Byron Local Environmental Plan 1988 (NSW)
This plan may be cited as Byron Local Environmental Plan 1988.
The aim of this plan is to promote sustainable development in Byron by furthering the objects of the Environmental Planning and Assessment Act 1979, particularly in regard to—
(a) the application to proposed development of guiding principles for the management, development and conservation of natural and human made resources (including natural areas, forests, coastal areas, water, agricultural land, extractive resources, towns, villages and cultural amenities) for the purpose of promoting the social and economic welfare of the community, protecting ecological and cultural heritage and achieving a better environment,
(b) the promotion and coordination of the orderly and economic use and development of land,
(c) the provision and coordination of community services and facilities,
(d) the protection of the environment, including the protection and conservation of native animals and plants, including threatened species, populations and ecological communities and their habitats,
(e) the provision of increased opportunity for public involvement and participation in environmental planning and assessment, and
(f) the protection and promotion of the use and development of land for arts and cultural activity, including music and other performance arts.
The objectives of this plan are—
(a) to enhance individual and community (social and economic) well-being by following a path of economic development that safeguards the welfare of future generations,
(b) to provide for equity within and between generations, and
(c) to protect biodiversity, and re-establish and enhance essential ecological processes and life support systems.
The objectives can be achieved through the implementation of the following guiding principles—
(a) The precautionary principle. The precautionary principle means that where there are threats of serious or irreversible damage to the community’s ecological, social or economic systems, a lack of complete scientific evidence should not be used as a reason for postponing measures to prevent environmental degradation. In some circumstances this will mean actions will need to be taken to prevent damage even when it is not certain that damage will occur.
(b) The principle of intergenerational equity. This principle means that the present generation must ensure that the health, integrity, ecological diversity, and productivity of the environment is at least maintained or preferably enhanced for the benefit of future generations.
(c) The principle of conserving biological diversity and ecological integrity. This principle aims to protect, restore and conserve the native biological diversity and enhance or repair ecological processes and systems.
(d) The principle of improving the valuation and pricing of social and ecological resources. This principle means that the users of goods and services should pay prices based on the full life cycle costs (including the use of natural resources at their replacement value, the ultimate disposal of any wastes and the repair of any consequent damage).
(e) The principle of eliminating or reducing to harmless levels any discharge into the air, water or land of substances or other effects arising from human activities that are likely to cause harm to the environment.
(f) The principle of encouraging a strong, growing and diversified economy that promotes local self reliance, and recognises and strengthens the local community and its social capital in ways that safeguard the quality of life of future generations.
(g) The principle of providing credible information in open and accountable processes to encourage and assist the effective participation of local communities in decision making.
The Council shall grant consent to the carrying out of development on land to which this plan applies only where the Council is of the opinion that the carrying out of the development is consistent with the aim, objectives and guiding principles of this plan.
Before determining a development application, the council shall have regard to the information, guidelines and recommendations in the following strategies, policies and studies adopted by the council—
(a) State of the Environment Report,
(b) Byron Flora and Fauna Study,
(c) Byron Biodiversity Conservation Strategy,
(d) Byron Rural Settlement Strategy,
(e) Small Towns and Villages Settlement Strategies,
(f) Coastline Management Plan.
This plan applies to all land within the local government area of Byron.
This plan—
(a) repeals the environmental planning instruments referred to in subclause (2), and
(b) (Repealed)
The following environmental planning instruments are repealed—
(a) Interim Development Order No 1—Municipality of Mullumbimby,
(b) Byron Local Environmental Plans Nos 1–16, and
(c) such other deemed environmental planning instruments and local environmental plans as, immediately before the appointed day, applied to the land to which this plan applies, to the extent to which those instruments and plans so applied to that land.
(Repealed)
Terms used in this plan that are defined in the Dictionary at the end of this plan have the meaning set out in the Dictionary.
In this plan—
(a) a reference to 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 reference to a map is a reference to a map deposited in the office of the council, and
(c) a reference to land within a zone specified in the Table to clause 9 is a reference to land shown on the map in the manner indicated in clause 8 as the means of identifying land of the zone so specified, and
(d) a reference in relation to land, to the adopted flood level is a reference to the height above Australian Height Datum to which the council has determined that a flood is likely to rise in respect of that land, and
(e) a reference to a report, study, strategy or plan referred to in clause 2A(2) is a reference to such a report, study, strategy or plan in force from time to time and deposited in the office of the council.
Notes included in this plan do not form part of this plan.
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.
A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.
The council shall be the consent authority for the purposes of this plan.
For the purposes of this plan, land to which this plan applies shall be within a zone specified hereunder if the land is shown on the map in the manner specified hereunder in relation to that zone—
• Rural • Zone No 1 (a)—(General Rural Zone)—black edging, lettered “1 (a)” and coloured light brown.
• Zone No 1 (b1)—(Agricultural Protection (b1) Zone)—black edging, lettered “1 (b1)” and coloured light brown.
• Zone No 1 (b2)—(Agricultural Protection (b2) Zone)—black edging, lettered “1 (b2)” and coloured light brown.
• Zone No 1 (c1)—(Small Holdings (c1) Zone)—black edging, lettered “1 (c)” and coloured light brown.
• Zone No 1 (c2)—(Small Holdings (c2) Zone)—black edging, lettered “1 (c2)” and coloured light brown.
• Zone No 1 (d)—(Investigation Zone)—black edging, lettered “1 (d)” and coloured light brown.
• Zone No 1 (e)—(Extractive Resources Zone)—black edging, lettered “1 (e)” and coloured light brown.
• Zone No 1 (f)—(Forestry Zone)—black edging, lettered “1 (f)” and coloured light brown.
• Zone No 5 (b)—(High Hazard Flood Liable Zone) lettered “5 (b)” and coloured yellow.
• Urban • Zone No 2 (a)—(Residential Zone)—black edging, lettered “2 (a)” and coloured light scarlet.
• Zone No 2 (t)—(Tourist Area Zone)—black edging, lettered “2 (t)” and coloured light scarlet.
• Zone No 2 (v)—(Village Zone)—black edging, lettered “2 (v)” and coloured light scarlet.
• Zone No 3 (a)—(Business Zone)—black edging, lettered “3 (a)” and coloured light blue.
• Zone No 4 (a)—(Industrial Zone)—black edging, lettered “4 (a)” and coloured purple.
• Zone No 5 (a)—(Special Uses Zone)—black edging, lettered “5 (a)” and coloured yellow.
• Zone No 6 (a)—(Open Space Zone)—black edging, lettered “6 (a)” and coloured dark green.
• Zone No 6 (b)—(Private Open Space Zone)—black edging, lettered “6 (b)” and coloured dark green, with yellow edging.
• Environmental Protection • Zone No 7 (a)—(Wetlands Zone)—black edging, lettered “7 (a)” and coloured orange.
• Zone No 7 (b)—(Coastal Habitat Zone—black edging, lettered “7 (b)” and coloured orange.
• Zone No 7 (c)—(Water Catchment Zone)—black edging, lettered “7 (c)” and coloured orange.
• Zone No 7 (d)—(Scenic/Escarpment Zone)—black edging, lettered “7 (d)” and coloured orange.
• Zone No 7 (f1)—(Coastal Lands (f1) Zone)—black edging, lettered “7 (f1)” and coloured orange.
• Zone No 7 (f2)—(Urban Coastal Lands (f2) Zone)—black edging, lettered “7 (f2)” and coloured orange.
• Zone No 7 (j)—(Scientific Zone)—black edging, lettered “7 (j)” and coloured orange.
• Zone No 7 (k)—(Habitat Zone)—black edging, lettered “7 (k)” and coloured orange.
• Zone No 8 (a)—(National Parks and Nature Reserve Zone)—black edging, lettered “8 (a)” and uncoloured with dark green edging.
• Reservation • Zone No 9 (a)—(Proposed Road Zone)—black edging, lettered “9 (a)” and with a red and white band.
The objectives of each zone are set out in the table to his clause under the heading “Objectives of Zone” appearing in the matter relating to the zone.
Except as otherwise provided by this plan, in relation to land within a zone specified in the table to this clause, the purposes (if any) for which—
(a) development may be carried out without development consent,
(b) development may be carried out only with development consent,
(c) development is prohibited,
are specified under the headings “Without development consent”“Only with development consent” and “Prohibited”, respectively, appearing in the matter relating to the zone.
Except as otherwise provided by this plan, the council shall not grant consent to the carrying out of development on land to which this plan applies unless the Council is of the opinion that the carrying out of the development is consistent with the objectives of the zone within which the development is proposed to be carried out.
Development of minimal environmental impact and satisfying the provisions defining exempt development in Chapter 16 of the Byron 2010 DCP is
Development is
(a) is local development of a kind that can be carried out with consent on the land to which it is proposed, and
(b) satisfies the provisions defining complying development in Chapter 16 of the Byron 2010 DCP, and
(c) is not an existing use as defined in the Environmental Planning and Assessment Act 1979.
Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Chapter 16 of the Byron 2010 DCP.
A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Chapter 16 of the Byron 2010 DCP.
The objectives are—
(a) to encourage and permit a range of uses creating a pattern of settlement, at a scale and character that maintains or enhances the natural, economic, cultural, social and scenic amenity of the rural environment of the Shire of Byron,
(b) to encourage and permit a pattern of settlement which does not adversely affect the quality of life of residents and visitors and maintains the rural character,
(c) to ensure development only occurs on land which is suitable for and economically capable of that development and so as not to create conflicting uses,
(d) to allow the use of land within the zone for agricultural purposes and for a range of other appropriate purposes whilst avoiding conflict between other uses and intensive agriculture,
(e) to identify lands (shown hatched on the map) which in the opinion of the council possess a limited capability for more intensive uses or development,
(f) to restrict the establishment of inappropriate traffic generating uses along main road frontages other than in road side service areas,
(g) to ensure sound management of land which has an extractive or mining industry potential and to ensure that development does not adversely affect the potential of any existing or future extractive industry,
(h) to enable the provision of rural tourist accommodation and facilities only where such facilities are compatible with the form and density of the nature of the locality, and
(i) to permit the development of limited light industries which do not pose any adverse environmental impact, (eg software manufacture and film processing), and
(j) to ensure that the development and use of land shown cross-hatched on the map adjacent to areas of significant vegetation and wildlife habitat do not result in any degradation of that significant vegetation and wildlife habitat, and that any development conserves and protects and enhances the value of the fauna and flora.
Agriculture (other than animal establishments); bushfire hazard reduction; forestry.
Any purpose other than a purpose specified in item 2 or 4.
Brothels; bulk stores; caravan parks; commercial premises (other than veterinary establishments); drive-in banks; drive-in take-away food shops; educational establishments; industries (other than light industries using less than 100 square metres of floor area, or home, extractive or rural industries); hostels; hotels; motels; motor showrooms; recreation vehicle areas; residential flat buildings; restricted premises; shops (other than general stores); service stations; surf life saving facilities; tourist facilities; units for aged persons; warehouses.
