Clarence Valley Local Environmental Plan 2011 (NSW)

Part 1Preliminary1.1Name of Plan

This Plan is Clarence Valley Local Environmental Plan 2011.

1.1AACommencement

This Plan commences on the day on which it is published on the NSW legislation website.

1.2Aims of Plan(1)

This Plan aims to make local environmental planning provisions for land in Clarence Valley in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.

(2)

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 encourage and enable the sustainable use, development and management of natural and man-made resources, including agricultural land resources and productive rural lands,
(b)
to limit dispersed rural settlement,
(c)
to provide a mix of housing, including affordable housing, to meet the needs of the community,
(d)
to protect areas of high ecological, scientific, cultural or aesthetic value,
(e)
to provide adequate access and services to development carried out in accordance with this Plan,
(f)
to maintain the character of villages and towns,
(g)
to conserve items and areas of environmental and cultural heritage,
(h)
to provide a hierarchy of business/retail centres,
(i)
to identify land for industrial and business development that provides opportunities for employment,
(j)
to protect key infrastructure and ensure adequate integration of infrastructure and development,
(k)
to maintain or improve the natural conservation and scenic amenity values of the land, including significant habitat areas and wildlife corridors.

1.3Land to which Plan applies

This Plan applies to the land identified on the Land Application Map.

1.4Definitions

The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.

1.5Notes

Notes in this Plan are provided for guidance and do not form part of this Plan.

1.6Consent authority

The consent authority for the purposes of this Plan is (subject to the Act) the Council.

1.7Maps(1)

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.

(1AA)

(Repealed)

(2)

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.

(3)

Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.

(4)

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.

Note.

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.

1.8Repeal of planning instruments applying to land(1)

All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.

Note.

The following local environmental plans are repealed under this provision—

•
Copmanhurst Local Environmental Plan 1990
•
Grafton Local Environmental Plan 1988
•
Maclean Local Environmental Plan 2001
•
Nymboida Local Environmental Plan 1986
•
Ulmarra Local Environmental Plan 1992

(2)

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.

Note.

The Richmond River Local Environmental Plan 1992 ceases to apply to land to which this Plan applies as a consequence of this Plan.

1.8ASavings provision relating to development applications(1)

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.

Note.

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.

(2)

To avoid doubt, the amendment of this Plan by Clarence Valley Local Environmental Plan 2011 (Amendment No 25) applies to the determination of a development application made (but not finally determined) before the commencement of that amendment.

(3)

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.

cl 1.8A: Am 2016 (452), Sch 1 [1]; 2019 (621), Sch 5[1]; 2023 (609), Sch 1.1[1].

1.9Application of SEPPs(1)

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.

(2)

The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—

cl 1.9: Am 2016 (310), Sch 4.6.

1.9ASuspension of covenants, agreements and instruments(1)

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.

(2)

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.

(3)

This clause does not affect the rights or interests of any public authority under any registered instrument.

(4)

Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).

cl 1.9A: Am 2019 (621), Sch 5[2]–[4].

Part 2Permitted or prohibited development2.1Land use zones

The land use zones under this Plan are as follows—

•Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
•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
•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
•Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
W3 Working Waterways
W4 Working Waterfront

cl 2.1: Am 2022 (829), Sch 1.5[1] [2].

2.2Zoning of land to which Plan applies

For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.

2.3Zone objectives and Land Use Table(1)

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.

(2)

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.

(3)

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.

(4)

This clause is subject to the other provisions of this Plan.

Notes.

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.

2.4Unzoned land(1)

Development may be carried out on unzoned land only with development consent.

(2)

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.

2.5Additional permitted uses for particular land(1)

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.

(2)

This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.

2.6Subdivision—consent requirements(1)

Land to which this Plan applies may be subdivided, but only with development consent.

Notes.

If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.

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 complying development.

(2)

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.

Note.

The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.

2.7Demolition requires development consent

The demolition of a building or work may be carried out only with development consent.

Note.

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.

2.8Temporary use of land(1)

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.

(2)

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.

(3)

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.

(4)

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.

(5)

Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).

2.9Canal estate development prohibited(1)

Canal estate development is prohibited on land to which this Plan applies.

(2)

In this Plan, canal estate development means development that involves—

(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.

(3)

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.

(4)

In this clause—

flood planning area has the same meaning as in clause 5.21.

Land Use TableNote—

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

Land Use tbl: Am 2016 (591), Sch 1 [1]–[9]; 2016 (592), Sch 1 [1] [2]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2020 (102), Sch 1[1]; 2021 (714), Sch 10.4; 2022 (314), Sch 1; 2022 (343), Sch [1]–[3]; 2022 (829), Sch 1.5[3] [4]; 2023 (458), Sch 2.20; 2024 (368), Sch 1[1].

Zone RU1Primary Production1Objectives of zone

•
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 prevent dispersed rural settlement.
•
To ensure that development does not unreasonably increase the demand for public services or public facilities.
•
To ensure development is not adversely impacted by environmental hazards.

2Permitted without consent

Environmental protection works; Extensive agriculture; Forestry; Home-based child care; Home businesses; Home industries; Home occupations; Home occupations (sex services); Horticulture; Viticulture

3Permitted with consent

Agritourism; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat sheds; Cellar door premises; Cemeteries; Community facilities; Crematoria; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Health consulting rooms; Helipads; Intensive livestock agriculture; Intensive plant agriculture; Neighbourhood shops; Open cut mining; Recreation areas; Roads; Roadside stalls; Rural industries; Rural workers’ dwellings; Secondary dwellings; Signage; Veterinary hospitals; Water recreation structures

4Prohibited

Any development not specified in item 2 or 3

Zone RU2Rural Landscape1Objectives of zone

•
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 land for less intensive agricultural production.
•
To prevent dispersed rural settlement.
•
To minimise conflict between land uses within the zone and with adjoining zones.
•
To ensure that development does not unreasonably increase the demand for public services or public facilities.
•
To ensure development is not adversely impacted by environmental hazards.

2Permitted without consent

Environmental protection works; Extensive agriculture; Forestry; Home-based child care; Home businesses; Home industries; Home occupations; Home occupations (sex services); Horticulture; Viticulture

3Permitted with consent

Agritourism; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat sheds; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Centre-based child care facilities; Community facilities; Correctional centres; Crematoria; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Farm buildings; Farm stay accommodation; Flood mitigation works; Function centres; Health consulting rooms; Helipads; Intensive livestock agriculture; Intensive plant agriculture; Landscaping material supplies; Neighbourhood shops; Open cut mining; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Respite day care centres; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Signage; Veterinary hospitals; Water recreation structures

4Prohibited

Any development not specified in item 2 or 3

Zone RU3Forestry1Objectives of zone

•
To enable development for forestry purposes.
•
To enable other development that is compatible with forestry land uses.

