Coffs Harbour City Local Environmental Plan 2000 (NSW)
This Plan is called Coffs Harbour City Local Environmental Plan 2000.
The aims of this Plan are—
(a) to provide a single local environmental plan for the City of Coffs Harbour, and
(b) to encourage sustainable economic growth and development within the City, and
(c) to recognise the need to provide for, and to provide for, development within the City in an ecologically sustainable manner, and
(d) to provide a quality lifestyle within the City.
The objectives of this Plan are—
(a) to provide a policy framework for the preparation of more detailed development control plans, and
(b) to identify areas for compatible development opportunities, and
(c) to protect environmentally sensitive areas and the City’s heritage, and
(d) to allow for the equitable provision of social services and facilities for the community, and
(e) to minimise the risk to human life and damage to property caused by natural hazards such as bush fire, land instability and flooding.
This Plan applies to all land within the Coffs Harbour City local government area.
(Repealed)
For the purposes of this Plan, the Council is the consent authority unless otherwise provided for by or under the Act.
Terms used in this Plan which are defined in the Dictionary at the end of this Plan have the meanings set out in the Dictionary.
In this Plan—
(a) a reference to a map is a reference to a map deposited in the office of the Council, and
(b) a reference to a building or a place used for a purpose includes a reference to a building or place intended to be used for the purpose.
The Dictionary at the end of this Plan is part of this Plan, but the list of contents and notes in this Plan are not.
Nothing in this Plan prohibits or requires development consent for—
(a) the use by the Crown of buildings that were in existence on the commencement of this Plan and that were under the control of the Crown on that date, or
(b) any activity listed in Schedule 1, or
(c) exempt development within the meaning of clause 10 (2).
Land to which this Plan applies is within a zone specified below if the land is shown on the map as being within the zone—
• Rural 1A Agriculture Zone (Zone 1A)
Rural 1B Living Zone (Zone 1B)
Rural 1F State Forest Zone (Zone 1F)
• Residential 2A Low Density Zone (Zone 2A)
Residential 2B Medium Density Zone (Zone 2B)
Residential 2C Medium-High Density Zone (Zone 2C)
Residential 2D High Density Zone (Zone 2D)
Residential 2E Tourist Zone (Zone 2E)
• Business 3A City Centre Zone (Zone 3A)
Business 3B City Support Zone (Zone 3B)
Business 3C Town Centre Zone (Zone 3C)
Business 3D Tourist Service Centre Zone (Zone 3D)
Business 3E Town Centre Support Zone (Zone 3E)
Business 3F Neighbourhood Zone (Zone 3F)
Business 3G Mixed Use Zone (Zone 3G)
• Industrial 4A Zone (Zone 4A)
• Special Uses 5A Community Purposes Zone (Zone 5A)
• Open Space 6A Public Recreation Zone (Zone 6A)
Open Space 6C Private Recreation Zone (Zone 6C)
• Environmental Protection 7A Habitat and Catchment Zone (Zone 7A)
Environmental Protection 7B Scenic Buffer Zone (Zone 7B)
Environmental Protection 7C Coastal Zone (Zone 7C)
• National Parks and Nature Reserves 8 Zone (Zone 8)
The objectives of a zone are set out in the following table under the heading “Objectives of zone” appearing in the matter relating to the relevant zone. The table also describes how the zone is shown on the map.
Subject to the other provisions of this Plan, in relation to land within a zone, development (if any) that—
(a) may be carried out without development consent, or
(b) may be carried out only with development consent, or
(c) is prohibited,
is specified in the following table under the headings “Without development consent”, “Only with development consent” and “Prohibited”, respectively, appearing in the matter relating to the relevant zone.
To provide for the preservation of existing or potentially productive agricultural land.
• to enable development which is compatible with agricultural practices, and with the amenity and character of the rural environment of the area.
• to enable development that can be adequately serviced.
Development for the purpose of—
• agriculture; bed and breakfast establishments; dams; environmental protection works; forestry; home industries; home occupations; special care homes.
Development for the purpose of—
• abattoirs; animal establishments; aquaculture; attached dual occupancies; camp or caravan sites for temporary residency; car parks; cemeteries; child care centres; communications facilities; community facilities; demolition; depots; dwelling-houses; eco-tourism facilities; educational establishments; entertainment facilities; environmental facilities; extractive industries; general stores; generating works; group homes; helicopter landing sites; mines; passenger transport terminals; places of worship; recreation areas; recreation facilities; registered clubs; restaurants; retail plant nurseries; roads; rural industries; sawmills; stock and sale yards; tourist facilities; turf farms; utility installations; veterinary hospitals.
Subdivision of land.
Any development not included in item 2 or 3.
Coloured brown and lettered “1A”.
To provide for rural residential living opportunities.
• to enable development which is compatible with the character and amenity of the rural living environment of the area.
• to enable development that can be adequately serviced.
Development for the purpose of—
• agriculture; bed and breakfast establishments; dams; environmental protection works; forestry; home industries; home occupations; special care homes.
Development for the purpose of—
• animal establishments; aquaculture; attached dual occupancies; camp or caravan sites for temporary residency; car parks; cemeteries; child care centres; communications facilities; community facilities; demolition; dwelling-houses; eco-tourism facilities; educational establishments; entertainment facilities; environmental facilities; extractive industries; general stores; generating works; group homes; helicopter landing sites; mines; passenger transport terminals; places of worship; recreation areas; recreation facilities; registered clubs; restaurants; retail plant nurseries; roads; rural industries; stock and sale yards; tourist facilities; turf farms; utility installations; veterinary clinics.
Subdivision of land.
Any development not included in item 2 or 3.
Coloured light brown and lettered “1B”.
To identify land that is reserved for forestry purposes.
• to enable development for forestry and other land uses.
• to enable development which is compatible with forestry land uses and can be adequately serviced.
Development for the purpose of—
• any activity authorised by or under the Forestry Act 1916.
Development for the purpose of—
• extractive industries; mines; recreation areas.
Any development not included in item 2 or 3.
Coloured light brown with dark green stripes and lettered “1F”.
To provide for the low density housing needs of the population.
• to enable housing development and other development that is compatible with a low density residential environment.
• to provide for development that is within the environmental capacity of a low density residential environment and can be adequately serviced.
Development for the purpose of—
• agriculture; bed and breakfast establishments; environmental protection works; home industries; home occupations; special care homes.
Development for the purpose of—
• aquaculture; attached dual occupancies; boarding houses; camp or caravan sites; child care centres; communications facilities; community facilities; dams; demolition; detached dual occupancies; dwelling-houses; educational establishments; forestry; general stores; group homes; multi-unit housing; places of worship; recreation areas; recreation facilities; roads; seniors housing; utility installations; veterinary clinics.
Subdivision of land.
Any development not included in item 2 or 3.
Coloured pink and lettered “2A”.
To provide for the medium density housing needs of the population.
• to enable housing development and other development that is compatible with a medium density residential environment.
• to provide for development that is within the environmental capacity of a medium density residential environment and can be adequately serviced.
Development for the purpose of—
• agriculture; bed and breakfast establishments; environmental protection works; home industries; home occupations; special care homes.
Development for the purpose of—
• aquaculture; attached dual occupancies; boarding houses; camp or caravan sites; child care centres; communications facilities; community facilities; dams; demolition; detached dual occupancies; dwelling-houses; educational establishments; forestry; general stores; group homes; multi-unit housing; places of worship; recreation areas; recreation facilities; roads; seniors housing; utility installations; veterinary clinics.
Subdivision of land.
Any development not included in item 2 or 3.
Coloured medium pink and lettered “2B”.
To provide for the medium-high density housing needs of the population.
• to enable housing development and other development that is compatible with a medium-high density residential environment.
• to provide for development that is within the environmental capacity of a medium-high density residential environment and can be adequately serviced.
Development for the purpose of—
• bed and breakfast establishments; environmental protection works; home industries; home occupations; special care homes.
Development for the purpose of—
• attached dual occupancies; boarding houses; child care centres; communications facilities; community facilities; dams; demolition; detached dual occupancies; dwelling-houses; educational establishments; forestry; general stores; group homes; multi-unit housing; recreation areas; recreation facilities; roads; seniors housing; utility installations.
