Ballina Local Environmental Plan 2012 (NSW)
This Plan is Ballina Local Environmental Plan 2012.
This Plan commences on 4 February 2013 and is required to be published on the NSW legislation website.
This Plan aims to make local environmental planning provisions for land in Ballina 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 provide for a sustainable Ballina that recognises and supports community, environmental and economic values through the establishment and maintenance of the following—
(i) a built environment that contributes to health and wellbeing,
(ii) a diverse and prosperous economy,
(iii) a healthy natural environment,
(iv) diverse and balanced land uses,
(v) healthy, resilient and adaptable communities,
(vi) responsible and efficient use of resources,
(b) to provide for development that is consistent with Council’s established strategic planning framework for Ballina,
(c) to achieve the objectives of the land use zones set out in Part 2 of this Plan,
(d) to promote the orderly and efficient use of land having regard to the social and environmental characteristics of the land,
(e) to provide for the development of public services and infrastructure.
This Plan applies to the land identified on the Land Application Map.
Despite subclause (1), this Plan does not apply to the land identified as “Deferred matter” on the Land Application Map.
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(Repealed)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.
However, Ballina Local Environmental Plan 1987 continues to apply to the land identified as “Deferred matter” under clause 1.3(1A).
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.
A development application made, but not finally determined, before the commencement of Ballina Local Environmental Plan 2012 (Amendment No 54) must be determined as if that plan had not commenced.
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—
• State Environmental Planning Policy (Rural Lands) 2008 (clause 9)
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
RU2 Rural Landscape
• Residential Zones R2 Low Density Residential
R3 Medium Density 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
Zone SP4 Enterprise
• Recreation Zones RE1 Public Recreation
RE2 Private Recreation
• Conservation Zones C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
• Waterway Zones W1 Natural Waterways
W2 Recreational Waterways
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 14 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 maintain the rural, cultural and landscape character of the locality.
• To enable development that is compatible with the rural and environmental nature of the land.
• To ensure that there is not unreasonable or uneconomic demands for the provision of public infrastructure.
Environmental protection works; Extensive agriculture; Home-based child care; Home occupations; Intensive plant agriculture
Agritourism; Airstrips; Animal boarding or training establishments; Aquaculture; Boat launching ramps; Boat sheds; Car parks; Cellar door premises; Cemeteries; Dual occupancies; Dwelling houses; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Helipads; Home businesses; Home industries; Home occupations (sex services); Information and education facilities; Intensive livestock agriculture; Jetties; Markets; Mooring pens; Moorings; Open cut mining; Recreation areas; Recreation facilities (outdoor); Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Sewerage systems; Signage; Tourist and visitor accommodation; Turf farming; Water recreation structures; Water supply systems
Advertising structures; Backpackers’ accommodation; Hotel or motel accommodation; Local distribution premises; Serviced apartments; Any other development not specified in item 2 or 3
• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
• To maintain the rural landscape character of the land.
• To provide for a range of compatible land uses, including extensive agriculture.
• To minimise the fragmentation and alienation of resource lands.
• To minimise conflict between land uses within the zone and land uses within adjoining zones.
• To enable small-scale tourist-orientated development that is compatible with the rural nature of the land.
• To encourage development that involves restoration or enhancement (or both) of the natural environment if consistent with the production and landscape character of the land.
• To enable development that does not adversely impact on the natural environment, including habitat and waterways.
• To ensure that there is not unreasonable or uneconomic demands (or both) for the provision of public infrastructure.
Environmental protection works; Extensive agriculture; Home-based child care; Home occupations; Intensive plant agriculture
Agriculture; Airstrips; Animal boarding or training establishments; Aquaculture; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Correctional centres; Crematoria; Depots; Dual occupancies; Dwelling houses; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Helipads; Home businesses; Home industries; Home occupations (sex services); Information and education facilities; Jetties; Kiosks; Liquid fuel depots; Marinas; Markets; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Public administration buildings; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Sewerage systems; Signage; Storage premises; Tourist and visitor accommodation; Turf farming; Vehicle repair stations; Veterinary hospitals; Water recreation structures; Water supply systems; Wharf or boating facilities
Advertising structures; Backpackers’ accommodation; Function centres; Hotel or motel accommodation; Local distribution premises; Self-storage units; Serviced apartments; Any other development not specified in item 2 or 3
• To provide for the housing needs of the community within a low density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To provide for development that is compatible with the character and amenity of the surrounding neighbourhood.
• To provide for development that meets the social and cultural needs of the community.
• To encourage development that achieves the efficient use of resources such as energy and water.
Environmental protection works; Home-based child care; Home occupations
Bed and breakfast accommodation; Centre-based child care facilities; Dwelling houses; Extensive agriculture; Group homes; Home industries; Hospitals; Hostels; Kiosks; Markets; Oyster aquaculture; Pond-based aquaculture; Respite day care centres; Roads; Roadside stalls; Secondary dwellings; Seniors housing; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Dairies (pasture-based); Depots; Eco-tourist facilities; Forestry; Freight transport facilities; Health services facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Industrial retail outlets; Industrial training facilities; Industries; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Recreation facilities (major); Registered clubs; Residential accommodation; Restricted premises; Rural industries; Service stations; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Wharf or boating facilities; Wholesale supplies
• To provide for the housing needs of the community within a medium density residential environment.
