Bega Valley Local Environmental Plan 2002 (NSW)
This plan is Bega Valley Local Environmental Plan 2002.
This plan aims to establish the framework for future development within the local government area of Bega Valley and to achieve the following objectives—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to ensure a balanced approach to development which is sensitive to both the economic and social needs of the community,
(b) to protect and improve the economic, natural, social and cultural resources within the Council’s area,
(c) to encourage the efficient and effective delivery of services, and
(d) to recognise, protect and improve the inherent natural and built character of the Council’s area,
(e) to ensure that development has regard to the principles of ecologically sustainable development.
This plan applies to all land within the local government area of Bega Valley.
Bega Valley Local Environmental Plan 1987 is repealed.
The Council is the consent authority for the purposes of this plan, subject to the Act.
Development of minimal environmental impact listed as exempt development in Schedule 1 to Bega Valley Development Control Plan No 98—Exempt and Complying Development as adopted by the Council on 27 November 2001 is exempt development, despite any other provision of this plan.
Development listed as complying development in Schedule 2 to Bega Valley Development Control Plan No 98—Exempt and Complying Development as adopted by the Council on 27 November 2001 is complying development if—
(a) it is local development of a kind that can be carried out with consent on the land which it is proposed, and
(b) it is not an existing use, as defined in section 106 of the Act.
Development is exempt or complying development only if it complies with all development standards and other requirements applied to the development by the relevant provisions of the development control plan referred to in subclause (1) or (2).
A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Schedule 3 to Bega Valley Development Control Plan No 98—Exempt and Complying Development as in force when the certificate is issued.
Land is within one of the following zones if it is shown on the zoning map with the relevant lettering for the zone described below—
• Zone 1 (a) (Rural General Zone)—lettered 1 (a)
• Zone 1 (c) (Rural Small Holdings Zone)—lettered 1 (c)
• Zone 1 (f) (Rural Forestry Zone)—lettered 1 (f)
• Zone 2 (a) (Residential Low Density Zone)—lettered 2 (a)
• Zone 2 (b) (Residential Medium Density Zone)—lettered 2 (b)
• Zone 2 (c) (Residential Tourist Zone)—lettered 2 (c)
• Zone 2 (e) (Urban Zone)—lettered 2 (e)
• Zone 2 (f) (Future Urban Zone)—lettered 2 (f)
• Zone 2 (v) (Village Zone)—lettered 2 (v)
• Zone 3 (a) (General Business Zone)—lettered 3 (a)
• Zone 3 (b) (Special Business Zone)—lettered 3 (b)
• Zone 4 (a) (Industrial Zone)—lettered 4 (a)
• Zone 5 (a) (Special Uses Zone)—lettered 5 (a)
• Zone 6 (a) (Existing Open Space Zone)—lettered 6 (a)
• Zone 6 (c) (Private Open Space Zone)—lettered 6 (c)
• Zone 7 (b) (Environment Protection Foreshore Zone)—lettered 7 (b)
• Zone 7 (d) (Environment Protection General Zone)—lettered 7 (d)
• Zone 7 (f1) (Coastal Lands Protection Zone)—lettered 7 (f1)
• Zone 7 (f2) (Coastal Lands Acquisition Zone)—lettered 7 (f2)
• Zone 8 (National Parks and Nature Reserves Zone)—lettered 8
• Zone 9 (c) (Arterial Road Reservation Zone)—lettered 9 (c)
• Zone 9 (d) (Local Road Reservation Zone)—lettered 9 (d)
The objectives of a zone are set out in Parts 2–9 in the clause headed “General controls for development” for the zone under the heading “Objectives of the zone”.
Except as otherwise provided by this plan, for each zone specified in a “General controls for development” clause, the development that—
(a) may be carried out without development consent, and
(b) may be carried out only with development consent, and
(c) is prohibited,
is indicated in that clause under the headings “Allowed without development consent”, “Allowed only with development consent” and “Prohibited” respectively, appearing in the matter relating to the zone.
Consent must not be granted to development proposed within a zone unless the consent authority has taken into consideration such of the objectives of the zone as are relevant to the proposal and is satisfied that the development is consistent with those objectives.
In this plan—
(a) terms defined in the Dictionary at the end of this plan have the same meanings as are set out in the Dictionary, and
(b) a reference to a building, work or place used for a purpose includes a reference to a building, work or place proposed to be used for the purpose, and
(c) a reference to a map is a reference to a map kept in the office of the Council.
Notes in this plan do not form part of this plan.
This plan adopts Part 1 and clauses 5, 7, 8, 9, 10, 11, 12, 14, 24, 33 and 35 of, and Schedule 1 to, the Environmental Planning and Assessment Model Provisions 1980.
For the purposes of this plan, the Environmental Planning and Assessment Model Provisions 1980, shall be read as if clause 8 of Schedule 1 to those provisions extends to the widening of a road on land acquired by the Council for that purpose, despite anything to the contrary in that clause.
A development application—
(a) that relates to land to which this plan applies, and
(b) that was lodged before the appointed day, but was not finally determined before that day,
is to be determined as if the plan had been exhibited but had not been made.
A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 must be determined as if that policy had not commenced.
Land is within Zone 1 (a) (the Rural General Zone) if it is shown lettered 1 (a) on the zoning map.
The objectives of Zone 1 (a) are as follows—
(a) to encourage continued growth in the area’s rural economic base,
(b) to encourage other forms of development, including tourism, that are compatible with agricultural activities and do not create undesirable environmental and cultural impacts,
(c) to protect and conserve the productive potential of prime crop and pasture land,
(d) to maintain the scenic amenity and landscape quality of the area,
(e) to promote the protection, and the preservation and enhancement, of natural ecological systems and processes,
(f) to provide proper and coordinated use and protection of rivers, riparian corridors and water catchment areas,
(g) to promote the economic provision of services compatible with the nature and intensity of development and the character of the area,
(h) to ensure that development and management of the land has minimal impact on water quality and environmental flows of receiving waters,
(i) to maintain significant features of natural and cultural heritage.
Development for the purpose of—
• agriculture; environmental facilities; farm forestry.
Any development not included in subclause (3) or (5).
Development for the purpose of—
• advertisements not displaying how the land is lawfully used or directional information; boarding houses; brothels; bulk stores; bulky goods retail outlets; caretakers’ residences; commercial premises; detached dual occupancies; exhibition homes; granny flats; heavy industries; hostels; hotels; medical centres; motels; motor showrooms; multi unit housing; public buildings; recreation facilities; refreshment rooms; serviced apartments; sex shops; shops; warehouses.
Land is within Zone 1 (c) (the Rural Small Holdings Zone) if it is shown and lettered 1 (c) on the zoning map.
The objectives of Zone 1 (c) are as follows—
(a) to facilitate and provide rural residential development in appropriate locations, taking into account natural constraints and agricultural land,
(b) to maintain and enhance the character, amenity and landscape quality of rural residential areas,
(c) to control the intensity of rural residential development having regard to the physical limitations of the land and the costs and limitations of the provision of public amenities and services,
(d) to provide opportunities for an agricultural use of the land that is compatible with surrounding residential development.
Development for the purpose of—
• agriculture; environmental facilities.
Development for the purpose of—
• animal establishments; aquaculture; attached dual occupancies; bed and breakfast establishments; child care centres; clearing of land; community facilities; craft studios; detached dual occupancies; dwelling houses; educational establishments; farm forestry; granny flats; home businesses; home industries; intensive horticulture; places of public worship; professional consulting rooms; reception establishments; recreation areas; recreation establishments; retail plant nurseries; riding schools; tourist accommodation; utility installations; veterinary establishments.
Any development not included in subclause (3) or (4).
Land is within Zone 1 (f) (the Rural Forestry Zone) if it is shown lettered 1 (f) on the zoning map.
The objectives of Zone 1 (f) are as follows—
(a) to enable the continuance and expansion of forestry and development for associated purposes,
(b) to promote, encourage and facilitate the implementation of the principles of ecologically sustainable development as they relate to the activities undertaken within the zone,
(c) to maintain the scenic amenity and landscape quality of the area.