Subdivision of land.
Any development not included in item 2 or 3.
Coloured dark pink and lettered “2C”.
To provide for the high density housing needs of the population.
• to enable housing development and other development that is compatible with a high density residential environment.
• to provide for development that is within the environmental capacity of a high density residential environment and can be adequately serviced.
Development for the purpose of—
• bed and breakfast establishments; environmental protection works; home industries; home occupations; special care homes.
Development for the purpose of—
• attached dual occupancies; boarding houses; car parks; child care centres; communications facilities; community facilities; dams; demolition; dwelling-houses; educational establishments; forestry; general stores; group homes; multi-unit housing; recreation areas; recreation facilities; roads; seniors housing; utility installations.
Subdivision of land.
Any development not included in item 2 or 3.
Coloured red and lettered “2D”.
To provide for tourist accommodation and recreational land uses.
• to enable tourist development and other development that is compatible with the surrounding environment.
• to provide for development that is within the environmental capacity of a high density residential environment and can be adequately serviced.
Development for the purpose of—
• bed and breakfast establishments; environmental protection works; home industries; home occupations; special care homes.
Development for the purpose of—
• advertisements; attached dual occupancies; boarding houses; camp or caravan sites; car parks; child care centres; communications facilities; community facilities; convenience stores; dams; demolition; detached dual occupancies; dwelling-houses; eco-tourism facilities; educational establishments; entertainment facilities; environmental facilities; forestry; general stores; group homes; helicopter landing sites; hotels; motels; multi-unit housing; places of worship; recreation areas; recreation facilities; restaurants; roads; seniors housing; service stations; tourist facilities; utility installations.
Subdivision of land.
Any development not included in item 2 or 3.
Coloured with pink stripes and lettered “2E”.
To encourage the growth of the Coffs Harbour City Centre as a regional centre.
• to enable development that contributes to the retail or commercial or housing or social needs of the community.
• to enable development that is compatible with the City Centre environment.
Development for the purpose of—
• environmental protection works; home industries; home occupations; special care homes.
Development for the purpose of—
• advertisements; animal establishments; attached dual occupancies; bed and breakfast establishments; boarding houses; bulky goods salesrooms; business premises; car parks; cemeteries; child care centres; communications facilities; community facilities; convenience stores; demolition; dwelling-houses; eco-tourism facilities; educational establishments; entertainment facilities; environmental facilities; general stores; group homes; helicopter landing sites; holiday cabins; hospitals; hotels; light industries; medical centres; motels; motor showrooms; multi-unit housing; office premises; passenger transport terminals; permanent group homes; places of worship; recreation areas; recreation facilities; registered clubs; restaurants; retail plant nurseries; roads; seniors housing; shops; tourist facilities; transitional group homes; utility installations; vehicle repair stations; veterinary clinics; veterinary hospitals.
Subdivision of land.
Other development not included in item 2 or 4.
Development for the purpose of—
• abattoirs; agriculture; aquaculture; brothels; camp or caravan sites; depots; detached dual occupancies; extractive industries; forestry; generating works; hazardous industries; hazardous storage establishments; heliports; industries; marinas; mines; offensive industries; offensive storage establishments; rural industries; sawmills; service stations; stock and saleyards; turf farms; vehicle body repair workshops; warehouses or distribution centres.
Coloured dark blue and lettered “3A”.
To encourage development that supports the growth of the City Centre.
• to enable development that contributes to the retail or commercial or housing or social needs of the community.
• to enable development that is compatible with the City Centre environment.
Development for the purpose of—
• environmental protection works; home industries; home occupations; special care homes.
Development for the purpose of—
• advertisements; animal establishments; attached dual occupancies; bed and breakfast establishments; boarding houses; bulky goods salesrooms; business premises; car parks; cemeteries; child care centres; communications facilities; community facilities; convenience stores; demolition; depots; dwelling-houses; eco-tourism facilities; educational establishments; entertainment facilities; environmental facilities; group homes; helicopter landing sites; hospitals; hotels; light industries; medical centres; motels; motor showrooms; multi-unit housing; passenger transport terminals; places of worship; recreation areas; recreation facilities; registered clubs; restaurants; retail plant nurseries; roads; seniors housing; service stations; shops (only in the areas defined in Schedule 3); tourist facilities; utility installations; vehicle repair stations; veterinary hospitals; warehouses or distribution centres.
Subdivision of land.
Any development not included in item 2 or 3.
Coloured medium blue and lettered “3B”.
To encourage development that contributes to the growth of the Town Centre.
• to enable development that contributes to the retail or commercial or social needs of the community.
• to encourage development that is compatible with the Town Centre environment.
Development for the purpose of—
• environmental protection works; home industries; home occupations; special care homes.
Development for the purpose of—
• advertisements; animal establishments; attached dual occupancies; bed and breakfast establishments; boarding houses; bulky goods salesrooms; business premises; car parks; cemeteries; child care centres; communications facilities; community facilities; convenience stores; demolition; dwelling-houses; eco-tourism facilities; educational establishments; entertainment facilities; environmental facilities; general stores; group homes; helicopter landing sites; holiday cabins; hospitals; hotels; light industries; medical centres; motels; motor showrooms; multi-unit housing; office premises; passenger transport terminals; permanent group homes; places of worship; recreation areas; recreation facilities; registered clubs; restaurants; retail plant nurseries; roads; seniors housing; shops; tourist facilities; transitional group homes; utility installations; vehicle repair stations; veterinary clinics; veterinary hospitals; warehouses or distribution centres.
Subdivision of land.
Other development not included in item 2 or 4.
Development for the purpose of—
• abattoirs; agriculture; aquaculture; brothels; depots; detached dual occupancies; extractive industries; forestry; generating works; hazardous industries; hazardous storage establishments; heliports; industries; marinas; mines; offensive industries; offensive storage establishments; rural industries; sawmills; service stations; stock and saleyards; turf farms; vehicle body repair workshops.
Coloured light blue and lettered “3C”.
To provide for the tourist service needs of the community.
• to enable tourist service development and other development that is compatible with the surrounding area.
• to provide for development that is within the environmental capacity of the land and can be adequately serviced.
Development for the purpose of—
• environmental protection works; home industries; home occupations; special care homes.
Development for the purpose of—
• advertisements; animal establishments; attached dual occupancies; bed and breakfast establishments; boarding houses; camp or caravan sites; car parks; cemeteries; communications facilities; community facilities; convenience stores; demolition; detached dual occupancies; dwelling-houses; eco-tourism facilities; entertainment facilities; environmental facilities; general stores; group homes; motels; multi-unit housing; passenger transport terminals; recreation areas; recreation facilities; restaurants; retail plant nurseries; roads; seniors housing; service stations; tourist facilities; utility installations.
Subdivision of land.
Any development not included in item 2 or 3.
Coloured dark blue and lettered “3D”.
To encourage development that supports the growth of the Town Centre.
• to enable development that contributes to the retail or commercial or housing or social needs of the community.
• to enable development that is compatible with the Town Centre environment.
Development for the purpose of—
• environmental protection works; home industries; home occupations; special care homes.
Development for the purpose of—
• advertisements; animal establishments; attached dual occupancies; bed and breakfast establishments; boarding houses; bulky goods salesrooms; business premises; car parks; cemeteries; child care centres; communications facilities; community facilities; convenience stores; demolition; depots; dwelling-houses; eco-tourism facilities; educational establishments; entertainment facilities; environmental facilities; general stores; group homes; helicopter landing sites; hospitals; hotels; light industries; medical centres; motels; motor showrooms; multi-unit housing; passenger transport terminals; places of worship; recreation areas; recreation facilities; registered clubs; restaurants; retail plant nurseries; roads; seniors housing; service stations; shops; tourist facilities; utility installations; vehicle body repair workshops; vehicle repair stations; veterinary hospitals; warehouses or distribution centres.
Subdivision of land.
Any development not included in item 2 or 3.
Coloured blue and lettered “3E”.
To provide for the local shopping and service needs of the community.
