Eurobodalla Urban Local Environmental Plan 1999 (NSW)
This plan is called Eurobodalla Urban Local Environmental Plan 1999.
This plan applies to all land in the local government area of Eurobodalla shown within the heavy black line on the land use map and to all unzoned land shown uncoloured on
This plan applies to the land identified by the letter “R” on the land use map only for the purpose of making the amendments to Eurobodalla Rural Local Environmental Plan 1987 set out in Schedule 1.
This plan repeals Interim Development Order No 3—Shire of Eurobodalla.
This plan amends Eurobodalla Rural Local Environmental Plan 1987 as set out in Schedule 1.
Eurobodalla Shire Council is the consent authority for development applications relating to land to which this plan applies, subject to the Environmental Planning and Assessment Act 1979.
Expressions used in this plan that are defined in the dictionary at the end of this plan have the meanings set out in the dictionary.
This plan adopts the following clauses of, and Schedule 1 to, the Environmental Planning and Assessment Model Provisions 1980:
Clause 11 | Subdivision—new roads |
Clause 12 | Land used for commercial or industrial purposes (fronting a main or arterial road) |
Clause 26 | Junkyards and offensive or hazardous industries |
Clause 27 | Sawdust and sawmill waste |
Clause 35 (paragraph (c) excepted) | Savings (except for home occupations carried on in dwelling-houses) |
Schedule 1 | Development allowed without consent |
The list of contents is not part of this plan.
In this plan:
(a) a reference to a use of land of a particular kind includes a reference to a use of land of that kind which is proposed, and
(b) a reference to a map is a reference to a map kept in the office of the Council.
Clause 29 of the Environmental Planning and Assessment (Savings and Transitional) Regulation 1998 applies to this plan as if this plan had commenced before 1 July 1998, despite any other provision of this plan.
The overall aim of this plan is to further the objects of the Environmental Planning and Assessment Act 1979.
The general objectives of this plan are:
(a) to encourage orderly and proper development within the area of Eurobodalla, and
(b) to identify zones in which particular classes of development are most likely to be appropriate, having regard to the environmental characteristics of the locality, servicing and access requirements and constraints, and the characteristics of the development, and
(c) to optimise the use of existing services and infrastructure and promote the efficient provision of any services and infrastructure in the future in accordance with the intensity and type of development proposed for the locality, and
(d) to ensure that provision is made for public amenities, public services and community facilities early in the process of development, and
(e) to ensure that no development on any land is likely to jeopardise the future orderly and economic development of the land or of the land in its vicinity, and
(f) to provide a broad, long-term framework of planning controls based on a strong emphasis on general, particular and zone-specific objectives and strategies in concert with development control plans giving expression to detailed planning provisions, and
(g) to enhance individual and community wellbeing and welfare by following a path of economic development that safeguards the welfare of future generations, and
(h) to accommodate population growth and facilitate expansion and diversification in the area’s economy.
The particular objectives of this plan are:
(a) in relation to
environmental protection :(i) to protect coastal areas, estuaries, wetlands, rainforests and other environmentally sensitive areas from the effects of inappropriate use or other inappropriate development, and
(ii) to promote the retention of trees and tree cover and to conserve as far as practicable the existing pattern of vegetation to maintain landscape quality and remaining natural ecosystems, and
(iii) to conserve soil, flora and fauna and significant natural features, and
(iv) to conserve and manage significant natural resources in such a way that their essential values are maintained and enhanced, and
(v) to provide for the existing and potential functions of water courses and floodways for domestic water supply, drainage, aquaculture, recreation and ecological purposes, and
(vi) to control development in the catchment of the Deua River to protect water quality for domestic and ecological purposes, and
(vii) to maintain the overall scenic beauty of the rural landscape of the area of Eurobodalla and protect significant views from public roads, reserves and waterways, and
(viii) to maintain air quality and avoid noise pollution, having regard to the nature and extent of their effects and the sensitivity of affected people or things, and
(ix) to provide for the existing and potential functions of riparian and foreshore areas to ensure stability and to protect water quality and ecological, visual and recreational values, and
(x) to ensure that development or activities in one zone do not adversely affect environmentally sensitive land in adjacent zones, and
(b) in relation to
ecologically sustainable development :(i) to integrate economic, environmental and social goals into policies, practices and decision-making, and
(ii) to take a precautionary approach to decision-making to ensure that resources are utilised in a sustainable manner, and
(iii) to protect biological diversity, and
(iv) to ensure that natural and environmental assets are properly valued, and
(v) to provide for equity within and between generations, and
(c) in relation to
land management generally:(i) to minimise risks to life and property from bushfires, and geological or other hazards, and
(ii) to reduce the impact of flooding/ocean inundation on land owners and occupiers and to reduce public and private losses due to flooding/ocean inundation in accordance with the NSW Government’s Flood Prone Land Policy, and
(iii) to ensure that coastal development is compatible with the degree of coastline hazard in accordance with the NSW Government’s Coastline Hazard Policy, and
(iv) to encourage community services and facilities for residents of non-urban areas to be located in existing villages and towns, and
(d) in relation to
heritage conservation —to conserve items, structures and places of natural, historic, scientific or cultural significance, including Aboriginal relics and places, and(e) in relation to
transport :(i) to encourage the provision of a balanced transport system, including safe and convenient facilities for pedestrians, cyclists, public transport users and road users generally, and
(ii) to encourage the development of transport networks and systems in a manner integrated with land use, including a hierarchy of roads to service varying transport functions, and
(iii) to ensure that the provision of roads supports and facilitates the desired pattern of development as indicated on the land use map, and
(iv) to ensure adequate reservation of land for roads and access in places where new development is carried out, and
(v) to minimise conflicts between the transport function of roads and the access needs of adjoining land, and
(vi) to protect visual amenity for road users, and
(vii) to require adequate off-street parking to meet demand generated by redevelopment or new development, and
(f) in relation to
recreation and tourism :(i) to promote the development of a range of recreational opportunities and facilities to meet the needs of people of various ages and with various interests at the neighbourhood, local and regional levels, and
(ii) to provide for multiple use of public buildings and facilities, and
(iii) to promote provision of land for neighbourhood recreational use in or adjacent to residential areas and for local recreational use in reasonable proximity to residential areas, and
(iv) to encourage tourist accommodation primarily in urban areas, and
(v) to protect the quality, accessibility and attractiveness of the area’s natural recreational resources and to protect their environmental characteristics and sensitivity, and
(g) in relation to
housing :(i) to encourage a range of housing opportunities to meet the needs of the community for a choice of dwelling size, type, tenure, cost and location, and
(ii) to ensure that new development is consistent with the character of existing residential areas, having regard to the physical characteristics of the land, the nature of the vegetation and landscape, and existing buildings in the locality, and
(iii) to provide opportunities for higher residential densities where essential public services are available or can be provided efficiently and economically, and in locations convenient to shops, entertainment and other facilities, and
(h) in relation to
industry and commerce :(i) to encourage and facilitate commercial and industrial development primarily in existing commercial centres, and
(ii) to provide for residential development and tourist accommodation in commercial centres, where such development will contribute to the vitality of the centres without increasing demand for public car parking, and
(iii) to provide sufficient appropriately zoned and serviced land for industrial and commercial uses, and
(iv) to encourage a high standard of commercial development in accordance with development control plans for the major centres, and
(v) to encourage a high standard of industrial development, and
(i) in relation to villages and towns:
(i) to encourage the development of existing towns and some villages as centres of commercial activity, public facilities, indoor recreation and entertainment, and
(ii) to maintain and enhance the character of towns and villages, and
(iii) to encourage forms of settlement which are energy efficient, cost effective and environmentally sound, and
(j) generally :(i) to provide opportunities for public involvement and participation in environmental planning and assessment, and
(ii) to minimise the need for amendments to planning controls, and
(iii) to establish an appropriate balance between certainty and flexibility in the requirements that are imposed on development proposals.