• To provide a variety of housing types within a medium density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To provide development that is compatible with the character and amenity of the surrounding neighbourhood.
• To encourage housing and infrastructure that supports the ageing population.
• To provide for development that meets the social and cultural needs of the community.
• To encourage development that achieves the efficient use of resources such as energy and water.
Environmental protection works; Home-based child care; Home occupations
Attached dwellings; Boarding houses; Centre-based child care facilities; Community facilities; Extensive agriculture; Group homes; Home industries; Kiosks; Markets; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Respite day care centres; Roads; Roadside stalls; Seniors housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Dairies (pasture-based); Depots; Eco-tourist facilities; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Industrial retail outlets; Industrial training facilities; Industries; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Recreation facilities (major); Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management 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.
• To ensure the adequate provision of infrastructure to support neighbourhood shopping facilities.
• To minimise conflict between land uses within the zone and land uses within adjoining zones.
• To encourage development that—
(a) recognises natural, cultural and built heritage, and
(b) uses resources efficiently, including energy and water, and
(c) is compatible with the hierarchy of centres, and
(d) has high accessibility and amenity, particularly for pedestrians.
• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and contribute to vibrant, diverse and functional streets and public spaces.
Environmental protection works; Home-based child care; Home occupations
Amusement centres; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Extensive agriculture; Function centres; Group homes; Home industries; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation facilities (indoor); Respite day care centres; Service stations; Shop top housing; Tank-based aquaculture; Veterinary hospitals; Any other development not specified in item 2 or 4
Advertising structures; Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Exhibition villages; Forestry; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Marinas; Mooring pens; Moorings; Mortuaries; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential accommodation; Restricted premises; Rural industries; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste or resource management facilities; Wharf or boating facilities; Wholesale supplies
• 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 enable tourist development that is compatible with the commercial nature of activities in the zone.
• To encourage development that—
(a) recognises natural, cultural and built heritage, and
(b) uses resources efficiently, including energy and water, and
(c) is compatible with the hierarchy of centres.
Environmental protection works; Home-based child care; Home occupations
Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Home industries; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Mortuaries; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Vehicle repair stations; Veterinary hospitals; Any other development not specified in item 2 or 4
Advertising structures; Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Camping grounds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Exhibition villages; Extractive industries; Farm buildings; Forestry; Heavy industrial storage establishments; Highway service centres; Industrial retail outlets; Industrial training facilities; Industries; Mooring pens; Moorings; Open cut mining; Residential accommodation; Rural industries; Sex services premises; Storage premises; Vehicle body repair workshops; Warehouse or distribution centres; Waste or resource management 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.
• To provide for residential uses, but only as part of a mixed use development.
• To encourage integrated mixed use development that is centred on business and office-based activity.
• To minimise conflict between land uses within the zone and land uses within adjoining zones.
• To encourage development that—
(a) uses resources efficiently, including energy and water, and
(b) is compatible with the hierarchy of centres.
Environmental protection works; Home-based child care; Home occupations
Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Business premises; Car parks; Centre-based child care facilities; Community facilities; Depots; Flood mitigation works; Food and drink premises; Function centres; Garden centres; Hardware and building supplies; Home businesses; Home industries; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Jetties; Kiosks; Landscaping material supplies; Light industries; Local distribution premises; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Respite day care centres; Roads; Rural supplies; Service stations; Sewerage systems; Shop top housing; Signage; 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; Water supply systems; Wholesale supplies
Any development not specified in item 2 or 3
• To provide a range of industrial, warehouse, logistics and related land uses.
• To ensure the efficient and viable use of land for industrial uses.
• To minimise any adverse effect of industry on other land uses.
• To encourage employment opportunities.
• To enable limited non-industrial land uses that provide facilities and services to meet the needs of businesses and workers.
• To enable non-industrial uses that are compatible with the industrial nature of the locality.
• To encourage development that uses resources efficiently, including energy and water.
• To ensure development does not expose adjoining uses to hazard risks.
Environmental protection works
Agricultural produce industries; Depots; Freight transport facilities; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Hospitals; Industrial retail outlets; Industrial training facilities; 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
Advertising structures; Amusement centres; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Community facilities; Correctional centres; Eco-tourist facilities; Environmental facilities; Exhibition homes; Exhibition villages; Function centres; Hazardous industries; Health services facilities; Heavy industrial storage establishments; Highway service centres; Home-based child care; Mooring pens; Moorings; Offensive industries; Pond-based aquaculture; Recreation facilities (major); Registered clubs; Residential accommodation; Respite day care centres; Rural industries; Schools; Tourist and visitor accommodation; 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.
• To enable residential and tourist development that is compatible with the commercial nature of activities in the zone.
