Byron Local Environmental Plan 2014 (NSW)
This Plan is Byron Local Environmental Plan 2014.
This Plan commences on 21 July 2014 and is required to be published on the NSW legislation website.
This Plan aims to make local environmental planning provisions for land in Byron in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to progressively respond to changes in the natural, social and economic environment in a way that is consistent with the following principles of ecologically sustainable development—
(i) the precautionary principle—this 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.),
(ii) 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,
(iii) 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,
(iv) the principle of improving the valuation and pricing of social and ecological resources—this principle means that 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),
(v) 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,
(vi) 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,
(vii) the principle of providing credible information in open and accountable processes to encourage and assist the effective participation of local communities in decision making,
(b) to integrate local planning provisions with applicable regional and State planning controls and policies,
(c) to provide a framework for land use management in Byron,
(d) to promote and coordinate the orderly and economic use and development of land,
(e) to build and sustain community resilience by encouraging a diversity of housing choice and affordable housing in appropriate localities,
(f) to encourage development that contributes to a vibrant, socially-diverse community,
(g) to encourage development that contributes to a strong, growing and diversified economy,
(h) to ensure the timely provision and coordination of community services and facilities,
(i) to protect, manage and restore the natural environment and biodiversity of Byron,
(j) to protect the cultural heritage of Byron, including the conservation of built heritage and Aboriginal heritage,
(k) to provide for public involvement and participation in environmental planning and assessment,
(l) to minimise conflict between land uses within a zone and adjoining zones and ensure minimal impact of development on the amenity of adjoining and nearby land uses.
This Plan applies to the land identified on the Land Application Map.
Despite subclause (1), this Plan does not apply to the land identified as “Deferred matter” on the Land Application Map.
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
Notes in this Plan are provided for guidance and do not form part of this Plan.
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(Repealed)
Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
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.
(Repealed)
This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
This clause does not affect the rights or interests of any public authority under any registered instrument.
Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
The land use zones under this Plan are as follows—
• Rural Zones RU1 Primary Production
RU2 Rural Landscape
RU5 Village
• Residential Zones R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
• Employment Zones E1 Local Centre
E3 Productivity Support
E4 General Industrial
• Mixed Use Zones MU1 Mixed Use
• Special Purpose Zones SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
• Recreation Zones RE1 Public Recreation
RE2 Private Recreation
• Conservation Zones C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
• Waterway Zones W1 Natural Waterways
W2 Recreational Waterways
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
This clause is subject to the other provisions of this Plan.
Schedule 1 sets out additional permitted uses for particular land.
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
Clause 2.6 requires consent for subdivision of land.
Part 5 contains other provisions which require consent for particular development.
Development may be carried out on unzoned land only with development consent.
In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
Land to which this Plan applies may be subdivided, but only with development consent.
If a subdivision is specified as
Part 6 of State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is
Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
The definition of
The demolition of a building or work may be carried out only with development consent.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 14 days (whether or not consecutive days) in any period of 12 months.
Development consent must not be granted unless the consent authority is satisfied that—
(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Canal estate development is prohibited on land to which this Plan applies.
In this Plan,
(a) a constructed canal, or other waterway or waterbody, that—
(i) is inundated by surface water or groundwater movement, or
(ii) drains to a waterway or waterbody by surface water or groundwater movement, and
(b) the erection of a dwelling, and
(c) one or both of the following—
(i) the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,
(ii) excavation to create a waterway.
Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—
(a) carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and
(b) limited to the minimum reasonable size and capacity.
In this clause—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
• State Environmental Planning Policy (Housing) 2021
• State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
• State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
• State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
• State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
• State Environmental Planning Policy (Primary Production) 2021, Chapter 2
• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
• To encourage diversity in primary industry enterprises and systems appropriate for the area.
• To minimise the fragmentation and alienation of resource lands.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To encourage consolidation of lots for the purposes of primary industry production.
• To enable the provision of tourist accommodation, facilities and other small-scale rural tourism uses associated with primary production and environmental conservation consistent with the rural character of the locality.
• To protect significant scenic landscapes and to minimise impacts on the scenic quality of the locality.
Environmental protection works; Extensive agriculture; Home-based child care; Home occupations
Agriculture; Airstrips; Animal boarding or training establishments; Aquaculture; Business identification signs; Camping grounds; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Helipads; Home businesses; Home industries; Industrial retail outlets; Industrial training facilities; Intensive livestock agriculture; Intensive plant agriculture; Landscaping material supplies; Open cut mining; Places of public worship; Plant nurseries; Recreation areas; Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Tourist and visitor accommodation; Veterinary hospitals
Backpackers’ accommodation; Hotel or motel accommodation; Serviced apartments; Any other development not specified in item 2 or 3
• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
• To maintain the rural landscape character of the land.
• To provide for a range of compatible land uses, including extensive agriculture.
• To enable the provision of tourist accommodation, facilities and other small-scale rural tourism uses associated with primary production and environmental conservation consistent with the rural character of the locality.
• To protect significant scenic landscapes and to minimise impacts on the scenic quality of the locality.
Environmental protection works; Extensive agriculture; Home-based child care; Home occupations
Agricultural produce industries; Agriculture; Airstrips; Animal boarding or training establishments; Aquaculture; Artisan food and drink industries; Business identification signs; Camping grounds; Cemeteries; Centre-based child care facilities; Community facilities; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Funeral homes; Garden centres; Health consulting rooms; Helipads; Home businesses; Home industries; Hostels; Industrial retail outlets; Industrial training facilities; Information and education facilities; Landscaping material supplies; Livestock processing industries; Neighbourhood shops; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Roadside stalls; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Stock and sale yards; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Veterinary hospitals; Warehouse or distribution centres
Backpackers’ accommodation; Hotel or motel accommodation; Serviced apartments; Any other development not specified in item 2 or 3
• To provide for a range of land uses, services and facilities that are associated with a rural village.
Environmental protection works; Home-based child care; Home occupations
Agricultural produce industries; Amusement centres; Bed and breakfast accommodation; Building identification signs; Business identification signs; Business premises; Camping grounds; Car parks; Caravan parks; Centre-based child care facilities; Community facilities; Depots; Dwelling houses; Entertainment facilities; Environmental facilities; Exhibition homes; Farm buildings; Flood mitigation works; Function centres; Garden centres; Hardware and building supplies; Helipads; Home businesses; Industrial retail outlets; Industrial training facilities; Information and education facilities; Light industries; Local distribution premises; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Restaurants or cafes; Roads; Roadside stalls; Rural supplies; Schools; Self-storage units; Service stations; Serviced apartments; Sewerage systems; Shops; Tank-based aquaculture; Timber yards; Transport depots; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres
Dual occupancies (detached); Multi dwelling housing; Residential flat buildings; Rural workers’ dwellings; Any other development not specified in item 2 or 3
• To provide for the housing needs of the community.
• To provide for a variety of housing types and densities.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To maximise the delivery of housing while being responsive to environmental values and amenity of adjoining land uses.
