Dubbo Regional Local Environmental Plan 2022 (NSW)
This Plan is Dubbo Regional Local Environmental Plan 2022.
This Plan commences on the day on which it is published on the NSW legislation website.
This Plan aims to make local environmental planning provisions for land in the Dubbo Regional local government area in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to maintain the Dubbo Central Business District as the primary commercial centre for the Dubbo Regional local government area,
(b) to encourage residential development in West Dubbo,
(c) to encourage development that complements and enhances the unique character and amenity of the Dubbo Regional local government area,
(d) to provide high quality open spaces to meet the recreational needs of residents and visitors to the Dubbo Regional local government area,
(e) to conserve and protect the environmental and cultural heritage of the Dubbo Regional local government area,
(f) to make adequate provision for the development and improvement of cultural, educational, research and medical institutions,
(g) to ensure land zoned for industrial purposes is protected from development that is inconsistent with the objectives for development in the zone,
(h) to protect and conserve agricultural land, in recognition of the contribution of agriculture to regional economies,
(i) to restrict development in environmentally sensitive areas to minimise the risk of urban and natural hazards, including development on the floodplains of the Macquarie, Bell and Talbragar rivers and development on land at risk of salinity,
(j) to manage urban stormwater to prevent damage to downstream development,
(k) to implement ecologically sustainable development to conserve environmental resources for the benefit of current and future generations,
(l) to promote the integration of development and transport nodes to improve access to public transport and reduce dependence on private vehicles,
(m) to encourage diversity in housing to meet the changing needs of the population,
(n) to improve resilience to the effects of climate change.
This Plan applies to the land identified on the Land Application Map.
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
Notes in this Plan are provided for guidance and do not form part of this Plan.
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(Repealed)
Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
The following local environmental plans are repealed under this provision—
• Dubbo Local Environmental Plan 2011
• Wellington Local Environmental Plan 2012
All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
However, under the Act, Division 3.5, 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.
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.
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, an agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to a biodiversity certification conferred under the Biodiversity Conservation Act 2016, Part 8, or
(c) to a private land conservation agreement within the meaning of the Biodiversity Conservation Act 2016, or
(d) to a relevant instrument within the meaning of the Crown Land Management Act 2016, section 13.4, or
(e) to the relevant provisions of a land management (native vegetation) code, and the necessary mandatory code compliant certificate, with respect to a set aside area under the Local Land Services Act 2013, Part 5A, or
(f) to a conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(g) to a property vegetation plan within the meaning of the Native Vegetation Act 2003 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or
(h) to a Trust agreement within the meaning of the Nature Conservation Trust Act 2001 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or
(i) to a planning agreement within the meaning of the Act, Division 7.1.
This clause does not affect the rights or interests of a public authority under a registered instrument.
Under the Act, section 3.16, the Governor, before the making of this clause, approved of subclauses (1)–(3).
The land use zones under this Plan are as follows—
• Rural Zones RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
RU4 Primary Production Small Lots
RU5 Village
• Residential Zones R1 General Residential
R2 Low Density Residential
R5 Large Lot Residential
• Employment Zones E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
E5 Heavy Industrial
• Mixed Use Zones MU1 Mixed Use
• Special Purpose Zones SP2 Infrastructure
SP3 Tourist
• Recreation Zones RE1 Public Recreation
RE2 Private Recreation
• Conservation Zones C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
• Waterway Zones W1 Natural Waterways
W2 Recreational Waterways
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
This clause is subject to the other provisions of this Plan.
Schedule 1 sets out additional permitted uses for particular land.
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
Clause 2.6 requires consent for subdivision of land.
Part 5 contains other provisions which require consent for particular development.
Development may be carried out on unzoned land only with development consent.
In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
Land to which this Plan applies may be subdivided, but only with development consent.
If a subdivision is specified as
Part 6 of State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is
Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
The definition of
The demolition of a building or work may be carried out only with development consent.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 182 days (whether or not consecutive days) in any period of 12 months.