Development for the purpose of—
• agriculture; environmental facilities; picnic grounds; roads; any land use authorised by or under the Forestry Act 1916; utility installations.
Development for the purpose of—
• camp sites; extractive industries; mines; outdoor recreation.
Any development not included in subclause (3) or (4).
This clause applies to land within Zone 1 (a).
Consent may be granted to the creation of an allotment of any area for the purpose of agriculture.
However, consent must not be granted to the creation of an allotment for the purpose of agriculture if the allotment will have an area of less than 120 hectares and there will be a dwelling house on the allotment.
(Repealed)
Despite any other provision of this plan except this clause, consent must not be granted to the erection of a dwelling house on an allotment in Zone 1 (a) unless the land—
(a) comprises an allotment of not less than 120 hectares, or
(b) comprises an allotment created for the purpose of a dwelling house by a subdivision for which consent has been granted,
(c) comprises an allotment identified as the residue in a subdivision for which consent has been granted for the excision of allotments for the purpose of a dwelling house, or
(d) comprises an existing holding on which there is no other dwelling house and the consent authority is satisfied that—
(i) the land is of sufficient size and the soils are of appropriate quality for the effective on-site disposal of domestic waste, and
(ii) the erection of a dwelling house will not create or increase any demand for the uneconomic provision or upgrading of roads and other utilities to that land.
Notwithstanding any other provision of this clause, consent may be granted to the erection of a dwelling house on an allotment (including a portion of a Parish or a lot in a Crown plan) within Zone 1 (a) that was lawfully created prior to 7 January 1966 and that is not an existing holding if the consent authority is satisfied that—
(a) the erection of the dwelling house will not create any substantial conflict with the objectives of the zone, and
(b) the erection of a dwelling house will not create or increase demand for the uneconomic provision of services to the locality, and
(c) (Repealed)
(Repealed)
Consent may be granted to a development application made pursuant to subclause (2) for land within an existing holding that at 1 July 2000 was owned separately from any other land within the existing holding, even where that development application does not comply with one or more of paragraphs (d), (e), (f), (g), (h) and (l) of subclause (5) if a dwelling house was otherwise permissible on the land immediately prior to the commencement of this plan.
Consent must not be granted to the erection of a dwelling house pursuant to subclause (2) on any land unless the consent authority is satisfied that—
(a) the land has a suitable dwelling house site, and
(b) use of the land and the dwelling house will not adversely affect the economic viability of existing farmland, and
(c) the dwelling house will not be located near operational aspects of a farm, and
(d) the land is located outside areas designated as Class 1 or 2 in the New South Wales Department of Agriculture’s “Agricultural Land Classification Atlas, Far South Coast Region New South Wales” dated August 1986, and
(e) the land is not part of an inholding within a national park within the meaning of the National Parks and Wildlife Act 1974, and
(f) the dwelling house will not be located within 100m of the boundary of a national park or nature reserve within the meaning of the National Parks and Wildlife Act 1974, and
(g) the dwelling house has legal and practical access to an existing Council-maintained public road, and
(h) use of the land and the dwelling house will not create a need for any additional access onto a State highway or an arterial road, and
(i) the dwelling house will be located outside any areas of bushfire hazard identified by the Council, and
(j) the dwelling house is to be serviced by existing electricity reticulation or short extensions from the existing reticulation network, or utilises alternative stand-alone electric power systems, and
(k) the land has soils suitable for on-site sewage management disposal, and
(l) the land does not contain or adjoin perennial streams and does not have access by easement for drawing water from perennial streams, and
(m) the dwelling house and its use will not adversely affect important features of cultural or natural heritage nor disrupt regional ecological systems or processes.
Nothing in subclause (1) shall prevent the erection of a dwelling house on land in Zone 1 (a) on which another dwelling house has been lawfully erected if the first mentioned dwelling house is intended to replace the other dwelling house and is not to be occupied until the other dwelling house is demolished or its occupation has permanently ceased.
Despite any other provision of this plan, consent may be granted to the erection of a dwelling house on an allotment in Zone 1 (a) resulting from a minor boundary adjustment, consolidation, road widening or acquisition for a public purpose or a combination of these where the consent authority is satisfied that the allotment is substantially the same as the allotment that existed immediately prior to the minor boundary adjustment, consolidation, road widening or acquisition for a public purpose and the erection of a dwelling house would be permissible on that former allotment under this clause.
In this subclause,
(a) that does not result in the creation of any additional number of allotments, and
(b) that the consent authority is satisfied is of a minor nature and will not result in any significant adverse environmental effect.
In considering whether to grant consent to a development application made pursuant to subclause (6) or (7), the consent authority must have regard to the matters for consideration listed in subclause (5).
Consent may be granted to the erection of a second dwelling house on any allotment in Zone 1 (a) on which a dwelling house may be erected under this clause, subject to the following—
(a) compliance with all requirements under this plan that would apply if only one dwelling house was proposed to be erected on the allotment, and
(b) the development resulting in not more than two dwellings on the allotment, and
(c) the land not being used for an ecotourism facility or tourist accommodation.
An allotment in Zone 1 (a) containing more than one dwelling house shall not be subdivided except in conformity with clause 15.
The amendment of this plan by the State Environmental Planning Policy (Rural Lands) 2008 does not affect any entitlement arising under a provision of this plan (as in force before that amendment) to erect a dwelling house on a lot, if—
(a) the lot was created before that commencement, or
(b) development consent to the creation of the lot was applied for, or granted, before that commencement.
This clause applies to land in Zone 1 (a).
Consent may be granted to the subdivision of land to create an allotment that, in the opinion of the consent authority, is intended to be used for a purpose other than agriculture or a dwelling house provided that—
(a) none of the land to be subdivided is prime crop and pasture land, and
(b) the area of each allotment to be created by the subdivision is appropriate having regard to the purpose for which it is being created, and
(c) the purpose for which the allotment is to be used involves the supply of goods or services for which there is a demand in the locality, and
(d) the proposed use of the allotment is consistent with the objectives of the zone.
Clause 9 of the State Environmental Planning Policy (Rural Lands) 2008 enables subdivision of lots smaller than allowed by this plan for the purposes of primary production.
Consent must not be granted to a subdivision of land within Zone 1 (c) which creates allotments intended to be used for the erection of dwelling houses, if the proposed allotments will have an area of less than 5,000 square metres.
Before granting consent to the subdivision of land within Zone 1 (c) the consent authority must assess whether the size of each proposed allotment is appropriate. The following matters must be taken into consideration—
(a) the ability of the land to accommodate on-site disposal of household waste water,
(b) the standard and capacity of public roads serving the land, having regard to the likely volume of traffic to be generated as a consequence of the density of the subdivision and the means available to improve roads to a standard appropriate to the level of traffic likely to be generated,
(c) the availability of other utility services and social services, having regard to the likely demand for those services and the costs of their provision,
(d) the size of the proposed allotments having regard to the desirable sequence of development of land within Zone 1 (c),
(e) the likely impact the development will have on other land and, in particular, on land located between the land to be subdivided and major public roads and utility services,
(f) the nature and topography of the land having regard to the density of subdivision,
(g) the desirability of maintaining a low density of development in the primary catchment areas of lakes and waterways, areas of relatively high agricultural production potential or other areas where intensive subdivision may create a significant risk of soil erosion or pollution of the environment,
(h) the desirability of providing a range and mix of allotment sizes,
(i) the need to maintain a semi-rural character in the area, and
(j) the purpose for which the land is to be used after subdivision.
In considering the design of a proposed subdivision of land within Zone 1 (c), the consent authority must have regard to—
(a) where the land may, in the opinion of the consent authority, be suitable for long-term urban development, whether the subdivision has been designed to facilitate its possible future resubdivision, and
(b) the necessity for and ability to construct a dam on each proposed allotment, and
(c) whether the subdivision will enable the subsequent erection of dwelling houses in a manner that appropriately relates dwellings to each other and to the topography of the land, and
(d) the risk of bushfires, and
(e) the extent to which the layout and orientation of allotments and the subsequent siting of dwelling houses on those allotments will minimise potential visual, nuisance or other conflicts related to existing and potential development on land in an adjoining zone, and
(f) features of cultural and natural heritage and landscape elements that are important for maintaining functioning ecological systems.
