Central Coast Local Environmental Plan 2022 (NSW)
This Plan is Central Coast Local Environmental Plan 2022.
This Plan commences on 1 August 2022 and is required to be published on the NSW legislation website.
This Plan aims to make local environmental planning provisions for land in the Central Coast 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 foster economic, environmental and social well-being so that the Central Coast continues to develop as a sustainable and prosperous place to live, work and visit,
(b) to encourage a range of housing, employment, recreation and services to meet the needs of existing and future residents of the Central Coast,
(c) to promote the efficient and equitable provision of public services, infrastructure and amenities,
(d) to provide for a range of local and regional community facilities for recreation, culture, health and education purposes,
(e) to conserve, protect and enhance the natural environment of the Central Coast, incorporating ecologically sustainable development,
(f) to conserve, protect and enhance the environmental and cultural heritage of the Central Coast,
(g) to minimise risk to the community in areas subject to environmental hazards, including flooding, climate change and bush fires,
(h) to promote a high standard of urban design that responds appropriately to the existing or desired future character of areas,
(i) to promote design principles in all development to improve the safety, accessibility, health and well-being of residents and visitors,
(j) to concentrate intensive land uses and trip-generating activities in locations that are most accessible to transport and centres,
(k) to encourage the development of sustainable tourism that is compatible with the surrounding environment.
This Plan applies to the land identified on the Land Application Map.
Despite subclause (1), this plan does not apply to land identified as “Gosford City Centre” on the Land Application Map.
Despite subclause (1A), only clause 5.2 and Schedule 4, Parts 1–3 of this plan apply to land identified as “Gosford City Centre” on the Land Application Map.
See State Environmental Planning Policy (Precincts—Regional) 2021, Chapter 5 for provisions applying to Gosford City Centre.
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.
The following local environmental plans are repealed under this provision—
• Gosford Local Environmental Plan 2014
• Gosford Planning Scheme Ordinance
• Interim Development Order 122—Gosford
• Wyong Local Environmental Plan 2013
• Interim Development Order No 146
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.
A development application must be determined as if Central Coast Local Environmental Plan 2022 (Amendment No 8) had not commenced if the development application—
(a) relates to land that, immediately before the commencement of the plan, was identified as “Deferred Matter” on the Land Application Map, and
(b) was made, but not finally determined, before the commencement of the plan.
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.
[Not applicable]
State Environmental Planning Policy (Housing) 2021, Chapter 4 applies to development for the purposes of boarding houses or serviced apartments 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 biodiversity certification conferred under the Biodiversity Conservation Act 2016, Part 8, or
(c) to any private land conservation agreement within the meaning of the Biodiversity Conservation Act 2016, or
(d) to any relevant instrument within the meaning of the Crown Land Management Act 2016, section 13.4, or
(e) to the relevant provisions of a land management (native vegetation) code (and the necessary mandatory code compliant certificate) with respect to a set aside area under the Local Land Services Act 2013, Part 5A, or
(f) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(g) to any property vegetation plan within the meaning of the Native Vegetation Act 2003 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or
(h) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or
(i) to any planning agreement within the meaning of the Act, Division 7.1.
This clause does not affect the rights or interests of any public authority under any registered instrument.
Under the Act, section 3.16, 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
RU3 Forestry
RU5 Village
RU6 Transition
• Residential Zones R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
• Employment Zones E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
• Mixed Use Zones MU1 Mixed Use
• Special Purpose Zones SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
SP4 Enterprise
• 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
W4 Working Waterfront
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 28 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 protect high quality and productive agricultural land, water catchment areas and land comprising high ecological or biodiversity value from inappropriate development and land management practices.
• To provide for non-agricultural land uses that support the primary production purposes of the zone.
Extensive agriculture; Home occupations
Agriculture; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat launching ramps; Building identification signs; Business identification signs; Cellar door premises; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Helipads; Home-based child care; Home businesses; Home industries; Home occupations (sex services); Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Landscaping material supplies; Open cut mining; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Sewage reticulation systems; Veterinary hospitals; Water recreation structures; Water recycling facilities; Water supply systems
Any 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 provide for a limited range of tourist and recreational uses appropriate for the rural character of the land.
Extensive agriculture; Home occupations; Recreation areas
Agriculture; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat launching ramps; Building identification signs; Business identification signs; Camping grounds; Cellar door premises; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Garden centres; Helipads; Home-based child care; Home businesses; Home industries; Home occupations (sex services); Information and education facilities; Landscaping material supplies; Open cut mining; Plant nurseries; Recreation facilities (outdoor); Roads; Roadside stalls; Rural industries; Secondary dwellings; Sewage reticulation systems; Veterinary hospitals; Water recreation structures; Water recycling facilities; Water supply systems
Any development not specified in item 2 or 3
• To enable development for forestry purposes.
• To enable other development that is compatible with forestry land uses.
• To recognise the environmental values of State forests in the Central Coast.