Development consent must not be granted unless the consent authority is satisfied that—
(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Canal estate development is prohibited on land to which this Plan applies.
In this Plan,
(a) a constructed canal, or other waterway or waterbody, that—
(i) is inundated by surface water or groundwater movement, or
(ii) drains to a waterway or waterbody by surface water or groundwater movement, and
(b) the erection of a dwelling, and
(c) one or both of the following—
(i) the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,
(ii) excavation to create a waterway.
Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—
(a) carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and
(b) limited to the minimum reasonable size and capacity.
In this clause—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
• State Environmental Planning Policy (Housing) 2021
• State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
• State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
• State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
• State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
• State Environmental Planning Policy (Primary Production) 2021, Chapter 2
• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
• To encourage diversity in primary industry enterprises and systems appropriate for the area.
• To minimise the fragmentation and alienation of resource lands.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To encourage a range of development for the purposes of tourism that supports the agricultural industry.
Environmental protection works; Extensive agriculture; Home-based child care; Home occupations; Roads
Agricultural produce industries; Agritourism; 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; Community 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
Advertising structures; Hotel or motel accommodation; Serviced apartments; Any other development not specified in item 2 or 3
• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
• To maintain the rural landscape character of the land.
• To provide for a range of compatible land uses, including extensive agriculture.
Environmental protection works; Extensive agriculture; Home-based child care; Home occupations; Roads
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
Advertising structures; Hotel or motel accommodation; Intensive livestock agriculture; Serviced apartments; Any other development not specified in item 2 or 3
• To enable development for forestry purposes.
• To enable other development that is compatible with forestry land uses.
Uses authorised under the Forestry Act 2012 or under Part 5B (Private native forestry) of the Local Land Services Act 2013
Aquaculture; Roads
Any development not specified in item 2 or 3
• 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 ensure land with high potential for agricultural activity 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.
• To encourage intensive plant agriculture that is consistent with sustainable natural resource management principles.
Environmental protection works; Extensive agriculture; Home-based child care; Home occupations; Roads
Agricultural produce industries; Agritourism; 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; 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
Advertising structures; Hotel or motel accommodation; Serviced apartments; Any other development not specified in item 2 or 3
• To provide for a range of land uses, services and facilities that are associated with a rural village.
• To encourage and provide opportunities for population growth and local employment in rural villages.
• To ensure development maintains and contributes to the character of rural villages.
• To permit low scale service activities to meet the recreational, cultural and commercial needs of the community.
Environmental protection works; Home-based child care; Home occupations; Roads
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
Advertising structures; Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Car parks; Cellar door premises; 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
• 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.
Environmental protection works; Home-based child care; Home occupations; Roads
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
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; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; 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
• 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.
Environmental protection works; Home-based child care; Home occupations; Roads
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
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
• To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.
• To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.
• To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
Environmental protection works; Extensive agriculture; Home-based child care; Home occupations; Roads
Agricultural produce industries; Dairies (pasture-based); Dual occupancies (detached); 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
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; Eco-tourist facilities; Entertainment facilities; Extractive industries; Farm stay accommodation; Flood mitigation works; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Hostels; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Industries; Local distribution premises; 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
• To provide a range of retail, business and community uses that serve the needs of people who live in, work in or visit the area.
• To encourage investment in local commercial development that generates employment opportunities and economic growth.
• To enable residential development that contributes to a vibrant and active local centre and is consistent with the Council’s strategic planning for residential development in the area.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
• To encourage development that is consistent with the commercial centres hierarchy of Dubbo.
• To ensure Orana Mall continues to be a retail centre.
• To limit the use of Orana Mall for office premises.