Environmental protection works; Flood mitigation works; Home occupations; Home-based child care
Attached dwellings; Boarding houses; Building identification signs; Car parks; Centre-based child care facilities; Community facilities; Dwelling houses; Emergency services facilities; Environmental facilities; Exhibition homes; Group homes; Health services facilities; Home businesses; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Public administration buildings; Recreation areas; Residential accommodation; Residential flat buildings; Respite day care centres; Roads; School-based child care; Semi-detached dwellings; Seniors housing; Sewerage systems; Shop top housing; Tank-based aquaculture
Any development not specified in item 2 or 3
• To provide for the housing needs of the community within a low density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
Environmental protection works; Home-based child care; Home occupations
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Business identification signs; Centre-based child care facilities; Dual occupancies; Dwelling houses; Group homes; Health consulting rooms; Home industries; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Pond-based aquaculture; Respite day care centres; Roads; Secondary dwellings; Seniors housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Health services facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Jetties; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Residential care facilities; Restricted premises; Rural industries; Service stations; Sewage treatment plants; Sex services premises; Signage; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities; Wholesale supplies
• To provide for the housing needs of the community within a medium density residential environment.
• To provide a variety of housing types within a medium density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
Environmental protection works; Home-based child care; Home occupations
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Business identification signs; Centre-based child care facilities; Community facilities; Group homes; Home industries; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Respite day care centres; Roads; Seniors housing; Serviced apartments; Tank-based aquaculture; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Jetties; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sewage treatment plants; Sex services premises; Signage; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities; Wholesale supplies
• To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.
• To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.
• To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
Environmental protection works; Home-based child care; Home occupations; Horticulture
Bed and breakfast accommodation; Business identification signs; Dual occupancies; Dwelling houses; Extensive agriculture; Home industries; Neighbourhood shops; Oyster aquaculture; Plant nurseries; Pond-based aquaculture; Roads; Roadside stalls; Secondary dwellings; Tank-based aquaculture; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Dairies (pasture-based); Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Exhibition villages; Extractive industries; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Jetties; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Public administration buildings; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Restricted premises; Rural industries; Service stations; Sewage treatment plants; Sex services premises; Signage; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities; Wholesale supplies
• To provide a range of retail, business and community uses that serve the needs of people who live in, work in or visit the area.
• To encourage investment in local commercial development that generates employment opportunities and economic growth.
• To enable residential development that contributes to a vibrant and active local centre and is consistent with the Council’s strategic planning for residential development in the area.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
• To maximise public transport patronage and encourage walking and cycling.
Environmental protection works; Home-based child care; Home occupations
Amusement centres; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Home industries; Hostels; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation facilities (indoor); Respite day care centres; Service stations; Shop top housing; Tank-based aquaculture; Veterinary hospitals; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Recreation facilities (major); Research stations; Residential accommodation; Rural industries; Sewerage systems; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
• To provide a range of facilities and services, light industries, warehouses and offices.
• To provide for land uses that are compatible with, but do not compete with, land uses in surrounding local and commercial centres.
• To maintain the economic viability of local and commercial centres by limiting certain retail and commercial activity.
• To provide for land uses that meet the needs of the community, businesses and industries but that are not suited to locations in other employment zones.
• To provide opportunities for new and emerging light industries.
• To enable other land uses that provide facilities and services to meet the day to day needs of workers, to sell goods of a large size, weight or quantity or to sell goods manufactured on-site.
Environmental protection works
Animal boarding or training establishments; Boat building and repair facilities; Business premises; Centre-based child care facilities; Community facilities; Depots; Function centres; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Landscaping material supplies; Light industries; Local distribution premises; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Rural supplies; Service stations; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Wholesale supplies; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Heavy industrial storage establishments; Helipads; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Registered clubs; Residential accommodation; Rural industries; Sewerage systems; Sex services premises; Tourist and visitor accommodation; Truck depots; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities
• To provide a range of industrial, warehouse, logistics and related land uses.
• To ensure the efficient and viable use of land for industrial uses.
• To minimise any adverse effect of industry on other land uses.
• To encourage employment opportunities.
• To enable limited non-industrial land uses that provide facilities and services to meet the needs of businesses and workers.
• To provide for creative industrial uses such as artisan and cultural industries.
Environmental protection works
Depots; Freight transport facilities; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Industrial retail outlets; Industrial training facilities; Landscaping material supplies; Light industries; Liquid fuel depots; Local distribution premises; Markets; Neighbourhood shops; Oyster aquaculture; Plant nurseries; Rural supplies; Specialised retail premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Eco-tourist facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Health services facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Passenger transport facilities; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Rural industries; Sex services premises; Tourist and visitor accommodation; Truck depots; Water recreation structures; Water supply systems; Wharf or boating facilities
• To encourage a diversity of business, retail, office and light industrial land uses that generate employment opportunities.
• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
Environmental protection works
Amusement centres; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Dual occupancies; Dwelling houses; Entertainment facilities; Function centres; Hostels; Information and education facilities; Light industries; Local distribution premises; Medical centres; Multi dwelling housing; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential accommodation; Rural industries; Sewerage systems; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
• To provide for special land uses that are not provided for in other zones.
• To provide for sites with special natural characteristics that are not provided for in other zones.
• To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.
Building identification signs; Environmental protection works
Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
Any development not specified in item 2 or 3
• To provide for infrastructure and related uses.
• To prevent development that is not compatible with or that may detract from the provision of infrastructure.
Environmental protection works
Aquaculture; Environmental facilities; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
Any development not specified in item 2 or 3
• To provide for a variety of tourist-oriented development and related uses.
• To encourage tourist development in designated areas to reduce impacts on residential amenity in other zones.
Environmental protection works; Home occupations
Amusement centres; Aquaculture; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Eco-tourist facilities; Entertainment facilities; Environmental facilities; Flood mitigation works; Food and drink premises; Function centres; Helipads; Information and education facilities; Kiosks; Recreation areas; Respite day care centres; Roads; Signage; Tourist and visitor accommodation
Any development not specified in item 2 or 3
• To enable land to be used for public open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
Environmental protection works
Aquaculture; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Emergency services facilities; Entertainment facilities; Environmental facilities; Flood mitigation works; Function centres; Horticulture; Information and education facilities; Jetties; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Signage
Any development not specified in item 2 or 3
• To enable land to be used for private open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
Environmental protection works; Home-based child care; Home occupations
Aquaculture; Boat launching ramps; Boat sheds; Car parks; Centre-based child care facilities; Community facilities; Emergency services facilities; Environmental facilities; Flood mitigation works; Function centres; Helipads; Information and education facilities; Jetties; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restaurants or cafes; Roads; Signage
Any development not specified in item 2 or 3
• To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.
• To enable uses authorised under the National Parks and Wildlife Act 1974.
• To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.
Uses authorised under the National Parks and Wildlife Act 1974
Nil
Any development not specified in item 2 or 3
• To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
• To prevent development that could destroy, damage or otherwise have an adverse effect on those values.
Environmental protection works
Environmental facilities; Extensive agriculture; Oyster aquaculture; Recreation areas; Roads
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential accommodation; Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.
• To provide for a limited range of development that does not have an adverse effect on those values.