Environmental protection works; Uses authorised under the Forestry Act 2012 or under Part 5B (Private native forestry) of the Local Land Services Act 2013
Aquaculture; Camping grounds; Environmental facilities; Flood mitigation works; Information and education facilities; Kiosks; Recreation areas; Recreation facilities (outdoor); Roads
Any 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.
• To permit development that will not place undue demand on existing infrastructure and will serve the needs of the local community.
• To ensure development is compatible with the desired future character of the area.
Home occupations
Bee keeping; Building identification signs; Business identification signs; Business premises; Camping grounds; Car parks; Cellar door premises; Centre-based child care facilities; Community facilities; Dwelling houses; Entertainment facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Food and drink premises; Function centres; Garden centres; Hardware and building supplies; Home-based child care; Home businesses; Home occupations (sex services); Information and education facilities; Kiosks; Landscaping material supplies; Light industries; Markets; Neighbourhood shops; Oyster aquaculture; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Residential care facilities; Respite day care centres; Roads; Roadside stalls; Rural industries; Rural supplies; Schools; Secondary dwellings; Service stations; Sewage reticulation systems; Shop top housing; Shops; Tank-based aquaculture; Timber yards; Tourist and visitor accommodation; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Water recycling facilities; Water supply systems
Any development not specified in item 2 or 3
• To protect and maintain land that provides a transition between rural and other land uses of varying intensities or environmental sensitivities.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To ensure land uses do not have an adverse impact on the conservation or development potential of land.
Nil
Air transport facilities; Animal boarding or training establishments; Bed and breakfast accommodation; Building identification signs; Business identification signs; Community facilities; Dual occupancies; Dwelling houses; Electricity generating works; Emergency services facilities; Environmental facilities; Environmental protection works; Extensive agriculture; Farm buildings; Flood mitigation works; Home-based child care; Home businesses; Home industries; Home occupations; Horticulture; Information and education facilities; Oyster aquaculture; Recreation areas; Recreation facilities (outdoor); Research stations; Roads; Sewage reticulation systems; Tank-based aquaculture; Vehicle sales or hire premises; Waste or resource management facilities; Water recreation structures; Water recycling facilities; Water supply systems
Any 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 promote best practice in the design of multi dwelling housing and other similar types of development.
• To ensure that non-residential uses do not adversely affect residential amenity or place unreasonable demands on services.
Home occupations; Recreation areas
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Boat launching ramps; Boat sheds; Car parks; Caravan parks; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Educational establishments; Emergency services facilities; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Home-based child care; Home businesses; Home industries; Home occupations (sex services); Hostels; Hotel or motel accommodation; Information and education facilities; Jetties; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Residential flat buildings; Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Serviced apartments; Sewage reticulation systems; Shop top housing; Signage; Tank-based aquaculture; Water recycling facilities; Water reticulation systems; Water storage facilities
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.
• To encourage best practice in the design of low density residential development.
• To ensure that non-residential uses do not adversely affect residential amenity or place unreasonable demands on services.
• To maintain and enhance the residential amenity and character of the surrounding area.
Home occupations; Recreation areas
Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Educational establishments; Emergency services facilities; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Health consulting rooms; Home-based child care; Home businesses; Home industries; Information and education facilities; Jetties; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Sewage reticulation systems; Shop top housing; Tank-based aquaculture; Water recycling facilities; Water reticulation systems; Water storage facilities
Any development not specified in item 2 or 3
• To provide for the housing needs of the community within a medium density residential environment.
• To provide a variety of housing types within a medium density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To maintain and enhance the residential amenity of the surrounding area.
• To encourage the consolidation of existing lots to facilitate well designed medium density development and to avoid unnecessary isolation of lots.
Home occupations
Attached dwellings; Boarding houses; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Car parks; Caravan parks; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Emergency services facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Group homes; Home-based child care; Home businesses; Hostels; Information and education facilities; Jetties; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential flat buildings; Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Sewage reticulation systems; Shop top housing; Take away food and drink premises; Tank-based aquaculture; Tourist and visitor accommodation; Water recycling facilities; Water reticulation systems; Water storage facilities; Wharf or boating facilities
Farm stay accommodation; Any other development not specified in item 2 or 3
• 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.
Home occupations
Animal boarding or training establishments; Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Emergency services facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Group homes; Home-based child care; Home businesses; Home industries; Home occupations (sex services); Information and education facilities; Jetties; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Research stations; Respite day care centres; Roads; Secondary dwellings; Sewage reticulation systems; Tank-based aquaculture; Veterinary hospitals; Water recreation structures; Water recycling facilities; Water reticulation systems; Water storage facilities
Any development not specified in item 2 or 3
• 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 encourage employment opportunities in accessible locations.
• To maximise public transport patronage and encourage walking and cycling.
• To minimise conflict between land uses within the zone and land uses within adjoining zones.
• To encourage an increased residential population through stand alone development or as part of mixed use development in centres and other local areas where land is not otherwise required to serve local needs.
• To permit residential uses while maintaining active retail, business and other non-residential uses at street level to contribute to the vitality of the area.
