Bellingen Local Environmental Plan 2003 (NSW)
This plan is Bellingen Local Environmental Plan 2003.
The principal aim of this plan is to encourage development in the Bellingen local government area which is designed and carried out in a way that respects the environmental quality and capacity of the land and the needs of the community.
The objectives of this plan are:
(a) to identify and protect good agricultural land and to discourage land uses which jeopardise the potential of the land for agricultural purposes, and
(b) to encourage forms of development that minimise risks to sensitive environments, including wetlands, coastal systems, wooded slopes, ridge lines, scenic areas, river systems (including the mitigation of river bank failure, erosion or accretion) and other similar resources, and
(c) to encourage and support environmental restoration and enhancement and, in particular, the removal of weeds and the protection of riparian areas, and
(d) to protect water quality and habitat values, and
(e) to limit the development of land adversely affected by flooding, soil erosion, landslip or bush fire, and
(f) to provide for the protection of items of environmental heritage and historic importance (including the Bellingen town centre) and to guide the restoration of any items of environmental heritage that may from time to time be identified, including Aboriginal relics and places of significance, and
(g) to accommodate development which will both directly and indirectly increase job opportunities for the residents of the Bellingen local government area in appropriate locations, and
(h) to encourage a range of tourism activities and facilities that will complement the existing natural and human-influenced features of the area without degrading important environmental or agricultural features or the elements of the character and environmental quality of the area that are attractive to tourists and residents, and
(i) to enable development for residential purposes that maximises housing choice (in terms of dwelling types and costs and different lifestyles) and the use of existing physical and social infrastructure and minimises development costs, and
(j) to encourage a type and intensity of development appropriate for the location and in a sequence that maximises the efficiency and minimises the cost of providing transport, utility and community services, and
(k) to provide opportunities for public and private recreation facilities associated with tourist and local resident needs, and
(l) in relation to land at Urunga generally bounded by Hillside Drive, the Pacific Highway, the South Pacific Ocean and Hungry Head Road:
(i) to provide opportunities for the staged expansion of residential and rural residential development at Urunga, and
(ii) to encourage a range and choice of housing types and densities, and
(iii) to enable the provision of public and private services and amenities to meet the needs of an increased population, and
(iv) to encourage development related to tourism and recreation in a manner that complements the lifestyle and living environment for permanent residents, and
(v) to ensure that development is carried out in a manner which minimises risks of pollution, siltation or other degradation of significant wetlands, Urunga Lagoon and coastal ecosystems, and
(vi) to maximise the retention of existing vegetation in any development, and
(vii) to preserve wildlife habitat.
This plan applies to all land within the local government area of Bellingen.
This plan repeals Bellingen Local Environmental Plan 1990.
This plan amends:
(a) State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development by inserting in Schedule 2 in alphabetical order “Bellingen local government area”, and
(b) State Environmental Planning Policy No 60—Exempt and Complying Development by deleting from Part 2 of Schedule 1 the matter “Bellingen”.
Expressions used in this plan that are defined in the Dictionary at the end of this plan have the meanings set out in the Dictionary.
In this plan, a reference to:
(a) a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose, and
(b) a map or plan is a reference to a map or plan deposited in the office of the Council, and
(c) land within a zone specified in the Table to clause 11 is a reference to land shown on the map in the manner indicated in clause 10 as the means of identifying land of the zone so specified.
Notes in this plan and the list of its contents do not form part of this plan.
The Council is the consent authority for the purposes of this plan, subject to the Act.
Development listed in Schedule 1 is exempt development if it is of minimal environmental impact and it satisfies all of the following:
(a) it is carried out on land that:
(i) is not State forest within the meaning of the Forestry Act 1916, and
(ii) is not reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, and
(iii) is not an aquatic reserve declared under the Fisheries Management Act 1994, and
(iv) is not a marine park declared under the Marine Parks Act 1997, and
(v) is not dedicated or reserved under the National Parks and Wildlife Act 1974, and
(vi) is not itself, and is not within, a wilderness area within the meaning of the Wilderness Act 1987, and
(vii) is not critical habitat within the meaning of the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994, and
(viii) is not land to which State Environmental Planning Policy No 14—Coastal Wetlands applies, and
(ix) is not land to which State Environmental Planning Policy No 26—Littoral Rainforests applies, and
(x) is not within Zone No 7 (a) or 7 (f), and
(xi) is not subject to an interim order under the Heritage Act 1977, or listed on the State Heritage Register under that Act, and
(xii) is not identified by the National Parks and Wildlife Act 1974 as an Aboriginal place and does not contain an Aboriginal relic, and
(xiii) is not land to which clause 21 applies, and
(xiv) is not subject to subsidence, slip or erosion, and
(xv) is not contaminated, and
(xvi) is not a site that has previously been used:
(A) as a service station, or
(B) as a sheep or cattle dip, or
(C) for intensive agriculture, or
(D) for mining or extractive industry, or
(E) for waste storage or waste treatment, or
(F) for the manufacture of chemicals, asbestos or asbestos products,
unless a notice of completion of remediation work for the proposed use has been given to the Council in accordance with State Environmental Planning Policy No 55—Remediation of Land, and
(b) it does not cause interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise, and
(c) it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and
(d) it complies with:
(i) any relevant standards and other requirements specified for the development in Schedule 1, and
(ii) any other relevant requirements and standards in any other environmental planning instrument or development control plan applying to the land on which it is carried out, and
(e) it does not contravene any condition of a development consent or any provision of an approval under the Local Government Act 1993 that is in force, and
(f) it does not adversely affect drainage of the site on which it is carried out, and
(g) it does not restrict any vehicular or pedestrian access to or from the site, and
(h) it is carried out at least 1 metre from any easement or public sewer main and it complies with any building-over-sewer requirements of the Council, and
(i) any structures involved do not encroach on any registered easement other than one that permits the particular structure or work, and
(j) it does not involve works requiring consent under clause 20, and
(k) it does not involve damage to vegetation, where that damage requires consent and that consent has not been obtained, and
(l) a minimum of 35% of the site is reserved for soft landscaping, and
(m) it does not involve changes to an existing, or installation of a new, effluent disposal system or sewer connection, and
(n) it does not affect landscaping required by, or vegetation required to be retained by, a development consent, and
(o) it does not constitute any building or other work within the dripzone of a tree, and
(p) it is consistent with any plan of management approved under State Environmental Planning Policy No 44—Koala Habitat Protection and with any recovery plan or threat abatement plan in force under the Threatened Species Conservation Act 1995 that applies to the land, and
(q) it does not involve alteration of natural ground levels in excess of 1 metre, and
(r) it does not hamper the effectiveness of an asset protection zone.