2Permitted without consent

Uses authorised under the Forestry Act 2012 or under Part 5B (Private native forestry) of the Local Land Services Act 2013

3Permitted with consent

Aquaculture; Depots; Dwelling houses; Environmental facilities; Environmental protection works; Extensive agriculture; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Home-based child care; Home businesses; Home industries; Home occupations; Home occupations (sex services); Open cut mining; Recreation areas; Roads; Sawmill or log processing works

4Prohibited

Any development not specified in item 2 or 3

Zone R1General Residential1Objectives of zone

•
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.

2Permitted without consent

Home-based child care; Home occupations; Home occupations (sex services)

3Permitted with consent

Attached dwellings; Boarding houses; Caravan parks; Centre-based child care facilities; Community facilities; Dwelling houses; Educational establishments; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Food and drink premises; Group homes; Health consulting rooms; Home businesses; Home industries; Hostels; Information and education facilities; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Residential accommodation; Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation

4Prohibited

Rural workers’ dwellings; Any other development not specified in item 2 or 3

Zone R2Low Density Residential1Objectives of zone

•
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.

2Permitted without consent

Home-based child care; Home occupations; Home occupations (sex services)

3Permitted with consent

Bed and breakfast accommodation; Boarding houses; Boat sheds; Centre-based child care facilities; Community facilities; Dwelling houses; Educational establishments; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Health consulting rooms; Home businesses; Home industries; Information and education facilities; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Residential accommodation; Respite day care centres; Roads; Tank-based aquaculture; Water recreation structures

4Prohibited

Attached dwellings; Multi dwelling housing; Residential flat buildings; Rural workers’ dwellings; Any other development not specified in item 2 or 3

Zone R3Medium Density Residential1Objectives of zone

•
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 enable serviced apartments while maintaining the medium density residential character and amenity of a locality.

2Permitted without consent

Home-based child care; Home occupations; Home occupations (sex services)

3Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Community facilities; Educational establishments; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Health consulting rooms; Home businesses; Home industries; Information and education facilities; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Residential accommodation; Respite day care centres; Roads; Seniors housing; Serviced apartments; Tank-based aquaculture; Water recreation structures

4Prohibited

Rural workers’ dwellings; Shop top housing; Any other development not specified in item 2 or 3

Zone R5Large Lot Residential1Objectives of zone

•
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.
•
To ensure development is not adversely impacted by environmental hazards.
•
To protect areas of vegetation and waterways with conservation value and scenic amenity.

2Permitted without consent

Environmental protection works; Home-based child care; Home occupations; Home occupations (sex services)

3Permitted with consent

Bed and breakfast accommodation; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Exhibition homes; Exhibition villages; Extensive agriculture; Farm buildings; Flood mitigation works; Health consulting rooms; Home businesses; Home industries; Horticulture; Information and education facilities; Neighbourhood shops; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Roadside stalls; Secondary dwellings; Tank-based aquaculture; Viticulture

4Prohibited

Any development not specified in item 2 or 3

Zone E1Local Centre1Objectives of zone

•
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 reinforce and support the central business districts of Maclean, Iluka and Yamba as the commercial centres for those towns.
•
To minimise conflict between land uses within the zone and land uses within adjoining zones.
•
To enable other land uses that are compatible with, and do not detract from, the viability of retail, business, entertainment and community uses within the zone.
•
To reinforce the neighbourhood centres of Coutts Crossing, Glenreagh, Lawrence and Ulmarra as the locations for commercial premises.

2Permitted without consent

Home businesses; Home industries; Home occupations

3Permitted with consent

Amusement centres; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Dwelling houses; Entertainment facilities; Function centres; 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; Secondary dwellings; Service stations; Shop top housing; Tank-based aquaculture; Veterinary hospitals; Any other development not specified in item 2 or 4

4Prohibited

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; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Industrial retail outlets; Industrial training facilities; Industries; Port facilities; Recreation facilities (major); Research stations; Residential accommodation; Rural industries; Sewerage systems; Sex services premises; Storage premises; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste or resource management facilities; Water storage facilities; Water treatment facilities

Zone E2Commercial Centre1Objectives of zone

•
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 reinforce Grafton and South Grafton as the major regional business centres in the Clarence Valley that will accommodate major state and regional services and professional services and provide higher order shopping.
•
To ensure the maintenance and improvement of the historic, architectural and aesthetic character of the commercial core area.
•
To enable development that promotes high end retail uses and maintains the retail continuity of the streetscape.

2Permitted without consent

Home-based child care; Home businesses; Home industries; Home occupations; Home occupations (sex services)

3Permitted with consent

Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; 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; Shop top housing; Tank-based aquaculture; Vehicle repair stations; Veterinary hospitals; Any other development not specified in item 2 or 4

4Prohibited

Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; 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; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Industrial retail outlets; Industrial training facilities; Industries; Port facilities; Recreation facilities (major); Research stations; Residential accommodation; Rural industries; Sewage treatment plants; Sex services premises; Storage premises; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste or resource management facilities; Water storage facilities; Water treatment facilities

Zone E3Productivity Support1Objectives of zone

•
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 support the nearby commercial centre of Grafton without adversely impacting on the viability of the commercial centre.

2Permitted without consent

Home-based child care; Home industries; Home occupations; Home occupations (sex services)

3Permitted with consent

Animal boarding or training establishments; Boarding houses; Boat building and repair facilities; Business premises; Centre-based child care facilities; Community facilities; Depots; Dwelling houses; 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; Liquid fuel depots; 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; Wholesale supplies; Any other development not specified in item 2 or 4

4Prohibited

Agriculture; Air transport facilities; Airstrips; Biosolids treatment facilities; Boat sheds; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Heavy industries; Helipads; Marinas; Mooring pens; Port facilities; Residential accommodation; Rural industries; Sewage treatment plants; Sex services premises; Waste or resource management facilities; Water recreation structures; Water storage facilities; Water treatment facilities; Wharf or boating facilities

Zone E4General Industrial1Objectives of zone

•
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 minimise the environmental impacts of development.