Consent must not be granted to the subdivision of land within Zone 1 (c) which has frontage to an arterial road unless vehicular access to each proposed allotment is provided by a road other than the arterial road, except where—
(a) an existing vehicular access point to the arterial road is able to be retained or relocated to serve no more than 2 proposed allotments, or
(b) it is unreasonable or impracticable to provide alternative access, and,
in either case, vehicular access points are located and designed so as to minimise potential traffic hazards.
A person shall not erect a dwelling house on land within Zone 1 (c) having an area of less than 5,000 square metres.
Consent must not be granted to the subdivision of attached or detached dual occupancy development within Zone 1 (c).
Land is within Zone 2 (a) (the Residential Low Density Zone) if it is shown lettered 2 (a) on the zoning map.
The objectives of Zone 2 (a) are as follows—
(a) to allow residential development, including dwelling houses and attached dual occupancies,
(b) to maintain and enhance the character of residential areas, to promote good design,
(c) to enable development which serves the needs of people in the residential areas,
(d) to ensure that development does not have an unacceptable impact on adjoining land, by way of shadowing, invasion of privacy, noise and the like.
Development for the purpose of—
• environmental facilities.
Development for the purpose of—
• attached dual occupancies; bed and breakfast establishments; boarding houses; child care centres; clearing of land; community centres; convenience stores; dwelling houses; educational establishments; exhibition homes; granny flats; home businesses; home industries; hospitals; hostels; housing for older people or people with a disability; places of public worship; professional consulting rooms; recreation areas; utility installations.
Any development not included in subclause (3) or (4).
Land is within Zone 2 (b) (the Residential Medium Density Zone) if it is shown lettered 2 (b) on the zoning map.
The objectives of Zone 2 (b) are as follows—
(a) to recognise land suitable to accommodate a range of residential densities and a variety of medium density housing styles,
(b) to encourage innovative and environmentally sustainable design and development of medium density housing which protects and enhances the streetscape,
(c) to provide for other forms of development which may appropriately be located in the zone,
(d) to ensure non-residential development is of a type, scale and character which will maintain an acceptable level of residential amenity.
Development for the purpose of—
• environmental facilities.
Development for the purpose of—
• bed and breakfast establishments; boarding houses; child care centres; clearing of land; community centres; convenience stores; dwelling houses; educational establishments; exhibition homes; granny flats; guest houses; home businesses; home industries; hospitals; hostels; housing for older people or people with a disability; motels; multi unit housing; places of public worship; professional consulting rooms; recreation areas; serviced apartments; utility installations.
Any development not included in subclause (3) or (4).
Land is within Zone 2 (c) (the Residential Tourist Zone) if it is shown lettered 2 (c) on the zoning map.
The objectives of Zone 2 (c) are as follows—
(a) to provide for a variety of development opportunities intended to accommodate tourists, visitors and residents alike, and
(b) to ensure that the scale and function of tourist development is appropriate in the context of the form of development which might otherwise occur in the zone,
(c) to ensure that tourist development does not significantly adversely impact on the amenity of residential areas in adjacent zones and is of a scale appropriate to the need for that development.
Development for the purpose of—
• environmental facilities.
Development for the purpose of—
• advertisements; backpackers’ hostels; bed and breakfast establishments; boarding houses; caravan parks; child care centres; clearing of land; clubs; community facilities; convenience stores; dwelling houses; ecotourism facilities; entertainment establishments; granny flats; guest houses; home businesses; home industries; hostels; kiosks; marine service centres; multi unit housing; outdoor recreation; places of public worship; professional consulting rooms; reception establishments; recreation areas; recreation facilities; refreshment rooms; service stations; serviced apartments; shops and business premises to service other development permitted in this zone; tourist accommodation; utility installations.
Any development not included in subclause (3) or (4).
Land is within Zone 2 (e) (the Urban Zone) if it is shown lettered 2 (e) on the zoning map.
The objectives of Zone 2 (e) are as follows—
(a) to provide a flexible framework for future development within and adjoining the Eden urban area,
(b) to allow a range of land uses within the town to stimulate the local economy without reducing the amenity or changing the character of the Eden urban area,
(c) to provide for a range of housing opportunities appropriate in context and location of the Eden urban area.
Development for the purpose of—
• environmental facilities.
Any development not included in subclause (3) or (5).
Development for the purpose of—
• abattoirs; animal establishments; brothels; caretakers’ residences; extractive industries; hazardous industries; institutions; intensive livestock keeping establishments; junkyards; mines; offensive industries; sex shops; stock and sale yards.
Land is within Zone 2 (f) (the Future Urban Zone) if it is shown lettered 2 (f) on the zoning map.
The objectives of Zone 2 (f) are as follows—
(a) to identify land which is to be investigated in respect to its suitability for rezoning at a later date for urban purposes,
(b) to ensure that development within the zone is compatible with the anticipated urban development of the land,
(c) to ensure that development does not create unreasonable or uneconomic demands, or both, for provision or extension of public amenities or services.
Nil.
Development for the purpose of—
• animal establishments; bed and breakfast establishments; child care centres; clearing of land; community facilities; granny flats; dwelling houses; educational establishments; farm forestry; home businesses; home industries; places of public worship; plant nurseries; reception establishments; recreation areas; utility installations.
Any development not included in subclause (4).
Land is within Zone 2 (v) (the Village Zone) if it is shown lettered 2 (v) on the zoning map.
The objectives of Zone 2 (v) are as follows—
(a) to recognise the existing villages and allow for future development of a residential nature, in relation to existing levels of services,
(b) to ensure that development does not create unreasonable or uneconomic demands for the provision or extension of services or public amenities,
(c) to ensure future development does not impact on or restrict existing development in the area,
(d) to ensure the existing village character of the area is maintained,
(e) to provide for a reasonable range of activities to be carried out,
(f) to ensure development does not adversely impact on the environment.
Development for the purpose of—
• agriculture; environmental facilities.
Any development not included in subclause (3) or (5).
Development for the purpose of—
• abattoirs; animal establishments; brothels; caretakers’ residences; extractive industries; hazardous industries; heliports; intensive livestock keeping establishments; junkyards; liquid fuel depots; mines; multi unit housing; offensive industries; sex shops; stock and sale yards.
Consent must not granted to subdivision of land within Zone 2 (a), 2 (b), 2 (c), 2 (e) or 2 (v) to create an allotment which, in the opinion of the consent authority, is intended to be used for the purpose of a dwelling house unless the allotment will have a minimum area (excluding any access handle or right of way) of—
(a) 550m
2 if a sewered lot, or(b) 2,000m
2 if an unsewered lot.
However, consent may be granted for such an unsewered lot only where it can be shown by a site study that the proposed allotment will be reasonably capable of disposing of on-site sewage effluent without nuisance or any likely pollution of surface or subsurface water.
Notwithstanding subclause (1), land within Zone 2 (a) shown hatched black on the zoning map, shall not be subdivided unless each proposed allotment has an area of 2,000m
A dwelling house shall not be erected on an allotment of land referred to in subclause (1) or (2) unless the allotment has an area not less than that shown on the zoning map as applying to the proposed allotment, or the allotment was or is created for the purposes of a dwelling house in accordance with a consent granted before the appointed day.
Notwithstanding subclause (1), consent may be granted to a subdivision of land or buildings containing two or more dwellings erected with development consent so that each dwelling has a separate title.
A person shall not erect a dwelling house or multi unit housing on land within a zone specified in the Table to this clause unless—
(a) the allotment on which the dwelling house or housing is proposed to be erected has a site area of not less than the minimum site area for each dwelling specified in the Table in respect of the type of housing and zone concerned, and
(b) the ratio of the gross floor area of the dwelling house or housing to the site area of the allotment does not exceed the ratio identified in that Table for the relevant zone.
In all cases the minimum landscaped area for dwelling houses, and for an attached dual occupancy and other multi unit housing is 35% of the total site area.
Notwithstanding subclause (1), a person shall not erect a dwelling house or attached dual occupancy on unsewered land within a zone specified in the Table to the clause unless the Council is satisfied that the proposed allotment will be reasonably capable of disposing of on-site sewage effluent without nuisance or any likely pollution of surface or subsurface water.