• to enable development that contributes to the retail or commercial or social needs of the local community.
• to provide for development that is within the environmental capacity of the land and can be adequately serviced.
Development for the purpose of—
• environmental protection works; home industries; home occupations; special care homes.
Development for the purpose of—
• advertisements; animal establishments; bed and breakfast establishments; bulky good salesrooms; business premises; car parks; child care centres; communications facilities; community facilities; convenience stores; demolition; dwelling-houses (used in conjunction with other land uses allowed in this zone); eco-tourism facilities; educational establishments; entertainment facilities; environmental facilities; group homes; hospitals; hotels; medical centres; motels; multi-unit housing (only on land shown with cross-hatching on the map); passenger transport terminals; recreation areas; recreation facilities; restaurants; retail plant nurseries; roads; seniors housing; shops; tourist facilities; utility installations; vehicle repair stations; veterinary hospitals.
Subdivision of land.
Any development not included in item 2 or 3.
Coloured blue and lettered “3F”.
To provide for mixed use development.
• to enable development that contributes to the retail or commercial or social or housing needs of the community.
• to enable development that is within the environmental capacity of the land and can be adequately serviced.
Development for the purpose of—
• environmental protection works; home industries; home occupations; special care homes.
Development for the purpose of—
• advertisements; animal establishments; attached dual occupancies; bed and breakfast establishments; boarding houses; bulky goods salesrooms (except on land shown with cross-hatching on the map); business premises; car parks; child care centres; communications facilities; community facilities; convenience stores; demolition; detached dual occupancies; dwelling-houses; eco-tourism facilities; educational establishments; entertainment facilities; environmental facilities; general stores; group homes; hospitals; hotels; medical centres; motels; motor showrooms (except on land shown with cross-hatching on the map); multi-unit housing; office premises; places of worship; recreation areas; recreation facilities; restaurants; retail plant nurseries; roads; seniors housing; shops (only in the areas defined in Schedule 3); tourist facilities; utility installations.
Subdivision of land.
Any development not included in item 2 or 3.
Coloured with blue stripes and lettered “3G”.
To provide for industrial development.
• to enable development for industrial or warehousing or other land uses compatible with an industrial environment.
• to enable development that is within the environmental capacity of the land and can be adequately serviced.
Development for the purpose of—
• environmental protection works; home industries; home occupations.
Development for the purpose of—
• abattoirs; advertisements; agriculture; animal establishments; brothels; bulky goods salesrooms; car parks; cemeteries; child care centres; communications facilities; community facilities; convenience stores; demolition; depots; dwelling-houses (used in conjunction with other land uses allowed in this zone); educational establishments; entertainment facilities; extractive industries; forestry; general stores; generating works; hazardous industries; hazardous storage establishments; helicopter landing sites; heliports; hospitals; industries; light industries; mines; motor showrooms; offensive industries; offensive storage establishments; passenger transport terminals; places of worship; recreation areas; recreation facilities; registered clubs; restaurants; retail plant nurseries; roads; rural industries; sawmills; service stations; stock and sale yards; vehicle body repair workshops; vehicle repair stations; veterinary hospitals; utility installations; warehouses or distribution centres.
Subdivision of land.
Any development not included in item 2 or 3.
Coloured purple and lettered “4A”.
To provide for the cultural, social and utility service needs of the community.
• to enable development for community land uses or other land uses compatible with the surrounding area.
• to enable development that is within the environmental capacity of the land and can be adequately serviced.
Development for the purpose of—
• agriculture; environmental protection works; home industries; home occupations; special care homes.
Development for the particular purpose lettered on the map.
Other development not included in item 2 or 4.
Development for the purpose of—
• brothels.
Coloured yellow and lettered “5A”.
To provide for the open space and recreational needs of the community.
• to enable development for open space or recreational or other land uses compatible with the surrounding area.
• to enable development which is compatible with recreational land uses and does not jeopardise the existing and future role of the land for recreational land uses.
Development for the purpose of—
• any activity authorised by a plan of management under the Local Government Act 1993 or the Crown Land Management Act 2016.
Any development not included in item 2 or 4.
Development for the purpose of—
• brothels.
Coloured light green and lettered “6A”.
To provide for private recreation and associated services.
• to enable development for private recreation or tourism or other land uses compatible with the surrounding area.
• to provide for development that is within the environmental capacity of the land and can be adequately serviced.
Development for the purpose of—
• agriculture; environmental protection works; group homes; special care homes.
Development for the purpose of—
• animal establishments; aquaculture; bed and breakfast establishments; boarding houses; bushfire hazard reduction; camp or caravan sites for temporary residency; car parks; cemeteries; childcare centres; clearing of bushland; communications facilities; community facilities; dams; demolition; eco-tourism facilities; educational establishments; entertainment facilities; environmental facilities; forestry; general stores; helicopter landing sites; holiday cabins; hospitals; hotels; marinas; motels; passenger transport terminals; permanent group homes; places of worship; recreation areas; recreation facilities; registered clubs; restaurants; retail plant nurseries; roads; seniors housing; tourist facilities; transitional group homes; utility installations; veterinary clinics; veterinary hospitals.
Subdivision of land.
Other development not included in item 2 or 4.
Development for the purpose of—
• abattoirs; attached dual occupancies; brothels; bulky goods salesrooms; business premises; convenience stores; depots; detached dual occupancies; dwelling-houses; extractive industries; generating works; hazardous industries; hazardous storage establishments; heliports; home industries; home occupations; industries; light industries; medical centres; mines; motor showrooms; multi-unit housing; offensive industries; offensive storage establishments; office premises; rural industries; sawmills; service stations; shops; stock and saleyards; turf farms; vehicle body repair workshops; vehicle repair stations; warehouses or distribution centres.
Coloured green and lettered “6C”.
To protect and enhance sensitive natural habitat and waterway catchments.
• to protect habitat values and water quality and enable development which does not adversely impact upon these.
• to enable development that is within the environmental capacity of the land and can be adequately serviced.
• to enable protection of archaeological sites of Aboriginal significance.
Development for the purpose of—
• agriculture (which does not involve the clearing of bushland or construction of buildings); environmental protection works; home industries; home occupations.
Development for the purpose of—
• agriculture (which involves the clearing of bushland or the construction of buildings); aquaculture; attached dual occupancies; bed and breakfast establishments; dams; demolition; dwelling-houses; eco-tourism facilities; environmental facilities; forestry; recreation areas; roads; utility installations.
Subdivision of land.
Development that is not included in item 2 or 3.
Coloured orange and lettered “7A”.
To protect the scenic qualities of the Pacific Highway.
• to enable development that does not adversely impact on the scenic qualities of the Pacific Highway.
• to enable development that is within the environmental capacity of the land and can be adequately serviced.
Development for the purpose of—
• agriculture (which does not involve the clearing of bushland or the construction of buildings); environmental protection works.
Development for the purpose of—
• agriculture (which involves the clearing of bushland or the construction of buildings); aquaculture; dams; demolition; environmental facilities; forestry; recreation areas; recreation facilities; roads; utility installations.
Subdivision of land.
Development that is not included in item 2 or 3.
Coloured orange and lettered “7B”.
To protect the sensitive coastal environment.
• to identify sensitive coastal areas.
• to enable development that is within the environmental capacity of the land and can be adequately serviced.
Development for the purpose of—
• agriculture (which does not involve the clearing of bushland or the construction of buildings); environmental protection works.
Development for the purpose of—
• agriculture (which involves the clearing of bushland or the construction of buildings); aquaculture; dams; demolition; environmental facilities; forestry; recreation areas; roads; utility installations.
Subdivision of land.
Development that is not included in item 2 or 3.
Coloured orange and lettered “7C”.
To protect sensitive environments.
• to enable development that is authorised by or under the National Parks and Wildlife Act 1974.
• to enable development that is within the environmental capacity of the land and can be serviced.
Development for the purpose of any land use authorised by or under the National Parks and Wildlife Act 1974.
Nil.
Development that is not included in item 2 or 3.
Coloured dark green and lettered “8”.