Recreation areas; Roads
Amusement centres; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Home industries; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation facilities (indoor); Respite day care centres; Service stations; Sewage reticulation systems; Shop top housing; Tank-based aquaculture; Veterinary hospitals; Waste or resource management facilities; Water recycling facilities; Water reticulation systems; 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; Camping grounds; Caravan parks; Cemeteries; 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; Highway service centres; Industrial retail outlets; Industrial training facilities; Industries; Marinas; Mortuaries; Open cut mining; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Sewerage systems; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste disposal facilities; Water supply systems; Wholesale supplies
• To strengthen the role of the commercial centre as the centre of business, retail, community and cultural activity.
• To encourage investment in commercial development that generates employment opportunities and economic growth.
• To encourage development that has a high level of accessibility and amenity, particularly for pedestrians.
• To enable residential development only if it is consistent with the Council’s strategic planning for residential development in the area.
• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
• To support the role of Gosford City Centre as the regional business, retail and cultural centre of the Central Coast.
• To reinforce the role of the Tuggerah-Wyong economic corridor as a key strategic centre in the Central Coast.
• To encourage a diverse and compatible range of activities, including commercial and retail development, cultural and entertainment facilities, tourism, leisure and recreation facilities and social, education and health services.
• To provide for residential uses, but only as part of mixed use development.
• To protect and enhance scenic quality and to provide for the creation and retention of view corridors in commercial centres.
Nil
Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Home industries; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Mortuaries; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restricted premises; Sewage reticulation systems; Shop top housing; Tank-based aquaculture; Vehicle repair stations; Veterinary hospitals; Waste or resource management facilities; Water recycling facilities; Water reticulation systems; 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; Camping grounds; Caravan parks; Cemeteries; 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; Highway service centres; Industrial retail outlets; Industrial training facilities; Industries; Marinas; Open cut mining; Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Sewerage systems; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Water supply systems; 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.
• To ensure the locations of businesses requiring large floor plates do not adversely affect commercial or residential areas.
• To ensure business areas are not adversely affected by residential development.
• To provide for residential uses, but only as part of mixed-use development.
• To provide primarily for businesses along key corridors.
• To permit limited residential accommodation that contributes to the provision of employment opportunities.
Nil
Animal boarding or training establishments; Boat building and repair facilities; Business premises; Centre-based child care facilities; Community facilities; Depots; Food and drink premises; Function centres; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Kiosks; Landscaping material supplies; Light industries; Local distribution premises; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Rural supplies; Service stations; Shop top housing; 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; Waste or resource management facilities; Water recycling facilities; Water reticulation systems; Wholesale supplies; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Camping grounds; Caravan parks; Cemeteries; Commercial premises; Correctional centres; Crematoria; Eco-tourist facilities; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Home occupations (sex services); Industries; Marinas; Open cut mining; Residential accommodation; Resource recovery facilities; Rural industries; Sewerage systems; Tourist and visitor accommodation; Truck depots; Waste disposal facilities; 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 ensure that retail, commercial or service land uses in industrial areas are of an ancillary nature.
• To support and protect industrial land for industrial uses.
Recreation areas
Depots; Food and drink premises; Freight transport facilities; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Industrial retail outlets; Industrial training facilities; Kiosks; Landscaping material supplies; Light industries; Liquid fuel depots; Local distribution premises; Neighbourhood shops; Oyster aquaculture; Plant nurseries; Rural supplies; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4
Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Heavy industrial storage establishments; Heavy industries; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Hospitals; Information and education facilities; Marinas; Mooring pens; Moorings; Open cut mining; Public administration buildings; Residential accommodation; Tourist and visitor accommodation; Water recreation structures
• To encourage a diversity of business, retail, office and light industrial land uses that generate employment opportunities.
• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
• To encourage a diverse and compatible range of activities, including commercial and retail development, cultural and entertainment facilities, tourism, leisure and recreation facilities, and social, education and health services.
• To provide for residential uses, but only as part of mixed-use development.
• To protect and enhance the scenic qualities and character of commercial centres.
• To allow development to take advantage of and retain view corridors while avoiding a continuous built edge along the waterfront.
• To create opportunities to improve the public domain and pedestrian links.
• To enliven waterfronts by allowing a wide range of commercial, retail and residential activities immediately adjacent to waterfronts and increase opportunities for interaction between public and private domains.
• To minimise conflict between land uses within the zone and land uses within adjoining zones.
Nil
Amusement centres; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Information and education facilities; Light industries; Local distribution premises; Medical centres; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Waste or resource management facilities; Water recycling facilities; Water reticulation systems; 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; Camping grounds; Caravan parks; Cemeteries; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Industrial retail outlets; Industrial training facilities; Industries; Marinas; Mortuaries; Open cut mining; Residential accommodation; Resource recovery facilities; Rural industries; Sewerage systems; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Water supply systems; 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.
Environmental facilities; Environmental protection works; Recreation areas
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.
• To recognise existing railway land, major roads and utility installations and to enable their future development and expansion.