• To encourage passive recreation and environmental education where there is no detrimental effect to land.
Environmental protection works; Extensive agriculture; Home-based child care; Home occupations
Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Community facilities; Dual occupancies; Dwelling houses; Eco-tourist facilities; Emergency services facilities; Environmental facilities; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Home businesses; Home industries; Horticulture; Jetties; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Roads; Tank-based aquaculture; Veterinary hospitals; Wharf or boating facilities
Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.
• To ensure that residential development does not have an adverse effect on those values.
Environmental protection works; Home occupations
Dwelling houses; Oyster aquaculture; Pond-based aquaculture; Roads; Tank-based aquaculture
Industries; Local distribution premises; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect the ecological and scenic values of natural waterways.
• To prevent development that would have an adverse effect on the natural values of waterways in this zone.
• To provide for sustainable fishing industries and recreational fishing.
Environmental protection works
Aquaculture; Boat building and repair facilities; Boat launching ramps; Boat sheds; Business identification signs; Charter and tourism boating facilities; Environmental facilities; Flood mitigation works; Jetties; Mooring pens; Moorings; Roads; Water recreation structures; Wharf or boating facilities
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect the ecological, scenic and recreation values of recreational waterways.
• To allow for water-based recreation and related uses.
• To provide for sustainable fishing industries and recreational fishing.
Environmental protection works
Aquaculture; Boat building and repair facilities; Boat launching ramps; Boat sheds; Business identification signs; Charter and tourism boating facilities; Environmental facilities; Flood mitigation works; Jetties; Kiosks; Marinas; Mooring pens; Moorings; Recreation areas; Recreation facilities (outdoor); Roads; Water recreation structures; Wharf or boating facilities
Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Seniors housing; Warehouse or distribution centres; Any other development not specified in item 2 or 3
The objective of this clause is to identify development of minimal environmental impact as exempt development.
Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
To be exempt development, the development—
(a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and
(b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c) must not be designated development, and
(d) must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—
(a) the building has a current fire safety certificate or fire safety statement, or
(b) no fire safety measures are currently implemented, required or proposed for the building.
To be exempt development, the development must—
(a) be installed in accordance with the manufacturer’s specifications, if applicable, and
(b) not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.
See State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 and the Local Land Services Act 2013, Part 5A.
A heading to an item in Schedule 2 is part of that Schedule.
The objective of this clause is to identify development as complying development.
Development specified in Part 1 of Schedule 3 that is carried out in compliance with—
(a) the development standards specified in relation to that development, and
(b) the requirements of this Part,
is complying development.
See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances.
To be complying development, the development must—
(a) be permissible, with development consent, in the zone in which it is carried out, and
(b) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c) have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.
A heading to an item in Schedule 3 is part of that Schedule.
Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
For the purposes of this clause—
(a) the coastal waters of the State,
(b) a coastal lake,
(c) land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(d) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e) land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f) land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g) land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h) land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(i) land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j) land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994,
(k) land identified as “Asbestos Encapsulation Area” on the Asbestos Encapsulation Area Map.
The objectives of this clause are as follows—
(a) to ensure that lot sizes are compatible with local environmental values and constraints,
(b) to facilitate efficient use of land resources for residential and other human purposes.
This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
This clause does not apply in relation to the subdivision of any land—
(a) by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or
(b) by any kind of subdivision under the Community Land Development Act 2021.
The objective of this clause is to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.
This clause applies to land in the following zones that is used, or is proposed to be used, for residential accommodation or tourist and visitor accommodation—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone R5 Large Lot Residential,
(d) Zone SP1 Special Activities,
(e) Zone SP3 Tourist,
(f) Zone C3 Environmental Management.
The size of any lot resulting from a subdivision of land to which this clause applies for a strata plan scheme (other than any lot comprising common property within the meaning of the Strata Schemes (Freehold Development) Act 1973 or Strata Schemes (Leasehold Development) Act 1986) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that strata subdivision of a building in certain circumstances is specified complying development.
The objectives of this clause are as follows—
(a) to ensure that land to which this clause applies is not fragmented by ad hoc subdivisions that would create additional dwelling entitlements.
This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 2021 of land in any of the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone R5 Large Lot Residential,
(d) Zone SP1 Special Activities,
(e) Zone SP3 Tourist,
(f) Zone C3 Environmental Management,
(g) Zone C4 Environmental Living,
but does not apply to a subdivision by the registration of a strata plan.
The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 2021) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
This clause applies despite clause 4.1.
The objective of this clause is to permit the subdivision of land to which this clause applies for a multiple occupancy or a rural community title.
This clause applies to land—
(a) outlined by a thick purple line on the Multiple Occupancy and Community Title Map, or
(b) containing an existing approved multiple occupancy or rural community title.
The size of any lot resulting from the subdivision of land to which this clause applies may be less than the minimum lot size shown on the Lot Size Map in relation to that land if—
(a) the total number of neighbourhood lots (within the meaning of the Community Land Development Act 1989) located on the land following the subdivision does not exceed—
(i) the number nominated for that land as shown on the Multiple Occupancy and Community Title Map, or
(ii) the number of dwelling sites approved under the development consent for the multiple occupancy or rural community title, and
(b) there will be at least one lot comprising association property (within the meaning of that Act) located within that land following the subdivision that comprises land to be used for the purposes of a recreation area, an environmental facility, agriculture or environmental protection works.
(c) (Repealed)
Development consent must not be granted under subclause (3) unless the consent authority is satisfied that—
(a) appropriate management measures are in place that will ensure the protection and enhancement of the landscape, biodiversity and rural setting of the land, and
(b) improved social and economic outcomes can be achieved, and
(c) appropriate mitigation measures are in place to minimise land use conflicts, with existing agricultural and other rural land uses being undertaken on the land or neighbouring land, that may arise from further development on the land.
In this clause,
It is the applicants’ responsibility to demonstrate that the development consent has not lapsed.
The objective of this clause is to permit the boundary between 2 or more lots to be altered in certain circumstances to give landowners a greater opportunity to achieve the objectives for development in a zone.
This clauses applies to land in the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone R5 Large Lot Residential,
(d) Zone C2 Environmental Conservation,
(e) Zone C3 Environmental Management.
Despite clause 4.1(3), development consent may be granted to the subdivision of 2 or more adjoining lots on land to which this clause applies if the subdivision will not result in—
(a) an increase in the number of lots, or
(b) an increase in the number of dwellings on, or dwellings that may be erected on, any of the lots.
In determining whether to grant development consent to the subdivision of land under this clause, the consent authority must consider the following—
(a) the existing uses and approved uses of land in the surrounding area,
(b) whether the subdivision is likely to have a significant impact on the preferred and predominant land uses in the area,
(c) whether the subdivision is likely to be incompatible with a use referred to in paragraph (a) or (b),
(d) whether the subdivision is likely to be incompatible with a use on land in an adjoining zone,
(e) measures to avoid or minimise an incompatibility referred to in paragraph (c) or (d),
(f) whether the subdivision is appropriate having regard to the natural and physical constraints affecting the land,
(g) whether the subdivision is likely to have an adverse impact on the environmental values, heritage vistas, landscapes or agricultural viability of the land.
