Armidale Regional Local Environmental Plan 2012 (NSW)
This Plan is Armidale Regional Local Environmental Plan 2012.
This Plan commences on the day on which it is published on the NSW legislation website.
This Plan aims to make local environmental planning provisions for land in the Armidale Region in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to encourage the orderly management, development and conservation of resources by protecting, enhancing and conserving—
(i) land of significance for agricultural production, and
(ii) timber, minerals, soils, water and other natural resources, and
(iii) areas of high scenic or recreational value, and
(iv) native plants and animals, including threatened species, populations and ecological communities, and their habitats, and
(v) places and buildings of heritage significance,
(b) to provide a choice of living opportunities and types of settlements,
(c) to facilitate development for a range of business enterprises and employment opportunities,
(d) to ensure that development is sensitive to both the economic and social needs of the community, including the provision of community facilities and land for public purposes,
(e) to ensure that development has regard to the principles of ecologically sustainable development and to areas subject to environmental hazards and development constraints,
(f) to provide for flexibility in applying certain development standards, where compliance with such standards may be unreasonable or unnecessary in the circumstances of a particular development, and there is sufficient justification for varying the standards on environmental planning grounds.
This Plan applies to the land identified on the Land Application Map.
(Repealed)
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
Notes in this Plan are provided for guidance and do not form part of this Plan.
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(Repealed)
Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
The following local environmental plan is repealed under this provision—
• Armidale Dumaresq Local Environmental Plan 2008
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
This clause does not affect the rights or interests of any public authority under any registered instrument.
Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
The land use zones under this Plan are as follows—
• Rural Zones RU1 Primary Production
RU3 Forestry
RU4 Primary Production Small Lots
RU5 Village
• Residential Zones R1 General Residential
R2 Low Density Residential
R5 Large Lot Residential
• Employment Zones E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
• Mixed Use Zones MU1 Mixed Use
• Special Purpose Zones SP2 Infrastructure
• Recreation Zones RE1 Public Recreation
RE2 Private Recreation
• Conservation Zones C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
This clause is subject to the other provisions of this Plan.
Schedule 1 sets out additional permitted uses for particular land.
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
Clause 2.6 requires consent for subdivision of land.
Part 5 contains other provisions which require consent for particular development.
Development may be carried out on unzoned land only with development consent.
In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
Land to which this Plan applies may be subdivided, but only with development consent.
If a subdivision is specified as
Part 6 of State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is
Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
The definition of
The demolition of a building or work may be carried out only with development consent.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.
Development consent must not be granted unless the consent authority is satisfied that—
(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Canal estate development is prohibited on land to which this Plan applies.
In this Plan,
(a) a constructed canal, or other waterway or waterbody, that—
(i) is inundated by surface water or groundwater movement, or
(ii) drains to a waterway or waterbody by surface water or groundwater movement, and
(b) the erection of a dwelling, and
(c) one or both of the following—
(i) the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,
(ii) excavation to create a waterway.
Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—
(a) carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and
(b) limited to the minimum reasonable size and capacity.
In this clause—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
• State Environmental Planning Policy (Housing) 2021
• State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
• State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
• State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
• State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
• State Environmental Planning Policy (Primary Production) 2021, Chapter 2
• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
• To encourage diversity in primary industry enterprises and systems appropriate for the area.
• To minimise the fragmentation and alienation of resource lands.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To allow for non-agricultural land uses that will not restrict the use of other land in the locality for agricultural purposes.
Airstrips; Environmental protection works; Extensive agriculture; Forestry; Helipads; Home occupations; Home occupations (sex services); Intensive plant agriculture; Roads
Agriculture; Air transport facilities; Animal boarding or training establishments; Aquaculture; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Correctional centres; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Educational establishments; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Function centres; Home-based child care; Home businesses; Home industries; Industrial training facilities; Information and education facilities; Intensive livestock agriculture; Jetties; Landscaping material supplies; Marinas; Mooring pens; Moorings; Mortuaries; Neighbourhood shops; Open cut mining; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Research stations; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Service stations; Tourist and visitor accommodation; Transport depots; Truck depots; Veterinary hospitals; Water recreation structures; Water supply systems
Hotel or motel accommodation; Serviced apartments; Any other development not specified in item 2 or 3
• To enable development for forestry purposes.
• To enable other development that is compatible with forestry land uses.
Roads; Uses authorised under the Forestry Act 2012 or under Part 5B (Private native forestry) of the Local Land Services Act 2013
Aquaculture
Any development not specified in item 2 or 3
• To enable sustainable primary industry and other compatible land uses.
• To encourage and promote diversity and employment opportunities in relation to primary industry enterprises; particularly those that require smaller lots or that are more intensive in nature.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
Environmental protection works; Extensive agriculture; Forestry; Home occupations; Home occupations (sex services); Roads
Agritourism; Airstrips; Animal boarding or training establishments; Aquaculture; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Function centres; Funeral homes; Helipads; Heliports; Home businesses; Home industries; Industrial training facilities; Information and education facilities; Intensive plant agriculture; Jetties; Landscaping material supplies; Marinas; Mooring pens; Moorings; Mortuaries; Neighbourhood shops; Open cut mining; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Service stations; Tourist and visitor accommodation; Transport depots; Truck depots; Veterinary hospitals; Water recreation structures; Water supply systems
Hotel or motel accommodation; Livestock processing industries; Serviced apartments; Any other development not specified in item 2 or 3
• To provide for a range of land uses, services and facilities that are associated with a rural village.
• To promote businesses and neighbourhood activities that serve the needs of the local community.
• To enhance the village character and amenity.
Environmental protection works; Extensive agriculture; Home occupations; Roads
Agricultural produce industries; Agritourism; Amusement centres; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Community facilities; Crematoria; Depots; Dwelling houses; Eco-tourist facilities; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Flood mitigation works; Function centres; Helipads; Home-based child care; Home businesses; Home occupations (sex services); Horticulture; Industrial retail outlets; Industrial training facilities; Information and education facilities; Jetties; Light industries; Liquid fuel depots; Marinas; Mooring pens; Moorings; Mortuaries; Neighbourhood shops; Open cut mining; Oyster aquaculture; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Schools; Service stations; Sewage reticulation systems; Signage; Storage premises; Tank-based aquaculture; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Viticulture; Water recreation structures; Water recycling facilities; Water supply systems
Bee keeping; Dairies (pasture-based); Rural workers’ dwellings; Specialised retail premises; Any other development not specified in item 2 or 3
• To provide for the housing needs of the community.