Nil
Aquaculture; 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 facilitate the provision of limited permanent accommodation in the form of mixed use development to improve the off-season viability of tourist-based development.
• To protect and enhance the natural environment for tourist and recreational purposes.
Nil
Amusement centres; Aquaculture; Attached dwellings; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Car parks; Caravan parks; Charter and tourism boating facilities; Community facilities; Dwelling houses; Eco-tourist facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Exhibition homes; Flood mitigation works; Food and drink premises; Function centres; Helipads; Home businesses; Home occupations; Information and education facilities; Jetties; Kiosks; Neighbourhood shops; Passenger transport facilities; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Roads; Secondary dwellings; Semi-detached dwellings; Sewage reticulation systems; Shop top housing; Tourist and visitor accommodation; Water recreation structures; Water recycling facilities; Water reticulation systems
Any development not specified in item 2 or 3
• To provide for development and land uses that support enterprise and productivity.
• To provide a range of office and light industrial uses.
• To encourage employment opportunities.
• To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
• To permit limited residential accommodation that contributes to the provision of employment opportunities.
Nil
Building identification signs; Business identification signs; Take away food and drink premises; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Kiosks; Light industries; Neighbourhood shops; Office premises; Oyster aquaculture; Serviced apartments; Shop top housing; Tank-based aquaculture; Water reticulation systems; Water storage facilities; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Camping grounds; Caravan parks; Cemeteries; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industries; Marinas; Mortuaries; Open cut mining; Registered clubs; Residential accommodation; Resource recovery facilities; Restricted premises; Rural industries; Sewerage systems; Storage premises; Tourist and visitor accommodation; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Waste disposal facilities; Water supply systems; Wharf or boating facilities
• To enable land to be used for public open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
• To identify areas suitable for development for recreation and cultural purposes.
• To provide space for integrated stormwater treatment devices for flow and water quality management.
Environmental facilities; Environmental protection works
Aquaculture; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Car parks; Caravan parks; Charter and tourism boating facilities; Centre-based child care facilities; Community facilities; Eco-tourist facilities; Emergency services facilities; Entertainment facilities; Flood mitigation works; Food and drink premises; Function centres; Information and education facilities; Jetties; Kiosks; Marinas; Markets; Mooring pens; Moorings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Sewerage systems; Water recreation structures; Water supply systems
Any development not specified in item 2 or 3
• To enable land to be used for private open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
• To offer opportunities for development for community and tourism purposes that is compatible with the natural environment.
Nil
Amusement centres; Aquaculture; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Charter and tourism boating facilities; Community facilities; Eco-tourist facilities; Emergency services facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Food and drink premises; Function centres; Information and education facilities; Jetties; Kiosks; Marinas; Markets; Mooring pens; Moorings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Roads; Sewerage systems; Water recreation structures; Water supply systems
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.
Nil
Eco-tourist facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Oyster aquaculture; Recreation areas; Research stations; Roads; Sewage reticulation systems; Water recycling facilities; Water reticulation systems; Water storage facilities
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.
• To provide for a limited range of development that does not have an adverse effect on those values.
• To provide a buffer to land of high ecological value or land that has environmental constraints or hazards.
Home occupations
Animal boarding or training establishments; Bed and breakfast accommodation; Building identification signs; Business identification signs; Community facilities; Dual occupancies; Dwelling houses; Eco-tourist facilities; Emergency services facilities; Environmental facilities; Environmental protection works; Extensive agriculture; Farm buildings; Farm stay accommodation; Flood mitigation works; Home-based child care; Home businesses; Home industries; Horticulture; Information and education facilities; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Research stations; Roads; Roadside stalls; Secondary dwellings; Sewage reticulation systems; Sewage treatment plants; Tank-based aquaculture; Veterinary hospitals; Water recreation structures; Water recycling facilities; Water supply systems
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.
• To allow additional land uses that will not have an adverse impact on those values.
Home occupations
Animal boarding or training establishments; Bed and breakfast accommodation; Bee keeping; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Eco-tourist facilities; Educational establishments; Emergency services facilities; Environmental facilities; Environmental protection works; Farm buildings; Flood mitigation works; Group homes; Home-based child care; Home businesses; Home industries; Home occupations (sex services); Information and education facilities; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Research stations; Respite day care centres; Roads; Roadside stalls; Secondary dwellings; Sewage reticulation systems; Signage; Tank-based aquaculture; Veterinary hospitals; Water recycling facilities; Water supply systems
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.
• To provide for sustainable aquaculture.
Environmental facilities; Environmental protection works; Moorings
Aquaculture; Boat sheds; Flood mitigation works; Jetties; Passenger transport facilities; Research stations; Sewage reticulation systems; Water recreation structures; Water reticulation systems
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect the ecological, scenic and recreation values of recreational waterways.
• To allow for water-based recreation and related uses.
• To provide for sustainable fishing industries and recreational fishing.
• To encourage the continuous public access to and along the foreshore and to reinforce the foreshore character and respect for existing environmental conditions.