This clause does not apply—
(a) to the subdivision of individual lots in a strata plan or community title scheme, or
(b) to a subdivision if the subdivision would create a lot that could itself be subdivided in accordance with clause 4.1.
The objectives of this clause are as follows—
(a) to provide for the subdivision of lots that are within more than one zone but cannot be subdivided under clause 4.1,
(b) to ensure that the subdivision occurs in a manner that promotes suitable land use and development.
This clause applies to each lot (an
(a) land in a residential, employment or mixed use zone, and
(b) land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone SP3 Tourist, Zone C2 Environmental Conservation or Zone C3 Environmental Management.
Despite clause 4.1, development consent may be granted to subdivide an original lot to create other lots (the
(a) one of the resulting lots will contain—
(i) land in a residential, employment or mixed use zone that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and
(ii) all of the land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone SP3 Tourist, Zone C2 Environmental Conservation or Zone C3 Environmental Management that was in the original lot, and
(b) all other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.
The objective of this clause is to achieve planned residential density in certain zones.
Development consent may be granted to development on a lot in a zone shown in Column 2 of the table to this clause for a purpose shown in Column 1 of the table opposite that zone, if the area of the lot is equal to or greater than the area specified for that purpose and shown in Column 3 of the table.
In this clause,
Clause 3B.1A of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that development for the purposes of manor houses is permitted with development consent in Zones R2 and R3.
Column 1 | Column 2 | Column 3 |
Attached dwelling | Zone R2 Low Density Residential | 1,000 square metres |
Attached dwelling | Zone R3 Medium Density Residential | 800 square metres |
Dual occupancy (attached) | Zone R2 Low Density Residential, Zone R3 Medium Density Residential | 800 square metres |
Dual occupancy (attached) | Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU5 Village, Zone R5 Large Lot Residential | 4,000 square metres |
Dual occupancy (detached) | Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone R5 Large Lot Residential | 4,000 square metres |
Dual occupancy (detached) | Zone R2 Low Density Residential, Zone R3 Medium Density Residential | 800 square metres |
Manor house | Zone R2 Low Density Residential | 1,000 square metres |
Manor house | Zone R3 Medium Density Residential | 800 square metres |
Multi dwelling housing | Zone R2 Low Density Residential | 1,000 square metres |
Multi dwelling housing | Zone R3 Medium Density Residential | 800 square metres |
Residential flat building | Zone R3 Medium Density Residential | 800 square metres |
The objective of this clause is to enable the subdivision of land in rural areas to create lots of an appropriate size to meet the needs of current permissible uses other than for the purpose of dwelling houses, dual occupancies or secondary dwellings.
This clause applies to land in the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape.
Despite clause 4.1, development consent may be granted to the subdivision of land to which this clause applies to create a lot with a size less than the minimum subdivision lot size shown on the Lot Size Map in relation to those lots, if the consent authority is satisfied that—
(a) there is no dwelling house or dual occupancy located on the land, and
(b) the use of the land after the subdivision will be the same use permitted under the existing development consent for the land.
Development consent must not be granted for the subdivision of land to which this clause applies unless the consent authority is satisfied that—
(a) the subdivision will not adversely affect the use of the surrounding land for agriculture, and
(b) the subdivision is necessary for the ongoing operation of the permissible use, and
(c) the subdivision will not increase rural land use conflict in the locality, and
(d) the subdivision is appropriate having regard to the natural and physical constraints affecting the land.
The objective of this clause is to achieve planned residential density in the West Byron Bay site in certain zones.
This clause applies to development on land in the West Byron Bay site.
Development consent must not be granted for development for a purpose specified in Column 1 of the table to this clause in a zone specified in Column 2 for the purpose unless the lot on which the development will be carried out is of at least the area specified for the zone in Column 3.
Column 1 | Column 2 | Column 3 |
Dual occupancy (attached) | Zone R2 Low Density Residential | 600m |
Zone R3 Medium Density Residential | 300m | |
Dual occupancy (detached) | Zone R2 Low Density Residential | 700m |
Zone R3 Medium Density Residential | 400m | |
Multi dwelling housing | Zone R3 Medium Density Residential | 450m |
The objective of this clause is to encourage housing diversity in the West Byron Bay site without adversely impacting residential amenity.
This clause applies to development on land in the West Byron Bay site in the following zones—
(a) Zone R2 Low Density Residential,
(b) Zone R3 Medium Density Residential.
Development consent may be granted to a single development application for development on land to which this clause applies that will result in a lot smaller than the size shown for the land on the Lot Size Map if—
(a) the development includes the subdivision of the land into 3 or more lots, and
(b) the consent authority is satisfied that a dwelling house, an attached dwelling or a semi-detached dwelling will be erected on each resulting lot, and
(c) each resulting lot will be at least—
(i) for a lot on which an attached dwelling will be erected—250m
2 for land in Zone R2 Low Density Residential and 150m2 for land in Zone R3 Medium Density Residential, or(ii) for a lot on which a dwelling house will be erected—300m
2 for land in Zone R2 Low Density Residential and 200m2 for land in Zone R3 Medium Density Residential, or(iii) for a lot on which a semi-detached dwelling will be erected—250m
2 for land in Zone R2 Low Density Residential and 150m2 for land in Zone R3 Medium Density Residential.
The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.
This clause applies to the following rural zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(baa) Zone RU3 Forestry,
(c) Zone RU4 Primary Production Small Lots,
(d) Zone RU6 Transition.
When this Plan was made it did not include all of these zones.
Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.
However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.
A dwelling cannot be erected on such a lot.
A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).
The objectives of this clause are as follows—
(a) to minimise unplanned rural residential development,
(b) to enable the replacement of lawfully erected dwelling houses and dual occupancies in rural and conservation zones.
This clause applies to land in the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone C3 Environmental Management.
Development consent must not be granted for the erection of a dwelling house or a dual occupancy on land to which this clause applies unless the land—
(a) is a lot that is at least the minimum lot size shown on the Lot Size Map in relation to that land, or
(b) is a lot created under this Plan (other than under clause 4.1C(3) or 4.2(3)), or
(c) is a lot created before this Plan commenced and on which the erection of a dwelling house or a dual occupancy was permissible immediately before that commencement, or
(d) is a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dwelling house or a dual occupancy would have been permissible if the plan of subdivision had been registered before that commencement, or
(e) would have been a lot referred to in paragraph (a), (b), (c) or (d) had it not been affected by—
(i) a minor realignment of its boundaries that did not create an additional lot, or
(ii) a subdivision creating or widening a public road or public reserve or for another public purpose, or
(iii) a consolidation with an adjoining public road or public reserve or for another public purpose.
A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.
Development consent must not be granted under subclause (3) unless—
(a) no dwelling house or dual occupancy is currently erected on the land, and
(b) if a development application has been made for development for the purpose of a dwelling house or a dual occupancy on the land—the application has been refused or it was withdrawn before it was determined, and
(c) if development consent has been granted in relation to such an application—the consent has been surrendered or it has lapsed.