A person shall not erect multi unit housing on unsewered land within any zone.
Despite any other provision of this plan, consent may be granted to the erection of a detached dual occupancy on land identified in Schedule 1.
Table
Type of housing | Zone | Minimum site area per dwelling | Floor space ratio |
Dwelling house | 2 (a), 2 (b), 2 (c), 2 (e), 2 (f) or 2 (v) | 550m | 0.5:1 |
Attached dual occupancy | 2 (a) or 2 (v) | 275m | 0.5:1 |
Multi unit housing (other than attached dual occupancy in Zone 2 (a) or 2 (v)) | 2 (b), 2 (c) or 2 (e) | 200m | 0.5:1 |
This clause applies to all land within Zone 2 (e).
Before granting consent for development on land to which this clause applies, the consent authority shall have regard to—
(a) where the land adjoins other land used for residential purposes, the manner in which the development relates to the residential development on the other land and to the maintenance and enhancement of the existing residential character and amenity, and
(b) where the proposed development is for retail or commercial purposes, the manner in which it supports the role and structure of the Eden town centre and its convenience to the community, and
(c) where appropriate, the likely consequences of the proposed development for the provision of industrial development opportunities in the area, and
(d) where the land is, according to information available to the Council, affected by flooding, whether the proposed development involves a risk to life or property in the event of a flood and whether it is likely to aggravate the effects of flooding on other land, and
(e) whether the proposed development is likely to create a traffic hazard or reduce the traffic-carrying efficiency of a road, particularly an arterial road, and
(f) the extent to which the proposed development complements and enhances the existing character of the town of Eden.
Consent must not be granted to development on land to which this clause applies that adjoins or is adjacent to other land that is used or is to be used for residential purposes unless the consent authority is satisfied that—
(a) the elevation of any building has been designed to be compatible with residential development or the building will be suitably screened, and
(b) the development will allow a reasonable amount of sunlight to reach residential buildings and land used as private recreational open space between the hours of 9 am and 3 pm during the winter solstice, and
(c) noise from fixed sources or motor vehicles associated with the development will be effectively insulated or otherwise minimised, and
(d) the development will not otherwise cause nuisance to residents, by way of traffic movement, parking, headlight glare, security lighting or the like, and
(e) windows facing residential areas will be treated to avoid overlooking of private yard space or of windows in residences.
Consent must not be granted to development on land to which this clause applies for the purpose of an industry unless the consent authority is satisfied that—
(a) the industry will be sufficiently separated from residential development to minimise any nuisance, and
(b) the industry will not detract from residential amenity by way of noise, odours, waste, appearance, hours of operation or traffic, or otherwise.
Consent must not be granted to any development on land to which this clause applies which has a covering of native vegetation or is otherwise in its natural state unless the consent authority is satisfied that—
(a) any removal of vegetation necessitated by the development will be minimised, and
(b) the landscaping proposed will have the effect of minimising the visual impact of the development, and
(c) such other measures as may be considered appropriate by the consent authority will be taken to minimise the effect of the development on the existing character of the area.
Where land to which this clause applies contains or is likely to contain Aboriginal archaeological relics (on the basis of information available to the Council), consent must not be granted to development on the land unless the consent authority is satisfied that appropriate action has been taken to identify and protect such relics.
Consent must not be granted to any habitable building on land to which this clause applies which is not able to be connected to reticulated sewerage and water services unless appropriate arrangements are or have been made for—
(a) the provision of a water supply of adequate quantity and quality for the needs of the development, and
(b) the provision of sewage disposal facilities which—
(i) have adequate capacity to meet peak demand, and
(ii) will ensure that the quality of downstream water is maintained, particularly in relation to marine ecosystems in Twofold Bay, Lake Curalo and Cocora Lagoon.
Consent may be granted to development of land within Zone 2 (f) only where the consent authority is satisfied that—
(a) the development is designed in a manner which is unlikely to prejudice the possible future subdivision and development of the land, or other land in the vicinity, for urban purposes, and
(b) any proposed buildings will be of a suitable size and shape for the purposes for which they are intended to be used.
Consent may be granted for development of land within Zone 2 (f) only after the consent authority has considered whether the development will create a demand for the uneconomic provision or upgrading of services to the land by the Council.
Consent may be granted to a subdivision of land within Zone 2 (f) that is intended to create an allotment around the curtilage of an existing dwelling house or other building and to enable the residue of the land to be made available for future urban development.
Consent may be granted for the erection of a dwelling house on an allotment of land created by a subdivision in accordance with this clause or on an existing allotment within Zone 2 (f) where the consent authority is satisfied that the siting of the dwelling house is unlikely to prejudice the future urban development of the land and other land in the vicinity.
Land is within Zone 3 (a) (the General Business Zone) if it is shown lettered 3 (a) on the zoning map.
The objectives of Zone 3 (a) are as follows—
(a) to encourage a high standard of commercial development, create compact business centres which service the population and visitors and facilitate the expansion of business activities in appropriate locations,
(b) to set aside certain land for the provision of services required by the travelling public for the development of facilities for refreshment, accommodation, recreation and amusement,
(c) to permit non-commercial development where such development complements the intended commercial character of the locality, including dwellings attached to commercial development.
Development for the purpose of—
• environmental facilities.
Development for the purpose of—
• advertisements; business premises; car parks; child care centres; clearing of land; clubs; commercial premises; community facilities; convenience stores; dwelling houses attached to commercial premises and/or shops; educational establishments; entertainment establishments; granny flats; hospitals; hotels; kiosks; medical centres; motels; motor showrooms; multi unit housing if not at street level (other than the entry and the like); places of public worship; plant depots; plant hire; professional consulting rooms; public buildings; reception establishments; recreation areas; recreation facilities; refreshment rooms; research facilities; retail plant nurseries; service stations; shops; transport depots; transport terminals; utility installations; vehicle repair stations; veterinary establishments.
Any development not included in subclause (3) or (4).
Land is within Zone 3 (b) (the Special Business Zone) if it is shown lettered 3 (b) on the zoning map.
The objectives of Zone 3 (b) are as follows—
(a) to provide a specialist area for a range of retailing activities which have a similar location and access requirements,
(b) to ensure there is suitable vehicle access for both customers and delivery vehicles and adequate provision of car parking,
(c) to ensure development in the zone is of a high standard of design,
(d) to provide for office premises and certain other non-retail purposes where they will not detrimentally affect the role of any other zone.
Development for the purpose of—
• environmental facilities.
Development for the purpose of—
• abattoirs; advertisements; brothels; bulky good retail outlets; clearing of land; clubs; commercial premises; community centres; educational establishments; entertainment establishments; hospitals; hotels; light industries; marine service centres; motels; motor showrooms; places of public worship; public buildings; recreation facilities; recreational establishments; refreshment rooms; research establishments; retail plant nurseries; sawmills; service stations; sex shops; shops ancillary to an otherwise permitted use; transport terminals; vehicle repair stations; warehouses.
Any development not included in subclause (3) or (4).
Land is within Zone 4 (a) (the Industrial Zone) if it is shown lettered 4 (a) on the zoning map.
The objectives of Zone 4 (a) are as follows—
(a) to allocate sufficient land in suitable locations to facilitate and promote the establishment of a broad range of industrial and related uses,
(b) to allow other forms of development where they are associated with or ancillary to industrial uses on the site,
(c) to ensure that development does not adversely impact on the environment,
(d) to ensure that development does not create an unreasonable or uneconomic demand for services.
Development for the purpose of—
• environmental facilities.
Development for the purpose of—
• advertisements; brothels; bulk stores; bulky goods retailing outlets; caretakers’ residences; clearing of land; community facilities; hazardous industries; heavy industries; industries; junkyards; motor showrooms; offensive industries; panel beating workshops; plant depots; plant hire; public buildings; recreation facilities (indoor only); service stations; sex shops; shops ancillary to another permitted use; technology centres; timber yards; transport depots; transport terminals; vehicle repair stations; utility installations; veterinary establishments; warehouses.
Any development not included in subclause (3) or (4).