The aim and objectives of this plan are to be achieved by the following strategies:
(a) by applying general land use controls to land within each zone or for a class of development, and
(b) by providing a framework for development control plans regulating the carrying out of development allowed in any zone:
(i) to restrict some or all development to certain land within a zone, and
(ii) to apply specific provisions to certain land within a zone or to a class of development, and
(iii) to provide directions to guide future development, and
(c) by adopting development control plans for the central business areas of Batemans Bay, Moruya and Narooma to reinforce and enhance their existing character and functions, and
(d) by identifying a major new industrial site in the northern part of the area, and
(e) by making provisions in development control plans or allowing conditions to be imposed on development consents, to further the objectives of this plan, including (but not exclusively) provisions or conditions:
(i) requiring minimum floor heights and sufficient setback of lot boundaries, buildings and works from wetlands, streams, rivers, estuaries and the coast to prevent erosion, protect water quality and avoid flooding or oceanic inundation hazards, and
(ii) requiring dedication for public use, or other suitable measures for permanent reservation from development, of land necessary to protect environmental quality or to conserve natural or built heritage, and
(iii) discouraging or restricting development on steep slopes, or areas subject to bushfire or other hazards, and
(iv) reserving suitable land for public purposes, including recreational and other community uses, roads and drainage, and
(v) controlling tree clearing and lopping, and
(vi) regulating outdoor advertising, and
(vii) ensuring that the need to provide essential public services is taken into account, and
(viii) requiring an archaeological survey or similar precautions where Aboriginal relics are known or likely to be found, and
(ix) preventing alienation of access to public recreational resources that will benefit only private individuals or exclusive groups, and
(x) requiring that appropriate access and adequate amenities are provided for all groups within the community for new developments, and
(f) by advertising development proposals where there is a possibility of significant impact on any individual, the environment or the general public, and
(g) by requiring full consideration of possible adverse environmental, economic or social impacts in advance of development in accordance with provisions of the Environmental Planning and Assessment Act 1979, and
(h) by providing sufficient flexibility in planning controls to accommodate development proposals in accordance with the objectives of this plan, and
(i) by requiring dedication of land, payment of monetary contribution or acceptance of a material public benefit or a combination of these as conditions of development consent, where appropriate, pursuant to section 94 of the Environmental Planning and Assessment Act 1979.
Land is within a zone for the purposes of this plan if it is shown on the land use map as being within the zone.
In the event of an inconsistency between the provisions of this Part and other provisions of this plan, the other provisions of this plan prevail.
There are the following residential zones:
• 2ec Residential—Environmental Constraints
• 2g Residential—General
• 2t Residential—Tourism
The objectives of the 2ec Residential—Environmental Constraints zone are:
(a) to recognise residential localities characterised by the dominance of the natural landscape over built form and to maintain and encourage that relationship by permitting very limited non-residential uses and low residential densities only, and
(b) to identify residential localities characterised by environmental constraints or hazards or by service constraints and to recognise those hazards or constraints by permitting very limited non-residential uses and low residential densities only, and
(c) to provide for non-residential uses that are compatible with other land uses in the locality, service local residents or, in the case of public authority premises, need to be close to residents in the zone, and
(d) to ensure new building in the zone is consistent with the character of the area in which it is proposed, having regard to the existing landscape and nearby development, and
(e) to generally encourage extensive native vegetation landscaping of private land in the zone.
Development for the purpose of the following is allowed without development consent within the 2ec Residential—Environmental Constraints zone:
• utility installations.
Development for the purpose of the following is allowed only with development consent within the 2ec Residential—Environmental Constraints zone:
• bed and breakfast establishments,
• community centres,
• dwelling-houses,
• exhibition homes,
• home businesses,
• housing for older people or people with a disability,
• land clearing,
• places of worship,
• public authority premises,
• recreation areas,
• roads,
• telecommunications facilities,
• waste collection centres.
Development not included in subclause (1) or (2) is prohibited within the 2ec Residential—Environmental Constraints zone.
The objectives of the 2g Residential—General zone are:
(a) to encourage a variety of residential development, while maintaining a generally low density residential character, by permitting:
(i) limited non-residential uses, and
(ii) a variety of residential uses in small scale buildings comparable to single dwelling-houses, and
(b) to ensure new development in the zone has regard to the beneficial features of the character of the area in which it is proposed, and
(c) to provide for non-residential uses that are compatible with other land uses in the locality, service local residents or, in the case of public authority premises, need to be close to residences in the zone.
Development for the purpose of the following is allowed without development consent within the 2g Residential—General zone:
• utility installations.
Development for the purpose of the following is allowed only with development consent within the 2g Residential—General zone:
• bed and breakfast establishments,
• caravan parks where reticulated water and sewerage services are provided,
• child care centres,
• community centres,
• dual occupancies,
• dwelling-houses,
• educational establishments,
• exhibition homes,
• general stores,
• home businesses,
• hospitals,
• housing for older people or people with a disability,
• integrated housing where reticulated water and sewerage services are provided,
• land clearing,
• manufactured home estates where reticulated water and sewerage services are provided,
• places of assembly,
• places of worship,
• public authority premises,
• recreation areas,
• roads,
• telecommunications facilities,
• waste collection centres.
Development not included in subclause (1) or (2) is prohibited within the 2g Residential—General zone.
The objectives of the 2t Residential—Tourism zone are:
(a) to provide a variety of residential opportunities at relatively higher densities in localities where full services are provided and which are close to commercial centres and community facilities, and
(b) to encourage tourist facilities and accommodation in areas close to commercial centres, and
(c) to provide for limited commercial activities where they are compatible with adjoining buildings and uses.
Development for the purpose of the following is allowed without development consent within the 2t Residential—Tourism zone:
• utility installations.
Development for the purpose of the following is allowed only with development consent within the 2t Residential—Tourism zone:
• bed and breakfast establishments,
• boarding houses,
• caravan parks,
• child care centres,
• community centres,
• dual occupancies,
• dwelling-houses,
• educational establishments,
• exhibition homes,
• general stores,
• home businesses,
• hospitals,
• housing for older people or people with a disability,
• indoor recreation facilities,
• integrated housing,
• land clearing,
• manufactured home estates,
• marinas,
• medical centres,
• passenger transport terminals,
• places of assembly,
• places of worship,
• professional offices,
• public authority premises,
• recreation areas,
• registered clubs,
• residential flat buildings,
• restaurants,
• roads,
• service stations,
• telecommunications facilities,
• tourist accommodation,
• waste collection centres,
• any other land use not included in subclause (1) or (3).
Development for the purpose of the following is prohibited within the 2t Residential—Tourism zone:
• agriculture,
• animal establishments,
• aquaculture,
• brothels,
• bulky goods salesrooms,
• business incubators,
• car parks,
• cemeteries,
• commercial premises,
• depots,
• extractive industries,
• forestry,
• generating works,
• helipads,
• hotels,
• industries,
• institutions,
• junkyards,
• liquid fuel depots,
• mines,
• motor showrooms,
• offensive or hazardous industries,
• public utility undertakings,
• racecourses,
• recreation establishments,
• roadside stalls,
• road transport terminals,
• shops,
• vehicle repair stations,
• veterinary establishments,
• warehouses.
(Repealed)
The objectives of this clause are:
(a) to ensure development is in keeping with the character of the locality and conforms in scale to the natural and built environment, and
(b) to ensure development is commensurate with the level of services available.
In determining an application for consent for development within a residential zone, the Council must consider:
(a) the bulk and scale of the proposed development and its compatibility with the character of the locality, and
(b) the extent of the loss of existing and native vegetation, and
(c) any potential impact on the visual and scenic amenity of the locality, and
(d) whether the proposed development will be compatible with the level of existing essential public services, and
(e) whether the development restricts public access to waterways and headlands.
A dwelling-house must not be erected on land which is not connected to a reticulated sewerage system, unless the Council is satisfied that the site is suitable for the on-site disposal of effluent.
In this clause,
The objectives for non-residential development in residential zones are:
(a) to provide for non-residential development that results in public utility services and installations that need to be located in residential zones for physical reasons such as topography (for example, water reservoirs, electricity substations and sewage pumping stations), and
(b) to provide for non-residential development that caters to local residents, particularly children, such as child care centres, community centres, educational establishments, places of worship and some types of public authority premises, even where such development may have greater impact on the amenity of the area than the impact typically expected from residential development, and
(c) to ensure non-residential development that does not need to be carried out near local residents, and that has greater impact on adjoining residents than would be expected from residential development, is located in the business zone, and
(d) to ensure nearby residents and property owners are advised in advance of proposed non-residential development in residential zones and given the opportunity to inform the Council of their views.
Non-residential development that is permissible only with development consent in residential zones must be advertised in accordance with procedures adopted by the Council from time to time. These procedures need not require advertising of proposed additions or alterations to non-residential development that, in the opinion of the Council, are minor in nature or would have minimal additional impact on the amenity of the area.