Development consent may be granted for the erection of a dwelling house or a dual occupancy on land to which this clause applies if—
(a) there is a lawfully erected dwelling house or a dual occupancy on the land and the dwelling house or a dual occupancy to be erected is intended only to replace the existing dwelling house, or
(b) the dwelling house or a dual occupancy will replace a lawfully erected dwelling house or a dual occupancy that was either—
(i) removed from the site, or
(ii) partially or completely destroyed,
less than 5 years before the lodgement of a development application under this Plan for the purposes of a dwelling house or a dual occupancy.
The objectives of this clause are as follows—
(a) to permit—
(i) people to collectively own a single lot of land and use it as their principal place of residence, and
(ii) the erection of multiple dwellings on the lot and the sharing of facilities and resources, and
(iii) the collective environmental repair and management of the lot, and
(iv) the pooling of resources to economically develop a wide range of communal rural living opportunities,
(b) to facilitate closer rural settlement in a clustered style in a manner that—
(i) protects the environment, and
(ii) does not create any unreasonable demand for the provision of services or any unreasonable demand for the uneconomic provision of services.
This clause applies to land outlined by a thick green line on the Multiple Occupancy and Community Title Map.
Development may be carried out with consent for the erection of more than one dwelling house or dual occupancy (attached) on such a lot provided that—
(a) if there is a number shown for that lot on the Multiple Occupancy and Community Title Map—the total number of dwellings on the lot will not exceed the number marked for that lot on that Map, or
(b) if there is no number shown for that lot on that Map—there will not be less than 3 dwellings, and not more than 1 dwelling for every 3 hectares, up to a maximum of 15 dwellings, on the lot.
Development consent must not be granted under subclause (3) unless the consent authority is satisfied that—
(a) there will be appropriate management measures in place that will ensure the protection of the landscape, biodiversity and rural setting of the land, and
(b) the development is complementary to the rural and environmental attributes of the land and its surrounds.
The objective of this clause is to ensure the provision of adequate accommodation for employees of existing agricultural or rural industries.
This clause applies to land in the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape.
Development consent must not be granted for the erection of a rural worker’s dwelling on land to which this clause applies, unless the consent authority is satisfied that—
(a) the development will be on the same lot as an existing lawfully erected dwelling house, and
(b) the development will not impair the use of the land for agricultural or rural industries, and
(c) the agriculture or rural industry being carried out on the land has a demonstrated economic capacity to support the ongoing employment of rural workers, and
(d) the development is necessary considering the nature of the agriculture or rural industry land use lawfully occurring on the land or as a result of the remote or isolated location of the land.
The objectives of this clause are as follows—
(a) to provide alternative accommodation for rural families and workers,
(b) to ensure that development is of a scale and nature that is compatible with the primary production potential, rural character and environmental capabilities of the land,
(c) to set out consent considerations for development of dual occupancies (detached) and secondary dwellings to address matters such as access, siting, land suitability and potential impacts.
Development consent must not be granted to development for the purpose of a dual occupancy (detached) or secondary dwelling on land in Zone RU1 Primary Production or Zone RU2 Rural Landscape unless the consent authority is satisfied that—
(a) the development will not impair the use of the land, or neighbouring land, for agriculture or rural industries, and
(b) each dwelling will use the same vehicular access to and from a public road, and
(c) (Repealed)
(d) the land is physically suitable for the development, and
(e) the land is capable of accommodating the on-site disposal and management of sewage for the development, and
(f) the development will not have an adverse impact on the scenic amenity or character of the rural environment.
The objectives of this clause are as follows—
(a) to achieve building design that does not exceed a specified maximum height from its existing ground level to finished roof or parapet,
(b) to ensure the height of buildings complements the streetscape and character of the area in which the buildings are located,
(c) to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development.
The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
The objectives of this clause are—
(a) to align building height and flood planning provisions within Byron Bay town centre, and
(b) to provide for a consistent point of reference for the measurement of building heights in flood prone areas.
This clause applies to land identified as “Minimum Level Australian Height Datum (AHD)” on the Building Height Allowance Map.
The maximum height of a building on land to which this clause applies is to be measured from the minimum level AHD permitted for that land on the Building Height Allowance Map.
(b) a waste disposal facility,
(c) a waste or resource transfer station,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
Waste or resource transfer stations are a type of
(a) retention structures, and
(b) treatment works, and
(c) irrigation schemes.
Water recycling facilities are a type of
Water reticulation systems are a type of
Water storage facilities are a type of
(a) a water reticulation system,
(b) a water storage facility,
(c) a water treatment facility,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
Water treatment facilities are a type of
(a) natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b) artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
(a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c) wharves for commercial fishing operations,
(d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e) sea walls or training walls,
(f) administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
Byron Local Environmental Plan 2014 (297). LW 30.5.2014. Date of commencement, 21.7.2014, cl 1.1AA. This Plan has been amended by cl 6.10(5) of this Plan and as follows—
No 33 | Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 2.36, 14.7.2014, Sch 2.36. | |
(513) | Standard Instrument (Local Environmental Plans) Amendment Order 2014. LW 15.8.2014. Date of commencement, on publication on LW, cl 2. | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 3, 15.7.2015, sec 2 (3). | |