Consent must not be granted to the carrying out of development for the purpose of bulky goods retail outlets in Zone 3 (b) or 4 (a) unless consideration has been given to the following—
(a) whether the proposed development will detrimentally affect existing or future industrial development within the zone in which the land concerned is situated and whether this impact is acceptable, and
(b) whether the number of retail outlets that exist or are proposed on land within Zone 4 (a) detract from the predominantly industrial nature of the zone.
Consent must not be granted to the carrying out of development for the purpose of a brothel or sex shop unless the consent authority has considered the following—
(a) whether the brothel or sex shop is operating near or within view from a place of public worship, hospital or school or any place regularly frequented by children for recreational or cultural activities,
(b) whether the brothel or sex shop would have an adverse impact on the amenity in the neighbourhood when taking into account other brothels or sex shops operating in the neighbourhood or other land uses within the neighbourhood involving similar hours of operation and creating similar amounts of noise and vehicular and pedestrian traffic,
(c) whether the brothel or sex shop will have suitable access,
(d) whether the brothel or sex shop will alter the character of the neighbourhood.
Consent must not be granted to the carrying out of any development allowed within Zone 4 (a), other than for the purpose of light industry, on or with respect to land within Zone 4 (a) which adjoins or is adjacent to land within a residential zone, unless the consent authority has made an assessment of the likely impact of the development on the residential amenity of the land within the residential zone.
Subject to subclause (1), consent may be granted to any development on land within Zone 4 (a) which by virtue of its nature, the services provided, or the products produced, distributed or sold, in the opinion of the Council, is appropriately located on land within Zone 4 (a).
A person shall not subdivide land in a business or industrial zone except with development consent.
Consent may be granted to a subdivision of land within a business or industrial zone only if each allotment to be created by the proposed subdivision will be of a size and will have a ratio of depth to frontage, that the consent authority considers appropriate—
(a) having regard to the purpose for which the allotment is intended to be used, or
(b) to facilitate future business or industrial development of the land.
Land within Zone 5 (a) (the Special Uses Zone) if it is shown lettered 5 (a) on the zoning map.
The objectives of Zone 5 (a) are as follows—
(a) to recognise existing public land uses and enable their continued operation, growth and expansion to accommodate associated, ancillary or otherwise related use,
(b) to restrict land uses that may conflict with, or adversely affect, the intended use of land required for public purposes.
Development for the purpose of—
• environmental facilities.
Development for the purpose of—
• advertisements associated with the use of the land; car parks; clearing of land; community facilities; educational establishments; kiosks; places of public worship; public buildings; recreation areas; the particular land use specified on the zoning map; utility installations.
Any development not included in subclause (3) or (4).
Land is within Zone 6 (a) (the Existing Open Space Zone) if it is shown lettered 6 (a) on the zoning map.
The objectives of Zone 6 (a) are as follows—
(a) to recognise the importance of land in the zone as open space and allow a limited range of uses compatible with the keeping of the land as open space and in public ownership,
(b) to permit a range of uses, especially recreational uses, where those uses comply with the plan of management for the land,
(c) to ensure that development in areas of environmental significance does not reduce that significance.
Development for the purpose of—
• environmental facilities; works ordinarily incidental or ancillary to gardening or landscaping.
Development for the purpose of—
• buildings ordinarily incidental or ancillary to gardening, landscaping or recreation; child care centres; clearing of land; community facilities; kiosks; markets; outdoor recreation; racecourses; recreation areas; recreation facilities; showgrounds; utility installations.
Any development not included in subclause (3) or (4).
Land is within Zone 6 (c) (the Private Open Space Zone) if it is shown lettered 6 (c) on the zoning map.
The objective of Zone 6 (c) is to recognise and provide for major recreational uses carried out on land not owned by a public authority.
Development for the purpose of—
• environmental facilities; works ordinarily incidental or ancillary to landscaping or gardening.
Development for the purpose of—
• buildings ordinarily incidental or ancillary to landscaping, gardening or recreation; caravan parks; clearing of land; camp sites; clubs; kiosks; picnic grounds; outdoor recreation; recreation areas; recreation facilities; refreshment rooms; tourist accommodation; utility installations.
Any development not included in subclause (3) or (4).
Consent must not be granted to the carrying out of development on land within Zone 6 (a), unless the consent authority has considered—
(a) the need for the proposed development on that land, and
(b) the impact of the proposed development on the existing or likely future use of the land, and
(c) the need to retain the land for its existing or likely future use.
Consent must not be granted to the subdivision of land of which any land within Zone 6 (a) forms part, unless the land within Zone 6 (a) is included in the plan of subdivision as a proposed separate allotment.
Notwithstanding subclause (2), where the topography of the land to be subdivided makes it necessary, consent may be granted to allow registration of a plan of subdivision in which the boundaries of an allotment referred to in that subclause do not correspond precisely with the boundaries of the land within Zone 6 (a) as shown on the zoning map, but which depart from those boundaries only to a minor extent.
The owner of any land within Zone 6 (a) may, by notice in writing, request the Council to acquire that land.
On receipt of such a notice, the Council must acquire the land
Until the land is acquired, a person may, with the consent of the Council, carry out development on land within Zone 6 (a)—
(a) for a purpose for which development may be carried out on land in an adjoining zone, or
(b) for any other purpose which is compatible with development which may be carried out on land in an adjoining zone.
The Council shall not grant consent to a development application to which subclause (3) applies unless it has considered—
(a) the need for the proposed development on that land, and
(b) the effect of the proposed development on the costs of acquisition of the land, and
(c) the imminence of the acquisition, and
(d) the likely impact of the proposed development on—
(i) the environment, and
(ii) the proposed future use of the land for open space, and
(iii) the amenity of adjoining property owners or residents.
The Council may, in granting consent in accordance with subclause (3), require—
(a) the removal of structures for which it has granted consent, and
(b) the re-instatement of the land and the removal of any waste materials or refuse at such time as the land is acquired for open space.
Despite any other provision in this plan, development may be carried out on land within Zone 6 (a) with development consent if it is identified for the land in a plan of management adopted by the Council under the Local Government Act 1993 or Crown Land Management Act 2016.
Land is within Zone 7 (b) (the Environment Protection Foreshore Zone) if it is shown lettered 7 (b) on the zoning map.
The objectives of Zone 7 (b) are as follows—
(a) to identify, protect and enhance areas of the foreshore and wetlands having significant natural attributes or cultural conservation value,
(b) to ensure the development of foreshore activities and facilities does not adversely impact on any significant natural or cultural conservation value of the foreshore land or adjoining waterbody.
Development for the purpose of—
• environmental facilities.
Development for the purpose of—
• agriculture; aquaculture; buildings or works associated with aquaculture; clearing of land; moorings; picnic grounds; utility installations; water recreation.
Any development not included in subclause (3) or (4).
Land is within Zone 7 (d) (the Environment Protection General Zone) if it is shown lettered 7 (d) on the zoning map.
The objectives of Zone 7 (d) are as follows—
(a) to protect and conserve important elements of the natural environment, including bushland, significant areas of natural vegetation, water catchment areas and wildlife habitats and corridors,
(b) to encourage development compatible with and sympathetic to the conservation of the natural environment and based on principles of ecologically sustainable development,
(c) to maintain the visual character of the coastal landscapes, hillscapes and ridgelines,
(d) to protect threatened ecological communities or threatened species and their habitats,
(e) to protect areas of high biodiversity value,
(f) to strictly control any reduction of important natural areas,
(g) to ensure that development in the zone on land adjoining land in Zones 7 (b), 7 (f1), 7 (f2) and 8 is compatible with the management objectives for that land.
Development for the purpose of—
• environmental facilities.
Development for the purpose of—
• agriculture; bed and breakfast establishments; camp sites; clearing of land; dwelling houses; ecotourism facilities; kiosks; picnic grounds; recreation areas; utility installations.
Any development not included in subclause (3) or (4).
Land is within Zone 7 (f1) (the Coastal Lands Protection Zone) if it is shown lettered 7 (f1) on the zoning map.