The objectives are—
(a) to protect and enhance the long term potential of the Shire of Byron through the preservation of the higher quality agricultural land within the zone and to restrict all forms of development within the zone which, in the opinion of the council, might prejudice such potential,
(b) to prevent fragmentation of rural holdings and to encourage consolidation of lot sizes for the purposes of agricultural and horticultural production,
(c) to enable agricultural support facilities to be carried out on land within the zone in a manner which does not significantly reduce the agricultural and horticultural production potential of land in the locality,
(d) to permit subdivision only where it is considered by the council to be necessary to maintain or increase agricultural production or to allow the conduct of any use permitted in this zone other than residential buildings, or where proven demand for legitimate agricultural or horticultural holdings of a smaller size is established,
(e) to restrict the establishment of inappropriate traffic generating uses along main road frontages, and
(f) to establish appropriate buffer zones between high quality agricultural land and other uses, particularly near the perimeter of such lands.
(g) (Repealed)
Agriculture (other than animal establishments); bushfire hazard reduction; forestry.
Any purpose other than a purpose specified in item 2 or 4.
Brothels; bulk stores; caravan parks; car repair stations; cemeteries; clubs; commercial premises; drive-in banks; drive-in take-away food shops; educational establishments; food shops; generating works; hospitals; hostels; hotels; industries (other than light industries using less than 100 square metres of floor area, or home, extractive or rural industries); institutions; junk yards; liquid fuel depots; markets; motels; motor showrooms; recreation areas; recreation vehicle areas; residential flat buildings; restricted premises; rural tourist facilities; service stations; shops (other than general stores); surf life saving facilities; tourist facilities; transport terminals; units for aged persons; warehouses; waste recycling centres.
The objectives are the same as those for Zone No 1 (b1).
The purposes are the same as those for Zone No 1 (b1).
The purposes are the same as those for Zone No 1 (b1).
The purposes are the same as those for Zone No 1 (b1).
The objectives are—
(a) to allow development of an essentially rural nature only in areas which, in the opinion of council, have adequate provision of services, are not so located as to jeopardise the efficient and economic future expansion of urban areas and where there will be no significant impact on agricultural activities or production,
(b) to make provision for small rural holdings in appropriate locations and in response to a genuine demand,
(c) to maintain a rural character in areas where small holdings are permissible,
(d) to control by means of a development control plan the location, form, character and density of permissible development, and
(e) to ensure that no development occurs within this zone until the likely impact of the development on the locality has been considered.
Agriculture (other than animal establishments); bushfire hazard reduction; forestry.
Any purpose other than a purpose specified in item 2 or 4.
Abattoirs; brothels; bulk stores; car repair stations; caravan parks, cemeteries; clubs; commercial premises; drive-in banks; drive-in take-away food shops; drive-in theatres; educational establishments; food shops; hospitals; hostels; hotels; industries (other than home industries); institutions; junk yards; liquid fuel depots; markets; mines; motels; motor showrooms; recreation vehicle areas; residential flat buildings; road transport terminals; rural tourist facility (other than bed and breakfast); restricted premises; sawmills; service stations; shops (other than general stores); stock and sale yards; surf life saving facilities; tourist facilities; transport terminals; units for aged persons; warehouses; waste recycling centres.
The objectives are the same as those for Zone No 1 (c1).
The purposes are the same as those for Zone No 1 (c1).
The purposes are the same as those for Zone No 1 (c1).
The purposes are the same as those for Zone 1 (c1).
The objectives are—
(a) to identify land which is to be investigated in respect of its suitability for rezoning for more intensive development,
(b) to ensure that development within the zone is compatible with the anticipated future development of the land,
(c) to ensure that development maintains the existing character of the locality and minimises disturbance to the scenic value of the escarpment and landscape through clearing, earthworks, access roads and construction of buildings,
(d) to ensure that development does not create unreasonable or uneconomic demands, or both, for provision or extension of public amenities or services, and
(e) (Repealed)
(f) to identify land requiring protection of significant vegetation and wildlife habitats, and to ensure that development does not adversely affect the integrity of the environment.
Agriculture (other than animal establishments); bushfire hazard reduction.
Bed and breakfast establishments; clearing of land; dwelling-houses; environmental facilities; extractive industries; home industries; plant nurseries; recreation areas; roads; roadside stalls; utility installations.
Any purpose other than a purpose specified in item 2 or 3.
The objectives are—
(a) to identify and ensure sound management of land which has an extractive or mining industry potential,
(b) to ensure that development on land within the zone is compatible with development for extractive industry and does not adversely affect the potential of any existing or future development of the land for extractive industry,
(c) to include land within the zone necessary to provide a buffer area around extractive resources,
(d) to require a management plan for quarries which designate that part of the property which is the operational portion of the quarry and that part which forms the buffer area. (The Management Plan shall also assess the environmental impact of noise and dust, pollution, visual impact, conflict with adjoining land uses, traffic generation and alternative methods of extraction).
Agriculture; bushfire hazard reduction.
Clearing of land; dwelling-houses; environmental facilities; extractive industries; forestry; home industries; industries (other than offensive or hazardous industries); plant nurseries; recreation vehicle areas; roads; utility installations.
Any purpose other than a purpose specified in item 2 or 3.
The objectives of this zone are to identify land for forestry purposes and to ensure that siltation of streams does not occur in areas required for water catchments.
Any purpose authorised under the Forestry Act 1916, or any purpose ancillary or incidental to such purpose; bushfire hazard reduction.
Utility installations.
Any purpose other than a purpose specified in item 2 or 3.
The objectives are—
(a) to make provision for certain suitable lands, both in existing urban areas and new release areas, to be used for the purposes of housing and associated neighbourhood facilities of high amenity and accessibility,
(b) to encourage a range of housing types in appropriate locations,
(c) to enable development for purposes other than residential purposes only if it is compatible with the character of the living area and has a domestic scale and character, and
(d) to control by means of a development control plan the location, form, character and density of permissible development.
Bushfire hazard reduction.
Any purpose other than a purpose specified in item 2 or 4.
Abattoirs; aerodromes; animal establishments; brothels; bulk stores; car repair stations; cemeteries and crematoriums; clubs; commercial premises; drive-in banks; drive-in takeaway food shops; drive-in theatres; extractive industries; forestry; generating works; heliports; hotels industries (other than home industries); institutions; junk yards; liquid fuel depots; markets; mines; motor showrooms; plant nurseries; recreation vehicle areas; restricted premises; roadside stalls; rural industries; rural tourist facilities; sawmills; service stations; shops (other than general stores and shops listed in Schedule 3), stock and sale yards; surf life saving facilities; tourist facilities; transport terminals; warehouses.
The objectives are—
(a) to identify land for tourist infrastructure and to encourage tourist accommodation and facilities,
(b) to permit tourist development and uses associated with, ancillary to, or supportive of, tourist developments including retailing and service facilities where such facilities are an integral part of the tourist development and are of a scale relative to the needs of that development, and
(c) to control by means of a development control plan the location, form, character and density of permissible development.
Bushfire hazard reduction.
Agriculture; child care centres; clearing of land; clubs; community buildings; draining; environmental facilities; hotels; home occupations; motels; places of assembly; purposes referred to in Schedule 4; recreation areas; recreation establishments; roads; tourist facilities; transport terminals; utility installations.
Any purpose other than a purpose specified in item 2 or 3.
The objectives are—
(a) to make provision for certain suitable lands to be used for small rural village purposes or integrated newly developing residential neighbourhoods,
(b) to encourage a range of housing types in appropriate locations,
(c) to enable development for retail commercial and service purposes for the local and nearby rural community in appropriate locations within the zone where the scale and type of development is compatible with living areas,
(d) to ensure that development does not take place unless adequate provision is made for water supply and sewerage disposal, and the likely impact of the development on the locality has been considered,
(e) to ensure by means of a development control plan the location, form, character and density of permissible development, and
(f) to ensure that new development retains and enhances the existing village character or proposed residential neighbourhood character.
Bushfire hazard reduction.
Any purpose other than a purpose specified in item 2 or 4.
Abattoirs; animal establishments; brothels; cemeteries; drive-in banks; drive-in take-away food shops; extractive industries; junk yards; liquid fuel depots; mines; offensive or hazardous industries; recreation vehicle areas; restricted premises; rural tourist facilities; sawmills; stock and sale yards; surf life saving facilities.
The objectives are—
(a) to encourage the development and expansion of business activities which will contribute to economic growth and employment opportunities within the Shire of Byron,
(b) to facilitate the establishment of retail, commercial, tourist and professional services to meet the needs of the community and which are compatible within the surrounding urban environment,
(c) to permit non-commercial development within the zone where such development is compatible with the commercial character of the locality,
(d) to allow detailed provisions to be made, by means of a development control plan, to set aside specific areas within the zone for particular intensities of commercial, retail and other uses,
(e) to ensure there is adequate provision for car parking facilities within the vicinity of the zone, and
(f) to minimise conflicts between pedestrians and vehicular movement systems within the vicinity of the zone.
Bushfire hazard reduction.
Any purpose other than a purpose specified in item 2 or 4.
Abattoirs; brothels; caravan parks; cemeteries and crematoriums; drive-in banks; drive-in take-away food shops; dwelling-houses or residential flat buildings other than those physically attached to or used on conjunction with purposes permissible with development consent; extractive industries; generating works; heliports; hospitals; industries (other than light industries); institutions; junk yards; liquid fuel depots; mines; recreation vehicle areas; roadside stalls; rural tourist facilities; sawmills; stock and sale yards; surf life saving facilities; transport terminals (other than bus stations and bus depots); waste recycling centres.
The objectives are—
(a) to set aside certain land for the purposes of industry within convenient distances of the urban centres of the Shire of Byron and with good access to arterial roads,
(b) to enable certain forms of development compatible with or ancillary to the industrial uses of the land,
(c) to allow detailed provision to be made, by means of a development control plan, to set aside specific areas within the zone for different industry types and intensities of development,
(d) to ensure industrial development creates areas which are pleasant to work in, safe and efficient in terms of transportation, land utilisation and service distribution, and
(e) to permit tourist facilities where it can be demonstrated that the development is ancillary to the industrial use of the land.
Bushfire hazard reduction.
Any purpose other than a purpose specified in item 2 or 4.
Bed and breakfast establishments; boarding-houses; caravan parks; commercial premises (other than veterinary establishments and other commercial premises used in conjunction with an industry or situated on the same land as an industry or any other commercial land use included in Schedule 5); drive-in banks; drive-in take-away food shops; dwelling-houses (other than used in conjunction with industry and situated on the same site as the industry); educational establishments; extractive industries; hospitals; hostels; hotels; institutions; markets; mines; motels; public buildings; recreation vehicle areas; residential flat buildings (other than those used in conjunction with industry and situated on the same site as the industry); rural tourist facilities; shops (other than those situated on land on which industry is conducted and used for the purpose of the sale of goods manufactured on the land or those referred to in Schedule 5); stock and sale yards; surf life saving facilities; tourist facilities (other than those used in conjunction with an industry and situated on the same land as the industry); units for aged persons.
The objectives of this zone is to designate land for certain community facilities and services including areas for off-street parking in private ownership.
Bushfire hazard reduction.
Drainage; markets; roads; the particular purpose indicated by black lettering on the map; utility installations; any other public purpose.
Any purpose other than a purpose specified in item 2 or 3.