To enable works and activities of a minor nature or that may be certified as meeting objective development standards to be carried out without the necessity for a formal grant of development consent.
The following development is complying development, but only if it complies with the development standards set out in this Plan and in the development control plan entitled Complying Development (as adopted by the Council on 11 November 1999)—
(a) development on land within Zone 2A for the purposes of a dwelling-house,
(b) development for the purposes of an internal fit-out of a building on land within Zone 3A, 3B, 3C, 3D, 3E, 3F, 3G or 4A,
(c) development for the purposes of an internal fit-out of a building on land within any zone if the use of the building is an existing use.
Development of minimal environmental impact identified in Schedule 2 is exempt development. It may be carried out without development consent.
Development is not exempt or complying development unless it—
(a) complies with the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(b) does not contravene any conditions of a development consent applicable to the land, and
(c) complies with development standards elsewhere in that plan that relate to the relevant class of development, and
(d) does not contravene any tree preservation order applying to the land.
Development is not exempt development if it is carried out—
(a) within an Aboriginal area (within the meaning of the National Parks and Wildlife Act 1974), or
(b) within Zone 1F or 8, or on Crown land reserved or dedicated for the purpose of fauna or flora conservation, or
(c) in an aquatic reserve (declared under the Fisheries Management Act 1994), or
(d) on land the development of which requires consent because of the presence of acid sulfate soil, or
(e) where the development could obstruct drainage, or vehicular or pedestrian access to the site, or
(f) in contravention of the Coffs Harbour Koala Plan of Management available from the office of the Council, or
(g) on land to which State Environmental Planning Policy No 26—Littoral Rainforests applies.
To enable preservation of trees to maintain the amenity of the City.
The Council may make, revoke or amend a tree preservation order that identifies trees to which this clause applies.
A person shall not carry out or permit or direct or cause any ringbarking, cutting down, topping, lopping, removing or wilful destruction of any tree or trees to which a tree preservation order applies without development consent. This does not apply to or in respect of—
(a) action required by regulations under the Electricity Safety Act 1945 or the Electricity Supply Act 1995, or
(b) plants declared to be noxious weeds under the Noxious Weeds Act 1993, or
(c) trees identified for removal under a bush fire management plan available from the office of the Council.
A tree preservation order, and any revocation or amendment of such an order, does not have effect until it has been published in a newspaper circulating in the area of the City of Coffs Harbour.
To provide for the protection of koalas and their habitat.
Consent shall not be granted to development on land to which this Plan applies unless the development is in accordance with a koala plan of management.
To control soil erosion, sedimentation, tree loss and drainage impacts associated with landform modification.
A person shall not, without development consent, carry out a work or any other development on land to which this Plan applies for any purpose where the work or other development has the effect, in the opinion of the consent authority, of significantly adversely affecting the natural environment, through either filling or excavation.
This provision does not apply to Coffs Harbour Airport land (that is, land within Zone 5A (Aerodrome)).
To ensure that all development has adequate water and sewage services.
Consent shall not be granted to the carrying out of any development on land to which this Plan applies unless—
(a) a water supply and facilities for the removal or disposal of sewage and drainage are available to that land, or
(b) arrangements satisfactory to the consent authority have been made for the provision of that supply and those facilities, or
(c) the consent authority has formed the opinion the development proposed does not require that supply or those facilities.
(Repealed)
To permit the temporary use of land for community activities.
Regardless of any other provision of this Plan, a person may carry out development on any land without development consent for any purpose for a maximum period of 28 days, whether consecutive or non-consecutive, in any one year if, in the opinion of the Council, the purpose contributes to the cultural well-being of the community.
No development may be carried out pursuant to this clause until written notice of the proposal to carry it out has been given to the Council.
To ensure private restrictions do not restrict development or activities being carried out in accordance with this Plan.
If any agreement, covenant or other similar instrument prohibits or restricts development allowed by this Plan, the agreement, covenant or instrument does not apply to that development to the extent necessary to allow that development to be carried out.
Nothing in subclause (1) affects the rights or interests of any public authority under any registered instrument.
In accordance with section 28 of the Environmental Planning and Assessment Act 1979, the Governor approved of subclauses (1) and (2) before this Plan was made.
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.
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.
Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating—
(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
(b) that there are sufficient environmental planning grounds to justify contravening the development standard.
Development consent must not be granted for development that contravenes a development standard unless—
(a) the consent authority is satisfied that—
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
(b) the concurrence of the Planning Secretary has been obtained.
In deciding whether to grant concurrence, the Planning Secretary must consider—
(a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and
(b) the public benefit of maintaining the development standard, and
(c) any other matters required to be taken into consideration by the Planning Secretary before granting concurrence.
Development consent must not be granted under this clause for a subdivision of land in Rural 1A Agriculture Zone (Zone 1A), Rural 1B Living Zone (Zone 1B), Environmental Protection 7A Habitat and Catchment Zone (Zone 7A), Environmental Protection 7B Scenic Buffer Zone (Zone 7B) or Environmental Protection 7C Coastal Zone (Zone 7C) 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.
After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).
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.
Land to which this Plan applies may be subdivided, but only with development consent.
1 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.
2 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 .
This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
The following development may be carried out, but only with development consent—
(a) converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,
(b) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.
Development to which subclause (2) applies is complying development if it consists only of—
(a) internal alterations to a building, or
(b) internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.
A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.
In this clause—
To allow the subdivision of land in accordance with the land’s environmental capacity and zone objectives.
This clause applies to land in Zone 1A, 1B, 1F, 7A or 7C.
Consent shall not be granted to the subdivision of land within a zone specified in the first column of the table to this clause which will enable creation of an allotment smaller than the area specified for that zone in the second column of the table.
Regardless of subclause (2), consent may be granted to the subdivision of land within Zone 1A to create an allotment not less than six hectares in area where the consent authority is satisfied that the allotment will be used for the purpose of banana growing as shown on Map 1 “Banana Lands” supporting the Council’s Rural Lands Development Control Plan.
Regardless of subclause (2)—
(a) if land in Zone 1A adjoins land in Zone 7A, consent may be granted to a subdivision of the composite parcel provided each resultant allotment contains at least 40 hectares of land within Zone 1A, or
(b) if land in Zone 7A adjoins land in Zone 1B, 2A, 2B, 2C, 2D or 2E, consent may be granted to a subdivision of the composite parcel provided—
(i) each resultant allotment contains an adequate (in the opinion of the consent authority) building envelope outside the land in Zone 7A, and
(ii) the consent authority considers that the subdivision is desirable for achieving long term management of the land within Zone 7A, and
(iii) if the composite parcel contains land in Zone 1B and 7A, each resultant allotment has an area of at least the greater of the following—
(A) the minimum area specified in Korora Rural Residential Development Control Plan as in force on the commencement of Coffs Harbour City Local Environmental Plan 2000 (Amendment No 28),
(B) one hectare,
(c) if land in Zone 7A adjoins land in Zone 2A, 2B, 2C, 2D or 2E, consent may be granted to a subdivision of the composite parcel provided—
(i) each resultant allotment contains an adequate (in the opinion of the consent authority) building envelope outside the land in Zone 7A, and
(ii) the consent authority considers that the subdivision is desirable for achieving long term management of the land within Zone 7A.
Consent shall not be granted to a subdivision pursuant to subclause (4) (a) where additional riparian access rights to streams, creeks, rivers and other waterways may be created.
Consent may be granted to the subdivision of land to which this clause applies that comprises a boundary adjustment or rearrangement of allotment boundaries only if—
(a) the development consent does not authorise the creation of any additional allotment or dwelling entitlement, and
(b) each proposed allotment contains only one of the existing dwelling-houses or attached dual occupancies, and
(c) each proposed allotment comprises an area of at least 10 hectares, and
(d) the consent authority is satisfied that—
(i) if the land is within Zone 1A, the proposal meets the aim and objectives of Zone 1A, and
(ii) if part of the land is within Zone 7A, the long term management of the land in Zone 7A will be assisted.
