Dubbo Local Environmental Plan 2011 (NSW)

Case
No judgment structure available for this case.

Does not include amendments by—

Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021 (amended by Standard Instrument (Local Environmental Plans) Further Amendment (Land Use Zones) Order 2021 (712)), Schs 1[16], [18], [20]–[22], [49], [54] and [55] and 3 (not commenced — Sch 1[16], [18], [20]–[22], [49], [54] and [55] to commence on 30.6.2022; Sch 3 to commence on 1.12.2022)

See also—

Planning Legislation Amendment Bill 2019

Maps: Am 2012 (612), cl 4; 2013 (437), cl 4; 2015 (269), cl 4; 2015 (433), cl 4; 2015 (434), cl 4; 2015 (435), cl 4; 2015 (741), cl 4; 2016 (431), cl 4; 2017 (132), cl 4; 2018 (268), cl 4; 2018 (604), cl 4; 2019 (34), cl 4; 2019 (35), cl 4; 2019 (236), cl 4; 2020 (430), cl 4; 2020 (446), cl 4; 2021 (13), cl 4; 2021 (29), cl 4; 2021 (182), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.

Part 1Preliminary1.1Name of Plan

This Plan is Dubbo 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 the City of Dubbo 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 achieve a city structure that centralises the central business district by shifting the residential development emphasis to West Dubbo,

  • (b)

    to ensure the Dubbo central business district remains the primary commercial centre for the greater region,

  • (c)

    to ensure tourism opportunities are provided in appropriate locations in close proximity to the Taronga Western Plains Zoo, established accommodation nodes and service and support facilities,

  • (d)

    to provide high quality open space to meet a wide range of active and passive recreational needs,

  • (e)

    to ensure environmental and cultural heritage is adequately protected to ensure its conservation,

  • (f)

    to ensure adequate provision is made for the development, establishment and enhancement of cultural, research and medical institutions,

  • (g)

    to ensure land zoned for industrial purposes is protected from inappropriate development,

  • (h)

    to ensure rural lands are kept in large holdings to ensure sustainable agriculture can be undertaken without detrimental impact,

  • (i)

    to ensure development and land management practices do not further exacerbate the impact of salinity or result in new salinity outbreaks,

  • (j)

    to ensure urban stormwater is managed to maintain quality and not detrimentally impact on downstream development,

  • (k)

    to ensure the floodplains of the Macquarie and Talbragar Rivers are adequately protected from inappropriate development and to ensure the impact of flooding on people and the built and natural environment is minimised.

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—

  • Dubbo Local Environmental Plan 1997—Rural Areas

  • Dubbo Local Environmental Plan 1998—Urban Areas

(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.

1.8ASavings provision relating to development applications

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.

cl 1.8A: Am 2019 (621), Sch 5[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—

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

    RU4 Primary Production Small Lots

    RU5 Village

  • Residential Zones

    R1 General Residential

    R2 Low Density Residential

    R5 Large Lot Residential

  • Business Zones

    B1 Neighbourhood Centre

    B2 Local Centre

    B3 Commercial Core

    B4 Mixed Use

    B5 Business Development

    B6 Enterprise Corridor

    B7 Business Park

  • Industrial Zones

    IN2 Light Industrial

    IN3 Heavy Industrial

  • Special Purpose Zones

    SP2 Infrastructure

    SP3 Tourist

  • Recreation Zones

    RE1 Public Recreation

    RE2 Private Recreation

  • Conservation Zones

    C1 National Parks and Nature Reserves

    C3 Environmental Management

  • Waterway Zones

    W2 Recreational Waterways

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 182 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).

Note—

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 (Biodiversity and Conservation) 2021, Chapter 7

  • State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3

  • State Environmental Planning Policy (Primary Production) 2021, Chapter 2

Land Use tbl: Am 2015 (269), Sch 1 [1]–[6]; 2015 (741), Sch 1 [1]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2018 (604), Sch 1 [1]–[3]; 2019 (137), Sch 6 [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 enable uses of an appropriate scale to facilitate the economic sustainability of primary production.

  • To enable function centres, restaurants and appropriate forms of tourist and visitor accommodation to be developed in conjunction with agricultural uses.

2Permitted without consent

Environmental protection works; Extensive agriculture; Home-based child care; Home occupations; Roads

3Permitted with consent

Agricultural produce industries; Agriculture; Airstrips; Animal boarding or training establishments; Aquaculture; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Correctional centres; Depots; Dwelling houses; Eco-tourist facilities; Educational establishments; Environmental facilities; Extractive industries; Farm buildings; Forestry; Function centres; Group homes; Health consulting rooms; Helipads; Highway service centres; Home businesses; Home industries; Industrial training facilities; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Mooring pens; Moorings; Open cut mining; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Restaurants or cafes; Roadside stalls; Rural workers’ dwellings; Secondary dwellings; Sewerage systems; Signage; Tourist and visitor accommodation; Veterinary hospitals; Water recreation structures; Water supply systems; Wharf or boating facilities

4Prohibited

Advertising structures; Hotel or motel accommodation; Serviced apartments; Any other 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.