The objectives are—
(a) to identify land within the high hazard flood storage or flood way area which has little potential for any development and which should be kept free of development liable to be damaged by flood waters and development which is likely to adversely affect the flow of flood waters, and
(b) to ensure the proper management of land within this zone which is of environmental significance by prohibiting or controlling development likely to have an adverse effect on the environmental value of that land.
Agriculture (other than animal establishments); bushfire hazard reduction.
Environmental facilities; recreation areas; roads; utility installations (other than generating works).
Any purpose other than a purpose specified in item 2 or 3.
The objectives are—
(a) to ensure that there is adequate provision of both active and passive open space to serve the present and future recreational needs of residents and visitors,
(b) to identify land where existing recreation facilities for the general use of the community are provided,
(c) to provide opportunities to enhance the total environmental quality of the Shire of Byron,
(d) to encourage plans of management for Crown Lands as required by the Local Government Act 1993.
Works for the purposes of landscaping and bushfire hazard reduction.
Agriculture (other than animal establishments); child care centres; cycleways; drainage; environmental facilities; markets; primitive camping grounds; recreation areas; restaurants; roads; recreation vehicle areas; showgrounds; utility installations.
Any purpose other than a purpose specified in item 2 or 3.
The objective is to identify private land which is set aside for recreational and environmental purposes.
Work for the purposes of landscaping or bushfire hazard reduction.
Agriculture; clearing of land; clubs; commercial premises required in connection with a purpose referred to in this item; cycleways; drainage; dwelling-houses required for use or occupation by persons employed in connection with a purpose referred to in this item; environmental facilities; markets; utility installations; racecourses; recreation areas; recreation vehicle areas; restaurants ancillary to a purpose for which development consent has been granted; showgrounds.
Any purpose other than a purpose specified in item 2 or 3.
The objectives are—
(a) to identify all lands covered by State Environmental Planning Policy No 14—Coastal Wetlands,
(b) to identify and preserve estuaries and wetlands and allow them to continue to function as feeding and breeding areas for wildlife, shellfish and fish,
(c) to prohibit development within the zone that is likely to have a detrimental effect on the habitat or landscape qualities or the flood mitigation function of the wetlands,
(d) to enable development of public works and environmental facilities where such development would not have a significant detrimental effect on the habitat or landscape qualities of the wetland and other significant coastal habitat areas, and
(e) to enable the careful control of noxious plants and weeds by means not likely to be significantly detrimental to the native ecosystem.
Nil.
Agriculture (other than animal establishments); building of levees; bushfire hazard reduction; clearing of land; environmental facilities; drains; home industries. oyster farming; primitive camping grounds; roads; utility installations.
Any purpose other than a purpose specified in item 2 or 3.
The objectives are—
(a) to identify coastal habitats (being wetlands, heath, sedge, marshland, rainforest types, schlerophyll forest and the like) of local significance,
(b) to identify and preserve estuaries and other significant coastal habitat areas, wetlands and allow them to continue to function as feeding and breeding areas for wildlife, shellfish and fish,
(c) to prohibit development within the zone that is likely to have a detrimental effect on the habitat or landscape qualities or the flood mitigation function of significant coastal habitat areas, including wetlands,
(d) to enable development of public works and environmental facilities where such development would not have a significant detrimental effect on the habitat or landscape qualities of the wetland and other significant coastal habitat areas, and
(e) to enable the careful control of noxious plants and weeds by means not likely to be significantly detrimental to the native ecosystem.
Nil.
Agriculture (other than animal establishments); building of levees; bushfire hazard reduction; clearing of land; environmental facilities; drains; home industries; oyster farming; primitive camping grounds; roads; utility installations.
Any purpose other than a purpose specified in item 2 or 3.
The objectives are—
(a) to prevent development within the catchment of existing or future water supply systems which would have a significant detrimental effect on the quality or quantity of the water supply,
(b) to ensure that development maintains the rural character of the locality and minimises disturbances to the landscape through clearing, earthworks and access roads so as to avoid erosion,
(c) to ensure that development does not create unreasonable or uneconomic demands, or both, for provision or extension of public amenities or services,
(d) to enable the carrying out of appropriate uses on the land within the zone in a sound manner which conserves or enhances the environmental amenity of the locality,
(e) to ensure land uses which use pesticides and herbicides or other pollutants are kept to a minimum to maintain the quality of run off water, and
(f) to enable the careful control of noxious plants and weeds by means not likely to be significantly detrimental to the native ecosystem.
Agriculture (other than animal establishments).
Any purpose other than a purpose specified in item 2 or 4.
Abattoirs; aerodromes; animal establishments; brothels; bulk stores; bus depots; car repair stations; caravan parks; clubs; commercial premises; drive-in banks; drive-in take-away food shops; drive-in theatres; educational establishments; food shops; hospitals; hotels; industries (other than home industries); institutions; junk yards; liquid fuel depots; markets; mines; motels; motor showrooms; recreation vehicle areas; residential flat buildings; restricted premises; rural tourist facilities; sawmills; service stations; shops (other than general stores); stock an sale yards; transport terminals; warehouses; waste recycling centres.
The objectives are—
(a) to protect and enhance the scenic qualities of the Shire of Byron which enhance the visual amenity by controlling the choice and colour of building materials, position and bulk of buildings, access roads and landscaping,
(b) to prohibit development within the zone that is likely to have a visually disruptive effect on the scenic quality and visual amenity of the Shire,
(c) to enable development for certain purposes where such development would not have a detrimental effect on the scenic quality and visual amenity of the Shire,
(d) to minimise soil erosion from escarpment areas and prevent development in geologically hazardous zones, and
(e) to enable the careful control of noxious plants and weeds by means not likely to be significantly detrimental to the native ecosystem.
Nil.
Agriculture; bed and breakfast establishments; bushfire hazard reduction; car parks; clearing of land; drainage; dwelling-houses; environmental facilities; home industries; primitive camping grounds; restaurants; roads; utility installations.
Any purpose other than a purpose specified in item 2 or 3.
The objectives of the zone are—
(a) to identify and protect environmentally sensitive coastal land,
(b) to enable development for certain purposes where such development does not have a detrimental effect on the habitat, landscape or scenic quality of the locality,
(c) to prevent development which would adversely affect, or be adversely affected by, coastal processes, and
(d) to enable the careful control of noxious plants and weeds by means not likely to be significantly detrimental to the native ecosystem.
Nil.
Agriculture (other than animal establishments); beach and coastal restoration works; building of levees, drains or clearing of land; bushfire hazard reduction; clearing of land; community buildings; drainage; environmental facilities; forestry; home industries; markets; roads; primitive camping grounds; surf lifesaving facilities; utility installations.
Any purpose other than a purpose specified in item 2 or 3.
The objectives of the zone are—
(a) to identify urban land likely to be influenced by coastal processes,
(b) to permit urban development within the zone subject to the council having due consideration to the intensity of that development and the likelihood of such development being adversely affected by, or adversely affecting, coastal processes,
(c) to permit urban development within the zone subject to the council having due consideration to—
(i) the need to relocate buildings in the long term,
(ii) the need for development consent to be limited to a particular period,
(iii) the form, bulk, intensity and nature of the development, and
(iv) continued safe public access to the site, and
(d) to allow detailed provisions to be made, by means of a development control plan, to set aside specific areas within the zone for different land uses and intensities of development.
Bushfire hazard reduction.
Any purpose other than a purpose specified in item 2 or 4.
Abattoirs; aerodromes; brothels; bulk stores; car repair stations; cemeteries and crematoriums; drive-in banks; drive-in take-away food shops; extractive industries; forestry; generating works (including solar generating works); heliports; industries (other than light industries); institutions; junk yards; liquid fuel depots; mines; motor showrooms; recreation vehicle areas; roadside stalls; rural tourist facilities; sawmills; service stations; stock and sale yards; warehouses; waste recycling centres.
The objectives are—
(a) to identify and protect areas of scientific interest,
(b) to restrict and control development within the zone to that which is related to the scientific interest,
(c) to prohibit any activity likely to have a detrimental effect on the site,
(d) to encourage passive recreation and an understanding of natural systems where this will not have any detrimental effect on the site,
(e) to enhance the visual quality of the landscape, and
(f) to enable the careful control of noxious plants and weeds by means not likely to be significantly detrimental to the native ecosystem.
Nil.
Bushfire hazard reduction; environmental facilities.
Any purpose other than a purpose specified in item 2 or 3.
The objectives are—
(a) to identify and protect significant vegetation and wildlife habitats for conservation purposes,
(b) to prohibit development within the zone that is likely to have a detrimental effect on the wildlife habitats which exist,
(c) to enable the carrying out of development which would not have a significant detrimental effect on the wildlife habitats, and
(d) to enable the careful control of noxious plants and weeds by means not likely to be significantly detrimental to the native ecosystem.
Nil.
Agriculture (other than animal establishments and clearing of land); bushfire hazard reduction; environmental facilities; home industries; primitive camping grounds; roads; utility installations.
Any purpose other than a purpose specified in item 2 or 3.
The objectives are—
(a) to identify land which is reserved or dedicated under the National Parks and Wildlife Act 1974, and
(b) to allow for the management and appropriate use of that land as provided by that Act.
Any purpose authorised by the National Parks and Wildlife Act 1974, or any purpose ordinarily incidental or ancillary to such a purpose.
Nil.
Any purpose other than a purpose specified in item 2 or 3.
The objective of this zone is to set aside land (being land that the council or a Government instrumentality intends to acquire) for various proposed roads.
Bushfire hazard reduction.
In the case of land to be acquired for the purpose of arterial roads—arterial roads.
In the case of land to be acquired for the purpose of road widening—drainage; roads; recreation areas; utility installations.
Any purpose other than a purpose included in item 2 or 3.
A person shall not subdivide land to which this plan applies except with the consent of the council.
However, consent is not required for a subdivision under the Strata Schemes Development Act 2015 of a building erected on land within Zone No 2 (a), 2 (t), 2 (v), 3 (a), 4 (a) or 7 (f2) if—
(a) the building has been constructed in accordance with a development consent, or
(b) the building has been lawfully constructed without development consent.
Where land is zoned for the purpose of a proposed new road, the council shall not consent to a subdivision of land of which the proposed road forms part unless the subdivision makes provision for the opening of a road in reasonable conformity with the proposed road.
The council shall not consent to the subdivision of land for agriculture, forestry or a dwelling-house within the zones shown in Column 1 of the Table to this clause unless the area of each of the allotments to be created is not less than that shown opposite that zone in Column 2 of the Table and, in the opinion of the council, each allotment is of satisfactory shape and has a satisfactory frontage.