Environmental protection works; Home-based child care; Roads
Amusement centres; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Home industries; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation facilities (indoor); Respite day care centres; Service stations; Shop top housing; Tank-based aquaculture; Veterinary hospitals; Waste or resource transfer stations; Water reticulation systems; Any other development not specified in item 2 or 4
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; 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
• To strengthen the role of the commercial centre as the centre of business, retail, community and cultural activity.
• To encourage investment in commercial development that generates employment opportunities and economic growth.
• To encourage development that has a high level of accessibility and amenity, particularly for pedestrians.
• To enable residential development only if it is consistent with the Council’s strategic planning for residential development in the area.
• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
• To ensure Dubbo central business district continues to be the commercial and retail centre of the region.
• To encourage commercial development along the Dubbo river corridor.
• To encourage the activation of the Wellington Town Centre, including by the adaptive re-use of heritage buildings and promoting tourism.
Environmental protection works; Home-based child care; Roads
Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Home industries; Hostels; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Mortuaries; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Vehicle repair stations; Veterinary hospitals; Waste or resource transfer stations; Water reticulation systems; Any other development not specified in item 2 or 4
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; Open cut mining; Recreation facilities (major); 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
• To provide a range of facilities and services, light industries, warehouses and offices.
• To provide for land uses that are compatible with, but do not compete with, land uses in surrounding local and commercial centres.
• To maintain the economic viability of local and commercial centres by limiting certain retail and commercial activity.
• To provide for land uses that meet the needs of the community, businesses and industries but that are not suited to locations in other employment zones.
• To provide opportunities for new and emerging light industries.
• To enable other land uses that provide facilities and services to meet the day to day needs of workers, to sell goods of a large size, weight or quantity or to sell goods manufactured on-site.
• To provide for residential uses, but only as part of mixed use development.
• To facilitate a mix of business and retail development along major roads in locations that are close to, and support the viability of, centres.
• To encourage high technology uses in close proximity to transport networks.
Environmental protection works; Home-based child care; Roads
Animal boarding or training establishments; Boat building and repair facilities; Business premises; Centre-based child care facilities; Community facilities; Depots; Function centres; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Landscaping material supplies; Light industries; Local distribution premises; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Restaurants or cafes; Rural supplies; Service stations; Shop top housing; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Waste or resource transfer stations; Water reticulation systems; Wholesale supplies; Any other development not specified in item 2 or 4
Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; 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; Electricity generating works; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Heavy industrial storage establishments; Helipads; Home occupations (sex services); Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; 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
• To provide a range of industrial, warehouse, logistics and related land uses.
• To ensure the efficient and viable use of land for industrial uses.
• To minimise any adverse effect of industry on other land uses.
• To encourage employment opportunities.
• To enable limited non-industrial land uses that provide facilities and services to meet the needs of businesses and workers.
• To support light industrial uses on Depot Road and McKenzie Street, Dubbo.
Environmental protection works; Roads
Depots; Freight transport facilities; Funeral homes; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Health consulting rooms; Industrial retail outlets; Industrial training facilities; Landscaping material supplies; Light industries; Liquid fuel depots; Local distribution premises; Medical centres; Neighbourhood shops; Oyster aquaculture; Plant nurseries; Rural supplies; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Water reticulation systems; Water storage facilities; Water treatment facilities; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Community facilities; Correctional centres; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Function centres; Health services facilities; Heavy industrial storage establishments; Home businesses; Home occupations (sex services); Information and education facilities; Jetties; Marinas; Mooring pens; Moorings; Passenger transport facilities; Public administration buildings; Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Service stations; Sex services premises; Stock and sale yards; Tourist and visitor accommodation; Water recreation structures; Wharf or boating facilities
• To provide areas for industries that need to be separated from other land uses.
• To ensure the efficient and viable use of land for industrial uses.
• To minimise any adverse effect of industry on other land uses.
• To encourage employment opportunities.
Environmental protection works; Roads
Data centres; Depots; Freight transport facilities; Funeral homes; General industries; Hazardous storage establishments; Health consulting rooms; Heavy industries; Industrial training facilities; 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
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; Local distribution premises; Marinas; Mooring pens; Moorings; Passenger transport facilities; 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
• To encourage a diversity of business, retail, office and light industrial land uses that generate employment opportunities.
• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
• To preserve the streetscape and character of land adjoining existing centres by encouraging the adaptive reuse of existing buildings for small scale business, office or retail premises.
Environmental protection works; Home-based child care; Roads
Amusement centres; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Information and education facilities; Light industries; Local distribution premises; Medical centres; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Waste or resource transfer stations; Water reticulation systems; Any other development not specified in item 2 or 4
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; Flood mitigation works; Forestry; Freight transport facilities; Heavy industrial storage establishments; 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; 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; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
• To provide for infrastructure and related uses.
• To prevent development that is not compatible with or that may detract from the provision of infrastructure.
Roads
Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
Any development not specified in item 2 or 3
• To provide for a variety of tourist-oriented development and related uses.
• To provide for a range of development to encourage tourism along major transport corridors.
• To facilitate tourist-orientated development along major transport corridors.
• To enhance the environmental qualities that attract tourists to the area.
• To recognise the importance of Taronga Western Plains Zoo as a key tourist facility.
• To ensure development in the Camp Road precinct will not interfere with the continued operation of Taronga Western Plains Zoo.
• To strengthen the viability of existing centres through increased economic activity and employment.
• To ensure further development in the Cobra Street and Whylandra Street precincts will not interfere with established uses on land zoned for residential uses.
Environmental protection works; Extensive agriculture; Roads
Aquaculture; Bed and breakfast accommodation; 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
Advertising structures; Agriculture; Air transport facilities; 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 establishments; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Local distribution premises; 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
• 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 encourage the use of public open space.
Environmental protection works; Roads
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
Advertising structures; Any other development not specified in item 2 or 3
• To enable land to be used for private open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
Environmental protection works; Roads
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
Advertising structures; Bed and breakfast accommodation; Farm stay accommodation; Pubs; Any other development not specified in item 2 or 3
• To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.
• To enable uses authorised under the National Parks and Wildlife Act 1974.
• To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.
Uses authorised under the National Parks and Wildlife Act 1974
Nil
Any development not specified in item 2 or 3
• To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
• To prevent development that could destroy, damage or otherwise have an adverse effect on those values.
Nil
Building identification signs; Camping grounds; Car parks; Environmental facilities; Environmental protection works; Information and education facilities; Oyster aquaculture; Roads; Water supply systems
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.
• To provide for a limited range of development that does not have an adverse effect on those values.
• To allow for development that is compatible with the flood hazard of certain areas.
• To provide for a range of recreational activities that do not have an adverse effect on areas with environmental and scenic values.
• To recognise the environmental significance of certain areas.
• To minimise the adverse effect of development on the salinity levels of certain land.
Environmental protection works; Extensive agriculture; Home-based child care; Home occupations; Roads
Boat launching ramps; Boat sheds; Camping grounds; Charter and tourism boating facilities; Dwelling houses; Environmental facilities; Farm buildings; Group homes; Home businesses; Home industries; Information and education facilities; Jetties; Mooring pens; Moorings; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Research stations; Signage; Tank-based aquaculture; Turf farming; Water recreation structures; Water supply systems; Wharf or boating facilities
Advertising structures; Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect the ecological and scenic values of natural waterways.
• To prevent development that would have an adverse effect on the natural values of waterways in this zone.
• To provide for sustainable fishing industries and recreational fishing.
Nil
Aquaculture; Boat launching ramps; Environmental facilities; Environmental protection works; Jetties; Moorings; Recreation areas; Roads; Water recreation structures; Water supply systems
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Water treatment facilities; Any other development not specified in item 2 or 3
• To protect the ecological, scenic and recreation values of recreational waterways.
• To allow for water-based recreation and related uses.
• To provide for sustainable fishing industries and recreational fishing.
