veterinary establishment.

Aquaculture means the commercial cultivation of the resources of the sea, estuarine or fresh waters for the propagation or rearing of marine, estuarine or freshwater fish or plant or other organisms.

Bed and breakfast establishment means the use of a dwelling-house (in addition to its use as a principal place of residence) for the provision of temporary accommodation for not more than 6 tourists or travellers at any one time in not more than 3 bedrooms.

Boarding house means a building or place:

(a)  where accommodation, meals and laundry facilities are provided to the residents of the building or place, and

(b)  which is the principal place of residence of the majority of those residents, and

(c)  which is not licensed to sell liquor under the Liquor Act 1982.

Brothel means a building or place habitually used for the purpose of prostitution.

Bulky goods salesroom means a building or place used for the sale by retail or by auction, or the hire or display, of items (whether goods or materials) which are of such a size, shape or weight as to require:

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

(b)  direct vehicular access to the site of the building or place by members of the public, for the purpose of loading items into their vehicles after purchase,

but does not include a building or place used for the sale of human foodstuffs or clothing.

Bushfire hazard reduction means a reduction or modification (by burning, chemical, mechanical or manual means) of material that constitutes a bushfire hazard.

Business incubator means a building or place used to provide administrative support, technical advice, temporary rental accommodation or other means of assistance to new businesses.

Caravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, placed or erected as defined in State Environmental Planning Policy No 21—Caravan Parks.

Car park means a building or place used for parking vehicles, whether or not operated for gain.

Cemetery means a building or place where human remains are permanently deposited or disposed of and includes a crematorium and ancillary buildings such as chapels, mortuaries and inurnment walls.

Child care centre means a building or place used for supervising or caring for children which:

(a)  caters for 6 or more children at any one time, whether or not those children are related to the operator of the building or place, and

(b)  may include an educational function, and

(c)  may operate for gain,

but does not include a building or place providing residential care for children who are not related to the operator of the building or place.

Commercial premises means a building or place used for business or commercial purposes, but does not include a building or place elsewhere specifically defined in this plan.

Community centre means a building or place used for the provision of services for the physical, social, cultural, economic or intellectual welfare of the community by a body of persons associated to provide those services or by a public authority, but does not include a registered club.

Community land means land that is classified as community land under the Local Government Act 1993.

Council means the Eurobodalla Shire Council.

Demolish a heritage item or a building, work, relic, tree or place within a heritage conservation area, means wholly or partly destroy or dismantle the heritage item or building, work, relic, tree or place.

Depot means a building or place used mainly for the storage of any plant, machinery, motor vehicles or stock of materials or spare parts used in the course of any one business or industrial undertaking or public utility undertaking, but does not include any part of the building or place used for sales by retail, wholesale or otherwise.

Dual occupancy means the use of a single lot of land for 2 (but not more than 2) dwellings, whether or not that lot is subsequently subdivided so as to site each dwelling or dwelling-house on a separate allotment.

Dwelling means a room or suite of rooms occupied or used or so constructed or adapted so as to be capable of being occupied or used as a separate domicile.

Dwelling-house means a building containing 1 (but not more than 1) dwelling.

Educational establishment means a building or place used for the purpose of giving and receiving instruction, whether or not for gain, and includes:

(a)  an art gallery or museum, where the items displayed are not exhibited for the purpose of sale, and

(b)  a school, and

(c)  a college, TAFE establishment, technical college, academy, religious seminary, university or specialised tertiary institution constituted by or under an Act,

and includes any ancillary residential accommodation for students or staff, but does not include an institution or child care centre.

Extractive industry means:

(a)  the winning of extractive material, or

(b)  an undertaking, not being a mine, which depends for its operation on the winning of extractive material from the land on which it is carried on, and includes any washing, crushing, grinding, milling or separating into different sizes of that extractive material on that land.

Extractive material, in relation to an extractive industry, means sand, gravel, clay, soil, rock, stone or similar substances.

Forestry means arboriculture, silviculture, forest protection, the cutting, dressing and preparation, otherwise than in a sawmill, of wood and other forest products, and includes the construction of roads for such purposes.

General store means a building not exceeding 125 square metres in floor area used for the sale of food for consumption primarily off the premises and other merchandise, excluding fuel for motor vehicles.

Generating works means a building or place used for the purpose of making or generating gas, electricity or other forms of energy.

Health care practitioner means a person who provides health services to members of the public.

Helipad means an area or place which is authorised by the Commonwealth for, and which is set apart for, the taking off and landing of helicopters.

Heritage conservation area means land shown edged with broken black lines on the land use map.

Heritage item means a building, work, relic, tree or place listed in clause 75.