Consent may be granted to the subdivision of land within Zone 1B only if each proposed allotment has an area of at least the minimum area (not being an area of less than one hectare) specified in relation to the land in Coramba-Karangi-Upper Orara Development Control Plan (as adopted by the Council on 21 August 2003) and Nana Glen-Bucca Development Control Plan (as adopted by the Council on 21 August 2003).
Consent shall not be granted to the erection of a dwelling-house or attached dual occupancy on an allotment of land that has an area less than that required by subclause (2) or (3).
Minimum Allotment Size Table
Zone | Minimum area per allotment |
Rural 1A Agriculture Zone | 40 ha |
Rural 1B Living Zone, if the land is— | |
| 2 ha |
| 2 ha |
| 1 ha |
Rural 1F State Forest Zone | 40 ha |
Environmental Protection 7A Habitat and Catchment Zone | 40 ha |
Environmental Protection 7C Coastal Zone | 40 ha |
Regardless of subclause (6), consent may be granted to the erection of a dwelling or attached dual occupancy on an allotment which is—
(a) an allotment created by a subdivision to which development consent was granted before this Plan came into force, or
(b) an allotment created in accordance with subclause (2), (3), (4) or (5B), where part of the allotment is within Zone 1A or 1B, or
(c) an allotment created by a subdivision effected in accordance with State Environmental Planning Policy No 4—Development Without Consent, or
(d) an allotment or portion referred to in Schedule 7, or
(e) an allotment upon which such a dwelling would have been permissible under a planning instrument which applied to the allotment immediately before this Plan came into force, or
(f) an allotment on which there is a dwelling and where the new dwelling or the new dual occupancy is to replace the dwelling first mentioned.
Development for the purpose of a dwelling now situated in Zone 1A or 1B in accordance with a building permit under the Local Government Act 1919 issued between 20 October 1967 and 21 April 1988 (both dates inclusive) shall be taken to have been lawfully carried out.
Regardless of subclauses (2) and (4), if a parcel of land that is within land to which Korora Rural Residential Development Control Plan (as in force on the commencement of Coffs Harbour City Local Environmental Plan 2000 (Amendment No 28)) applies has at least two lawfully erected dwellings, each with a separate on-site sewerage management system approved under the Local Government (Approvals) Regulation 1999, consent may be granted to a subdivision of the parcel provided each resultant allotment contains a lawfully erected dwelling and an adequate area of land (in the opinion of the consent authority) for bushfire hazard reduction, access, effluent disposal, vegetation and habitat, water supply, water quality, stormwater disposal and banana land buffers.
To allow the subdivision of, and erection of dwellings on, land in accordance with a development control plan.
This clause applies to land near the Big Banana, in the vicinity of Pinnacle Way, Coffs Harbour, as shown coloured with pink stripes and lettered “2E” on the map marked “Coffs Harbour City Local Environmental Plan 2000 (Amendment No 37)”.
Consent must not be granted for the subdivision of, or erection of a dwelling on, land to which this clause applies unless the consent authority is satisfied that the subdivision or erection of a dwelling is in accordance with the Big Banana/Summit Lands Development Control Plan as in force on the commencement of Coffs Harbour City Local Environmental Plan 2000 (Amendment No 37).
To allow the subdivision of, and erection of dwellings on, land in accordance with a development control plan.
This clause applies to part of Lot 5, DP 820652 and part of Lot 23, DP 716144, on the western side of the Pacific Highway, Coffs Harbour, as shown coloured pink and lettered “2A” on the map marked “Coffs Harbour City Local Environmental Plan 2000 (Amendment No 38)”.
Consent must not be granted for the subdivision of, or erection of a dwelling on, land to which this clause applies unless the consent authority is satisfied that the subdivision, or erection of a dwelling, is in accordance with the North Coffs Development Control Plan as in force on the commencement of Coffs Harbour City Local Environmental Plan 2000 (Amendment No 38).
To classify or reclassify Council land for operational purposes.
The public land described in Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
Land described in Columns 1 and 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except those (if any) specified opposite the land in Column 3 of Schedule 4.
In this clause,
Before the relevant amending plan inserted a description of land into Schedule 4, the Governor approved of subclause (2) applying to the land.
To provide for the development of land for community purposes.
Consent must not be granted to the development of land within Zone 5A unless—
(a) the consent authority is satisfied that the development is consistent with—
(i) the aim and the objectives of the zone, and
(ii) any relevant plan of management under the Local Government Act 1993 or the Crown Land Management Act 2016, and
(b) the consent authority has taken into consideration any masterplan for the land the subject of the development.
Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
To provide for the acquisition of land.
The owner of any land within a zone specified in the first column of the table to this clause may, by notice in writing, require the public authority specified opposite in the second column of the table to acquire that land.
On receipt of a notice referred to in subclause (1), but subject to subclauses (3) and (4), the authority concerned shall acquire the land, unless the land is required to be provided without cost as a condition of consent to the carrying out of development or held by the public authority concerned for the public purpose for which it is reserved.
Nothing in this Plan, other than subclause (4), shall require the Council to acquire any land within Zone 5A (and lettered on the map “Council Purposes”) or Zone 6A if, in the opinion of the Council, the need for the open space or public purpose has not yet been created by development in the vicinity.
On the receipt of a notice referred to in subclause (1), the Council must acquire land within Zone 5A (and lettered on the map “Council Purposes”) or Zone 6A if the Council is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time.
A person may, with development consent, carry out development for any purpose on land within Zone 5A or 6A until the land is acquired or developed for the purpose for which it is zoned.
Consent shall not be granted to, and a person shall not carry out, development on land referred to in subclause (5) so as to render the land unfit in the future for the purpose for which it is zoned.
On receipt of a notice to acquire land within Zone 5A (and lettered on the map “Classified Road”), the RTA must acquire the land if—
(a) the land is vacant, or
(b) the land is not vacant but—
(i) the land is included in the five year works program of the RTA current at the time of the receipt of the notice, or
(ii) the RTA has decided not to give concurrence to an application for consent to the carrying out of development on the land, or
(iii) the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time,
but the RTA is not required to acquire the land if it might reasonably be required to be dedicated as public land.
The Council must take the following matters into consideration in deciding whether to grant consent to proposed development as required by subclause (5)—
(a) the need to carry out development on the land for the purpose for which the land is reserved,
(b) whether the proposed development will render the land unfit for that purpose,
(c) the imminence of acquisition,
(d) the likely additional cost to the public authority responsible for acquisition resulting from the carrying out of the proposed development,
(e) whether a refusal to grant consent will cause undue financial hardship to any owner, mortgagee or lessee of the land.
Table
Zone | Responsible authority |
5A—(lettered “Council Purposes”, and with a description of the particular purpose, on the map) | Council |
5A—(lettered “Public School” on the map) | Department of Education and Training |
5A—(lettered “Classified Road” on the map) | Roads and Traffic Authority (RTA) |
5A—(lettered “Fire Station” on the map) | New South Wales Fire Brigades |
6A | Council |
To conserve the environmental heritage of the area to provide continuity with the past.
A person shall not, in respect of a building, work, relic, tree or place that is a heritage item or in a heritage conservation area—
(a) demolish or alter the building or work, or
(b) damage or move the relic, or
(c) excavate for the purpose of exposing the relic, or
(d) damage or despoil the tree or place, or
(e) erect a building on or subdivide land on which the building, work, relic or tree is situated or that comprises the place,
except with development consent.
Consent shall not be granted to an application to carry out development referred to in subclause (1) that involves erecting a building or altering an existing building unless the consent authority has taken into consideration the relevant matters in subclause (5) and the extent to which the carrying out of the proposed development would affect the heritage significance of the item and any stylistic or horticultural features of its setting.
The consent authority may decline to grant such a consent unless it has considered a conservation plan so as to enable the consent authority to fully consider the heritage significance of the item and the impact of the proposed development on the significance of the item and its setting.
The consent authority shall not grant consent to an application to carry out development on land adjoining a heritage item unless it has made an assessment of the effect the carrying out of that development will have on the heritage significance of the item and its setting.
The consent authority shall not grant consent to an application to carry out development referred to in this clause, being an application to erect a new building or to alter an existing building, unless it has made an assessment of—
(a) the pitch and form of the roof, and
(b) the style, size, proportion and position of the openings for windows and doors, and
(c) whether the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building are compatible with the materials used in the existing building (if any) to be altered.