Environmental protection works; Roads
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
Advertising structures; Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Seniors housing; Warehouse or distribution centres; Any other development not specified in item 2 or 3
The objective of this clause is to identify development of minimal environmental impact as exempt development.
Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
To be exempt development, the development—
(a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and
(b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c) must not be designated development, and
(d) must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
(e) (Repealed)
Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—
(a) the building has a current fire safety certificate or fire safety statement, or
(b) no fire safety measures are currently implemented, required or proposed for the building.
To be exempt development, the development must—
(a) be installed in accordance with the manufacturer’s specifications, if applicable, and
(b) not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.
See State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 and the Local Land Services Act 2013, Part 5A.
A heading to an item in Schedule 2 is part of that Schedule.
The objective of this clause is to identify development as complying development.
Development specified in Part 1 of Schedule 3 that is carried out in compliance with—
(a) the development standards specified in relation to that development, and
(b) the requirements of this Part,
is complying development.
See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances.
To be complying development, the development must—
(a) be permissible, with development consent, in the zone in which it is carried out, and
(b) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c) have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.
A heading to an item in Schedule 3 is part of that Schedule.
Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
For the purposes of this clause—
(a) the coastal waters of the State,
(b) a coastal lake,
(c) land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(d) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e) land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f) land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g) land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h) land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(i) land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j) land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.
The objectives of this clause are as follows—
(a) to ensure lots are large enough to accommodate development, including the following—
(i) proposed dwellings,
(ii) setbacks to adjoining land,
(iii) private open space and landscaped areas,
(iv) driveways and vehicle manoeuvring areas,
(v) ancillary development.
(b) to support the production capacity of land in rural zones by maintaining the size of lots,
(c) to ensure all lots are provided with adequate and safe access,
(d) to minimise the likely adverse impact of subdivision and development on the amenity of the area,
(e) to prevent fragmentation or isolation of land.
This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
If land in each resulting lot is to be connected to a sewage reticulation system, development consent must not be granted to the subdivision of the land unless—
(a) for land identified as “Area A” on the Lot Size Map—the size of each resulting lot will be at least 4,000m
2 , and(b) for land identified as “Area B” on the Lot Size Map—the size of each resulting lot will be at least 2,000m
2 .
Development consent may be granted to the subdivision of land in Zone RU5 Village, Zone R1 General Residential or Zone R2 Low Density Residential that results in a lot that is smaller than the minimum size shown on the Lot Size Map if—
(a) land in each resulting lot is connected to a sewage reticulation system, and
(b) the subdivision is for the purposes of—
(i) multi dwelling housing, or
(ii) dual occupancies.
This clause does not apply in relation to the subdivision of any land—
(a) by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or
(b) by any kind of subdivision under the Community Land Development Act 2021.
The objectives of this clause are as follows—
(a) to prevent fragmentation of land.
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,
(d) Zone RU5 Village,
(e) Zone R1 General Residential,
(f) Zone R2 Low Density Residential,
(g) Zone R5 Large Lot Residential,
(h) Zone C3 Environmental Management,
but does not apply to a subdivision by the registration of a strata plan.
The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 2021) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
This clause applies despite clause 4.1.
The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.
This clause applies to the following rural zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(baa) Zone RU3 Forestry,
(c) Zone RU4 Primary Production Small Lots,
(d) Zone RU6 Transition.
Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.
However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.
A dwelling cannot be erected on such a lot.
A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).
The objective of this clause is to permit subdivision in rural zones if the subdivision is for the purposes of meeting the needs of current permissible uses, other than dwelling houses or dual occupancies.
This clause applies to land in the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU3 Forestry,
(d) Zone RU4 Primary Production Small Lots.