• To provide for a variety of housing types and densities.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
Home occupations; Roads
Attached dwellings; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dwelling houses; Group homes; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Plant nurseries; Pond-based aquaculture; Residential flat buildings; Respite day care centres; Semi-detached dwellings; Seniors housing; Sewage reticulation systems; Shop top housing; Tank-based aquaculture; Water reticulation systems; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Backpackers’ accommodation; Boat building and repair facilities; Boat launching ramps; Boat sheds; Car parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sewerage systems; Sex services premises; Signage; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
• To provide for the housing needs of the community within a low density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
Home occupations; Roads
Bed and breakfast accommodation; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dwelling houses; Emergency services facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Health consulting rooms; Home businesses; Home industries; Home occupations (sex services); Information and education facilities; Neighbourhood shops; Oyster aquaculture; Places of public worship; Plant nurseries; Pond-based aquaculture; Residential accommodation; Respite day care centres; Tank-based aquaculture; Water reticulation systems
Attached dwellings; Hostels; Multi dwelling housing; Residential flat buildings; Rural workers’ dwellings; Seniors housing; Shop top housing; Any other development not specified in item 2 or 3
• To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.
• To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.
• To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
Environmental protection works; Extensive agriculture; Home occupations; Roads; Water reticulation systems
Building identification signs; Business identification signs; Cellar door premises; Dwelling houses; Home industries; Neighbourhood shops; Oyster aquaculture; Plant nurseries; Pond-based aquaculture; Roadside stalls; Rural supplies; Sewage reticulation systems; Tank-based aquaculture; Any other development not specified in item 2 or 4
Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Backpackers’ accommodation; Bee keeping; Boarding houses; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Dairies (pasture-based); Eco-tourist facilities; Electricity generating works; Entertainment facilities; Exhibition villages; Extractive industries; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Highway service centres; Hostels; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Industries; Intensive livestock agriculture; Jetties; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Multi dwelling housing; Passenger transport facilities; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential flat buildings; Restricted premises; Rural industries; Rural workers’ dwellings; Semi-detached dwellings; Seniors housing; Service stations; Serviced apartments; Sewerage systems; Sex services premises; Shop top housing; Signage; Storage premises; Transport depots; Truck depots; Turf farming; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water treatment facilities; Wharf or boating facilities; Wholesale supplies
• To provide a range of retail, business and community uses that serve the needs of people who live in, work in or visit the area.
• To encourage investment in local commercial development that generates employment opportunities and economic growth.
• To enable residential development that contributes to a vibrant and active local centre and is consistent with the Council’s strategic planning for residential development in the area.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
Building identification signs; Business identification signs; Environmental protection works; Home businesses; Home industries; Home occupations; Home-based child care; Recreation areas; Roads; Water reticulation systems
Amusement centres; Artisan food and drink industries; Attached dwellings; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Creative industries; Entertainment facilities; Function centres; High technology industries; Hostels; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation facilities (indoor); Residential flat buildings; Respite day care centres; Secondary dwellings; Service stations; Shop top housing; Tank-based aquaculture; Veterinary hospitals; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Research stations; Recreation facilities (major); Recreation facilities (outdoor); Residential accommodation; Rural industries; Sewerage systems; Sex services premises; Transport depots; Truck depots; Vehicle body repair workshops; Waste or resource management facilities; Water recreation structures; Wharf or boating facilities
• To strengthen the role of the commercial centre as the centre of business, retail, community and cultural activity.
• To encourage investment in commercial development that generates employment opportunities and economic growth.
• To encourage development that has a high level of accessibility and amenity, particularly for pedestrians.
• To enable residential development only if it is consistent with the Council’s strategic planning for residential development in the area.
• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
• To provide for residential uses that bring a higher level of vibrancy to the centre.
• To encourage residential accommodation over commercial uses to bring a higher level of vibrancy to the centre of Armidale City.
Building identification signs; Business identification signs; Environmental protection works; Home businesses; Home industries; Home occupations; Roads; Water reticulation systems
Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Centre-based child care facilities; Commercial premises; Community facilities; Creative industries; Entertainment facilities; Function centres; High technology industries; Hostels; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Mortuaries; Multi dwelling housing; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Vehicle repair stations; Veterinary hospitals; Waste or resource transfer stations; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Residential accommodation; Rural industries; Sewerage systems; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Waste or resource management facilities; Water recreation structures; Wharf or boating facilities
• To provide a range of facilities and services, light industries, warehouses and offices.
• To provide for land uses that are compatible with, but do not compete with, land uses in surrounding local and commercial centres.
• To maintain the economic viability of local and commercial centres by limiting certain retail and commercial activity.
• To provide for land uses that meet the needs of the community, businesses and industries but that are not suited to locations in other employment zones.
• To provide opportunities for new and emerging light industries.
• To enable other land uses that provide facilities and services to meet the day to day needs of workers, to sell goods of a large size, weight or quantity or to sell goods manufactured on-site.
Building identification signs; Business identification signs; Environmental protection works; Roads; Water reticulation systems
Animal boarding or training establishments; Bee keeping; Boat building and repair facilities; Business premises; Centre-based child care facilities; Community facilities; Depots; Function centres; Garden centres; Hardware and building supplies; Heliports; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Intensive plant agriculture; Kiosks; Landscaping material supplies; Light industries; Liquid fuel depots; Local distribution premises; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Rural supplies; Service stations; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Wholesale supplies; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Eco-tourist facilities; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Heavy industrial storage establishments; Heavy industries; Home businesses; Home-based child care; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Recreation areas; Registered clubs; Residential accommodation; Tourist and visitor accommodation; Water recreation structures; Wharf or boating facilities
• To provide a range of industrial, warehouse, logistics and related land uses.
• To ensure the efficient and viable use of land for industrial uses.
• To minimise any adverse effect of industry on other land uses.
• To encourage employment opportunities.
• To enable limited non-industrial land uses that provide facilities and services to meet the needs of businesses and workers.