Where the consent authority receives an application for consent to carry out development on land which is identified by the Council as an archaeological site or potential archaeological site, consent must not be granted until the consent authority has considered—
(a) a conservation plan which includes an assessment of how the proposed development would affect the conservation of the item, and
(b) written evidence that the applicant has complied with the provisions of Division 9 of Part 6 of the Heritage Act 1977 in relation to any proposed excavation arrangements on the site.
A person shall not carry out development on land within an archaeological site or potential archaeological site, shown on the map, unless an archaeological survey or study has been carried out after the person has consulted the Council and the Department of Environment and Climate Change about the content of the survey or study.
Other approvals from the Department of Environment and Climate Change may be required in relation to archaeological areas.
Despite any other provision of this plan, a person must not, except with development consent, carry out development for the purposes of agriculture or environmental protection works on land within Zone 1A that is an archaeological site of Aboriginal significance shown as such within the area shown edged heavy black on Sheet 4 of the map marked “Coffs Harbour City Local Environmental Plan 2000 (Amendment No 32)”.
Nothing in this Plan prevents consent from being granted to an application to use, for any purpose other than a brothel—
(a) a building that is a heritage item, or the land on which the building is erected, or
(b) a building within a heritage conservation area or the land on which the building is erected,
if the consent authority is satisfied that—
(c) the proposed use would have little or no adverse effect on the amenity of the area, and
(d) the conservation of the building depends on the consent being granted.
To protect the amenity of waterways and the Solitary Islands Marine Park and provide protection from coastal hazards.
Regardless of any other provision of this Plan, development shall not be carried out on any land that is unzoned without development consent.
A foreshore building line is shown by a broken black line and identified as “Foreshore Building Line” on the map.
Regardless of any other provision of this Plan, buildings shall not be erected, without development consent, between the foreshore building line and a bay, river, creek, lake, lagoon, harbour or ocean in respect of which the line is fixed.
Consent must not be granted to the subdivision of, or the erection of a building or the carrying out of a work on, land adjoining the Solitary Islands Marine Park unless—
(a) the consent authority has taken into account the following objectives of the Marine Parks Act 1997—
(i) to conserve marine biological diversity and marine habitats by declaring and providing for the management of a comprehensive system of marine parks,
(ii) to maintain ecological processes in marine parks,
(iii) where consistent with the preceding objectives—
• to provide for ecologically sustainable use of fish (including commercial and recreational fishing) and marine vegetation in marine parks, and
• to provide opportunities for public appreciation, understanding and enjoyment of marine parks, and
(b) where the use of the land after subdivision, erection of the building or carrying out of the work is likely to, in the opinion of the consent authority, have an effect on the plants or animals within the Marine Park and their habitat, it has consulted with the Solitary Islands Marine Park Authority.
The consent authority has consulted in accordance with this clause if it has given that Authority details of the development proposal and taken into account any submission made by that Authority about the proposed development within 28 days of providing the details to it.
Subclauses (7) and (8) apply to the land shown edged heavy black on the Drinking Water Catchment Map.
Despite any other provisions of this Plan, development for the purposes of any of the following may be carried out on land to which this subclause applies only with development consent—
(a) any of the following forms of agriculture—
(i) dairy farming,
(ii) the cultivation of crops by means of intensive horticulture (including floriculture, hydroponic horticulture and viticulture),
(iii) the cultivation of fruit,
(iv) the cultivation of plants in a wholesale plant nursery,
(b) a dam with a surface area greater than 5,000 square metres,
(c) a recreation area other than a children’s playground.
Consent may be granted to development on land to which this subclause applies only if the consent authority—
(a) has considered the impact the development will have on any public water supply source, and
(b) is satisfied the development will not increase the risk of pollution of any public water supply source.
To ensure development of land subject to environmental hazards is conducted in a manner which does not adversely affect the environment.
A person must not, without development consent, carry out works on land to which this Plan applies shown as being Class 1, 2, 3, 4 or 5 land on the map marked “Potential Acid Sulfate Soils”, being the works specified for the class of land in the following table, except as otherwise provided in this clause—
Acid Sulfate Soils Table
Class of land | Works to which this clause applies |
1 | Any works |
2 | Works below the ground surface Works by which the watertable is likely to be lowered |
3 | Works beyond 1 metre below the natural ground surface Works by which the watertable is likely to be lowered beyond 1 metre below natural ground surface |
4 | Works beyond 2 metres below the natural ground surface Works by which the watertable is likely to be lowered beyond 2 metres below natural ground surface |
5 | Works within 500 metres of adjacent Class 1, 2, 3 or 4 land which are likely to lower the watertable below 1 metre AHD on adjacent Class 1, 2, 3 or 4 land |
For the purposes of subclause (1),
(a) any disturbance of more than one tonne of soils (such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries dredging, the construction of artificial water bodies (including canals, dams, and detention basins) or foundations, or flood mitigation works), or
(b) any other works that are likely to lower the watertable.
Subclause (1) does not require consent for the carrying out of those works if—
(a) a copy of a preliminary assessment of the proposed works, undertaken in accordance with the Acid Sulfate Soil Manual, has been given to the Council, and
(b) the Council has provided written advice to the person proposing to carry out the works confirming that results of the preliminary assessment indicate the proposed works need not be carried out pursuant to an acid sulfate soils management plan prepared in accordance with the Acid Sulfate Soil Manual.
The consent authority must not grant a consent required by subclause (1) unless it has considered—
(a) the adequacy of an acid sulfate soils management plan prepared for the proposed development in accordance with the Acid Sulfate Soil Manual, and
(b) the likelihood of the proposed development resulting in the discharge of acid water, and
(c) (Repealed)
Subclause (1) requires consent for development proposed by the Council, another council, a county council or a drainage union despite—
(a) clause 7, and
(b) clause 10 of State Environmental Planning Policy No 4—Development Without Consent.
Regardless of subclause (5), development to which subclause (1) applies may be carried out by the Council or a county council, without consent, being—
(a) development consisting of emergency works, or
(b) development consisting of routine maintenance, or
(c) development consisting of minor works,
and development ancillary to that development, such as the carrying out of excavation work, the construction of accessways and the provision of power supplies.
Despite subclause (6), development consisting of routine maintenance or minor works may be carried out only with consent for development on a site listed as a heritage item in Schedule 5.
Where the Council or a county council carries out development described in subclause (6) and encounters, or is likely to encounter, acid sulfate soils, the Council or county council shall properly deal with those soils in accordance with the Acid Sulfate Soil Manual so as to minimise the actual or potential impact to the environment arising from disturbance of the soils.
(Repealed)
The objectives of this clause are—
(a) to maintain the existing flood regime and flow conveyance capacity, and
(b) to enable safe occupation of flood prone land, and
(c) to avoid significant adverse impacts on flood behaviour, and
(d) to avoid significant adverse effects on the floodplain environment that would cause avoidable erosion, saltation, destruction of riparian vegetation or a reduction in the stability of the river bank or watercourse, and
(e) to limit uses to those compatible with flow conveyance function and flood hazard.
This clause applies to land shown as flood prone land on the Flood Prone Land Map.
Development consent is required for the following development—
(a) subdivision of land,
(b) filling and earthworks,
(c) the erection of a building,
(d) the carrying out of a work,
(e) flood mitigation works,
on land to which this clause applies.
Consent required by subclause (3) must not be granted unless the consent authority is satisfied that the development—
(a) will not adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and
(b) will not significantly alter flow distributions and velocities to the detriment of other properties or the environment of the floodplain, and
(c) will enable safe occupation of the flood prone land,
(d) will not significantly detrimentally affect the floodplain environment or cause avoidable erosion, saltation, destruction of riparian vegetation or a reduction in the stability of the river bank or watercourse, and
(e) will not be likely to result in unsustainable social and economic costs to the flood affected community or general community, as a consequence of flooding, and
(f) is compatible with the flow conveyance function of the floodway, and
(g) is compatible with the flood hazard within the floodway.