The objectives of Zone 7 (f1) are as follows—
(a) to identify, protect and enhance environmentally sensitive and scenic coastal land,
(b) to safeguard sections of the coast which are significantly tourist and recreation areas and to permit only environmentally and aesthetically sensitive development,
(c) to regulate development so that it does not adversely affect and is not adversely affected by, coastal processes in both the short and long term.
Development for the purpose of—
• environmental facilities.
Development for the purpose of—
• agriculture; animal establishments; aquaculture; bed and breakfast establishments; camping grounds; clearing of land; dwelling houses; ecotourism facilities; home businesses; home industries; utility installations.
Any development not included in subclause (3) or (4).
Land is within Zone 7 (f2) (the Coastal Lands Acquisition Zone) if it is shown lettered 7 (f2) on the zoning map.
The objectives of Zone 7 (f2) are as follows—
(a) to protect and enhance the natural values of prominent coastal lands which are generally undeveloped and which provide aesthetic and recreational opportunities for the public,
(b) to allow development only where—
(i) it can be demonstrated that it can be carried out in a manner that does not detract from the scenic quality of such land, and
(ii) it is unlikely to prejudice proposals for the acquisition of such land.
Nil.
Development for the purpose of—
• agriculture; animal establishments; buildings associated with agriculture; clearing of land; environmental facilities; utility installations.
Any development not included in subclause (4).
Consent must not be granted to the subdivision of land within Zone 7 (d), 7 (f1) or 7 (f2) unless each allotment to be created has an area of not less than 40 hectares.
Despite any other provision of this plan, consent must not be granted to the erection of a dwelling house on an allotment within Zone 7 (d) or 7 (f1) unless the land—
(a) comprises an allotment of not less than 40 hectares, or
(b) comprises an allotment created for the purpose of a dwelling house by a subdivision pursuant to a consent granted prior to the appointed day.
Consent must not be granted to the carrying out of development on land within Zone 7 (d) for the purpose of ecotourism facilities unless the consent authority is satisfied that—
(a) no part of the development will visually dominate the natural landscape when viewed from roads, public places and residential areas, and
(b) no part of the development will result in the destruction of features of natural or cultural heritage significance, and
(c) the development complies with the following requirements—
(i) any development site must be no larger than 4 hectares, with at least 25% of the site’s open space remaining forested and the site must be separated from other sites by at least 50 metres of forested open space,
(ii) all buildings must be sited below ridgelines and hillcrests and at a downslope distance sufficient to ensure that rooftops do not intrude on the skyline,
(iii) all buildings must be single storey structures,
(iv) all buildings must be screened from outside view by on-site plantings and plant species should be the same, or closely related to, those found naturally in the vicinity of the site.
Consent must not be granted to development for the purpose of ecotourism facilities on land within Zone 7 (d) unless the consent authority has considered—
(a) a visual analysis of the proposed development from major viewpoints in the locality, and
(b) a detailed landscape planting plan identifying proposed plant species and their projected height, and site preparation methods proposed to be implemented in conjunction with the development.
Development for the purpose of caravan parks is prohibited on land within Zone 7 (d).
(Repealed)
Consent must not be granted to the carrying out of development (including the clearing of land) within Zone 7 (f1) or 7 (f2) unless the consent authority has taken into consideration—
(a) the extent to which the development would affect the scenic qualities of the coastal landscape, headlands, dune systems and areas where the original vegetation is still dominant, and
(b) whether the development would result in the degradation of, or restriction of access to, coastal recreation areas, and
(c) any plan, policy or design adopted by resolution of the Coastal Council of New South Wales for the purpose of protecting coastal lands, and
(d) in the case of land within Zone 7 (f2), the imminence of acquisition of the land, and
(e) the objects of the Environmental Planning and Assessment Act 1979, and
(f) the potential impacts of climate change including sea level rise.
The owner of land within Zone 7 (f2) may, by notice in writing, require the corporation to acquire the land.
On receipt of such a notice, the corporation shall acquire the land.
Land is within Zone 8 (the National Parks and Nature Reserves Zone) if it is shown lettered 8 on the zoning map.
The objective of Zone 8 is to identify, preserve and manage national parks and nature reserves for conservation and recreational purposes and to provide for their continued management under the National Parks and Wildlife Act 1974.
Any development carried out by or on behalf of the National Parks and Wildlife Service under the National Parks and Wildlife Act 1974.
Nil.
Any development not included in subclause (3).
Land is within Zone 9 (c) (the Arterial Road Reservation Zone) if it is shown lettered 9 (c) on the zoning map.
The objectives of Zone 9 (c) are as follows—
(a) to provide for the acquisition and development of land principally for arterial roads,
(b) to provide for other land uses if they do not affect the usefulness of the land for the purposes for which it is zoned.
Development for the purpose of—
• arterial roads; arterial road widening.
Development for the purpose of—
• clearing of land; utility installations.
Any development not included in subclause (3) or (4).
Land is within Zone 9 (d) (the Local Road Reservation Zone) if it is shown lettered 9 (d) on the zoning map.
The objectives of Zone 9 (d) are as follows—
(a) to provide for the acquisition and development of land principally for local roads,
(b) to provide for other land uses if they do not affect the usefulness of the land for the purposes for which it is zoned.
Development for the purpose of—
• local roads; local road widening.
Development for the purpose of—
• clearing of land; utility installations.
Any development not included in subclause (3) or (4).
Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
The owner of any land within Zone 9 (c) may, by notice in writing, require the Roads and Traffic Authority (
On receipt of such a notice, the RTA must acquire the land if—
(a) the land is vacant, or
(b) the land is not vacant but—
(i) the land is included in the 5-year works program of the RTA current at the time of the receipt of the notice, or
(ii) the RTA has decided not to give concurrence required by subclause (3) to an application for consent to the carrying out of development on the land, or
(iii) the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable period of time,
but the RTA is not required to acquire the land if it might reasonably be required to be dedicated for public road.
A person may, with development consent, carry out development on land within Zone 9 (c) if—
(a) the development may be carried out on land in an adjoining zone, or
(b) the development is compatible with development which may be carried out on land in an adjoining zone.
(Repealed)
Land acquired under this clause may be developed, with development consent, for any purpose, until such time as it is required for the purpose for which it was acquired.
In this clause—
The owner of land within Zone 9 (d) may, by notice in writing, require the Council to acquire the land. On receipt of such a notice, the Council shall acquire the land.
Despite any other provision of this plan, until it is acquired, land within Zone 9 (d) may be developed with development consent if—
(a) the development may be carried out on land in an adjoining zone, or
(b) the development is compatible with development that may be carried out on land in an adjoining zone.
Conditions may be imposed on such a consent requiring—
(a) the removal of any building or work for which consent is granted, and
(b) the reinstatement of the land or removal of any waste materials or refuse.
The aims of this plan in relation to heritage are—
(a) to conserve the environmental heritage of the local government area of Bega Valley,
(b) to conserve the heritage significance of existing significant fabric, relics, settings, and views associated with the heritage significance of heritage items,
(c) to allow for the protection of places which have the potential to have heritage significance but are not identified as heritage items,
(d) to integrate heritage conservation into the planning and development control processes,
(e) to provide for public involvement in the conservation of environmental heritage, and
(f) to ensure that any development does not adversely affect the heritage significance of heritage items and their settings.
The following development may be carried out only with development consent—
(a) demolishing, defacing or damaging a heritage item,
(b) altering a heritage item by making structural changes to its interior,
(c) altering a heritage item by making structural or non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect its heritage significance,
(d) moving the whole or part of a heritage item,
(e) moving a relic, or excavating land for the purpose of discovering, exposing or moving a relic, or
(f) disturbing or excavating a place of Aboriginal heritage significance or an archaeological site while knowing or having a reasonable cause to suspect that the disturbance or excavation is likely to result in a relic being damaged, disturbed or excavated, or
(g) erecting a building on, or subdividing, land on which a heritage item is located.
Development consent is not required by this clause if—
(a) in the opinion of the Council—
(i) the proposed development is of a minor nature or consists of maintenance of the heritage item, and
(ii) the proposed development would not adversely affect the significance of the heritage item, and
(b) the proponent has notified the consent authority in writing of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development consent is not otherwise required by this plan.
