Gosford Local Environmental Plan 2014 (NSW)

Case
No judgment structure available for this case.

Does not include amendments by—

Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021 (650), Sch 3 (not commenced — to commence on 1.12.2022)

See also—

Planning Legislation Amendment Bill 2019

Repeal—

This Plan was repealed by Central Coast Local Environmental Plan 2022 (308), cl 1.8(1) with effect from 1.8.2022.

Maps: Am 2014 (250), cl 4; 2014 (345), cl 4; 2014 (471), cl 4; 2014 (614), cl 4; 2014 (820), cl 4; 2015 (51), cl 4; 2015 (64), cl 4; 2015 (150), cl 4; 2015 (176), cl 4; 2015 (547), cl 4; 2015 (573), cl 4; 2015 (677), cl 4; 2015 (700), cl 4; 2015 (701), cl 4; 2016 (20), cl 4; 2016 (21), cl 4; 2016 (69), cl 4; 2016 (522), cl 4; 2016 (815), cl 4; 2017 (393), cl 4; 2017 (406), cl 4; 2017 (407), cl 4; 2017 (585), cl 4; 2018 (116), cl 4; 2018 (342), cl 4; 2018 (343), cl 4; 2018 (632), cl 4; 2020 (113), cl 4; 2020 (184), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.

Part 1Preliminary1.1Name of Plan

This Plan is Gosford Local Environmental Plan 2014.

1.1AACommencement

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

1.2Aims of Plan(1)

This Plan aims to make local environmental planning provisions for land in that part of the Central Coast local government area to which this Plan applies (in this Plan referred to as Gosford) in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.

(2)

The particular aims of this Plan are as follows—

  • (aa)

    to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,

  • (a)

    to encourage a range of housing, employment, recreation and services to meet the needs of existing and future residents of Gosford,

  • (b)

    to foster economic, environmental and social well being so that Gosford continues to develop as a sustainable and prosperous place to live, work and visit,

  • (c)

    to provide community and recreation facilities, maintain suitable amenities and offer a variety of quality lifestyle opportunities to a diverse population,

  • (d)

    (Repealed)

  • (e)

    to concentrate intensive land uses and trip-generating activities in locations that are most accessible to transport and centres,

  • (f)

    to promote the efficient and equitable provision of public services, infrastructure and amenities,

  • (g)

    to conserve, protect and enhance the environmental and cultural heritage of Gosford,

  • (h)

    to protect and enhance the natural environment in Gosford, incorporating ecologically sustainable development,

  • (i)

    to minimise risk to the community in areas subject to environmental hazards, particularly flooding and bush fires,

  • (j)

    to promote a high standard of urban design that responds appropriately to the existing or desired future character of areas,

  • (k)

    to promote design principles in all development to improve the safety, accessibility, health and well being of residents and visitors,

  • (l)

    to encourage the development of sustainable tourism that is compatible with the surrounding environment.

cl 1.2: Am 2017 (393), Sch 1 [1]; 2018 (591), Sch 3.1 [1].

1.3Land to which Plan applies(1)

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

(1A)

Despite subclause (1), this Plan does not apply to the following land identified on the Land Application Map

  • (a)

    the land identified as “Deferred Matter”,

  • (b)

    the land identified as “Gosford City Centre”.

Note—

See State Environmental Planning Policy (Precincts—Regional) 2021, Chapter 5 for provisions applying to Gosford City Centre.

cl 1.3: Am 2018 (591), Sch 3.1 [2]; 2022 (72), Sch 1.18[1].

1.4Definitions

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

1.5Notes

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

1.6Consent authority

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

1.7Maps(1)

A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—

  • (a)

    approved by the local plan-making authority when the map is adopted, and

  • (b)

    as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.

(1AA)

(Repealed)

(2)

Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.

(3)

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

(4)

For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.

Note—

The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.

1.8Repeal of planning instruments applying to land(1)

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

Note—

The following local environmental plans are repealed under this provision—

  • Gosford City Centre Local Environmental Plan 2005

  • Gosford City Centre Local Environmental Plan 2007

  • Gosford Local Environmental Plan No 22

  • Hornsby Planning Scheme Ordinance

(2)

All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.

Note—

While Gosford Planning Scheme Ordinance and Interim Development Order No 122—Gosford no longer apply to the land to which this Plan applies, they will continue to apply to the land identified as “Deferred Matter” under clause 1.3(1A).

1.8ASavings provision relating to development applications

If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.

Note—

However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.

cl 1.8A: Am 2019 (621), Sch 5[1].

1.9Application of SEPPs(1)

This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.

(2)

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

(2A)

(Repealed)

cl 1.9: Am 2018 (591), Sch 3.1 [3].

1.9ASuspension of covenants, agreements and instruments(1)

For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(2)

This clause does not apply—

  • (a)

    to a covenant imposed by the Council or that the Council requires to be imposed, or

  • (b)

    to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or

  • (c)

    to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or

  • (d)

    to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or

  • (e)

    to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or

  • (f)

    to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or

  • (g)

    to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.

(3)

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

(4)

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

cl 1.9A: Am 2019 (621), Sch 5[2]–[4].

Part 2Permitted or prohibited development2.1Land use zones

The land use zones under this Plan are as follows—

  • Rural Zones

    RU1 Primary Production

    RU2 Rural Landscape

    RU3 Forestry

    RU5 Village

  • Residential Zones

    R1 General Residential

    R2 Low Density Residential

  • Business Zones

    B1 Neighbourhood Centre

    B2 Local Centre

    B3 Commercial Core

    B4 Mixed Use

    B5 Business Development

    B6 Enterprise Corridor

  • Industrial Zones

    IN1 General Industrial

    IN4 Working Waterfront

  • Special Purpose Zones

    SP1 Special Activities

    SP2 Infrastructure

  • Recreation Zones

    RE1 Public Recreation

    RE2 Private Recreation

  • Conservation Zones

    C1 National Parks and Nature Reserves

    C2 Environmental Conservation

    C3 Environmental Management

    C4 Environmental Living

  • Waterway Zones

    W1 Natural Waterways

    W2 Recreational Waterways

2.2Zoning of land to which Plan applies

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

2.3Zone objectives and Land Use Table(1)

The Land Use Table at the end of this Part specifies for each zone—

  • (a)

    the objectives for development, and

  • (b)

    development that may be carried out without development consent, and

  • (c)

    development that may be carried out only with development consent, and

  • (d)

    development that is prohibited.

(2)

The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.

(3)

In the Land Use Table at the end of this Part—

  • (a)

    a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and

  • (b)

    a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.

(4)

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

Notes—

Schedule 1 sets out additional permitted uses for particular land.

Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.

Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).

Clause 2.6 requires consent for subdivision of land.

Part 5 contains other provisions which require consent for particular development.

2.4Unzoned land(1)

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

(2)

In deciding whether to grant development consent, the consent authority—

  • (a)

    must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and

  • (b)

    must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.

2.5Additional permitted uses for particular land(1)

Development on particular land that is described or referred to in Schedule 1 may be carried out—

  • (a)

    with development consent, or

  • (b)

    if the Schedule so provides—without development consent,

in accordance with the conditions (if any) specified in that Schedule in relation to that development.

(2)

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

2.6Subdivision—consent requirements(1)

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

Notes—

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

Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.

(2)

Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.

Note—

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

2.7Demolition requires development consent

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

Note—

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

2.8Temporary use of land(1)

The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2)

Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 28 days (whether or not consecutive days) in any period of 12 months.

(3)

Development consent must not be granted unless the consent authority is satisfied that—

  • (a)

    the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and

  • (b)

    the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

  • (c)

    the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

  • (d)

    at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4)

Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.

(5)

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

cl 2.8: Am 2015 (756), Sch 1 [1].

Note—

State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—

  • State Environmental Planning Policy (Housing) 2021

  • State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems

  • State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2

  • State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3

  • State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 7

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

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

Land Use tbl: Am 2015 (32), cl 4 (1) (2); 2015 (150), Sch 1 [1]; 2015 (756), Sch 1 [2]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2018 (591), Sch 3.1 [4] [5]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3; 2022 (314), Sch 1.

Zone RU1Primary Production1Objectives of zone
  • To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

  • To encourage diversity in primary industry enterprises and systems appropriate for the area.

  • To minimise the fragmentation and alienation of resource lands.