In considering an application for consent for non-residential development in a residential zone, the Council must take into account the objectives for such development as set out in this clause and any representations from members of the public.
A development control plan may identify land within a residential zone which is suitable for a limited range of uses or scale of development to help meet the objectives of this plan.
This clause applies to development comprising residential flat buildings in the 2t Residential—Tourism zone.
The objectives of this clause are:
(a) to ensure that the style and design of new development is compatible and consistent with the character, scale and density of existing residential development in the immediate vicinity and surrounding locality, and
(b) to encourage responsive building design and architecture that has regard to the existing built and natural environments, and the streetscape.
In determining an application for consent for development to which this clause applies, the Council must consider:
(a) the bulk, scale and style of the proposed development and its compatibility with the existing built and natural environments, and
(b) the building form and materials, and the building’s appearance from adjoining property, including any public road or reserve, and
(c) how the design responds to the amenity of the immediate neighbourhood, including surrounding buildings, the landscape and the street, and
(d) how the design addresses adjoining development in terms of visual privacy, views, noise, sunlight access, drainage and landscaping.
There is the following business zone:
• 3a Business
The objectives of the 3a Business zone are:
(a) to provide for and encourage a range of commercial activities that rely on direct and frequent access by members of the public, especially retail, office, entertainment and personal service activities, including those carried out by public authorities, and
(b) to recognise and reinforce a hierarchy of commercial centres, ranging from the three major centres of Batemans Bay, Moruya and Narooma, to village and neighbourhood shopping centres, and
(c) to provide for and encourage intensive tourist accommodation, such as motels and holiday flats, in commercial centres if, and only if, on-site car parking is provided, and
(d) to provide for and encourage dwellings on the upper floors of commercial buildings where on-site car parking is provided and to recognise that residential car parking demand will be lower in such a case than in the case of residential development in localities less convenient to commercial facilities, and
(e) to enable small scale industries to operate in commercial centres, especially where they retail to or directly service the public, and
(f) to ensure that small commercial centres providing primarily for the daily needs of nearby residential areas retain a scale and character consistent with a residential neighbourhood, and
(g) to establish a zone where a broad range of uses is permissible to facilitate more detailed planning in the form of development control plans for specific commercial areas, and
(h) to encourage a high standard of design in commercial centres, and
(i) to encourage access for people with disabilities to commercial buildings.
Development for the purpose of the following is allowed without development consent within the 3a Business zone:
• utility installations.
Development not included in subclause (1) or (3) is allowed only with development consent within the 3a Business zone.
Development for the purpose of the following is prohibited within the 3a Business zone:
• agriculture,
• brothels,
• caravan parks,
• depots,
• extractive industries,
• forestry,
• generating works,
• institutions,
• integrated housing,
• junkyards,
• liquid fuel depots,
• manufactured home estates,
• mines,
• offensive or hazardous industries,
• racecourses,
• roadside stalls,
• road transport terminals,
• showgrounds,
• warehouses.
In this clause
The objectives for residential development in the 3a Business zone are:
(a) to encourage greater vitality in business areas, especially outside standard business hours, and
(b) to provide for convenient living opportunities, while minimising conflicts between commercial and residential land uses.
Residential development may be carried out in the 3a Business zone only if each of the following conditions can be met:
(a) no residential development is provided on the ground floor of any building, except for access to dwellings and for car parking spaces, and
(b) at least one car parking space is provided on the land for each dwelling on that land.
A development control plan may identify land within the 3a Business zone which is suitable for a limited range of uses or scale of development to help meet the objectives of this plan.
There is the following industrial zone:
• 4a Industrial
The objectives of the 4a Industrial zone are:
(a) to provide for industrial uses in an area where services, including roads, can be planned for industrial needs, and
(b) to encourage mixed industrial and ancillary service activities to be located in appropriate areas and to prevent the establishment of conflicting land uses in industrial areas, and
(c) to encourage a high standard of design and amenity in industrial areas, and
(d) to permit limited retailing if it is ancillary to manufacturing on the premises, or where large and bulky goods are stored or to service people working in the industrial zone, and
(e) to permit non-industrial uses that cater to people working in the industrial zone, and
(f) to ensure industrial development reflects and supports the road hierarchy of the area.
Development for the purpose of the following is allowed without development consent within the 4a Industrial zone:
• utility installations.
Development not included in subclause (1) or (3) is allowed only with development consent within the 4a Industrial zone.
Development for the purpose of the following is prohibited within the 4a Industrial zone:
• bed and breakfast establishments,
• boarding houses,
• caravan parks,
• commercial premises,
• dual occupancies,
• dwelling-houses (unless used in connection with other permissible land uses carried out on the same land),
• hospitals,
• hotels,
• housing for older people or people with a disability,
• integrated housing,
• manufactured home estates,
• medical centres,
• mines,
• professional offices,
• registered clubs,
• residential flat buildings,
• roadside stalls,
• shops,
• showgrounds,
• tourist accommodation,
In relation to the location of brothels in the 4a Industrial zone:
(a) development for the purpose of a brothel must not be located within 50 metres of land zoned for residential use, and
(b) development for the purpose of a brothel must not be located on property adjacent to, adjoining, or within view of, any church, place of worship, community facility, cultural facility, educational establishment, child care centre, hospital, medical centre, public open space, recreational area or any place frequented by children for any reason, or residence unless that residence is ancillary to the brothel.
Before granting consent to development for the purpose of a brothel, the Council must consider the following:
(a) the distance between the premises and any church, place of worship, community facility, cultural facility, educational establishment, child care centre, hospital, medical centre, public open space, recreational area or any place frequented by children for any reason, or residence, and
(b) whether the operation of the brothel could cause a disturbance in the neighbourhood, taking into account the location of any other brothels operating in the neighbourhood, and
(c) where the building is used for multiple purposes, whether access to the brothel is by a separate entrance and whether common circulation areas are to be used, and
(d) whether sufficient on-site parking can be provided, and
(e) whether the operation of the brothel would interfere with the amenity of the neighbourhood because of its size, hours of operation, traffic generation, lighting, or noise or the number of its employees and clients.
A development control plan may identify land within the 4a Industrial zone which is suitable for a limited range of uses or scale of development to help meet the objectives of this plan.
There are the following road zones:
• 5b Arterial Road
• 5b1 Local Road
• 5c Main Road
The objectives of the road zones are:
(a) in the case of the 5b Arterial Road zone and the 5c Main Road zone:
(i) to identify existing and future major roads to reinforce the hierarchy of roads in the area of Eurobodalla, and
(ii) to protect the function of major roads as through traffic routes from the effects of traffic-generating development on adjoining land, inappropriate accesses, or incompatible uses on land adjoining the road which may lead to restrictions on that function of the road, and
(iii) to provide for a major element of long-term transport planning, and
(b) in the case of the 5b1 Local Road zone, to reserve land essential for future local roads or widening of existing roads.
Development for the purpose of the following is allowed without consent within the Road zones:
• roads,
• utility installations.
Development not included in subclause (1) is allowed only with development consent within the Road zones.
No development is prohibited within the Road zones.
The owner of any land within the 5b Arterial Road zone or within the 5b1 Local Road zone may write to the Council, asking the Council to acquire the land. On receipt of such a request, the Council must acquire the land, unless the land can reasonably be required to be dedicated for public road as a condition of consent to a development application.
A person may, with the consent of the Council, carry out development on land in the 5b Arterial Road zone or the 5b1 Local Road zone:
(a) if the development may be carried out on land in an adjoining zone, or
(b) if it is compatible with development which may be carried out on land in an adjoining zone.
The Council must not consent to development allowed by this clause unless:
(a) the Council has considered whether or not the proposed development would adversely affect the future use of the land as a public road, and
(b) in the Council’s opinion, the land is not required for a public road in the immediate future, and
(c) the land owner agrees not to require the Council to acquire the land for the period specified in the agreement.
Land acquired under this clause may be developed, with the consent of the Council, for any purpose until such time as it is required for the purpose for which it was acquired.
Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
In this clause:
The owner of any land within the 5c Main Road zone may write to the RTA asking the RTA to acquire the land.