• To encourage development that recognises natural, cultural and built heritage.
• To encourage development that use resources efficiently, including energy and water.
Environmental protection works; Home-based child care; Home occupations
Amusement centres; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Home industries; 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
Advertising structures; Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Camping grounds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Exhibition villages; Forestry; Heavy industrial storage establishments; Highway service centres; Industrial retail outlets; Industrial training facilities; Industries; Mooring pens; Moorings; Rural industries; Rural workers’ dwellings; Sex services premises; Storage premises; Vehicle body repair workshops; Warehouse or distribution centres; Waste or resource management 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.
Environmental protection works; Roads
Aquaculture; Building identification signs; Business identification signs; 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 provide for development and land uses that support enterprise and productivity.
• To provide opportunities for new and emerging creative and high technology industries and recreational land uses.
Environmental protection works
Artisan food and drink industries; Building identification signs; Business identification signs; Car parks; Community facilities; Creative industries; High technology industries; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Roads; Take away food and drink premises
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.
• To provide for a diversity of development that meets the social and cultural needs of the community.
• To provide for public access to open space and natural recreation areas.
• To protect and conserve landscapes in environmentally sensitive areas, particularly in foreshore and visually prominent locations.
• To provide for development that is consistent with any applicable plan of management.
• To encourage development that achieves the efficient use of resources such as energy and water.
Environmental protection works; Flood mitigation works; Roads
Aquaculture; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Emergency services facilities; Entertainment facilities; Environmental facilities; Extensive agriculture; Forestry; Function centres; Heliports; Information and education facilities; Jetties; Kiosks; Markets; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Respite day care centres; Restaurants or cafes; Sewerage systems; Signage; Take away food and drink premises; Water recreation structures; Water supply systems; Wharf or boating facilities
Any 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.
• To enable development that is compatible with the recreational nature and environmental character of the land.
• To encourage development that achieves the efficient use of resources such as energy and water.
Environmental protection works
Aquaculture; Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Dwelling houses; Electricity generating works; Emergency services facilities; Environmental facilities; Environmental protection works; Extensive agriculture; Flood mitigation works; Forestry; Helipads; Home businesses; Home industries; Home occupations; Hotel or motel accommodation; Jetties; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Respite day care centres; Restaurants or cafes; Roads; Sewerage systems; Signage; Take away food and drink premises; Water recreation structures; Water supply systems; Wharf or boating facilities
Advertising structures; Any other 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
Building identification signs; Business identification signs; Dwelling houses; Environmental facilities; Extensive agriculture; 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.
Environmental protection works; Extensive agriculture; Home occupations
Building identification signs; Business identification signs; Camping grounds; Community facilities; Dwelling houses; Emergency services facilities; Environmental facilities; Farm buildings; Home-based child care; Information and education facilities; Intensive plant agriculture; Kiosks; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Research stations; Roads; Roadside stalls; Tank-based aquaculture; Tourist and visitor accommodation; Water recreation structures
Backpackers’ accommodation; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Serviced apartments; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect the ecological and scenic values of natural waterways.
• To prevent development that would have an adverse effect on the natural values of waterways in this zone.
• To provide for sustainable fishing industries and recreational fishing.
• To ensure that development maintains and enhances the integrity of aquatic ecosystems and biodiversity.
Environmental protection works
Aquaculture; Boat launching ramps; Boat sheds; Emergency services facilities; Environmental facilities; Jetties; Mooring pens; Moorings; Roads; Signage; Water recreation structures; Wharf or boating facilities
Advertising structures; Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect the ecological, scenic and recreation values of recreational waterways.
• To allow for water-based recreation and related uses.
• To provide for sustainable fishing industries and recreational fishing.
• To enable activities that meet the social and cultural needs of the community.
• To provide for development that is consistent with any applicable plan of management.
Environmental protection works; Home occupations
Aquaculture; Boat building and repair facilities; Boat launching ramps; Boat sheds; Car parks; Charter and tourism boating facilities; Electricity generating works; Emergency services facilities; Environmental facilities; Flood mitigation works; Information and education facilities; Jetties; Kiosks; Marinas; Mooring pens; Moorings; Passenger transport facilities; Recreation facilities (outdoor); Roads; Signage; Water recreation structures; Wharf or boating facilities
Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Seniors housing; Warehouse or distribution centres; Any other development not specified in item 2 or 3
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,
(ja) land the subject of a conservation agreement within the meaning of the National Parks and Wildlife Act 1974,
(jb) land the subject of a Trust agreement within the meaning of the Nature Conservation Trust Act 2001,
(jc) land the subject of a property vegetation plan within the meaning of the Native Vegetation Act 2003,
(jd) land the subject of a biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995,
(je) land identified as “Hazard Area” on the Coastal Hazard Areas Map.
The objectives of this clause are as follows—
(a) to ensure that subdivision is compatible with the character of the locality,
(b) to ensure that in the case of urban areas—
(i) the subdivision pattern reflects and reinforces the current or planned subdivision pattern of the locality, and
(ii) lot configurations are suitable to enable development that is consistent with relevant development controls,
(c) to ensure that in the case of rural areas—
(i) the subdivision pattern reflects and reinforces the agricultural, resource and environmental values of the land, and
(ii) the subdivision pattern minimises land use conflict.