Environmental facilities; Environmental protection works; Moorings
Aquaculture; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Car parks; Charter and tourism boating facilities; Emergency services facilities; Flood mitigation works; Food and drink premises; Function centres; Information and education facilities; Jetties; Kiosks; Marinas; Markets; Mooring pens; Passenger transport facilities; Sewage reticulation systems; Water recreation structures; Water reticulation systems; 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
• To retain and encourage industrial and maritime activities on foreshores.
• To identify sites for maritime purposes and for activities requiring direct foreshore access.
• To ensure that development does not have an adverse impact on the environment and visual qualities of the foreshore.
• To encourage employment opportunities.
• To minimise any adverse effect of development on land uses in other zones.
Nil
Aquaculture; Boat building and repair facilities; Boat launching ramps; Jetties; Light industries; Water reticulation systems; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Centre-based child care facilities; Commercial premises; Community facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Freight transport facilities; Function centres; Health services facilities; Heavy industrial storage establishments; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industrial retail outlets; Industries; Information and education facilities; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Resource recovery facilities; Restricted premises; Rural industries; Service stations; Sewage treatment plants; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Waste disposal facilities; Water supply systems; Wholesale supplies
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.
(e) (Repealed)
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.
The objectives of this clause are as follows—
(a) to reflect State, regional and local planning strategies relating to the provision of various sizes of land,
(b) to ensure lot sizes are able to accommodate suitable development that is consistent with relevant development controls,
(c) to ensure the subdivision of land is carried out in a way that—
(i) protects the physical characteristics of the land, and
(ii) does not create potential physical hazards or adversely affect the amenity of the area for neighbours, and
(iii) enables infrastructure and services to be provided to development on the land, and
(iv) will not, through its potential cumulative effects, overburden existing infrastructure, and
(v) is compatible with the desired future character of the surrounding areas,
(d) to promote the ecologically, socially and economically sustainable subdivision of land.
This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
This clause does not apply in relation to the subdivision of any land—
(a) by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or
(b) by any kind of subdivision under the Community Land Development Act 2021.
The objectives of this clause are as follows—
(a) to ensure the subdivision of land within a community scheme occurs in a way that—
(i) protects the physical characteristics of the land, and
(ii) does not create potential physical hazards or adversely affect the amenity of the area for neighbours, and
(iii) enables infrastructure and services to be provided to development on the land, and
(iv) will not, through its potential cumulative effects, overburden existing infrastructure, and
(v) is compatible with the desired future character of the area,
(b) to ensure land to which this clause applies is not fragmented by subdivisions that 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) RU1 Primary Production,
(b) RU2 Rural Landscape,
(c) RU5 Village,
(d) RU6 Transition,
(e) R2 Low Density Residential,
(f) R5 Large Lot Residential,
(g) C3 Environmental Management,
(h) 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 enable appropriate subdivision of certain land—
(a) to provide for a range of lot sizes, and
(b) to retain a predominantly rural and large lot residential character.
This clause applies to land—
(a) identified as “Dwelling Density” on the Dwelling Density Map, and
(b) wholly within Zone R5 Large Lot Residential.
Subdivision of land to which this clause applies is permitted with development consent if—
(a) none of the lots being subdivided were created by a previous subdivision under—
(i) this clause, or
(ii) Wyong Local Environmental Plan 2013, clause 4.1C, before its repeal, and
(b) each of the lots created by the subdivision are within a community scheme under the Community Land Development Act 2021, and
(c) each of the lots created by the subdivision will be at least 900m
2 , and(d) no more than 30% of the area of the lots created by the subdivision consist of lots that are smaller than the minimum size shown on the Lot Size Map, and
(e) the development will not result in there being more than 300 lots on land shown on the Dwelling Density Map, and
(f) the consent authority is satisfied the subdivision of land will not affect the retention of the predominantly rural and large lot residential character of the locality.
The objective of this clause is to achieve planned residential density in certain zones.
This clause applies to a lot on land in the following zones—
(a) Zone R1 General Residential,
(b) Zone R2 Low Density Residential,
(c) Zone R3 Medium Density Residential.
Development consent must not be granted to development for the purposes of dual occupancies unless the size of the lot is at least—
(a) for dual occupancies (attached)—550m
2 , or(b) for dual occupancies (detached)—700m
2 .
The objectives of this clause are as follows—
(a) to provide opportunities for affordable housing in appropriate locations,
(b) to encourage housing diversity without adversely affecting residential amenity.
This clause applies to land in the following zones—
(a) Zone R1 General Residential,
(b) Zone R2 Low Density Residential.
A single development consent may be granted for development on land to which this clause applies if the development application is for both of the following—
(a) the erection of a dual occupancy,
(b) the subdivision of the land into 2 lots that are both smaller than the minimum size shown on the Lot Size Map.
Development consent may also be granted to the subdivision of land to which this clause applies if—
(a) a dual occupancy has been lawfully erected on the land, and
(b) the subdivision will result in 2 lots that are both smaller than the minimum size shown on the Lot Size Map.