2Permitted without consent

Extensive agriculture; Home occupations; Home occupations (sex services)

3Permitted with consent

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; Local distribution premises; Neighbourhood shops; Oyster aquaculture; Plant nurseries; Take away food and drink premises; Tank-based aquaculture; Timber yards; Warehouse or distribution centres; Any other development not specified in item 2 or 4

4Prohibited

Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat sheds; Camping grounds; Car parks; 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; Forestry; Function centres; Health services facilities; Helipads; Highway service centres; Information and education facilities; Marinas; Mooring pens; Passenger transport facilities; Port facilities; Public administration buildings; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Tourist and visitor accommodation; Water recreation structures; Water storage facilities; Wharf or boating facilities

Zone SP1Special Activities1Objectives of zone

•
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.

2Permitted without consent

Nil

3Permitted with consent

Advertising structures; Aquaculture; Community facilities; Environmental protection works; Flood mitigation works; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose

4Prohibited

Any development not specified in item 2 or 3

Zone SP2Infrastructure1Objectives of zone

•
To provide for infrastructure and related uses.
•
To prevent development that is not compatible with or that may detract from the provision of infrastructure.

2Permitted without consent

Extensive agriculture; Roads

3Permitted with consent

Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Advertising structures; Community facilities; Environmental protection works; Flood mitigation works; Markets; Recreation areas

4Prohibited

Any development not specified in item 2 or 3

Zone SP3Tourist1Objectives of zone

•
To provide for a variety of tourist-oriented development and related uses.
•
To enable a range of residential accommodation that is compatible with the provision of tourism uses to assist with the off season viability of tourist-based development.
•
To provide for tourist accommodation that does not compromise the environmental, scenic or landscape qualities of the land.
•
To enable retail and business premises that complement tourism-based development without eroding the retail hierarchy of the area.

2Permitted without consent

Home-based child care; Home occupations; Home occupations (sex services)

3Permitted with consent

Advertising structures; Amusement centres; Aquaculture; Boat sheds; Camping grounds; Car parks; Caravan parks; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Food and drink premises; Function centres; Helipads; Home businesses; Home industries; Information and education facilities; Kiosks; Local distribution premises; Marinas; Markets; Mooring pens; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Roads; Roadside stalls; Shops; Tourist and visitor accommodation; Water recreation structures; Wharf or boating facilities

4Prohibited

Hostels; Rural workers’ dwellings; Seniors housing; Any development not specified in item 2 or 3

Zone RE1Public Recreation1Objectives of zone

•
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.

2Permitted without consent

Nil

3Permitted with consent

Advertising structures; Aquaculture; Boat sheds; Camping grounds; Caravan parks; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Emergency services facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Information and education facilities; Kiosks; Marinas; Markets; Mooring pens; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Take away food and drink premises; Water recreation structures; Wharf or boating facilities

4Prohibited

Any development not specified in item 2 or 3

Zone RE2Private Recreation1Objectives of zone

•
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.

2Permitted without consent

Nil

3Permitted with consent

Advertising structures; Aquaculture; Boat sheds; Car parks; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Function centres; Information and education facilities; Kiosks; Marinas; Markets; Mooring pens; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restaurants or cafes; Roads; Take away food and drink premises; Water recreation structures

4Prohibited

Any development not specified in item 2 or 3

Zone C1National Parks and Nature Reserves1Objectives of zone

•
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.

2Permitted without consent

Uses authorised under the National Parks and Wildlife Act 1974

3Permitted with consent

Nil

4Prohibited

Any development not specified in item 2 or 3

Zone C2Environmental Conservation1Objectives of zone

•
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.
•
To protect coastal wetlands and littoral rainforests.
•
To protect land affected by coastal processes and environmentally sensitive coastal land.
•
To prevent development that would adversely affect, or be adversely affected by, coastal processes.

2Permitted without consent

Nil

3Permitted with consent

Emergency services facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Oyster aquaculture; Roads

4Prohibited

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

Zone C3Environmental Management1Objectives of zone

•
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 prevent inappropriate development in geologically hazardous areas so as to minimise erosion and other adverse impacts on escarpment areas.
•
To ensure that development does not unreasonably increase the demand for public services or public facilities.
•
To ensure development is not adversely impacted by environmental hazards.
•
To protect prominent hillsides, ridgelines, other major natural features, riparian areas and water catchment areas.

2Permitted without consent

Extensive agriculture; Home-based child care; Home occupations; Home occupations (sex services)

3Permitted with consent

Animal boarding or training establishments; Bed and breakfast accommodation; Camping grounds; Caravan parks; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Emergency services facilities; Environmental facilities; Environmental protection works; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Home businesses; Home industries; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Roads; Tank-based aquaculture

4Prohibited

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

Zone W1Natural Waterways1Objectives of zone

•
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 protect riparian lands adjoining natural waterways.

2Permitted without consent

Moorings

3Permitted with consent

Aquaculture; Boat launching ramps; Building identification signs; Business identification signs; Charter and tourism boating facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Jetties; Water recreation structures

4Prohibited

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

Zone W2Recreational Waterways1Objectives of zone

•
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.

2Permitted without consent

Moorings

3Permitted with consent

Aquaculture; Boat building and repair facilities; Boat launching ramps; Boat sheds; Charter and tourism boating facilities; Environmental facilities; Environmental protection works; Extractive industries; Flood mitigation works; Jetties; Kiosks; Marinas; Mooring pens; Open cut mining; Recreation facilities (outdoor); Research stations; Water recreation structures; Wharf or boating facilities

4Prohibited

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

Zone W3Working Waterways1Objectives of zone

•
To enable the efficient movement and operation of commercial shipping, water-based transport and maritime industries.
•
To promote the equitable use of waterways, including appropriate recreational uses.
•
To minimise impacts on ecological values arising from the active use of waterways.
•
To provide for sustainable fishing industries.

2Permitted without consent

Moorings

3Permitted with consent

Aquaculture; Boat building and repair facilities; Boat launching ramps; Boat sheds; Charter and tourism boating facilities; Environmental facilities; Environmental protection works; Extractive industries; Flood mitigation works; Jetties; Kiosks; Marinas; Mooring pens; Open cut mining; Port facilities; Research stations; Water recreation structures; Wharf or boating facilities

4Prohibited

Any development not specified in item 2 or 3

Zone W4Working Waterfront1Objectives of zone

•
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.
•
To enable light industries where they are related to the waterfront industrial and maritime activities permitted in the zone.
•
To ensure development does not detract from the maritime character of small commercial fishing and port facilities on the Clarence River.