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.
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.
The objectives of this clause are as follows—
(a) to enable the subdivision of land for the purpose of a community title scheme consistent with lot size subdivision standards that are otherwise applicable.
This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 2021 of land in any of the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone R2 Low Density Residential,
(d) Zone R3 Medium Density Residential,
(e) Zone C2 Environmental Conservation,
(f) Zone C3 Environmental Management,
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 encourage housing diversity without adversely impacting on residential amenity.
This clause applies to development on land in Zone R3 Medium Density Residential.
Development consent may be granted to a single development application for development to which this clause applies that is both of the following—
(a) the subdivision of land into 4 or more lots,
(b) the erection of a dwelling house, an attached dwelling or a semi-detached dwelling on each lot resulting from the subdivision, if the size of each lot is equal to or greater than—
(i) for the erection of a dwelling house—400 square metres, or
(ii) for the erection of an attached dwelling—300 square metres, or
(iii) for the erection of a semi-detached dwelling—300 square metres.
The objective of this clause is to ensure that land to which this clause applies is not fragmented by inappropriate subdivisions.
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 RU2 Rural Landscape,
(c) (Repealed)
(ca) Zone C2 Environmental Conservation,
(cb) Zone C3 Environmental Management,
(d) Zone W1 Natural Waterways,
(e) Zone W2 Recreational Waterways.
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 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 RU2 Rural Landscape.
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, and
(e) there will be not more than 1 rural worker’s dwelling on the lot, and
(f) the area of the lot is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
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 RU4 Primary Production Small Lots 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 or dual occupancies in certain rural zones,
(c) to ensure that development is of a scale and nature that is compatible with the environmental capabilities of the land,
(d) to protect the primary production potential of the land.
This clause applies to land in the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone C2 Environmental Conservation,
(d) Zone C3 Environmental Management.
Development consent must not be granted for the erection of a dwelling house or a dual occupancy on land to which this clause applies 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 under this Plan (other than under clause 4.2(3)), or
(c) is a lot created before this Plan commenced and on which the erection of a dwelling house or a dual occupancy (attached) was permissible immediately before that commencement, but not if the lot is part of an existing holding, or
(d) 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 a dual occupancy (attached) would have been permissible if the plan of subdivision had been registered before that commencement, or
(e) is an existing holding, or
(f) is a lot or a group of lots identified as having “1 Dwelling opportunity” on the Dwelling Opportunity Reinstatement Map, or
(g) would have been a lot or a holding referred to in paragraph (a), (b), (c), (d), (e) or (f) had it not been affected by—
(i) a minor realignment of its boundaries that did not create an additional lot, or
(ii) a subdivision creating or widening a public road or public reserve or for another public purpose, or
(iii) a consolidation with an adjoining public road or public reserve or for another public purpose.
A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.
Subclause (3)(f) preserves dwelling entitlements that were extinguished by Ballina Local Environmental Plan 1987 (Amendment No 110) but were acknowledged by the Council in writing as being preserved before that amendment was made.
Development consent must not be granted under subclause (3) unless—
(a) no dwelling house or dual occupancy has been erected on the land, and
(b) if a development application has been made for development for the purposes of a dwelling house or dual occupancy on the land—the application has been refused or it was withdrawn before it was determined, and
(c) if development consent has been granted in relation to such an application—the consent has been surrendered or it has lapsed.
Development consent must not be granted under subclause (3) for a dual occupancy unless the consent authority is satisfied that—
(a) the development will not impair the use of the land or adjoining land for agriculture or rural industries, and
(b) each dwelling will use the same vehicular point of access to and from a public road, and
(c) the land is physically suitable for the development, and
(d) the land will accommodate the on-site disposal and management of sewage for each dwelling.
Development consent may be granted for the erection of a dwelling house or a 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 either the existing dwelling house or dual occupancy.
If land to which this clause applies is a lot that is comprised of both land to which this Plan applies and land identified as “Deferred Matter” under clause 1.3(1A), a reference in subclauses (4)–(5) to “the land” is a reference to the whole of that lot.
Land ceases to be an existing holding for the purposes of subclause (3)(e) if an application for development consent referred to in that subclause is not made in relation to that land before 1 July 2014.
In this clause—
(a) in the former shire of Tintenbar—
(i) was a holding on 12 June 1970, and
(ii) is still held by the same owner at the time the application for development consent referred to in subclause (3) is lodged, or
(b) in the former municipality of Ballina—
(i) was a holding on 18 July 1969, and
(ii) is still held by the same owner at the time the application for development consent referred to in subclause (3) is lodged.
The objective of this clause is to permit adjustments to the boundaries between 2 or more lots that will provide improved agricultural or environmental outcomes without creating additional opportunities for the erection of dwellings.