Column 1 | Column 2 |
Zone | Minimum Area ha |
Rural 1 (a) General Rural Zone | 40 |
Rural 1 (b1) Agricultural Protection (“b1”) Zone | 40 |
Rural 1 (b2) Agricultural Protection (“b2”) Zone | 20 |
Rural 1 (c1) Small Holdings (“c1”) Zone | 0.4 |
Rural 1 (c2) Small Holdings (“c2”) Zone | 0.2 |
Rural 1 (d) Investigation Zone | 40 |
Urban 2 (t) Tourist Area Zone | 1 |
Environmental Protection 7 (a) Wetlands Zone | 40 |
Environmental Protection 7 (b) Coastal Habitat Zone | 40 |
Environmental Protection 7 (c) Water Catchment Zone | 40 |
Environmental Protection 7 (d) Scenic/Escarpment Zone | 40 |
Environmental Protection 7 (f1) Coastal Lands Zone | 40 |
Environmental Protection 7 (j) Scientific Zone | 40 |
Environmental Protection 7 (k) Habitat Zone | 40 |
Notwithstanding subclause (1), the council may only consent to—
(a) the subdivision of any land within Zone No 1 (c1) where the number of allotments to be created by the subdivision for the purpose of a dwelling-house is not greater than the area of land divided by 2.5, and
(b) the subdivision of any land within Zone No 1 (c2) shown unhatched on the map—where the number of allotments to be created by the subdivision for the purpose of a dwelling-house is not greater than the area of land divided by 0.8, and
(c) the subdivision of any land within Zone No 1 (c2) shown hatched on the map—where the number of allotments to be created by the subdivision for the purpose of a dwelling-house is not greater than the area of land divided by 0.4.
In subclause (2)—
This clause applies to land within Zone No 1 (c1) or 1 (c2).
The Council must not consent to a subdivision for the purpose of rural residential development—
(a) if the subdivision will result in the creation of a number of allotments of land to which this clause applies during a 5-year period to be used for that purpose which will exceed the maximum number of allotments specified by the council for that period, or
(b) if there is no maximum number so specified for the current 5-year period.
This clause applies to certain land at Coorabell, within Zone No 1 (c1) and shown stippled on the map marked “Byron Local Environmental Plan 1988 (Amendment No 54)”.
The Council shall not consent to the subdivision of land to which this clause applies for the purpose of agriculture, forestry, a dwelling-house or a rural worker’s dwelling, unless the area of each of the allotments to be created is not less than 40 hectares.
(Repealed)
The council may consent to the subdivision of land within Zone No 1 (b2) (Agriculture Protection Zone) where the area of each allotment to be created by the subdivision is not less than 13 hectares.
In deciding whether to grant consent referred to in subclause (3), the matters which the council must take into consideration are—
(a) the area and quality of the land and its potential agricultural productivity,
(b) the likely effects, both economic and otherwise, that the proposed subdivision will have on agricultural industries in the area and the resources employed by or in connection with those industries,
(c) the likely effects, both economic and otherwise, that the proposed subdivision will have on the use and development of other land and resources in the area,
(d) whether there are any reasonable alternatives to the proposed subdivision in the circumstances,
(e) the effect of the existence of, or potential to erect, a dwelling,
(f) the cumulative effect of similar proposals if concurrence is granted,
(g) the likelihood of the proposed allotments remaining available for agricultural use, and
(h) the adequacy of the water supply to the proposed allotments.
This clause applies to and within Zones Nos 1 (c1) and 1 (c2).
(Repealed)
Subject to clause 11, the council may consent to the subdivision of land within Zone No 1 (c2) where—
(a) a reticulated town water supply can be provided to the land, and
(b) the subdivision is linked by a bitumen sealed road to the nearest urban service centre.
In this clause—
This clause applies to land within Zones Nos 2 (a), 2 (t) and 2 (v).
(Repealed)
The council shall not consent to the subdivision of the land in West Suffolk Park as shown on the map marked “Byron Local Environmental Plan 1988 (Amendment No 2)” unless drainage works have been constructed in those areas shown hatched on the map marked “Byron Local Environmental Plan 1988 (Amendment No 2)” to the satisfaction of the council’s chief engineer.
(Repealed)
In subclause (6),
The Council may only consent to the subdivision of the land in Ocean Shores shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 59)” into 2 allotments, with no more than one dwelling-house on each allotment so created.
The Council may consent to a subdivision of all or part of an original holding at Suffolk Park within Zone No 2 (a) shown hatched on the map marked “Byron Local Environmental Plan 1988 (Amendment No 19)” only if—
(a) the total number of allotments into which, after the subdivision, the original holding will be divided, will not exceed the number obtained by multiplying the area of the original holding in hectares by 5, and
(b) the Council is satisfied that the maximum possible number of trees will be retained on each proposed allotment.
The council may consent to the erection of a dwelling-house on land to which this clause applies only if its floor space ratio does not exceed 0.5:1.
This clause applies to land within Zone No 1 (a), 1 (b1), 1 (b2), 1 (c1), 1 (c2) 1 (d), 7 (c) or 7 (d).
A dwelling-house may not be erected on land to which this clause applies except in accordance with this clause.
In subclause (2A),
(a) an allotment, lot or portion in existence on the relevant day that was not on that day held in the same ownership as any adjoining or adjacent allotment, lot or portion, and that has not been subdivided since that day, or
(b) each area of land comprised of all adjoining or adjacent allotments, lots or portions that were held in the same ownership on the relevant day, and that have not been subdivided since that day.
In this definition,
(a) in the case of land formerly subject to Interim Development Order No 1—Shire of Byron, 8 November 1968, or
(b) in the case of land formerly subject to Interim Development Order No 1—Municipality of Mullumbimby, 9 November 1973.
Consent may be granted to the erection of a dwelling-house on land to which this clause applies only if there is no dwelling already on the land and only if the land is—
(a) an existing holding, or
(b) an allotment created in accordance with clause 11, 11B, 12(3) or 13, or
(c) a lot or portion referred to in Schedule 7, or
(d) if a deposited plan is referred to in Schedule 7 without reference to any particular lot or lots in it, any of the lots in the deposited plan, or
(e) a portion or a lot (not included by paragraph (c) or (d)) that was created between 8 November 1968 and 21 April 1988 under the provisions of Interim Development Order No 1—Shire of Byron or Interim Development Order No 1—Municipality of Mullumbimby and is subject to a certificate of subdivision signed during that period by the Council’s Clerk.
However, subclause (2A) does not prevent consent being granted to the erection of a dwelling-house on land described in that subclause that has been affected only by the following—
(a) a minor boundary adjustment, such as to rectify an encroachment on an allotment,
(b) a consolidation of lots, but not so as to reduce the area of the land on which the dwelling-house will be erected,
(c) excision of part of the land if the part is to be acquired by a public authority,
(d) excision of part of the land if the Council is satisfied the part is, or is intended to be, used for a public purpose.
The council shall not consent to the erection of a dwelling-house in accordance with this clause unless it has satisfied itself that the dwelling will have adequate access and services and will not cause significant adverse environmental impact.
(Repealed)
This clause applies to land within Zones Nos 1 (a), 1 (b1), 1 (b2), 1 (d), 7 (c) or 7 (d).
The council shall not consent to the erection of a rural workers’ dwelling on land to which this clause applies unless—
(a) the erection of the additional dwelling will not impair the suitability of the land for agriculture,
(b) the needs of existing agriculture genuinely require that rural workers reside on the land,
(c) any other rural workers’ dwellings on the land are being used by persons substantially engaged in agricultural employment on that land, and
(d) the rural worker to occupy the dwelling is to be employed by the owner of the land.
A rural worker’s dwelling may, with the consent of the council, be erected on a parcel of land to which this clause applies on which a rural worker’s dwelling is already in existence if the number of such dwellings does not exceed one for each 40 hectares of land contained within the parcel.
This clause applies to land within Zones Nos 1 (a), 1 (b1), 1 (b2), 1 (c1), 1 (c2), 1 (d), 2 (a), 2 (t), 2 (v), 7 (c), 7 (d) and 7 (f2).
In this clause,
Where in accordance with clause 9, development for the purpose of a dwelling-house may be carried out on an allotment of land within Zones Nos 2 (a), 2 (t), 2 (v) or 7 (f2), a person may, with the consent of council—
(a) erect a dual occupancy building on the allotment of land,
(b) alter or add to a dwelling-house erected on the allotment of land so as to create a dual occupancy building,
(c) erect 2 dwelling-houses on the allotment, or
(d) erect a dwelling-house in addition to one already erected on the allotment,
if, but only if, not more than 2 dwellings will be created or result on the allotment.
Where, in accordance with clause 9, development for the purpose of a dwelling-house may be carried out on an allotment of land within Zones Nos 1 (a), 1 (b), 1 (c1), 1 (c2), 1 (d), 7 (c) or 7 (d) to which this clause applies, a person may with the consent of the council—
(a) erect a dual occupancy building on the allotment of land, or
(b) alter or add to a dwelling-house erected on the allotment of land so as to create a dual occupancy building.
The council shall not grant consent as referred to in subclause (3) or (4) unless—
(a) arrangements satisfactory to it have been made for the provision of a water supply to each dwelling and for the disposal of sewage and stormwater from each dwelling, and
(b) the area of the allotment on which the dwellings are or will be erected is not less than 800 square metres.
Except as provided by subclause (7), the council shall not grant consent as referred to in subclause (3) or (4) unless the floor space ratio of any building on the land will not exceed 0.5:1.
Where—
(a) an application is made to the council in accordance with subclause (3) or (4) to alter or add to a dwelling-house to create a dual occupancy building, and
(b) the floor space ratio of the dwelling-house before it is altered or added to exceeds 0.5:1,
the council may consent to the application if the floor space ratio of the dual occupancy building to be created is not more than the floor space ratio of the dwelling-house before the alteration or addition.
Where, in accordance with this clause, a dual occupancy building is erected or created, or is proposed to be erected or created, on land within a rural zone, the separate occupation of the several lots illustrated by a proposed strata plan relating to that building is prohibited.
(Repealed)
This clause applies to land shown edged in heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No
67)” deposited in the office of the council (the
The objectives of this clause are—
(a) to enable—
(i) people to collectively own a single allotment of land and use it as their principle place of residence, and
(ii) the erection of multiple dwellings on the allotment and the sharing of facilities and resources, and
(iii) the collective environmental repair and management of the allotment, and
(iv) the pooling of resources to economically develop a wide range of communal rural living opportunities, and
(b) to facilitate closer rural settlement in a clustered style in a manner that—
(i) protects the environment, and
(ii) does not create an unreasonable demand for the provision of services or a demand for the uneconomic provision of services, and
(iii) does not involve subdivision, creation of
strata titles or any other form of separate land title for individual dwellings and does not involve separate legal rights of ownership of determined parts of the land through other means such as agreements, dealings, company shares, trusts or time-sharing arrangements, and
(c) to implement the aims, guiding principles, guidelines and performance standards for rural settlement in the Byron Rural Settlement Strategy 1998, available from the office of the council.
The council may grant consent—
(a) in the case of a parcel of the Amendment No 67 land—to development for the purpose of not more than 6 to 15 dwellings-houses (inclusive of any existing dwellings) on that parcel, and
(b) in the case of each parcel of Schedule 10 land identified in that Schedule—to development for the purpose of not more than the number of dwellings indicated for that parcel in Schedule 10 (inclusive of any existing dwellings) on that parcel.