Development consent must not be granted to the subdivision of land that results in a lot that is smaller than the minimum size shown on the Lot Size Map unless the consent authority is satisfied of the following—
(a) the resulting lots will be used for a continuing permissible use,
(b) the subdivision will not adversely affect the use of the surrounding land for the purposes of agriculture,
(c) the subdivision is necessary for the ongoing operation of the permissible use,
(d) the subdivision will not cause or increase conflict in rural land uses in the locality,
(e) the subdivision is appropriate in relation to the natural and physical constraints affecting the land.
In this clause—
The objective of this clause is to prevent fragmentation of land to create additional dwelling entitlements.
This clause applies to land in the following zones used, or proposed to be used, for the purposes of 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 C3 Environmental Management.
Development consent must not be granted to the subdivision of land by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015 if the subdivision would result in lots that are smaller than the minimum size shown on the Lot Size Map.
The objectives of this clause are—
(a) to minimise unplanned rural residential development, and
(b) to enable the replacement of lawfully erected dwelling houses in certain rural zones.
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 C3 Environmental Management.
Development consent must not be granted for the erection of a dwelling house on land to which this clause applies, and on which no dwelling house has been erected, unless the land—
(a) is a lot that is at least the minimum size shown on the Lot Size Map, or
(b) is a lot created before the day on which this Plan commenced and on which the erection of a dwelling house was permissible immediately before that day, or
(c) is a lot resulting from a subdivision for which development consent, or equivalent, was granted before the day on which 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 day, or
(d) is an existing holding, or
(e) would have been a lot or a holding specified in paragraphs (a)–(d) had it not been affected by—
(i) a minor realignment of boundaries that did not create an additional lot, or
(ii) a subdivision creating or widening a public road or public reserve.
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
(b) the dwelling house to be erected is intended only to replace the existing dwelling house.
In this clause—
(a) land that was a holding on 26 June 1987,
(b) land that is a holding at the time an application for development consent is lodged.
The objectives of this clause are as follows—
(a) to permit the creation of lots that support urban development in planned urban growth areas,
(b) to provide for the subdivision of lots that are within more than 1 zone but cannot be subdivided under clause 4.1,
(c) to ensure that the subdivision occurs in a way that promotes suitable land uses and development.
This clause applies to each lot (an
(a) land in 1 or more of the following zones—
(i) Zone RU5 Village,
(ii) a residential, employment or mixed use zone, and
(b) land in 1 or more relevant zones.
Despite clause 4.1, development consent may be granted to subdivide an original lot to create other lots (the
(a) 1 of the resulting lots will contain all of the land in a relevant zone that was in the original lot, and
(b) each of the other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map for the land.
A resulting lot created under subclause (3)(a) may be smaller than the minimum lot size shown on the Lot Size Map for the land.
Development consent must not be granted for the erection of a dwelling house on a resulting lot created under subclause (3)(a).
A resulting lot created under subclause (3)(b) must not be subject to more than 1 minimum lot size as shown on the Lot Size Map.
In this clause—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU3 Forestry,
(d) Zone RU4 Primary Production Small Lots,
(e) Zone C1 National Parks and Nature Reserves,
(f) Zone C2 Environmental Conservation,
(g) Zone C3 Environmental Management.
[Not adopted]
[Not adopted]
[Not adopted]
The objectives of this clause are as follows—
(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.
Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant has demonstrated that—
(a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and
(b) there are sufficient environmental planning grounds to justify the contravention of the development standard.
The Environmental Planning and Assessment Regulation 2021 requires a development application for development that proposes to contravene a development standard to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).
The consent authority must keep a record of its assessment carried out under subclause (3).
(Repealed)
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.
(Repealed)
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.
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 (
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.
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 C3 Environmental Management and marked “Environmental Management (C3)” | Transport for NSW |
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.
The objective of this clause is to limit development on certain land intended to be acquired for a public purpose.
This clause applies to land—
(a) shown on the Land Reservation Acquisition Map and specified in Column 1 of the table to this clause, and
(b) that has not been acquired by the relevant authority of the State specified for the land in clause 5.1.