This clause applies to land in the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone C2 Environmental Conservation,
(d) Zone C3 Environmental Management.
Development consent may be granted for the subdivision of land for the purposes of a boundary adjustment between adjoining lots to create lots of a size that are less than the minimum size shown for the land on the Lot Size Map if the consent authority is satisfied that—
(a) the subdivision will not result in the creation of an additional lot or the opportunity for additional dwelling entitlements on a lot, or both, and
(b) the subdivision will not have adverse impacts on the long-term agricultural production potential, biodiversity values or environmental characteristics of the lots and the surrounding locality.
The objectives of this clause are as follows—
(a) to permit the creation of lots that support urban development in planned urban growth areas,
(b) to provide for the subdivision of lots that are within more than one zone but cannot be subdivided under clause 4.1,
(c) to ensure that the subdivision occurs in a manner that promotes suitable land uses and development.
This clause applies to each lot (an
(a) land in a residential, employment or mixed use zone, and
(b) land in a relevant zone.
Despite clause 4.1, development consent may be granted to subdivide an original lot to create other lots (the
(a) 1 of the resulting lots will contain all of the land in a relevant zone that was in the original lot, and
(b) each of the 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.
Development consent may only be granted if the consent authority is satisfied that the lot to be created under subclause (3)(a)—
(a) will be created as a result of a subdivision of land for urban purposes involving land in a residential, employment or mixed use zone, and
(b) the lot is suitable for environmental protection, environmental management or agriculture.
If the area of land that would comprise the resulting lot created under subclause (3)(a) is of a size that is sufficient to allow the creation of more than one lot each of a size that is not less than the minimum size shown on the Lot Size Map in relation to that land, then not more than that number of lots may be created under subclause (3)(a).
In this clause—
The objectives of this clause are as follows—
(a) to ensure that the height of buildings is compatible with the bulk, scale and character of the locality,
(b) to minimise adverse impacts on existing or future amenity of adjoining properties and the scenic or landscape quality of the locality,
(c) to protect significant views from public places.
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.
The objective of this clause is to align building height and flood planning provisions and provide for a consistent point of reference for the measurement of building heights in flood prone areas.
This clause applies to land identified as “Minimum Level Australian Height Datum (AHD)” on the Building Height Allowance Map.
The maximum height of a building on land to which this clause applies is to be measured—
(a) where the existing ground level is higher than the minimum level shown on the Building Height Allowance Map—from the existing ground level, or
(b) otherwise—from the minimum level AHD permitted for the land on the Building Height Allowance Map.
The objectives of this clause are as follows—
(a) to ensure that buildings are compatible with the bulk, scale and character of the locality,
(b) to minimise adverse impacts on existing or future amenity of adjoining properties and the scenic or landscape quality of the locality.
The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
Despite subclause (2), a dwelling house, a dual occupancy, a semi-detached dwelling or a secondary dwelling must not exceed a floor space ratio of 0.5:1.
The objectives of this clause are as follows—
(a) to define
floor space ratio ,(b) to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—
(i) prevent the inclusion in the site area of an area that has no significant development being carried out on it, and
(ii) prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and
(iii) require community land and public places to be dealt with separately.
The
In determining the site area of proposed development for the purpose of applying a floor space ratio, the
(a) if the proposed development is to be carried out on only one lot, the area of that lot, or
(b) if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.
In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.
The following land must be excluded from the site area—
(a) land on which the proposed development is prohibited, whether under this Plan or any other law,
(b) community land or a public place (except as provided by subclause (7)).
The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.
The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.
For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.
The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.
When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.
If—
(a) a covenant of the kind referred to in subclause (9) applies to any land (
affected land ), and(b) proposed development relates to the affected land and other land that together comprise the site of the proposed development,
the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.
In this clause,
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,
(ca) clause 6.1 or 6.2.
(cb) (Repealed)
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 |
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.
[Not adopted]
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 3 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 50 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 50 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) 25% 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 3 bedrooms in buildings.
If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 10 square metres.
If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 100 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 9 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) 50% 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 SP4 Enterprise, Zone W4 Working Waterfront or a rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed—
(a) 25% of the gross floor area of the industry, or
(b) 400 square metres,
whichever is the lesser.
[Not adopted]
The objectives of this clause are 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.