On receipt of such a request, the RTA must acquire the land if:
(a) the land is vacant, or
(b) the land is not vacant and:
(i) the land is included in the 5-year works program of the RTA current at the time of receipt of the notice, or
(ii) the RTA has decided not to give concurrence to an application for consent to the carrying out of development on the land, or
(iii) the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time,
but the RTA is not required to acquire the land if it might reasonably be required to be dedicated for public road as a condition of consent to a development application.
A person may, with the consent of the Council, carry out development on land within the 5c Main Road zone:
(a) if the development may be carried out on land in an adjoining zone, or
(b) if it is compatible with development which may be carried out on land in an adjoining zone.
(Repealed)
Land acquired under this clause may be developed, with the consent of the Council, for any purpose until such time as it is required for the purpose for which it was acquired.
There is the following car park zone:
• 5d Car Park
The objectives of the 5d Car Park zone are:
(a) to identify existing and proposed car parks of key importance to the future development of adjoining commercial land, and
(b) to ensure that land is available for necessary off-street car parking in future, and
(c) to provide for acquisition of land identified as necessary for car parking and for its use in the interim period.
No development is allowed without development consent within the 5d Car Park zone.
Development for the purpose of the following is allowed only with development consent within the 5d Car Park zone:
• car parks,
• roads,
• telecommunications facilities,
• utility installations,
• any other land use.
No development is prohibited within the 5d Car Park zone.
The owner of any land within the 5d Car Park zone may write to the Council, asking the Council to acquire the land. On receipt of such a request, the Council must acquire the land, unless:
(a) the land might reasonably be required to be dedicated for a public car park as a condition of consent to a development application, or
(b) the land owner has agreed to postpone the request for a period and the period has not expired.
A person may, with the consent of the Council, carry out development on land in the 5d Car Park zone:
(a) if the development may be carried out on land in an adjoining zone, or
(b) if it is compatible with development which may be carried out on land in an adjoining zone.
The Council must not consent to development allowed by this clause unless:
(a) the Council has considered whether or not the proposed development would adversely affect the future use of the land as a public car park, and
(b) in the Council’s opinion, the land is not required for a public car park in the immediate future, and
(c) the land owner agrees not to require the Council to acquire the land for the period specified in the agreement.
Land acquired under this clause may be developed, with the consent of the Council, for any purpose until such time as it is required for the purpose for which it was acquired.
There are the following open space zones:
• 6a1 Public Open Space
• 6c1 Private Recreation
The objectives of the 6a1 Public Open Space zone are:
(a) to recognise the importance of land in the zone as open space and allow a limited range of uses compatible with keeping the land as open space and in public ownership, and
(b) to permit a range of uses, especially recreational uses, where those uses comply with the plan of management for the land, and
(c) to allow development on foreshores where that development is water-related and enhances the recreational use or natural environment of the foreshore, and
(d) to reserve privately owned land that is essential for future public open space and provide for its acquisition by the Council, and
(e) to ensure that development in areas of environmental significance does not reduce that significance.
Development for the purpose of the following is allowed without development consent within the 6a1 Public Open Space zone:
• on community land, development by or on behalf of a public authority that is consistent with an adopted plan of management for that community land and, if not so consistent, would be allowed by subclause (2) or otherwise by this subclause,
• utility installations,
• works (including land clearing) carried out by or on behalf of a public authority involved in landscaping, gardening, bushfire hazard reduction, erosion control or rehabilitation, or drainage.
Development for the purpose of the following is allowed only with development consent within the 6a1 Public Open Space zone, but only if it is not included in subclause (1):
• agriculture,
• aquaculture,
• caravan parks for short-term residents only,
• car parks,
• cemeteries,
• child care centres,
• community centres,
• development by a public authority,
• dwelling-houses required for the management of the reserve or facilities on the reserve,
• educational establishments,
• forestry,
• helipads for emergency use only,
• indoor recreation facilities,
• land clearing,
• marinas,
• places of assembly,
• racecourses,
• recreation areas,
• recreation establishments,
• restaurants,
• roads,
• showgrounds,
• telecommunications facilities,
• waste collection centres.
Development not included in subclause (1) or (2) is prohibited within the 6a1 Public Open Space zone.
The Council must not consent to any development on public land classified as community land under the Local Government Act 1993 in the 6a1 Public Open Space zone if that development would be inconsistent with an adopted plan of management for that land.
The owner of land within the 6a1 Public Open Space zone may write to the Council, asking the Council to acquire the land. On receipt of such a request, the Council must acquire the land, unless:
(a) the land can reasonably be required to be dedicated for the purpose of public open space by the owner on subdivision or development of that land or adjoining land in the same ownership, or
(b) the land is public land and held by a public authority for the purpose of public open space, or
(c) the land owner has agreed to postpone the request for a period and the period has not expired.
Where the land is within the 6a1 Public Open Space zone and the land is not owned by the Council nor held by a public authority for the purpose of public open space, the Council must not consent to any development of the land unless:
(a) the Council has considered whether or not the proposed development would adversely affect the future use of the land as public open space, and
(b) in the Council’s opinion, the land is not required for public open space in the immediate future, and
(c) the land owner agrees not to require the Council to acquire the land for the period specified in the agreement.
The objectives of the 6c1 Private Recreation zone are to recognise and provide for major recreational uses carried out on land not owned by a public authority.
Development for the purpose of the following is allowed without development consent within the 6c1 Private Recreation zone:
• utility installations.
Development for the purpose of the following is allowed only with development consent within the 6c1 Private Recreation zone:
• agriculture,
• aquaculture,
• caravan parks,
• car parks,
• cemeteries,
• dual occupancies normally ancillary to other permissible development carried out on the same land,
• dwelling-houses normally ancillary to other permissible development carried out on the same land,
• educational establishments,
• exhibition homes,
• forestry, indoor recreation facilities,
• land clearing,
• marinas,
• places of assembly,
• public authority premises,
• racecourses,
• recreation areas,
• recreation establishments,
• registered clubs,
• restaurants,
• roads,
• showgrounds,
• telecommunications facilities,
• tourist accommodation,
• waste collection centres.
Development not included in subclause (1) or (2) is prohibited within the 6c1 Private Recreation zone.
Development of minimal environmental impact listed as exempt development in Development Control Plan—Exempt and Complying Development, as adopted by the Council on 27 March 2001, is
Development listed as complying development in Development Control Plan—Exempt and Complying Development, as adopted by the Council on 27 March 2001, is
(a) it is local development of a kind that can be carried out with consent on the land on which it is proposed, and
(b) it is not an existing use, as defined in section 106 of the Act.
Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Development Control Plan—Exempt and Complying Development, as adopted by the Council on 27 March 2001.
A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Development Control Plan—Exempt and Complying Development, as in force when the certificate is issued.
The objective of this clause is to enable development to be carried out in accordance with this plan, even if the development would otherwise be prohibited by a private covenant or other agreement.
If any agreement, covenant or similar instrument prohibits development allowed by this plan, or by a consent granted pursuant to this plan, then it shall not apply to that development, to the extent necessary to allow that development.
In accordance with section 28 of the Environmental Planning and Assessment Act 1979, the Governor approved of subclause (2) before this plan was made.
Regardless of any other provisions of this plan that prohibit proposed development, the Council may grant consent for development that would be otherwise prohibited being carried out for a maximum period of 28 days, whether consecutive or non-consecutive, in any one year if, in the Council’s opinion, the development would further the objectives of this plan.
In addition, the Council may consent to the use of any dwelling for the purpose of an exhibition home for a period of time determined by the Council, except a dwelling within the 6a1 Public Open Space zone.
Subclause (1) does not apply to Crown land reserved for a nominated public purpose, unless the land is under the care, control and management of the Council.
This clause applies to development for the purpose of a building, work, place or land use permissible with consent within the 2t Residential—Tourism zone, but that is not defined by the dictionary.
The Council may grant consent to the carrying out of development to which this clause applies if, and only if, in the opinion of the Council:
(a) the proposed development would not undermine the objectives of this plan and granting consent would not set a precedent for subsequent development that would cumulatively be inconsistent with the objectives of this plan, and
(b) the development would be compatible with the objectives of the zone in which it is proposed, the character of the land on which it is proposed, adjoining land uses and the amenity of the locality enjoyed by its residents.