Such a consent may be granted only if—
(a) the parcel of land comprises a single allotment, and
(b) except in the case of a parcel of Schedule 10 land, the area of the parcel is not less than 20 hectares, and
(c) the council is satisfied that the land will be managed in accordance with the following, both prepared to the council’s satisfaction and addressing the issues specified in the Byron Rural Settlement Strategy 1998—
(i) a Rural Landsharing Management Plan, and
(ii) an Environmental Enhancement and Management Plan, and
(d) the council has taken into account an Environmental Impact Assessment Report addressing the issues specified for such a report in the Byron Rural Settlement Strategy 1998, and
(e) in the case of an allotment of the Amendment No 67 land—
(i) the number of dwelling-houses (inclusive of any existing dwellings) on the allotment will not exceed one dwelling-house for each 3 hectares of the total area of the allotment, and
(ii) for each such dwelling-house there is not less than one hectare of developable land identified in accordance with the Byron Rural Settlement Strategy 1998, and
(f) the location of the dwelling-houses (excluding any existing dwelling or dwellings) is in a clustered style in accordance with the Byron Rural Settlement Strategy 1998.
Except as provided by clause 17B, if the council grants consent in accordance with this clause to development on a parcel of land to which this clause applies, subdivision of that parcel (including subdivision under the Community Land Development Act 1989 or subdivision by means of a strata plan or a strata plan of subdivision within the meaning of the Strata Schemes Development Act 2015 is prohibited.
This clause applies to land referred to in Schedule 13.
Community title subdivision of land to which this clause applies may, with development consent, be carried out in accordance with the requirements and conditions of Schedule 13 and this clause.
The total number of lots created must be equal to or less than that listed in Schedule 13 in relation to the land concerned.
Consent must not be granted to a development application for community title subdivision under this clause if the application was lodged more than 5 years after the date of gazettal of the plan that inserted the relevant item into Schedule 13.
Consent must not be granted to a development application for community title subdivision under this clause unless the Council has considered the following information in relation to the proposed development—
(a) a water management plan,
(b) an on-site sewage management plan,
(c) a waste management plan,
(d) an environmental repair and enhancement management plan,
(e) a bushfire management plan,
(f) a neighbourhood management statement, including but not limited to the following—
(i) provision for bushfire management,
(ii) a prohibition on domestic cats and dogs or provisions providing for their management,
(iii) provision for environmental repair and enhancement,
(iv) provision for waste management,
(v) provision for water management,
(vi) provision for on-site sewage management,
(vii) provision for design and construction of any new dwellings.
An environmental repair and enhancement management plan as referred to in subclause (5)(d) must address—
(a) the following—
(i) planting of not less than 900 native plants per dwelling-house or holiday cabin,
(ii) all plantings to be undertaken in priority areas for environmental repair to ensure the expansion of the following—
(A) wildlife corridors and connecting areas between vegetation remnants,
(B) existing vegetation remnants,
(C) habitats for threatened species and plant communities,
(D) riparian areas adjoining water courses,
(iii) all plantings to be based on locally sourced species,
(iv) the aims and objectives of environmental rehabilitation as they relate to flora and fauna communities and habitats,
(v) a detailed planting strategy incorporating the following—
(A) planting site preparation,
(B) specific locations,
(C) spacing and density,
(D) a species list,
(E) mature heights of tree and shrub species to be planted,
(F) establishment of planting areas,
(G) expected completion date for planting activities,
(H) a weed maintenance program,
(vi) a detailed regeneration and rehabilitation strategy incorporating the following—
(A) areas for regeneration and rehabilitation work,
(B) the activities proposed in each area,
(C) priority areas and timeframes for implementation in those areas, and
(b) the objectives and provisions of the Byron Biodiversity Conservation Strategy 2004, including but not limited to the following components—
(i) site plans identifying the location of the following—
(A) high conservation value vegetation,
(B) wildlife corridors,
(C) existing erosion and land degradation,
(D) streambanks, watercourses and drainage lines,
(E) environmental repair and enhancement zones,
(F) any proposed buffer plantings,
(G) any other relevant items,
(ii) where high conservation value vegetation and habitats occur on the land, specific management measures to ensure its conservation,
(iii) where a wildlife corridor occurs on the land, specific management measures to ensure its conservation,
(iv) measures to control and manage noxious and environmental weeds and introduced pest species,
(v) measures to protect steeply sloping areas and manage erosion and land degradation,
(vi) measures to manage sedimentation and prevent degradation of watercourses, creeks and drainage lines,
(vii) where threatened species or communities occur on the land, measures to manage and protect individuals or communities and their habitats,
(viii) measures to manage vegetation and habitats in asset protection zones,
(ix) measures to control and manage pollution of waterways and existing native vegetation from residential and agricultural use of the land,
(x) measures to address the provisions of any Council adopted guidelines for property or biodiversity management plans.
In this clause,
A person shall not, in respect of a building, work, relic or place that is an item of the environmental heritage—
(a) demolish, renovate or extend that building or work,
(b) damage or despoil that relic or place or any part of that relic or place,
(c) excavate any land for the purposes of exposing or removing that relic,
(d) erect a building on the land on which that building, work or relic is situated or on the land which comprises that place, or
(e) subdivide the land on which that building, work or relic is situated or the land which comprises that place,
except with the consent of the council.
This clause applies to those buildings, works, relics and places which are items of the environmental heritage.
The council shall not grant consent to a development application in respect of any item of the environmental heritage to which this clause applies unless it has made an assessment of—
(a) the significance of the item as an item of the environmental heritage of the Shire of Byron,
(b) the extent to which the carrying out of the development in accordance with the consent would affect the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the item and its site,
(c) whether any stylistic, horticultural or archaeological features of the item or its setting should be retained,
(d) whether the item constitutes a danger to the users or occupiers of that item or to the public, and
(e) where the item is a building—
(i) the colour, texture, style, size and type of finish of any materials to be used on the exterior of the building and the effect which the use of those materials will have on the appearance of the exterior of the building and any other building in the neighbourhood,
(ii) the style, size, proportion and position of openings for any windows and doors which will result from, or be affected by, the carrying out of the development, and
(iii) the pitch and form of the roof of the building.
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).
Nothing in this plan prevents the council from granting consent—
(a) to the use, for any purpose, of the land on which a building is erected, or
(b) to the use, for any purpose, of a building that is an item of the environmental heritage or of the land on which that building is erected,
where the council is satisfied that—
(c) the use would have little or no adverse effect on the amenity of the neighbourhood, and
(d) conservation of the building depends upon the council granting consent in pursuance of this clause.
(Repealed)
Subject to subclause (2), the provisions of sections 84, 85, 86, 87(1) and 90 of the Act apply to and in respect of—
(a) the demolition of a building or work that is an item of the environmental heritage, and
(b) the use of a building or land referred to in clause 20 for a purpose which, but for that clause would be prohibited under this plan,
in the same way as those provisions apply to and in respect of designated development.
Subclause (1) does not apply to the partial demolition of a building or work where, in the opinion of the council, the partial demolition is of a minor nature and does not adversely affect the significance of the building or work as part of the environmental heritage of the Shire of Byron.
This clause applies to all land to which this plan applies.
Pursuant to section 29 of the Act, development for the purpose of any permanent flood overflow or ocean entry is designated development for the purposes of the Act.
All components of any proposed flood mitigation works to implement any floodplain management plan for land in Ocean Shores to which Byron Local Environmental Plan 1988 (Amendment No 14) applies are, pursuant to section 29 of the Act, declared to be designated development.
(Repealed)
This clause applies to flood liable land.
Notwithstanding any other provision of this plan, a person shall not erect a dwelling-house, or any other building, or carry out filling or construction of levees on land that is flood liable, except with the consent of the council.
The council shall not consent to the erection of a building or the carrying out of a work on flood liable land unless—
(a) the council is satisfied that—
(i) the development would not restrict the flow characteristics of flood waters,
(ii) the development would not increase the level of flooding on other land in the vicinity,
(iii) the structural characteristics of any building or work the subject of the application are capable of withstanding flooding, and
(iv) the building is adequately flood proofed, and
(b) satisfactory arrangements are made for access to the building or work during a flood.
Despite any other provision of this plan, the council may grant consent to development for the purpose of modifying the hydraulic capacity of the Capricornia Canal culvert located on Kallaroo Circuit, Ocean Shores, as shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 132)”, if the council has considered—
(a) the environmental and ecological impact of the development, and
(b) the impact of the development on water quality in Capricornia Canal and Marshalls Creek and any measures that may be undertaken to avoid any degradation of water quality.
Nothing in this plan shall prevent the use, with the consent of the council, of a dwelling-house within Zone No 1 (c1), 1 (c2), 2 (a) or 2 (v) as an exhibition home provided that the dwelling-house is not situated on land having frontage to an arterial road.
(Repealed)
A person shall not, on an allotment of land which is within Zone No 1 (a), 1 (b1), 1 (b2), 1 (c1), 1 (c2), 7 (a), 7 (c), 7 (d) or 7 (f1), and which has a frontage to an arterial road as designated on the map, erect a building for any purpose closer than 55 metres from the boundary of the road.
Notwithstanding subclause (1), a person may, with the consent of the council, erect a building closer than 55 metres from the boundary of an arterial road as designated on the map, provided the council is satisfied that—
(a) the allotment of land is totally contained within 55 metres of the boundary of the road, or
(b) there is no alternative suitable building site due to levels, steepness, instability, flooding or other physical barrier, or
(c) the amenity of the immediate environment would be adversely affected by requiring the 55 metre setback to be maintained.
(Repealed)
Nothing in this plan prevents a person, with the consent of the council, from carrying out—
(a) a subdivision referred to in Schedule 8 on land referred to in that Schedule in relation to that subdivision, or
(b) other development on land referred to in that Schedule for a purpose specified in relation to that land in that Schedule,
subject to such conditions, if any, as are so specified.
Subclause (1) does not affect the application to or in respect of development to which that subclause applies, of such of the provisions of this plan as are not inconsistent with that subclause or with a consent granted by the council in respect of the development.
Any development that was lawfully being carried out on the land referred to in item 22 of Schedule 8 immediately before the amendment of that item by Byron Local Environmental Plan 1988 (Amendment No 93) may continue to be carried out as if that item had not been so amended.
This clause applies to Lot 103, DP 856767, North Ocean Shores, as shown edged heavy black and hatched on the map marked “Byron Local Environmental Plan 1988 (Amendment No 62)”.
Despite any other provision of this plan, the land to which this clause applies may be subdivided into not more than 8 lots (including not more than 7 lots identified for use for residential purposes) and a road.
The council shall not consent to subdivision of the land to which this clause applies unless it is satisfied that adequate road access is available to the land.
Not more than one dwelling-house may be erected on each allotment so created for residential purposes.
This clause applies to land within Zone No 3 (a), as shown on the map marked “Byron Local Environmental Plan 1988 (Amendment No 5)” deposited in the office of the council.
A person shall not carry out development on land to which this clause applies, except development for the purpose of the following which may be carried out only with the consent of the council—
• agriculture (other than animal establishments); building of levees; bush fire hazard reduction; clearing of land; environmental facilities; drains; home industries; oyster farming; primitive camping grounds; roads; utility installations.
(Repealed)
This clause applies to all land within Zone No 7 (d).
In this clause—
Before giving its consent to the erection of a building on land to which this clause applies, the council shall make an assessment as to whether it should impose conditions relating to—
(a) the use on the external surfaces of the building of prescribed materials,
(b) the number, type and location of existing trees and shrubs which are to be retained and the extent of landscaping to be carried out on the site, and
(c) the siting of the proposed buildings.