Development listed in Schedule 2 is complying development if it satisfies all of the following:
(a) it is development of a kind that can be carried out with development consent on the land on which it is proposed and the development is not:
(i) State significant development, or
(ii) designated development, or
(iii) development for which development consent cannot be granted except with the concurrence of a person other than:
(A) the Council, or
(B) the Director-General of National Parks and Wildlife as referred to in section 79B (3) of the Act, or
(iv) associated with an existing use, as defined in section 106 of the Act, and
(b) no draft environmental planning instrument contains provisions relating to that development that are more restrictive than the provisions under this plan, and
(c) it is carried out on land that:
(i) is not State forest within the meaning of the Forestry Act 1916, and
(ii) is not reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, and
(iii) is not an aquatic reserve declared under the Fisheries Management Act 1994, and
(iv) is not a marine park declared under the Marine Parks Act 1997, and
(v) is not dedicated or reserved under the National Parks and Wildlife Act 1974, and
(vi) is not itself, and is not within, a wilderness area within the meaning of the Wilderness Act 1987, and
(vii) is not State protected land within the meaning of the Native Vegetation Conservation Act 1997, and
(viii) is not critical habitat within the meaning of the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994, and
(ix) is not land to which State Environmental Planning Policy No 14—Coastal Wetlands applies, and
(x) is not land to which State Environmental Planning Policy No 26—Littoral Rainforests applies, and
(xi) is not within Zone No 7 (a), 7 (f) or 7 (s), and
(xii) is not a heritage item, the site of a heritage item or within a conservation area, and
(xiii) is not subject to an interim order under the Heritage Act 1977, or listed on the State Heritage Register under that Act, and
(xiv) is not identified by the National Parks and Wildlife Act 1974 as an Aboriginal place and does not contain an Aboriginal relic, and
(xv) is not land to which clause 21 applies, and
(xvi) is not flood liable land, and
(xvii) is not subject to subsidence, slip or erosion, and
(xviii) is not within a high or moderate bush fire hazard class as determined by a bush fire risk management plan prepared under section 52 of the Rural Fires Act 1997, and
(xix) is not contaminated, and
(xx) is not a site that has previously been used:
(A) as a service station,
(B) as a sheep or cattle dip,
(C) for intensive agriculture,
(D) for mining or extractive industry,
(E) for waste storage or waste treatment,
(F) for the manufacture of chemicals, asbestos or asbestos products,
unless a notice of completion of remediation work for the proposed use has been given to the Council in accordance with State Environmental Planning Policy No 55—Remediation of Land, and
(d) it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and
(e) it complies with:
(i) the development standards and other requirements specified for the development in Schedule 2, and
(ii) any other development standards specified for the development in any environmental planning instrument or development control plan applying to the land on which it is carried out, and
(f) it achieves the relevant outcomes specified for the development in Schedule 3, and
(g) no environmental planning instrument applying to the land states that the adequacy of an acid sulfate soils management plan for the development must be considered before consent can be granted for it, and
(h) it does not contravene any condition of a development consent or any provision of an approval under the Local Government Act 1993 that is in force, and
(i) a certificate of compliance has been obtained for the development, if required, from the water and sewerage authority, and
(j) it is carried out at least 1 metre from any easement or public sewer main and complies with any building-over-sewer requirements of the Council, and
(k) it does not involve works requiring consent under clause 20, and
(l) it does not require damage to vegetation, where that damage requires consent and that consent has not been obtained, and
(m) it does not constitute any building or other work within the dripzone of a tree, and
(n) it is consistent with any plan of management approved under State Environmental Planning Policy No 44—Koala Habitat Protection, and with any recovery plan or threat abatement plan in force under the Threatened Species Conservation Act 1995 that applies to the land, and
(o) it does not hamper the effectiveness of an asset protection zone.
A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Schedule 4.
Nothing in this plan restricts or prohibits, or enables the consent authority to restrict or prohibit:
(a) the carrying out of development described in Schedule 5, or
(b) the use of existing buildings of the Crown by the Crown.
For the purposes of this plan, land to which this plan applies is within a zone specified below if the land is shown on the map in the manner specified in the legend to the map in relation to that zone:
• Zone No 1 (a1) (Agricultural Protection Zone)
• Zone No 1 (a2) (Secondary Agriculture Zone)
• Zone No 1 (c1) (Rural Residential Zone)
• Zone No 1 (c2) (Rural Small Holdings Zone)
• Zone No 1 (c3) (Rural Settlement Zone)
• Zone No 1 (d) (Investigation Zone)
• Zone No 1 (f) (Forestry Zone)
• Zone No 2 (a) (Residential Zone)
• Zone No 2 (b) (Village Area Zone)
• Zone No 3 (Business Zone)
• Zone No 4 (Industrial Zone)
• Zone No 5 (Special Uses Zone)
• Zone No 6 (a) (Public Recreation Zone)
• Zone No 6 (b) (Private Recreation Zone)
• Zone No 7 (a) (Environmental Protection (Wetlands) Zone)
• Zone No 7 (f) (Environmental Protection (Coastal Land) Zone)
• Zone No 7 (s) (Special Emphasis Zone)
• Zone No 8 (National Parks and Nature Reserves Zone)
• Zone No 9 (Proposed Road Zone)
In each zone the development controls are divided into items, the effect of which is as follows:
• Item 1 (Zone objectives) provides the main direction for development in the zone.
• Item 2 (Without development consent) specifies development that may be carried out in the zone without consent.
• Item 3 (Exempt development) describes exempt development that may be carried out in the zone without consent or assessment under the Act.
• Item 4 (Only with development consent) specifies development that may be carried out in the zone only with development consent.
• Item 5 (Prohibited) specifies development that is prohibited in the zone.
• Item 6 (Zone specific development controls and special matters for consideration) contains references to specific controls on, and matters to be considered by, the consent authority before granting development consent to certain development in the zone, in addition to the more general requirements of this plan and considerations prescribed in section 79C of the Act. Any error in (including any omission from) this item does not alter the effect of any specific control or matter.
Except where otherwise expressly provided by this plan, consent must not be granted to development unless the consent authority has considered the objectives of this plan and the objectives of the zone in which the land is situated and is of the opinion that the development is not inconsistent with those objectives.
The Act, other environmental planning instruments and other clauses of this plan specify requirements for development in addition to those described in this Table. You should ensure that you have considered and will comply with all relevant controls on development before undertaking any work or activity in the Bellingen local government area.
The objectives of this zone are:
(a) to protect and conserve the productive potential of agricultural land, and
(b) to encourage the productive and efficient use of land for agricultural purposes, and
(c) to control subdivision of land having regard to the efficient use of the land for agricultural purposes, and
(d) to enable other forms of development associated with rural activity to be carried out where they are in keeping with the rural character of the area and where they minimise potential interference with the agricultural use of the land, and
(e) to prevent development of inappropriate traffic-generating uses along main road frontages, and
(f) to prevent development that is inappropriate, having regard to the risks of bush fire, flooding, soil erosion, land instability, quality of access and the provision of utility services and community facilities, and
(g) to protect the natural and scenic resources of the Bellingen local government area.
Development for the purpose of:
• agriculture (not including activities involving the erection of a building or damage to vegetation that are not exempt development)
• forestry
As specified in clause 7.
Any development not included in Item 2, 3 or 5.
Development for the purpose of:
• boarding-houses
• bulk stores (other than those associated with agriculture)
• car repair stations
• clubs
• commercial premises
• exhibition homes
• health consulting rooms
• hospitals
• hotels
• institutions
• junk yards
• liquid fuel depots
• motels
• motor showrooms
• professional consulting rooms
• public buildings
• recreation facilities
• refreshment rooms
• residential flat buildings
• service stations
• shops (other than general stores)
• taverns
• total destination resorts
• transport terminals
• units for aged persons
• vehicle body repair workshops
• warehouses
general principles for rural development—see clause 26
dwellings—see clause 50
subdivision—see clause 43
tourist facilities—see clause 28
industries and rural enterprises in rural areas—see clause 39
development within the vicinity of Dorrigo—see clause 40
The objectives of this zone are:
(a) to enable the continuation of traditional forms of rural land use and occupation, and
(b) to ensure that any development is of a type and intensity that is appropriate to the characteristics of the land, the rural environment, the standard of public services and amenities available to the development and the costs of upgrading those services, and
(c) to ensure that development is carried out in a manner that does not adversely affect water quality, and
(d) to prevent development that is inappropriate, having regard to the risks of bush fire, flooding, soil erosion, land instability, quality of access and the provision of utility services and community facilities, and
(e) to protect the natural and scenic resources of the Bellingen local government area.
Development for the purpose of:
• agriculture (not including activities involving the erection of a building or damage to vegetation that are not exempt development)
• forestry
As specified in clause 7.
Any development not included in Item 2, 3 or 5.
Development for the purpose of:
• boarding-houses
• bulk stores (other than those associated with agriculture)
• car repair stations
• commercial premises
• exhibition homes
• health consulting rooms
• hotels
• junk yards
• liquid fuel depots
• motor showrooms
• professional consulting rooms
• public buildings
• residential flat buildings
• shops (other than general stores or produce stores)
• total destination resorts
• transport terminals
• units for aged persons
• vehicle body repair workshops
• warehouses
general principles for rural development—see clause 26
dwellings—see clause 50
subdivision—see clause 43
industries and rural enterprises in rural areas—see clause 39
The objectives of this zone are:
(a) to enable appropriately staged development in the form of small holdings, small farms or rural residential development to be carried out on land which is suitable for that development, and
(b) to enable other forms of development to be carried out if they are in keeping with the rural character of the locality and compatible with existing or likely future small holdings, small farms and rural residential development, and
(c) to ensure that the type and intensity of development is appropriate in relation to the characteristics of the land and the rural environment and the cost of providing a satisfactory level of public services and amenities, and
(d) to contribute to a range of rural lifestyle opportunities.
