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Contents (2014 - 177)
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Tweed Local Environmental Plan 2014
Current version for 28 February 2020 to date (accessed 5 April 2020 at 17:00)
Schedule 1
Schedule 1 Additional permitted uses
(Clause 2.5)
1   Use of waterway reserve at Byrrill Creek, Byrrill Creek
(1)  This clause applies to a section of waterway reserve at Byrrill Creek, identified as “10” on the Additional Permitted Uses Map.
(2)  Development for the purpose of a water storage facility is permitted without development consent.
2   Use of certain land at 23–49 Ocean Drive, Chinderah
(1)  This clause applies to land at 23–49 Ocean Drive, Chinderah, being Part Lot 10, DP 830660, identified as “1” on the Additional Permitted Uses Map.
(2)  Development for the purpose of a dwelling house is permitted with development consent.
3   Use of certain land at Phillip Street, Chinderah
(1)  This clause applies to land at Phillip Street, Chinderah, being Lot 12, DP 830660, identified as “3” on the Additional Permitted Uses Map.
(2)  Development for the purpose of a dwelling house is permitted with development consent.
4   Use of certain land at 51 Phillip Street, Chinderah
(1)  This clause applies to land at 51 Phillip Street, Chinderah, being Part Lot 22, DP 585033, identified as “2” on the Additional Permitted Uses Map.
(2)  Development for the purpose of a dwelling house is permitted with development consent.
4A   Use of certain land at Tweed Valley Way, Chinderah
(1)  This clause applies to land at Tweed Valley Way, Chinderah, being part of Lot 11, DP 1134229 and part of Lot 1, DP 1165676, identified as “7” on the Additional Permitted Uses Map.
(2)  Development for the purpose of a highway service centre is permitted with development consent.
5   Use of certain land at Walsh Street, Chinderah
(1)  This clause applies to land at Walsh Street, Chinderah, being Part Lot 2, DP 972662 and Part Lot 1, DP 562104, identified as “4” on the Additional Permitted Uses Map.
(2)  Development for the purpose of a dwelling house is permitted with development consent.
5A   Use of certain land at 39 Kudgeree Avenue, Cudgera Creek
(1)  This clause applies to land at 39 Kudgeree Avenue, Cudgera Creek, being part of Lot 12, DP 1015369, identified as “11” on the Additional Permitted Uses Map.
(2)  Development for either or both of the following purposes is permitted with development consent—
(a)  garden centre,
(b)  hardware and building supplies.
(3)  Development consent must not be granted under this clause if it would result in more than 4,000 square metres of gross floor area of all buildings on the land to which this clause applies being used for the purposes specified in subclause (2).
6   Use of certain land at 117 Cavendish Road, Duroby
(1)  This clause applies to land at 117 Cavendish Road, Duroby, being Lot 2, DP 582869, identified as “5” on the Additional Permitted Uses Map.
(2)  Development for the purpose of a dwelling house is permitted with development consent.
7   Use of certain land at 50 Main Road, Fingal Head
(1)  This clause applies to land at 50 Main Road, Fingal Head, being Lot 353, DP 755740, identified as “6” on the Additional Permitted Uses Map.
(2)  Development for the purpose of creating 33m2 of restaurant floor area in the existing neighbourhood shop and take away food and drink premises is permitted with development consent.
8   Use of certain land at Turnock Street, Kingscliff
(1)  This clause applies to land at Turnock Street, Kingscliff, being Lot 13, DP 871753, identified as “9” on the Additional Permitted Uses Map.
(2)  Development for the purpose of a shop is permitted with development consent.
9   Use of certain land at 3 Nullum Street, Murwillumbah
(1)  This clause applies to land at 3 Nullum Street, Murwillumbah, being Lot B, DP 174482, identified as “8” on the Additional Permitted Uses Map.
(2)  Development for the purpose of office premises is permitted with development consent.
10   Use of certain land at Coronation Avenue and Elizabeth Street, Pottsville
(1)  This clause applies to the following land at Pottsville, identified as “12” on the Additional Permitted Uses Map
(a)  23–31, 33–40 and 42, 44, 46, 48 and 50 Coronation Avenue, being Lots 156, 404–409 and 439–443, DP 755701, Lots 2 and 3, DP 1122541, SP 75403, SP 80157, SP 77642, SP 64963, SP 70690 and SP 83294,
(b)  1, 3, 5, 7, 9, 11, 13, 15 and 17B Elizabeth Street, being Lots 448–451, DP 755701, Lots 1 and 2, DP 615444, Lot 1, DP 403532, Lot 3, DP 564752 and SP 63480.
(2)  Development for the purpose of residential accommodation is permitted with development consent.