2Permitted without consent

Home occupations; Home occupations (sex services)

3Permitted with consent

Aquaculture; Boat building and repair facilities; Boat launching ramps; Jetties; Light industries; Neighbourhood shops; Take away food and drink premises; Any other development not specified in item 2 or 4

4Prohibited

Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Commercial premises; Community facilities; Correctional centres; Crematoria; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Function centres; Health services facilities; Helipads; Highway service centres; Information and education facilities; Mooring pens; Mortuaries; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Sewage treatment plants; Sex services premises; Tourist and visitor accommodation; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Waste or resource management facilities; Water storage facilities; Water treatment facilities

Part 3Exempt and complying development3.1Exempt development(1)

The objective of this clause is to identify development of minimal environmental impact as exempt development.

(2)

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.

(3)

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.

(4)

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.

(5)

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.

Note—

See State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 and the Local Land Services Act 2013, Part 5A.

(6)

A heading to an item in Schedule 2 is part of that Schedule.

3.2Complying development(1)

The objective of this clause is to identify development as complying development.

(2)

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.

Note.

See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances.

(3)

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.

(4)

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.

(5)

A heading to an item in Schedule 3 is part of that Schedule.

3.3Environmentally sensitive areas excluded(1)

Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.

(2)

For the purposes of this clause—

environmentally sensitive area for exempt or complying development means any of the following—

(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.

Part 4Principal development standards4.1Minimum subdivision lot size(1)

The objectives of this clause are as follows—

(a)
to limit dispersed rural settlement,
(b)
to minimise the fragmentation of rural land,
(c)
to protect the scenic quality of the rural setting,
(d)
to ensure that lot sizes enable practical and efficient lot layout to meet the intended use of the land,
(e)
to ensure that lot sizes enable sufficient area for the effective on-site disposal of effluent.

(2)

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.

(3)

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.

(4)

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.

4.1AAMinimum subdivision lot size for community title schemes(1)

The objectives of this clause are as follows—

(a)
to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.

(2)

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 C3 Environmental Management,

but does not apply to a subdivision by the registration of a strata plan.

(3)

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.

(4)

This clause applies despite clause 4.1.

cl 4.1AA: Am 2022 (829), Sch 1.5[5].

4.1AExceptions to minimum lot size for certain split zone lots(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, 4.1AA or 4.2C,
(b)
to ensure that the subdivision occurs in a manner that promotes suitable land use and development.

(2)

This clause applies to each lot (an original lot) that contains—

(a)
land in a residential or employment zone or Zone W4 Working Waterfront, and
(b)
land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone C2 Environmental Conservation or Zone C3 Environmental Management.

(3)

Despite clauses 4.1, 4.1AA and 4.2C, development consent may be granted to subdivide an original lot to create other lots (the resulting lots) if—

(a)
one of the resulting lots will contain—
- (i)
  land in a residential or employment zone or Zone W4 Working Waterfront 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 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.

(4)

Despite subclause (3), development consent may only be granted to subdivide an original lot to create a lot referred to in subclause (3)(a)(ii) that is less than the minimum size shown on the Lot Size Map in relation to that land if the consent authority is satisfied that the lot is suitable for the erection of a dwelling house.

cl 4.1A: Ins 2017 (22), Sch 1 [1]. Am 2022 (829), Sch 1.5[5] [6].

4.1BBoundary adjustments between lots in certain rural, residential and conservation zones(1)

The objective of this clause is to permit boundary adjustments between 2 or more lots where one or more of those lots is less than the minimum lot size shown on the Lot Size Map in relation to that land.

(2)

This clause 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.

(3)

Despite clause 4.1, development consent may be granted for the subdivision of land to which this clause applies by way of an adjustment of boundaries between adjoining lots where the size of at least one of the adjoining lots is less than the minimum lot size shown on the Lot Size Map in relation to the land if the consent authority is satisfied that the subdivision will not result in—

(a)
an increase in the number of lots, or
(b)
an increase in the number of lots that have an area that is less than the minimum size shown on the Lot Size Map in relation to that land, or
(c)
an increase in the number of dwellings or opportunities for dwellings on each lot.

(4)

In determining whether to grant development consent for the subdivision of land under this clause, the consent authority must consider the following—

(a)
if the land is in a rural zone—whether or not the subdivision is likely to have an adverse impact on the agricultural viability of the land,
(b)
whether or not the subdivision is likely to increase the potential for land use conflict,
(c)
whether or not the subdivision is appropriate having regard to the natural and physical constraints affecting the land,
(d)
whether or not the subdivision is likely to have an adverse impact on the environmental values of the land.

cl 4.1B: Ins 2017 (22), Sch 1 [1]. Am 2022 (829), Sch 1.5[5] [7] .

4.2Rural subdivision(1)

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.

(2)

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.

Note.

When this Plan was made, it did not include Zone RU4 Primary Production Small Lots or Zone RU6 Transition.

(3)

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.

(4)

However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.

(5)

A dwelling cannot be erected on such a lot.

Note.

A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).

4.2AExceptions to minimum lot sizes for certain rural subdivisions(1)

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 or dual occupancies.

(2)

This clause applies to the following rural zones—

(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape.

(3)

Land to which this clause applies may, with development consent, be subdivided 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, where the consent authority is satisfied that the use of the land after the subdivision will be the same use (other than a dwelling house or a dual occupancy) permitted under the existing development consent for the land.

(4)

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 uses conflict in the locality, and
(d)
the subdivision is appropriate having regard to the natural and physical constraints affecting the land.

4.2BErection of dwelling houses and dual occupancies on land in certain rural, residential and conservation zones(1)

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, residential and conservation zones,
(c)
to control rural residential density affected by historical subdivision patterns in Zone R5 Large Lot Residential.

(2)

This clause applies to land in the following zones—

(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(c)
Zone RU3 Forestry,
(d)
Zone R5 Large Lot Residential,
(e)
Zone C3 Environmental Management.

(3)

Development consent must not be granted for the erection of a dwelling house or dual occupancy on land to which this clause applies, and on which no dwelling house or dual occupancy has been erected, unless the land is—

(a)
a lot that is at least the minimum lot size specified for that land by the Lot Size Map, or
(b)
a lot created before this Plan commenced and on which the erection of a dwelling house or dual occupancy was permissible immediately before that commencement, or
(c)
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 dual occupancy would have been permissible if the plan of subdivision had been registered before that commencement, or
(d)
an existing holding, or
(e)
a lot created under clause 4.1A(4), or
(f)
a lot created following a boundary adjustment, but only if a dwelling house or dual occupancy could be erected on the lot immediately before that boundary adjustment under paragraph (a), (b), (c), (d) or (e).

Note.

A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.