The Council must not grant consent for development pursuant to this clause unless it has considered a report on the likely effect of the proposed development that addresses the following:
(a) any social, economic and environmental impacts on the community,
(b) any transformation of the character and amenity of the locality,
(c) any environmental impact on the ecosystem of the locality,
(d) any reduction of the aesthetic, recreational, scientific or other environmental quality or value of the locality,
(e) any effect on items, structures and places having heritage significance or other special value for present or future generations,
(f) any long-term effects on the environment,
(g) any endangering of any species of animal, plant or other form of life,
(h) any degradation of the quality of the environment,
(i) any risk of safety to the environment,
(j) any environmental problems associated with the disposal of waste,
(k) any cumulative environmental effect with other existing or likely future development or activities.
Development for which consent is sought pursuant to this clause must be advertised as if it were designated development.
Development that (in the absence of this clause) would be prohibited in a zone may be carried out with development consent within 20 metres of the boundary between that zone and another zone if it is permitted in the other zone either with or without development consent.
The provisions of subclause (1) do not apply to any land with a shared boundary with land within the 6a1 Public Open Space zone, 5b Arterial Road zone, 5b1 Local Road zone or 5c Main Road zone.
Land to which this plan applies that is not within a zone is called unzoned land for the purposes of this plan.
Unzoned land may be developed for any purpose with the consent of the Council, except that aquaculture is prohibited in the waters of the following lakes:
• Coila Lake
• Brunderee Lake
• Tarouga Lake
• Brou Lake
• Mummaga Lake
• Kianga Lake
• Little Lake (Narooma)
• Bullengella Lake
• Nangudga Lake
• Nargal Lake
• Corunna Lake
• Tilba Tilba Lake
• Little Lake (Tilba).
In considering whether to grant consent for development on unzoned land, the Council must consider:
(a) the zoning of adjoining land and whether or not the development would be allowed in that zone, and
(b) the impact of the proposed development on the pattern of land use in the vicinity and the amenity of the vicinity, and
(c) in the case of unzoned land that is below the mean high water mark of the ocean, an estuary, a tidal lake, an enclosed lake or a river:
(i) whether or not the proposed development would alienate the use of the waters of the ocean, estuary, lake or river from recreational uses, including recreational fishing, or from commercial fishing and, if so, whether there is sufficient area set aside in the locality for those uses to mitigate the adverse effect of the proposed development on those uses, and
(ii) the impact of the proposed development on the ecological integrity of the waterway and the ability of the waterway to continue to sustain multiple uses.
The Council must not grant consent for development on unzoned land that would be prohibited in a zone adjoining the land, unless the Council is satisfied that the development would have little or no adverse effect on the amenity of the locality and the future pattern of development of adjoining land.
For the purpose of this plan:
(a) a reference to the identity or a description of the place or premises,
(b) a reference to the identity or a description of any person residing or carrying on an occupation at the place or premises,
(c) particulars of any occupation carried on at the place or premises,
(d) such directions or cautions as are usual or necessary relating to the place or premises or the occupation carried on at the place or within the premises,
(e) particulars or notifications required or permitted to be displayed by or under any State or Commonwealth Act,
(f) particulars relating to the goods, commodities or services dealt with or provided at the place or premises,
(g) particulars of any activities held or to be held at the place or premises,
(h) a reference to an affiliation with a trade, professional or other association relevant to the business conducted at the place or premises.
(a) that contains a message that the place or premises to which it is affixed is or are for sale or letting and may also contain particulars of the sale or letting, and
(b) in the case of a place or premises consisting of or on residential land relating to sale by means other than auction or a letting, that does not exceed 1.22 metres in length or 0.915 metre in height and does not have an area greater than 1.12 square metres, and
(c) in the case of a place or premises consisting of or on residential land relating to sale by auction, that does not exceed 1.83 metres in length or 1.22 metres in height and does not have an area greater than 2.30 square metres, and
(d) in all other cases, that does not exceed 2.44 metres in length or 1.83 metres in height and does not have an area greater than 4.50 square metres.
(a) announces any local event of religious, educational, cultural, political, social or recreational character or relates to any temporary matter in connection with such an event, and
(b) does not include advertising of a commercial nature (except for the name of the event’s sponsor).
An advertisement (other than an advertisement identified as exempt development in Development Control Plan—Exempt and Complying Development, as adopted by the Council on 27 March 2001, or an advertisement prohibited by subclause (3)) may be erected on land to which this plan applies, but only with the consent of the Council. Advertisements for which consent is required include:
(a) land estate signs,
(b) business identification signs other than those identified as exempt development in Development Control Plan—Exempt and Complying Development, as adopted by the Council on 27 March 2001,
(c) advertisements placed on land for the specific purpose of directing the travelling public to places of scientific, historic, scenic or tourist interest, but only if:
(i) the advertisements relate to a building or place, and
(ii) the principal purpose of the advertisements is to direct the travelling public to that building or place, and
(iii) the size of the advertisements is not larger than would reasonably be required to direct the travelling public,
(d) internally illuminated street signs.
The following advertisements are prohibited:
(a) advertisements erected on land within a residential or open space zone, other than:
(i) advertisements identified as exempt development in Development Control Plan—Exempt and Complying Development, as adopted by the Council on 27 March 2001,
(ii) land estate signs, business identification signs, internally illuminated street signs, advertisements directing the travelling public to places of scientific, historic, scenic or tourist interest expressly allowed with consent by subclause (2), and
(iii) advertisements on bus shelters,
(b) fly posters.
(Renumbered as subclause (3))
(Renumbered as subclause (3))For the purposes of this plan,
(a) land that is susceptible to river inundation by a Probable Maximum Flood (PMF) event, or
(b) land considered by the Council to be subject to local stormwater flooding.
For the purposes of this plan,
For the purposes of this plan, the
The objectives of this plan for the development of flood prone land are:
(a) to ensure that the nature and extent of flooding or inundation hazard are taken into account prior to development taking place, and
(b) to minimise the risk of hazards to life and property from flooding and inundation without unreasonably sterilising the use of land, and
(c) to provide for flexibility in controlling development in flood prone localities so that new information or approaches to hazard management can be employed where appropriate, and
(d) to reduce private and public losses due to flooding and inundation in accordance with the Government’s Flood Prone Land Policy.
Before granting consent to development of flood prone land, the Council must consider the following:
(a) the extent and nature of the flooding or inundation hazard affecting the land,
(b) whether or not the proposed development would increase the risk of or severity of flooding or inundation affecting other land or buildings, works or other land uses in the vicinity,
(c) whether the risk of flooding or inundation affecting the proposed development could be reasonably mitigated and whether conditions should be imposed on any consent to further the objectives of this plan,
(d) the social impact of flooding on occupants, including the ability of emergency and support services to access, rescue and support residents of flood prone areas,
(e) the provisions of any Floodplain Management Plan, Interim Local Flood Policy or Development Control Plan adopted by the Council.
Regardless of any other provision of this plan, development for the purpose of residential or tourist accommodation is prohibited on mapped flood prone land zoned 3a Business within the Town of Moruya.
The objectives of this plan for land subject to coastline hazard, in accordance with the State Government’s Coastline Hazard Policy, are:
(a) to reduce the impact of coastline hazards on owners/occupiers of coastal land, and
(b) to reduce private and public losses resulting from coastline hazards, and
(c) to design developments subject to the influence of coastline hazards with due regard to the nature of the hazard, so as not to unnecessarily sterilise the use of land, and
(d) to take into account social, economic, aesthetic, recreational and ecological issues in considering uses of such land, and
(e) to provide for flexibility in controlling development in the coastal zone so that new information or approaches to hazard management can be employed where appropriate.
Before granting consent to development of land subject to coastline hazard, the Council must consider the following:
(a) the extent and nature of coastline hazard affecting the land,
(b) whether or not the proposed development would increase the risk or severity of coastline hazard affecting other land or buildings, works or other land uses in the vicinity,
(c) whether the risk of coastline hazard affecting the proposed development could be reasonably mitigated and whether conditions should be imposed on any consent to further the objectives of this plan,
(d) the provisions of any coastline management plan or relevant development control plan.
Development comprising the construction of roads and associated works, including bridges, landscaping and drainage, may be carried out without development consent if it is carried out by or on behalf of a public authority.
Maintenance and repair of an existing constructed road may be carried out without development consent.
Development comprising the construction of roads and associated works may be carried out without consent if it is ordinarily ancillary to development allowed by a development consent.
A road or other means of vehicular access which forms a junction or intersection with a main road must not be opened without the consent of the Council.