Development consent must not be granted to development on land to which this clause applies other than development for a purpose specified for the land in Column 2.
Column 1 | Column 2 |
Land | Development |
Zone R1 General Residential | Car parks |
Zone C3 Environmental Management | Car parks |
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.
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.
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.
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.
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.
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).
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.
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.
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) for a boundary shared between any land and land in Zone E1, E2, E3, E4 or MU1—20 metres, and
(b) otherwise—10 metres.
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
(aa) 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.
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.
This clause does not prescribe a development standard that may be varied under this Plan.
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.
Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.
If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 30 square metres of floor area.
Shops are a type of
Shop top housing is a type of
(a) an advertising structure,
(b) a building identification sign,
(c) a business identification sign,
but does not include a traffic sign or traffic control facilities.
The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.
(a) any basement,
(b) any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,
(c) any eaves,
(d) unenclosed balconies, decks, pergolas and the like.
Small bars are a type of
The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
(a) a large area for handling, display or storage, or
(b) direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,
but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale, hire or display of other goods referred to in this definition.
Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies.
Specialised retail premises are a type of
Stock and sale yards are a type of
(a) a space that contains only a lift shaft, stairway or meter room, or
(b) a mezzanine, or
(c) an attic.
The term is defined as follows—
(a) that is capable of being filled with water to a depth of 300 millimetres or more, and
(b) that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.
Take away food and drink premises are a type of
Tank-based aquaculture is a type of
(a) any part of the infrastructure of a telecommunications network, or
(b) any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or
(c) any other thing used in or in connection with a telecommunications network.
The term is defined as follows—
Timber yards are a type of
(a) backpackers’ accommodation,
(b) bed and breakfast accommodation,
(c) farm stay accommodation,
(d) hotel or motel accommodation,
(e) serviced apartments,
but does not include—
(f) camping grounds, or
(g) caravan parks, or
(h) eco-tourist facilities.
Turf farming is a type of
(a) mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and
(b) shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),
but does not include open cut mining.
Vehicle sales or hire premises are a type of
Viticulture is a type of
Waste disposal facilities are a type of
(a) a resource recovery facility,
(b) a waste disposal facility,
(c) a waste or resource transfer station,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
Waste or resource transfer stations are a type of
(a) retention structures, and
(b) treatment works, and
(c) irrigation schemes.
Water recycling facilities are a type of
Water reticulation systems are a type of
Water storage facilities are a type of
(a) a water reticulation system,
(b) a water storage facility,
(c) a water treatment facility,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
Water treatment facilities are a type of
(a) natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b) artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
(a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c) wharves for commercial fishing operations,
(d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e) sea walls or training walls,