Building identification signs; Business identification signs; Environmental protection works; Extensive agriculture; Home occupations; Home occupations (sex services); Roads; Water reticulation systems
Dairies (pasture-based); Depots; Freight transport facilities; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Heliports; Industrial retail outlets; Industrial training facilities; Intensive plant agriculture; Kiosks; Landscaping material supplies; Light industries; Liquid fuel depots; Local distribution premises; Neighbourhood shops; Oyster aquaculture; Plant nurseries; Rural supplies; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Community facilities; Correctional centres; Early education and care facilities; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Function centres; Hazardous industries; Health services facilities; Heavy industrial storage establishments; Information and education facilities; Jetties; Marinas; Mooring pens; Moorings; Offensive industries; Public administration buildings; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Tourist and visitor accommodation; Water recreation structures; Wharf or boating facilities
• To encourage a diversity of business, retail, office and light industrial land uses that generate employment opportunities.
• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
Building identification signs; Business identification signs; Environmental protection works; Home industries; Home occupations; Roads; Water reticulation systems
Amusement centres; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Information and education facilities; Light industries; Local distribution premises; Medical centres; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Recreation facilities (outdoor); Rural industries; Rural workers’ dwellings; Sewerage systems; Transport depots; Truck depots; Vehicle body repair workshops; Waste or resource management facilities; Water recreation structures; Wharf or boating facilities
• To provide for infrastructure and related uses.
• To prevent development that is not compatible with or that may detract from the provision of infrastructure.
Roads
Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
Any development not specified in item 2 or 3
• To enable land to be used for public open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
Environmental facilities; Environmental protection works; Roads
Aquaculture; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Community facilities; Emergency services facilities; Extensive agriculture; Flood mitigation works; Food and drink premises; Heliports; Information and education facilities; Jetties; Kiosks; Markets; Moorings; Passenger transport facilities; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Sewerage systems; Water recreation structures; Water supply systems
Bee keeping; Dairies (pasture-based); Pubs; Any other development not specified in item 2 or 3
• To enable land to be used for private open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
Environmental facilities; Environmental protection works; Roads
Aquaculture; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Car parks; Caravan parks; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Eco-tourist facilities; Emergency services facilities; Entertainment facilities; Flood mitigation works; Function centres; Helipads; Information and education facilities; Jetties; Kiosks; Markets; Moorings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Sewerage systems; Water recreation structures; Water supply systems
Any development not specified in item 2 or 3
• To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.
• To enable uses authorised under the National Parks and Wildlife Act 1974.
• To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.
Uses authorised under the National Parks and Wildlife Act 1974
Nil
Any development not specified in item 2 or 3
• To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
• To prevent development that could destroy, damage or otherwise have an adverse effect on those values.
Environmental protection works
Environmental facilities; Flood mitigation works; Oyster aquaculture; Research stations; Roads
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.
• To provide for a limited range of development that does not have an adverse effect on those values.
Home occupations; Roads
Agritourism; Animal boarding or training establishments; Backpackers’ accommodation; Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Cellar door premises; Cemeteries; Community facilities; Dual occupancies; Dwelling houses; Eco-tourist facilities; Emergency services facilities; Environmental facilities; Environmental protection works; Extensive agriculture; Farm buildings; Farm stay accommodation; Flood mitigation works; Health consulting rooms; Home businesses; Home industries; Home occupations (sex services); Information and education facilities; Jetties; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Research stations; Roadside stalls; Rural workers’ dwellings; Sewage reticulation systems; Tank-based aquaculture; Veterinary hospitals; Water recycling facilities; Water supply systems
Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.
• To ensure that residential development does not have an adverse effect on those values.
• To provide for a limited range of uses that does not adversely affect the special environmental values or residential amenity of the area.
Home occupations; Roads
Agritourism; Backpackers’ accommodation; Bed and breakfast accommodation; Building identification signs; Business identification signs; Cellar door premises; Cemeteries; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Eco-tourist facilities; Emergency services facilities; Environmental facilities; Environmental protection works; Extensive agriculture; Farm buildings; Farm stay accommodation; Flood mitigation works; Group homes; Health consulting rooms; Home businesses; Home industries; Home occupations (sex services); Information and education facilities; Intensive plant agriculture; Neighbourhood shops; Oyster aquaculture; Plant nurseries; Pond-based aquaculture; Recreation areas; Respite day care centres; Roadside stalls; Seniors housing; Sewage reticulation systems; Sewage treatment plants; Tank-based aquaculture; Veterinary hospitals; Water recycling facilities; Water reticulation systems
Bee keeping; Dairies (pasture-based); Industries; Local distribution premises; Service stations; Turf farming; Warehouse or distribution centres; Any other development not specified in item 2 or 3
The objective of this clause is to identify development of minimal environmental impact as exempt development.
Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
To be exempt development, the development—
(a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and
(b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c) must not be designated development, and
(d) must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—
(a) the building has a current fire safety certificate or fire safety statement, or
(b) no fire safety measures are currently implemented, required or proposed for the building.
To be exempt development, the development must—
(a) be installed in accordance with the manufacturer’s specifications, if applicable, and
(b) not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.
See State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 and the Local Land Services Act 2013, Part 5A.
A heading to an item in Schedule 2 is part of that Schedule.
The objective of this clause is to identify development as complying development.
Development specified in Part 1 of Schedule 3 that is carried out in compliance with—
(a) the development standards specified in relation to that development, and
(b) the requirements of this Part,
is complying development.
See also clause 5.8 (3) which provides that the conversion of fire alarms is complying development in certain circumstances.
To be complying development, the development must—
(a) be permissible, with development consent, in the zone in which it is carried out, and
(b) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c) have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.
A heading to an item in Schedule 3 is part of that Schedule.
Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
For the purposes of this clause—
(a) the coastal waters of the State,
(b) a coastal lake,
(c) land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(d) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e) land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f) land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g) land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h) land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(i) land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j) land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.
The objectives of this clause are as follows—
(a) to ensure that lot sizes are compatible with local environmental values, constraints and permissible uses,
(b) to facilitate the efficient use of land and its resources for residential and other human purposes,
(c) to minimise potential land use conflicts,
(d) to ensure lot sizes are compatible with local environmental values, constraints and permissible uses,
(e) to prevent the fragmentation of rural lands.
This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
Land in Zone R5 Large Lot Residential may be subdivided to create lots of—
(a) at least 1 hectare, or
(b) for land to which Guyra Local Environmental Plan 2012 applied immediately before the commencement of Armidale Dumaresq Local Environmental Plan 2012 (Amendment No 16)—at least 4,000m
2 .