Development for the purpose of agriculture (not including activities involving the erection of a building or damage to vegetation that are not exempt development).
As specified in clause 7.
Development for the purpose of:
• agriculture (not including agriculture allowed without development consent)
• animal boarding establishments
• animal establishments
• attached dual occupancies
• bush fire fighting establishments
• bush fire hazard reduction works
• cemeteries
• child care centres
• community centres
• community facilities
• damage to vegetation
• dwellings
• educational establishments
• environmental restoration works
• forestry
• general stores
• health consulting rooms
• home industries
• hospitals
• picnic areas and lookouts
• places of public worship
• professional consulting rooms
• public buildings
• reception establishments
• recreation establishments
• recreation facilities
• retail plant nurseries
• roads
• roadside stalls
• rural industries
• tourist facilities
• utility installations
• veterinary surgeon’s establishments
Demolition
Subdivision
Any development not included in Item 2, 3 or 4.
general principles for rural development—see clause 26
dwellings—see clause 50
subdivision—see clause 44
subdivision of land within an excluded area—see clause 47
subdivision of land on Newry Island—see clause 45
The objectives of this zone are:
(a) to provide the opportunity for closer rural settlement and tourist development in appropriate parts of the Bellingen local government area, and
(b) to maximise housing choice, and
(c) to encourage a type and intensity of development that does not create unreasonable or uneconomic demands, or both, for the provision or extension of public amenities or services, including road access, and
(d) to ensure that any development maintains the rural character of the locality, and
(e) to prevent development of inappropriate traffic-generating uses along main road frontages, and
(f) to prevent development that is inappropriate, having regard to the risks of bush fire, flooding, soil erosion, land instability, quality of access and the provision of utility services and community facilities, and
(g) to protect the natural and scenic resources of the Bellingen local government area.
Development for the purpose of agriculture (not including activities involving the erection of a building or damage to vegetation that are not exempt development).
As specified in clause 7.
Any development not included in Item 2, 3 or 5.
Development for the purpose of:
• boarding-houses
• bulk stores (other than those associated with agriculture)
• car repair stations
• commercial premises
• exhibition homes
• institutions
• junk yards
• liquid fuel depots
• motor showrooms
• public buildings
• residential flat buildings
• shops (other than general stores or produce stores)
• total destination resorts
• vehicle body repair workshops
• warehouses
general principles for rural development—see clause 26
dwellings—see clause 50
subdivision—see clause 46
subdivision of land within an excluded area—see clause 47
industries and rural enterprises in rural areas—see clause 39
The objectives of this zone are:
(a) to encourage rural settlement in locations where existing services and facilities can be efficiently utilised, and
(b) to reinforce the existing hierarchy of services and functions within the Bellingen local government area, and
(c) to encourage integrated rural settlement to avoid environmental damage, maintain the traditional rural landscape and maintain the viability of the existing infrastructure throughout the Bellingen local government area, and
(d) to provide the opportunity for closer rural settlement and tourist development in appropriate locations, and
(e) to maximise housing choice, and
(f) to encourage a type and intensity of development that does not create unreasonable or uneconomic demands, or both, for the provision or extension of public amenities or services, including road access, and
(g) to ensure that any development maintains the rural character of the locality, and
(h) to prevent development of inappropriate traffic-generating uses along main road frontages, and
(i) to prevent development that is inappropriate, having regard to the risks of bush fire, flooding, soil erosion, land instability, quality of access and the provision of utility services and community facilities, and
(j) to protect the natural and scenic resources of the Bellingen local government area.
Development for the purpose of agriculture (not including activities involving the erection of a building or damage to vegetation that are not exempt development).
As specified in clause 7.
Any development not included in Item 2, 3 or 5.
Development for the purpose of:
• boarding-houses
• bulk stores (other than those associated with agriculture)
• car repair stations
• commercial premises
• institutions
• junk yards
• liquid fuel depots
• motor showrooms
• public buildings
• residential flat buildings
• shops (other than general stores or produce stores)
• total destination resorts
• vehicle body repair workshops
• warehouses
general principles for rural development—see clause 26
dwellings—see clause 50
subdivision—see clause 48
industries and rural enterprises in rural areas—see clause 39
The objectives of this zone are:
(a) to indicate areas that may be identified as suitable for future urban expansion after further investigation, and
(b) to ensure that development within this zone is compatible with and does not frustrate future development of the land.
Development for the purpose of agriculture (not including activities involving the erection of a building or damage to vegetation that are not exempt development).
As specified in clause 7.
Development for the purpose of:
• agriculture (not including agriculture allowed without development consent)
• animal boarding establishments
• animal establishments
• attached dual occupancies
• bush fire fighting establishments
• bush fire hazard reduction works
• damage to vegetation
• dwellings
• environmental restoration works
• forestry
• industries
• rural enterprises
• utility installations
Demolition
Subdivision
Any development not included in Item 2, 3 or 4.
general principles for rural development—see clause 26
dwellings—see clause 50
subdivision—see clause 43
industries and rural enterprises in rural areas—see clause 39
The objective of this zone is to make provision for all State forests within which forestry activities do not require development consent.
Any development authorised by or under the Forestry Act 1916 and any ancillary or incidental development.
As specified in clause 7.
Development (not included in Item 2 or 3) for the purpose of:
• agriculture
• damage to vegetation
• drainage
• environmental restoration works
• extractive industries
• industries
• lookouts
• mines
• parking areas
• public utility undertakings
• recreation establishments
• refreshment rooms
• roads
• sawmills
• tourist facilities
Demolition
Subdivision
Any development not included in Item 2, 3 or 4.
Nil.
The objectives of this zone are:
(a) to identify suitable lands to be used for the purposes of housing and associated facilities, and
(b) to encourage a range of housing types in appropriate locations and at densities compatible with surrounding residential uses, and
(c) to enable development providing services to surrounding residential areas only if it is compatible with the character of the living area, and
(d) to ensure that the height and scale of buildings are compatible with a normal detached dwelling character.
Nil.
As specified in clause 7.
Any development not included in Item 2, 3 or 5.
Development for the purpose of:
• abattoirs
• animal boarding establishments
• animal establishments
• bulk stores
• car repair stations
• clubs
• commercial premises
• forestry
• generating works
• heliports
• hotels
• industries (other than home industries)
• institutions
• junk yards
• liquid fuel depots
• mines
• motor showrooms
• places of assembly
• roadside stalls
• sawmills
• shops (other than general stores)
• stock and sale yards
• transport terminals
• vehicle body repair workshops
• warehouses
Nil.
The objectives of this zone are:
(a) to make provision for certain suitable lands to be used for urban purposes, and
(b) to encourage a range of housing types in appropriate locations, and
(c) to enable development for retail, commercial and service purposes for the local and nearby rural community in appropriate locations where the scale and type of development is compatible with living areas, and
(d) to recognise existing villages and to enable future development appropriate to their function, and
(e) to preserve and enhance the local character and identity of villages within the Bellingen local government area, and
(f) to provide for a range of development appropriate to the needs of a village community.
Nil.
As specified in clause 7.
Any development not included in Item 2, 3 or 5.
Development for the purpose of:
• abattoirs
• animal boarding establishments
• animal establishments
• institutions
• junk yards
• liquid fuel depots
• mines
• offensive or hazardous industries
• sawmills
• stock and sale yards
subdivision of certain land within South Urunga—see clause 49
The objectives of this zone are:
(a) to encourage the development and expansion of business activities which will contribute to economic growth and employment opportunities within the Bellingen local government area, and
(b) to facilitate the establishment of retail, commercial and professional services to meet the needs of the community and which are compatible with the surrounding environment, and
(c) to provide for forms of business activities normally located on the fringe of the central business area, and
(d) to facilitate the establishment of services required by the travelling public and the tourist industry and for the development of facilities for refreshment, accommodation, recreation and amusement, and
(e) to permit non-commercial development where such development is compatible with the commercial character of the locality, and
(f) to encourage development which enhances the historic character of the Bellingen business centre.
Nil.