2Permitted without consent

Environmental protection works; Extensive agriculture; Home-based child care; Home occupations; Roads

3Permitted with consent

Agricultural produce industries; Agriculture; Animal boarding or training establishments; Aquaculture; Boat launching ramps; Camping grounds; Caravan parks; Cellar door premises; Centre-based child care facilities; Community facilities; Correctional centres; Depots; Dwelling houses; Eco-tourist facilities; Educational establishments; Environmental facilities; Extractive industries; Farm buildings; Forestry; Group homes; Health consulting rooms; Highway service centres; Home businesses; Home industries; Industrial training facilities; Information and education facilities; Jetties; Mooring pens; Moorings; Open cut mining; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Research stations; Respite day care centres; Secondary dwellings; Sewerage systems; Signage; Tourist and visitor accommodation; Truck depots; Water recreation structures; Water supply systems; Wharf or boating facilities

4Prohibited

Advertising structures; Hotel or motel accommodation; Intensive livestock agriculture; Serviced apartments; Any other 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; Roads

4Prohibited

Any development not specified in item 2 or 3

Zone RU4Primary Production Small Lots1Objectives of zone
  • To enable sustainable primary industry and other compatible land uses.

  • To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.

  • To minimise conflict between land uses within this zone and land uses within adjoining zones.

  • To encourage intensive plant agriculture activities which meet sustainable natural resource management principles.

  • To ensure land with high potential agricultural productivity is protected from inappropriate use and is conserved for intensive plant agriculture activities.

  • To enable function centres, restaurants and appropriate forms of tourist and visitor accommodation to be developed in conjunction with agricultural uses.

2Permitted without consent

Environmental protection works; Extensive agriculture; Home-based child care; Home occupations; Roads

3Permitted with consent

Agricultural produce industries; Agriculture; Animal boarding or training establishments; Aquaculture; Boat launching ramps; Boat sheds; Cellar door premises; Charter and tourism boating facilities; Community facilities; Correctional centres; Dairies (pasture-based); Depots; Dwelling houses; Educational establishments; Environmental facilities; Extractive industries; Farm buildings; Function centres; Group homes; Health services facilities; Home businesses; Home industries; Information and education facilities; Intensive plant agriculture; Jetties; Mooring pens; Moorings; Open cut mining; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Research stations; Restaurants or cafes; Roadside stalls; Rural workers’ dwellings; Sewerage systems; Signage; Tourist and visitor accommodation; Truck depots; Veterinary hospitals; Water recreation structures; Water reticulation systems; Water treatment facilities; Wharf or boating facilities

4Prohibited

Advertising structures; Hotel or motel accommodation; Intensive livestock agriculture; Serviced apartments; Any other development not specified in item 2 or 3

Zone RU5Village1Objectives of zone
  • To provide for a range of land uses, services and facilities that are associated with a rural village.

  • To ensure buildings and uses are compatible with the character of the village.

  • To permit low scale service activities, meeting the recreational, cultural and commercial needs of the community.

2Permitted without consent

Environmental protection works; Home-based child care; Home occupations; Roads

3Permitted with consent

Centre-based child care facilities; Community facilities; Dwelling houses; Horticulture; Light industries; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Schools; Sewage reticulation systems; Tank-based aquaculture; Waste or resource transfer stations; Water reticulation systems; Any other development not specified in item 2 or 4

4Prohibited

Advertising structures; Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Car parks; Charter and tourism boating facilities; Correctional centres; Electricity generating works; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; High technology industries; Home occupations (sex services); Hostels; Industrial training facilities; Industries; Marinas; Multi dwelling housing; Open cut mining; Passenger transport facilities; Public administration buildings; Recreation facilities (major); Residential flat buildings; Restricted premises; Rural industries; Rural workers’ dwellings; Sewerage systems; Sex services premises; Storage premises; Warehouse or distribution centres; Waste or resource management facilities; Water supply systems

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.

  • To ensure development is consistent with the character of the immediate locality.

2Permitted without consent

Environmental protection works; Home-based child care; Home occupations; Roads

3Permitted with consent

Attached dwellings; Boarding houses; Centre-based child care facilities; Community facilities; Dwelling houses; Group homes; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Residential flat buildings; Respite day care centres; Restaurants or cafes; Semi-detached dwellings; Seniors housing; Sewage reticulation systems; Shop top housing; Tank-based aquaculture; Water reticulation systems; Any other development not specified in item 2 or 4

4Prohibited

Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sewerage systems; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies

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.

  • To ensure development is consistent with the character of the immediate locality.

  • To encourage low density housing within a landscaped setting on the fringe of the Dubbo urban area.

2Permitted without consent

Environmental protection works; Home-based child care; Home occupations; Roads

3Permitted with consent

Bed and breakfast accommodation; Centre-based child care facilities; Community facilities; Dwelling houses; Educational establishments; Environmental facilities; Exhibition homes; Exhibition villages; Group homes; Health consulting rooms; Home businesses; Home industries; Information and education facilities; Medical centres; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Residential accommodation; Respite day care centres; Signage; Tank-based aquaculture; Water reticulation systems

4Prohibited

Advertising structures; Attached dwellings; Hostels; Multi dwelling housing; Residential flat buildings; 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.

2Permitted without consent

Environmental protection works; Extensive agriculture; Home-based child care; Home occupations; Roads

3Permitted with consent

Agricultural produce industries; Dairies (pasture-based); Dwelling houses; Home industries; Horticulture; Neighbourhood shops; Oyster aquaculture; Plant nurseries; Pond-based aquaculture; Tank-based aquaculture; Water reticulation systems; Any other development not specified in item 2 or 4

4Prohibited

Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Attached dwellings; Boarding houses; Boat building and repair facilities; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Dual occupancies; Eco-tourist facilities; Entertainment facilities; Extractive industries; Farm stay accommodation; Flood mitigation works; Freight transport facilities; Function centres; Heavy industrial storage premises; Helipads; Highway service centres; Home occupations (sex services); Hostels; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Industries; Marinas; Mortuaries; Multi dwelling housing; Open cut mining; Passenger transport facilities; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential flat buildings; Restricted premises; Rural industries; Rural workers’ dwellings; Semi-detached dwellings; Seniors housing; Service stations; Serviced apartments; Sewerage systems; Sex services premises; Shop top housing; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste or resource management facilities; Water supply systems; Wholesale supplies

Zone B1Neighbourhood Centre1Objectives of zone
  • To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.