(375) | Byron Local Environmental Plan 2014 (Amendment No 2). LW 10.7.2015. Date of commencement, on publication on LW, cl 2. | |
(392) | Byron Local Environmental Plan 2014 (Amendment No 3). LW 17.7.2015. Date of commencement, on publication on LW, cl 2. | |
(431) | Byron Local Environmental Plan 2014 (Amendment No 4). LW 31.7.2015. Date of commencement, on publication on LW, cl 2. | |
(432) | Byron Local Environmental Plan 2014 (Amendment No 5). LW 31.7.2015. Date of commencement, on publication on LW, cl 2. | |
(633) | Byron Local Environmental Plan 2014 (Amendment No 1). LW 16.10.2015. Date of commencement, on publication on LW, cl 2. Sch 1 [1] was without effect. | |
(29) | Byron Local Environmental Plan 2014 (Amendment No 6). LW 22.1.2016. Date of commencement, on publication on LW, cl 2. | |
(30) | Byron Local Environmental Plan 2014 (Amendment No 7). LW 22.1.2016. Date of commencement, on publication on LW, cl 2. | |
(31) | Byron Local Environmental Plan 2014 (Amendment No 8). LW 22.1.2016. Date of commencement, on publication on LW, cl 2. | |
(43) | Standard Instrument (Local Environmental Plans) Amendment (Maps) Order 2016. LW 27.1.2016. Date of commencement, 27.1.2016, cl 2. | |
(81) | Byron Local Environmental Plan 2014 (Amendment No 9). LW 19.2.2016. Date of commencement, on publication on LW, cl 2. | |
(126) | Standard Instrument (Local Environmental Plans) Amendment Order 2016. LW 11.3.2016. Date of commencement, on publication on LW, cl 2. | |
(168) | Local Environmental Plan (Regional LEPs Consequential Amendments) 2016. LW 4.4.2016. Date of commencement, on publication on LW, cl 2. | |
(309) | Standard Instrument (Local Environmental Plans) Amendment (Observatory and Defence Facility) Order 2016. LW 10.6.2016. Date of commencement, 56 days after publication on LW, cl 2. | |
(310) | State Environmental Planning Policy (Integration and Repeals) 2016. LW 10.6.2016. Date of commencement, 56 days after publication on LW, cl 2. | |
(451) | Byron Local Environmental Plan 2014 (Amendment No 10). LW 22.7.2016. Date of commencement, on publication on LW, cl 2. | |
(87) | Byron Local Environmental Plan 2014 (Amendment No 12). LW 17.3.2017. Date of commencement, on publication on LW, cl 2. | |
(453) | Standard Instrument (Local Environmental Plans) Amendment (Vegetation) Order 2017. LW 25.8.2017. Date of commencement, 25.8.2017, cl 2. | |
(492) | Standard Instrument (Local Environmental Plans) Amendment (Child Care) Order 2017. LW 1.9.2017. Date of commencement, on publication on LW, cl 2. | |
(493) | State Environmental Planning Policy Amendment (Child Care) 2017. LW 1.9.2017. Date of commencement, on publication on LW, cl 2. | |
(529) | Byron Local Environmental Plan 2014 (Amendment No 13). LW 22.9.2017. Date of commencement, on publication on LW, cl 2. | |
(530) | Byron Local Environmental Plan 2014 (Amendment No 14). LW 22.9.2017. Date of commencement, on publication on LW, cl 2. | |
(105) | Standard Instrument (Local Environmental Plans) Amendment (Coastal Management) Order 2018. LW 23.3.2018. Date of commencement, 3.4.2018, cl 2. | |
(106) | State Environmental Planning Policy (Coastal Management) 2018. LW 23.3.2018. Date of commencement, 3.4.2018, cl 2. | |
(154) | Standard Instrument (Local Environmental Plans) Amendment (Minimum Subdivision Lot Size) Order 2018. LW 20.4.2018. Date of commencement, on publication on LW, cl 2. | |
(249) | Byron Local Environmental Plan 2014 (Amendment No 15). LW 8.6.2018. Date of commencement, on publication on LW, cl 2. | |
No 40 | Forestry Legislation Amendment Act 2018. Assented to 27.6.2018. Date of commencement of Sch 3.12, 9.11.2018, sec 2 and 2018 (620) LW 9.11.2018. | |
(404) | Standard Instrument (Local Environmental Plans) Amendment (Artisan Food and Drink Industries) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(405) | Standard Instrument (Local Environmental Plans) Amendment (Garden Centres) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(406) | State Environmental Planning Policy Amendment (Artisan Food and Drink Industries) 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(477) | Standard Instrument (Local Environmental Plans) Amendment (Land Use Terms) Order 2018. LW 29.8.2018. Date of commencement, 31.8.2018, cl 2. | |
(488) | State Environmental Planning Policy Amendment (Land Use Terms) 2018. LW 29.8.2018. Date of commencement of Sch 1.1, 31.8.2018, cl 2 (1). | |
No 46 | Children (Education and Care Services) Supplementary Provisions Amendment Act 2018. Assented to 27.9.2018. Date of commencement of Sch 2.3, 31.10.2019, sec 2(1) and 2019 (200) LW 24.5.2019. | |
(717) | Standard Instrument (Local Environmental Plans) Amendment (Greater Sydney Commission) Order 2018. LW 7.12.2018. Date of commencement, 10.12.2018, cl 2. | |
(133) | Standard Instrument (Local Environmental Plans) Amendment (Primary Production and Rural Development) Order 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2. | |
(137) | State Environmental Planning Policy (Primary Production and Rural Development) 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2. | |
(478) | Byron Local Environmental Plan 2014 (Amendment No 16). LW 27.9.2019. Date of commencement, on publication on LW, cl 2. | |
(620) | Standard Instrument (Local Environmental Plans) Amendment Order 2019. LW 13.12.2019. Date of commencement, 15.1.2020, cl 2. | |
(621) | State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019. Date of commencement of Sch 5, 15.1.2020, cl 2(1). | |
(66) | Byron Local Environmental Plan 2014 (Amendment No 17). LW 28.2.2020. Date of commencement, on publication on LW, cl 2. | |
(155) | Standard Instrument (Local Environmental Plans) Amendment (Energy Storage Technology) Order 2020. LW 17.4.2020. Date of commencement, on publication on LW, cl 2. | |
(327) | Byron Local Environmental Plan 2014 (Amendment No 19). LW 26.6.2020. Date of commencement, 1.7.2020, cl 2. | |
(381) | Byron Local Environmental Plan 2014 (Amendment No 18). LW 3.7.2020. Date of commencement, on publication on LW, cl 2. | |
(432) | State Environmental Planning Policy Amendment (Byron Filming) 2020. LW 29.7.2020. Date of commencement, on publication on LW, cl 2. | |
(459) | Byron Local Environmental Plan 2014 (Amendment No 20). LW 7.8.2020. Date of commencement, on publication on LW, cl 2. | |
(482) | Byron Local Environmental Plan 2014 (Amendment No 21). LW 14.8.2020. Date of commencement, on publication on LW, cl 2. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 2.4, 11.12.2020, sec 2(3); date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). | |
(636) | Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2020. LW 28.10.2020. Date of commencement, 28.10.2020, cl 2. | |
No 40 | Liquor Amendment (Night-time Economy) Act 2020. Assented to 27.11.2020. Date of commencement of Schs 4.6 and 7, 11.12.2020, sec 2(1) and 2020 (713) LW 11.12.2020. | |
(762) | Standard Instrument (Local Environmental Plans) Amendment (Secondary Dwellings) Order 2020. LW 18.12.2020. Date of commencement, 1.2.2021, cl 2. | |