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

  • To ensure that development is compatible with the desired future character within the zone.

  • To protect biodiversity, water catchments, water quality, soil conditions and important ecosystems, such as streams (and associated riparian areas), sedgelands, estuaries and wetlands, from inappropriate development and land management practices.

  • To ensure that the plateau remains free from land uses that may sterilise sustainable primary production and natural resource use and to minimise potential incompatible land uses.

2Permitted without consent

Extensive agriculture; Home occupations; Horticulture; Viticulture

3Permitted with consent

Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Dwelling houses; Environmental protection works; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Garden centres; Home-based child care; Intensive livestock agriculture; Intensive plant agriculture; Landscaping material supplies; Open cut mining; Plant nurseries; Recreation areas; Roads; Roadside stalls; Rural industries; Rural workers’ dwellings; Secondary dwellings; Veterinary hospitals; Water storage facilities

4Prohibited

Any development not specified in item 2 or 3

Zone RU2Rural Landscape1Objectives of zone
  • To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

  • To maintain the rural landscape character of the land.

  • To provide for a range of compatible land uses, including extensive agriculture.

  • To promote development that can be carried out in a manner that minimises risk from natural hazards, functions efficiently, does not prejudice other economic development and does not significantly detract from the aesthetic or conservation quality of land.

  • To promote ecologically, socially and economically sustainable development and the need for, and value of, biodiversity in Gosford.

  • To ensure that development is compatible with the desired future character of the zone.

  • To permit development that will not place undue demands on existing infrastructure.

2Permitted without consent

Extensive agriculture; Home occupations; Recreation areas

3Permitted with consent

Agriculture; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Dwelling houses; Environmental protection works; Extractive industries; Farm buildings; Farm stay accommodation; Garden centres; Home-based child care; Home industries; Landscaping material supplies; Open cut mining; Plant nurseries; Recreation facilities (outdoor); Roads; Roadside stalls; Secondary dwellings; Veterinary hospitals; Water storage facilities

4Prohibited

Any development not specified in item 2 or 3

Zone RU3Forestry1Objectives of zone
  • To enable development for forestry purposes.

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

  • To recognise the environmental values of State forests in Gosford.

2Permitted without consent

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

3Permitted with consent

Aquaculture; Roads

4Prohibited

Any development not specified in item 2 or 3

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

  • To permit development that will not place undue demands on existing infrastructure.

  • To promote ecologically, socially and economically sustainable development.

  • To ensure that development is compatible with the desired future character within the zone.

2Permitted without consent

Home occupations; Roads

3Permitted with consent

Business premises; Centre-based child care facilities; Community facilities; Dwelling houses; Extensive agriculture; Horticulture; Information and education facilities; Light industries; Local distribution premises; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Retail premises; Rural industries; Schools; Service stations; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Veterinary hospitals

4Prohibited

Any other development not specified in item 2 or 3

Zone R1General Residential1Objectives of zone
  • To provide for the housing needs of the community.

  • To provide for a variety of housing types and densities.

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

  • To ensure that development is compatible with the desired future character of the zone.

  • To promote best practice in the design of multi dwelling housing and other similar types of development.

  • To ensure that non-residential uses do not adversely affect residential amenity or place demands on services beyond the level reasonably required for multi dwelling housing or other similar types of development.

2Permitted without consent

Home occupations; Recreation areas

3Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Car parks; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Group homes; Home-based child care; Hostels; Hotel or motel accommodation; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Tank-based aquaculture

4Prohibited

Any development not specified in item 2 or 3

Zone R2Low Density Residential1Objectives of zone
  • To provide for the housing needs of the community within a low density residential environment.

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

  • To ensure that development is compatible with the desired future character of the zone.

  • To encourage best practice in the design of low-density residential development.

  • To promote ecologically, socially and economically sustainable development and the need for, and value of, biodiversity in Gosford.

  • To ensure that non-residential land uses do not adversely affect residential amenity or place demands on services beyond the level reasonably required for low-density housing.

2Permitted without consent

Home occupations; Recreation areas

3Permitted with consent

Bed and breakfast accommodation; Boat sheds; Centre-based child care facilities; Community facilities; Dwelling houses; Group homes; Home-based child care; Home industries; Hospitals; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Respite day care centres; Roads; Secondary dwellings; Seniors housing; Tank-based aquaculture

4Prohibited

Any development not specified in item 2 or 3

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

  • To allow for an increased residential population in neighbourhood centres where land is not required to serve local needs.

  • To ensure that development is compatible with the desired future character of the zone.

  • To promote ecologically, socially and economically sustainable development.

  • To ensure that local nodes and neighbourhood centres are recognised as small-scale centres that provide a range of services and facilities commensurate with their local population catchments and that development is of a scale that is appropriate to meet local needs.

  • To encourage residential development as either stand alone development or as part of mixed use development in local nodes and neighbourhood centres, while retaining opportunities for retail and service activities to serve the population in the immediate locality.

2Permitted without consent

Recreation areas; Roads

3Permitted with consent

Boarding houses; Business premises; Centre-based child care facilities; Community facilities; Dwelling houses; Medical centres; Neighbourhood shops; Neighbourhood supermarkets; Oyster aquaculture; Residential flat buildings; Respite day care centres; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 4

4Prohibited

Agriculture; Air transport facilities; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Freight transport facilities; Function centres; Garden centres; Hardware and building supplies; Heavy industrial storage establishments; Highway service centres; Home-based child care; Home businesses; Home occupations (sex services); Hospitals; Industrial retail outlets; Industries; Information and education facilities; Landscaping material supplies; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Places of public worship; Plant nurseries; Pond-based aquaculture Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Restricted premises; Rural industries; Rural supplies; Service stations; Sewage treatment plants; Sex services premises; Specialised retail premises; Storage premises; Timber yards; Tourist and visitor accommodation; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wholesale supplies

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

  • To encourage employment opportunities in accessible locations.

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

  • To provide for residential uses, but only as part of a mixed use development.

  • To ensure that development is compatible with the desired future character of the zone.

  • To promote ecologically, socially and economically sustainable development.

  • To ensure that the town centres of Erina and Woy Woy are recognised as providing a higher level, and greater diversity, of services and facilities to serve a wide population catchment from numerous localities and as key public transport nodes, secondary to Gosford City Centre.

  • To ensure that village centres such as Avoca, East Gosford, Ettalong Beach, Kincumber, Lisarow, Niagara Park, Terrigal, Umina Beach, West Gosford and Wyoming are recognised as providing a broad range of services and facilities to serve the population of the locality.

  • To ensure that villages are recognised as providing local level services and facilities and are developed at a scale that reflects their population catchment and as a focus for public transport routes.

  • To ensure that the different roles of villages are recognised with some villages being key tourist destinations with boutique activities in addition to serving the needs of local residents, while other villages are purpose-built centres to serve the needs of the local population.

  • To encourage the residential population of villages and town centres to contribute to the vitality of those locations.

2Permitted without consent

Recreation areas

3Permitted with consent

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

4Prohibited

Agriculture; Air transport facilities; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Home-based child care; Home businesses; Home occupations (sex services); Industrial retail outlets; Industries; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Sewage treatment plants; Sex services premises; Storage premises; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wholesale supplies

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

  • To encourage appropriate employment opportunities in accessible locations.

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

  • To encourage a diverse and compatible range of activities, including commercial and retail development, cultural and entertainment facilities, tourism, leisure and recreation facilities and social, education and health services.

  • To provide for residential uses if compatible with neighbouring uses and employment opportunities.

  • To provide for the retention and creation of view corridors.

2Permitted without consent

Nil

3Permitted with consent

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

4Prohibited

Agriculture; Air transport facilities; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industrial retail outlets; Industries; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Service stations; Sewage treatment plants; Storage premises; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wholesale supplies

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

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

  • To encourage a diverse and compatible range of activities, including commercial and retail development, cultural and entertainment facilities, tourism, leisure and recreation facilities, social, education and health services and higher density residential development.

  • To allow development in Point Frederick to take advantage of and retain view corridors while avoiding a continuous built edge along the waterfront.

  • To enliven the Gosford waterfront by allowing a wide range of commercial, retail and residential activities immediately adjacent to it and increase opportunities for more interaction between public and private domains.