As specified in clause 7.
Any development not included in Item 2, 3 or 5.
Development for the purpose of:
• abattoirs
• animal boarding establishments
• animal establishments
• caravan parks
• exhibition homes
• extractive industries
• generating works
• heliports
• hospitals
• industries (other than light industries and home industries)
• institutions
• junk yards
• mines
• recreation establishments
• residential flat buildings (other than those containing commercial premises or shops)
• roadside stalls
• sawmills
• stock and sale yards
• transport terminals (other than bus stations and bus depots)
Nil.
The objectives of this zone are:
(a) to encourage development of land for the purpose of industry within convenient distances of the urban centres of the Bellingen local government area and with good access to major arterial roads, and
(b) to enable certain other forms of development compatible with or ancillary to the industrial use of land, such as warehousing, transport and servicing, and
(c) to provide opportunities for non-industrial commercial activities that may reasonably be located in an industrial zone.
Nil.
As specified in clause 7.
Development for the purpose of:
• agriculture
• animal boarding establishments
• animal establishments
• buildings, works and land uses that are associated with, ancillary to, dependent on or which provide services to industries or other development permitted in the zone or people employed in those industries or that other development (not including residential accommodation)
• bulk stores
• bus depots
• bush fire fighting establishments
• bush fire hazard reduction works
• car repair stations
• clubs
• damage to vegetation
• emergency services
• environmental restoration works
• generating works
• industries
• junk yards
• liquid fuel depots
• motor showrooms
• public utility undertakings
• recreation areas
• road transport terminals
• sawmills
• service stations
• transport terminals
• utility installations
• vehicle body repair workshops
• warehouses
• works depots
Demolition
Subdivision
Development not included in Item 2, 3 or 4.
Nil.
The objective of this zone is to identify land used for key public purposes, community purposes and purposes incidental to those purposes.
Development for the purpose of agriculture (not including activities involving the erection of a building or damage to vegetation that are not exempt development)
As specified in clause 7.
Development for the purpose of:
• agriculture (not including agriculture allowed without development consent)
• bush fire hazard reduction works
• damage to vegetation
• the particular building, work, place or use indicated on the map
• environmental restoration works
• signs
Demolition
Subdivision
Any development not included in Item 2, 3 or 4.
Nil.
The objectives of this zone are:
(a) to provide a range of open space and recreational land to meet the needs of the community for public recreation, and
(b) to allow for the provision of suitable facilities to enhance the use and enjoyment of open space areas while ensuring that any development:
(i) promotes or is related to the use and enjoyment of open space, and
(ii) does not substantially diminish public use of or access to open space, and
(iii) does not adversely affect the natural environment, any items or areas of heritage significance or the existing amenity of the area.
Development for the purpose of:
• works (but not buildings) involved in landscaping or gardening
As specified in clause 7.
Development for the purpose of:
• agriculture
• buildings used for landscaping or gardening
• bush fire hazard reduction works
• child care centres
• community centres
• dams
• damage to vegetation
• environmental restoration works
• forestry
• parking areas
• racecourses
• recreation areas
• recreation facilities
• refreshment rooms
• showgrounds
• tourist facilities
• utility installations (other than gas holders or generating works)
Demolition
Subdivision
Any development not included in Item 2, 3 or 4.
development in open space zones—see clause 29
The objectives of this zone are:
(a) to identify and preserve private land used for recreational purposes, and
(b) to allow for the provision of suitable facilities to enhance the use and enjoyment of open space areas.
Development for the purpose of:
• works (but not buildings) involved in landscaping or gardening
As specified in clause 7.
Development for the purpose of:
• agriculture
• buildings used for landscaping or gardening
• bush fire hazard reduction works
• clubs
• community centres
• damage to vegetation
• dwelling-houses and residential buildings required for use or occupation by persons employed in the carrying out of other development allowed by this Item
• environmental restoration works
• parking areas
• racecourses
• recreation areas
• recreation facilities
• refreshment rooms
• showgrounds
• sportsgrounds
• tourist facilities
• utility installations (other than gas holders or generating works)
Demolition
Subdivision
Any development not included in Item 2, 3 or 4.
development in open space zones—see clause 29
The objectives of this zone are:
(a) to identify and protect the wetland environment and the natural habitats it supports for conservation purposes, with particular attention being given to the protection of mangroves, and
(b) to prohibit development that is likely to have a detrimental effect on habitat or the landscape, and
(c) to enable development that would not have a significant detrimental effect on the habitat.
Nil.
Nil—as specified in clause 7.
Development for the purpose of:
• agriculture
• animal establishments
• bush fire hazard reduction works
• damage to vegetation
• environmental restoration works
• utility installations (other than gas holders or generating works)
Demolition
Subdivision
Any development not included in Item 2, 3 or 4.
general principles for rural development—see clause 26
dwellings—see clause 50
subdivision—see clause 43
The objectives of this zone are:
(a) to identify and protect environmentally sensitive and scenic coastal land and ensure that dune systems are not permanently altered, and
(b) to enable development that does not have a significant detrimental effect on the habitat, landscape or scenic quality of the locality, and
(c) to preserve flora and fauna habitats, and
(d) to ensure that development is adequately protected from flooding and coastal erosion hazards.
Nil.
Nil—as specified in clause 7.
Development for the purpose of:
• agriculture
• animal establishments
• beach amenities
• bush fire hazard reduction works
• camping grounds
• damage to vegetation
• dwellings
• environmental restoration works
• holiday cabins
• home industries
• parking areas
• picnic areas and lookouts
• surf clubhouses
• utility installations
Demolition
Subdivision
Any development not included in Item 2, 3 or 4.
general principles for rural development—see clause 26
development in Zone No 7 (f)—see clause 30
dwellings—see clause 50
subdivision—see clause 43
The objectives of this zone are:
(a) to identify and protect natural habitats for conservation purposes, with particular attention being given to the protection of forest ecosystems, and
(b) to protect significant forested viewscapes within the Bellingen local government area, and
(c) to prohibit development that is likely to have a detrimental effect on the habitat or landscape, and
(d) to enable development that would not have a significant detrimental effect on the habitat.
Nil.
As specified in clause 7.
Any development not included in Item 2, 3 or 5.
Development for the purpose of:
• attached dual occupancies
• boarding-houses
• bulk stores
• bus depots
• bus stations
• car repair stations
• caravan parks
• churches
• clubs
• commercial premises
• exhibition homes
• generating works
• health consulting rooms
• hotels
• industries (other than home industries)
• institutions
• junk yards
• liquid fuel depots
• motels
• motor showrooms
• professional consulting rooms
• public buildings
• recreation vehicle areas
• residential flat buildings
• road transport terminals
• sawmills
• service stations
• shops
• stock and sale yards
• total destination resorts
• transport terminals
• units for aged persons
• vehicle body repair workshops
• warehouses
general principles for rural development—see clause 26
development in Zone No 7 (s)—see clause 31
dwellings—see clause 50
subdivision—see clause 43
The objective of this zone is to identify land included in national parks, nature reserves, Aboriginal areas and State recreation areas reserved or dedicated under the National Parks and Wildlife Act 1974.
Any development authorised by or under the National Parks and Wildlife Act 1974 and any ancillary or incidental development.
As specified in clause 7.
Nil.
Any development not included in Item 2, 3 or 4.
Nil.
The objective of this zone is to identify and preserve land intended to be acquired for new roads or the widening of existing roads.
Development for the purpose of:
• agriculture (not including activities involving the erection of a building or damage to vegetation that are not exempt development)
• roads
• road widening
As specified in clause 7.
Development for the purpose of:
• agriculture (not including agriculture allowed without development consent)
• bush fire hazard reduction works
• damage to vegetation
• environmental restoration works
• utility installations
Demolition
Subdivision
Any development not included in Item 2, 3 or 4.
acquisition of land—see clause 54
Nothing in this plan prevents the carrying out, with development consent, on land described in Schedule 6 of development described in relation to that land in that Schedule, subject to such requirements, if any, as are specified in that Schedule.
Consent may be granted to the carrying out on any land, for a maximum period of 28 days (whether consecutive or non-consecutive) in any 1 year, of development that would otherwise be prohibited by the provisions of this plan if the consent authority is satisfied that the development is compatible with the objectives of the zone in which the land is located.