In this clause,
To allow for land use exceptions to the development control table which meet the overall aims and objectives of this Plan.
Regardless of the table to clause 9, the following development is allowed with development consent in accordance with the following table—
Land Use Exceptions Table
Column 1 | Column 2 | Column 3 |
Address/Area | Land description | Development |
“Gateway Site” Pacific Highway, Coffs Harbour | Lot 101, DP 747447; Lot 1, DP 250074; Lot 1, DP 606738; Lot 10, DP 614611 | Development for the purpose of office premises not exceeding 5,000m |
“Paradise Palms” Pacific Highway, Sapphire | Lot 1, DP 799263 | Subdivision of land pursuant to the Community Land Development Act 1989. |
Pacific Highway, Moonee | Lots 1 and 2, DP 725785 | Development for the purpose of a retail plant nursery |
Gaudrons Road, Sapphire | Lot 3, DP 550367 | Subdivision of land into two allotments |
Coramba Road, Karangi | Lots 1 and 2, DP 748043 | Development for the purpose of extractive industry |
Bennetts Road, Coffs Harbour | Lot 110, DP 749892 | Development for the purpose of extractive industry |
North Boambee Road, Coffs Harbour | Lot 22, DP 608281; Lot 1, DP 394376; Lot 1, DP 592020; Lots 300 and 301, DP 804293; Lot 1, DP 398473; Lots 1 and 2, DP 709084; Portions 236 and 239, FP 755536; Lot 32, DP 791211 | Development for the purpose of extractive industry |
Intersection of Pacific Highway and North Boambee Road, Coffs Harbour | That part of Lot 22, DP 593053 that is within the Residential 2E Tourist Zone | Development for the purpose of a motor showroom |
Nana Glen, Nana Glen Rail, Lowanna and Ulong Villages | All land in Residential 2A Low Density Zone | Development for any purpose if the consent authority is satisfied that the development will benefit tourism and that it is consistent with Nana Glen-Bucca Development Control Plan, as adopted by the Council on 21 August 2003 and Coastal and Hinterland Development Control Plan, as adopted by the Council on 21 August 2003. |
2 Halls Road, North Boambee Valley | Lot 10, DP 1076396 | Development for the purpose of shops, with the total gross floor area of the shops not exceeding 3,000m |
Corner of Linden Avenue and Bruce King Drive, Boambee East | Lot 529, DP 807140 | Development for the purpose of a car park |
39–41 Clarence Street (corner of Pullen Street), Woolgoolga | Lot 1, DP 579511; Lot 500, DP 776362 | Development for the purposes of a supermarket (being a single self-service store retailing food and household products), with the gross floor area not exceeding 3,850m |
North Bonville Road, North Bonville | That part of Lot 101, DP 881242 that is shown edged heavy black and cross hatched on Sheet 2 of the map marked “Coffs Harbour City Local Environmental Plan 2000 (Amendment No 46)” | Development associated with the operation of the Bonville Golf Resort for the purpose of—
|
The aims of this clause are—
(a) to allow for future urban development and the conservation of ecological and riparian corridors and areas of visual significance on land in urban release areas, and
(b) to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of such land to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes, and
(c) to ensure that development on such land occurs in a logical and cost-effective manner in accordance with a staging plan.
This clause applies to land in an urban release area, but does not apply to any such land if the whole or any part of it is in a special contributions area (as defined by section 93C of the Act).
This clause prevails over any other provision of this plan to the extent of any inconsistency.
Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.
Subclause (4) does not apply to—
(a) any lot identified in the certificate as a residue lot, or
(b) any lot created by a subdivision consented to in accordance with subclause (4), or
(c) any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utilities, educational facilities, or any other public purpose, or
(d) a subdivision for the purpose only of rectifying an encroachment on any existing lot.
State Environmental Planning Policy No 1—Development Standards does not apply to the subdivision of land within the urban release area, other than—
(a) the subdivision of land referred to in subclause (5) (a)–(c), or
(b) subdivision of the type referred to in subclause (5) (d).
Development consent must not be granted for development on land in an urban release area unless the consent authority is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.
Subclause (7) does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.
Development consent must not be granted for development on land in an urban release area unless a development control plan that provides for the matters specified in subclause (10) has been prepared for the land.
The development control plan must provide for all of the following—
(a) a staging plan for the timely and efficient release of urban land making provision for necessary infrastructure and sequencing,
(b) an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,
(c) an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,
(d) a network of passive and active recreational areas,
(e) stormwater and water quality management controls,
(f) amelioration of natural and environmental hazards, including bushfire, flooding and site contamination,
(g) detailed urban design controls for significant development sites,
(h) measures to encourage higher density living around transport, open space and service nodes,
(i) measures to accommodate and control appropriate neighbourhood commercial and retail uses,
(j) suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.
Subclause (9) does not apply to any of the following development—
(a) a subdivision for the purpose of a realignment of boundaries that does not create additional lots,
(b) a subdivision of land if the lot that is proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environmental protection purpose,
(c) a subdivision of land within a zone in which the erection of structures is prohibited,
(d) proposed development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the proposed development would be consistent with the objectives of the zone in which the land is situated.
In this clause—
(a) State and regional roads,
(b) bus interchanges and bus lanes,
(c) rail infrastructure and land,
(d) land required for regional open space,
(e) land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes).
(a) the supply of water,
(b) the supply of electricity,
(c) the disposal and management of sewage.
(a) in Zone 2A (Residential 2A Low Density Zone), as shown edged heavy black on the map marked “Coffs Harbour City Local Environmental Plan 2000 (Amendment No 17)”, and
(b) in Zone 2E (Residential 2E Tourist Zone), as shown edged heavy black on Sheet 1 of the map marked “Coffs Harbour City Local Environmental Plan 2000 (Amendment No 46)”.
(Clause 7)
The carrying out by persons carrying on railway undertakings on land comprised in their undertakings of—
(a) any development required in connection with the movement of traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant, and
(a) indicates the use of premises, or nature of goods or services sold or provided from premises, on the site where the advertisement is located, and
(b) is located at or below the level of an awning or, where there is no awning, is located not more than 4.6 metres above ground level or the level of the bottom of any first floor window, whichever is lower, and
(c) if it appears on a surface in conjunction with other advertisements, covers no more than 50% of the surface.
(a) placing moveable dwellings for permanent accommodation or for the temporary accommodation of tourists, or
(b) the erection, assembly or placement of cabins for the temporary accommodation of tourists.
(a) the children number 6 or more,
(b) the building or place does not provide residential care for any of the children (other than those related to the owner or operator).
In that Act,
(a) cutting down, felling, thinning, logging or removing native vegetation,
(b) killing, destroying, poisoning, ringbarking, uprooting or burning native vegetation,
(c) severing, topping or lopping branches, limbs, stems or trunks of native vegetation,
(d) substantially damaging or injuring native vegetation in any other way.
(a) where no dwelling or dwelling-house exists on the allotment or portion—the erection of two detached dwellings on the allotment or portion, or
(b) where a dwelling-house exists on the allotment or portion—the erection of a second detached dwelling on the allotment or portion.
(a) an advertisement that is not visible from outside the site where it is located, or
(b) a real estate sign, or
(c) a temporary sign, or
(d) a public notice displayed by a public authority, or
(e) an advertisement behind the glass line of a shop window, or
(f) a single pylon sign erected on a site lawfully used for the purpose of a tourist facility, or
(g) a painted wall sign, or
(h) a residential sign.
(a) a school, and
(b) a tertiary institution, being a university, a TAFE establishment (within the meaning of the Technical and Further Education Commission Act 1990), teachers’ college or other tertiary college providing formal education which is constituted by or under an Act, and
(c) an art gallery or museum that is not used to sell the items displayed in it,
whether or not accommodation for staff or students, or both, is provided and whether or not used for the purpose of gain.
(a) because it has been (or is being) damaged by a natural disaster, an accident, an act of vandalism or a like occurrence, or
(b) because it has ceased to function or to function adequately,
and includes work reasonably necessary to prevent or limit any further damage or malfunction.