Subclause (3A) applies only if the consent authority is satisfied each lot is, or will be, serviced by a water reticulation system and sewerage system.
This clause does not apply in relation to the subdivision of any land—
(a) by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or
(b) by any kind of subdivision under the Community Land Development Act 2021.
(Repealed)
The objectives of this clause are as follows—
(a) to ensure that land to which this clause applies is not fragmented by subdivisions that would create the opportunity for additional dwellings.
This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 2021 of land in any of the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU4 Primary Production Small Lots,
(b1) Zone R2 Low Density Residential,
(c) Zone R5 Large Lot Residential,
(c1) Zone C2 Environmental Conservation,
(d) Zone C3 Environmental Management,
(e) Zone C4 Environmental Living.
but does not apply to a subdivision by the registration of a strata plan.
The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 2021) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
This clause applies despite clause 4.1.
The objective of this clause is to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.
This clause applies to land in the following zones that is used, or is proposed to be used, for residential accommodation or tourist and visitor accommodation—
(a) Zone RU1 Primary Production,
(b) Zone RU4 Primary Production Small Lots,
(b1) Zone R2 Low Density Residential,
(c) Zone R5 Large Lot Residential,
(c1) Zone C2 Environmental Conservation,
(d) Zone C3 Environmental Management,
(e) Zone C4 Environmental Living.
The size of any lot resulting from a subdivision of land to which this clause applies for a strata plan scheme (other than any lot comprising common property within the meaning of the Strata Schemes (Freehold Development) Act 1973 or Strata Schemes (Leasehold Development) Act 1986) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that strata subdivision of a building in certain circumstances is specified complying development.
The objective of this clause is to ensure that lot sizes and subdivision patterns in certain conservation zones allow buildings to be sited to better protect the environmental values of the area.
This clause applies to each lot (an
Despite clause 4.1, development consent may be granted to subdivide an original lot to create other lots (the
(a) the consent authority is satisfied that—
(i) no buildings will be erected on any part of a resulting lot that contains land in Zone C3 Environmental Management, and
(ii) the subdivision will not result in any significant adverse environmental impacts on the land being subdivided, and
(b) the number of resulting lots will not exceed the number of lots that could be created by a subdivision of land under clause 4.1.
The objective of this clause is to enable the subdivision of land in rural areas to create lots of an appropriate size to meet the needs of permissible uses other than for the purpose of dwelling houses or dual occupancies.
This clause applies to land in the following rural zones—
(a) Zone RU1 Primary Production,
(b) Zone RU4 Primary Production Small Lots.
Land to which this clause applies may, with development consent, be subdivided to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land, where the consent authority is satisfied that the use of the land after the subdivision will be the same use permitted under the existing development consent for the land (other than for the purpose of a dwelling house or a dual occupancy).
Development consent must not be granted for the subdivision of land to which this clause applies unless the consent authority is satisfied that—
(a) the subdivision will not adversely affect the use of the surrounding land for agriculture, and
(b) the subdivision is necessary for the ongoing operation of the permissible use, and
(c) the subdivision will not cause a conflict between the use of the land subdivided and the use of the surrounding land in the locality, and
(d) the subdivision is appropriate having regard to the natural and physical constraints affecting the land.
The objectives of this clause are as follows—
(a) to provide for the subdivision of lots that are within more than one zone but cannot be subdivided under clause 4.1,
(b) to ensure that the subdivision occurs in a manner that promotes suitable land use and development.
This clause applies to each lot (an
(a) land in a residential, employment or mixed use zone, and
(b) land in Zone RU1 Primary Production, Zone RU4 Primary Production Small Lots, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living.
Despite clause 4.1, development consent may be granted to subdivide an original lot to create other lots (the
(a) one of the resulting lots will contain—
(i) land in a residential, employment or mixed use zone that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and
(ii) all of the land in Zone RU1 Primary Production, Zone RU4 Primary Production Small Lots, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living that was in the original lot, and
(b) all other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.
The objective of this clause is to permit the boundary between 2 or more lots to be altered in certain circumstances, to give landowners a greater opportunity to achieve the objectives of a zone.
This clause applies to land in the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU4 Primary Production Small Lots,
(c) Zone R5 Large Lot Residential,
(d) Zone C3 Environmental Management,
(e) Zone C4 Environmental Living.
Despite clause 4.1 (3), development consent may be granted to the subdivision of 2 or more adjoining lots, being land to which this clause applies, if the consent authority is satisfied that the subdivision—
(a) will not result in an increase in the number of lots, and
(b) will not result in an increase in the number of dwellings on, or dwellings that may be erected on, any of the lots, and
(c) will not adversely impact on the long-term agricultural production potential or environmental values of the lots and the surrounding locality.
In determining whether to grant development consent for the subdivision of land under this clause, the consent authority must consider the following—
(a) the existing uses and approved uses of other land in the vicinity of the subdivision,
(b) whether or not the subdivision is likely to have a significant impact on land uses that are likely to be preferred and the predominant land uses in the vicinity of the development,
(c) whether or not the subdivision is likely to be incompatible with a use referred to in paragraph (a) or (b),
(d) whether or not the subdivision is likely to be incompatible with a use of land in any adjoining zone,
(e) any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c) or (d),
(f) whether or not the subdivision is appropriate having regard to the natural and physical constraints affecting the land,
(g) whether or not the subdivision is likely to have an adverse impact on the environmental values, heritage vistas, landscapes or agricultural viability of the land.
This clause does not apply in relation to a subdivision under the Community Land Development Act 1989, the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986.
The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.
This clause applies to the following rural zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(baa) Zone RU3 Forestry,
(c) Zone RU4 Primary Production Small Lots,
(d) Zone RU6 Transition.
When this Plan was made it did not include Zone RU2 Rural Landscape or Zone RU6 Transition.
Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.
However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.
A dwelling cannot be erected on such a lot.
A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).
The objectives of this clause are as follows—
(a) to minimise unplanned rural residential development,
(b) to enable the replacement of lawfully erected dwelling houses and dual occupancies in rural and conservation zones.
This clause applies to land in the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU4 Primary Production Small Lots,
(c) Zone R5 Large Lot Residential,
(ca) Zone C2 Environmental Conservation,
(d) Zone C3 Environmental Management,
(e) Zone C4 Environmental Living.