11   Use of certain land at Binya Avenue, Tweed Heads
(1)  This clause applies to the following land at Tweed Heads, identified as “13” on the Additional Permitted Uses Map
(a)  28 Binya Avenue, being Lot 644, DP 755740,
(b)  certain land at Binya Avenue, comprising part of Lot 21, DP 518902 (being part of the Border Park Raceway).
(2)  Development for the purpose of a recreation facility (major) is permitted with development consent.
12   Use of certain land at Ozone Street and Pacific Motorway, Chinderah
(1)  This clause applies to land at Ozone Street and Pacific Motorway, Chinderah, being Lot 2, DP 1010771 and part of Lot 1, DP 1127741, identified as “14” on the Additional Permitted Uses Map.
(2)  Development for the purpose of a highway service centre is permitted with development consent.
13   Use of certain land at Eviron Road, Eviron
(1)  This clause applies to land at Eviron Road, Eviron, being part of Lot 8, DP 12676, identified as “16” on the Additional Permitted Uses Map.
(2)  Development for the purpose of a dwelling house is permitted with development consent.
14   Use of certain land at 100 Altona Road, Chinderah
(1)  This clause applies to land at 100 Altona Road, Chinderah, being Lot 20, DP 1082482, identified as “17” on the Additional Permitted Uses Map.
(2)  Development for the purpose of extensive agriculture is permitted without development consent.
15   Use of certain land at 165 Smiths Creek Road, Smiths Creek
(1)  This clause applies to land at 165 Smiths Creek Road, Smiths Creek, being Lot 2, DP 550508, identified as “18” on the Additional Permitted Uses Map.
(2)  Development for the purpose of recreation facilities (outdoor) is permitted with development consent.
16   Use of certain land at 12 Philp Parade, Tweed Heads South
(1)  This clause applies to land at 12 Philp Parade, Tweed Heads South, being part of Lot 1, DP 100121, identified as “15” on the Additional Permitted Uses Map.
(2)  Development for the purposes of a camping ground is permitted with development consent.
17   Use of certain land at 224 Carool Road, Carool
(1)  This clause applies to land at 224 Carool Road, Carool, being Lots 14 and 22, DP 821933, identified as “19” on the Additional Permitted Uses Map.
(2)  Development for the purpose of a dwelling house is permitted with development consent.
18   Use of certain land at 719 Eviron Road, Eviron
(1)  This clause applies to land at 719 Eviron Road, Eviron, being Lot 1, DP 34555, identified as “20” on the Additional Permitted Uses Map.
(2)  Development for the purpose of a council pound is permitted with development consent.
(3)  In this clause, council pound has the same meaning as in the Companion Animals Act 1998.
19   Use of certain land at Oyster Point Road, Banora Point
(1)  This clause applies to land at Oyster Point Road, Banora Point, being part of Lot 7008, DP 1069422 and part of Lot 2, DP 1140522, identified as “21” on the Additional Permitted Uses Map.
(2)  Development for the purpose of a recreation area is permitted with development consent.
20   Use of certain land between Crabbes Creek and Murwillumbah for rail trail
(1)  This clause applies to the land identified as “22” on the Additional Permitted Uses Map.
(2)  Development for the purposes of a rail trail is permitted without development consent.
(3)  Development for the purposes of a rail trail includes development for the purposes of one or more of the following in connection with the rail trail—
(a)  environmental protection works,
(b)  restaurants or cafes,
(c)  kiosks,
(d)  car parks,
(e)  camping grounds,
(f)  caravan parks,
(g)  eco-tourist facilities,
(h)  office premises,
(i)  recreation facilities (outdoor),
(j)  take away food and drink premises,
(k)  shops.
(4)  Development for the following purposes is permitted without development consent if the development is ancillary to development for the purposes of a rail trail—
(a)  signage,
(b)  temporary lay-down areas for materials or equipment and stockpiling of materials or equipment,
(c)  bridges,
(d)  pathways,
(e)  traffic and pedestrian safety devices,
(f)  access ramps,
(g)  lighting,
(h)  stairs,
(i)  stormwater drainage works,
(j)  earthworks,
(k)  minor road improvement works (including road surface upgrades, kerbs and guttering),
(l)  minor internal and external alterations to existing buildings,
(m)  public toilets and related facilities.
(5)  In this clause—
rail trail means a dedicated public carriageway or pathway used by pedestrians and cyclists for recreation that—
(a)  is part of a disused railway line that has been converted into the carriageway or pathway, and
(b)  is generally aligned with the disused railway line.
traffic and pedestrian safety devices includes chicanes, fencing, line markings and other controls.