2Permitted without consent

Nil

3Permitted with consent

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

4Prohibited

Agriculture; Air transport facilities; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Electricity generating works; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Freight transport facilities; Group homes (transitional); Heavy industrial storage establishments; Highway service centres; Home-based child care; Home businesses; Home occupations (sex services); Hospitals; Hostels; Industrial retail outlets; Industries; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture Recreation facilities (major); Recreation facilities (outdoor); Research stations; Resource recovery facilities; Rural industries; Rural workers’ dwellings; Secondary dwellings; Semi-detached dwellings; Service stations; Sewage treatment plants; Sex services premises; Storage premises; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wholesale supplies

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

  • To ensure that development is compatible with the desired future character of the zone.

  • To provide and protect land for employment-generating activities.

  • To encourage the location of business and other premises requiring large floor plates in appropriate locations to ensure they do not sterilise commercial or residential areas.

  • To recognise the importance of business lands at Erina and locations supporting Gosford City Centre at West Gosford and Wyoming.

  • To recognise small isolated business and commercial areas located throughout Gosford.

  • To recognise the range of service activities located in business areas that support business development.

  • To ensure that business areas are not sterilised by residential development.

2Permitted without consent

Nil

3Permitted with consent

Centre-based child care facilities; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Landscaping material supplies; Light industries; Oyster aquaculture; Passenger transport facilities; Respite day care centres; Roads; Specialised retail premises; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 4

4Prohibited

Agriculture; Air transport facilities; Amusement centres; Biosolids treatment facilities; Boat building and repair facilities; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Educational establishments; Electricity generating works; Entertainment facilities; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Hospitals; Industries; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential accommodation; Resource recovery facilities; Restricted premises; Rural industries; Rural supplies; Sewage treatment plants; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Waste disposal facilities; Water recreation structures; Water recycling facilities; Water supply systems

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

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

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

  • To provide for residential uses, but only as part of a mixed use development.

2Permitted without consent

Nil

3Permitted with consent

Business premises; Community facilities; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Landscaping material supplies; Light industries; Multi dwelling housing; Oyster aquaculture; Passenger transport facilities; Plant nurseries; Recreation facilities (indoor); Residential flat buildings; Roads; Shop top housing; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 4

4Prohibited

Agriculture; Air transport facilities; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Highway service centres; Home-based child care; Home businesses; Home occupations (sex services); Industries; Information and education facilities; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Resource recovery facilities; Restricted premises; Rural industries; Rural supplies; Service stations; Sewage treatment plants; Storage premises; Tourist and visitor accommodation; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Waste disposal facilities; Water recreation structures; Water recycling facilities; Water supply systems

Zone IN1General Industrial1Objectives of zone
  • To provide a wide range of industrial and warehouse land uses.

  • To encourage employment opportunities.

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

  • To support and protect industrial land for industrial uses.

  • To promote ecologically, socially and economically sustainable development.

  • To ensure that retail, commercial or service land uses in industrial areas are of an ancillary nature.

  • To ensure that development is compatible with the desired future character of the zone.

2Permitted without consent

Recreation areas

3Permitted with consent

Depots; Freight transport facilities; Garden centres; General industries; Hardware and building supplies; Industrial training facilities; Landscaping material supplies; Light industries; Neighbourhood shops; Oyster aquaculture; Places of public worship; Restaurants or cafes; Roads; Rural supplies; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4

4Prohibited

Amusement centres; Boat building and repair facilities; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Eco-tourist facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Health services facilities; Heavy industrial storage establishments; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Information and education facilities; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture Public administration buildings; Recreation facilities (major); Research stations; Residential accommodation; Restricted premises; Tourist and visitor accommodation; Water recreation structures; Water supply systems

Zone IN4Working Waterfront1Objectives of zone
  • To retain and encourage waterfront industrial and maritime activities.

  • To identify sites for maritime purposes and for activities that require direct waterfront access.

  • To ensure that development does not have an adverse impact on the environmental and visual qualities of the foreshore.

  • To encourage employment opportunities.

  • To minimise any adverse effect of development on land uses in other zones.

2Permitted without consent

Nil

3Permitted with consent

Aquaculture; Boat building and repair facilities; Boat launching ramps; Jetties; Light industries; Roads; Any other development not specified in item 2 or 4

4Prohibited

Agriculture; Air transport facilities; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Community facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Freight transport facilities; Function centres; Health services facilities; Heavy industrial storage establishments; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industrial retail outlets; Industries; Information and education facilities; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Resource recovery facilities; Restricted premises; Rural industries; Service stations; Sewage treatment plants; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Waste disposal facilities; Water recycling facilities; Water supply systems; Wholesale supplies

Zone SP1Special Activities1Objectives of zone
  • To provide for special land uses that are not provided for in other zones.

  • To provide for sites with special natural characteristics that are not provided for in other zones.

  • To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.

2Permitted without consent

Environmental facilities; Environmental protection works; Recreation areas

3Permitted with consent

Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose

4Prohibited

Any development not specified in item 2 or 3

Zone SP2Infrastructure1Objectives of zone
  • To provide for infrastructure and related uses.

  • To prevent development that is not compatible with or that may detract from the provision of infrastructure.

  • To ensure that development is compatible with the desired future character of the zone.

2Permitted without consent

Nil

3Permitted with consent

Aquaculture; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose

4Prohibited

Any development not specified in item 2 or 3

Zone RE1Public Recreation1Objectives of zone
  • To enable land to be used for public open space or recreational purposes.

  • To provide a range of recreational settings and activities and compatible land uses.

  • To protect and enhance the natural environment for recreational purposes.

  • To identify areas suitable for development for recreation, leisure and cultural purposes.

  • To ensure that development is compatible with the desired future character of the zone.

2Permitted without consent

Environmental facilities; Environmental protection works

3Permitted with consent

Aquaculture; Camping grounds; Car parks; Caravan parks; Centre-based child care facilities; Community facilities; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Water recreation structures

4Prohibited

Any development not specified in item 2 or 3

Zone RE2Private Recreation1Objectives of zone
  • To enable land to be used for private open space or recreational purposes.

  • To provide a range of recreational settings and activities and compatible land uses.

  • To protect and enhance the natural environment for recreational purposes.

  • To ensure that development does not have an unacceptable impact on the amenity of nearby properties.

  • To ensure that development is compatible with the desired future character of the zone.

2Permitted without consent

Nil

3Permitted with consent

Aquaculture; Community facilities; Environmental facilities; Environmental protection works; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Restaurants or cafes; Roads

4Prohibited

Any development not specified in item 2 or 3

Zone C1National Parks and Nature Reserves1Objectives of zone
  • To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.

  • To enable uses authorised under the National Parks and Wildlife Act 1974.

  • To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.

2Permitted without consent

Uses authorised under the National Parks and Wildlife Act 1974

3Permitted with consent

Nil

4Prohibited

Any development not specified in item 2 or 3

Zone C2Environmental Conservation1Objectives of zone
  • To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.

  • To prevent development that could destroy, damage or otherwise have an adverse effect on those values.

  • To promote ecologically, socially and economically sustainable development and the need for, and value of, biodiversity in Gosford.

  • To ensure that development is compatible with the desired future character of the zone.

  • To limit development in areas subject to steep slopes and flooding.

2Permitted without consent

Nil

3Permitted with consent

Bed and breakfast accommodation; Dwelling houses; Environmental facilities; Environmental protection works; Home occupations; Oyster aquaculture Recreation areas; Roads; Water storage facilities

4Prohibited

Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone C3Environmental Management1Objectives of zone
  • To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.

  • To provide for a limited range of development that does not have an adverse effect on those values.

  • To promote ecologically, socially and economically sustainable development and the need for, and value of, biodiversity in Gosford.

  • To ensure that development is compatible with the desired future character of the zone.

  • To highlight the importance of providing an environmental buffer to areas of high ecological, scientific, cultural or aesthetic value.

2Permitted without consent

Home occupations

3Permitted with consent

Animal boarding or training establishments; Bed and breakfast accommodation; Dwelling houses; Environmental protection works; Extensive agriculture; Home-based child care; Home industries; Oyster aquaculture; Pond-based aquaculture; Roads; Roadside stalls; Secondary dwellings; Tank-based aquaculture; Veterinary hospitals; Water storage facilities

4Prohibited

Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone C4Environmental Living1Objectives of zone
  • To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.

  • To ensure that residential development does not have an adverse effect on those values.