Development consent is not required by this clause for the following development in a cemetery or burial ground if there will be no disturbance to human remains, to relics in the form of grave goods or to a place of Aboriginal heritage significance—
(a) the creation of a new grave or monument, or
(b) an excavation or disturbance of land for the purpose of carrying out conservation or repair of monuments or grave markers.
Before granting a consent required by this clause, the consent authority must assess the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item concerned.
The assessment must include consideration of a heritage impact statement that addresses at least the following issues (but is not to be limited to assessment of those issues, if the heritage significance concerned involves other issues). The consent authority may also decline to grant such a consent until it has considered a conservation management plan, if it considers the development proposed should be assessed with regard to such a plan.
The minimum number of issues that must be addressed by the heritage impact statement are—
(a) the heritage significance of the heritage item as part of the environmental heritage of Bega Valley, and
(b) the impact that the proposed development will have on the heritage significance of the item and its setting, including any landscape or horticultural features, and
(c) the measures proposed to conserve the heritage significance of the item and its setting, and
(d) whether any archaeological site or potential archaeological site would be adversely affected by the proposed development, and
(e) the extent to which the carrying out of the proposed development would affect the form of any historic subdivision.
The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
(Repealed)
A person shall not demolish an interim heritage item except with development consent.
Consent must not be granted to a development application required by subclause (1) unless the consent authority has made an assessment of—
(a) the significance of the item as an interim heritage item, and
(b) the extent to which the carrying out of the development in accordance with the consent would affect the heritage significance of the item and its site, and
(c) whether the setting of the item and, in particular, whether any stylistic, horticultural or archaeological features of the setting should be retained, and
(d) whether the item constitutes a danger to the users or occupiers of that item or to the public, and
(e) measures to be taken to conserve interim heritage items, including any conservation plan prepared by the applicant.
(Repealed)
Before granting consent to development in the vicinity of a heritage item, the consent authority must assess the impact of the proposed development on the heritage significance of the heritage item.
This clause extends to development—
(a) that may have an impact on the setting of a heritage item, for example, by affecting a significant view to or from the item or by overshadowing, or
(b) that may undermine or otherwise cause physical damage to a heritage item, or
(c) if the heritage item is a place, that will otherwise have any adverse impact on the heritage significance of the place within which it is situated.
The consent authority may refuse to grant any such consent unless it has considered a heritage impact statement that will help it assess the impact of the proposed development on the heritage significance, visual curtilage and setting of the heritage item.
The heritage impact statement should include details of the size, shape and scale of, setbacks for, and the materials to be used in, any proposed buildings or works and details of any modification that would reduce the impact of the proposed development on the heritage significance of the heritage item.
Consent may be granted to the use, for any purpose, of a building that is a heritage item, or of the land on which the building is erected, even though the use would otherwise be prohibited by this plan, if the consent authority is satisfied that—
(a) the proposed use would not adversely affect the heritage significance of the item or its setting, and
(b) the proposed use is in accordance with a conservation management plan which has been endorsed by the consent authority, and
(c) the granting of consent to the proposed use would ensure that necessary conservation work identified in the conservation management plan is carried out, and
(d) the proposed use would not adversely affect the amenity of the surrounding area otherwise than to an insignificant extent, and
(e) the conservation of the building depends on the granting of the consent.
When considering an application for consent to erect a building on land on which a building that is a heritage item is located, the consent authority may, for the purpose of determining—
(a) the floor space ratio, and
(b) the number of parking spaces to be provided on the site,
exclude the floor space of the heritage item from its calculation of the floor space of the buildings erected on the land, but only if the consent authority is satisfied that the conservation of the heritage item depends on it making the exclusion.
Before granting consent for development that is likely to have an impact on a place of Aboriginal heritage significance or a potential place of Aboriginal heritage significance, or that will be carried out on an archaeological site of a relic that has Aboriginal heritage significance, the consent authority must—
(a) consider a heritage impact statement explaining how the proposed development would affect the conservation of the place or site and any relic known or reasonably likely to be located at the place or site, and
(b) except where the proposed development is integrated development, notify the local Aboriginal communities (in such way as it thinks appropriate) of its intention to do so and take into consideration any comments received in response within 21 days after the relevant notice is sent.
Before granting consent for development that will be carried out on an archaeological site or a potential archaeological site of a relic that has non-Aboriginal heritage significance (whether or not it is, or has the potential to be, also the site of a relic of Aboriginal heritage significance), the consent authority must—
(a) consider a heritage impact statement explaining how the proposed development will affect the conservation of the site and any relic known or reasonably likely to be located at the site, and
(b) be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.
This clause does not apply if the proposed development—
(a) does not involve disturbance of below-ground deposits and the Council is of the opinion that the heritage significance of any above-ground relics would not be adversely affected by the proposed development, or
(b) is integrated development.
Before granting consent for development within any zone, consideration shall be given by the consent authority to such of the following as are relevant to the proposed development—
(a) the impact of that development on—
(i) the water quality of waterbodies, and
(ii) the ability of rural land to be used for agricultural production or industry, or both, and
(iii) soil resources, and
(iv) existing vegetation, native flora and fauna and riparian corridors, and
(v) the topography and setting of the land, and
(vi) the streetscape character of the locality, and
(vii) the scale and design of neighbouring development, and
(viii) significant views enjoyed from parks, reserves, roadways, footpaths and other public places, and
(ix) the energy efficiency of the site and any buildings on the site, and
(x) the availability of a water supply to adequately provide for domestic, agricultural and fire fighting purposes and, where that proposed water supply is from a river, creek, dam or other waterway, the effect upon the other users of that water supply, and
(xi) waste generation, and
(xii) the cultural significance of the land, and
(xiii) the treatment of stormwater prior to discharge or the use of stormwater, and
(xiv) traffic generation and appropriate vehicular access into and around the site, and
(xv) any measures necessary to mitigate any of these impacts,
(b) the cumulative impact on the environment of—
(i) the development, and
(ii) other development in the vicinity of the proposed development.
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 for development consent 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 the development application 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 1 (a) (Rural General Zone), Zone 1 (c) (Rural Small Holdings Zone), Zone 1 (f) (Rural Forestry Zone), Zone 7 (b) (Environment Protection Foreshore Zone), Zone 7 (d) (Environment Protection General Zone), Zone 7 (f1) (Coastal Lands Protection Zone) or Zone 7 (f2) (Coastal Lands Acquisition Zone) 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.
Development that (in the absence of this clause) would be prohibited in a zone may be carried out with development consent within 50 metres of the boundary between that zone and another zone if it is permitted in the other zone either with or without consent.
However, this clause does not allow consent to be granted to carrying out any development on land within Zone 6 (a), 7 (b), 7 (d), 7 (f1), 7 (f2) or 8.
Consent must not be granted pursuant to this clause unless the consent authority is satisfied the proposed development satisfies the objectives of the zone in which it will be carried out.
The provisions of State Environmental Planning Policy No 1—Development Standards do not apply to subclause (1).
For the purposes of this clause, the zone boundary is the boundary between adjoining zones as shown on the zoning map and is not affected by the application of subclause (1).
Except as provided by subclause (2), development consent is required for the subdivision of land.
Development consent is not required for subdivision which is exempt development.
Despite any other provision of this plan, consent may be granted to a boundary adjustment between existing allotments that does not create any additional number of allotments, but only where the consent authority is satisfied that use of the resulting allotments will be consistent with the uses for which the existing allotments were originally created.
The land described in Part 2 of Schedule 2 is classified or reclassified as operational land for the purposes of the Local Government Act 1993.
In accordance with section 30 of the Local Government Act 1993, a parcel of land described in Part 2 of Schedule 2, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from any trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except for—
(aa) those trusts, estates, interests, dedications, conditions, restrictions and covenants (if any) specified in relation to the land described in Part 2 of Schedule 2, and
(a) any reservations that except land out of a Crown Grant relating to the land, and
(b) reservations of minerals (within the meaning of the Crown Land Management Act 2016).
Before the relevant amending plan that inserted the description of a parcel of land into Part 2 of Schedule 2 was made, the Governor approved of subclause (2) applying to the land.