The council shall not consent to the erection of a building or the carrying out of other development on or near any ridgeline on land to which this plan applies unless no alternative location for the building or other development is available, in which case the following objectives to lessen the impact are to be considered before consent is granted—
(a) whether there will be adequate existing or proposed landscaping, trees or other vegetation which assist or are likely to assist in mitigating visual impact, and
(b) whether the proposed building design elements, materials of construction and proposed colours will mitigate potential adverse visual impact, including the reflectivity of materials to be used.
This clause applies to all land within Zone No 7 (f2).
A person shall not carry out development (other than exempt development) on land to which this clause applies except with the consent of the Council.
The Council, in deciding whether to grant consent to development referred to in subclause (2), shall take into consideration—
(a) the likelihood of the proposed development adversely affecting, or being adversely affected by, coastal processes,
(b) the need to relocate buildings in the long term,
(c) the need for the development consent to be limited to a particular period,
(d) the form, bulk, intensity and nature of the development, and
(e) continued safe public access to the site.
The council shall not consent to the carrying out of development on land shown edged heavy black and stippled on the map marked “Byron Local Environmental Plan 1988 (Amendment No 66)” for the purpose of clubs, commercial premises, hostels, hotels, motels, residential flat buildings, shops or tourist facilities or for a purpose that would otherwise be permissible with consent under clause 17 (Dual occupancy).
The Council must not consent to the subdivision of land within Zone No 7 (f2) other than—
(a) a subdivision under a strata plan that does not create a development lot, or
(b) a subdivision to excise an allotment that is, or that the Council is satisfied is intended to be, used for a public purpose, or
(c) a subdivision that, in the opinion of the Council, is only a boundary adjustment where no additional lots are created.
This clause applies to all land within Zone No 7 (f1).
A person shall not carry out development for any purpose on land to which this clause applies except with the consent of the council.
(Repealed)
The Council, in deciding whether to grant consent to development referred to in subclause (2), shall take into consideration—
(a) the likelihood of the proposed development adversely affecting, or being adversely affected by, coastal processes,
(b) the likelihood of the proposed development adversely affecting any dune or beach of the shoreline or foreshore,
(c) the likelihood of the proposed development adversely affecting the landscape, scenic or environmental quality of the locality of the land, and
(d) whether adequate safeguards and rehabilitation measures have been, or will be, made to protect the environment.
(e) (Repealed)
This clause applies to all land within rural zones where rural tourist facilities are permissible.
Development for the purpose of a rural tourist facility incorporating holiday cabins on land to which this clause applies—
(a) may only be carried out on a single allotment, and
(b) must not—
(i) exceed a total of 6 cabins, and
(ii) be carried out on an allotment with an area less than 20 hectares.
The council may grant consent for development for the purposes of rural tourist facilities on land within rural zones only where the council is satisfied that—
(a) (Repealed)
(b) the proposal incorporates adequate landscaping and screen plantings for visual amenity when viewed from a public road or dwelling-house on other land in the locality,
(c) (Repealed)
(d) the proposed development will have no adverse effect on the present and potential use, including agricultural use, of the land and of lands in the vicinity,
(e) there will be no adverse visual impact of the proposed development on the landscape,
(f) the proposed development will be low scale in nature, compatible with the rural environment and of minimal environmental impact,
(g) (Repealed)
(h) tourist accommodation is to be located so that it may benefit from existing road and physical service infrastructure, and
(i) all proposed buildings and other uses are clustered so as to reduce impact on rural amenity, and
(j) adequate separation distances will be incorporated to minimise the potential for land use conflict between the proposed rural tourist facility and existing or potentially conflicting land uses, such as intensive agriculture, quarries or animal establishments on adjoining or adjacent land.
This clause applies to land within Zone No 4 (a).
In this clause—
but does not include racecourses or showgrounds.
(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) publications classified Category 1 restricted or Category 2 restricted or RC under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth are shown, exhibited, displayed, sold or otherwise made accessible or available to the public, or
(b) a business to which section 578E (offences relating to advertising or displaying products associated with sexual behaviour) of the Crimes Act 1900 applies is conducted.
(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).
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.
• Byron Local Environmental Plan 1988 (Amendment No 1)
• Byron Local Environmental Plan 1988 (Amendment No 2)
• Byron Local Environmental Plan 1988 (Amendment No 5)
• Byron Local Environmental Plan 1988 (Amendment No 6) (Sheets 1 and 2)
• Byron Local Environmental Plan 1988 (Amendment No 7)
• Byron Local Environmental Plan 1988 (Amendment No 8)
• Byron Local Environmental Plan 1988 (Amendment No 9)
• Byron Local Environmental Plan 1988 (Amendment No 10)
• Byron Local Environmental Plan 1988 (Amendment No 14)
• Byron Local Environmental Plan 1988 (Amendment No 16)
• Byron Local Environmental Plan 1988 (Amendment No 19)
• Byron Local Environmental Plan 1988 (Amendment No 20)
• Byron Local Environmental Plan 1988 (Amendment No 21)
• Byron Local Environmental Plan 1988 (Amendment No 24)
• Byron Local Environmental Plan 1988 (Amendment No 27)
• Byron Local Environmental Plan 1988 (Amendment No 28)
• Byron Local Environmental Plan 1988 (Amendment No 30)
• Byron Local Environmental Plan 1988 (Amendment No 32)
• Byron Local Environmental Plan 1988 (Amendment No 36)
• Byron Local Environmental Plan 1988 (Amendment No 39)
• Byron Local Environmental Plan 1988 (Amendment No 40)
• Byron Local Environmental Plan 1988 (Amendment No 42)
• Byron Local Environmental Plan 1988 (Amendment No 45)
• Byron Local Environmental Plan 1988 (Amendment No 46)
• Byron Local Environmental Plan 1988 (Amendment No 48)
• Byron Local Environmental Plan 1988 (Amendment No 51)
• Byron Local Environmental Plan 1988 (Amendment No 53)
• Byron Local Environmental Plan 1988 (Amendment No 54)
• Byron Local Environmental Plan 1988 (Amendment No 55)
• Byron Local Environmental Plan 1988 (Amendment No 57)
• Byron Local Environmental Plan 1988 (Amendment No 59)
• Byron Local Environmental Plan 1988 (Amendment No 62)
• Byron Local Environmental Plan 1988 (Amendment No 64)
• Byron Local Environmental Plan 1988 (Amendment No 70)
• Byron Local Environmental Plan 1988 (Amendment No 71)
• Byron Local Environmental Plan 1988 (Amendment No 72)
• Byron Local Environmental Plan 1988 (Amendment No 74)
• Byron Local Environmental Plan 1988 (Amendment No 75)
• Byron Local Environmental Plan 1988 (Amendment No 78)
• Byron Local Environmental Plan 1988 (Amendment No 79)
• Byron Local Environmental Plan 1988 (Amendment No 81)
• Byron Local Environmental Plan 1988 (Amendment No 82)
• Byron Local Environmental Plan 1988 (Amendment No 91)
• Byron Local Environmental Plan 1988 (Amendment No 92)
• Byron Local Environmental Plan 1988 (Amendment No 98)
• Byron Local Environmental Plan 1988 (Amendment No 100)
• Byron Local Environmental Plan 1988 (Amendment No 105)
• Byron Local Environmental Plan 1988 (Amendment No 111)
• Byron Local Environmental Plan 1988 (Amendment No 114)
• Byron Local Environmental Plan 1988 (Amendment No 115)
• Byron Local Environmental Plan 1988 (Amendment No 125)
• Byron Local Environmental Plan 1988 (Amendment No 126)
• Byron Local Environmental Plan 1988 (Amendment No 137)
• Byron Local Environmental Plan 1988 (Amendment No 140)
• Byron Local Environmental Plan 1988 (Amendment No 142)
• Byron Local Environmental Plan 1988 (Amendment No 143)
• Byron Local Environmental Plan 1988 (Amendment No 144)
• Byron Local Environmental Plan 1988 (Amendment No 149)
• Byron Local Environmental Plan 1988 (Amendment No 153)
• Byron Local Environmental Plan 1988 (Amendment No 154)