(Repealed)
The objective of this clause is to ensure that adjoining land uses do not undermine the primary role of major roads as safe and efficient traffic carriers as part of a hierarchy of roads and transport routes.
For the purposes of this clause,
• Princes Highway
• Kings Highway
• Beach Road (Batemans Bay)
• George Bass Drive
• Tomakin Road
• North Head Drive
• South Head Road
• Hector McWilliam Drive
• Mort Avenue—Dalmeny Drive
• Bermagui Road.
This clause applies to land:
(a) that has a frontage to a major road, or
(b) that relies on a major road for its sole direct means of vehicular access, or
(c) that has direct vehicular access to another road at a point less than 90 metres from that road’s intersection with a major road.
This clause does not apply to development for the purposes of a dwelling-house or dual occupancy on land to which this clause applies and referred to in subclause (3) (c).
The Council shall not consent to development on land to which this clause applies unless it is satisfied that:
(a) the development, by its nature or intensity, or the volume and type of traffic likely to be generated, is unlikely to constitute a traffic hazard or to materially reduce the capacity and efficiency of the major road, and
(b) the development is of a type, whether or not related to the characteristics of the land on which it is proposed to be carried out, that justifies a location in proximity to a major road, and
(c) the location, standard and design of access points, and on-site arrangements for vehicle movement and parking, ensure that through traffic movements on the major road are not impeded, and
(d) the development will not prejudice future improvements or realignment to a major road to be carried out by the Council, and
(e) the development will not prejudice future improvements to or realignment of a major road, particularly with regard to the number of access points to main roads, and
(f) (Repealed)
(g) access to the land will be provided by a road other than a main road, wherever practicable, and
(h) existing and predicted traffic impacts, including vehicular noise, are considered in the design and location of the development.
Land may be subdivided, but only with the consent of the Council.
Earthworks, being filling or excavating of land to the extent that existing drainage patterns or the use to which the land may be put, or both, are changed, may only be carried out with the consent of the Council.
A tree preservation order may be made by the Council by resolution and may apply to any land to which this plan applies.
A tree preservation order may require the consent of the Council to remove, lop or damage a tree or other vegetation.
A person must not remove, lop or damage a tree or other vegetation contrary to a tree preservation order that has been published in a newspaper circulating in the area of Eurobodalla.
For the purposes of this plan,
The objectives of the heritage conservation area known as the Tilba Conservation Area are:
(a) to recognise that the heritage conservation area is of heritage significance to the local government area of Eurobodalla, New South Wales and Australia, and
(b) to encourage conservation and enhancement of the heritage significance of the heritage conservation area by ensuring proper consideration is given to the effects of proposed development on that heritage significance, and
(c) to maintain mixed commercial and residential development in the main street of Central Tilba, and
(d) to provide a framework within which more detailed guidelines for development of the heritage conservation area and conservation of its heritage significance can be expressed in a development control plan.
Consent of the Council is required to:
(a) demolish, deface, damage or move a building, work, relic, tree or place within a heritage conservation area, or
(b) alter a building, work, relic, tree or place within a heritage conservation area by making structural changes to its exterior, or
(c) alter a building, work, relic, tree or place within a heritage conservation area by making non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect its heritage significance, or
(d) erect a building on, or subdivide land within a heritage conservation area.
Development consent is not required by this clause if the Council is of the opinion that the proposed development would not adversely affect the heritage significance of the heritage conservation area concerned.
In assessing an application for consent required by subclause (1), the Council must take into account the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage conservation area concerned.
The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
Land in the 3a Business zone within a heritage conservation area may be developed for the purpose of a dwelling-house, but only with the consent of the Council.
Consent of the Council is required to:
(a) demolish, deface, damage or move a heritage item, or
(b) alter a heritage item by making structural changes to its exterior, or
(c) alter a heritage item by making non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect its heritage significance, or
(d) move a relic, or excavate land for the purpose of discovering, exposing or moving a relic, or
(e) erect a building on, or subdivide, land on which a heritage item is located.
Development consent is not required by this clause if the Council is of the opinion that the proposed development would not adversely affect the heritage significance of the heritage item.
In assessing an application for consent required by this clause, the Council must take into account the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item.
Any development application for a proposal to demolish, deface or damage a heritage item or a building, work, relic, tree or place within a heritage conservation area must be advertised as if it were for consent for designated development.
(Repealed)
The Council may grant consent to the carrying out of development on an archaeological site that has Aboriginal heritage significance or a potential archaeological site that is reasonably likely to have Aboriginal heritage significance only if:
(a) it has considered an assessment of how the development would affect the conservation of the site and any relic known or reasonably likely to be located at the site prepared in accordance with any guidelines for the time being notified by the Director-General of the National Parks and Wildlife Service, and
(b) except where the proposed development is integrated development, it has notified the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and taken into consideration any comments received in response within 21 days after the notice was sent, and
(c) it is satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted.
The Council may grant consent to the carrying out of development on an archaeological site that has non-Aboriginal heritage significance or a potential archaeological site that is reasonably likely to have non-Aboriginal heritage significance only if:
(a) it has considered an assessment of how the proposed development would affect the conservation of the site, and any relic known or reasonably likely to be located at the site, prepared in accordance with any guidelines for the time being notified to it by the Heritage Council, and
(b) (Repealed)
(c) it is satisfied that any necessary excavation permit requested by the Heritage Act 1977 has been granted.
Regardless of the other provisions of this plan, the Council may grant consent to the use of a building that is a heritage item, the use of a building in a heritage conservation area or the use of the land on which any such building is sited, for any purpose, if the Council is satisfied that:
(a) the use would have little or no adverse effect on the amenity of the area, and
(b) conservation of the building depends on the Council granting consent to the proposed use.
The Council, when considering an application to erect a building on land on which there is a building which is a heritage item, may exclude the item from its calculations for the purposes of:
(a) determining floor space ratio, and
(b) determining the number of parking spaces to be provided on site, and
(c) calculating contributions under section 94 of the Environmental Planning and Assessment Act 1979, if the relevant contributions plan adopted by the Council so provides,
but only if the Council is satisfied that the conservation of the building depends on the Council’s making the exclusion.
The following buildings, works, relics, trees or places are heritage items, and archaeological sites or potential archaeological sites, within the meaning of this plan.