Development consent must not be granted for the erection of a dwelling house or dual occupancy on land to which this clause applies, and on which no dwelling house or dual occupancy has been erected, unless the land—
(a) is a lot that is at least the minimum lot size shown on the Lot Size Map in relation to that land, or
(b) is a lot created before this Plan commenced and on which the erection of a dwelling house or dual occupancy was permissible immediately before that commencement, or
(c) is a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dwelling house or dual occupancy would have been permissible if the plan of subdivision had been registered before that commencement, or
(d) is an existing holding, or
(e) is a 2004 holding on which the erection of a dwelling house or dual occupancy was permissible immediately before this Plan commenced, or
(f) would have been a lot or a holding referred to in paragraph (a), (b), (c), (d) or (e) had it not been affected by—
(i) a minor realignment of its boundaries or a plan of consolidation that did not create an additional lot, or
(ii) a subdivision creating or widening a public road or public reserve or for another public purpose.
A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.
Development consent may be granted for the erection of a dwelling house or dual occupancy on land to which this clause applies if there is a lawfully erected dwelling house or dual occupancy on the land and the dwelling house or dual occupancy to be erected is intended only to replace the existing dwelling house or dual occupancy.
In this clause—
(a) was a holding on 1 July 2004, and
(b) is a holding at the time the application for development consent referred to in subclause (3) is lodged,
whether or not there has been a change in the ownership of the holding since 1 July 2004.
(a) land identified as “Area A” on the Clause Application Map that was a holding on 14 June 1985, whether or not there has been a change of ownership since that date,
(b) land identified as “Area B” on the Clause Application Map that was a holding on 27 November 1970, whether or not there has been a change of ownership since that date.
The owner in whose ownership all the land is at the time the application is lodged need not be the same person as the owner in whose ownership all the land was on the stated date.
The objective of this clause is to ensure the provision of adequate accommodation for employees of existing agricultural or rural industries.
This clause applies to land in the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU4 Primary Production Small Lots,
(c) Zone C3 Environmental Management.
Development consent must not be granted to the erection of a rural worker’s dwelling on land to which this clause applies, unless the consent authority is satisfied that—
(a) the development will be on the same lot as an existing lawfully erected dwelling house, and
(b) the development will not impair the use of the land for agricultural or rural industries, and
(c) the agricultural or rural industry being carried out on the land has a demonstrated economic capacity to support the ongoing employment of rural workers, and
(d) the development is necessary considering the nature of the agricultural or rural industry land use lawfully occurring on the land or as a result of the remote or isolated location of the land.
The objectives of this clause are as follows—
(a) to ensure the height of buildings complements the streetscape and character of the Armidale central business district and surrounding area,
(b) to minimise the adverse impact of development on heritage conservation areas and heritage items in the Armidale central business district.
The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
[Not adopted]
[Not adopted]
The objectives of this clause are as follows—
(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.
Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant has demonstrated that—
(a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and
(b) there are sufficient environmental planning grounds to justify the contravention of the development standard.
The Environmental Planning and Assessment Regulation 2021 requires a development application for development that proposes to contravene a development standard to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).
The consent authority must keep a record of its assessment carried out under subclause (3).
(Repealed)
Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living if—
(a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or
(b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.
(Repealed)
This clause does not allow development consent to be granted for development that would contravene any of the following—
(a) a development standard for complying development,
(b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,
(c) clause 5.4,
(caa) clause 5.5.
The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act
1991 (
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
Type of land shown on Map | Authority of the State |
Zone RE1 Public Recreation and marked “Local open space” | Council |
Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |
Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |
Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |
Zone RE1 Public Recreation and marked “Local road” | Council |
Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.
Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads and certain Crown land). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.
The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.
The public land described in Part 1 of Schedule 4—
(a) does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.
The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except—
(a) those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and
(b) any reservations that except land out of the Crown grant relating to the land, and
(c) reservations of minerals (within the meaning of the Crown Land Management Act 2016).
In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.
The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.
This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is—
(a) 100 metres from any zone boundary shared with Zone RU1 Primary Production, Zone RU3 Forestry or Zone RU4 Primary Production Small Lots, or
(b) 20 metres from any other zone boundary.
This clause does not apply to—
(a) land in Zone RE1 Public Recreation, Zone C1 National Parks and Nature Reserves, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone W1 Natural Waterways, or
(a1) land in Zone C4 Environmental Living, or
(b) land within the coastal zone, or
(c) land proposed to be developed for the purpose of sex services or restricted premises.
Despite the provisions of this Plan relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—
(a) the development is not inconsistent with the objectives for development in both zones, and
(b) the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.
This clause does not prescribe a development standard that may be varied under this Plan.
If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 4 bedrooms.
Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.
If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 100 square metres of floor area.
If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 60 square metres of floor area.
If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed—
(a) 40% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or
(b) 400 square metres,
whichever is the lesser.
If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 6 bedrooms in buildings.
If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 20 square metres.
If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 150 square metres.
If development for the purposes of a neighbourhood supermarket is permitted under this Plan, the gross floor area must not exceed 1,000 square metres.
If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 12 square metres.
If development for the purposes of a secondary dwelling is permitted under this Plan on land other than land in a rural zone, the total floor area of the dwelling, excluding any area used for parking, must not exceed whichever of the following is the greater—
(a) 60 square metres,
(b) 30% of the total floor area of the principal dwelling.
If development for the purposes of an artisan food and drink industry is permitted under this Plan in Zone E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial, Zone W4 Working Waterfront or a rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed—
Resource recovery facilities are a type of
(a) an artisan food and drink industry, or
(b) farm gate premises.
Restaurants or cafes are a type of
(a), (b) (Repealed)
(c) food and drink premises,
(d) garden centres,
(e) hardware and building supplies,
(f) kiosks,
(g) landscaping material supplies,
(h) markets,
(i) plant nurseries,
(j) roadside stalls,
(k) rural supplies,
(l) shops,
(la) specialised retail premises,
(m) timber yards,
(n) vehicle sales or hire premises,
but does not include farm gate premises, highway service centres, service stations, industrial retail outlets or restricted premises.
Retail premises are a type of
See clause 5.4 for controls relating to the gross floor area of roadside stalls.
Roadside stalls are a type of
(a) agricultural produce industries,
(b) livestock processing industries,
(c) composting facilities and works (including the production of mushroom substrate),
(d) sawmill or log processing works,
(e) stock and sale yards,
(f) the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise.