Consent must not be granted to the erection of a building that would have a height of more than 10 metres.
A person must not subdivide land without development consent.
A person must not carry out development for the purpose of a dam without development consent, unless the work is exempt development.
Sawdust or sawmill waste must not be:
(a) burnt, or
(b) deposited on any land, whether by way of filling or otherwise, unless it is being used for landscaping as a mulch or weed suppressant material (or both),
without development consent.
A person must not carry out development within a waterbody or within 50 metres of the banks of a waterbody except with development consent, unless the development is exempt development.
Consent must not be granted to any such development unless the consent authority has made an assessment of the effect that the development is likely to have on:
(a) the stability of banks, and
(b) flows to and water table levels in any nearby wetland, and
(c) water quality,
and of the needs of existing and potential users of water downstream from the development.
A person must not carry out development on flood liable land except with development consent, unless the development is exempt development.
Subclause (1) does not apply to development for the purpose of agriculture that may otherwise be carried out on the land without development consent.
Consent must not be granted to the erection of a building or the carrying out of a work on flood liable land unless the consent authority is satisfied that:
(a) the development will not unduly restrict the flow characteristics of flood waters, and
(b) the development will not unduly increase the level of flooding on other land in the vicinity, and
(c) the structural characteristics of any building or works the subject of the application are capable of withstanding flooding, and
(d) the development does not involve any risk to life, human safety or private property in time of flood, and
(e) satisfactory arrangements have been or are to be made for access to the building or work during a flood.
Consent may be refused to development that, in the opinion of the consent authority, will:
(a) adversely affect the flood level at any point above or below the site of the development, or
(b) increase, to a substantial degree, the flow of water on any adjoining land, or
(c) cause soil erosion, siltation or destruction of river bank vegetation, or
(d) affect the water table of any adjoining land, or
(e) adversely affect river bank stability, or
(f) involve a risk to life, human safety or private property in time of flood.
Before granting consent to development, the consent authority must have regard to information, if any, provided by the Department of Public Works and Services or the Department of Land and Water Conservation as to the flooding characteristics of the land.
A person must not, without development consent, carry out on land within a class shown in Column 1 of the following Table the works described in Column 2 of that Table, except as provided by subclause (3).
Table
Column 1 | Column 2 |
Acid sulfate soil class as shown on the map | Works |
1 | Any works |
2 | Works below natural ground surface Works by which the watertable is likely to be lowered |
3 | Works beyond 1 metre below natural ground surface Works by which the watertable is likely to be lowered beyond 1 metre below natural ground surface |
4 | Works beyond 2 metres below natural ground surface Works by which the watertable is likely to be lowered beyond 2 metres below natural ground surface |
5 | Works within 500 metres of adjacent Class 1, 2, 3 or 4 land which are likely to lower the watertable below 1 metre AHD on adjacent Class 1, 2, 3 or 4 land |
For the purpose of this clause,
(a) any disturbance of soil which would result in more than 1 tonne of soil being disturbed on a holding in any 12-month period (including, among other activities, disturbance such as occurs in carrying out agriculture, construction or maintenance of drains, extractive industry, dredging, construction of artificial waterbodies such as canals, dams and detention basins, foundations, trenching or flood mitigation works), and
(b) any other works that are likely to lower the watertable.
Consent is not required by this clause for the carrying out of works if:
(a) a preliminary assessment of the works undertaken in accordance with the Acid Sulfate Soils Assessment Guidelines has been submitted to the Council, and
(b) the Council has provided written advice to the person proposing to carry out works confirming that results of the preliminary assessment indicate the works need not be carried out pursuant to an acid sulfate soil management plan prepared in accordance with the Acid Sulfate Soils Assessment Guidelines.
Consent required by this clause must not be granted unless the consent authority has considered:
(a) the adequacy of an acid sulfate soil management plan prepared for the development in accordance with the Acid Sulfate Soils Assessment Guidelines, and
(b) the likelihood of the development resulting in the discharge of acid water, and
(c) (Repealed)
This clause applies to coastal land situated east of or within 200 metres west of the back beach erosion escarpment other than that land in the vicinity of Mylestom that is east of the heavy broken red line shown on the map.
A person must not carry out development on land to which this clause applies except with development consent.
The consent authority may decline to grant development consent if it has not been supplied with a plan of survey delineating the distance specified in subclause (1) for the land to which the development application relates.
Consent must not be granted to development on land to which this clause applies unless the consent authority has:
(a) made an assessment of the stability of that land and the likely influence of coastal processes, and
(b) taken into consideration the potential impacts of climate change including sea level rise, and
(c) taken into consideration coastal erosion hazards.
This clause applies to land to which the NSW Coastal Policy 1997 applies.
Before granting consent to development, the consent authority must take into account:
(a) the NSW Coastal Policy 1997, and
(b) the Coastline Management Manual produced by the Department of Public Works in 1990, and
(c) the North Coast Design Guidelines produced by the Department of Planning in 1989.
Consent must not be granted to development that would impede any existing lawful public access to the foreshore.
Consent must not be granted to development that would result in beaches or waterfront open space being overshadowed before 3 pm midwinter (standard time) or 7 pm midsummer (daylight saving time).
Consent must not be granted to any development within a river or stream, coastal or inland wetland or fishery habitat area or within the drainage catchment of, or on land adjoining, a river or stream, coastal or inland wetland or fishery habitat area unless the consent authority has considered the following matters:
(a) the need to maintain or improve the quality and quantity of flows of water to the wetland or habitat, and
(b) the need to conserve existing amateur and commercial fisheries, and
(c) any loss of habitat which will or is likely to be caused by the development, and
(d) whether an adequate public foreshore reserve is available or is to be provided and, if so, whether there is or will be, adequate public access to that reserve, and
(e) whether the development will, or is likely to, result in pollution of the river, stream, wetland or habitat area and any measures to eliminate pollution, and
(f) the proximity of aquatic reserves declared under the Fisheries Management Act 1994 and the effect the development will have on these reserves, and
(g) whether the site of the development is State protected land within the meaning of the Native Vegetation Conservation Act 1997 and any measures to prevent soil erosion, and
(h) the need to ensure that native vegetation surrounding the wetland or fishery habitat area is conserved, and
(i) the recommendations of any environmental audit or water quality study prepared by the Department of Land and Water Conservation or the Environment Protection Authority relating to the river, stream, wetland, area or catchment of which the Council has been notified for the time being by that Department or Authority.
Consent must not be granted to development on or near any ridgeline where, in the opinion of the consent authority, that development is likely to substantially detract from the visual amenity of the area.
Consent must not be granted to development in the vicinity of a national park or nature reserve unless the consent authority has made an assessment of the effect the development will have on the environmental significance of the national park or nature reserve concerned.
This clause applies to land within Zone No 1 (a1), 1 (a2), 1 (c1), 1 (c2), 1 (c3), 1 (d), 1 (f), 7 (a), 7 (f) or 7 (s).
Consent must not be granted to any development unless the consent authority is satisfied that:
(a) each of the general principles set out in Schedule 7 has been complied with, in so far as it is relevant to the development, or
(b) if the development does not comply with any relevant general principle, the failure is due to a contradiction between the requirements made by two or more of those principles when applied to the development or is because the particular circumstances of the site make it impractical to comply with one or more of those principles.
Before granting any consent for tourism development, the consent authority must have regard to:
(a) the North Coast Region Tourism Development Strategy and the Tourism Development Along the New South Wales Coast: Guidelines, and
(b) if the development consists of or includes use of a natural tourism area for tourism purposes, the publication titled Tourism Development near Natural Areas: Guidelines for the North Coast regarding the location of facilities, the intensity of development and the means of access available from the site of the development to any adjoining natural areas.
The publications referred to in this subclause are available at the Grafton office of the Department.
Consent must not be granted for tourism development in rural areas unless the consent authority is satisfied that the development will be low-key and small-scale, and will incorporate ecotourism principles.
Consent must not be granted for any tourism development unless the consent authority is satisfied that:
(a) adequate access by road, railway or water transport (or any combination of them) exists or will be provided to service the development, and
(b) the development will not substantially detract from the visual amenity or be detrimental to any other significant feature of the natural environment.