  • To promote ecologically, socially and economically sustainable development and the need for, and value of, biodiversity in Gosford.

  • To provide land for low-impact tourist-related development that is of a scale that is compatible with the special ecological, scientific or aesthetic values of the area.

  • To ensure that development is compatible with the desired future character of the zone.

2Permitted without consent

Home occupations; Recreation areas

3Permitted with consent

Animal boarding or training establishments; Camping grounds; Caravan parks; Dwelling houses; Eco-tourist facilities; Environmental protection works; Extensive agriculture; Home-based child care; Home industries; Oyster aquaculture; Pond-based aquaculture; Pubs; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Restaurants or cafes; Roads; Secondary dwellings; Signage; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals; Water storage facilities

4Prohibited

Industries; Local distribution premises; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone W1Natural Waterways1Objectives of zone
  • To protect the ecological and scenic values of natural waterways.

  • To prevent development that would have an adverse effect on the natural values of waterways in this zone.

  • To provide for sustainable fishing industries and recreational fishing.

  • To provide for aquaculture.

2Permitted without consent

Environmental facilities; Environmental protection works; Moorings

3Permitted with consent

Aquaculture Boat sheds; Water recreation structures

4Prohibited

Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone W2Recreational Waterways1Objectives of zone
  • To protect the ecological, scenic and recreation values of recreational waterways.

  • To allow for water-based recreation and related uses.

  • To provide for sustainable fishing industries and recreational fishing.

2Permitted without consent

Environmental facilities; Environmental protection works; Moorings

3Permitted with consent

Aquaculture; Boat sheds; Car parks; Food and drink premises; Function centres; Kiosks; Marinas; Markets; Mooring pens; Water recreation structures

4Prohibited

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

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

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

(2)

Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.

(3)

To be exempt development, the development—

  • (a)

    must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and

  • (b)

    must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and

  • (c)

    must not be designated development, and

  • (d)

    must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.

(4)

Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—

  • (a)

    the building has a current fire safety certificate or fire safety statement, or

  • (b)

    no fire safety measures are currently implemented, required or proposed for the building.

(5)

To be exempt development, the development must—

  • (a)

    be installed in accordance with the manufacturer’s specifications, if applicable, and

  • (b)

    not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.

Note—

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

(6)

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

3.2Complying development(1)

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

(2)

Development specified in Part 1 of Schedule 3 that is carried out in compliance with—

  • (a)

    the development standards specified in relation to that development, and

  • (b)

    the requirements of this Part,

is complying development.

Note—

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

(3)

To be complying development, the development must—

  • (a)

    be permissible, with development consent, in the zone in which it is carried out, and

  • (b)

    meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and

  • (c)

    have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.

(4)

A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.

(5)

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

3.3Environmentally sensitive areas excluded(1)

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

(2)

For the purposes of this clause—

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

  • (a)

    the coastal waters of the State,

  • (b)

    a coastal lake,

  • (c)

    land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),

  • (d)

    land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,

  • (e)

    land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,

  • (f)

    land within 100 metres of land to which paragraph (c), (d) or (e) applies,

  • (g)

    land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,

  • (h)

    land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,

  • (i)

    land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,

  • (j)

    land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.

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

The objectives of this clause are as follows—

  • (a)

    to reflect State, regional and local planning strategies relating to the provision of various sizes of land,

  • (b)

    to ensure that the subdivision of land is compatible with the desired future character of the area,

  • (c)

    to promote the ecologically, socially and economically sustainable subdivision of land,

  • (d)

    to ensure that the creation of parcels of land for development occurs in a manner that protects the physical characteristics of the land, does not create potential physical hazard or amenity issues for neighbours, can be satisfactorily serviced and will, through its potential cumulative effects, not create capacity problems for existing infrastructure.

(2)

This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.

(3)

The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(4)

This clause does not apply in relation to the subdivision of any land—

  • (a)

    by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or

  • (b)

    by any kind of subdivision under the Community Land Development Act 2021.

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

The objectives of this clause are as follows—

  • (a)

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

(2)

This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 2021 of land in any of the following zones—

  • (a)

    Zone RU1 Primary Production,

  • (b)

    Zone RU2 Rural Landscape,

  • (c)

    Zone RU5 Rural Village,

  • (d)

    Zone R2 Low Density Residential,

  • (e)

    Zone RE1 Public Recreation,

  • (f)

    Zone E2 Environmental Conservation,

  • (g)

    Zone E3 Environmental Management,

  • (h)

    Zone E4 Environmental Living,

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

(3)

The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 2021) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(4)

This clause applies despite clause 4.1.

4.1AMinimum subdivision lot size for strata plan schemes in certain rural, residential, recreation and environment protection zones(1)

The objective of this clause is to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.

(2)

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

  • (a)

    Zone RU1 Primary Production,

  • (b)

    Zone RU2 Rural Landscape,

  • (c)

    Zone RU5 Rural Village,

  • (d)

    Zone R2 Low Density Residential,

  • (e)

    Zone RE1 Public Recreation,

  • (f)

    Zone E2 Environmental Conservation,

  • (g)

    Zone E3 Environmental Management.

  • (h)

    (Repealed)

(3)

The size of any lot resulting from a subdivision of land to which this clause applies for a strata plan scheme (other than any lot comprising common property within the meaning of the Strata Schemes (Freehold Development) Act 1973 or Strata Schemes (Leasehold Development) Act 1986) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

Note—

Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that strata subdivision of a building in certain circumstances is specified complying development.

cl 4.1A: Am 2015 (150), Sch 1 [2].

4.1BMinimum lot sizes for attached dwellings, dual occupancies, multi dwelling housing and residential flat buildings(1)

The objective of this clause is to achieve planned residential density in certain zones.

(2)

Development consent may be granted to development on a lot in Zone R1 General Residential for a purpose shown in Column 1 of the Table to this clause if the area of the lot is equal to or greater than the area shown opposite that purpose in Column 2 of the Table.

Column 1

Column 2

Dual occupancy (attached)

550 square metres

Dual occupancy (detached)

800 square metres

Multi dwelling housing

750 square metres

Residential flat building

750 square metres

Attached dwelling

750 square metres

(3)

(Repealed)

cl 4.1B: Am 2015 (150), Sch 1 [3]; 2018 (591), Sch 3.1 [6].

4.1CException to minimum lot size for subdivision of land that includes deferred matter(1)

Development consent may be granted to a subdivision of land to create a lot (the residual lot) of a size that is less than the minimum size shown on the Lot Size Map in relation to that land if—

  • (a)

    the subdivision is of land that is being subdivided together with land identified as “Deferred Matter” under clause 1.3(1A), and

  • (b)

    the residual lot is comprised entirely of land to which this Plan applies.

(2)

Development consent must not be granted for the erection of a dwelling on the residual lot.

cl 4.1C: Ins 2015 (756), Sch 1 [3].

4.2Rural subdivision(1)

The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.

(2)

This clause applies to the following rural zones—

  • (a)

    Zone RU1 Primary Production,

  • (b)

    Zone RU2 Rural Landscape,

  • (baa)

    Zone RU3 Forestry,

  • (c)

    Zone RU4 Primary Production Small Lots,

  • (d)

    Zone RU6 Transition.

Note—

When this Plan was made it did not include all of these zones.

(3)

Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.

(4)

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

(5)

A dwelling cannot be erected on such a lot.

Note—

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

4.2AResidential development and subdivision prohibited on certain land(1)

The objectives of this clause are as follows—

  • (a)

    to minimise unplanned rural residential development,

  • (b)

    to prohibit residential development on undersized lots resulting from the closure of a road.

(2)

This clause applies to land in the following zones—

  • (a)

    Zone RU1 Primary Production,

  • (b)

    Zone RU2 Rural Landscape,

  • (c)

    Zone E2 Environmental Conservation,

  • (d)

    Zone E3 Environmental Management,

  • (e)

    Zone E4 Environmental Living.

(3)

Development consent must not be granted for the erection of a dwelling house on a lot resulting from the closure of part or all of a road, irrespective of when that closure occurred, unless the lot is at least the minimum lot size specified for that land by the Lot Size Map.

(4)

Subclause (3) extends to a lot resulting from the closure of part or all of a road, the boundaries of which have been realigned as a result of a subdivision of an adjoining lot that did not result from the closure of part or all of a road.