Ballina Local Environmental Plan 2012 (2013-20). LW 25.1.2013. Date of commencement, 4.2.2013, cl 1.1AA. This Plan has been amended as follows—
(98) | Ballina Local Environmental Plan 2012 (Amendment No 1). LW 8.3.2013. Date of commencement, on publication on LW, cl 2. | |
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. | |
(534) | Ballina Local Environmental Plan 2012 (Amendment No 2). LW 13.9.2013. Date of commencement, on publication on LW, cl 2. | |
(563) | Ballina Local Environmental Plan 2012 (Amendment No 3). LW 27.9.2013. Date of commencement, on publication on LW, cl 2. | |
(583) | Ballina Local Environmental Plan 2012 (Amendment No 4). LW 4.10.2013. Date of commencement, on publication on LW, cl 2. | |
(595) | Ballina Local Environmental Plan 2012 (Amendment No 5). LW 11.10.2013. 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. | |
(18) | Ballina Local Environmental Plan 2012 (Amendment No 6). LW 31.1.2014. Date of commencement, on publication on LW, cl 2. | |
(99) | Ballina Local Environmental Plan 2012 (Amendment No 7). LW 7.3.2014. Date of commencement, on publication on LW, cl 2. | |
(207) | Ballina Local Environmental Plan 2012 (Amendment No 8). LW 11.4.2014. Date of commencement, on publication on LW, cl 2. | |
(208) | Ballina Local Environmental Plan 2012 (Amendment No 10). LW 11.4.2014. Date of commencement, on publication on LW, cl 2. | |
(272) | Ballina Local Environmental Plan 2012 (Amendment No 9). LW 23.5.2014. Date of commencement, on publication on LW, cl 2. | |
(273) | Ballina Local Environmental Plan 2012 (Amendment No 13). LW 23.5.2014. Date of commencement, on publication on LW, cl 2. | |
(296) | Ballina Local Environmental Plan 2012 (Amendment No 11). LW 30.5.2014. 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. | |
(435) | Ballina Local Environmental Plan 2012 (Amendment No 16). LW 11.7.2014. Date of commencement, on publication on LW, cl 2. | |
(436) | Ballina Local Environmental Plan 2012 (Amendment No 17). LW 11.7.2014. 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. | |
(514) | Ballina Local Environmental Plan 2012 (Amendment No 15). LW 15.8.2014. Date of commencement, on publication on LW, cl 2. | |
(542) | Ballina Local Environmental Plan 2012 (Amendment No 14). LW 22.8.2014. Date of commencement, on publication on LW, cl 2. | |
(625) | Ballina Local Environmental Plan 2012 (Amendment No 18). LW 26.9.2014. Date of commencement, on publication on LW, cl 2. | |
(816) | Ballina Local Environmental Plan 2012 (Amendment No 21). LW 19.12.2014. Date of commencement, on publication on LW, cl 2. | |
(5) | Ballina Local Environmental Plan 2012 (Amendment No 20). LW 16.1.2015. Date of commencement, on publication on LW, cl 2. | |
(27) | Ballina Local Environmental Plan 2012 (Amendment No 19). LW 30.1.2015. Date of commencement, on publication on LW, cl 2. | |
(308) | Ballina Local Environmental Plan 2012 (Amendment No 22). LW 19.6.2015. 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). | |
(481) | Ballina Local Environmental Plan 2012 (Amendment No 24). LW 21.8.2015. Date of commencement, on publication on LW, cl 2. | |
(485) | Ballina Local Environmental Plan 2012 (Amendment No 23). LW 28.8.2015. Date of commencement, on publication on LW, cl 2. | |
(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. | |
(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. | |
(310) | State Environmental Planning Policy (Integration and Repeals) 2016. LW 10.6.2016. Date of commencement, 56 days after publication on LW, cl 2. | |
(683) | Ballina Local Environmental Plan 2012 (Amendment No 25). LW 18.11.2016. Date of commencement, on publication on LW, cl 2. | |
(701) | Ballina Local Environmental Plan 2012 (Amendment No 26). LW 25.11.2016. Date of commencement, on publication on LW, cl 2. | |
(756) | Ballina Local Environmental Plan 2012 (Amendment No 27). LW 9.12.2016. Date of commencement, on publication on LW, cl 2. | |
(782) | Ballina Local Environmental Plan 2012 (Amendment No 28). LW 16.12.2016. Date of commencement, on publication on LW, cl 2. | |
(44) | Ballina Local Environmental Plan 2012 (Amendment No 29). LW 24.2.2017. Date of commencement, on publication on LW, cl 2. | |