(f) administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
Dubbo Regional Local Environmental Plan 2022 (108). LW 25.3.2022. Date of commencement, on publication on LW, cl 1.1AA. This Plan has been amended as follows—
(650) | Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. LW 5.11.2021. Date of commencement of Sch 1[1]–[15] [17] [19] [23]–[48] and [50]–[53] and Sch 2, 1.12.2021, cl 2(1); date of commencement of Sch 1[16] [18] [20]–[22] [49] [54] and [55], 30.6.2022, cl 2(1A); date of commencement of Sch 3, 26.4.2023, cl 2(2). Amended by Standard Instrument (Local Environmental Plans) Further Amendment (Land Use Zones) Order 2021 (712). LW 26.11.2021. Date of commencement, on publication on LW, cl 2. Amended by Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022 (726). LW 30.11.2022. Date of commencement, on publication on LW, cl 2. | |
(314) | State Environmental Planning Policy Amendment (Local Distribution Premises) 2022. LW 24.6.2022. Date of commencement, 30.6.2022, sec 2. | |
(369) | Dubbo Regional Local Environmental Plan 2022 (Amendment No 1). LW 8.7.2022. Date of commencement, on publication on LW, cl 2. | |
(390) | Dubbo Regional Local Environmental Plan 2022 (Amendment No 2). LW 15.7.2022. Date of commencement, on publication on LW, cl 2. | |
(592) | Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2022. LW 6.10.2022. Date of commencement, 1.12.2022, cl 2. | |
(628) | Standard Instrument (Local Environmental Plans) Amendment (Canal Estate Development and Public Bushland) Order 2022. LW 21.10.2022. Date of commencement, 21.11.2022, cl 2. | |
(828) | State Environmental Planning Policy Amendment (Land Use Zones) (No 2) 2022. LW 16.12.2022. Date of commencement, 26.4.2023, sec 2. Amended by State Environmental Planning Policy Amendment (Land Use Zones) 2023 (82). LW 24.2.2023. Date of commencement, on publication on LW, sec 2. | |
(458) | State Environmental Planning Policy Amendment (Agritourism) 2023. LW 18.8.2023. Date of commencement, on publication on LW, sec 2. | |
(522) | Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023. LW 15.9.2023. Date of commencement, 1.11.2023, cl 2. | |
(554) | State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023. LW 29.9.2023. Date of commencement, 1.10.2023, sec 2. | |
(608) | Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2023. LW 10.11.2023. Date of commencement, on publication on LW, cl 2. | |
(42) | State Environmental Planning Policy Amendment (Land Use Zones) (No 2) 2024. LW 23.2.2024. Date of commencement, on publication on LW, sec 2. | |
(89) | Dubbo Regional Local Environmental Plan 2022 (Amendment No 4). LW 28.3.2024. Date of commencement, on publication on LW, cl 2. | |
(201) | Dubbo Regional Local Environmental Plan 2022 (Amendment No 3). LW 7.6.2024. Date of commencement, on publication on LW, cl 2. | |
(316) | Dubbo Regional Local Environmental Plan 2022 (Amendment No 5). LW 26.7.2024. Date of commencement, on publication on LW, cl 2. | |
(167) | Dubbo Regional Local Environmental Plan 2022 (Amendment No 6). LW 11.4.2025. Date of commencement, on publication on LW, cl 2. | |
(511) | Standard Instrument (Local Environmental Plans) Amendment (Group Homes) Order 2025. LW 19.9.2025. Date of commencement, on publication on LW, cl 2. |
No reference is made to certain amendments made consequential on the amendment of the Standard Instrument (Local Environmental Plans) Order 2006.
Cl 2.1 | Am 2022 (828), Sch 1.9[1]. |
Land Use Table | Am 2022 (314), Sch 1; 2022 (828), Sch 1.9[2]; 2023 (458), Sch 2.28; 2024 (201), Sch 1[1]–[3]. |
Cl 4.2D | Ins 2024 (201), Sch 1[4]. |
Cl 5.3 | Am 2022 (828), Sch 1.9[3]. |
Cl 5.5 | Subst 2022 (390), cl 5(1). |
Cl 6.1 | Am 2023 (554), Sch 2.10. |
Cl 7.11 | Subst 2022 (828), Sch 1.9[4] (am 2023 (82), Sch 1.2[3]). |
Cl 7.12 | Subst 2022 (828), Sch 1.9[4] (am 2023 (82), Sch 1.2[3]). Am 2024 (42), Sch 1.17. |
Cl 7.13 | Subst 2022 (828), Sch 1.9[4] (am 2023 (82), Sch 1.2[3]). Am 2024 (89), Sch 1; 2024 (316), Sch 1. |
Cl 7.16 | Am 2022 (828), Sch 1.9[5]. |
Cl 7.20 | Ins 2022 (828), Sch 1.9[6]. |
Cl 7.21 | Ins 2022 (828), Sch 1.9[6]. |
Sch 1 | Am 2022 (369), cl 5; 2022 (828), Sch 1.9[7]. |
Sch 2 | Am 2025 (167), Sch 1. |
Sch 5 | Am 2022 (390), cl 5(2). |
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