Consent must not be granted for tourist facilities within Zone No 1 (a1) unless:
(a) the operation of the tourist facility on the land is to be undertaken in conjunction with the agricultural use of the land, and
(b) the operation of the tourist facility on the land will not conflict with adjoining agricultural uses.
Subclause (1) (a) does not apply where the development is on a holding with an area of not more than 5 hectares.
Before consent is granted for development within an open space zone, the consent authority must take the following matters into consideration:
(a) the need to retain the land for its existing and likely future use, and
(b) the need for the development on the land, and
(c) whether there are any alternatives to the development, and
(d) the impact of the development on the existing or likely future use and character of the land, and
(e) whether any building will be secondary and complementary to the existing or proposed use of the land as public open space, and
(f) whether the development will substantially diminish public use of and access to open space, and
(g) whether the development is compatible with adjacent uses in relation to its height, bulk and noise generation and any other aspects that might conflict with surrounding land uses, and
(h) whether the development will promote and be ancillary to the use and enjoyment of the land as distinct from satisfying a requirement generated by an adjoining land use or by an unassociated community need, and
(i) whether the development is consistent with any plan of management applying to the land under Division 2 of Part 2 of Chapter 6 of the Local Government Act 1993, and
(j) whether the development is compatible with the notified purpose if the land is a Crown reserve, and
(k) whether the development is consistent with any plan of management applying to the land adopted under section 114 of the Crown Lands Act 1989.
The Council must not grant consent to development within Zone No 7 (f) unless it has taken into consideration:
(a) the extent to which the development will result in the degradation of, or restriction of access to, coastal recreation areas, and
(b) the extent to which the development will adversely affect the scenic qualities of the coastal landscape, and
(c) the likelihood of the development adversely affecting or being adversely affected by coastal processes, and
(d) the potential impacts of climate change including sea level rise.
Consent must not be granted to development of land that is part of a holding that includes land within Zone No 7 (s) and in any other zone unless the development is to be carried out on part of the land that is not within Zone No 7 (s), except where the consent authority is satisfied that:
(a) the development is for the purpose of enhancing the biodiversity or natural scenic values of the land, or
(b) the characteristics of the part of the land concerned are different from the general characteristics on the basis of which the land was included in Zone No 7 (s),
and that there are no other reasonable or practical alternatives in the circumstances.
Consent must not be granted to development within Zone No 7 (s) unless the consent authority is satisfied that:
(a) the development is essential for the reasonable economic use of the land or the provision of utility services, and
(b) the development will be carried out in a manner which minimises:
(i) visual and scenic impact, and
(ii) the risk of soil erosion (including erosion by wind), and
(iii) the risk of water pollution, through increased siltation or otherwise, and
(iv) the destruction of rare or important vegetation systems, and
(c) the development is essential to reduce the risk of bush fire, and
(d) appropriate measures will be taken to retain existing vegetation or to rehabilitate the site, and
(e) the development will not adversely affect wildlife and wildlife movement patterns.
A person must not, in respect of a building, work, relic, tree or place that is a heritage item:
(a) demolish or alter the building or work, or
(b) damage or move the relic, or excavate for the purpose of exposing the relic, or
(c) damage or despoil the place or tree, or
(d) erect a building on or subdivide land on which the building, work or relic is situated or that comprises the place, or
(e) damage any tree on land on which the building, work or relic is situated or that comprises the place,
except with development consent, unless it is exempt development.
Consent must not be granted to a development application required by subclause (1) unless the consent authority has taken into consideration the extent to which the development will affect the heritage significance of the heritage item concerned and any stylistic or horticultural features of its setting.
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).
Consent must not be granted to development in the vicinity of a heritage item unless the consent authority has made an assessment of the effect the development will have on the heritage significance of the item and its setting.
A person must not, in respect of a conservation area:
(a) demolish or alter a building or work within the area, or
(b) damage or move a relic, or excavate for the purpose of exposing or removing a relic, within the area, or
(c) damage or despoil a place or tree within the area, or
(d) erect a building on or subdivide land within the area,
except with development consent, unless it is exempt development.
Consent must not be granted to a development application required by subclause (1) unless the consent authority has taken into consideration the extent to which the development will affect the heritage significance of the conservation area concerned.
Consent must not be granted to a development application required by subclause (1), being an application for consent to erect a new building or to alter an existing building within a conservation area, unless the consent authority has made an assessment of:
(a) the pitch and form of the roof, and
(b) the style, size, proportion and position of the openings for windows and doors, and
(c) whether the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building are compatible with the materials used in the existing buildings in the conservation area.
(Repealed)
Nothing in this plan prevents consent being granted to:
(a) the use, for any purpose, of a building that is a heritage item or of the land on which any such building is erected, or
(b) the use, for any purpose, of a building within a conservation area or of the land on which any such building is erected,
if the consent authority is satisfied that:
(c) the proposed use will have little or no adverse effect on the amenity of the locality, and
(d) the conservation of the building depends on consent being granted pursuant to this clause.
This clause applies to development on land:
(a) that has frontage to a main road or State highway, or
(b) that has a direct vehicular access to a main road or State highway by a right-of-way or other means, or
(c) that has a direct vehicular access to a road that intersects with a main road or State highway and the point of access is within 90 metres of the intersection of the road and the main road or State highway.
Consent must not be granted to development unless the consent authority is satisfied that:
(a) the development, by its nature or intensity, or the volume and type of traffic likely to be generated, is unlikely to constitute a traffic hazard or to materially reduce the capacity and efficiency of the main road or State highway, and
(b) the development is of a type, whether or not related to the characteristics of the land on which it will be carried out, that justifies a location in proximity to a main road or State highway, and
(c) the location, standard and design of access points, and on-site arrangements for vehicle movement and parking, ensure that through traffic movements on the main road or State highway will not be impeded, and
(d) the development will not prejudice future improvements or realignments to a main road or State highway, as have been indicated to the Council for the time being by the RTA, or any proposal of that Authority, of which the Council is aware, to proclaim part of the road as a controlled access road within the meaning of the Roads Act 1993.
A point of access to any main road or State highway must not be formed except with development consent.
Consent may be granted to development for the purpose of an industry or a rural enterprise on any land within Zone No 1 (a2), 1 (c2), 1 (c3) or 1 (d), or on land within Zone No 1 (a1) that is within 1 kilometre of land within Zone No 2 (b) at Dorrigo, but only if, in the opinion of the consent authority:
(a) the land is appropriately located in relation to urban areas, and
(b) the land is the most suitable and practicable available for that industry, rural industry or enterprise, and
(c) the industry, rural industry or enterprise could not otherwise be accommodated on land within Zone No 4, and
(d) the development will not adversely affect the use and enjoyment of any adjoining land, and
(e) the development will be located and designed to minimise any adverse environmental impact.
In the case of land within Zone No 1 (a1) that is within 1 kilometre of land within Zone No 2 (b) at Dorrigo, consent may be granted to development for any purpose other than an industry or rural enterprise (including development that would otherwise be prohibited by this plan), but only if:
(a) the development is primarily intended to result in the provision of services to the residents of Dorrigo and the surrounding district, and
(b) the consent authority is satisfied that no suitable land is available for the development within Zone No 2 (b) at Dorrigo.
This clause applies to land at Urunga generally bounded by the Kalang River, the Pacific Highway, the South Pacific Ocean and Hungry Head Road and including the localities of Newry Island, Yellow Rock, Urunga, South Urunga and Hungry Head.
Consent must not be granted to development within Zone No 2 (b) generally south of Hillside Drive on land to which this clause applies unless the consent authority is satisfied that:
(a) where the development involves the generation of domestic or other waste, it will be disposed of by a reticulated sewage system, and
(b) the development is designed to maximise the retention of existing vegetation but, if removal of existing vegetation is unavoidable, appropriate measures to re-establish vegetation will be implemented, and
(c) appropriate measures will be implemented during construction and after completion of the development to control stormwater flows, soil erosion and siltation of wetland areas, and
(d) the development is designed to minimise risk to life and property from bush fire and flood, and
(e) adequate steps have been taken to determine whether the land on which the development is to be carried out contains Aboriginal archaeological relics, and the development incorporates appropriate measures in respect of any identified relics, and
(f) the size and arrangement of allotments intended to be used for residential purposes are appropriate in relation to the efficiency of reticulated sewage systems, to the potential need for future resubdivision, and to the desirability of maintaining larger allotments adjacent to the Pacific Highway, the North Coast Railway, electricity easements, wetlands or watercourses, and
(g) the development is unlikely to prejudice the timing or nature of development of other land, and
(h) the development will not create or require vehicular access to the Pacific Highway other than by use of planned local roads and related intersections, except temporary access pending construction of those planned local access roads.
