Hastings Local Environmental Plan 1987 (NSW)

Part 1Preliminary1Name of plan

This plan may be cited as Hastings Local Environmental Plan 1987.

2Aims, objectives etc

The aims of this plan are:

(a)
to provide for rural and village development by ensuring that adequate provision is made to meet the needs of an expanding population,
(b)
to protect areas which depend on agricultural use of the land,
(c)
to protect areas which are environmentally sensitive and which enhance visual amenity,
(d)
to provide a safe and efficient transport network connecting land use activities within and outside the Municipality of Hastings,
(e)
to permit urban expansion of Port Macquarie while protecting areas which are environmentally sensitive and which enhance visual amenity,
(f)
to make general provisions for the urban expansion of Port Macquarie, allowing more detailed provisions relating to staging of urban expansion to be made by way of a development control plan, and
(g)
to manage the urban areas of the Municipality of Hastings by strengthening retail hierarchies, promoting appropriate tourism development, guiding urban form, providing for the protection of heritage items and precincts and controlling the development of flood prone urban land, and
(h)
based on a 1991 Hastings Heritage Study:
- (i)
  to conserve the environmental heritage of the Municipality of Hastings,
- (ii)
  to integrate heritage conservation into the planning and development control processes,
- (iii)
  to provide for public involvement in the matters relating to the conservation of the environmental heritage of the Municipality of Hastings, and
- (iv)
  to ensure that new development is undertaken in a manner that is sympathetic to and does not detract from the heritage significance of heritage items and their settings, as well as streetscapes and landscapes of the area and the distinctive character that they impart to the Municipality of Hastings.

3Land to which plan applies(1)

This plan applies to certain land situated in the Municipality of Hastings as shown on the map, with boundaries indicated on the map.

(2)

However, this plan does not apply to land to which Hastings Local Environmental Plan 2001 applies.

4Notes in the text

Matter which appears in this plan under the heading “Note” is an explanatory note and does not form part of this plan. It is provided to assist understanding.

5–7

(Repealed)

8Interpretation(1)

In this plan, except in so far as the context or subject matter otherwise indicates or requires:

acid sulfate soil means soil containing highly acidic soil horizons or layers resulting from the aeration of soil materials that are rich in iron sulfides, primarily pyrite.

acid sulfate soils map means the map marked “Hastings Local Environmental Plan 1987—Acid Sulfate Soils Map”, kept in the office of the council.

actual acid sulfate soils means acid sulfate soils containing acidic soil material resulting from the oxidation of iron sulfides. The soil material has a pH of less than 4.0 when measured in dry season conditions and may be identified by yellow mottles and coatings of jarosite, overlying potential acid sulfate soils or 0.05% or more oxidisable sulfur.

aeroplane landing area means an area in private ownership and not used for scheduled public aircraft flights, which is set apart for the taking off and landing of light aircraft and complies with the requirements of the Civil Aviation Authority, but does not include a helipad. (For the purposes of this definition, light aircraft means an aircraft of no more than 5 700 kilograms take-off weight.)

alter, in relation to a heritage item means:

(a)
make structural changes to the outside of the heritage item, or
(b)
make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, not including changes that result from maintenance of the existing detail, fabric, finish or appearance of the outside of the heritage item.

animal boarding or training establishment means a building or place in or on which the commercial boarding, breeding, keeping, maintaining, receiving or training of horses, dogs or cats is carried out, and includes riding schools and the like.

appointed day means the day on which this plan takes effect.

arterial road means a road or proposed road:

(a)
indicated on the map by a continuous red line between black lines,
(b)
within Zone No 9 (b), or
(c)
indicated on the map by parallel intermittent black lines.

bed and breakfast establishment means a building used as a dwelling-house and for providing holiday accommodation. Such holiday accommodation is to be limited to three bedrooms and is not to include self-contained accommodation.

brothel means premises habitually used for the purposes of prostitution or premises that are designed to be used for that purpose. Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution (prostitution meaning engaging in sexual acts or providing sexual services in return for payment or other material reward, otherwise than in the normal course of a medical or veterinary practice).

car parking means the use of land for the parking of private passenger vehicles, and includes:

(a)
a public carpark provided by the Council, or
(b)
a private carpark ancillary to a land use on adjacent land, whether or not the carpark is situated on land within a zone which prohibits that land use.

caravan park means land used for the placement of movable dwellings and which may be so used only if authorised by a licence issued under section 289H of the Local Government Act 1919.

cluster housing means integrated residential development that consists of:

(a)
the subdivision of land into 3 or more allotments, and
(b)
the erection of a dwelling-house on each of the allotments to be created by that subdivision, but only if the erection of the dwelling-house occurs prior to the issue of a subdivision certificate (except where a strata management statement, or restriction as to user, prohibits any dwelling-house on each lot other than the dwelling-house consented to as part of the cluster housing consent).

community centre means:

(a)
a building used for the purpose of rest rooms, meeting rooms or indoor recreation or for providing other similar facilities,
(b)
a building or place used for the purpose of conducting social functions, child minding, cultural activities or other similar activities, or
(c)
a building or place used for any combination of those purposes,

but does not include a place of assembly.

conservation plan means a document establishing the significance of a heritage item and identifying the policies that are appropriate to enable that significance to be retained in its future use and development.