(a) sports stadiums, showgrounds, racecourses and the like, and
(b) theatres, cinemas, music halls, concert halls, open air theatres, drive-in theatres and the like.
(a) afforestation, forest protection or the cutting, dressing and preparing (otherwise than in a sawmill) of wood and other forest products, or
(b) establishing roads necessary for the removal of wood and forest products, or
(c) forest protection,
but does not include any clearing permitted under the Native Vegetation Conservation Act 1997.
(a) columns, fin walls, sun control devices, awnings and any other elements, projections or works outside the general lines of the outer face of the external wall, and
(b) lift towers, cooling towers, machinery and plant rooms, ancillary storage space and air-conditioning ducts, and
(c) car parking needed to meet any requirements of the Council and any internal designated vehicular or pedestrian access, and
(d) space for the loading and unloading of goods, and
(e) internal public arcades and thoroughfares, and
(f) terraces and balconies with outer walls less than 1.4m high.
(a) to human health, life or property, or
(b) to the biophysical environment.
(a) to human health, life or property, or
(b) to the biophysical environment.
(a) a terminal building, or
(b) facilities for the parking, storage or repair of helicopters.
(a) the industry is conducted by the permanent residents of the dwelling-house or dwelling, and
(b) except where the building is a dwelling-house or dwelling, the building does not exceed 50m
2 in area, and(c) the industry does not involve the employment of more than one person other than such residents, and
(d) the industry does not—
(i) interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise, or
(ii) involve exposure to view from any adjacent premises, or from any public place, of any unsightly matter, or
(iii) require the provision of any essential service main of a greater capacity than that available in the locality.
(a) the registration of the building, dwelling-house or dwelling under the Shops and Industries Act 1962, or
(b) the employment of more than 1 person other than such residents, or
(c) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise, or
(d) the display of goods, except for the purposes of home galleries, whether in a window or otherwise, or
(e) the erection of a sign not exceeding 0.8m in area, or
(f) prostitution.
(a) slipways, pontoons, jetties, piers or the like, and
(b) facilities for the repair, maintenance and fuelling of, or for the provision of accessories and parts for, boats.
(a) used to provide a household environment for disabled persons or socially disadvantaged persons, whether those persons are related or not, and
(b) occupied by the persons referred to in paragraph (a) as a single household, with or without paid or unpaid supervision or care and either with or without payment for board and lodging being required,
but does not include a building to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies or a transitional group home.
(a) in the case of an advertisement in respect of residential or rural premises, that does not exceed 2.5 m
2 in area, or(b) in all other cases, that does not exceed 4.5 m
2 in area,
and is not displayed for more than 14 days after an agreement has been entered into for the sale or lease.
(a) an area used or intended for use for sporting activities or sporting facilities,
(b) an area used or intended for use to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by—
(i) the Council, or
(ii) a body of persons associated for the purpose of the physical, cultural or intellectual welfare of persons within the community,
but does not include a racecourse or a showground.
(a) any deposit, object or material evidence (including human remains) relating to the use or settlement of the Council’s area, not being Aboriginal habitation, which is more than 50 years old, or
(b) any deposit, object or material evidence (including human remains) relating to Aboriginal habitation of the Council’s area whether before or after its occupation by persons of European extraction.
(a) removing, dispersing, destroying, reducing, mitigating or containing the contamination of any land, or
(b) eliminating or reducing any hazard arising from the contamination of any land (including by preventing the entry of persons or animals on the land).
(a) the handling, treating, processing or packing of primary products produced in the locality in which it is carried out, or
(b) the regular servicing or repairing of plant or equipment used for the purpose of agriculture or aquaculture or for the purpose of a business or activity referred to in paragraph (a).
(a) people aged 55 or more years,
(b) people who are resident at a facility at which residential care (within the meaning of the Aged Care Act 1997 of the Commonwealth) is provided,
(c) people who have been assessed as being eligible to occupy housing for aged persons provided by a social housing provider (within the meaning of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004).
(a) a residential care facility, or
(b) a hostel, or
(c) a group of self-contained dwellings, or
(d) a combination of these,
and that is, or is intended to be, used permanently for—
(e) seniors or people who have a disability, or
(f) people who live in the same household with seniors or people who have a disability, or
(g) staff employed to assist in the administration of the residential accommodation or in the provision of services to persons living in the accommodation,
but does not include a hospital.
(a) the hiring of trailers,
(b) the retail selling or the installing of spare parts and accessories for motor vehicles,
(c) the washing and greasing of motor vehicles,
(d) the repairing or servicing of motor vehicles (other than body building, panel beating or spray painting),
(e) the retail selling or hiring of small consumer goods.
(a) which is used to provide a household environment for disabled persons or socially disadvantaged persons, whether or not those persons are related, and
(b) which is occupied by the persons referred to in paragraph (a) as a single household, with or without paid or unpaid supervision or care and with or without payment for board and lodging being required, and
(c) which does not contain more than five bedrooms or is occupied at the same time by not more residents (including resident staff, if any) than is equal to the number calculated by multiplying the number of bedrooms in the home by two.
(a) concerns any local event of a religious, educational, cultural, political, social or recreational nature, and
(b) does not include advertising of a commercial nature, except for the name of any sponsor, and
(c) is not displayed earlier than 28 days before the commencement of the event and is removed within 14 days after the end of the event.
The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the Plan.
• Coffs Harbour City Local Environmental Plan 2000 (Amendment No 1)
• Coffs Harbour City Local Environmental Plan 2000 (Amendment No 2)
• Coffs Harbour City Local Environmental Plan 2000 (Amendment No 3)
• Coffs Harbour City Local Environmental Plan 2000 (Amendment No 4)
• Coffs Harbour City Local Environmental Plan 2000 (Amendment No 7)
• Coffs Harbour City Local Environmental Plan 2000 (Amendment No 9)
• Coffs Harbour City Local Environmental Plan 2000 (Amendment No 10)
• Coffs Harbour City Local Environmental Plan 2000 (Amendment No 14)
• Coffs Harbour City Local Environmental Plan 2000 (Amendment No 15)
• Coffs Harbour City Local Environmental Plan 2000 (Amendment No 16)
• Coffs Harbour City Local Environmental Plan 2000 (Amendment No 17)
• Coffs Harbour City Local Environmental Plan 2000 (Amendment No 18)
• Coffs Harbour City Local Environmental Plan 2000 (Amendment No 21)
• Coffs Harbour City Local Environmental Plan 2000 (Amendment No 25)
• Coffs Harbour City Local Environmental Plan 2000 (Amendment No 26)
• Coffs Harbour City Local Environmental Plan 2000 (Amendment No 27)
• Coffs Harbour City Local Environmental Plan 2000 (Amendment No 28)
• Coffs Harbour City Local Environmental Plan 2000 (Amendment No 30)
• Coffs Harbour City Local Environmental Plan 2000 (Amendment No 31)
• Coffs Harbour City Local Environmental Plan 2000 (Amendment No 32)
• Coffs Harbour City Local Environmental Plan 2000 (Amendment No 34)
• Coffs Harbour City Local Environmental Plan 2000 (Amendment No 36)
• Coffs Harbour City Local Environmental Plan 2000 (Amendment No 37)
• Coffs Harbour City Local Environmental Plan 2000 (Amendment No 38)
• Coffs Harbour City Local Environmental Plan 2000 (Amendment No 45)—Sheets 1–16
• Coffs Harbour City Local Environmental Plan 2000 (Amendment No 46)—Sheet 1
• Coffs Harbour City Local Environmental Plan 2000 Amendment No 49
(a) used to provide temporary accommodation, for the purposes of relief or rehabilitation, for disabled persons or socially disadvantaged persons, whether those persons are related or not, and
(b) occupied by the persons referred to in paragraph (a) as a single household, either with or without paid or unpaid supervision or care and either with or without payment for board and lodging being required,
but does not include a building to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
(a) railways or roads, or
(b) railway, road, water or air transport, or wharf or river undertakings, or
(c) the provision of sewerage or drainage services, or
(d) the supply of water, hydraulic power, electricity or gas, or
(e) telecommunications facilities.
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