  • To ensure the growth of each neighbourhood centre is consistent with the commercial hierarchy of the City of Dubbo.

2Permitted without consent

Environmental protection works; Home-based child care; Roads

3Permitted with consent

Amusement centres; Boarding houses; Business premises; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Environmental facilities; Function centres; Health consulting rooms; Home businesses; Home industries; Home occupations; Information and education facilities; Medical centres; Neighbourhood shops; Neighbourhood supermarkets; Oyster aquaculture; Passenger transport facilities; Places of public worship; Respite day care centres; Shop top housing; Signage; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals; Waste or resource transfer stations; Water reticulation systems

4Prohibited

Advertising structures; Bed and breakfast accommodation; Cellar door premises; Farm stay accommodation; Garden centres; Hardware and building supplies; Kiosks; Landscaping material supplies; Markets; Office premises; Plant nurseries; Pond-based aquaculture Pubs; Restricted premises; Roadside stalls; Rural supplies; Specialised retail premises; Timber yards; Vehicle sales or hire premises; Any other development not specified in item 2 or 3

Zone B2Local Centre1Objectives of zone
  • To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.

  • To encourage employment opportunities in accessible locations.

  • To maximise public transport patronage and encourage walking and cycling.

  • To ensure Orana Mall remains primarily a retail centre that allows for land use activities expected to fulfil a local centre role.

  • To protect and recognise land within the zone as providing a second order retail focus in the commercial hierarchy of the City of Dubbo.

  • To ensure that office premises only form a minor component of the land use activities within Orana Mall.

2Permitted without consent

Environmental protection works; Home-based child care; Roads

3Permitted with consent

Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Service stations; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Waste or resource transfer stations; Water reticulation systems; Any other development not specified in item 2 or 4

4Prohibited

Advertising structures; Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Bed and breakfast accommodation; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture Public administration buildings; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential accommodation; Rural industries; Sewerage systems; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies

Zone B3Commercial Core1Objectives of zone
  • To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.

  • To encourage appropriate employment opportunities in accessible locations.

  • To maximise public transport patronage and encourage walking and cycling.

  • To reinforce the role of the Dubbo central business district as the commercial, office and retail core of Dubbo and the region.

  • To encourage use of the Dubbo central business district for cultural, entertainment, leisure and dining activities.

  • To achieve activation of the river corridor by encouraging land use activities that front Bligh Street.

  • To promote active street frontages within the Dubbo central business district by encouraging business and retail development on the ground floor of buildings facing the street.

2Permitted without consent

Environmental protection works; Home-based child care; Roads

3Permitted with consent

Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Home industries; Hostels; Hotel or motel accommodation; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Seniors housing; Shop top housing; Tank-based aquaculture; Waste or resource transfer stations; Water reticulation systems; Any other development not specified in item 2 or 4

4Prohibited

Advertising structures; Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Bed and breakfast accommodation; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; 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; Flood mitigation works; Forestry; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential accommodation; Rural industries; Sewerage systems; Sex services premises; Storage premises; Vehicle body repair workshops; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities

Zone B4Mixed Use1Objectives of zone
  • To provide a mixture of compatible land uses.

  • To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

  • To preserve the streetscape and character of land adjoining the Dubbo central business district by encouraging the adaptive reuse of existing buildings for small scale business, office or retail premises that support the district.

2Permitted without consent

Environmental protection works; Home-based child care; Roads

3Permitted with consent

Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Home industries; Hotel or motel accommodation; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Seniors housing; Shop top housing; Tank-based aquaculture; Waste or resource transfer stations; Water reticulation systems; Any other development not specified in item 2 or 4

4Prohibited

Advertising structures; Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Freight transport facilities; Heavy industrial storage premises; Helipads; Highway service centres; Home occupations (sex services); Hostels; Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential flat buildings; Rural industries; Rural workers’ dwellings; Service stations; Sewerage systems; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies

Zone B5Business Development1Objectives of zone
  • To enable a mix of business and warehouse uses, and specialised retail premises that require a large floor area, in locations that are close to, and that support the viability of, centres.

  • To identify specific areas for bulky goods retailing.

2Permitted without consent

Environmental protection works; Home-based child care; Roads

3Permitted with consent

Business premises; Centre-based child care facilities; Garden centres; Hardware and building supplies; Home industries; Landscaping material supplies; Light industries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Respite day care centres; Restaurants or cafes; Rural supplies; Seniors housing; Specialised retail premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Water reticulation systems; Any other development not specified in item 2 or 4

4Prohibited

Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Function centres; Heavy industrial storage establishments; Helipads; Home occupations (sex services); Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Restricted premises; Rural industries; Sewerage systems; Sex services premises; Tourist and visitor accommodation; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities

Zone B6Enterprise Corridor1Objectives of zone
  • To promote businesses along main roads and to encourage a mix of compatible uses.

  • To provide a range of employment uses (including business, office, retail and light industrial uses).

  • To maintain the economic strength of centres by limiting retailing activity.

  • To facilitate a mix of business and retail development on the Mitchell, Newell and Golden Highways that services the needs of the travelling public.