(86) | Ballina Local Environmental Plan 2012 (Amendment No 30). LW 17.3.2017. Date of commencement, on publication on LW, cl 2. | |
(194) | Ballina Local Environmental Plan 2012 (Amendment No 32). LW 19.5.2017. Date of commencement, on publication on LW, cl 2. | |
(391) | Ballina Local Environmental Plan 2012 (Amendment No 33). LW 4.8.2017. 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. | |
(619) | Ballina Local Environmental Plan 2012 (Amendment No 31). LW 10.11.2017. Date of commencement, on publication on LW, cl 2. | |
(726) | State Environmental Planning Policy (Educational Establishments and Child Care Facilities) Amendment 2017. LW 15.12.2017. Date of commencement, on publication on LW, cl 2. | |
(742) | Ballina Local Environmental Plan 2012 (Amendment No 34). LW 22.12.2017. Date of commencement, on publication on LW, cl 2. | |
(26) | Ballina Local Environmental Plan 2012 (Amendment No 36). LW 9.2.2018. Date of commencement, on publication on LW, cl 2. | |
(38) | Ballina Local Environmental Plan 2012 (Amendment No 35). LW 16.2.2018. 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. | |
(106) | State Environmental Planning Policy (Coastal Management) 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. | |
(389) | Ballina Local Environmental Plan 2012 (Amendment No 37). LW 20.7.2018. Date of commencement, on publication on LW, cl 2. | |
(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. | |
(451) | Ballina Local Environmental Plan 2012 (Amendment No 39). LW 17.8.2018. 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. | |
(63) | Ballina Local Environmental Plan 2012 (Amendment No 38). LW 8.2.2019. Date of commencement, on publication on LW, 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. | |
(292) | Ballina Local Environmental Plan 2012 (Amendment No 40). LW 28.6.2019. Date of commencement, on publication on LW, cl 2. | |
(501) | Ballina Local Environmental Plan 2012 (Amendment No 42). LW 11.10.2019. Date of commencement, on publication on LW, cl 2. | |
(575) | Ballina Local Environmental Plan 2012 (Amendment No 41). LW 29.11.2019. Date of commencement, on publication on LW, cl 2. | |
(618) | Ballina Local Environmental Plan 2012 (Amendment No 43). LW 13.12.2019. 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 Schs 3 and 5, 15.1.2020, cl 2(1). | |
(55) | Ballina Local Environmental Plan 2012 (Amendment No 44). LW 21.2.2020. Date of commencement, on publication on LW, cl 2. | |
(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. |
(182) | Ballina Local Environmental Plan 2012 (Amendment No 46). LW 1.5.2020. Date of commencement, on publication on LW, cl 2. | |
(188) | Ballina Local Environmental Plan 2012 (Amendment No 45). LW 8.5.2020. 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. | |
(779) | Ballina Local Environmental Plan 2012 (Amendment No 50). LW 23.12.2020. Date of commencement, on publication on LW, cl 2. | |
(64) | Ballina Local Environmental Plan 2012 (Amendment No 49). 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. | |
(215) | Ballina Local Environmental Plan 2012 (Amendment No 48). LW 7.5.2021. Date of commencement, on publication on LW, cl 2. | |
(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. | |
(336) | Ballina Local Environmental Plan 2012 (Amendment No 47). LW 25.6.2021. Date of commencement, on publication on LW, 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. | |
(72) | State Environmental Planning Policy Amendment (Miscellaneous) 2022. LW 4.3.2022. Date of commencement, on publication on LW, sec 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. | |
(594) | Ballina Local Environmental Plan 2012 (Amendment No 52). LW 7.10.2022. Date of commencement, on publication on LW, 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. | |
(828) | State Environmental Planning Policy Amendment (Land Use Zones) (No 2) 2022. LW 16.12.2022. Date of commencement, 26.4.2023, sec 2. | |
(452) | Ballina Local Environmental Plan 2012 (Amendment No 53). LW 18.8.2023. Date of commencement, on publication on LW, sec 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. | |
(554) | State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023. LW 29.9.2023. Date of commencement, 1.10.2023, sec 2. | |