(5)

Subclause (3) does not apply to a lot created by the consolidation of a lot resulting from the closure of part or all of a road with an adjoining lot that did not result from the closure of part or all of a road.

cl 4.2A: Ins 2015 (756), Sch 1 [4].

4.2BBoundary adjustments in certain rural and environmental protection zones(1)

The object of this clause is to facilitate boundary adjustments between lots where one or more resultant lots do not meet the minimum lot size but the objectives of the relevant zone can be achieved.

(2)

This clause applies to land in the following zones—

  • (a)

    Zone RU1 Primary Production,

  • (b)

    Zone RU2 Rural Landscape,

  • (c)

    Zone E2 Environmental Conservation,

  • (d)

    Zone E3 Environmental Management,

  • (e)

    Zone E4 Environmental Living.

(3)

Despite clause 4.1(3), development consent may be granted to subdivide land by way of a boundary adjustment between adjoining lots where one or more resultant lots do not meet the minimum lot size shown on the Lot Size Map in relation to that land if the consent authority is satisfied that—

  • (a)

    the subdivision will not create additional lots or the opportunity for additional dwellings, and

  • (b)

    the number of dwellings on each lot after the subdivision will remain the same as before the subdivision, and

  • (c)

    the potential for land use conflict will not be increased as a result of the subdivision, and

  • (d)

    if the land is in Zone RU1 Primary Production or Zone RU2 Rural Landscape—the subdivision will not have a significant adverse effect on the agricultural viability of the land, and

  • (e)

    if the land is in Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living—the subdivision will result in the continued protection and long term maintenance of the land.

(4)

Before determining a development application for the subdivision of land under this clause, the consent authority must consider whether or not the subdivision is likely to be incompatible with, or have a significant adverse impact on, the predominant land uses in the vicinity of the subdivision.

(5)

This clause does not apply—

  • (a)

    in relation to the subdivision of individual lots within a strata plan or community title scheme, or

  • (b)

    if the subdivision would create a lot that could itself be subdivided in accordance with clause 4.1.

cl 4.2B: Ins 2019 (530), Sch 1[1].

4.3Height of buildings(1)

The objectives of this clause are as follows—

  • (a)

    to establish maximum height limits for buildings,

  • (b)

    to permit building heights that encourage high quality urban form,

  • (c)

    to ensure that buildings and public areas continue to receive satisfactory exposure to sky and sunlight,

  • (d)

    to nominate heights that will provide an appropriate transition in built form and land use intensity,

  • (e)

    to ensure that taller buildings are located appropriately in relation to view corridors and view impacts and in a manner that is complementary to the natural topography of the area,

  • (f)

    to protect public open space from excessive overshadowing and to allow views to identify natural topographical features.

(2)

The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.

Note—

Clauses 4.3A, 4.6, 5.6, 7.7 and 8.9 provide exceptions to the maximum height shown for the relevant land on the Height of Buildings Map in certain circumstances.

(2A)

Despite subclause (2), the maximum height of a building on land identified as “Woy Woy Town Centre”, “Umina Village Centre” or “Ettalong Village Centre” on the Development Incentives Application Map is 11.5 metres if—

  • (a)

    the building is located on a site area of less than 1,000 square metres, or

  • (b)

    the building has a street frontage of less than 20 metres.

(2B)

Despite subclause (2), the maximum height of a building on land identified as “Erina Town Centre” on the Development Incentives Application Map is 11.5 metres if—

  • (a)

    the building is located on a site area of less than 3,000 square metres, or

  • (b)

    the building has a street frontage of less than 40 metres.

4.3AExceptions to maximum building height in Terrigal Village Centre(1)

The objectives of this clause are as follows—

  • (a)

    to establish a range of public and urban design benefits,

  • (b)

    to disguise the impact of any additional height on the overall scale and bulk of building forms,

  • (c)

    to minimise the impact of any additional height on panoramic coastal and ocean views that are available from the surrounding residential hillsides,

  • (d)

    to establish the maximum height limit for certain buildings in the Terrigal Village Centre.

(2)

This clause applies to the land identified as “Terrigal Village Centre” on the Development Incentives Application Map.

(3)

Despite clause 4.3(2), the maximum height of a building on land to which this clause applies is 2.75 metres less than the height shown for that land on the Height of Buildings Map if—

  • (a)

    the building is on a site area of less than 2,000 square metres, and

  • (b)

    the building has a street frontage of less than 20 metres.

(4)

Despite clause 4.3(2), the maximum height of a building on land to which this clause applies is 2.75 metres more than the height shown for that land on the Height of Buildings Map if—

  • (a)

    the building is on a site area of at least 2,000 square metres, and

  • (b)

    the building has a street frontage of at least 20 metres, and

  • (c)

    the consent authority is satisfied that the development incorporates at least one publicly accessible outdoor space facing a street or lane that reinforces the level of retail activity and contributes to the accessibility of existing pedestrian spaces and includes—

    • (i)

      open alleyways that link existing laneways or streets, or

    • (ii)

      open courtyards that receive satisfactory levels of mid-winter sunlight.

(5)

Despite clause 4.4(2), if subclause (4) applies to a building, the gross floor area of any part of the building that exceeds the maximum height of the building shown for the land on the Height of Buildings Map may increase the gross floor area of the building by a maximum of 25% of the site area.

cl 4.3A: Am 2014 (515), cl 4.

4.4Floor space ratio(1)

The objectives of this clause are as follows—

  • (a)

    to establish standards for the maximum development density and intensity of land use,

  • (b)

    to control building density and bulk in relation to site area in order to achieve the desired future character for different locations,

  • (c)

    to minimise adverse environmental effects on the use or enjoyment of adjoining properties and the public domain,

  • (d)

    to maintain an appropriate visual relationship between new development and the existing character of areas or locations that are not undergoing, and are not likely to undergo, a substantial transformation,

  • (e)

    to provide an appropriate correlation between the size of a site and the extent of any development on that site,

  • (f)

    to facilitate design excellence by ensuring the extent of floor space in building envelopes leaves generous space for the articulation and modulation of design,

  • (g)

    to ensure that the floor space ratio of buildings on land in Zone R1 General Residential reflects Council’s desired building envelope,

  • (h)

    to encourage lot amalgamation and new development forms in Zone R1 General Residential with car parking below ground level.

(2)

The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.

(2A)

Despite subclause (2), the maximum floor space ratio for a building on land in Zone R1 General Residential for which the maximum floor space ratio on the Floor Space Ratio Map is 0.7:1 or 0.85:1 is to be—

  • (a)

    if the building is used for the purpose of an attached dwelling, semi-detached dwelling or dual occupancy—0.5:1 or 0.6:1, respectively, or

  • (b)

    if the building is on a site area of less than 1,000 square metres and is used for the purpose of a residential flat building or multi dwelling housing with all on-site car parking located in the basement—0.6:1 or 0.7:1, respectively, or

  • (c)

    if the building is used for the purpose of a residential flat building or multi dwelling housing and includes on-site car parking that is not located in the basement—0.5:1 or 0.6:1, respectively, or

  • (e)

    if the building is used for any other purpose (excluding a dwelling house)—0.6:1 or 0.75:1, respectively.

(2B)

Despite subclause (2), the maximum floor space ratio for a building is as follows—

  • (a)

    if the building is used for the purpose of a dwelling house—0.5:1, or

  • (b)

    if the building is used for any other purpose and is located on land in Zone RU5 Village, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living—0.15:1.

cl 4.4: Am 2018 (591), Sch 3.1 [7].

4.4ATown centres and village centres—floor space ratios(1)

Despite clause 4.4(2), the maximum floor space ratio for a building that is on land identified as “Woy Woy Town Centre”, “Umina Village Centre” or “Ettalong Village Centre” on the Development Incentives Application Map is 1:1 if—

  • (a)

    the building is located on a site area of less than 1,000 square metres, or

  • (b)

    the building has a street frontage of less than 20 metres.

(2)

Despite clause 4.4(2), the maximum floor space ratio for a building that is on land identified as “Woy Woy Town Centre” on the Development Incentives Application Map is 2.1:1 if—

  • (a)

    the building is located on a site area of at least 1,000 square metres, but less than 1,500 square metres, and

  • (b)

    the building has a street frontage of at least 20 metres.