Rural industries are not a type of
Rural supplies are a type of
Rural workers’ dwellings are a type of
Sawmill or log processing works are a type of
Schools are a type of
Accordingly, a building or place within a school that is used to provide out-of-school-hours care for both school children and pre-school children is not school-based child care.
School-based child care is a type of
(a) is established in conjunction with another dwelling (the
principal dwelling ), and(b) is on the same lot of land as the principal dwelling, and
(c) is located within, or is attached to, or is separate from, the principal dwelling.
See clauses 5.4 and 5.5 for controls relating to the total floor area of secondary dwellings.
Secondary dwellings are a type of
Self-storage units are a type of
Semi-detached dwellings are a type of
(a) a residential care facility, or
(b) a hostel within the meaning of State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 5, or
(c) a group of independent living units, or
(d) a combination of any of the buildings or places referred to in paragraphs (a)–(c),
and that is, or is intended to be, used permanently for—
(e) seniors or people who have a disability, or
(f) people who live in the same household with seniors or people who have a disability, or
(g) staff employed to assist in the administration of the building or place or in the provision of services to persons living in the building or place,
but does not include a hospital.
Seniors housing is a type of
(a) the ancillary sale by retail of spare parts and accessories for motor vehicles,
(b) the cleaning of motor vehicles,
(c) installation of accessories,
(d) inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),
(e) the ancillary retail selling or hiring of general merchandise or services or both.
Serviced apartments are a type of
(a) pipelines and tunnels, and
(b) pumping stations, and
(c) dosing facilities, and
(d) odour control works, and
(e) sewage overflow structures, and
(f) vent stacks.
Sewage reticulation systems are a type of
Sewage treatment plants are a type of
(a) biosolids treatment facility,
(b) sewage reticulation system,
(c) sewage treatment plant,
(d) water recycling facility,
(e) a building or place that is a combination of any of the things referred to in paragraphs (a)–(d).
Shops are a type of
Shop top housing is a type of
(a) an advertising structure,
(b) a building identification sign,
(c) a business identification sign,
but does not include a traffic sign or traffic control facilities.
The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.
(a) any basement,
(b) any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,
(c) any eaves,
(d) unenclosed balconies, decks, pergolas and the like.
Small bars are a type of
The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
(a) a large area for handling, display or storage, or
(b) direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,
but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale, hire or display of other goods referred to in this definition.
Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies.
Specialised retail premises are a type of
Stock and sale yards are a type of
(a) a space that contains only a lift shaft, stairway or meter room, or
(b) a mezzanine, or
(c) an attic.
The term is defined as follows—
(a) that is capable of being filled with water to a depth of 300 millimetres or more, and
(b) that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.
Take away food and drink premises are a type of
Tank-based aquaculture is a type of
(a) any part of the infrastructure of a telecommunications network, or
(b) any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or
(c) any other thing used in or in connection with a telecommunications network.
The term is defined as follows—
Timber yards are a type of
(a) backpackers’ accommodation,
(b) bed and breakfast accommodation,
(c) farm stay accommodation,
(d) hotel or motel accommodation,
(e) serviced apartments,
but does not include—
(f) camping grounds, or
(g) caravan parks, or
(h) eco-tourist facilities.
Turf farming is a type of
(a) mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and
(b) shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),
but does not include open cut mining.
Vehicle sales or hire premises are a type of
Viticulture is a type of
Waste disposal facilities are a type of
(a) a resource recovery facility,
(b) a waste disposal facility,
(c) a waste or resource transfer station,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
Waste or resource transfer stations are a type of
(a) retention structures, and
(b) treatment works, and
(c) irrigation schemes.
Water recycling facilities are a type of
Water reticulation systems are a type of
Water storage facilities are a type of
(a) a water reticulation system,
(b) a water storage facility,
(c) a water treatment facility,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
Water treatment facilities are a type of
(a) natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b) artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
(a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c) wharves for commercial fishing operations,
(d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e) sea walls or training walls,
(f) administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
Armidale Regional Local Environmental Plan 2012 (589) (formerly Armidale Dumaresq Local Environmental Plan 2012). LW 30.11.2012. Date of commencement, on publication on LW, cl 1.1AA. This Plan has been amended as follows—
No 96 | Forestry Act 2012. Assented to 21.11.2012. Date of commencement of Sch 4.41, 7.1.2013, sec 2 and 2012 (680) LW 21.12.2012. | |
No 5 | Liquor Amendment (Small Bars) Act 2013. Assented to 19.3.2013. Date of commencement, 1.7.2013, sec 2 and 2013 (292) LW 21.6.2013. | |
(503) | Armidale Dumaresq Local Environmental Plan 2012 (Amendment No 1). LW 30.8.2013. Date of commencement, on publication on LW, cl 2. | |