(595) | Ballina Local Environmental Plan 2012 (Amendment No 51). LW 3.11.2023. 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. | |
(646) | Ballina Local Environmental Plan 2012 (Amendment No 54). LW 1.12.2023. Date of commencement, on publication on LW, cl 2. | |
(299) | Ballina Local Environmental Plan 2012 (Amendment No 55). LW 12.7.2024. Date of commencement, on publication on LW, cl 2. | |
(537) | Ballina Local Environmental Plan 2012 (Amendment No 56). LW 25.10.2024. Date of commencement, on publication on LW, cl 2. | |
(466) | Ballina Local Environmental Plan 2012 (Amendment No 57). LW 29.8.2025. 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 1.8A | Am 2019 (621), Sch 5[1]; 2023 (646), Sch 1[1]–[3]. |
Cl 1.9 | Am 2016 (310), Sch 4.1. |
Cl 1.9A | Am 2019 (621), Sch 5[2]–[4]. |
Cl 2.1 | Am 2013 (563), Sch 1 [1]; 2022 (828), Sch 1.2[1]; 2023 (646), Sch 1[4]; 2024 (537), Sch 1[1]. |
Cl 2.8 | Am 2021 (336), Sch 1[1]. |
Land Use Table | Am 2013 (563), Sch 1 [2]; 2015 (308), Sch 1 [1]; 2017 (493), Sch 1.1 [1]; 2017 (726), Sch 2.1; 2017 (742), Sch 1 [1] [2]; 2018 (488), Sch 1.1 [1] [3]; 2019 (137), Sch 6 [1] [2]; 2019 (501), Sch 1[1]; 2019 (621), Sch 3; 2021 (336), Sch 1[2] [3]; 2022 (314), Sch 1; 2022 (828), Sch 1.2[2]; 2023 (458), Sch 2.3; 2023 (646), Sch 1[5]; 2024 (537), Sch 1[2]; 2025 (466), Sch 1[1]–[3]. |
Cl 4.1AA | Am 2023 (646), Sch 1[6]. |
Cl 4.1B | Am 2023 (646), Sch 1[7] [8]; 2025 (466), Sch 1[4]. |
Cl 4.2A | Am 2015 (308), Sch 1 [2]; 2017 (742), Sch 1 [3]–[8]; 2023 (646), Sch 1[9] [10]. |
Cl 4.2B | Ins 2014 (18), Sch 1. Am 2025 (466), Sch 1[5] [6]. |
Cl 4.2C | Ins 2014 (18), Sch 1. Am 2022 (828), Sch 1.2[3] [4]; 2023 (646), Sch 1[11]–[13]. |
Cl 4.3A | Am 2014 (273), Sch 1; 2025 (466), Sch 1[7]. |
Cl 4.6 | Am 2019 (292), Sch 1 [1]; 2022 (828), Sch 1.2[5]; 2023 (646), Sch 1[14]. |
Cl 5.4 | Am 2018 (406), Sch 1.5 [1] [2]; 2023 (458), Sch 1[1]; 2024 (537), Sch 1[3]. |
Cl 5.25 | Subst 2023 (458), Sch 1[3]. |
Cl 6.1 | Am 2019 (621), Sch 5[5]; 2023 (554), Schs 1, 2.1. |
Cl 6.3 | Am 2014 (542), Sch 1 [1]. |
Cl 7.1 | Am 2018 (106), Sch 2.1; 2022 (72), Sch 1.4[1]. |
Cl 7.3 | Rep 2021 (225), Sch 1. |
Cl 7.4 | Am 2015 (308), Sch 1 [3]. |
Cl 7.5 | Am 2023 (452), Sch 1. |
Cl 7.9 | Am 2023 (646), Sch 1[15]; 2025 (466), Sch 1[8]. |
Cl 7.10 | Am 2022 (72), Sch 1.4[2] [3]. |
Cl 7.11 | Ins 2019 (63), cl 5. Am 2022 (828), Sch 1.2[6]. |
Cl 7.12 | Ins 2019 (292), Sch 1 [2]. Rep 2023 (646), Sch 1[16]. |
Cl 7.13 | Ins 2019 (501), Sch 1[2]. Am 2022 (828), Sch 1.2[7]; 2025 (466), Sch 1[9]. |
Cl 7.14 | Ins 2021 (336), Sch 1[4]. |
Cl 7.15 | Ins 2022 (594), Sch 1. |
Cl 7.16 | Ins 2022 (594), Sch 1. |
Cl 7.17 | Ins 2023 (595), Sch 1. Am 2025 (466), Sch 1[10] [11]. |
Cl 7.18 | Ins 2024 (537), Sch 1[4]. |
Sch 1 | Am 2014 (625), cl 5; 2015 (5), cl 5 (1) (2); 2017 (194), cl 5; 2017 (391), cl 5; 2017 (619), cl 5 (1) (2); 2018 (488), Sch 1.2; 2019 (501), Sch 1[3]; 2019 (618), cl 5; 2020 (55), cl 5; 2020 (182), cl 4; 2020 (188), cl 5; 2020 (779), cl 5; 2022 (828), Sch 1.2[8] [9]; 2025 (466), Sch 1[12]. |
Sch 2 | Am 2014 (542), Sch 1 [2]–[5]; 2014 (816), cl 4 (1); 2018 (389), cl 4. |
Sch 4 | Am 2014 (435), cl 4; 2014 (436), cl 4 (1); 2016 (683), Sch 1 [1] [2]. |
Sch 5 | Am 2014 (272), Sch 1; 2015 (308), Sch 1 [4]–[19]; 2024 (299), Sch 1; 2025 (466), Sch 1[13]. |
Dictionary | Am 2014 (207), Sch 1; 2014 (436), cl 4 (2); 2014 (816), cl 4 (2); 2019 (501), Sch 1[4]; 2021 (225), Sch 1. |
Maps | Am 2013 (98), cl 4; 2013 (534), cl 4; 2013 (563), cl 4; 2013 (583), cl 4; 2013 (595), cl 4; 2014 (99), cl 4; 2014 (207), cl 4; 2014 (208), cl 4; 2014 (272), cl 4; 2014 (273), cl 4; 2014 (296), cl 4; 2014 (436); 2014 (514), cl 4; 2014 (542), cl 4; 2014 (625), cl 4; 2015 (5), cl 4; 2015 (27), cl 4; 2015 (308), cl 4; 2015 (481), cl 4; 2015 (485), cl 4; 2016 (683), cl 4; 2016 (701), cl 4; 2016 (756), cl 4; 2016 (782), cl 4; 2017 (44), cl 4; 2017 (86), cl 4; 2017 (194), cl 4; 2017 (391), cl 4; 2017 (619), cl 4; 2018 (26), cl 4; 2018 (38), cl 4; 2018 (451), cl 4; 2019 (63), cl 4; 2019 (292), cl 4; 2019 (501), cl 4; 2019 (575), cl 4; 2019 (618), cl 4; 2020 (55), cl 4; 2020 (188), cl 4; 2020 (779), cl 4; 2021 (64), cl 4; 2021 (215), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment. |
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