(3)

Despite clause 4.4(2), the maximum floor space ratio for a building that is on land identified as “Erina Town Centre” on the Development Incentives Application Map is 1:1 if—

  • (a)

    the building is located on a site area of less than 3,000 square metres, or

  • (b)

    the building has a street frontage of less than 40 metres.

(4)

Despite clause 4.4(2), the maximum floor space ratio for a building that is on land identified as “Terrigal Village Centre” on the Development Incentives Application Map is 1:1 if—

  • (a)

    the building is located on a site area of less than 2,000 square metres, and

  • (b)

    the building has a street frontage of less than 20 metres.

(5)

Despite clause 4.4(2), the maximum floor space ratio for a building that is on land identified as “Terrigal Village Centre” on the Development Incentives Application Map is 1.8:1 if—

  • (a)

    the building is located on a site area of less than 2,000 square metres, and

  • (b)

    the building has a street frontage of at least 20 metres.

cl 4.4A: Am 2014 (515), cl 4.

4.5Calculation of floor space ratio and site area(1)

The objectives of this clause are as follows—

  • (a)

    to define floor space ratio,

  • (b)

    to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—

    • (i)

      prevent the inclusion in the site area of an area that has no significant development being carried out on it, and

    • (ii)

      prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and

    • (iii)

      require community land and public places to be dealt with separately.

(2)

The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.

(3)

In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be—

  • (a)

    if the proposed development is to be carried out on only one lot, the area of that lot, or

  • (b)

    if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.

In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.

(4)

The following land must be excluded from the site area—

  • (a)

    land on which the proposed development is prohibited, whether under this Plan or any other law,

  • (b)

    community land or a public place (except as provided by subclause (7)).

(5)

The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.

(6)

The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.

(7)

For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.

(8)

The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.

(9)

When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.

(10)

If—

  • (a)

    a covenant of the kind referred to in subclause (9) applies to any land (affected land), and

  • (b)

    proposed development relates to the affected land and other land that together comprise the site of the proposed development,

the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.

(11)

In this clause, public place has the same meaning as it has in the Local Government Act 1993.

4.6Exceptions to development standards(1)

The objectives of this clause are as follows—

  • (a)

    to provide an appropriate degree of flexibility in applying certain development standards to particular development,

  • (b)

    to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2)

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

(3)

Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating—

Note—

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

respite day care centre means a building or place that is used for the care of seniors or people who have a disability and that does not provide overnight accommodation for people other than those related to the owner or operator of the centre.

restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided.

Note—

Restaurants or cafes are a type of food and drink premises—see the definition of that term in this Dictionary.

restricted premises means premises that, due to their nature, restrict access to patrons or customers over 18 years of age, and includes sex shops and similar premises, but does not include a pub, hotel or motel accommodation, home occupation (sex services) or sex services premises.

restriction facilities means facilities where animals are constrained for management purposes, including milking sheds, pads, feed stalls, holding yards and paddocks where the number of livestock exceeds the ability of vegetation to recover from the effects of grazing in a normal growing season, but does not include facilities for drought or similar emergency relief.

retail premises means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale), and includes any of the following—

  • (a)

    (Repealed)

  • (b)

    cellar door premises,

  • (c)

    food and drink premises,

  • (d)

    garden centres,

  • (e)

    hardware and building supplies,

  • (f)

    kiosks,

  • (g)

    landscaping material supplies,

  • (h)

    markets,

  • (i)

    plant nurseries,

  • (j)

    roadside stalls,

  • (k)

    rural supplies,

  • (l)

    shops,

  • (la)

    specialised retail premises,

  • (m)

    timber yards,

  • (n)

    vehicle sales or hire premises,

but does not include highway service centres, service stations, industrial retail outlets or restricted premises.

Note—

Retail premises are a type of commercial premises—see the definition of that term in this Dictionary.

road means a public road or a private road within the meaning of the Roads Act 1993, and includes a classified road.

roadside stall means a place or temporary structure used for the retail sale of agricultural produce or hand crafted goods (or both) produced from the property on which the stall is situated or from an adjacent property.

Note—

See clause 5.4 for controls relating to the gross floor area of roadside stalls.

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

rural industry means the handling, treating, production, processing, storage or packing of animal or plant agricultural products for commercial purposes, and includes any of the following—

  • (a)

    agricultural produce industries,

  • (b)

    livestock processing industries,

  • (c)

    composting facilities and works (including the production of mushroom substrate),

  • (d)

    sawmill or log processing works,

  • (e)

    stock and sale yards,

  • (f)

    the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise.

Note—

Rural industries are not a type of industry—see the definition of that term in this Dictionary.

rural supplies means a building or place used for the display, sale or hire of stockfeeds, grains, seed, fertilizers, veterinary supplies and other goods or materials used in farming and primary industry production.

Note—

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

rural worker’s dwelling means a building or place that is additional to a dwelling house on the same lot and that is used predominantly as a place of residence by persons employed, whether on a long-term or short-term basis, for the purpose of agriculture or a rural industry on that land.

Note—

Rural workers’ dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.

sawmill or log processing works means a building or place used for handling, cutting, chipping, pulping or otherwise processing logs, baulks, branches or stumps, principally derived from surrounding districts, into timber or other products derived from wood.

Note—

Sawmill or log processing works are a type of rural industry—see the definition of that term in this Dictionary.

school means a government school or non-government school within the meaning of the Education Act 1990.

Note—

Schools are a type of educational establishment—see the definition of that term in this Dictionary.

school-based child care means a building or place within a school that is used to provide out-of-school-hours care (including vacation care) for school children only.

Note 1—

Accordingly, a building or place within a school that is used to provide out-of-school-hours care for both school children and pre-school children is not school-based child care.

Note 2—

School-based child care is a type of early education and care facility—see the definition of that term in this Dictionary.

secondary dwelling means a self-contained dwelling that—

  • (a)

    is established in conjunction with another dwelling (the principal dwelling), and

  • (b)

    is on the same lot of land as the principal dwelling, and

  • (c)

    is located within, or is attached to, or is separate from, the principal dwelling.

Note—

See clauses 5.4 and 5.5 for controls relating to the total floor area of secondary dwellings.

Secondary dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.

self-storage units means premises that consist of individual enclosed compartments for storing goods or materials (other than hazardous or offensive goods or materials).

Note—

Self-storage units are a type of storage premises—see the definition of that term in this Dictionary.

semi-detached dwelling means a dwelling that is on its own lot of land and is attached to only one other dwelling.

Note—

Semi-detached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.

seniors housing means a building or place that is—

  • (a)

    a residential care facility, or

  • (b)

    a hostel within the meaning of State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 5, or

  • (c)

    a group of independent living units, or

  • (d)

    a combination of any of the buildings or places referred to in paragraphs (a)–(c),

and that is, or is intended to be, used permanently for—

  • (e)

    seniors or people who have a disability, or

  • (f)

    people who live in the same household with seniors or people who have a disability, or

  • (g)

    staff employed to assist in the administration of the building or place or in the provision of services to persons living in the building or place,

but does not include a hospital.

Note—

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

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

  • (a)

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

  • (b)

    the cleaning of motor vehicles,

  • (c)

    installation of accessories,

  • (d)

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

  • (e)

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

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

Note—

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

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

  • (a)

    pipelines and tunnels, and

  • (b)

    pumping stations, and

  • (c)

    dosing facilities, and

  • (d)

    odour control works, and

  • (e)

    sewage overflow structures, and

  • (f)

    vent stacks.

Note—

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

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

Note—

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

sewerage system means any of the following—

  • (a)

    biosolids treatment facility,

  • (b)

    sewage reticulation system,

  • (c)

    sewage treatment plant,

  • (d)

    water recycling facility,

  • (e)

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

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

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

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

Note—

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

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

Note—

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

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

  • (a)

    an advertising structure,

  • (b)

    a building identification sign,

  • (c)

    a business identification sign,

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

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

Note—

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

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

  • (a)

    any basement,

  • (b)

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

  • (c)

    any eaves,

  • (d)

    unenclosed balconies, decks, pergolas and the like.

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

Note—

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

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

Note—

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

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

  • (a)

    a large area for handling, display or storage, or

  • (b)

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

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

Note—

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

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

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

Note—

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

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

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

  • (a)

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

  • (b)

    a mezzanine, or

  • (c)

    an attic.