Byron Local Environmental Plan 1988 published in Gazette No 77 of 22.4.1988, p 2341 (see also Gazette No 99 of 10.6.1988, p 3104) and amended in Gazettes No 72 of 9.6.1989, p 3406, No 83 of 14.7.1989, p 4326, No 92 of 1.9.1989, p 6428, No 102 of 20.10.1989, p 8699, No 44 of 30.3.1990, p 2657, No 51 of 20.4.1990, p 3324, No 115 of 21.9.1990, p 8512, No 137 of 2.11.1990, p 9675, No 112 of 2.8.1991, p 6340, No 15 of 31.1.1992, p 574, No 55 of 1.5.1992, p 3050, No 89 of 17.7.1992, p 5042 (see also GG No 93 of 31.7.1992, p 5400 and GG No 97 of 7.8.1992, p 5605), No 119 of 25.9.1992, p 7081, No 1 of 8.1.1993, p 19, No 5 of 15.1.1993, p 96, No 30 of 26.3.1993, p 1408, No 39 of 23.4.1993, p 1869, No 98 of 3.9.1993, p 5483, No 102 of 5.8.1994, p 4182, No 113 of 2.9.1994, pp 5548, 5549, No 143 of 21.10.1994, p 6394, No 150 of 11.11.1994, p 6718, No 162 of 2.12.1994, p 7126, No 3 of 13.1.1995, p 284, No 14 of 10.2.1995, p 774, No 34 of 24.3.1995, p 1664, No 86 of 14.7.1995, p 3719, No 88 of 21.7.1995, pp 3795, 3796, 3797, No 119 of 29.9.1995, p 6988, No 145 of 1.12.1995, p 8150, No 22 of 23.2.1996, p 773, No 84 of 12.7.1996, p 4043, No 87 of 19.7.1996, p 4157, No 93 of 9.8.1996, p 4560, No 122 of 1.11.1996, p 7288, No 18 of 14.2.1997, p 573, No 99 of 12.9.1997, pp 7947, 7948, 7950, No 32 of 20.2.1998, p 886, No 38 of 27.2.1998, p 1032, No 46 of 6.3.1998, p 1242, No 52 of 13.3.1998, p 1456, No 76 of 8.5.1998, p 3243, No 108 of 17.7.1998, pp 5526, 5532, No 115 of 31.7.1998, p 5859, No 171 of 11.12.1998, pp 9554, 9555, 9559 (On 22 December 1999, the Land and Environment Court of New South Wales in Belongil Progress Association Inc v Byron Shire Council and Anor[1999] NSWLEC 271 (File No: 40050 of 1999) declared that “Byron Local Environmental Plan Amendment No 66 (published in Gazette No 171 of 11.12.1998, p 9559) is invalid and of no effect”.), No 25 of 26.2.1999, p 1365, No 66 of 4.6.1999, p 3815, No 120 of 15.10.1999, pp 9971, 9972, No 137 of 3.12.1999, pp 11697, 11698 and No 139 of 10.12.1999, pp 11817, 11820 and as follows—
Byron Local Environmental Plan 1988 (Amendment No 82) (GG No 29 of 25.2.2000, p 1470)
Byron Local Environmental Plan 1988 (Amendment No 81) (GG No 35 of 10.3.2000, p 1841)
Byron Local Environmental Plan 1988 (Amendment No 70) (GG No 37 of 17.3.2000, p 2175)
Byron Local Environmental Plan 1988 (Amendment No 79) (GG No 42 of 31.3.2000, p 2741)
Byron Local Environmental Plan 1988 (Amendment No 77) (GG No 44 of 7.4.2000, p 2916)
Byron Local Environmental Plan 1988 (Amendment No 80) (GG No 44 of 7.4.2000, p 2918)
Byron Local Environmental Plan 1988 (Amendment No 78) (GG No 57 of 12.5.2000, p 3905)
Byron Local Environmental Plan 1988 (Amendment No 83) (GG No 71 of 16.6.2000, p 5019)
Byron Local Environmental Plan 1988 (Amendment No 84) (GG No 137 of 13.10.2000, p 11056)
Byron Local Environmental Plan 1988 (Amendment No 85) (GG No 141 of 27.10.2000, p 11455)
Byron Local Environmental Plan 1988 (Amendment No 88) (GG No 37 of 9.2.2001, p 620)
Byron Local Environmental Plan 1988 (Amendment No 89) (GG No 37 of 9.2.2001, p 621)
Byron Local Environmental Plan 1988 (Amendment No 66) (GG No 51 of 9.3.2001, p 1220)
Byron Local Environmental Plan 1988 (Amendment No 91) (GG No 86 of 18.5.2001, p 2613)
Byron Local Environmental Plan 1988 (Amendment No 92) (GG No 95 of 8.6.2001, p 3450)
Byron Local Environmental Plan 1988 (Amendment No 93) (GG No 100 of 22.6.2001, p 4361)
Byron Local Environmental Plan 1988 (Amendment No 95) (GG No 150 of 5.10.2001, p 8434)
Byron Local Environmental Plan 1988 (Amendment No 94) (GG No 48 of 22.2.2002, p 1044)
Byron Local Environmental Plan 1988 (Amendment No 99) (GG No 48 of 22.2.2002, p 1046)
Byron Local Environmental Plan 1988 (Amendment No 75) (GG No 59 of 15.3.2002, p 1670)
Byron Local Environmental Plan 1988 (Amendment No 98) (GG No 59 of 15.3.2002, p 1673)
Byron Local Environmental Plan 1988 (Amendment No 90) (GG No 65 of 22.3.2002, p 1748)
Byron Local Environmental Plan 1988 (Amendment No 86) (GG No 65 of 22.3.2002, p 1789)
Byron Local Environmental Plan 1988 (Amendment No 96) (GG No 65 of 22.3.2002, p 1798)
Byron Local Environmental Plan 1988 (Amendment No 102) (GG No 142 of 6.9.2002, p 7966)
Byron Local Environmental Plan 1988 (Amendment No 97) (GG No 246 of 6.12.2002, p 10469)
Byron Local Environmental Plan 1988 (Amendment No 100) (GG No 154 of 26.9.2003, p 9644)
Byron Local Environmental Plan 1988 (Amendment No 101) (GG No 178 of 7.11.2003, p 10414)
Byron Local Environmental Plan 1988 (Amendment No 103) (GG No 179 of 14.11.2003, p 10524)
Byron Local Environmental Plan 1988 (Amendment No 111) (GG No 198 of 24.12.2003, p 11639)
Byron Local Environmental Plan 1988 (Amendment No 113) (GG No 95 of 11.6.2004, p 3512)
Byron Local Environmental Plan 1988 (Amendment No 114) (GG No 112 of 2.7.2004, p 5634)
Byron Local Environmental Plan 1988 (Amendment No 116) (GG No 187 of 26.11.2004, p 8653)
Statute Law (Miscellaneous Provisions) Act (No 2) 2004 No 91. Assented to 10.12.2004. Date of commencement of Sch 2.7, assent, sec 2 (2).
State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2004 (GG No 201 of 17.12.2004, p 9590)
Byron Local Environmental Plan 1988 (Amendment No 105) (GG No 28 of 25.2.2005, p 506)
(551) | Byron Local Environmental Plan 1988 (Amendment No 117). GG No 113 of 9.9.2005, p 7330. Date of commencement, on gazettal. | |
(661) | Byron Local Environmental Plan 1988 (Amendment No 126). GG No 129 of 21.10.2005, p 8881. Date of commencement, on gazettal. | |
(759) | Byron Local Environmental Plan 1988 (Amendment No 122). GG No 142 of 25.11.2005, p 9769. Date of commencement, on gazettal. | |
(100) | Byron Local Environmental Plan 1988 (Amendment No 125). GG No 32 of 10.3.2006, p 1210. Date of commencement, on gazettal. | |
(393) | Byron Local Environmental Plan 1988 (Amendment No 124). GG No 90 of 7.7.2006, p 5343. Date of commencement, on gazettal. | |
(466) | Byron Local Environmental Plan 1988 (Amendment No 119). GG No 103 of 18.8.2006, p 6389. Date of commencement, on gazettal. | |
(749) | Byron Local Environmental Plan 1988 (Amendment No 121). GG No 183 of 15.12.2006, p 10997. Date of commencement, on gazettal. | |
(137) | Byron Local Environmental Plan 1988 (Amendment No 127). GG No 41 of 9.3.2007, p 1740. Date of commencement, on gazettal. | |
(203) | Byron Local Environmental Plan 1988 (Amendment No 134). GG No 66 of 11.5.2007, p 2698. Date of commencement, on gazettal. | |
(347) | Byron Local Environmental Plan 1988 (Amendment No 128). GG No 92 of 20.7.2007, p 4732. Date of commencement, on gazettal. | |
(515) | Byron Local Environmental Plan 1988 (Amendment No 132). GG No 151 of 19.10.2007, p 7838. Date of commencement, on gazettal. | |
(512) | Byron Local Environmental Plan 1988 (Amendment No 131). GG No 147 of 14.11.2008, p 10992. Date of commencement, on gazettal. | |
(513) | Byron Local Environmental Plan 1988 (Amendment No 136). GG No 147 of 14.11.2008, p 10995. 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. | |
(53) | Byron Local Environmental Plan 1988 (Amendment No 135). LW 20.2.2009. Date of commencement, on publication on LW. | |
(457) | Byron Local Environmental Plan 1988 (Amendment No 139). LW 20.8.2010. Date of commencement, on publication on LW, cl 2. | |
(506) | Byron Local Environmental Plan 1988 (Amendment No 137). LW 30.8.2010. Date of commencement, on publication on LW, cl 2. | |
(524) | Byron Local Environmental Plan 1988 (Amendment No 138). LW 10.9.2010. Date of commencement, on publication on LW, cl 2. | |
(569) | Byron Local Environmental Plan 1988 (Amendment No 140). LW 1.10.2010. Date of commencement, on publication on LW, cl 2. | |
(595) | Byron Local Environmental Plan 1988 (Amendment No 115). LW 15.10.2010. Date of commencement, on publication on LW, cl 2. | |
(596) | Byron Local Environmental Plan 1988 (Amendment No 141). LW 15.10.2010. Date of commencement, on publication on LW, cl 2. | |
(331) | Byron Local Environmental Plan 1988 (Amendment No 147). LW 1.7.2011. Date of commencement, on publication on LW, cl 2. | |
(386) | Byron Local Environmental Plan 1988 (Amendment No 143). LW 29.7.2011. Date of commencement, on publication on LW, cl 2. | |
(387) | Byron Local Environmental Plan 1988 (Amendment No 145). LW 29.7.2011. Date of commencement, on publication on LW, cl 2. | |
(388) | Byron Local Environmental Plan 1988 (Amendment No 146). LW 29.7.2011. Date of commencement, on publication on LW, cl 2. | |
(409) | Byron Local Environmental Plan 1988 (Amendment No 149). LW 12.8.2011. Date of commencement, on publication on LW, cl 2. | |
(434) | Byron Local Environmental Plan 1988 (Amendment No 142). LW 19.8.2011. Date of commencement, on publication on LW, cl 2. | |
(435) | Byron Local Environmental Plan 1988 (Amendment No 148). LW 19.8.2011. Date of commencement, on publication on LW, cl 2. | |
(472) | Byron Local Environmental Plan 1988 (Amendment No 144). LW 2.9.2011. Date of commencement, on publication on LW, cl 2. | |
(591) | Byron Local Environmental Plan 1988 (Amendment No 150). LW 18.11.2011. Date of commencement, on publication on LW, cl 2. | |
(238) | Byron Local Environmental Plan 1988 (Amendment No 152). LW 8.6.2012. Date of commencement, on publication on LW, cl 2. | |
(613) | Byron Local Environmental Plan 1988 (Amendment No 153). LW 25.10.2013. Date of commencement, on publication on LW, cl 2. | |
(725) | State Environmental Planning Policy Amendment (West Byron Bay) 2014. LW 14.11.2014. |
Date of commencement, on publication on LW, cl 2. | ||
(642) | Byron Local Environmental Plan 1988 (Amendment No 154). LW 20.10.2015. Date of commencement, on publication on LW, cl 2. | |
(168) | Byron Local Environmental Plan 1988 (Amendment No 155). LW 5.5.2017. Date of commencement, on publication on LW, cl 2. | |
(334) | Byron Local Environmental Plan 1988 (Amendment No 156). LW 12.7.2019. Date of commencement, on publication on LW, cl 2. | |