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

Home business means a business (other than a bed and breakfast establishment) carried out in a dwelling or dwelling-house or in an ancillary building on the same lot, but only if:

(a)  the business is undertaken by the permanent residents of the dwelling or dwelling-house, and

(b)  not more than one non-resident employee is employed on the premises at any one time, and

(c)  only goods or products manufactured on the premises are sold on the premises directly to the public, and

(d)  the use does not interfere with the amenity of adjoining properties or the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise.

Hospital means a building or place where medical, surgical or psychiatric treatment is provided to people who are ill or injured and who are accommodated overnight or longer on the premises, whether or not day patients are also treated there.

Hotel means a building or place to which a hotelier’s licence granted under the Liquor Act 1982 relates.

Housing for older people or people with a disability has the same meaning as in State Environmental Planning Policy No 5—Housing for Older People or People with a Disability.

Indoor recreation facility means a building used for indoor recreation, and includes a billiard saloon, table tennis centre, squash court, indoor swimming pool, basketball stadium, gymnasium, fitness centre, skating rink, bowling alley, fun parlour or any other building of a like character used for recreation, whether used for the purpose of gain or not, but does not include a building or place that is ancillary to a dwelling or dwellings on the same land if it is for the exclusive use of the occupants of the dwelling or dwellings.

Industry means a building or place where any one or more of the following are carried out:

(a)  any manufacturing process within the meaning of the Factories, Shops and Industries Act 1962,

(b)  the breaking up or dismantling of any goods or any article for trade, sale or gain or as ancillary to any business,

but does not include an extractive industry, junkyard or waste collection centre.

Institution means a penal or reformative establishment.

Integrated housing means:

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

(b)  the erection of a single dwelling-house on each of the allotments created by that subdivision.

Junkyard means land used:

(a)  for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods, or

(b)  for the collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of any parts of such automobiles, vehicles or machinery,

but does not include a waste collection centre.

Land clearing means the destruction or removal by any means of native plants (except declared noxious weeds) otherwise than:

(a)  within 3 metres of the boundary of land in different ownership, or

(b)  on an allotment or portion of land with an area of less than 5,000 square metres, or

(c)  where the area of land to be cleared in any 12-month period is less than 1,000 square metres.

Land use map means the map consisting of the series of sheets marked “Eurobodalla Urban Local Environmental Plan 1999” kept in the office of the Council, as amended by the maps (or specified sheets of maps) so kept and marked as follows:

Editorial note—

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

Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 6)

Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 8)

Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 10)

Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 13)

Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 16)

Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 19)—Sheets 1 and 2

Liquid fuel depot means land used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquid.

Main road means a road declared to be a main road under the Roads Act 1993.

Manufactured home estate means land on which manufactured homes are, or are to be, erected as defined in State Environmental Planning Policy No 36—Manufactured Home Estates.

Marina means an artificially enclosed area of water, or pontoon, jetty, pier or the like, used to provide moorings for boats used for pleasure, recreation or commercial purposes, and may include or comprise:

(a)  facilities on the same or adjoining land for the repair, maintenance and fuelling of, or the provision of supplies, accessories and parts for, boats or boating enthusiasts, or

(b)  ancillary slipways, or

(c)  boatsheds, or

(d)  ancillary tourist accommodation and restaurants.

Medical centre means a building or place where medical, surgical or psychiatric treatment is provided to people who are not accommodated overnight on the premises and may include a pharmacy.

Mine means any land where:

(a)  the winning of any metal or mineral is carried out, or

(b)  an undertaking, not being an extractive industry, is carried on which depends for its operation on the winning of any metal or mineral from the land on which it is carried on, and includes any land used for associated storage, crushing or other treatment.

Motor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, and may include the display or sale of associated accessories.

Offensive or hazardous industry means an industry as defined in this plan that is also an offensive or hazardous industry within the meaning of State Environmental Planning Policy No 33—Hazardous and Offensive Development.

Passenger transport terminal means a building or place used for the assembly of passengers travelling by any form of passenger transport.

Place of assembly means a building or place used for the purpose of commercial entertainment or for hire for private functions involving gatherings of people, and includes a public hall, theatre, cinema, concert hall, dance hall or any other building of a like character used as such, and whether used for the purpose of gain or not.

Place of worship means a building or place used wholly or principally for the purpose of religious worship, whether by a congregation, religious group or members of the public.

Plan of management means a plan of management adopted by the Council pursuant to the Local Government Act 1993.

Potential archaeological site includes a site known to the Council to have archaeological potential even if it is not so identified and shown.

Private land means land that is not owned by a public authority.

Professional offices means a building or place, not being a medical centre, at which health care practitioners or professional persons practise the profession of law, engineering, surveying, architecture or the like, but at which there is no retailing or vending of goods or property.