(4)

Land ceases to be a lot referred to in subclause (3)(b), (c) or (f), or a holding referred to in subclause (3)(d), if an application for development consent referred to in subclause (3) is not made in relation to that land before the date 10 years after the commencement of this Plan.

(5)

Despite subclause (3), development consent may be granted for the erection of a dwelling house or dual occupancy on land to which this clause applies if—

(a)
there is a lawfully erected dwelling house or dual occupancy on the land and the dwelling house or dual occupancy to be erected is intended only to replace the existing dwelling house or dual occupancy, or
(b)
the land would have been a lot or a holding referred to in subclause (3) 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.

(6)

In this clause—

existing holding means land that—

(a)
was a holding on the relevant date, and
(b)
is a holding at the time the application for development consent referred to in subclause (3) is lodged,

whether or not there has been a change in the ownership of the holding since the relevant date, and includes any other land adjoining that land acquired by the owner since the relevant date.

holding means all adjoining land, even if separated by a road or railway, held by the same person or persons.

relevant date means—

(a)
in the case of land to which the Copmanhurst Local Environmental Plan 1990 applied immediately before the commencement of this Plan—4 June 1971, or
(b)
in the case of land to which the Ulmarra Local Environmental Plan 1992 applied immediately before the commencement of this Plan—5 September 1969, or
(c)
in the case of land to which the Richmond River Local Environmental Plan 1992 applied immediately before the commencement of this Plan—18 February 1970.

Note.

The owner in whose ownership all the land is at the time the application is lodged need not be the same person as the owner in whose ownership all the land was on the stated date.

cl 4.2B: Am 2016 (592), Sch 1 [3]; 2017 (22), Sch 1 [2] [3]; 2022 (829), Sch 1.5[5] [8].

4.2CStrata subdivision in certain rural and conservation zones(1)

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.

(2)

This clause applies to land in the following zones that is used, or proposed to be used, for residential accommodation or tourist and visitor accommodation—

(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(c)
Zone C3 Environmental Management.

(3)

The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising common property within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the 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.

cl 4.2C: Am 2022 (829), Sch 1.5[5] [8].

4.2DErection of dual occupancies (detached) and secondary dwellings in Zones RU1, RU2, and R5(1)

The objectives of this clause are as follows—

(a)
to ensure that development is compatible with the primary production potential, rural character and environmental capabilities of the land,
(b)
to ensure that consent is only granted to development for the purposes of dual occupancies (detached) and secondary dwellings if issues such as access, siting, land suitability and potential impacts are addressed.

(2)

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 any adjoining land for agriculture or rural industries, and
(b)
each dwelling will use the same vehicular access to and from a public road, and
(c)
the development will be—
- (i)
  co-located as close as possible to the principal dwelling, or
- (ii)
  if significant agricultural or environmental constraints prevent co-location—the minimum distance required from the principal dwelling to avoid the constraint.
(d)
the land is physically suitable for the dual occupancy (detached) or secondary dwelling concerned, 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.

(3)

Development consent must not be granted to development for the purpose of a dual occupancy (detached) or secondary dwelling on land in Zone R5 Large Lot Residential unless the consent authority is satisfied that—

(a)
each dwelling will use the same vehicular access to and from a public road, and
(b)
the development will not have an adverse impact on the scenic amenity or character of the rural environment.

cl 4.2D: Ins 2016 (592), Sch 1 [4]. Am 2021 (714), Sch 11.9[1]; 2024 (368), Sch 1[2].

4.3Height of buildings(1)

The objectives of this clause are as follows—

(a)
to maintain the low scale character of towns and villages in the Clarence Valley,
(b)
to protect the amenity of neighbouring properties by minimising visual impact, disruption of views, loss of privacy and loss of solar access to existing development and to public land.

(2)

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.

4.4Floor space ratio

[Not adopted]

4.5Calculation of floor space ratio and site area

[Not adopted]

4.6Exceptions to development standards(1)

The objectives of this clause are as follows—

(a)
to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b)
to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2)

Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3)

Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant has demonstrated that—

(a)
compliance with the development standard is unreasonable or unnecessary in the circumstances, and
(b)
there are sufficient environmental planning grounds to justify the contravention of the development standard.

Note—

The Environmental Planning and Assessment Regulation 2021 requires a development application for development that proposes to contravene a development standard to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).

(4)

The consent authority must keep a record of its assessment carried out under subclause (3).

(5)

(Repealed)

(6)

Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living if—

(a)
the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or
(b)
the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.

(7)

(Repealed)

(8)

This clause does not allow development consent to be granted for development that would contravene any of the following—

(a)
a development standard for complying development,
(b)
a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,
(c)
clause 5.4,
(caa)
clause 5.5,
(ca)
clause 6.1, 6.2 or 6.3.

cl 4.6: Am 2022 (829), Sch 1.5[9].

Part 5Miscellaneous provisions5.1Relevant acquisition authority(1)

The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).

Note.

If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.

(2)

The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).

Type of land shown on Map	Authority of the State
Zone RE1 Public Recreation and marked “Local open space”	Council
Zone RE1 Public Recreation and marked “Regional open space”	The corporation constituted under section 2.5 of the Act
Zone SP2 Infrastructure and marked “Classified road”	Transport for NSW
Zone SP2 Infrastructure and marked “Local classified road”	Council
Zone C1 National Parks and Nature Reserves and marked “National Park”	Minister administering the National Parks and Wildlife Act 1974

(3)

Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.

Note.

If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister of Planning is required to take action to enable the designation of the acquiring authority under this Part. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning and Infrastructure (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991).

5.2Classification and reclassification of public land(1)

The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.

Note.

Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads and certain Crown land). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.

(2)

The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

(3)

The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.

(4)

The public land described in Part 1 of Schedule 4—

(a)
does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b)
continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.

(5)

The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except—

(a)
those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and
(b)
any reservations that except land out of the Crown grant relating to the land, and
(c)
reservations of minerals (within the meaning of the Crown Land Management Act 2016).

Note.

In accordance with section 30(2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.

5.3Development near zone boundaries(1)

The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.

(2)

This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 20 metres.

(3)

This clause does not apply to—

(a)
land in Zone RE1 Public Recreation, Zone C1 National Parks and Nature Reserves, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone W1 Natural Waterways, or
(b)
land within the coastal zone, or
(c)
land proposed to be developed for the purpose of sex services or restricted premises.

(4)

Despite the provisions of this Plan relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—

(a)
the development is not inconsistent with the objectives for development in both zones, and
(b)
the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.

(5)

This clause does not prescribe a development standard that may be varied under this Plan.

5.4Controls relating to miscellaneous permissible uses(1)

If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.