No 14 | Statute Law (Miscellaneous Provisions) Act (No 2) 2019. Assented to 21.11.2019. Date of commencement of Sch 2.3, 14 days after assent, sec 2(1). | |
(621) | State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019. Date of commencement of Sch 2.5, 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. | |
(66) | Byron Local Environmental Plan 2014 (Amendment No 17). LW 28.2.2020. Date of commencement, on publication on LW, 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. | |
(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. | |
(554) | State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023. LW 29.9.2023. Date of commencement, 1.10.2023, sec 2. | |
(609) | State Environmental Planning Policy Amendment (Flood Planning) 2023. LW 10.11.2023. Date of commencement, on publication on LW, sec 2. | |
(39) | Byron Local Environmental Plan 2014 (Amendment No 46). LW 14.2.2025. Date of commencement, on publication on LW, cl 2. |
Cl 2 | Subst 6.3.1998. Am 2020 (724), Sch 1.4[1] [2]. |
Cl 2A | Ins 6.3.1998. Am 22.3.2002. |
Cl 3 | Subst 22.3.2002. |
Cl 4 | Am 22.3.2002. |
Cl 5 | Am 9.6.1989; 14.7.1989; 1.9.1989; 20.10.1989; 30.3.1990; 20.4.1990; 21.9.1990; 2.11.1990; 2.8.1991; 31.1.1992; 25.9.1992; 8.1.1993; 15.1.1993; 23.4.1993; 3.9.1993; 5.8.1994; 2.9.1994; 11.11.1994; 13.1.1995; 14.7.1995; 21.7.1995; 12.7.1996; 9.8.1996; 1.11.1996; 12.9.1997; 20.2.1998; 27.2.1998; 6.3.1998; 17.7.1998; 31.7.1998; 11.12.1998; 26.2.1999; 15.10.1999; 3.12.1999; 25.2.2000; 10.3.2000; 17.3.2000; 31.3.2000; 12.5.2000; 18.5.2001; 8.6.2001; 15.3.2002; 22.3.2002; 2007 (137), Sch 1 [1]–[3]; 2019 (659), Sch 1.7[1]. |
Cl 6 | Am 14.7.1989; 17.7.1998. Rep 22.3.2002. Ins 2023 (524), Sch 1.1[3]. Am 2023 (609), Sch 2.6[1]. |
Cl 9 | Am 17.3.2000; 22.3.2002; 2010 (524), cl 4 (1); 2011 (331), Sch 1 [1] [2]. |
Cl 9, table | Am 14.7.1989; 20.10.1989; 2.11.1990; 8.1.1993; 17.7.1998; 11.12.1998; 17.3.2000; 22.3.2002; 14.11.2003; 2004 No 91, Sch 2.7 [1] [2]; 2008 (571), Sch 3.26 [1]. |
Cl 10 | Subst 17.7.1998. Am 22.3.2002; 2019 No 14, Sch 2.3[1]. |
Cl 11 | Am 14.7.1989; 22.3.2002; 2010 (457), cl 4. |
Cl 11, table | Am 22.3.2002. |
Cl 11A | Ins 14.7.1995. Am 2008 (571), Sch 3.26 [2]. |
Cl 11B | Ins 12.9.1997. |
Cl 12 | Am 22.3.2002; 2008 (571), Sch 3.26 [3] [4]. |
Cl 13 | Am 17.7.1998. |
Cl 14 | Am 9.6.1989; 15.1.1993; 3.9.1993; 20.2.1998; 17.7.1998; 22.3.2002; 6.12.2002; 14.11.2003. |
Cl 15 | Subst 14.7.1989. Am 2.11.1990; 12.9.1997; 17.7.1998; 17.3.2000; 6.9.2002; 6.12.2002; 11.6.2004. |
Cl 15A | Ins 17.7.1998. Rep 17.3.2000. |
Cl 17 | Am 14.7.1989; 22.3.2002; 14.11.2003. |
Cl 17A | Ins 1.5.1992. Am 17.7.1998. Subst 10.12.1999. Am 2006 (393), Sch 1 [1]; 2019 No 14, Sch 2.3[2]. |
Cl 17B | Ins 2006 (393), Sch 1 [2]. Am 2011 (435), cl 4. |
Cl 19 | Am 2008 (571), Sch 3.26 [5]. |
Cl 21 | Rep 2008 (571), Sch 3.26 [6]. |
Cl 23 | Am 8.1.1993; 23.4.1993; 22.3.2002. |
Cl 24 | Am 2007 (515), cl 4; 2019 No 14, Sch 2.3[3]. |
Cl 26 | Am 17.7.1998. Rep 22.3.2002. |
Cl 27 | Subst 2.11.1990. |
Cl 28 | Rep 17.7.1998. |
Cl 29 | Am 7.4.2000; 22.6.2001. |
Cl 29AA | Ins 31.7.1998. |
Cl 29A | Ins 20.10.1989. Am 22.3.2002. |
Cl 31 | Subst 17.7.1998. |
Cl 32 | Am 17.3.2000; 9.3.2001; 22.3.2002; 6.12.2002; 2008 (571), Sch 3.26 [7] [8]; 2019 (334), cl 4. |
Cl 33 | Am 22.3.2002; 2008 (571), Sch 3.26 [9] [10]. |
Cl 34 | Am 14.7.1989; 17.7.1998; 22.3.2002. |
Cl 35 | Am 17.7.1998. |
Cl 37 | Am 22.3.2002. |
Cl 38A | Ins 8.1.1993. Am 27.2.1998. |
Cl 38B | Ins 27.2.1998. Am 2008 (571), Sch 3.26 [11]. |
Cl 39 | Rep 22.3.2002. Ins 2005 (661), Sch 1 [1]. |
Cl 39A | Ins 2005 (661), Sch 1 [1]. Am 2022 (72), Sch 1.12[1]. |
Cl 39B | Ins 2005 (661), Sch 1 [1]. |
Cl 39C | Ins 2010 (595), Sch 1 [1]. |
Cl 40 | Am 11.12.1998. Subst 14.11.2003. |
Cl 41 | Subst 22.3.2002. |
Cl 42 | Am 9.6.1989; 14.7.1989; 15.3.2002; 22.3.2002. |
Cl 43 | Am 14.7.1989; 20.4.1990; 31.3.2000; 12.5.2000; 22.3.2002. |
Cl 44 | Am 22.3.2002; 2008 (571), Sch 3.26 [12]. |
Cl 45 | Am 2008 (571), Sch 3.26 [13]. |
Cl 47 | Ins 24.3.1995. Subst 22.3.2002. |
Cl 47AA | Ins 22.3.2002. Am 6.9.2002. |
Cl 47A | Ins 17.7.1998. |
Cl 48 | Ins 29.9.1995. |
Cl 48A | Ins 2019 (659), Sch 2.7[1]. |
Cl 49 | Ins 17.7.1998. Am 2019 No 14, Sch 2.3[4]. |
Cl 51 | Ins 26.2.1999. Am 22.3.2002. |
Cl 52 | Ins 22.3.2002. |
Cl 53 | Ins 22.3.2002. Am 17.12.2004. |
Cll 54, 55 | Ins 22.3.2002. |
Cl 56 | Ins 22.3.2002. Am 17.12.2004. |
Cll 57–62 | Ins 22.3.2002. |
Cl 63 | Ins 7.11.2003. Am 2008 (571), Sch 3.26 [14]. |
Cl 64 | Ins 14.11.2003. Am 2010 (524), cl 4 (2); 2011 (331), Sch 1 [3] [4]. |
Cl 64A | Ins 2019 (659), Sch 1.7[2]. Am 2023 (524), Sch 1.1[1]; 2025 (39), Sch 2[1] [2]. |
Cll 64B, 64C | Ins 2019 (659), Sch 2.7[2]. |
Cl 64D | Ins 2020 (724), Sch 3. |
Cl 64E | Ins 2022 (629), Sch 2[4]. |
Part 4 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Part 4, Div 1 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 65 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 66 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 67 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 68 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 69 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 70 | Ins 2014 (725), Sch 1. Am 2019 (659), Sch 1.7[3]. Rep 2025 (39), Sch 2[3]. |
Part 4, Div 2 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 71 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 72 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 73 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 74 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 75 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 76 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 77 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 78 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 79 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 80 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 81 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 82 | Ins 2014 (725), Sch 1. Am 2017 (168), Sch 1 [1]. Rep 2025 (39), Sch 2[3]. |
Cl 83 | Ins 2014 (725), Sch 1. Am 2017 (168), Sch 1 [2]. Rep 2025 (39), Sch 2[3]. |
Cl 83A | Ins 2017 (168), Sch 1 [3]. Rep 2025 (39), Sch 2[3]. |
Cl 83B | Ins 2017 (168), Sch 1 [3]. Rep 2025 (39), Sch 2[3]. |
Cl 84 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 85 | Ins 2014 (725), Sch 1. Am 2023 (524), Sch 1.1[1]. Rep 2025 (39), Sch 2[3]. |
Cl 86 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 87 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 88 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 89 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 90 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 91 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 92 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 93 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 94 | Ins 2014 (725), Sch 1. Am 2022 (72), Sch 1.12[2]. Rep 2025 (39), Sch 2[3]. |
Cl 95 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 96 | Ins 2014 (725), Sch 1. Am 2019 (621), Sch 2.5. Rep 2025 (39), Sch 2[3]. |
Cl 97 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 98 | Ins 2014 (725), Sch 1. Am 2023 (609), Sch 2.6[2]. Rep 2025 (39), Sch 2[3]. |
Cl 98A | Ins 2017 (168), Sch 1 [4]. Am 2022 (72), Sch 1.12[3]–[5]. Rep 2025 (39), Sch 2[3]. |
Cl 98B | Ins 2017 (168), Sch 1 [4]. Rep 2025 (39), Sch 2[3]. |
Part 4 Div 3 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 99 | Ins 2014 (725), Sch 1. Am 2023 (554), Sch 2.3. Rep 2025 (39), Sch 2[3]. |
Cl 100 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Cl 101 | Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3]. |
Sch 1 | Rep 6.3.1998. |
Sch 2 | Subst 22.3.2002. Am 2005 (759), cl 4; 2008 (512), Sch 1 [1]. |
Sch 3 | Am 14.11.2003. |
Sch 4 | Am 22.3.2002; 14.11.2003. |
Sch 5 | Am 17.7.1998. Subst 14.11.2003. |
Sch 6, heading | Am 14.7.1989; 1.5.1992. Rep 17.7.1998. |
Sch 6 | Rep 17.7.1998. |
Sch 7 | Am 2.11.1990; 2.8.1991. Subst 17.7.1992 (see also 31.7.1992 and 7.8.1992). Am 21.10.1994; 2.12.1994; 10.2.1995; 1.12.1995; 15.10.1999; 7.4.2000; 9.2.2001; 5.10.2001; 22.2.2002; 11.6.2004; 2010 (596), Sch 1; 2011 (388), cl 4; 2011 (591), cl 4. |
Sch 8, heading | Am 9.2.2001. |
Sch 8 | Am 14.7.1989; 15.1.1993; 26.3.1993; 23.4.1993; 2.9.1994; 10.2.1995; 21.7.1995; 23.2.1996; 14.2.1997; 12.9.1997; 27.2.1998; 13.3.1998; 8.5.1998; 4.6.1999; 10.12.1999; 7.4.2000; 16.6.2000; 13.10.2000; 27.10.2000; 9.2.2001; 22.6.2001; 22.2.2002; 15.3.2002; 22.3.2002; 26.11.2004; 25.2.2005; 2005 (551), Sch 1; 2005 (661), Sch 1 [2]; 2006 (466), Sch 1; 2006 (749), Sch 1; 2007 (137), Sch 1 [4]; 2007 (203), cl 4; 2007 (347), Sch 1; 2008 (513), cl 4; 2010 (569), cl 4 (1); 2012 (238), cl 4; 2020 (66), Sch 2. |
Sch 10 | Ins 1.5.1992. |
Sch 11 | Ins 24.3.1995. Am 19.7.1996; 22.3.2002; 2004 No 91, Sch 2.7 [3]; 2011 (387), cl 4; 2015 (642), Sch 1 [1]. |
Sch 11A (previously Sch 12) | Ins 22.3.2002. Renumbered 6.9.2002. |
Sch 12 | Ins 22.3.2002. Am 14.11.2003. |
Sch 13 | Ins 2006 (393), Sch 1 [3]. Am 2007 (137), Sch 1 [5]; 2008 (512), Sch 1 [2]; 2009 (53), Sch 1. |
Dictionary | Ins 22.3.2002. Am 6.9.2002; 6.12.2002; 26.9.2003; 14.11.2003; 24.12.2003; 2.7.2004; 25.2.2005; 2005 (661), Sch 1 [3]; 2006 (100), cl 4; 2010 (506), cl 4; 2010 (569), cl 4 (2); 2010 (595), Sch 1 [2]; 2011 (331), Sch 1 [5]; 2011 (386), cl 4; 2011 (409), cl 4; 2011 (434), cl 4; 2011 (472), cl 4 (1) (2); 2013 (613), cl 4; 2015 (642), Sch 1 [2]. |
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