Despite any other provision of this plan, consent may be granted to development for the purpose of the following on the land to which this clause applies in Zone No 1 (c1) in the vicinity of Hungry Head Road:
(a) commercial premises with a floor area not exceeding 30 square metres,
(b) tourist facilities and shops associated with a tourist facility and located on the same land as the tourist facility.
Consent must not be granted to development on land which, on information supplied for the time being to the Council by the Department of Mineral Resources:
(a) contains recoverable extractive or mineral resources, or
(b) is the site of an existing mine or extractive industry, or
(c) is liable to slip or other movement associated with geological conditions,
or on land within 1 kilometre of any such land, unless the consent authority is satisfied that the development is unlikely to:
(d) be subject to hazards associated with blasting, mine subsidence, landslip or other land movement, or
(e) prejudice the recovery of extractive or mineral resources.
This clause applies to land within Zone No 1 (a1), 1 (a2), 1 (d), 7 (a), 7 (f) or 7 (s).
Consent must not be granted to subdivision of land to which this clause applies except in accordance with this clause.
Consent may be granted to subdivision of land located on the Dorrigo plateau where each allotment to be created by the subdivision has an area of not less than 70 hectares.
Consent may be granted to subdivision of land involving the creation of a
(a) the special purpose allotment will be of sufficient size for its intended use, and
(b) the agricultural potential of the other allotment or allotments resulting from the subdivision and of surrounding land will not be unreasonably reduced, and
(c) no accommodation will be required or expected in conjunction with the special purpose, and
(d) adequate consideration has been given to the future use of the allotment at any time at which the special use of the allotment might cease.
Consent may be granted to subdivision of land involving the creation of an allotment for a public reserve or other public purpose.
Consent may be granted to a boundary adjustment, but only if:
(a) the number of dwellings permissible under clause 50 (3) on the land following that adjustment is not greater than the number permissible immediately before the adjustment, and
(b) in the case of land on the Dorrigo plateau, each allotment to be created by the boundary adjustment has an area of not less than 70 hectares.
Consent must not be granted to a boundary adjustment pursuant to subclause (6) if the consent authority is of the opinion that:
(a) the agricultural potential of the land will be unreasonably reduced because of the adjustment, or
(b) the result of the adjustment will be to create unreasonable conflict between existing and likely future agricultural activities carried out on surrounding land and the activities to be carried out on the allotments following adjustment of the boundaries, or
(c) the size of the resulting allotments will be inconsistent with the subdivision pattern within the locality and such inconsistency is undesirable, or
(d) the resulting allotments will, by their shape, size and location, create unreasonable additional demand for services within the locality.
Where a holding includes land within a zone or zones referred to in subclause (1) and also within Zone No 2 (a), 2 (b), 3, 4, 5 or 6 (b), consent may be granted to subdivision of the holding to separate all of the land within the zones referred to in subclause (1) from all or part of the land within any other zone specified in this subclause.
Consent must not be granted to subdivision pursuant to subclause (8) if the consent authority is of the opinion that:
(a) the agricultural potential of land within Zone No 1 (a1) or 1 (a2) will be unreasonably reduced because of the subdivision, or
(b) the result of the subdivision will be to create unreasonable conflict between existing and likely future agricultural activities carried out on surrounding land and the activities to be carried out on the allotments following the subdivision, or
(c) the size of the resulting allotments will be inconsistent with the subdivision pattern within the locality and such inconsistency is undesirable, or
(d) the resulting allotments will, by their shape, size and location, create unreasonable additional demand for services within the locality, or
(e) the subdivision is likely to result in an undesirable proliferation of buildings.
Consent must not be granted to a subdivision pursuant to subclause (3), (4), (5), (6) or (8) where the land to be subdivided is located partly within Zone No 7 (a), 7 (f) or 7 (s) and partly within another zone referred to in subclause (1), unless the consent authority is satisfied that:
(a) each allotment to be created by the subdivision which, in the opinion of the consent authority, is likely to be used for a purpose that will involve the erection of buildings or the carrying out of works involving disturbance to the natural characteristics of the land, includes land on which the buildings and any associated principal development areas are to be located, or the disturbance is to be carried out, that is not within Zone No 7 (a), 7 (f) or 7 (s), and
(b) the subdivision and likely future use of the allotments to be created is not likely to have a detrimental effect on the environmental qualities of the land within Zone No 7 (a), 7 (f) or 7 (s).
Consent may be granted to subdivision to create an allotment that will contain land within Zone No 1 (c1) but only if:
(a) the area of each allotment created by the subdivision, other than an allotment for a public reserve or other public purpose, will be not less than 4,000 square metres, and
(b) the subdivision will not result in the average size of all allotments (exclusive of any allotment for a public reserve or other public purpose) created from land that was held in one ownership on 9 February 1990 being less than 8,000 square metres, and
(c) each allotment created by the subdivision, other than an allotment for a public reserve or other public purpose, will be capable of supporting a means of disposal of domestic sewage and waste water acceptable to the consent authority, and
(d) an adequate water supply is available to the land, and
(e) where the total number of dwellings permissible on the land pursuant to clause 50 (3) will be increased as a result of the subdivision, the land to be subdivided is, or as a result of the subdivision will be, linked by a bitumen sealed road, meeting contemporary engineering standards, to the nearest urban service centre.
Where land to be subdivided under subclause (1) is part of a holding that includes land within Zone No 1 (a1), 1 (a2), 1 (d), 7 (a), 7 (f) or 7 (s), that part of the holding within those zones (excluding any part on which a dwelling-house is permissible under clause 50 (3)) must be incorporated into a single new allotment to be created containing land within Zone No 1 (c1) under the provisions of subclause (1). The area of land in any of Zone No 1 (a1), 1 (a2), 1 (d), 7 (a), 7 (f) or 7 (s) is not to be included in the calculation of allotment sizes specified in subclause (1).
This clause applies to land within Zone No 1 (c1) on Newry Island, at Urunga.
Despite any other provision of this plan, consent must not be granted to subdivision of land to which this clause applies other than a boundary adjustment or subdivision to create an allotment for a public reserve or other public purpose.
Consent may be granted to a boundary adjustment only if the number of dwellings permissible under clause 50 (3) on the land following the adjustment is not greater than the number permissible immediately before the adjustment.
Consent may be granted to subdivision to create an allotment that will contain land within Zone 1 (c2) but only if:
(a) the area of each allotment created by the subdivision other than an allotment for a public reserve or other public purpose will be not less than 2 hectares, and
(b) the subdivision will not result in the average size of all allotments, exclusive of any allotment for a public reserve or other public purpose, and any allotment larger than 20 hectares created from land that was held in one ownership on 9 February 1990 being less than 5 hectares, and
(c) each allotment created by the subdivision, other than an allotment for a public reserve or other public purpose, will be capable of supporting a means of disposal of domestic sewage and waste water acceptable to the consent authority, and
(d) where the total number of dwellings permissible on the land pursuant to clause 50 (3) will be increased as a result of the subdivision, the land to be subdivided is, or as a result of the subdivision will be, linked by a bitumen sealed road, meeting contemporary engineering standards, to the nearest urban service centre.
Where land to be subdivided under subclause (1) is part of a holding that includes land within Zone No 1 (a1), 1 (a2), 1 (d), 7 (a), 7 (f) or 7 (s), that part of the holding within those zones (excluding any part on which a dwelling-house is permissible under clause 50 (3)) must be incorporated into a single new allotment to be created containing land within Zone No 1 (c2) under the provisions of subclause (1). The area of land in any of Zone No 1 (a1), 1 (a2), 1 (d), 7 (a), 7 (f) or 7 (s) is not to be included in the calculation of allotment sizes specified in subclause (1).