Note.

Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.

(2)

If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 50 square metres of floor area.

(3)

If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 50 square metres of floor area.

(4)

If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed—

(a)
25% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or
(b)
400 square metres,

whichever is the lesser.

(5)

If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 10 bedrooms in buildings.

(6)

If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 20 square metres.

(7)

If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 100 square metres.

(7AA)

If development for the purposes of a neighbourhood supermarket is permitted under this Plan, the gross floor area must not exceed 1,000 square metres.

(8)

If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 20 square metres.

(9)

If development for the purposes of a secondary dwelling is permitted under this Plan on land other than land in a rural zone, the total floor area of the dwelling, excluding any area used for parking, must not exceed whichever of the following is the greater—

vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel building, panel beating, spray painting or chassis restoration.

vehicle repair station means a building or place used for the purpose of carrying out repairs to, or the selling and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop or vehicle sales or hire premises.

vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.

Note.

Vehicle sales or hire premises are a type of retail premises—see the definition of that term in this Dictionary.

veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment.

viticulture means the cultivation of grapes for use in the commercial production of fresh or dried fruit or wine.

Note.

Viticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.

warehouse or distribution centre means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made, but does not include local distribution premises.

waste disposal facility means a building or place used for the disposal of waste by landfill, incineration or other means, including such works or activities as recycling, resource recovery and other resource management activities, energy generation from gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal.

Note.

Waste disposal facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.

waste or resource management facility means any of the following—

(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 station means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport.

Note.

Waste or resource transfer stations are a type of waste or resource management facility—see the definition of that term in this Dictionary.

water recreation structure means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.

water recycling facility means a building or place used for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including, in particular, sewer mining works), whether the facility stands alone or is associated with other development, and includes associated—

(a)
retention structures, and
(b)
treatment works, and
(c)
irrigation schemes.

Note.

Water recycling facilities are a type of sewerage system—see the definition of that term in this Dictionary.

water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure and dosing facilities.

Note.

Water reticulation systems are a type of water supply system—see the definition of that term in this Dictionary.

water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.

Note.

Water storage facilities are a type of water supply system—see the definition of that term in this Dictionary.

water supply system means any of the following—

(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 facility means a building or place used for the treatment of water (such as a desalination plant or a recycled or reclaimed water plant) whether the water produced is potable or not, and includes residuals treatment, storage and disposal facilities, but does not include a water recycling facility.

Note.

Water treatment facilities are a type of water supply system—see the definition of that term in this Dictionary.

waterbody means a waterbody (artificial) or waterbody (natural).

waterbody (artificial) or artificial waterbody means an artificial body of water, including any constructed waterway, canal, inlet, bay, channel, dam, pond, lake or artificial wetland, but does not include a dry detention basin or other stormwater management construction that is only intended to hold water intermittently.

waterbody (natural) or natural waterbody means a natural body of water, whether perennial or intermittent, fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes a river, creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal waters (including the sea).

watercourse means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include a waterbody (artificial).

waterway means the whole or any part of a watercourse, wetland, waterbody (artificial) or waterbody (natural).

wetland means—

(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.

wharf or boating facilities means a wharf or any of the following facilities associated with a wharf or boating that are not port facilities—

(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.

wholesale supplies means a building or place used for the display, sale or hire of goods or materials by wholesale only to businesses that have an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.

Dictionary: Am 2014 (671), cl 4 (3); 2016 (452), Sch 1 [5]; 2023 (609), Sch 1.6[2].

Maps: Am 2012 (191), cl 4; 2012 (445), cl 4; 2012 (482), cl 4; 2012 (519), cl 4; 2013 (126), cl 4; 2013 (710), cl 4; 2014 (33), cl 4; 2014 (114), cl 4; 2014 (167), cl 4; 2014 (343), cl 4; 2014 (469), cl 4; 2014 (671), cl 4 (3); 2014 (721), cl 4; 2015 (149), cl 4; 2015 (198), cl 4; 2015 (376), cl 4; 2015 (409), cl 4; 2015 (592), cl 4; 2015 (647), cl 4; 2016 (18), cl 4; 2016 (32), cl 4; 2016 (353), cl 4; 2016 (452), cl 4; 2016 (471), cl 4; 2017 (3), cl 4; 2017 (13), cl 4; 2017 (195), cl 4; 2017 (392), cl 4; 2018 (99), cl 4; 2018 (206), cl 4; 2018 (250), cl 4; 2018 (341), cl 4; 2019 (182), cl 4; 2020 (4), cl 4; 2020 (44), cl 4; 2020 (657), cl 4; 2020 (782), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.

Historical notesTable of amending instruments

Clarence Valley Local Environmental Plan 2011 (701). LW 23.12.2011. Date of commencement, on publication on LW, cl 1.1AA. This Plan has been amended as follows—