2Permitted without consent

Environmental protection works; Home-based child care; Roads

3Permitted with consent

Business premises; Community facilities; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Landscaping material supplies; Light industries; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Plant nurseries; Restaurants or cafes; Rural supplies; Seniors housing; Shop top housing; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Water reticulation systems; Any other development not specified in item 2 or 4

4Prohibited

Advertising structures; Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Bed and breakfast accommodation; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Heavy industrial storage premises; Helipads; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential accommodation; Restricted premises; Rural industries; Sewerage systems; Sex services premises; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities

Zone B7Business Park1Objectives of zone
  • To provide a range of office and light industrial uses.

  • To encourage employment opportunities.

  • To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.

  • To facilitate the establishment of innovative high technology uses within close proximity to established transport networks.

2Permitted without consent

Environmental protection works; Home-based child care; Roads

3Permitted with consent

Business premises; Centre-based child care facilities; Garden centres; Hardware and building supplies; Light industries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Respite day care centres; Restaurants or cafes; Rural supplies; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Waste or resource transfer stations; Warehouse or distribution centres; Water reticulation systems; Any other development not specified in item 2 or 4

4Prohibited

Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Eco-tourist facilities; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Function centres; Heavy industrial storage establishments; Helipads; Home occupations (sex services); Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Restricted premises; Rural industries; Sewerage systems; Sex services premises; Tourist and visitor accommodation; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities

Zone IN2Light Industrial1Objectives of zone
  • To provide a wide range of light industrial, warehouse and related land uses.

  • To encourage employment opportunities and to support the viability of centres.

  • To minimise any adverse effect of industry on other land uses.

  • To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.

  • To support and protect industrial land for industrial uses.

  • To recognise the Depot Road and McKenzie Street industrial area as providing start up and transport related development opportunities.

2Permitted without consent

Environmental protection works; Roads

3Permitted with consent

Agricultural produce industries; Depots; Funeral homes; Garden centres; Hardware and building supplies; Health consulting rooms; Industrial training facilities; Landscaping material supplies; Light industries; Liquid fuel depots; Medical centres; Neighbourhood shops; Oyster aquaculture; Places of public worship; Plant nurseries; Rural supplies; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Waste or resource transfer stations; Water reticulation systems; Any other development not specified in item 2 or 4

4Prohibited

Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Correctional centres; Eco-tourist facilities; Entertainment facilities; Exhibition homes; Exhibition villages; Farm buildings; Flood mitigation works; Forestry; Function centres; Health services facilities; Heavy industrial storage premises; Helipads; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industries; Jetties; Marinas; Mooring pens; Moorings; Pond-based aquaculture Public administration buildings; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Respite day care centres; Restricted premises; Rural industries; Sewerage systems; Sex services premises; Tourist and visitor accommodation; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities

Zone IN3Heavy Industrial1Objectives of zone
  • To provide suitable areas for those industries that need to be separated from other land uses.

  • To encourage employment opportunities.

  • To minimise any adverse effect of heavy industry on other land uses.

  • To support and protect industrial land for industrial uses.

2Permitted without consent

Environmental protection works; Roads

3Permitted with consent

Depots; Freight transport facilities; Funeral homes; General industries; Hazardous storage establishments; Health consulting rooms; Heavy industries; Landscaping material supplies; Medical centres; Neighbourhood shops; Offensive storage establishments; Oyster aquaculture; Rural supplies; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Water reticulation systems; Water treatment facilities; Any other development not specified in item 2 or 4

4Prohibited

Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Community facilities; Eco-tourist facilities; Entertainment facilities; Exhibition homes; Exhibition villages; Farm buildings; Flood mitigation works; Forestry; Function centres; Health services facilities; Helipads; Home-based child care; Home businesses; Home industries; Home occupations; Home occupations (sex services); Jetties; Marinas; Mooring pens; Moorings; Passenger transport facilities; Pond-based aquaculture Public administration buildings; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Respite day care centres; Tourist and visitor accommodation; Water recreation structures; Water supply systems; Wharf or boating facilities

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

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

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 recognise the importance of the Taronga Western Plains Zoo as a key tourist facility with the area of the City of Dubbo.

  • To facilitate tourist-oriented development along major transport corridors and at key nodes throughout the City of Dubbo.

  • To ensure that further tourism related development in the Cobra Street and Whylandra Street precincts will not interfere with established uses on adjoining residentially zoned land.

  • To ensure that development in the Camp Road precinct will not interfere with the continued operation of the Taronga Western Plains Zoo.

2Permitted without consent

Environmental protection works; Extensive agriculture; Roads

3Permitted with consent

Aquaculture; Cellar door premises; Food and drink premises; Health consulting rooms; Markets; Medical centres; Roadside stalls; Shop top housing; Tourist and visitor accommodation; Viticulture; Waste or resource transfer stations; Water reticulation systems; Any other development not specified in item 2 or 4

4Prohibited

Advertising structures; Agriculture; Air transport facilities; Bed and breakfast accommodation; Boat building and repair facilities; Car parks; Cemeteries; Commercial premises; Correctional centres; Crematoria; Depots; Educational establishments; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Flood mitigation works; Forestry; Freight transport facilities; Health services facilities; Heavy industrial storage premises; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Marinas; Mortuaries; Open cut mining; Public administration buildings; Residential accommodation; Restricted premises; Rural industries; Sewerage systems; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste or resource management facilities; Water supply systems; Wholesale supplies

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.

  • To provide for facilities and amenities to enhance the use of public open space.