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

Note—

The term is defined as follows—

swimming pool means an excavation, structure or vessel—

  • (a)

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

  • (b)

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

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

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

Note—

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

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

Note—

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

telecommunications facility means—

  • (a)

    any part of the infrastructure of a telecommunications network, or

  • (b)

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

  • (c)

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

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

temporary structure has the same meaning as in the Act.

Note—

The term is defined as follows—

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

the Act means the Environmental Planning and Assessment Act 1979.

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

Note—

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

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

  • (a)

    backpackers’ accommodation,

  • (b)

    bed and breakfast accommodation,

  • (c)

    farm stay accommodation,

  • (d)

    hotel or motel accommodation,

  • (e)

    serviced apartments,

but does not include—

  • (f)

    camping grounds, or

  • (g)

    caravan parks, or

  • (h)

    eco-tourist facilities.

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

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

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

Note—

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

underground mining means—

  • (a)

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

  • (b)

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

but does not include open cut mining.

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

Urban Release Area Map means the Gosford Local Environmental Plan 2014 Urban Release Area Map.

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

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

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

Note—

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

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

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

Note—

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

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

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

Note—

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

waste or resource management facility means any of the following—

  • (a)

    a resource recovery facility,

  • (b)

    a waste disposal facility,

  • (c)

    a waste or resource transfer station,

  • (d)

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

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

Note—

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

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

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

  • (a)

    retention structures, and

  • (b)

    treatment works, and

  • (c)

    irrigation schemes.

Note—

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

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

Note—

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

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

Note—

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

water supply system means any of the following—

  • (a)

    a water reticulation system,

  • (b)

    a water storage facility,

  • (c)

    a water treatment facility,

  • (d)

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

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

Note—

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

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

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

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

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

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

wetland means—

  • (a)

    natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or

  • (b)

    artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.

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

  • (a)

    facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,

  • (b)

    facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,

  • (c)

    wharves for commercial fishing operations,

  • (d)

    refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,

  • (e)

    sea walls or training walls,

  • (f)

    administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.

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

Dictionary: Am 2015 (756), Sch 1 [7]; 2017 (393), Sch 1 [6]; 2018 (591), Sch 3.1 [12]; 2021 (175), Sch 2.4[3].

Historical notesTable of amending instruments

Gosford Local Environmental Plan 2014 (42). LW 11.2.2014. Date of commencement, on publication on LW, cl 1.1AA. This Plan has been amended as follows—

2014

(132)

Gosford Local Environmental Plan 2014 (Amendment No 1). LW 21.3.2014.

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

(250)

Gosford Local Environmental Plan 2014 (Amendment No 2). LW 9.5.2014.

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

(345)

Gosford Local Environmental Plan 2014 (Amendment No 3). LW 6.6.2014.

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

No 33

Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014.

Date of commencement of Sch 2.36, 14.7.2014, Sch 2.36.

(471)

Gosford Local Environmental Plan 2014 (Amendment No 4). LW 25.7.2014.

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

(513)

Standard Instrument (Local Environmental Plans) Amendment Order 2014. LW 15.8.2014.

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

(515)

Gosford Local Environmental Plan 2014 (Amendment No 5). LW 15.8.2014.

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

(614)

Gosford Local Environmental Plan 2014 (Amendment No 6). LW 12.9.2014.

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

(820)

Gosford Local Environmental Plan 2014 (Amendment No 9). LW 19.12.2014.

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

2015

(32)

Gosford Local Environmental Plan 2014 (Amendment No 8). LW 30.1.2015.

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

(51)

Gosford Local Environmental Plan 2014 (Amendment No 10). LW 6.2.2015.

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

(64)

Gosford Local Environmental Plan 2014 (Amendment No 7). LW 13.2.2015.

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

(150)

Gosford Local Environmental Plan 2014 (Amendment No 13). LW 27.3.2015.

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

(154)

Gosford Local Environmental Plan 2014 (Amendment No 12). LW 2.4.2015.

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

(176)

Gosford Local Environmental Plan 2014 (Amendment No 14). LW 17.4.2015.

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

(316)

State Environmental Planning Policy No 65—Design Quality of Residential Flat Development (Amendment No 3). LW 19.6.2015.

Date of commencement, 4 weeks after publication on LW, cl 2.

No 15

Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015.

Date of commencement of Sch 3, 15.7.2015, sec 2 (3).

(547)

Gosford Local Environmental Plan 2014 (Amendment No 15). LW 11.9.2015.

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

(573)

Gosford Local Environmental Plan 2014 (Amendment No 16). LW 25.9.2015.

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

(677)

Gosford Local Environmental Plan 2014 (Amendment No 18). LW 6.11.2015.

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

(700)

Gosford Local Environmental Plan 2014 (Amendment No 19). LW 20.11.2015.

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

(701)

Gosford Local Environmental Plan 2014 (Amendment No 20). LW 20.11.2015.

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

(756)

Gosford Local Environmental Plan 2014 (Amendment No 11). LW 11.12.2015.

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

2016

(20)

Gosford Local Environmental Plan 2014 (Amendment No 21). LW 15.1.2016.

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

(21)

Gosford Local Environmental Plan 2014 (Amendment No 22). LW 15.1.2016.

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

(43)

Standard Instrument (Local Environmental Plans) Amendment (Maps) Order 2016. LW 27.1.2016.

Date of commencement, 27.1.2016, cl 2.

(69)

Gosford Local Environmental Plan 2014 (Amendment No 23). LW 12.2.2016.

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

(126)

Standard Instrument (Local Environmental Plans) Amendment Order 2016. LW 11.3.2016.

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

(309)

Standard Instrument (Local Environmental Plans) Amendment (Observatory and Defence Facility) Order 2016. LW 10.6.2016.

Date of commencement, 56 days after publication on LW, cl 2.

(522)

Gosford Local Environmental Plan 2014 (Amendment No 17). LW 19.8.2016.

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

(815)

Gosford Local Environmental Plan 2014 (Amendment No 24). LW 23.12.2016.

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

2017

(32)

Gosford Local Environmental Plan 2014 (Amendment No 27). LW 17.2.2017.

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

(393)

Gosford Local Environmental Plan 2014 (Amendment No 25). LW 4.8.2017.

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

(406)

Gosford Local Environmental Plan 2014 (Amendment No 26). LW 11.8.2017.

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

(407)

Gosford Local Environmental Plan 2014 (Amendment No 28). LW 11.8.2017.

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

(453)

Standard Instrument (Local Environmental Plans) Amendment (Vegetation) Order 2017. LW 25.8.2017.

Date of commencement, 25.8.2017, cl 2.

(492)

Standard Instrument (Local Environmental Plans) Amendment (Child Care) Order 2017. LW 1.9.2017.

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

(493)

State Environmental Planning Policy Amendment (Child Care) 2017. LW 1.9.2017.

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

(585)

Gosford Local Environmental Plan 2014 (Amendment No 30). LW 20.10.2017.

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

2018

(105)

Standard Instrument (Local Environmental Plans) Amendment (Coastal Management) Order 2018. LW 23.3.2018.

Date of commencement, 3.4.2018, cl 2.

(116)

Gosford Local Environmental Plan 2014 (Amendment No 31). LW 29.3.2018.

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

(154)

Standard Instrument (Local Environmental Plans) Amendment (Minimum Subdivision Lot Size) Order 2018. LW 20.4.2018.

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

No 40

Forestry Legislation Amendment Act 2018. Assented to 27.6.2018.

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

(342)

Gosford Local Environmental Plan 2014 (Amendment No 32). LW 29.6.2018.

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

(343)

Gosford Local Environmental Plan 2014 (Amendment No 33). LW 29.6.2018.

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

(404)

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

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

(405)

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

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

(406)

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

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

(431)

Gosford Local Environmental Plan 2014 (Amendment No 34). LW 10.8.2018.

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

(477)

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

Date of commencement, 31.8.2018, cl 2.

(488)

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

Date of commencement of Sch 1.1 and 1.2, 31.8.2018, cl 2 (1).

No 46

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

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

(591)

State Environmental Planning Policy (Gosford City Centre) 2018. LW 12.10.2018.

Date of commencement, on publication on LW, cl 1.1AA.

(632)

Gosford Local Environmental Plan 2014 (Amendment No 35). LW 9.11.2018.

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

(717)

Standard Instrument (Local Environmental Plans) Amendment (Greater Sydney Commission) Order 2018. LW 7.12.2018.