This clause applies to land within Zone No 1 (c1) or 1 (c2) shown stippled on the map.
Land to which this clause applies is referred to in this clause as an
Consent may be granted to subdivision that will create an allotment within an excluded area which, in the opinion of the Council, will be used for the purpose of a dwelling, but only if:
(a) the Council has obtained the agreement in writing of the Director-General to a revised Bellingen Shire Rural Residential/Small Holding Release Strategy which meets the requirements set out in clause 20 (3) of the North Coast Regional Environmental Plan, and
(b) the subdivision is in accordance with that Strategy.
Notwithstanding subclause (3), consent may be granted to a boundary adjustment, but only if the number of dwellings permissible under clause 50 (3) on the land following that adjustment is not greater than the number permissible immediately before the adjustment.
Consent may be granted to subdivision to create an allotment that will contain land within Zone No 1 (c3) but only if:
(a) the area of each allotment created by the subdivision, other than an allotment for a public reserve or other public purpose, will be not less than 2 hectares, and
(a) a podiatrist registered under the Podiatrists Act 1989, and
(b) a chiropractor or osteopath or chiropractor and osteopath registered under the Chiropractors Act 2001 or Osteopaths Act 2001, and
(c) a physiotherapist registered under the Physiotherapists Act 2001, and
(d) an optometrist registered under the Optometrists Act 1930 or Optometrists Act 2002.
(a) an allotment not held in the same ownership as any adjoining or adjacent allotment, or
(b) the aggregation of all adjoining or adjacent allotments held in the same ownership (including land held under a Crown lease).
(a) the building does not occupy a floor space exceeding 50 square metres and is erected within the curtilage of the dwelling occupied by the person carrying on the industry or on adjoining land owned by that person, and
(b) the industry does not:
(i) interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, or
(ii) involve exposure to view from any adjacent premises or from any public place of any unsightly matter, or
(iii) require the provision of any essential service main of a greater capacity than that available in the locality.
(a) the employment of more than 2 persons other than those residents, or
(b) interference with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, or
(c) the display of goods, whether in a window or otherwise, or
(d) the exhibition of any notice, advertisement or sign (other than a notice or sign exhibited on the dwelling or the land on which the dwelling is situated to indicate the name and occupation of the resident), or
(e) the sale of items (whether goods or materials) or the exposure or offer for sale of items, by retail, or
(f) a bed and breakfast establishment or a tourist facility.
(a) ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or refreshment rooms and ancillary accommodation for persons receiving health care or for their visitors, and
(b) facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers, and whether or not any such use is a commercial use.
(a) a main road or arterial road, or
(b) a road connecting with a main road or arterial road, if the whole or any part of the frontage is within 90 metres (measured along the road alignment of the connecting road) of the alignment of the main road or arterial road.
(a) adjoins a national park, nature reserve or State recreation area within the meaning of the National Parks and Wildlife Act 1974, or a State forest, or
(b) comprises or is adjacent to predominantly Crown land, or
(c) is, in the opinion of the Council, a natural area with qualities which make it a major attraction.
(a) that, by reason of its level, nature, character or quality, or the time at which it is made, or any other circumstances:
(i) is harmful to (or is likely to be harmful to) a person who is outside the premises from which it is emitted, or
(ii) interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or repose of a person who is outside the premises from which it is emitted or
(b) that is of a level, nature, character or quality prescribed by the regulations under the Protection of the Environment Operations Act 1997 or that is made at a time, or in other circumstances, prescribed by those regulations.
(a) a public reserve, public bathing reserve, public baths or public swimming pool, or
(b) a public road, public bridge, public wharf or public road-ferry, or
(c) a Crown reserve comprising land reserved for future public requirements, or
(d) public land or Crown land that is not:
(i) a Crown reserve (other than a Crown reserve that is a public place because of paragraph (a), (b) or (c)), or
(ii) a common, or
(iii) land subject to the Trustees of Schools of Arts Enabling Act 1902, or
(iv) land that has been sold or leased or lawfully contracted to be sold or leased.
(a) railway, road transport, water transport, air transport, wharf or river undertakings,
(b) undertakings for the supply of water, hydraulic power, gas or electricity (including transmission towers and the like) or the provision of sewerage or drainage services,
and a reference to a person carrying on a public utility undertaking shall be construed as including a reference to a council, county council, Government Department, corporation, firm or authority carrying on the undertaking.
(a) in Zones Nos 2 (a) and No 2 (b), the area behind the front alignment of the dwelling (relative to the road), and
(b) in zones other than Zones Nos 2 (a) and 2 (b), any area at least 20 metres from the road boundary and capable of being screened from view from the road.
(a) a children’s playground, or
(b) an area used for sporting activities or sporting facilities, or
(c) an area used by the Council or a public authority to provide recreational facilities for the physical, cultural or intellectual welfare of the community, or
(d) an area used by a body of persons associated for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes,
but does not include a racecourse or a showground.
(a) the making of structural changes to the inside or 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 or the painting, plastering or other decoration of the outside of the building or work.
(a) any allotment created in accordance with the provisions of Interim Development Order No 1—Shire of Bellingen or a consent granted pursuant to State Environmental Planning Policy No 1—Development Standards because any of the requirements made by those provisions was unreasonable or unnecessary and on which a dwelling-house was permissible under the planning instrument that applied when the allotment was created or that was a special purpose allotment, and
(b) any allotment created in accordance with the provisions of clause 9, 13, 14, 15 or 15A of Bellingen Local Environmental Plan 1990 or a consent granted pursuant to State Environmental Planning Policy No 1—Development Standards because any of the requirements made by those provisions was unreasonable or unnecessary, and
(c) any land that is subject to a development consent for a dwelling-house or expanded dwelling granted pursuant to the provisions of Interim Development Order No 1—Shire of Bellingen or clause 17 (3) (a) of Bellingen Local Environmental Plan 1990, or a consent granted pursuant to State Environmental Planning Policy No 1—Development Standards because any of the requirements made by those provisions was unreasonable or unnecessary, but only if that consent has not lapsed, and
(d) any allotment created for a public reserve or other public purpose, and
(e) any land that is a State forest within the meaning of the Forestry Act 1916, and
(f) any land that is reserved or dedicated under the National Parks and Wildlife Act 1974, and
(g) any land that is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for environmental protection purposes.
(a) the sale by retail of spare parts and accessories for motor vehicles,
(b) the retail selling or hiring of small consumer goods,
(c) washing and greasing of motor vehicles,
(d) installation of accessories,
(e) 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) perennial means a stream that flows continuously—these streams are generally associated with a water table in the localities through which they flow, and(b) intermittent or seasonal means a stream that flows only in certain times of the year, and(c) ephemeral means a stream that flows only in direct response to rainfall, and whose channel is mostly above the water table.
The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.
• Bellingen Local Environmental Plan 2003 (Amendment No 3)
• Bellingen Local Environmental Plan 2003 (Amendment No 4)
• Bellingen Local Environmental Plan 2003 (Amendment No 6)
(a) a height of 3 metres or more, or
(b) a branch and canopy spread of 3 metres or more, or
(c) at least one trunk with a girth of 300 millimetres or more at a height of 1 metre.
(a) a lake, lagoon or wetland, or
(b) a stream, or
(c) tidal waters including any bay, estuary or inlet.
(a) an allotment not held in the same ownership as any adjoining or adjacent allotment, or
(b) the aggregation of all adjoining or adjacent allotments held in the same ownership (including land held under a Crown lease),
as at 12 September 1969.
(a) an allotment not held in the same ownership as any adjoining or adjacent allotment, or
(b) the aggregation of all adjoining or adjacent allotments held in the same ownership (including land held under a Crown lease),
as at 9 February 1990, but only if the land has a total area of not less than 40 hectares all of which, before that date, formed part of a single 1969 existing holding.
(a) an allotment not held in the same ownership as any adjoining or adjacent allotment, or
(b) the aggregation of all adjoining or adjacent allotments held in the same ownership (including land held under a Crown lease),
as at 18 June 1996, but only if the land has a total area of not less than 40 hectares all of which, before that date, formed part of a single 1969 existing holding.
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