The objectives of this clause are as follows—
(a) to provide opportunities for affordable housing in appropriate locations,
(b) to encourage housing diversity without adversely affecting residential amenity.
This clause applies to land in Zone R1 General Residential.
A single development consent may be granted for development on land to which this clause applies if the development application is for both of the following—
(a) the subdivision of the land into 5 or more lots that are all smaller than the minimum size shown on the Lot Size Map,
(b) the erection of a dwelling house on each lot resulting from the subdivision.
In deciding whether to grant development consent, the consent authority must consider the following—
(a) the likely impact of the height of the buildings resulting from the development on adjoining land in relation to visual impacts and overshadowing,
(b) whether adequate pedestrian, vehicular and service access and car parking will be provided,
(c) whether the development incorporates the principles of ecologically sustainable development,
(d) the relationship between each of the buildings resulting from the development in relation to location and siting.
The objectives of this clause are as follows—
(a) to provide for the subdivision of lots that are within more than 1 zone but cannot be subdivided under clause 4.1,
(b) to ensure the subdivision occurs in a way that promotes suitable land uses and development.
This clause applies to each lot (an
(a) land in Zone R5 Large Lot Residential or Zone C4 Environmental Living, and
(b) land in Zone C2 Environmental Conservation or Zone C3 Environmental Management.
An original lot may be subdivided to create other lots (the
(a) all resulting lots containing land in Zone R5 Large Lot Residential contain at least 1ha of land in Zone R5 Large Lot Residential, and
(b) all resulting lots containing land in Zone C4 Environmental Living contain at least 1ha of land in Zone C4 Environmental Living, and
(c) 1 of the resulting lots—
(i) contains all of the land in Zone C2 Environmental Conservation or Zone C3 Environmental Management that was in the original lot, and
(ii) has an area in hectares of at least the number calculated in accordance with the following formula—
where—
A is the number of resulting lots containing land in Zone R5 Large Lot Residential or Zone C4 Environmental Living, but does not include a lot containing at least 2ha of land in either zone.B is the area of any part of the resulting lots containing land in Zone R5 Large Lot Residential or Zone C4 Environmental Living measured in hectares, but does not include any part of a lot containing at least 2ha of land in either zone.
Development consent must not be granted for a subdivision under subclause (3) unless—
(a) the land referred to in subclause (3)(c) will not be used for the following purposes—
(i) eco-tourist facilities,
(ii) residential accommodation,
(iii) tourist and visitor accommodation, and
(b) the consent authority is satisfied suitable arrangements have been, or will be, made for the long-term conservation and management of the land referred to in subclause (3)(c).
The objective of this clause is to provide flexibility in the application of standards for the subdivision of land to be used for the purposes of long-term biodiversity conservation management.
Development consent may be granted for the subdivision of land that creates a lot that has an area less than the minimum lot size shown on the Lot Size Map in relation to the land if the consent authority is satisfied—
(a) the subdivision will facilitate the long-term biodiversity conservation management of the lot, and
(b) suitable arrangements have been, or will be, made for the long-term protection, conservation and management of the lot, and
(c) the subdivision will not require the clearing of native vegetation other than native vegetation required to be removed for the long-term protection, conservation and management of the lot.
Development consent must not be granted for the erection of a dwelling on a lot—
(a) created by a subdivision under subclause (2), and
(b) that has an area less than the minimum lot size shown on the Lot Size Map in relation to the land.
The objectives of this clause are as follows—
(a) to provide for the subdivision of lots that are within more than one zone and cannot be subdivided under clause 4.1,
(b) to ensure that the subdivision occurs in a way that promotes sustainable 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 RU6 Transition, Zone C2 Environmental Conservation or Zone C3 Environmental Management.
Development consent may be granted to subdivide an original lot to create other lots (the
(a) 1 of the resulting lots will contain—
(i) land in a residential, employment or mixed use zone that has an area not less than the minimum lot size shown on the Lot Size Map in relation to the land, and
(ii) all the land in the following zones that was in the original lot—
(A) Zone RU1 Primary Production,
(B) Zone RU2 Rural Landscape,
(C) Zone RU6 Transition,
(D) Zone C2 Environmental Conservation,
(E) Zone C3 Environmental Management, and
(b) all other resulting lots will contain land that has an area not less than the minimum lot size shown on the Lot Size Map in relation to the land, and
(c) the subdivision will facilitate the management and protection of the environmental values of the land.
If a resulting lot has an area of less than the minimum lot size shown on the Lot Size Map in relation to the land, development consent must not be granted for the erection of a dwelling on the lot.
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 ensure the subdivision of land is carried out in a way that—
(i) protects the physical characteristics of the land, and
(ii) does not create potential physical hazards or adversely affect the amenity of the area for neighbours, and
(iii) enables infrastructure and services to be provided to development on the land, and
(iv) will not, through its potential cumulative effects, overburden existing infrastructure, and
(v) is compatible with the desired future character of the surrounding areas,
(b) to ensure land to which this clause applies is not fragmented by subdivisions that 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 RU5 Village,
(d) Zone RU6 Transition,
(e) Zone R5 Large Lot Residential,
(f) Zone C3 Environmental Management,
(g) Zone C4 Environmental Living.