No 111 | Statute Law (Miscellaneous Provisions) Act (No 2) 2013. Assented to 3.12.2013. Date of commencement of Sch 3.27, 10.1.2014, Sch 3.27. | |
(341) | Armidale Dumaresq Local Environmental Plan 2012 (Amendment No 3). LW 6.6.2014. Date of commencement, on publication on LW, cl 2. | |
No 33 | Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 2.36, 14.7.2014, Sch 2.36. | |
(420) | Armidale Dumaresq Local Environmental Plan 2012 (Amendment No 2). LW 4.7.2014. Date of commencement, on publication on LW, cl 2. | |
(513) | Standard Instrument (Local Environmental Plans) Amendment Order 2014. LW 15.8.2014. Date of commencement, on publication on LW, cl 2. | |
(541) | Armidale Dumaresq Local Environmental Plan 2012 (Amendment No 6). LW 22.8.2014. Date of commencement, on publication on LW, cl 2. | |
(617) | Armidale Dumaresq Local Environmental Plan 2012 (Amendment No 5). LW 19.9.2014. Date of commencement, on publication on LW, cl 2. | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 3, 15.7.2015, sec 2 (3). | |
(43) | Standard Instrument (Local Environmental Plans) Amendment (Maps) Order 2016. LW 27.1.2016. Date of commencement, 27.1.2016, cl 2. | |
(126) | Standard Instrument (Local Environmental Plans) Amendment Order 2016. LW 11.3.2016. Date of commencement, on publication on LW, cl 2. | |
(168) | Local Environmental Plan (Regional LEPs Consequential Amendments) 2016. LW 4.4.2016. Date of commencement, on publication on LW, cl 2. | |
(309) | Standard Instrument (Local Environmental Plans) Amendment (Observatory and Defence Facility) Order 2016. LW 10.6.2016. Date of commencement, 56 days after publication on LW, cl 2. | |
(582) | Armidale Dumaresq Local Environmental Plan 2012 (Amendment No 8). LW 16.9.2016. Date of commencement, on publication on LW, cl 2. | |
(453) | Standard Instrument (Local Environmental Plans) Amendment (Vegetation) Order 2017. LW 25.8.2017. Date of commencement, 25.8.2017, cl 2. | |
(492) | Standard Instrument (Local Environmental Plans) Amendment (Child Care) Order 2017. LW 1.9.2017. Date of commencement, on publication on LW, cl 2. | |
(493) | State Environmental Planning Policy Amendment (Child Care) 2017. LW 1.9.2017. Date of commencement, on publication on LW, cl 2. | |
(555) | Armidale Dumaresq Local Environmental Plan 2012 (Amendment No 4). LW 29.9.2017. Date of commencement, on publication on LW, cl 2. | |
(3) | Armidale Dumaresq Local Environmental Plan 2012 (Amendment No 13). LW 12.1.2018. Date of commencement, on publication on LW, cl 2. | |
(92) | Armidale Dumaresq Local Environmental Plan 2012 (Amendment No 10). LW 16.3.2018. Date of commencement, on publication on LW, cl 2. | |
(105) | Standard Instrument (Local Environmental Plans) Amendment (Coastal Management) Order 2018. LW 23.3.2018. Date of commencement, 3.4.2018, cl 2. | |
(154) | Standard Instrument (Local Environmental Plans) Amendment (Minimum Subdivision Lot Size) Order 2018. LW 20.4.2018. Date of commencement, on publication on LW, cl 2. | |
No 40 | Forestry Legislation Amendment Act 2018. Assented to 27.6.2018. Date of commencement of Sch 3.12, 9.11.2018, sec 2 and 2018 (620) LW 9.11.2018. | |
(404) | Standard Instrument (Local Environmental Plans) Amendment (Artisan Food and Drink Industries) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(405) | Standard Instrument (Local Environmental Plans) Amendment (Garden Centres) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(406) | State Environmental Planning Policy Amendment (Artisan Food and Drink Industries) 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(477) | Standard Instrument (Local Environmental Plans) Amendment (Land Use Terms) Order 2018. LW 29.8.2018. Date of commencement, 31.8.2018, cl 2. | |
(488) | State Environmental Planning Policy Amendment (Land Use Terms) 2018. LW 29.8.2018. Date of commencement of Sch 1.1 and 1.2, 31.8.2018, cl 2 (1). | |
No 46 | Children (Education and Care Services) Supplementary Provisions Amendment Act 2018. Assented to 27.9.2018. Date of commencement of Sch 2.3, 31.10.2019, sec 2(1) and 2019 (200) LW 24.5.2019. | |
(717) | Standard Instrument (Local Environmental Plans) Amendment (Greater Sydney Commission) Order 2018. LW 7.12.2018. Date of commencement, 10.12.2018, cl 2. | |
(133) | Standard Instrument (Local Environmental Plans) Amendment (Primary Production and Rural Development) Order 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2. | |
(137) | State Environmental Planning Policy (Primary Production and Rural Development) 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2. | |
(332) | Armidale Dumaresq Local Environmental Plan 2012 (Amendment No 7). LW 12.7.2019. Date of commencement, on publication on LW, cl 2. | |
(620) | Standard Instrument (Local Environmental Plans) Amendment Order 2019. LW 13.12.2019. Date of commencement, 15.1.2020, cl 2. | |
(621) | State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019. Date of commencement of Sch 5, 15.1.2020, cl 2(1). | |
(155) | Standard Instrument (Local Environmental Plans) Amendment (Energy Storage Technology) Order 2020. LW 17.4.2020. Date of commencement, on publication on LW, cl 2. | |
(380) | Armidale Dumaresq Local Environmental Plan 2012 (Amendment No 14). LW 3.7.2020. Date of commencement, on publication on LW, cl 2. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). | |
(636) | Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2020. LW 28.10.2020. Date of commencement, 28.10.2020, cl 2. | |
No 40 | Liquor Amendment (Night-time Economy) Act 2020. Assented to 27.11.2020. Date of commencement of Schs 4.6 and 7, 11.12.2020, sec 2(1) and 2020 (713) LW 11.12.2020. | |
(762) | Standard Instrument (Local Environmental Plans) Amendment (Secondary Dwellings) Order 2020. LW 18.12.2020. Date of commencement, 1.2.2021, cl 2. | |
(45) | Armidale Dumaresq Local Environmental Plan 2012 (Amendment No 9). LW 12.2.2021. Date of commencement, on publication on LW, cl 2. | |