2012	(191)	Clarence Valley Local Environmental Plan 2011 (Amendment No 2). LW 11.5.2012. Date of commencement, on publication on LW, cl 2.
(445)	Clarence Valley Local Environmental Plan 2011 (Amendment No 4). LW 31.8.2012. Date of commencement, on publication on LW, cl 2.
(482)	Clarence Valley Local Environmental Plan 2011 (Amendment No 3). LW 28.9.2012. Date of commencement, on publication on LW, cl 2.
(506)	Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2012. LW 5.10.2012. Date of commencement, on publication on LW, cl 2.
(519)	Clarence Valley Local Environmental Plan 2011 (Amendment No 1). LW 12.10.2012. Date of commencement, on publication on LW, cl 2.
No 96	Forestry Act 2012. Assented to 21.11.2012. Date of commencement of Sch 4.41, 7.1.2013, sec 2 and 2012 (680) LW 21.12.2012.
2013	No 5	Liquor Amendment (Small Bars) Act 2013. Assented to 19.3.2013. Date of commencement, 1.7.2013, sec 2 and 2013 (292) LW 21.6.2013.
(126)	Clarence Valley Local Environmental Plan 2011 (Amendment No 5). LW 22.3.2013. Date of commencement, on publication on LW, cl 2.
No 47	Statute Law (Miscellaneous Provisions) Act 2013. Assented to 25.6.2013. Date of commencement of Sch 2.6, 5.7.2013, sec 2 (1).
(519)	Clarence Valley Local Environmental Plan 2011 (Amendment No 8). LW 6.9.2013. Date of commencement, on publication on LW, cl 2.
No 111	Statute Law (Miscellaneous Provisions) Act (No 2) 2013. Assented to 3.12.2013. Date of commencement of Sch 3.27, 10.1.2014, Sch 3.27.
(710)	Clarence Valley Local Environmental Plan 2011 (Amendment No 6). LW 20.12.2013. Date of commencement, on publication on LW, cl 2.
2014	(33)	Clarence Valley Local Environmental Plan 2011 (Amendment No 7). LW 7.2.2014. Date of commencement, on publication on LW, cl 2.
(114)	Clarence Valley Local Environmental Plan 2011 (Amendment No 10). LW 14.3.2014. Date of commencement, on publication on LW, cl 2.
(167)	Clarence Valley Local Environmental Plan 2011 (Amendment No 9). LW 4.4.2014. Date of commencement, on publication on LW, cl 2.
(343)	Clarence Valley Local Environmental Plan 2011 (Amendment No 11). LW 6.6.2014. Date of commencement, on publication on LW, cl 2.
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.
(469)	Clarence Valley Local Environmental Plan 2011 (Amendment No 12). LW 25.7.2014. Date of commencement, on publication on LW, cl 2.
(513)	Standard Instrument (Local Environmental Plans) Amendment Order 2014. LW 15.8.2014. Date of commencement, on publication on LW, cl 2.
(671)	Clarence Valley Local Environmental Plan 2011 (Amendment No 13). LW 17.10.2014. Date of commencement, on publication on LW, cl 2.
(721)	Clarence Valley Local Environmental Plan 2011 (Amendment No 15). LW 14.11.2014. Date of commencement, on publication on LW, cl 2.
2015	(149)	Clarence Valley Local Environmental Plan 2011 (Amendment No 18). LW 27.3.2015. Date of commencement, on publication on LW, cl 2.
(197)	Clarence Valley Local Environmental Plan 2011 (Amendment No 16). LW 8.5.2015. Date of commencement, on publication on LW, cl 2.
(198)	Clarence Valley Local Environmental Plan 2011 (Amendment No 17). LW 8.5.2015. 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).
(376)	Clarence Valley Local Environmental Plan 2011 (Amendment No 20). LW 10.7.2015. Date of commencement, on publication on LW, cl 2.
(409)	Clarence Valley Local Environmental Plan 2011 (Amendment No 19). LW 24.7.2015. Date of commencement, on publication on LW, cl 2.
(592)	Clarence Valley Local Environmental Plan 2011 (Amendment No 21). LW 2.10.2015. Date of commencement, on publication on LW, cl 2.
(647)	Clarence Valley Local Environmental Plan 2011 (Amendment No 14). LW 23.10.2015. Date of commencement, on publication on LW, cl 2.
2016	(18)	Clarence Valley Local Environmental Plan 2011 (Amendment No 23). LW 15.1.2016. Date of commencement, on publication on LW, cl 2.
(32)	Clarence Valley Local Environmental Plan 2011 (Amendment No 22). 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.
(126)	Standard Instrument (Local Environmental Plans) Amendment Order 2016. LW 11.3.2016. 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.
(353)	Clarence Valley Local Environmental Plan 2011 (Amendment No 24). LW 24.6.2016. Date of commencement, on publication on LW, cl 2.
(452)	Clarence Valley Local Environmental Plan 2011 (Amendment No 25). LW 22.7.2016. Date of commencement, on publication on LW, cl 2.
(471)	Clarence Valley Local Environmental Plan 2011 (Amendment No 26). LW 29.7.2016. Date of commencement, on publication on LW, cl 2.
(591)	Clarence Valley Local Environmental Plan 2011 (Amendment No 27). LW 23.9.2016. Date of commencement, on publication on LW, cl 2.
(592)	Clarence Valley Local Environmental Plan 2011 (Amendment No 28). LW 23.9.2016. Date of commencement, on publication on LW, cl 2.
(785)	Clarence Valley Local Environmental Plan 2011 (Amendment No 30). LW 16.12.2016. Date of commencement, on publication on LW, cl 2.
2017	(3)	Clarence Valley Local Environmental Plan 2011 (Amendment No 31). LW 20.1.2017. Date of commencement, on publication on LW, cl 2.
(13)	Clarence Valley Local Environmental Plan 2011 (Amendment No 32). LW 27.1.2017. Date of commencement, on publication on LW, cl 2.
(22)	Clarence Valley Local Environmental Plan 2011 (Amendment No 29). LW 10.2.2017. Date of commencement, on publication on LW, cl 2.
(195)	Clarence Valley Local Environmental Plan 2011 (Amendment No 33). LW 19.5.2017. Date of commencement, on publication on LW, cl 2.
(392)	Clarence Valley Local Environmental Plan 2011 (Amendment No 34). LW 4.8.2017. 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.
2018	(99)	Clarence Valley Local Environmental Plan 2011 (Amendment No 38). LW 23.3.2018. 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.
(206)	Clarence Valley Local Environmental Plan 2011 (Amendment No 36). LW 18.5.2018. Date of commencement, on publication on LW, cl 2.
(250)	Clarence Valley Local Environmental Plan 2011 (Amendment No 35). 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.
(341)	Clarence Valley Local Environmental Plan 2011 (Amendment No 37). LW 29.6.2018. Date of commencement, on publication on LW, cl 2.
(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.
2019	(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.
(182)	Clarence Valley Local Environmental Plan 2011 (Amendment No 39). LW 3.5.2019. Date of commencement, on publication on LW, cl 2.
(183)	Clarence Valley Local Environmental Plan 2011 (Amendment No 40). LW 3.5.2019. 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).
2020	(4)	Clarence Valley Local Environmental Plan 2011 (Amendment No 41). LW 10.1.2020. Date of commencement, on publication on LW, cl 2.
(44)	Clarence Valley Local Environmental Plan 2011 (Amendment No 43). LW 14.2.2020. Date of commencement, on publication on LW, cl 2.
(102)	Clarence Valley Local Environmental Plan 2011 (Amendment No 42). LW 20.3.2020. 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.
No 30	Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. 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.
(657)	Clarence Valley Local Environmental Plan 2011 (Amendment No 45). LW 6.11.2020. Date of commencement, on publication on LW, 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.
(782)	Clarence Valley Local Environmental Plan 2011 (Amendment No 44). LW 23.12.2020. Date of commencement, on publication on LW, cl 2.
2021	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.
(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.
(302)	State Environmental Planning Policy Amendment (Natural Disasters) 2021. LW 18.6.2021. Date of commencement, 23.6.2021, cl 2.
(530)	Clarence Valley Local Environmental Plan 2011 (Amendment No 46). LW 10.9.2021. 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.
(796)	Clarence Valley Local Environmental Plan 2011 (Amendment No 47). LW 22.12.2021. Date of commencement, on publication on LW, cl 2.
2022	(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.
(163)	Clarence Valley Local Environmental Plan 2011 (Amendment No 50). LW 22.4.2022. 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.
(343)	Clarence Valley Local Environmental Plan 2011 (Amendment No 49). LW 1.7.2022. 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.
(659)	Clarence Valley Local Environmental Plan 2011 (Amendment No 51). LW 4.11.2022. Date of commencement, on publication on LW, cl 2.
(829)	State Environmental Planning Policy Amendment (Land Use Zones) (No 3) 2022. LW 16.12.2022. Date of commencement, 26.4.2023, sec 2.
2023	(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.
(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.
2024	(146)	Clarence Valley Local Environmental Plan 2011 (Amendment No 52). LW 10.5.2024. Date of commencement, on publication on LW, cl 2.
(184)	Clarence Valley Local Environmental Plan 2011 (Amendment No 53). LW 31.5.2024. Date of commencement, on publication on LW, cl 2.
(368)	Clarence Valley Local Environmental Plan 2011 (Amendment No 54). LW 9.8.2024. Date of commencement, on publication on LW, cl 2.
2025	(345)	Clarence Valley Local Environmental Plan 2011 (Amendment No 55). LW 11.7.2025. 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.