Public authority premises means a building or place used by a public authority to carry out its functions, and includes buildings used by a public authority for business or commercial purposes, but does not include a building or place specifically defined elsewhere in this plan.

Public utility undertaking means any of the following undertakings carried on by or by authority of any government department or under the authority of or in pursuance of any Commonwealth or State Act:

(a)  railway, road transport, water transport, air transport, wharf or river undertakings,

(b)  undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services.

(c)    (Repealed)

Racecourse means a place used for racing activities involving animals or motor vehicles and associated training, servicing and recreational facilities, whether or not the place is also used in part for a registered club.

Recreation area means:

(a)  a children’s playground, or

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

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

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

but does not include a racecourse, showground or registered club.

Recreation establishment means a place (other than a registered club) where recreational facilities are provided to members of the public for gain or recreational activities or programs are offered to members of the public for gain. Such recreational facilities, activities or programs may incorporate, but must not consist exclusively of, indoor recreational facilities, recreation areas or both.

Registered club means a building or place used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes and which is, or is intended to be, registered under the Registered Clubs Act 1976.

Relic means any deposit, object or material evidence (which may consist of human remains) relating to:

(a)  the use or settlement of the local government area of Eurobodalla, not being Aboriginal habitation, which is more than 50 years old, or

(b)  Aboriginal habitation of the local government area of Eurobodalla either before or after its occupation by persons of European extraction.

Residential flat building means a building or a group of buildings comprising 3 or more dwellings, but does not include integrated housing.

Restaurant means a building, place or structure used principally for the sale of food and refreshments for consumption on the premises or on the land where it is located.

Road means:

(a)  a public road within the meaning of the Roads Act 1993, or

(b)  a private road within the meaning of the Roads Act 1993, or

(c)  a carriageway on private land providing access to more than one property,

and includes a carriageway, footway, bicycle path, bridle trail and anything included as being a road within the meaning of the Roads Act 1993.

Roadside stall means a building or place not exceeding 20 square metres in floor space or area used for retail sale of primary products produced on the same land or premises as the building or place is situated.

Road transport terminal means a building or place used mainly for the bulk handling of goods for transport by road, and includes facilities for the loading and unloading of vehicles used to transport those goods and for the parking, servicing and repair of those vehicles.

Service station means a building or place used for the fuelling of motor vehicles involving the sale by retail of 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 spare parts and accessories for motor vehicles,

(b)  washing and greasing of motor vehicles,

(c)  installation of accessories,

(d)  servicing and repairs of motor vehicles, but not body building, panel beating, spray painting, or chassis realignment,

(e)  a general store.

Shop means a building or place used for the purpose of selling items (whether goods or materials) by retail or by auction, or for hiring or displaying any such items for the purpose of selling or hiring them, but does not include a building or place elsewhere specifically defined in this plan.

Storey means:

(a)  the space between two floors, or

(b)  the space between a floor and any ceiling or roof immediately above it, or

(c)  foundation areas, garages, workshops, storerooms and the like, where the height between natural ground level and the top of the floor immediately above them is 1.5 metres or more.

Telecommunications facility means:

(a)  any part of the infrastructure of a telecommunications network, or

(b)  any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or for use, in or in connection with a telecommunications network,

but does not include facilities listed in the schedule to the Telecommunications (Low-impact Facilities) Determination 1997 of the Commonwealth.

Tourist accommodation means a building or buildings used for the provision of temporary accommodation to tourists or travellers, but does not include:

(a)  a bed and breakfast establishment, or

(b)  a caravan park, or

(c)  a hotel, or

(d)  a dwelling-house or dwelling let casually for holiday accommodation where there is only one dwelling-house on the land or the dwelling is part of a dual occupancy.

Utility installation means a building or work used for a public utility undertaking, but does not include a building used wholly or principally for administration or as business premises, or as a showroom, a workshop or a depot.

Vehicle repair station means a building or place used for the purpose of carrying out repairs or modifications to, or of fitting accessories to, motor vehicles, boats, caravans, trailers and the like and agricultural machinery, other than a service station.

Veterinary establishment means a building or place used for diagnosis and surgical or medical treatment of animals, whether or not animals are kept on the premises for the purpose of treatment.

Warehouse means a building or place used for the storage of goods, merchandise or materials:

(a)  pending their sale and distribution to persons engaged in the retail trade, or

(b)  on a casual or hire basis,

and includes any ancillary showroom.

Waste collection centre means land used for the collection and temporary storage of not more than 40 cubic metres of waste materials pending distribution of the collected materials for either recycling or disposal at a site approved by the Council.

Dictionary: Am 23.6.2000; 25.1.2001; 16.3.2001; 6.4.2001; 21.9.2001; 11.1.2002; 17.10.2003.