1 | Description: | Museum/former court house and police station |
Location: | Lot 101, DP 1001026, 3 Museum Place | |
2 | Description: | Roman Catholic Cemetery |
Location: | Lot 13, Section 4, DP 758064 and Lot 1, DP 126112, 1 Bent Street | |
3 | Description: | Presbyterian Cemetery |
Location: | Lot 1, DP 740584, 2A Beach Road | |
4 | Description: | Teacher’s residence |
Location: | Lot 2, DP 817820, 8 Beach Road | |
5 | Description: | CWA Hall/former public school |
Location: | Lot 31, DP 861414, 10 Beach Road | |
6 | Description: | Bay View Hotel |
Location: | Lot 11, DP 740977, 20 Orient Street | |
7 | Description: | Coal bunker wharf |
Location: | Lot 7030, DP 755902, Clyde Street and adjacent to Clyde River | |
8 | Description: | The boatshed and jetty |
Location: | Lot 300, DP 755902, 1c Clyde Street and adjacent to Clyde River | |
1 | Description: | St Edmunds and Our Lady Star of the Sea Catholic Church |
Location: | Part Lot 21, DP 752131, 162 Princes Highway | |
2 | Description: | All Saints Anglican Church |
Location: | Part Lot 21, DP 752131, 48 Princes Highway | |
3 | Description: | Post office and residence |
Location: | Lot 1, DP 997476, 66A Princes Highway | |
4 | Description: | Police Station and lock-up |
Location: | Lot 1, DP 176147, 96–100 Princes Highway | |
5 | Description: | Bodalla Arms Hotel |
Location: | Part Lot 29, DP 13566, 79 Princes Highway | |
6 | Description: | School residence, including washhouse and private yard |
Location: | DP 74029, 7 Eurobodalla Road | |
7 | Description: | Shop/former Commercial Bank of Australia |
Location: | Part Lot 29, DP 13566, 79 Princes Highway | |
8 | Description: | Residence/former Catholic Presbytery |
Location: | Lot 30, DP 561292, 157 Princes Highway | |
9 | Description: | Bakery Oven, Bodalla Bakery |
Location: | Lot 44, DP 13566, 66 Princes Highway | |
10 | Description: | Residence/former Bodalla Company Estate, doctor’s/manager’s residence |
Location: | Lot 86, DP 584733, 84 Princes Highway | |
1 | Description: | Mrs Abraham Maleber’s Grave |
Location: | DP 758168, Albert Street, Broulee Island | |
2 | Description: | Erin-Go-Bragh Hotel site |
Location: | DP 758168, Albert Street, Broulee Island | |
3 | Description: | Rail tracks on former jetty |
Location: | DP 758168, Albert Street, Broulee Island | |
1 | Description: | School of Arts (Little Hall) |
Location: | Lot 1, DP 919316 and Lot 1, DP 919977, 3A Bate Street | |
2 | Description: | School of Arts (Large Hall) |
Location: | Lot 16, Section 3, DP 3166, 3A Bate Street | |
3 | Description: | Craft shop/former general store |
Location: | Lot 12, Section 3, DP 3166, 11 Bate Street | |
4 | Description: | House/former slab residence |
Location: | Lot 11, Section 3, DP 3166, 13 Bate Street | |
5 | Description: | “Nachanuka” shop and residence/former butcher’s shop and curtilage |
Location: | Lots 3–5, Section 3, DP 3166, 25–29 Bate Street | |
6 | Description: | ABC Cheese Factory |
Location: | Lot 120, DP 789836, 37 Bate Street | |
7 | Description: | Dromedary Hotel |
Location: | Lot 1, Section 2, DP 3166, 14 Bate Street | |
8 | Description: | Bates’ General Store |
Location: | Lot 6, Section 2, DP 3166, 2 Bate Street | |
9 | Description: | War Memorial |
Location: | Road reserve adjacent to 2 Bate Street | |
1 | Description: | Roman Catholic Church |
Location: | Lot 214, DP 25668, 26 Lonsdale Parade | |
1 | Description: | World War II Radar Station Number 17 |
Location: | Part Reserve 20853, DP 755902, Burri Point Road, Burrewarra Point Reserve | |
1 | Description: | Cottage |
Location: | Lot 581, DP 740411, 37 Sydney Street | |
2 | Description: | Residence and shop |
Location: | Lot 45, DP 771699, 25 Sydney Street | |
3 | Description: | Pottery/former Catholic Church |
Location: | Lot 70, DP 755902, 22–24 Sydney Street | |
4 | Description: | Studio and gallery/former residence |
Location: | Lot 761, DP 807011, 34–36 Sydney Street | |
5 | Description: | Nursery/former Diggers Store |
Location: | Lot 1, Section 6, DP 758688, 42 Sydney Street | |
6 | Description: | Shop/former post office |
Location: | Lot 2, Section 6, DP 758688, 44 Sydney Street | |
1 | Description: | St John’s Anglican Church Group, comprising church and rectory |
Location: | Lot 2, Section 21, DP 758710, Lots 1–3, DP 861020, Page, Campbell and Foreman Streets | |
2 | Description: | Bed and Breakfast/former post office |
Location: | Lot 111, DP 814792, 52 Campbell Street | |
3 | Description: | Former Shire offices |
Location: | Lot 1, Section 28, DP 758710, 67–71 Campbell Street | |
4 | Description: | Residence |
Location: | Lot 11, DP 998655, 55 Campbell Street | |
5 | Description: | Emmott House and Gibson House |
Location: | Lots 1 and 2, DP 608571, 85–87 Campbell Street | |
6 | Description: | Former Mechanics Institute |
Location: | Lot 52, DP 738419, 13 Page Street | |
7 | Description: | Newsagent/stationary shop |
Location: | Lots 1 and 2, DP 1017071, 42 Vulcan Street | |
8 | Description: | Sundial |
Location: | Lot 3, DP 608571, Vulcan Street | |
9 | Description: | Court House |
Location: | Lot 9, Section 11, DP 758710, 65 Vulcan Street | |
10 | Description: | Residence/former watch-house |
Location: | Part Reserve 85760, Lot 701, DP 1019731, 3 Page Street | |
11 | Description: | Sacred Heart Catholic Church and St Mary’s Convent Group, comprising church, presbytery, convent and primary school |
Location: | Lots 1 and 2, Section 11, DP 758710, Page Street and Lot 3, Section 11, DP 758710, Queen Street | |
12 | Description: | Public School |
Location: | Lot 1, DP 740640, 16–28 Evans Street | |
13 | Description: | St Stephens Presbyterian Church |
Location: | Lot 1, DP 125447, Lot 11, Section 26, DP 758710, 31 Evans Street | |
14 | Description: | Cemeteries |
Location: | Lots 1–3, Section 45, DP 752151, Reserve 34832, Kiora Street | |
15 | Description: | Adelaide Hotel |
Location: | Lot 1, DP 826354, 36–38 Vulcan Street | |
16 | Description: | Store/former “Merchant of Moruya” and “Moruya Examiner” building |
Location: | Lot 22, DP 543431, 58 Campbell Street | |
17 | Description: | Air Raid Tavern/former Keatings Hotel site |
Location: | Lot 10, DP 711342, 73 Vulcan Street | |
18 | Description: | Residence/former cheese factory |
Location: | Lot 1, DP 1047608, 57 Hawdon Street | |
19 | Description: | Uniting Church |
Location: | Lot 2, DP 17507, 7 Page Street | |
20 | Description: | Womens’ Refuge/former Club House Hotel |
Location: | Lot 16, DP 774456, 43 Queen Street | |
21 | Description: | Vivian Cottage |
Location: | Lot 41, DP 610525, 60 Campbell Street | |
22 | Description: | Residence/former Gundary Hotel |
Location: | Lot 1, DP 125177, 63 Hawdon Street | |
23 | Description: | Professional offices/former Commonwealth Bank |
Location: | Lot 2, DP 807857, 51 Vulcan Street | |
24 | Description: | Newspaper office/former powerhouse |
Location: | Lot 1, DP 999817, 10 Page Street | |
25 | Description: | Residence |
Location: | Lot 20, DP 580660, 29 Evans Street | |
26 | Description: | Residence |
Location: | Lot 1, DP 745402, 19 Page Street | |
27 | Description: | Residence |
Location: | Lot 1, DP 782787, 21 Page Street | |
28 | Description: | Prospect residence |
Location: | Lot 22, DP 543431, 56 Campbell Street |
(r) by inserting after clause 14 (7) the following subclause:
(7A) The Council may consent to the erection of a dwelling-house on land within Zone No 1 (a1) on which no other dwelling-house is erected, being land shown on the map as “Land to which clause 14 (7A) of Eurobodalla Rural Local Environmental Plan 1987 applies”.
(s) by omitting from clause 14 (10) the words “the appointed day” and by inserting instead the matter “11 December 1987”,
(t) by inserting in clause 14A after the matter “1 (a),” the matter “1 (a1),”,
(u) by inserting in clause 15 (1) after the matter “1 (a)” the matter “, 1 (a1)”,
(v) by inserting in clause 21 (1) after the matter “1 (a)” the matter “, 1 (a1)”,
(w) by omitting clause 29,
(x) by omitting from Schedule 2 the word “
and ” and by inserting instead the matter “, 1 (a1) or ”,(y) by inserting at the end of Schedule 3 the following items:
8 Lots 1–6, DP 708709, Congo, Parish of Congo.
9 Lots 1 and 2, DP 875573, Myamba Parade, Surfside.
(z) by inserting at the end of Schedule 4 the following words:
Portion 12, Parish of Buckenbowra—multiple occupancy comprising not more than four dwellings or dwelling-houses.