Date of commencement, 10.12.2018, cl 2.

2019

(133)

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

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

(137)

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

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

(530)

Gosford Local Environmental Plan 2014 (Amendment No 38). LW 1.11.2019.

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

(620)

Standard Instrument (Local Environmental Plans) Amendment Order 2019. LW 13.12.2019.

Date of commencement, 15.1.2020, cl 2.

(621)

State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019.

Date of commencement of Schs 3 and 5, 15.1.2020, cl 2(1).

2020

(113)

Gosford Local Environmental Plan 2014 (Amendment No 36). LW 27.3.2020.

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

(155)

Standard Instrument (Local Environmental Plans) Amendment (Energy Storage Technology) Order 2020. LW 17.4.2020.

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

(184)

Gosford Local Environmental Plan 2014 (Amendment No 37). LW 1.5.2020.

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

(483)

Gosford Local Environmental Plan 2014 (Amendment No 39). LW 14.8.2020.

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

No 30

Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020.

Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4).

(636)

Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2020. LW 28.10.2020.

Date of commencement, 28.10.2020, cl 2.

No 40

Liquor Amendment (Night-time Economy) Act 2020. Assented to 27.11.2020.

Date of commencement of Schs 4.6 and 7, 11.12.2020, sec 2(1) and 2020 (713) LW 11.12.2020.

(762)

Standard Instrument (Local Environmental Plans) Amendment (Secondary Dwellings) Order 2020. LW 18.12.2020.

Date of commencement, 1.2.2021, cl 2.

2021

No 6

Community Land Development Act 2021. Assented to 26.3.2021.

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

(175)

State Environmental Planning Policy (Affordable Rental Housing) Amendment (Short-term Rental Accommodation) 2021. LW 9.4.2021.

Date of commencement, 1.11.2021, cl 2. Amended by State Environmental Planning Policy (Affordable Rental Housing) Amendment (Short-term Rental Accommodation) Amendment 2021 (414). LW 28.7.2021. Date of commencement, on publication on LW, cl 2.

(225)

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

Date of commencement, 14.7.2021, cl 2.

(226)

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

Date of commencement, 14.7.2021, cl 2.

(302)

State Environmental Planning Policy Amendment (Natural Disasters) 2021. LW 18.6.2021.

Date of commencement, 23.6.2021, cl 2.

(650)

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

Date of commencement of Sch 1[1]–[15] [17] [19] [23]–[48] and [50]–[53] and Sch 2, 1.12.2021, cl 2(1); date of commencement of Sch 1[16] [18] [20]–[22] [49] [54] and [55], 30.6.2022, cl 2(1A); date of commencement of Sch 3: not in force. Amended by Standard Instrument (Local Environmental Plans) Further Amendment (Land Use Zones) Order 2021 (712). LW 26.11.2021. Date of commencement, on publication on LW, cl 2.

(711)

Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2021. LW 26.11.2021.

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

(714)

State Environmental Planning Policy (Housing) 2021. LW 26.11.2021.

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

(716)

State Environmental Planning Policy Amendment (Miscellaneous) 2021. LW 26.11.2021.

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

2022

(71)

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

Date of commencement, 9.3.2022, cl 2.

(72)

State Environmental Planning Policy Amendment (Miscellaneous) 2022. LW 4.3.2022.

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

(252)

Gosford Local Environmental Plan 2014 (Amendment No 41). LW 27.5.2022.

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.

Table of amendments

No reference is made to certain amendments made consequential on the amendment of the Standard Instrument (Local Environmental Plans) Order 2006.

Cl 1.2

Am 2017 (393), Sch 1 [1]; 2018 (591), Sch 3.1 [1].

Cl 1.3

Am 2018 (591), Sch 3.1 [2]; 2022 (72), Sch 1.18[1].

Cl 1.8A

Am 2019 (621), Sch 5[1].

Cl 1.9

Am 2018 (591), Sch 3.1 [3].

Cl 1.9A

Am 2019 (621), Sch 5[2]–[4].

Cl 2.8

Am 2015 (756), Sch 1 [1].

Land Use Table

Am 2015 (32), cl 4 (1) (2); 2015 (150), Sch 1 [1]; 2015 (756), Sch 1 [2]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2018 (591), Sch 3.1 [4] [5]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3; 2022 (314), Sch 1.

Cl 4.1A

Am 2015 (150), Sch 1 [2].

Cl 4.1B

Am 2015 (150), Sch 1 [3]; 2018 (591), Sch 3.1 [6].

Cl 4.1C

Ins 2015 (756), Sch 1 [3].

Cl 4.2A

Ins 2015 (756), Sch 1 [4].

Cl 4.2B

Ins 2019 (530), Sch 1[1].

Cl 4.3A

Am 2014 (515), cl 4.

Cl 4.4

Am 2018 (591), Sch 3.1 [7].

Cl 4.4A

Am 2014 (515), cl 4.

Cl 4.6

Am 2019 (530), Sch 1[2].

Cl 5.4

Am 2018 (406), Sch 1.52 [1] [2].

Cl 5.5

Subst 2021 (714), Sch 11.16.

Cl 5.9

Ins 2021 (302), Sch 1.8.

Cl 6.1

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

Cl 6.3

Rep 2019 (530), Sch 1[3].

Cl 7.2

Rep 2021 (225), Sch 1.

Cl 7.3

Am 2015 (756), Sch 1 [5].

Cl 7.5

Am 2022 (72), Sch 1.18[2].

Cl 7.6

Rep 2021 (175), Sch 2.4[1].

Cl 7.7

Am 2022 (72), Sch 1.18[3].

Cl 7.8

Subst 2015 (64), Sch 1. Am 2017 (406), cl 5.

Cl 7.9

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

Cl 7.10

Ins 2016 (522), Sch 1.

Part 8

Rep 2018 (591), Sch 3.1 [8].

Cll 8.1–8.7

Rep 2018 (591), Sch 3.1 [8].

Cl 8.8

Am 2015 (316), Sch 2.5. Rep 2018 (591), Sch 3.1 [8].

Cl 8.9

Am 2015 (154), cl 4; 2017 (32), cl 4. Rep 2018 (591), Sch 3.1 [8].

Cl 8.10

Rep 2018 (591), Sch 3.1 [8].

Cl 8.11

Ins 2015 (150), Sch 1 [4]. Rep 2018 (591), Sch 3.1 [8].

Sch 1

Am 2014 (820), cl 5; 2015 (150), Sch 1 [5]; 2015 (176), cl 5; 2015 (573), cl 5; 2015 (701), cl 5; 2016 (21), cl 5; 2016 (815), Sch 1; 2017 (493), Sch 1.2 [2]; 2017 (585), cl 5; 2018 (431), cl 4; 2018 (488), Sch 1.2; 2018 (591), Sch 3.1 [9]; 2020 (483), cl 4; 2021 (716), Sch 1.7[1] [2]; 2022 (252), Sch 1.

Sch 2

Am 2014 (132), Sch 1 [1] [2]; 2015 (756), Sch 1 [6]; 2021 (175), Sch 2.4[2].

Sch 5

Am 2016 (69), cl 5 (1) (2); 2017 (393), Sch 1 [2]–[5]; 2018 (591), Sch 3.1 [10] [11]; 2020 (113), Sch 1[1] [2].

Dictionary

Am 2015 (756), Sch 1 [7]; 2017 (393), Sch 1 [6]; 2018 (591), Sch 3.1 [12]; 2021 (175), Sch 2.4[3].

Maps

Am 2014 (250), cl 4; 2014 (345), cl 4; 2014 (471), cl 4; 2014 (614), cl 4; 2014 (820), cl 4; 2015 (51), cl 4; 2015 (64), cl 4; 2015 (150), cl 4; 2015 (176), cl 4; 2015 (547), cl 4; 2015 (573), cl 4; 2015 (677), cl 4; 2015 (700), cl 4; 2015 (701), cl 4; 2016 (20), cl 4; 2016 (21), cl 4; 2016 (69), cl 4; 2016 (522), cl 4; 2016 (815), cl 4; 2017 (393), cl 4; 2017 (406), cl 4; 2017 (407), cl 4; 2017 (585), cl 4; 2018 (116), cl 4; 2018 (342), cl 4; 2018 (343), cl 4; 2018 (632), cl 4; 2020 (113), cl 4; 2020 (184), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.

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