(a) the sale by retail of chandlery equipment, marine motors, spare parts and accessories for boats, including motor boats,
(b) the washing and maintenance of boats,
(c) the installation of boating accessories,
(d) the repairing and servicing of boats involving the use of hand tools (other than repairing and servicing which involves top overhaul of motors, hull construction or restoration, panel beating, fibreglass fabrication or spray painting).
(a) body building, or
(b) panel beating which may or may not involve dismantling, or
(c) spray painting.
(a) a children’s playground, or
(b) a building or place (or both) used for sporting activities or sporting facilities, or
(c) a building or place (or both) used by the Council to provide recreational facilities for the physical, cultural or intellectual welfare of the community, or
(d) a building or place (or both) used by a body of persons associated for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those persons,
but does not include a showground or racecourse or a building or place elsewhere specifically defined in this Dictionary.
(a) any deposit, object or material evidence (which may consist of human remains) that is more than 50 years old relating to the use or settlement, not being Aboriginal habitation, of the local government area of Bega Valley and that is attached to or within the ground, or
(b) any deposit, object or material evidence (which may consist of human remains) of any age relating to Aboriginal habitation of the local government area of Bega Valley.
(a) the making of any structural changes to the outside of the building or work, or
(b) the making of non-structural changes to the fabric or appearance of the outside of the building or work, including changes that involve the repair, plastering, or other decoration of, the outside of the building or work.
(a) the sale by retail of spare parts and accessories for motor vehicles,
(b) washing and greasing of motor vehicles,
(c) installation of accessories,
(d) repairing and servicing of motor vehicles involving the use of hand tools (other than repairing and servicing which involves top overhaul of motors, body building, panel beating, spray painting, or suspension, transmission or chassis restoration).
(a) space used for car parking, laundries or storerooms, if the ceiling above the space is not more than 1.2 metre above natural ground level, or
(b) attic space which is part of the dwelling immediately below and is incapable of being used as, or as part of, another dwelling, or
(c) plant rooms.
(a) railway, road, water or air transport, or wharf or river undertakings, or
(b) the provision of sewerage or drainage services, or
(c) the supply of water, hydraulic power, electricity or gas, or
(d) telecommunications facilities, or
(e) firefighting facilities, or
(f) paramedical facilities.
(a) vehicle body building, or
(b) panel beating which involves dismantling, or
(c) spray painting other than of a touching-up character.
The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.
• Bega Valley Local Environmental Plan 2002 (Amendment No 1)—Sheet 1
• Bega Valley Local Environmental Plan 2002 (Amendment No 2)—Sheets 1 and 2
• Bega Valley Local Environmental Plan 2002 (Amendment No 4)
• Bega Valley Local Environmental Plan 2002 (Amendment No 5)—Sheet 1
• Bega Valley Local Environmental Plan 2002 (Amendment No 8)
Bega Valley Local Environmental Plan 2002 published in Gazette No 98 of 14.6.2002, p 4222. This plan has been amended as follows—
(1) | Bega Valley Local Environmental Plan 2002 (Amendment No 1). GG No 4 of 6.1.2006, p 16. Date of commencement, on gazettal. | |
(362) | Bega Valley Local Environmental Plan 2002 (Amendment No 2). GG No 94 of 27.7.2007, p 4860. Date of commencement, on gazettal. | |
(435) | Bega Valley Local Environmental Plan 2002 (Amendment No 3). GG No 108 of 31.8.2007, p 6663. Date of commencement, on gazettal. | |
(128) | State Environmental Planning Policy (Rural Lands) 2008. GG No 50 of 9.5.2008, p 3734. Date of commencement, on gazettal. | |
(200) | Bega Valley Local Environmental Plan 2002 (Amendment No 4). GG No 72 of 20.6.2008, p 5466. Date of commencement, on gazettal. | |
(571) | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008. GG No 157 of 12.12.2008, p 11946. Date of commencement, 15.12.2008, cl 3. | |
(317) | Bega Valley Local Environmental Plan 2002 (Amendment No 5). LW 17.7.2009. Date of commencement, on publication on LW. | |
(409) | Bega Valley Local Environmental Plan 2002 (Amendment No 8). LW 21.8.2009. Date of commencement, on publication on LW. | |
(70) | Bega Valley Local Environmental Plan 2002 (Amendment No 9). LW 26.2.2010. Date of commencement, on publication on LW, cl 2. | |
(223) | Bega Valley Local Environmental Plan 2002 (Amendment No 10). LW 6.5.2011. Date of commencement, on publication on LW, cl 2. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016. Date of commencement of Sch 2, 8.7.2016, sec 2 (1). | |
(621) | State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019. Date of commencement of Sch 2.2, 15.1.2020, cl 2(1). | |
(659) | State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019. LW 20.12.2019. Date of commencement, 1.2.2020, cl 2. | |
(724) | State Environmental Planning Policy Amendment (Arts and Cultural Activity) 2020. LW 11.12.2020. Date of commencement, 11.12.2020, cl 2 and 2020 (713) LW 11.12.2020. | |
(716) | State Environmental Planning Policy Amendment (Miscellaneous) 2021. LW 26.11.2021. Date of commencement, on publication on LW, sec 2. | |
(72) | State Environmental Planning Policy Amendment (Miscellaneous) 2022. LW 4.3.2022. |
Date of commencement, on publication on LW, sec 2. | ||
(629) | State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022. Date of commencement, 21.11.2022, sec 2. | |
(524) | State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023. LW 15.9.2023. Date of commencement, 1.11.2023, sec 2. |
Cl 2 | Am 2020 (724), Sch 2[1]. |
Cl 9 | Am 2008 (128), Sch 1.3 [1]. |
Cl 11 | Am 2023 (524), Sch 1.1[2]. |
Cl 16 | Rep 2008 (128), Sch 1.3 [2]. |
Cl 17 | Am 2007 (362), Sch 1 [1]; 2008 (128), Sch 1.3 [3] [4]. |
Cl 17A | Ins 2008 (128), Sch 1.3 [5]. |
Cl 18 | Am 2008 (128), Sch 1.3 [6]. |
Cl 42 | Am 2019 (621), Sch 2.2[1]. |
Cl 49 | Am 2008 (571), Sch 3.9 [1]–[3]. |
Cl 51 | Am 2016 No 27, Sch 2.3. |
Cl 54 | Am 2008 (571), Sch 3.9 [4]–[6]. |
Cl 57 | Am 2008 (571), Sch 3.9 [7]. |
Cl 58 | Rep 2021 (716), Sch 1.3. |
Cl 60 | Rep 2008 (571), Sch 3.9 [8]. |
Cl 63 | Am 2008 (571), Sch 3.9 [9] [10]. |
Cl 64 | Am 2008 (571), Sch 3.9 [11]. |
Cl 65A | Ins 2019 (659), Sch 1.2. Am 2023 (524), Sch 1.1[1]. |
Cl 68 | Am 2009 (317), Sch 1 [1]; 2019 (621), Sch 2.2[2]. |
Cl 76 | Am 2022 (72), Sch 1.8. |
Cl 82 | Am 2008 (571), Sch 3.9 [12]. |
Cl 83 | Subst 2008 (571), Sch 3.9 [13]. |
Cll 89A, 89B | Ins 2019 (659), Sch 2.2. |
Cl 89C | Ins 2020 (724), Sch 3. |
Cl 89D | Ins 2022 (629), Sch 2[4]. |
Cl 91 | Am 2008 (571), Sch 3.9 [14] [15]. |
Cl 96 | Am 2008 (571), Sch 3.9 [16]. |
Cl 97 | Ins 2008 (200), Sch 1 [1]. |
Sch 2 | Am 2007 (362), Sch 1 [2]; 2009 (317), Sch 1 [2]. |
Sch 4 | Am 2007 (435), cl 4; 2009 (409), Sch 1 [1]; 2010 (70), cl 4 (1). |
Sch 5 | Am 2011 (223), cl 4. |
Dictionary | Am 2006 (1), cl 4; 2007 (362), Sch 1 [3]; 2008 (200), Sch 1 [2]; 2009 (317), Sch 1 [3]; 2009 (409), Sch 1 [2]; 2010 (70), cl 4 (2). |
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