(Clause 78)
Column 1 | Column 2 |
Locality | Description |
Column 1 | Column 2 | Column 3 |
Locality | Description | Any trusts etc not discharged |
Corrigan Crescent | Lot 2, DP 789121 | Nil. |
Edward Road | Lots 1 and 3, DP 734916 | Nil. |
John Street | Part of Lot 100, DP 29032, as shown edged heavy black on Sheet 2 of the map marked “Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 19)” | Nil. |
Beach Road | Lot 11, DP 711474 | Nil. |
2A Beach Road | Lot 1, DP 740584 | Nil. |
15 Beach Road | Lot 1, DP 628982 | Nil. |
Flora Crescent | Lot 2, DP 261619 | Nil. |
72 Golf Links Drive | Lot 80, DP 31086 | Nil. |
Orient Street | Lot 3, DP 603159 | Nil. |
Orient Street | Lot 1, DP 711075 | Nil. |
36 Orient Street | Lot 1, DP 121366 | Nil. |
38 Orient Street | Lot 24, Section 4, DP 758064 | Nil. |
54 Orient Street | Lot 40, Section 4, DP 758064 | Nil. |
55A Orient Street | Lot 42, DP 613326 | Nil. |
109 Princes Highway | Lot 13, DP 263277 | Nil. |
46 Corkhill Drive | Lot 1, DP 874575 | Nil. |
Goolara Avenue | Part of Lot 21, DP 264293, as shown edged heavy black on Sheet 2 of the map marked “Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 19)” | Nil. |
Tallawang Avenue | Part of Lot 11, DP 22787, as shown edged heavy black on Sheet 2 of the map marked “Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 19)” | Nil. |
30 Campbell Street | Lot 11, Section 22, DP 758710 | Nil. |
Church Street | Lot 1, DP 807857 | Nil. |
Church Street | Lot 1, DP 825980 | Nil. |
Church Street | Lot 45, DP 702686 | Nil. |
Ford Street | Lots 203–205, DP 855112 | Nil. |
Princes Highway | Lot 2, DP 715453 | Nil. |
63 Queen Street | Lot 85, DP 842670 | Nil. |
69A Queen Street | Lot 831, DP 819571 | Nil. |
Vulcan Street | Lot 86, DP 717693 | Nil. |
42 Annetts Parade | Lot 296, DP 15396 | Nil. |
Field Street | Lot 913, DP 821427 | Nil. |
15 Runnyford Road | Part of Lot 113, DP 238007, as shown edged heavy black on Sheet 3 of the map marked “Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 19)” | Nil. |
Penthouse Place | Lot 28, DP 244134 | Nil. |
33A Hillcrest Avenue | Lot 1, DP 379832 | Nil. |
13 Pleasurelea Drive | Lot 7, DP 215957 | Nil. |
Beach Road | Part of Lot 123, DP 243186, as shown edged heavy black on Sheet 2 of the map marked “Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 19)” | Nil. |
Timbara Crescent | Part of Lot 3, DP 1044536, as shown edged heavy black on Sheet 1 of the map marked “Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 19)” | Nil. |
Timbara Crescent | Lot 900, DP 214160 | Nil. |
Drake Street | Part of Lot 1, DP 720069, as shown edged heavy black on Sheet 3 of the map marked “Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 19)” | Nil. |
Hood Crescent | Lot 1, DP 504784 | Nil. |
12 Hood Crescent | Lot 3, DP 529919 | Nil. |
Trafalgar Road | Part of Lot 18, DP 22825, as shown edged heavy black on Sheet 3 of the map marked “Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 19)” | Nil. |
Trafalgar Road | Part of Lot 1, DP 546850, as shown edged heavy black on Sheet 3 of the map marked “Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 19)” | Nil. |
Trafalgar Road | Part of Lot 177, DP 15425, as shown edged heavy black on Sheet 3 of the map marked “Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 19)” | Nil. |
Column 1 | Column 2 |
Locality | Description |
(Clause 5 (1))
(a) cultivating fruit, vegetable or other food, fibre or flower crops for commercial purposes, or
(b) keeping or breeding livestock, bees or poultry or other birds for commercial food, fibre or leather production, or
(c) cultivating plants in a wholesale plant nursery for commercial purposes,
but does not include aquaculture.
(a) where accommodation, meals and laundry facilities are provided to the residents of the building or place, and
(b) which is the principal place of residence of the majority of those residents, and
(c) which is not licensed to sell liquor under the Liquor Act 1982.
(a) a large area for handling, storage or display, or
(b) direct vehicular access to the site of the building or place by members of the public, for the purpose of loading items into their vehicles after purchase,
but does not include a building or place used for the sale of human foodstuffs or clothing.
(a) caters for 6 or more children at any one time, whether or not those children are related to the operator of the building or place, and
(b) may include an educational function, and
(c) may operate for gain,
but does not include a building or place providing residential care for children who are not related to the operator of the building or place.
(a) an art gallery or museum, where the items displayed are not exhibited for the purpose of sale, and
(b) a school, and
(c) a college, TAFE establishment, technical college, academy, religious seminary, university or specialised tertiary institution constituted by or under an Act,
and includes any ancillary residential accommodation for students or staff, but does not include an institution or child care centre.
(a) the winning of extractive material, or
(b) an undertaking, not being a mine, which depends for its operation on the winning of extractive material from the land on which it is carried on, and includes any washing, crushing, grinding, milling or separating into different sizes of that extractive material on that land.
(a) the business is undertaken by the permanent residents of the dwelling or dwelling-house, and
(b) not more than one non-resident employee is employed on the premises at any one time, and
(c) only goods or products manufactured on the premises are sold on the premises directly to the public, and
(d) the use does not interfere with the amenity of adjoining properties or the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise.
(a) any manufacturing process within the meaning of the Factories, Shops and Industries Act 1962,
(b) the breaking up or dismantling of any goods or any article for trade, sale or gain or as ancillary to any business,
but does not include an extractive industry, junkyard or waste collection centre.
(a) the subdivision of land into 3 or more allotments, and
(b) the erection of a single dwelling-house on each of the allotments created by that subdivision.
(a) for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods, or
(b) for the collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of any parts of such automobiles, vehicles or machinery,
but does not include a waste collection centre.
(a) within 3 metres of the boundary of land in different ownership, or
(b) on an allotment or portion of land with an area of less than 5,000 square metres, or
(c) where the area of land to be cleared in any 12-month period is less than 1,000 square metres.
The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.
• Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 6)
• Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 8)
• Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 10)
• Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 13)
• Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 16)
• Eurobodalla Urban Local Environmental Plan 1999 (Amendment No 19)—Sheets 1 and 2
(a) facilities on the same or adjoining land for the repair, maintenance and fuelling of, or the provision of supplies, accessories and parts for, boats or boating enthusiasts, or
(b) ancillary slipways, or
(c) boatsheds, or
(d) ancillary tourist accommodation and restaurants.
(a) the winning of any metal or mineral is carried out, or
(b) an undertaking, not being an extractive industry, is carried on which depends for its operation on the winning of any metal or mineral from the land on which it is carried on, and includes any land used for associated storage, crushing or other treatment.
(a) railway, road transport, water transport, air transport, wharf or river undertakings,
(b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services.
(c) (Repealed)
(a) a children’s playground, or
(b) an area used for sporting activities or sporting facilities, or
(c) an area used by a public authority to provide recreational facilities for the physical, cultural or intellectual welfare of the community, or
(d) an area used by a body of persons associated together for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes,
but does not include a racecourse, showground or registered club.
(a) the use or settlement of the local government area of Eurobodalla, not being Aboriginal habitation, which is more than 50 years old, or
(b) Aboriginal habitation of the local government area of Eurobodalla either before or after its occupation by persons of European extraction.
(a) a public road within the meaning of the Roads Act 1993, or
(b) a private road within the meaning of the Roads Act 1993, or
(c) a carriageway on private land providing access to more than one property,
and includes a carriageway, footway, bicycle path, bridle trail and anything included as being a road within the meaning of the Roads Act 1993.
(a) the sale by retail of spare parts and accessories for motor vehicles,
(b) washing and greasing of motor vehicles,
(c) installation of accessories,
(d) servicing and repairs of motor vehicles, but not body building, panel beating, spray painting, or chassis realignment,
(e) a general store.
(a) the space between two floors, or
(b) the space between a floor and any ceiling or roof immediately above it, or
(c) foundation areas, garages, workshops, storerooms and the like, where the height between natural ground level and the top of the floor immediately above them is 1.5 metres or more.
(a) any part of the infrastructure of a telecommunications network, or
(b) any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or for use, in or in connection with a telecommunications network,
but does not include facilities listed in the schedule to the Telecommunications (Low-impact Facilities) Determination 1997 of the Commonwealth.
(a) a bed and breakfast establishment, or
(b) a caravan park, or
(c) a hotel, or
(d) a dwelling-house or dwelling let casually for holiday accommodation where there is only one dwelling-house on the land or the dwelling is part of a dual occupancy.
(a) pending their sale and distribution to persons engaged in the retail trade, or
(b) on a casual or hire basis,
and includes any ancillary showroom.
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