Development consent must not be granted to the subdivision of land by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015 if the subdivision would result in lots that are smaller than the minimum size shown on the Lot Size Map.
This clause does not apply to a lot comprising common property within the meaning of the Strata Schemes Development Act 2015.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, Part 6 provides that strata subdivision of a building in certain circumstances is specified complying development.
The objective of this clause is to enable development for the purposes of dwelling houses or dual occupancies—
(a) on land on which the erection of a dwelling house or dual occupancy was permissible before the commencement of this Plan, and
(b) in other specified circumstances.
This clause applies to land in the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU6 Transition,
(d) Zone C3 Environmental Management.
Development consent must not be granted for the erection of a dwelling house or dual occupancy on land to which this clause applies unless the land—
Sewage treatment plants are a type of
(a) biosolids treatment facility,
(b) sewage reticulation system,
(c) sewage treatment plant,
(d) water recycling facility,
(e) a building or place that is a combination of any of the things referred to in paragraphs (a)–(d).
Shops are a type of
Shop top housing is a type of
(a) an advertising structure,
(b) a building identification sign,
(c) a business identification sign,
but does not include a traffic sign or traffic control facilities.
The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.
(a) any basement,
(b) any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,
(c) any eaves,
(d) unenclosed balconies, decks, pergolas and the like.
Small bars are a type of
The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
(a) a large area for handling, display or storage, or
(b) direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,
but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale, hire or display of other goods referred to in this definition.
Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies.
Specialised retail premises are a type of
Stock and sale yards are a type of
(a) a space that contains only a lift shaft, stairway or meter room, or
(b) a mezzanine, or
(c) an attic.
The term is defined as follows—
(a) that is capable of being filled with water to a depth of 300 millimetres or more, and
(b) that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.
Take away food and drink premises are a type of
Tank-based aquaculture is a type of
(a) any part of the infrastructure of a telecommunications network, or
(b) any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or
(c) any other thing used in or in connection with a telecommunications network.
The term is defined as follows—
Timber yards are a type of
(a) backpackers’ accommodation,
(b) bed and breakfast accommodation,
(c) farm stay accommodation,
(d) hotel or motel accommodation,
(e) serviced apartments,
but does not include—
(f) camping grounds, or
(g) caravan parks, or
(h) eco-tourist facilities.
Turf farming is a type of
(a) mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and
(b) shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),
but does not include open cut mining.
Vehicle sales or hire premises are a type of
Viticulture is a type of
Waste disposal facilities are a type of
(a) a resource recovery facility,
(b) a waste disposal facility,
(c) a waste or resource transfer station,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
Waste or resource transfer stations are a type of
(a) retention structures, and
(b) treatment works, and
(c) irrigation schemes.
Water recycling facilities are a type of
Water reticulation systems are a type of
Water storage facilities are a type of
(a) a water reticulation system,
(b) a water storage facility,
(c) a water treatment facility,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
Water treatment facilities are a type of
(a) natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b) artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
(a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c) wharves for commercial fishing operations,
(d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e) sea walls or training walls,
(f) administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
Central Coast Local Environmental Plan 2022 (308). LW 24.6.2022. Date of commencement, 1.8.2022, cl 1.1AA. This Plan has been amended as follows—
(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. | |
(421) | Central Coast Local Environmental Plan 2022 (Amendment No 1). LW 29.7.2022. Date of commencement, immediately following the commencement of Central Coast Local Environmental Plan 2022 (308) (ie 1.8.2022), sec 2. | |