2Permitted without consent

Environmental protection works; Roads

3Permitted with consent

Aquaculture; Boat launching ramps; Boat sheds; Camping grounds; Cemeteries; Charter and tourism boating facilities; Community facilities; Eco-tourist facilities; Environmental facilities; Jetties; Kiosks; Mooring pens; Moorings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Restaurants or cafes; Signage; Water recreation structures; Water reticulation systems; Wharf or boating facilities

4Prohibited

Advertising structures; 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

Environmental protection works; Roads

3Permitted with consent

Amusement centres; Aquaculture; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Community facilities; Crematoria; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Food and drink premises; Function centres; Information and education facilities; Jetties; Kiosks; Mooring pens; Moorings; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Signage; Tourist and visitor accommodation; Veterinary hospitals; Water recreation structures; Water reticulation systems; Wharf or boating facilities

4Prohibited

Advertising structures; Bed and breakfast accommodation; Farm stay accommodation; Pubs; Any other 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 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 ensure development is compatible with the flood hazard of the Macquarie and Talbragar Rivers.

  • To ensure development does not create outbreaks of saline lands or exacerbate the existence of existing saline lands.

2Permitted without consent

Environmental protection works; Extensive agriculture; Home-based child care; Home occupations; Roads

3Permitted with consent

Boat launching ramps; Boat sheds; Camping grounds; Charter and tourism boating facilities; Dwelling houses; Environmental facilities; Farm buildings; Group homes; Home businesses; Home industries; Jetties; Mooring pens; Moorings; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Signage; Tank-based aquaculture; Turf farming; Water recreation structures; Water reticulation systems; Wharf or boating facilities

4Prohibited

Advertising structures; Industries; 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 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

Environmental protection works; Roads

3Permitted with consent

Aquaculture; Boat launching ramps; Boat sheds; Car parks; Charter and tourism boating facilities; Environmental facilities; Jetties; Kiosks; Marinas; Mooring pens; Moorings; Recreation areas; Research stations; Signage; Water recreation structures; Water reticulation systems; Water storage facilities; Wharf or boating facilities

4Prohibited

Advertising structures; Industries; Multi dwelling housing; Residential flat buildings; Seniors housing; Warehouse or distribution centres; Any other development not specified in item 2 or 3

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 protect and enhance the production capacity of rural lands, by maintaining farm sizes and the status of productive lands,

  • (b)

    to ensure residential allotments are of a suitable shape and size to provide a building envelope, private open space and suitable building setbacks for acoustic and visual privacy,

  • (c)

    to ensure industrial allotments are of a suitable size and shape to allow for separation from adjoining uses and to ensure appropriately sized vehicles can traverse to and from the land,

  • (d)

    to ensure commercial allotments are of a suitable size and shape to provide for a range of commercial development without providing for the fragmentation of ownership into smaller lots,

  • (e)

    to maximise the economic potential of, and provide for more intensive, small lot agricultural uses in areas able to access commercial quantities of irrigation water.

(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 subdivision 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 RU4 Primary Production Small Lots,

  • (c1)

    Zone RU5 Village,

  • (c2)

    Zone R1 General Residential,

  • (c3)

    Zone R2 Low Density Residential,

  • (c4)

    Zone R5 Large Lot Residential,

  • (d)

    Zone E3 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 2018 (604), Sch 1 [4].

4.1AMinimum subdivision lot size for Zone RU5, Zone R1 and Zone R2

Despite clause 4.1, the size of any lot resulting from a subdivision of land in Zone RU5 Village, Zone R1 General Residential or Zone R2 Low Density Residential, may be less than the minimum lot size shown on the Lot Size Map in relation to that land, if—

  • (a)

    the land is connected to a sewerage reticulation system, and

  • (b)

    development consent has been granted in respect of the subdivision for the purpose of multi-dwelling housing or a dual occupancy.

cl 4.1A: Am 2018 (604), Sch 1 [5] [6].

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.

(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).

4.2ALot size exceptions for certain rural zones

Land in a Zone to which clause 4.2 applies may, with development consent, be subdivided to create a lot size 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 use of the land after the subdivision will be the same as permitted under an existing development consent for the land (other than for the purpose of a dwelling house, rural worker’s dwelling, secondary dwelling or tourist and visitor accommodation).

4.2BMinimum subdivision lot size for strata subdivisions of residential or tourist and visitor accommodation in certain 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 RU4 Primary Production Small Lots,

  • (d)

    Zone E3 Environmental Management.

(3)

Development consent must not be granted for the subdivision of a lot to which this clause applies for a strata plan that would create lots below the minimum size shown on the Lot Size Map for that lot.

4.2CErection of dwelling houses on land in certain rural and environmental protection 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 in rural and environmental protection zones.

(2)

This clause applies to land in the following zones—

  • (a)

    Zone RU1 Primary Production,

  • (b)

    Zone RU2 Rural Landscape,

  • (c)

    Zone RU4 Primary Production Small Lots,

  • (d)

    Zone E3 Environmental Management.

(3)

Development consent must not be granted for the erection of a dwelling house on land in a zone to which this clause applies, and on which no dwelling house 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 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 would have been permissible if the plan of subdivision had been registered before that commencement.

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)

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

  • (a)

    there is a lawfully erected dwelling house on the land and the dwelling house to be erected is intended only to replace the existing dwelling house, or

  • (b)

    the land would have been a lot 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.

4.3Height of buildings

[Not adopted]

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 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.

(4)

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.

(5)

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.

(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)

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).

(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 6.2 or 6.3.

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 C1 National Parks and Nature Reserves and marked “National Park”

Minister administering the National Parks and Wildlife Act 1974

Zone R1 General Residential

Transport for NSW

Zone E3 Environmental Management

Transport for NSW

(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.

cl 5.1: Am 2020 No 30, Sch 4.13.

5.1ADevelopment on land intended to be acquired for public purposes(1)

The objective of this clause is to limit development on certain land intended to be acquired for a public purpose.