Council means the Council of the Municipality of Hastings.

demolition means the destruction, pulling down, dismantling or removal of a building or structure, in whole or in part, and in relation to a heritage item, includes the damaging or defacing of the heritage item, in whole or in part.

dual occupancy means 2 dwellings (whether attached or detached) on:

(a)
a single allotment of land, or
(b)
2 allotments of land created in accordance with State Environmental Planning Policy No 25—Residential Allotment Sizes and Dual Occupancy Subdivisions.

dwelling-house means a building containing one, but not more than one, dwelling, but does not include a building elsewhere specifically defined in this plan or a building used for a purpose elsewhere specifically defined in this plan.

Environment Protection Authority’s guidelines means “Environmental Guidelines: Assessing and Managing Acid Sulfate Soils”, published by the Environment Protection Authority, as amended from time to time.

exhibition home means the use, for display purposes, of:

(a)
a dwelling-house, or
(b)
a dwelling forming part of a dual occupancy, cluster housing or a residential flat building.

floor space ratio means the ratio of gross floor area to site area.

floor space ratio map means the map marked “Hastings Local Environmental Plan 1987—Floor Space Ratios”, as amended by the maps marked as follows:

Editorial note—

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

•
Hastings Local Environmental Plan 1987—Floor Space Ratios (Amendment No 36)
•
Hastings Local Environmental Plan 1987—Floor Space Ratio Map (Amendment No 54)

frontage, in relation to an allotment of land, means that portion of the allotment abutting a public road.

front building alignment, in relation to a building, means the point of the building closest to a road to which the allotment on which that building is erected has access.

Hastings DCP No 36 means Hastings Development Control Plan No 36—Exempt and Complying Development, as adopted by the Council on 26 May 2003, and as amended by the following development control plans with their respective Council adoption dates:

•
Port Macquarie-Hastings Development Control Plan (Associated Amendments) 2006—27 March 2006

heritage item means a building, work, relic, tree, or place of heritage significance to the Municipality of Hastings described in Schedule 1.

heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.

home business means a business, industry or occupation carried on by the occupants in or within the curtilage of a dwelling-house or a residential flat building.

intensive livestock keeping establishment means a building or place in which or on which cattle, sheep, goats, poultry or other livestock are held for the purpose of nurturing either wholly or partially by a feeding method other than natural grazing, and without limiting the generality of the foregoing, includes:

(a)
feed lots,
(b)
piggeries,
(c)
poultry farms, and
(d)
similar purposes,

but does not include an animal boarding or training establishment or an establishment for the keeping of livestock or poultry intended solely for personal consumption or enjoyment by the owner or occupier of the land.

main road means a road or work, or a proposed road or work, declared under section 46 to 53 of the Roads Act 1993 to be a:

(a)
main road,
(b)
State highway,
(c)
freeway,
(d)
controlled access road,
(e)
secondary road,
(f)
tourist road,
(g)
tollway, or
(h)
State work.

maintenance means the continuous protective care of the fabric of a heritage item and its setting.

medical centre means a building used by one or more legally qualified medical practitioners or by one or more dentists within the meaning of the Dentists Act 1989, or by one or more health care professionals, who practise therein the profession of medicine, dentistry or health care respectively, and who employ ancillary staff in connection with that practice.

miscellaneous forestry means operations involving the harvesting of native forests for poles, sleepers, girders, piles, pit props and fencing materials, but does not include operations involving:

(a)
the reduction in the canopy of a forest below a level of 20 per cent of the canopy, or
(b)
the clearfelling of an area in excess of 2 hectares.

movable dwelling means:

(a)
any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
(b)
any conveyance, structure or thing of a class or description prescribed under section 289E of the Local Government Act 1919.

multiple occupancy means a type of residential accommodation or occupation, on a clustered or dispersed basis, of rural properties held in common ownership in the form of individual buildings or groups or clusters of buildings which together function as dwelling-houses.

neighbourhood centre means an integrated development containing shops and commercial premises which serve the local community and are limited in scale, with ancillary parking and landscaping and whether or not it also contains development for the purposes of a bus station, child care centre, club, community centre, dwelling attached to other buildings, hotel, place of assembly, place of public worship, medical centre, public building, recreation facility, refreshment room, retail plant nursery or service station.