(28) | Byron Local Environmental Plan 2014 (Amendment No 22). LW 5.2.2021. Date of commencement, on publication on LW, cl 2. | |
(47) | Byron Local Environmental Plan 2014 (Amendment No 23). LW 12.2.2021. Date of commencement, on publication on LW, cl 2. | |
(48) | Byron Local Environmental Plan 2014 (Amendment No 24). LW 12.2.2021. Date of commencement, on publication on LW, cl 2. | |
(82) | Byron Local Environmental Plan 2014 (Amendment No 25). LW 26.2.2021. Date of commencement, on publication on LW, cl 2. | |
No 6 | Community Land Development Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021. | |
(222) | Byron Local Environmental Plan 2014 (Amendment No 26). LW 14.5.2021. Date of commencement, on publication on LW, cl 2. | |
(225) | State Environmental Planning Policy Amendment (Flood Planning) 2021. LW 14.5.2021. Date of commencement, 14.7.2021, cl 2. | |
(226) | Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021. LW 14.5.2021. Date of commencement, 14.7.2021, cl 2. | |
(301) | Standard Instrument (Local Environmental Plans) Amendment (Natural Disasters) Order 2021. LW 18.6.2021. Date of commencement, 23.6.2021, cl 2. | |
(446) | Byron Local Environmental Plan 2014 (Amendment No 28). LW 13.8.2021. Date of commencement, on publication on LW, cl 2. | |
(467) | Byron Local Environmental Plan 2014 (Amendment No 27). LW 20.8.2021. Date of commencement, on publication on LW, cl 2. | |
(638) | Byron Local Environmental Plan 2014 (Amendment No 29). LW 29.10.2021. Date of commencement, on publication on LW, cl 2. | |
(650) | Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. LW 5.11.2021. Date of commencement of Sch 1[1]–[15] [17] [19] [23]–[48] and [50]–[53] and Sch 2, 1.12.2021, cl 2(1); date of commencement of Sch 1[16] [18] [20]–[22] [49] [54] and [55], 30.6.2022, cl 2(1A); date of commencement of Sch 3, 26.4.2023, cl 2(2). Amended by Standard Instrument (Local Environmental Plans) Further Amendment (Land Use Zones) Order 2021 (712). LW 26.11.2021. Date of commencement, on publication on LW, cl 2. Amended by Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022 (726). LW 30.11.2022. Date of commencement, on publication on LW, cl 2. | |
(711) | Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2021. LW 26.11.2021. Date of commencement, on publication on LW, cl 2. | |
(714) | State Environmental Planning Policy (Housing) 2021. LW 26.11.2021. Date of commencement, on publication on LW, sec 2. | |
(780) | Byron Local Environmental Plan 2014 (Amendment No 32). LW 17.12.2021. Date of commencement, on publication on LW, cl 2. | |
(794) | Byron Local Environmental Plan 2014 (Amendment No 31). LW 22.12.2021. Date of commencement, on publication on LW, cl 2. | |
(71) | Standard Instrument (Local Environmental Plans) Amendment (SEPPs) Order 2022. LW 4.3.2022. Date of commencement, 9.3.2022, cl 2. | |
(72) | State Environmental Planning Policy Amendment (Miscellaneous) 2022. LW 4.3.2022. Date of commencement, on publication on LW, sec 2. | |
(195) | Byron Local Environmental Plan 2014 (Amendment No 33). LW 6.5.2022. Date of commencement, on publication on LW, cl 2. | |
(314) | State Environmental Planning Policy Amendment (Local Distribution Premises) 2022. LW 24.6.2022. Date of commencement, 30.6.2022, sec 2. | |
(388) | Byron Local Environmental Plan 2014 (Amendment No 34). LW 15.7.2022. Date of commencement, on publication on LW, cl 2. | |
(592) | Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2022. LW 6.10.2022. Date of commencement, 1.12.2022, cl 2. | |
(628) | Standard Instrument (Local Environmental Plans) Amendment (Canal Estate Development and Public Bushland) Order 2022. LW 21.10.2022. Date of commencement, 21.11.2022, cl 2. | |
(830) | State Environmental Planning Policy Amendment (Land Use Zones) (No 4) 2022. LW 16.12.2022. Date of commencement, 26.4.2023, sec 2. The amendments made by Sch 1.6[8] and [9] to cl 6.7 were without effect as the clause was repealed by Byron Local Environmental Plan 2014 (Amendment No 35). | |
(3) | Byron Local Environmental Plan 2014 (Amendment No 35). LW 13.1.2023. Date of commencement, on publication on LW, cl 2. | |
(14) | Byron Local Environmental Plan 2014 (Amendment No 36). LW 20.1.2023. Date of commencement, on publication on LW, cl 2. | |
(178) | Byron Local Environmental Plan 2014 (Amendment No 37). LW 21.4.2023. Date of commencement, on publication on LW, cl 2. | |
(393) | Byron Local Environmental Plan 2014 (Amendment No 38). LW 14.7.2023. Date of commencement, on publication on LW, cl 2. | |
(432) | Byron Local Environmental Plan 2014 (Amendment No 39). LW 4.8.2023. Date of commencement, on publication on LW, cl 2. | |
(522) | Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023. LW 15.9.2023. Date of commencement, 1.11.2023, cl 2. | |
(552) | Byron Local Environmental Plan 2014 (Amendment No 40). LW 29.9.2023. Date of commencement, on publication on LW, cl 2. | |
(608) | Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2023. LW 10.11.2023. Date of commencement, on publication on LW, cl 2. | |
(609) | State Environmental Planning Policy Amendment (Flood Planning) 2023. LW 10.11.2023. Date of commencement, on publication on LW, sec 2. | |
(42) | State Environmental Planning Policy Amendment (Land Use Zones) (No 2) 2024. LW 23.2.2024. Date of commencement, on publication on LW, sec 2. | |
(168) | Byron Local Environmental Plan 2014 (Amendment No 41). LW 24.5.2024. Date of commencement, on publication on LW, cl 2. | |
(333) | Byron Local Environmental Plan 2014 (Amendment No 43). LW 2.8.2024. Date of commencement, on publication on LW, cl 2. | |
(391) | Byron Local Environmental Plan 2014 (Amendment No 44). LW 16.8.2024. Date of commencement, on publication on LW, cl 2. | |
(483) | Byron Local Environmental Plan 2014 (Amendment No 42). LW 13.9.2024. Date of commencement, on publication on LW, cl 2. | |
(489) | Byron Local Environmental Plan 2014 (Amendment No 45). LW 20.9.2024. Date of commencement, on publication on LW, cl 2. | |
(39) | Byron Local Environmental Plan 2014 (Amendment No 46). LW 14.2.2025. Date of commencement, on publication on LW, cl 2. | |
(185) | Byron Local Environmental Plan 2014 (Amendment No 48). LW 24.4.2025. Date of commencement, on publication on LW, cl 2. | |
(245) | Byron Local Environmental Plan 2014 (Amendment No 47). LW 30.5.2025. Date of commencement, on publication on LW, cl 2. | |
(246) | Byron Local Environmental Plan 2014 (Amendment No 49). LW 30.5.2025. Date of commencement, on publication on LW, cl 2. |
(511) | Standard Instrument (Local Environmental Plans) Amendment (Group Homes) Order 2025. LW 19.9.2025. Date of commencement, on publication on LW, cl 2. |
(539) | Byron Local Environmental Plan 2014 (Amendment No 51). LW 3.10.2025. Date of commencement, on publication on LW, cl 2. |
(550) | Byron Local Environmental Plan 2014 (Amendment No 50). LW 10.10.2025. Date of commencement, on publication on LW, cl 2. |
No reference is made to certain amendments made consequential on the amendment of the Standard Instrument (Local Environmental Plans) Order 2006.