(592) | Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2022. LW 6.10.2022. Date of commencement, 1.12.2022, cl 2. | |
(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. | |
(629) | State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022. Date of commencement, 21.11.2022, sec 2. | |
(762) | Central Coast Local Environmental Plan 2022 (Amendment No 2). LW 9.12.2022. Date of commencement, on publication on LW, cl 2. | |
(828) | State Environmental Planning Policy Amendment (Land Use Zones) (No 2) 2022. LW 16.12.2022. Date of commencement, 26.4.2023, sec 2. Amended by State Environmental Planning Policy Amendment (Land Use Zones) 2023 (82). LW 24.2.2023. Date of commencement, on publication on LW, sec 2. | |
(402) | Central Coast Local Environmental Plan 2022 (Amendment No 3). LW 21.7.2023. Date of commencement, on publication on LW, cl 2. | |
(458) | State Environmental Planning Policy Amendment (Agritourism) 2023. LW 18.8.2023. Date of commencement, on publication on LW, sec 2. | |
(522) | Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023. LW 15.9.2023. Date of commencement, 1.11.2023, cl 2. | |
(523) | State Environmental Planning Policy Amendment (Estimated Development Cost) 2023. LW 15.9.2023. Date of commencement, 4.3.2024, sec 2. | |
(554) | State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023. LW 29.9.2023. Date of commencement, 1.10.2023, sec 2. | |
(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. | |
(615) | Central Coast Local Environmental Plan 2022 (Amendment No 5). LW 17.11.2023. Date of commencement, on publication on LW, cl 2. | |
(623) | Central Coast Local Environmental Plan 2022 (Amendment No 4). LW 24.11.2023. |
Date of commencement, on publication on LW, cl 2. | ||
(664) | State Environmental Planning Policy Amendment (Housing) 2023. LW 14.12.2023. Date of commencement of Sch 3.4, on publication on LW, sec 2(b). | |
(200) | Central Coast Local Environmental Plan 2022 (Amendment No 6). LW 7.6.2024. Date of commencement, on publication on LW, cl 2. | |
(462) | Central Coast Local Environmental Plan 2022 (Amendment No 7). LW 6.9.2024. Date of commencement, on publication on LW, cl 2. | |
(204) | Central Coast Local Environmental Plan 2022 (Amendment No 8). LW 9.5.2025. Date of commencement, on publication on LW, cl 2. | |
(350) | State Environmental Planning Policy (Planning Systems) Amendment (Kanwal Site) 2025. LW 11.7.2025. Date of commencement, on publication on LW, sec 2. | |
(398) | Central Coast Local Environmental Plan 2022 (Amendment No 9). LW 8.8.2025. Date of commencement, on publication on LW, cl 2. | |
(511) | Standard Instrument (Local Environmental Plans) Amendment (Group Homes) Order 2025. LW 19.9.2025. Date of commencement, on publication on LW, cl 2. | |
(523) | Central Coast Local Environmental Plan 2022 (Amendment No 10). LW 26.9.2025. Date of commencement, on publication on LW, cl 2. |
No reference is made to certain amendments made consequential on the amendment of the Standard Instrument (Local Environmental Plans) Order 2006.
Cl 1.3 | Am 2025 (204), Sch 1[1]; 2025 (398), Sch 1[1]. |
Cl 1.8 | Am 2025 (204), Sch 1[2] [3]. |
Cl 1.8A | Am 2023 (609), Sch 1.1[1]; 2025 (204), Sch 1[4]. |
Cl 1.9 | Am 2023 (664), Sch 3.4. |
Cl 2.1 | Am 2022 (828), Sch 1.8[1]–[3]. |
Land Use Table | Am 2022 (421), Sch 1[1]; 2022 (828), Sch 1.8[4]–[6]. |
Cl 4.1E | Am 2025 (204), Sch 1[5]–[7]. |
Cl 4.1F | Subst 2025 (204), Sch 1[8]. |
Cl 4.1G | Ins 2024 (462), Sch 1. Subst 2025 (204), Sch 1[8]. |
Cl 4.3A | Am 2023 (402), cl 5(1). |
Cl 4.4A | Am 2023 (402), cl 5(2) (3). |
Cl 4.6 | Am 2023 (554), Sch 2.7[1]. |
Cl 5.1 | Am 2022 (828), Sch 1.8[7]. |
Cl 5.9 | Am 2022 (828), Sch 1.8[8]–[10]. |
Cl 5.22 | Subst 2023 (609), Sch 1.1[2]. |
Cl 5.23 | Ins 2022 (629), Sch 2[1]. |
Cl 5.24 | Subst 2023 (458), Sch 1[2]. |
Cl 6.1 | Rep 2023 (554), Sch 2.7[2]. |
Cl 7.7 | Am 2023 (523), Sch 1.2[1] [2]. |
Cl 7.11 | Subst 2022 (828), Sch 1.8[11] (am 2023 (82), Sch 1.2[2]). |
Cl 7.14 | Am 2022 (828), Sch 1.8[12]. |
Cl 7.16 | Am 2022 (828), Sch 1.8[13]. |
Cl 7.23 | Rep 2023 (609), Sch 1.5. |
Cl 7.24 | Ins 2022 (762), Sch 1[1]. |
Cl 7.25 | Ins 2025 (204), Sch 1[9]. |
Part 8 | Ins 2025 (350), Sch 1. |
Cl 8.1 | Ins 2025 (350), Sch 1. |
Cl 8.2 | Ins 2025 (350), Sch 1. |
Cl 8.3 | Ins 2025 (350), Sch 1. |
Cl 8.4 | Ins 2025 (350), Sch 1. |
Cl 8.5 | Ins 2025 (350), Sch 1. |
Sch 1 | Am 2022 (421), Sch 1[2]–[4]; 2022 (762), Sch 1[2]; 2023 (623), Sch 1; 2024 (200), Sch 1[1]; 2025 (204), Sch 1[10]; 2025 (523), Sch 1[1] [2]. |
Sch 4 | Am 2025 (398), Sch 1[2]. |
Sch 5 | Am 2022 (421), Sch 1[5]; 2023 (615), Sch 1; 2024 (200), Sch 1[2] [3]; 2025 (204), Sch 1[11]. |
Dictionary | Am 2025 (398), Sch 1[3]. |
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