Table of amendments

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 2016 (452), Sch 1 [1]; 2019 (621), Sch 5[1]; 2023 (609), Sch 1.1[1].
Cl 1.9	Am 2016 (310), Sch 4.6.
Cl 1.9A	Am 2019 (621), Sch 5[2]–[4].
Cl 2.1	Am 2022 (829), Sch 1.5[1] [2].
Land Use Table	Am 2016 (591), Sch 1 [1]–[9]; 2016 (592), Sch 1 [1] [2]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2020 (102), Sch 1[1]; 2021 (714), Sch 10.4; 2022 (314), Sch 1; 2022 (343), Sch [1]–[3]; 2022 (829), Sch 1.5[3] [4]; 2023 (458), Sch 2.20; 2024 (368), Sch 1[1].
Cl 4.1AA	Am 2022 (829), Sch 1.5[5].
Cl 4.1A	Ins 2017 (22), Sch 1 [1]. Am 2022 (829), Sch 1.5[5] [6].
Cl 4.1B	Ins 2017 (22), Sch 1 [1]. Am 2022 (829), Sch 1.5[5] [7] .
Cl 4.2B	Am 2016 (592), Sch 1 [3]; 2017 (22), Sch 1 [2] [3]; 2022 (829), Sch 1.5[5] [8].
Cl 4.2C	Am 2022 (829), Sch 1.5[5] [8].
Cl 4.2D	Ins 2016 (592), Sch 1 [4]. Am 2021 (714), Sch 11.9[1]; 2024 (368), Sch 1[2].
Cl 4.6	Am 2022 (829), Sch 1.5[9].
Cl 5.4	Am 2018 (406), Sch 1.33 [1] [2].
Cl 5.5	Ins 2021 (714), Sch 11.9[2]. Am 2024 (368), Sch 1[3].
Cl 5.9	Ins 2021 (302), Sch 1.6. Am 2022 (829), Sch 1.5[5].
Cl 5.22	Subst 2023 (609), Sch 1.1[2].
Cl 6.1	Am 2019 (621), Sch 5[5]; 2023 (554), Sch 1.
Cl 7.1	Am 2017 (195), Sch 1 [1]; 2018 (106), Sch 2.4 [1]; 2022 (72), Sch 1.15; 2022 (829), Sch 1.5[5].
Cl 7.3	Rep 2021 (225), Sch 1.
Cl 7.4	Rep 2023 (609), Sch 1.6[1].
Cl 7.5	Am 2018 (106), Sch 2.4 [2].
Cl 7.9	Am 2017 (493), Sch 1.2 [1].
Cl 7.11	Ins 2016 (591), Sch 1 [10].
Cl 7.12	Ins 2020 (102), Sch 1[2].
Sch 1	Am 2013 (519), cl 4; 2015 (197), cl 4 (1) (2); 2016 (452), Sch 1 [2]–[4]; 2016 (785), cl 4; 2020 (657), cl 5; 2021 (796), cl 5; 2022 (163), cl 4; 2022 (829), Sch 1.5[10] [11]; 2025 (345), Sch 1.
Sch 2	Am 2022 (343), Sch 1[4]; 2022 (829), Sch 1.5[12]–[15].
Sch 4	Am 2014 (671), cl 4 (1) (2); 2017 (3), cl 5; 2018 (250), cl 5; 2019 (183), Sch 1; 2021 (530), cl 4; 2022 (659), cl 4; 2024 (146), Sch 1; 2024 (184), Sch 1.
Sch 5	Am 2012 (519), Sch 1 [1] [2]; 2013 No 47, Sch 2.6; 2014 (33), Sch 1 [1]–[4]; 2015 (198), cl 5; 2017 (195), Sch 1 [2]–[11]; 2018 (206), cl 5 (1)–(4); 2020 (4), cl 5(1) (2); 2020 (782), Sch 1[1] [2]; 2022 (343), Sch 1[5]–[14]; 2024 (368), Sch 1[4] [5].
Dictionary	Am 2014 (671), cl 4 (3); 2016 (452), Sch 1 [5]; 2023 (609), Sch 1.6[2].
Maps	Am 2012 (191), cl 4; 2012 (445), cl 4; 2012 (482), cl 4; 2012 (519), cl 4; 2013 (126), cl 4; 2013 (710), cl 4; 2014 (33), cl 4; 2014 (114), cl 4; 2014 (167), cl 4; 2014 (343), cl 4; 2014 (469), cl 4; 2014 (671), cl 4 (3); 2014 (721), cl 4; 2015 (149), cl 4; 2015 (198), cl 4; 2015 (376), cl 4; 2015 (409), cl 4; 2015 (592), cl 4; 2015 (647), cl 4; 2016 (18), cl 4; 2016 (32), cl 4; 2016 (353), cl 4; 2016 (452), cl 4; 2016 (471), cl 4; 2017 (3), cl 4; 2017 (13), cl 4; 2017 (195), cl 4; 2017 (392), cl 4; 2018 (99), cl 4; 2018 (206), cl 4; 2018 (250), cl 4; 2018 (341), cl 4; 2019 (182), cl 4; 2020 (4), cl 4; 2020 (44), cl 4; 2020 (657), cl 4; 2020 (782), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.