(2)

This clause applies to land shown on the Land Reservation Acquisition Map and specified in Column 1 of the table to this clause and that has not been acquired by the relevant authority of the State specified for the land in clause 5.1.

(3)

Development consent must not be granted to any development on land to which this clause applies other than development for a purpose specified opposite that land in Column 2 of that table.

Column 1

Column 2

Land

Development

Zone R1 General Residential

Carparks

Zone E3 Environmental Management

Carparks

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—

  • (a)

    20 metres from a boundary shared between any land and land within Zone B1 Neighbourhood Centre, Zone B2 Local Centre, Zone B3 Commercial Core, Zone B4 Mixed Use, Zone B5 Business Development, Zone B6 Enterprise Corridor and Zone B7 Business Park, or

  • (b)

    10 metres from any other boundary.

(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

  • (ab)

    Zone SP3 Tourist, 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 5 bedrooms.

Note—

Seniors housing is a type of residential accommodation—see the definition of that term in this Dictionary.

service station means a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following—

  • (a)

    the ancillary sale by retail of spare parts and accessories for motor vehicles,

  • (b)

    the cleaning of motor vehicles,

  • (c)

    installation of accessories,

  • (d)

    inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),

  • (e)

    the ancillary retail selling or hiring of general merchandise or services or both.

serviced apartment means a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.

Note—

Serviced apartments are a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.

sewage reticulation system means a building or place used for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated waste for use or disposal, including associated—

  • (a)

    pipelines and tunnels, and

  • (b)

    pumping stations, and

  • (c)

    dosing facilities, and

  • (d)

    odour control works, and

  • (e)

    sewage overflow structures, and

  • (f)

    vent stacks.

Note—

Sewage reticulation systems are a type of sewerage system—see the definition of that term in this Dictionary.

sewage treatment plant means a building or place used for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply.

Note—

Sewage treatment plants are a type of sewerage system—see the definition of that term in this Dictionary.

sewerage system means any of the following—

  • (a)

    biosolids treatment facility,

  • (b)

    sewage reticulation system,

  • (c)

    sewage treatment plant,

  • (d)

    water recycling facility,

  • (e)

    a building or place that is a combination of any of the things referred to in paragraphs (a)–(d).

sex services means sexual acts or sexual services in exchange for payment.

sex services premises means a brothel, but does not include home occupation (sex services).

shop means premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop and neighbourhood supermarket, but does not include food and drink premises or restricted premises.

Note—

Shops are a type of retail premises—see the definition of that term in this Dictionary.

shop top housing means one or more dwellings located above the ground floor of a building, where at least the ground floor is used for commercial premises or health services facilities.

Note—

Shop top housing is a type of residential accommodation—see the definition of that term in this Dictionary.

signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes any of the following—

  • (a)

    an advertising structure,

  • (b)

    a building identification sign,

  • (c)

    a business identification sign,

but does not include a traffic sign or traffic control facilities.

site area means the area of any land on which development is or is to be carried out. The land may include the whole or part of one lot, or more than one lot if they are contiguous to each other, but does not include the area of any land on which development is not permitted to be carried out under this Plan.

Note—

The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.

site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage—

  • (a)

    any basement,

  • (b)

    any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,

  • (c)

    any eaves,

  • (d)

    unenclosed balconies, decks, pergolas and the like.

small bar means a small bar within the meaning of the Liquor Act 2007.

Note—

Small bars are a type of food and drink premises—see the definition of that term in this Dictionary.

spa pool has the same meaning as in the Swimming Pools Act 1992.

Note—

The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.

specialised retail premises means a building or place the principal purpose of which is the sale, hire or display of goods that are of a size, weight or quantity, that requires—

  • (a)

    a large area for handling, display or storage, or

  • (b)

    direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,

but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale, hire or display of other goods referred to in this definition.

Note—

Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies.

Specialised retail premises are a type of retail premises—see the definition of that term in this Dictionary.

stock and sale yard means a building or place that is used on a commercial basis for the purpose of offering livestock or poultry for sale and that may be used for the short-term storage and watering of stock.

Note—

Stock and sale yards are a type of rural industry—see the definition of that term in this Dictionary.

storage premises means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and where the storage is not ancillary to any industry, business premises or retail premises on the same parcel of land, and includes self-storage units, but does not include a heavy industrial storage establishment or a warehouse or distribution centre.

storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include—

  • (a)

    a space that contains only a lift shaft, stairway or meter room, or

  • (b)

    a mezzanine, or

  • (c)

    an attic.

swimming pool has the same meaning as in the Swimming Pools Act 1992.

Note—

The term is defined as follows—

swimming pool means an excavation, structure or vessel—

  • (a)

    that is capable of being filled with water to a depth of 300 millimetres or more, and

  • (b)

    that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,

and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.

take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises.

Note—

Take away food and drink premises are a type of food and drink premises—see the definition of that term in this Dictionary.

tank-based aquaculture means aquaculture undertaken exclusively in tanks, but not including natural water-based aquaculture.

Note—

Tank-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical tank-based aquaculture is the tank culture of barramundi or abalone.

telecommunications facility means—

  • (a)

    any part of the infrastructure of a telecommunications network, or

  • (b)

    any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or

  • (c)

    any other thing used in or in connection with a telecommunications network.

telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both.

temporary structure has the same meaning as in the Act.

Note—

The term is defined as follows—

temporary structure includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure.

the Act means the Environmental Planning and Assessment Act 1979.

timber yard means a building or place the principal purpose of which is the sale of sawn, dressed or treated timber, wood fibre boards or similar timber products. It may include the cutting of such timber, boards or products to order and the sale of hardware, paint, tools and materials used in conjunction with the use and treatment of timber.