Cl 1.8A | Am 2019 (621), Sch 5[1]; 2023 (609), Sch 1.1[1]. |
Cl 1.8B | Rep 2016 (310), Sch 4.4. |
Cl 1.9A | Am 2019 (621), Sch 5[2]–[4]. |
Cl 2.1 | Am 2020 (66), Sch 1[1]; 2022 (195), Sch 1[1]; 2022 (828), Sch 1.6[1]; 2024 (483), Sch 1[1]. |
Land Use Table | Am 2015 (392), Sch 1 [1]–[4]; 2016 (31), cl 4; 2016 (168), Sch 1 [1] [2]; 2016 (451), Sch 1 [1]–[5]; 2017 (87), Sch 1 [1]–[3]; 2017 (493), Sch 1.1 [1]; 2017 (529), Sch 1 [1]–[16]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2020 (66), Sch 1[2] [3]; 2021 (638), Sch 1[1]; 2021 (714), Sch 10.3; 2022 (195), Sch 1[2]; 2022 (314), Sch 1; 2022 (828), Sch 1.6[2]; 2024 (483), Sch 1[3]. |
Cl 3.3 | Am 2024 (483), Sch 1[2]. |
Cl 4.1A | Am 2021 (638), Sch 1[2] [3]; 2022 (828), Sch 1.6[3]. |
Cl 4.1AA | Am 2021 (638), Sch 1[4]; 2022 (828), Sch 1.6[3]; 2024 (168), Sch 1[1]. |
Cl 4.1B | Am 2017 (529), Sch 1 [17] [18]; 2021 (780), cl 5; 2023 (14), Sch 1[1]–[3]. |
Cl 4.1C | Subst 2024 (168), Sch 1[2]. |
Cl 4.1D | Am 2017 (529), Sch 1 [19]; 2021 (638), Sch 1[5]; 2022 (828), Sch 1.6[3]–[5]. |
Cl 4.1E | Am 2015 (392), Sch 1 [5]; 2017 (87), Sch 1 [4]; 2020 (327), cl 4(2)(3); 2021 (638), Sch 1[6]–[8] |
Cl 4.1F | Ins 2017 (529), Sch 1 [20]. |
Cl 4.1G | Ins 2025 (39), Sch 1[1]. Am 2025 (185), Sch 1. |
Cl 4.1H | Ins 2025 (39), Sch 1[1]. |
Cl 4.2A | Am 2015 (392), Sch 1 [6]; 2021 (638), Sch 1[9]–[11]; 2022 (828), Sch 1.6[3] [6]; 2024 (168), Sch 1[3]. |
Cl 4.2D | Ins 2015 (392), Sch 1 [7]. Am 2021 (714), Sch 11.6[1]; 2024 (168), Sch 1[4] [5]. |
Cl 4.3A | Ins 2021 (467), Sch 1[1]. |
Cl 4.4 | Am 2022 (828), Sch 1.6[7]; 2024 (168), Sch 1[6]. |
Cl 4.6 | Am 2020 (459), Sch 1[1]; 2020 No 30, Sch 2.4. |
Cl 5.4 | Am 2016 (451), Sch 1 [6]; 2018 (406), Sch 1.24 [1] [2]; 2023 (393), cl 4(1). |
Cl 5.5 | Ins 2021 (714), Sch 11.6[2]. |
Cl 5.22 | Subst 2023 (609), Sch 1.1[2]. |
Part 6, Div 1, heading | Ins 2023 (3), Sch 1[1]. |
Cl 6.1 | Am 2018 (106), Sch 2.3; 2022 (72), Sch 1.13[1]. |
Cl 6.3 | Rep 2021 (225), Sch 1. |
Cl 6.4 | Rep 2023 (609), Sch 1.4. |
Cl 6.7 | Rep 2023 (3), Sch 1[2]. Ins 2023 (393), cl 4(2). |
Cl 6.8 | Am 2024 (168), Sch 1[7] [8]. |
Cl 6.9 | Am 2017 (493), Sch 1.2 [1]; 2024 (483), Sch 1[4]. |
Cl 6.10 | Ins 2020 (432), Sch 1. Rep 2014 (297), cl 6.10(5). |
Cl 6.11 | Ins 2020 (459), Sch 1[2]. |
Cl 6.12 | Ins 2021 (82), Sch 1. Am 2022 (72), Sch 1.13[2]. |
Cl 6.13 | Ins 2021 (467), Sch 1[2]. Am 2022 (72), Sch 1.13[3]; 2024 (483), Sch 1[5] [6]. |
Cl 6.14 | Ins 2021 (467), Sch 1[2]. |
Cl 6.13 (as originally notified) | Ins 2021 (446), cl 4. Renumbered as cl 6.15, 2021 (638), Sch 1[12]. |
Cl 6.15 (previously cl 6.13) | Renumbered 2021 (638), Sch 1[12]. Subst 2023 (552), Sch 1. |
Cl 6.16 | Ins 2021 (794), Sch 1. |
Cl 6.16A | Ins 2024 (333), Sch 1. |
Cl 6.16B | Ins 2024 (483), Sch 1[7]. |
Cl 6.16C | Ins 2024 (489), Sch 1. |
Cl 6.16D | Ins 2025 (245), Sch 1[1]. |
Part 6, Div 2 | Ins 2023 (3), Sch 1[3]. |
Cl 6.17 | Ins 2023 (3), Sch 1[3]. Am 2024 (42), Sch 1.9[1]–[3]; 2024 (483), Sch 1[8]. |
Cl 6.18 | Ins 2023 (3), Sch 1[3]. Am 2025 (550), Sch 1[1] [2]. |
Part 7 | Ins 2025 (39), Sch 1[2]. |
Cl 7.1 | Ins 2025 (39), Sch 1[2]. |
Cl 7.2 | Ins 2025 (39), Sch 1[2]. |
Cl 7.3 | Ins 2025 (39), Sch 1[2]. |
Sch 1 | Am 2017 (529), Sch 1 [21]; 2019 (478), Sch 1; 2020 (66), Sch 1[4]; 2020 (482), cl 5; 2022 (828), Sch 1.6[10]; 2024 (483), Sch 1[9]; 2025 (245), Sch 1[2]; 2025 (539), Sch 1. |
Sch 2 | Am 2016 (451), Sch 1 [7]; 2021 (638), Sch 1[13]; 2022 (72), Sch 1.13[4]; 2022 (388), cl 4; 2022 (828), Sch 1.6[11] [12]; 2023 (178), cl 4(1) (2); 2023 (432), cl 4; 2024 (483), Sch 1[10]; 2025 (246), Sch 1. |
Sch 4 | Am 2015 (375), cl 4; 2015 (633), Sch 1 [2]; 2016 (30), cl 5; 2018 (249), cl 5 (1). |
Sch 5 | Am 2017 (87), Sch 1 [5] [6]; 2017 (529), Sch 1 [22]; 2020 (381), Sch 1[1]–[6]; 2024 (291), Sch 1. |
Dictionary | Am 2017 (529), Sch 1 [23]; 2018 (249), cl 5 (2); 2021 (467), Sch 1[3]; 2023 (3), Sch 1[4]; 2024 (483), Sch 1[11]; 2025 (39), Sch 1[3]; 2025 (245), Sch 1[3]. |
Maps | Am 2015 (431), cl 4; 2015 (432), cl 4; 2015 (633), cl 4; 2016 (29), cl 4; 2016 (30), cl 4; 2016 (81), cl 4; 2017 (87), cl 4; 2017 (529), cl 4; 2017 (530), cl 4; 2018 (249), cl 4; 2019 (478), cl 4; 2020 (66), cl 4; 2020 (381), cl 4; 2020 (482), cl 4; 2021 (28), cl 4; 2021 (47), cl 4; 2021 (48), cl 4; 2021 (82), cl 4; 2021 (222), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment. |
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