(63) | Armidale Dumaresq Local Environmental Plan 2012 (Amendment No 11). LW 19.2.2021. Date of commencement, on publication on LW, cl 2. | |
No 6 | Community Land Development Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021. | |
(225) | State Environmental Planning Policy Amendment (Flood Planning) 2021. LW 14.5.2021. Date of commencement, 14.7.2021, cl 2. | |
(226) | Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021. LW 14.5.2021. Date of commencement, 14.7.2021, cl 2. | |
(301) | Standard Instrument (Local Environmental Plans) Amendment (Natural Disasters) Order 2021. LW 18.6.2021. Date of commencement, 23.6.2021, cl 2. | |
(650) | Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. LW 5.11.2021. Date of commencement of Sch 1[1]–[15] [17] [19] [23]–[48] and [50]–[53] and Sch 2, 1.12.2021, cl 2(1); date of commencement of Sch 1[16] [18] [20]–[22] [49] [54] and [55], 30.6.2022, cl 2(1A); date of commencement of Sch 3, 26.4.2023, cl 2(2). Amended by Standard Instrument (Local Environmental Plans) Further Amendment (Land Use Zones) Order 2021 (712). LW 26.11.2021. Date of commencement, on publication on LW, cl 2. Amended by Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022 (726). LW 30.11.2022. Date of commencement, on publication on LW, cl 2. | |
(711) | Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2021. LW 26.11.2021. Date of commencement, on publication on LW, cl 2. | |
(71) | Standard Instrument (Local Environmental Plans) Amendment (SEPPs) Order 2022. LW 4.3.2022. Date of commencement, 9.3.2022, cl 2. | |
(314) | State Environmental Planning Policy Amendment (Local Distribution Premises) 2022. LW 24.6.2022. Date of commencement, 30.6.2022, sec 2. | |
(592) | Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2022. LW 6.10.2022. Date of commencement, 1.12.2022, cl 2. | |
(628) | Standard Instrument (Local Environmental Plans) Amendment (Canal Estate Development and Public Bushland) Order 2022. LW 21.10.2022. Date of commencement, 21.11.2022, cl 2. | |
(716) | Armidale Dumaresq Local Environmental Plan 2012 (Amendment No 16). LW 25.11.2022. Date of commencement, on publication on LW, cl 2. | |
(831) | State Environmental Planning Policy Amendment (Land Use Zones) (No 5) 2022. LW 16.12.2022. Date of commencement, 26.4.2023, sec 2. | |
(28) | Armidale Regional Local Environmental Plan 2012 (Amendment No 17). LW 27.1.2023. Date of commencement, on publication on LW, cl 2. | |
(458) | State Environmental Planning Policy Amendment (Agritourism) 2023. LW 18.8.2023. Date of commencement, on publication on LW, sec 2. | |
(522) | Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023. LW 15.9.2023. Date of commencement, 1.11.2023, cl 2. | |
(534) | Armidale Regional Local Environmental Plan 2012 (Amendment No 19). LW 22.9.2023. Date of commencement, on publication on LW, cl 2. | |
(608) | Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2023. LW 10.11.2023. Date of commencement, on publication on LW, cl 2. | |
(42) | State Environmental Planning Policy Amendment (Land Use Zones) (No 2) 2024. LW 23.2.2024. Date of commencement, on publication on LW, sec 2. | |
(266) | Armidale Regional Local Environmental Plan 2012 (Amendment No 22). LW 28.6.2024. Date of commencement, on publication on LW, cl 2. | |
(511) | Standard Instrument (Local Environmental Plans) Amendment (Group Homes) Order 2025. LW 19.9.2025. Date of commencement, on publication on LW, cl 2. |
No reference is made to certain amendments made consequential on the amendment of the Standard Instrument (Local Environmental Plans) Order 2006.
Cl 1.1 | Am 2022 (716), Sch 1[1]. |
Cl 1.2 | Am 2022 (716), Sch 1[2]. |
Cl 1.3 | Am 2014 (341), Sch 1 [1]. |
Cl 1.8 | Am 2014 (341), Sch 1 [2]. |
Cl 1.8A | Am 2019 (621), Sch 5[1]. |
Cl 1.9A | Am 2019 (621), Sch 5[2]–[4]. |
Cl 2.1 | Am 2022 (716), Sch 1[3]; 2022 (831), Sch 1.1[1]. |
Cl 2.8 | Am 2022 (716), Sch 1[4]. |
Land Use Table | Am 2016 (168), Sch 1 [2] [5]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2022 (314), Sch 1; 2022 (716), Sch 1[5]–[21]; 2022 (831), Sch 1.1[2]; 2023 (458), Sch 2.2[1]–[3]. |
Cl 4.1 | Am 2022 (716), Sch 1[22]–[24]. |
Cl 4.1AA | Am 2014 (541), Sch 1 [1]; 2022 (716), Sch 1[25]–[28]. |
Cl 4.1A | Am 2014 (541), Sch 1 [2]; 2022 (716), Sch 1[27]–[31]. |
Cl 4.1B | Am 2014 (541), Sch 1 [3]; 2022 (716), Sch 1[27] [28] [32]. |
Cl 4.1C | Am 2022 (716), Sch 1[33]. |
Cl 4.1D | Am 2022 (716), Sch 1[34]; 2022 (831), Sch 1.1[3]. |
Cl 4.1E | Ins 2014 (541), Sch 1 [4]. Am 2022 (716), Sch 1[27] [28] [35]. |
Cl 4.2A | Am 2022 (716), Sch 1[27]–[29] [36]–[38]. |
Cl 4.2B | Am 2022 (716), Sch 1[27] [29]. |
Cl 4.6 | Am 2022 (716), Sch 1[39]. |
Cl 5.3 | Am 2022 (716), Sch 1[28] [39]. |
Cl 5.4 | Am 2018 (406), Sch 1.2 [1] [2]; 2022 (716), Sch 1[40]. |
Cl 5.10 | Am 2022 (716), Sch 1[2]. |
Cl 5.24 | 2023 (458), Sch 1[4]. |
Cl 5.25 | 2023 (458), Sch 1[4]. |
Cl 6.2 | Rep 2021 (225), Sch 1. |
Cl 6.7 | Am 2017 (493), Sch 1.2 [1]. |
Cl 6.8 | Am 2022 (716), Sch 1[41]. |
Cl 6.9 | Am 2018 (488), Sch 1.2; 2022 (716), Sch 1[42]; 2022 (831), Sch 1.1[4]. |
Cl 6.10 | Am 2018 (488), Sch 1.2; 2022 (716), Sch 1[43]. |
Sch 1 | Am 2014 (341), Sch 1 [3]; 2018 (488), Sch 1.2; 2021 (45), Sch 1; 2022 (716), Sch 1[44]–[47]; 2022 (831), Sch 1.1[5]–[7]; 2023 (28), cl 5; 2023 (534), Sch 1. |
Sch 2 | Am 2022 (716), Sch 1[48]–[50]; 2022 (831), Sch 1.1[8]–[10]; 2024 (42), Sch 1.2. |
Sch 4 | Am 2014 (420), cl 4 (1)–(4); 2020 (380), cl 4. |
Sch 5 | Am 2013 (503), Sch 1 [1]–[11]; 2014 (341), Sch 1 [4]; 2014 (617), Sch 1 [1]–[51]. Subst 2022 (716), Sch 1[54]. Am 2024 (266), Sch 1[1]–[22]. |
Dictionary | Am 2014 (341), Sch 1 [5]; 2022 (716), Sch 1[51]–[53]. |
Maps | Am 2013 (503), cl 4; 2014 (341), cl 4; 2014 (617), cl 4; 2016 (582), cl 4; 2017 (555), cl 4; 2018 (3), cl 4; 2018 (92), cl 4; 2019 (332), cl 4; 2021 (45), cl 4; 2021 (63), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment. |
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