Note—

Timber yards are a type of retail premises—see the definition of that term in this Dictionary.

tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following—

  • (a)

    backpackers’ accommodation,

  • (b)

    bed and breakfast accommodation,

  • (c)

    farm stay accommodation,

  • (d)

    hotel or motel accommodation,

  • (e)

    serviced apartments,

but does not include—

  • (f)

    camping grounds, or

  • (g)

    caravan parks, or

  • (h)

    eco-tourist facilities.

transport depot means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a business, industry, shop or passenger or freight transport undertaking.

truck depot means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like.

turf farming means the commercial cultivation of turf for sale and the removal of turf for that purpose.

Note—

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

underground mining means—

  • (a)

    mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and

  • (b)

    shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),

but does not include open cut mining.

urban release area means the area of land identified as “Urban Release Area” on the Urban Release Area Map.

Urban Release Area Map means the Dubbo Local Environmental Plan 2011 Urban Release Area Map.

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, and includes 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 2012 (612), Sch 1 [4]; 2015 (269), Sch 1 [36]; 2016 (439), cl 4 (2); 2020 (446), Sch 1[3].

Historical notesTable of amending instruments

Dubbo Local Environmental Plan 2011 (580). LW 11.11.2011. Date of commencement, on publication on LW, cl 1.1AA. This Plan has been amended as follows—

2012

(506)

Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2012. LW 5.10.2012.

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.

(612)

Dubbo Local Environmental Plan 2011 (Amendment No 1). LW 7.12.2012.

Date of commencement, on publication on LW, cl 2.

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.

(437)

Dubbo Local Environmental Plan 2011 (Amendment No 2). LW 16.8.2013.

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.

2014

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.

(437)

Dubbo Local Environmental Plan 2011 (Amendment No 3). LW 11.7.2014.

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.

2015

(269)

Dubbo Local Environmental Plan 2011 (Amendment No 4). LW 29.5.2015.

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).

(433)

Dubbo Local Environmental Plan 2011 (Amendment No 5). LW 31.7.2015.

Date of commencement, on publication on LW, cl 2.

(434)

Dubbo Local Environmental Plan 2011 (Amendment No 6). LW 31.7.2015.

Date of commencement, on publication on LW, cl 2.

(435)

Dubbo Local Environmental Plan 2011 (Amendment No 7). LW 31.7.2015.

Date of commencement, on publication on LW, cl 2.

(741)

Dubbo Local Environmental Plan 2011 (Amendment No 8). LW 4.12.2015.

Date of commencement, on publication on LW, cl 2.

2016

(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.

(431)

Dubbo Local Environmental Plan 2011 (Amendment No 9). LW 8.7.2016.

Date of commencement, on publication on LW, cl 2.

(439)

Dubbo Local Environmental Plan 2011 (Amendment No 10). LW 15.7.2016.

Date of commencement, on publication on LW, cl 2.

2017

(132)

Dubbo Local Environmental Plan 2011 (Amendment No 11). LW 7.4.2017.

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

(105)

Standard Instrument (Local Environmental Plans) Amendment (Coastal Management) Order 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.

(268)

Dubbo Local Environmental Plan 2011 (Amendment No 12). LW 15.6.2018.

Date of commencement, on publication on LW, cl 2.

No 40

Forestry Legislation Amendment Act 2018. Assented to 27.6.2018.

Date of commencement of Sch 3.12, 9.11.2018, sec 2 and 2018 (620) LW 9.11.2018.

(404)

Standard Instrument (Local Environmental Plans) Amendment (Artisan Food and Drink Industries) Order 2018. LW 27.7.2018.

Date of commencement, on publication on LW, cl 2.

(405)

Standard Instrument (Local Environmental Plans) Amendment (Garden Centres) Order 2018. LW 27.7.2018.

Date of commencement, on publication on LW, cl 2.

(406)

State Environmental Planning Policy Amendment (Artisan Food and Drink Industries) 2018. LW 27.7.2018.

Date of commencement, on publication on LW, cl 2.

(477)

Standard Instrument (Local Environmental Plans) Amendment (Land Use Terms) Order 2018. LW 29.8.2018.

Date of commencement, 31.8.2018, cl 2.

(488)

State Environmental Planning Policy Amendment (Land Use Terms) 2018. LW 29.8.2018.

Date of commencement of Sch 1.1, 31.8.2018, cl 2 (1).

No 46

Children (Education and Care Services) Supplementary Provisions Amendment Act 2018. Assented to 27.9.2018.

Date of commencement of Sch 2.3, 31.10.2019, sec 2(1) and 2019 (200) LW 24.5.2019.

(604)

Dubbo Local Environmental Plan 2011 (Amendment No 13). LW 26.10.2018.

Date of commencement, on publication on LW, cl 2.

(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

(34)

Dubbo Local Environmental Plan 2011 (Amendment No 14). LW 25.1.2019.

Date of commencement, on publication on LW, cl 2.

(35)

Dubbo Local Environmental Plan 2011 (Amendment No 15). LW 25.1.2019.

Date of commencement, on publication on LW, cl 2.

(133)

Standard Instrument (Local Environmental Plans) Amendment (Primary Production and Rural Development) Order 2019. LW 28.2.2019.

Date of commencement, on publication on LW, cl 2.

(137)

State Environmental Planning Policy (Primary Production and Rural Development) 2019. LW 28.2.2019.

Date of commencement, on publication on LW, cl 2.

(236)

Dubbo Local Environmental Plan 2011 (Amendment No 16). LW 7.6.2019.

Date of commencement, on publication on LW, cl 2.

(576)

Dubbo Local Environmental Plan 2011 (Amendment No 17). LW 29.11.2019.

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

(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.

(430)

Dubbo Local Environmental Plan 2011 (Amendment No 18). LW 24.7.2020.

Date of commencement, on publication on LW, cl 2.

(446)

Dubbo Local Environmental Plan 2011 (Amendment No 19). LW 31.7.2020.

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.

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.

2021

(13)

Dubbo Local Environmental Plan 2011 (Amendment No 20). LW 29.1.2021.

Date of commencement, on publication on LW, cl 2.

(29)

Dubbo Local Environmental Plan 2011 (Amendment No 21). LW 5.2.2021.

Date of commencement, on publication on LW, cl 2.

No 6

Community Land Development Act 2021. Assented to 26.3.2021.

Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021.

(182)

Dubbo Local Environmental Plan 2011 (Amendment No 22). LW 16.4.2021.

Date of commencement, on publication on LW, cl 2.

(183)

Dubbo Local Environmental Plan 2011 (Amendment No 23). LW 16.4.2021.

Date of commencement, on publication on LW, cl 2.

(225)

State Environmental Planning Policy Amendment (Flood Planning) 2021. LW 14.5.2021.

Date of commencement, 14.7.2021, cl 2.

(226)

Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021. LW 14.5.2021.

Date of commencement, 14.7.2021, cl 2.

(301)

Standard Instrument (Local Environmental Plans) Amendment (Natural Disasters) Order 2021. LW 18.6.2021.

Date of commencement, 23.6.2021, cl 2.

(374)

Dubbo Local Environmental Plan 2011 (Amendment No 24). LW 9.7.2021.

Date of commencement, on publication on LW, cl 2.

(565)

Dubbo Local Environmental Plan 2011 (Amendment No 25). LW 24.9.2021.

Date of commencement, on publication on LW, cl 2.

(607)

Dubbo Local Environmental Plan 2011 (Amendment No 26). LW 15.10.2021.

Date of commencement, on publication on LW, cl 2.

(650)

Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. LW 5.11.2021.

Date of commencement of Sch 1[1]–[15], [17], [19], [23]–[48] and [50]–[53], 1.12.2021, cl 2(1); date of commencement of Sch 1[16], [18], [20]–[22], [49], [54] and [55] and Sch 3: not in force. 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.

(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.

2022

(71)

Standard Instrument (Local Environmental Plans) Amendment (SEPPs) Order 2022. LW 4.3.2022.

Date of commencement, 9.3.2022, 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 2019 (621), Sch 5[1].

Cl 1.9A

Am 2019 (621), Sch 5[2]–[4].

Land Use Table

Am 2015 (269), Sch 1 [1]–[6]; 2015 (741), Sch 1 [1]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2018 (604), Sch 1 [1]–[3]; 2019 (137), Sch 6 [1].

Cl 4.1AA

Am 2018 (604), Sch 1 [4].

Cl 4.1A

Am 2018 (604), Sch 1 [5] [6].

Cl 5.1

Am 2020 No 30, Sch 4.13.

Cl 5.5

Subst 2021 (714), Sch 11.11.

Cl 5.4

Am 2015 (269), Sch 1 [7]; 2016 (439), cl 4 (1); 2018 (406), Sch 1.44 [1] [2]; 2018 (604), Sch 1 [7].

Cl 5.14

Ins 2016 (310), Sch 3.2.

Cl 6.1

Am 2019 (621), Sch 5[5].

Cl 7.1

Rep 2021 (225), Sch 1.

Cl 7.9

Am 2017 (493), Sch 1.2 [1].

Cl 7.12A

Ins 2018 (268), Sch 1 [1]. Am 2021 (183), cl 4(1).

Cl 7.12B

Ins 2019 (576), cl 4.

Cl 7.12C

Ins 2020 (446), Sch 1[1].

Cl 7.13

Am 2015 (269), Sch 1 [8] [9].

Cl 7.14

Ins 2018 (604), Sch 1 [8].

Cll 7.15, 7.16

Ins 2020 (430), Sch 1.

Sch 1

Am 2014 (437), cl 4; 2015 (269), Sch 1 [10]; 2015 (741), Sch 1 [2]; 2016 (431), cl 5; 2018 (268), Sch 1 [2]; 2019 (236), cl 5; 2020 (446), Sch 1[2]; 2021 (183), cl 4(2); 2021 (374), cl 5; 2021 (565), cl 5; 2021 (607), cl 5.

Sch 4

Am 2012 (612), Sch 1 [1]–[3]; 2015 (269), Sch 1 [11].

Sch 5

Am 2015 (269), Sch 1 [12]–[35]; 2015 (433), cl 5; 2018 (604), Sch 1 [9] [10].

Dictionary

Am 2012 (612), Sch 1 [4]; 2015 (269), Sch 1 [36]; 2016 (439), cl 4 (2); 2020 (446), Sch 1[3].

Maps

Am 2012 (612), cl 4; 2013 (437), cl 4; 2015 (269), cl 4; 2015 (433), cl 4; 2015 (434), cl 4; 2015 (435), cl 4; 2015 (741), cl 4; 2016 (431), cl 4; 2017 (132), cl 4; 2018 (268), cl 4; 2018 (604), cl 4; 2019 (34), cl 4; 2019 (35), cl 4; 2019 (236), cl 4; 2020 (430), cl 4; 2020 (446), cl 4; 2021 (13), cl 4; 2021 (29), cl 4; 2021 (182), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.

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