place of assembly means a public hall, theatre, cinema, music hall, concert hall, dance hall, open-air theatre, drive-in theatre, music bowl, racecourse, showground, or any other building of a like character used as such and whether used for the purposes of gain or not, but does not include a place of public worship, an institution or an educational establishment.

potential acid sulfate soils means soil material which is waterlogged and contains oxidisable sulfur compounds and that has a field pH of 4 or more but will become severely acid when oxidised.

potential historical archaeological site means a site identified in Schedule 1A as a site of potential historical archaeological significance.

public utility undertaking means any of the following undertakings carried on or permitted or suffered to be carried on by or by authority of any Government Department or under the authority of, or in pursuance of, any Commonwealth or State Act:

(a)
railway, road transport, water transport, air transport, wharf or river undertakings,
(b)
undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,
(c)
emergency services,
(d)
waste management facilities,

and a reference to a person carrying on a public utility undertaking shall be construed as including a reference to a council, county council, Government Department, corporation, firm or authority carrying on the undertaking.

recreation area means:

(a)
a children’s playground,
(b)
an area used for sporting activities or sporting facilities,
(c)
an area used by the Council to provide recreational facilities for the physical, cultural or intellectual welfare of the community, or
(d)
an area used by a body of persons associated for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes,

but does not include a racecourse or a showground.

relic means any deposit, object or material evidence (terrestrial or underwater) relating to the use or settlement of the area of the land to which this plan applies which is 50 or more years old.

rural tourist facility means an establishment providing holiday accommodation, recreation or educational facilities which is or are compatible in form and density with the rural nature of the locality in which the establishment is situated.

selective logging means operations involving the logging of native forests for sawlogs, but does not include operations involving:

(a)
the reduction in the canopy of a forest below a level of 20 per cent of the canopy, or
(b)
the clearfelling of an area in excess of 2 hectares.

the map means the map marked “Hastings Local Environmental Plan 1987” as amended by the maps marked as follows:

Editorial note—

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

•
Hastings Local Environmental Plan 1987 (Amendment No 1)
•
Hastings Local Environmental Plan 1987 (Amendment No 3)
•
Hastings Local Environmental Plan 1987 (Amendment No 7)
•
Hastings Local Environmental Plan 1987 (Amendment No 8)
•
Hastings Local Environmental Plan 1987 (Amendment No 10)
•
Hastings Local Environmental Plan 1987 (Amendment No 11), except for the area marked “Deferred”
•
Hastings Local Environmental Plan 1987 (Amendment No 14)
•
Hastings Local Environmental Plan 1987 (Amendment No 18)
•
Hastings Local Environmental Plan 1987 (Amendment No 23)
•
Hastings Local Environmental Plan 1987 (Amendment No 24)
•
Hastings Local Environmental Plan 1987 (Amendment No 25)
•
Hastings Local Environmental Plan 1987 (Amendment No 26)
•
Hastings Local Environmental Plan 1987 (Amendment No 31)
•
Hastings Local Environmental Plan 1987 (Amendment No 35)
•
Hastings Local Environmental Plan 1987 (Amendment No 39)
•
Hastings Local Environmental Plan 1987 (Amendment No 40)
•
Hastings Local Environmental Plan 1987 (Amendment No 50)
•
Hastings Local Environmental Plan 1987 (Amendment No 52)
•
Hastings Local Environmental Plan 1987 (Amendment No 53)
•
Hastings Local Environmental Plan 1987 (Amendment No 54)
•
Hastings Local Environmental Plan 1987 (Amendment No 55)
•
Hastings Local Environmental Plan 1987 (Amendment No 56)
•
Hastings Local Environmental Plan 1987 (Amendment No 57)
•
Hastings Local Environmental Plan 1987 (Amendment No 66)
•
Hastings Local Environmental Plan 1987 (Amendment No 68)
•
Hastings Local Environmental Plan 1987 (Amendment No 70)
•
Hastings Local Environmental Plan 1987 (Amendment No 71)
•
Hastings Local Environmental Plan 1987 (Amendment No 78)
•
Hastings Local Environmental Plan 1987 (Amendment No 79)
•
Hastings Local Environmental Plan 1987 (Amendment No 81)
•
Hastings Local Environmental Plan 1987 (Amendment No 85)
•
Hastings Local Environmental Plan 1987 (Amendment No 86)
•
Hastings Local Environmental Plan 1987 (Amendment No 88)
•
Hastings Local Environmental Plan 1987 (Amendment No 96)
•
Hastings Local Environmental Plan 1987 (Amendment No 100)
•
Hastings Local Environmental Plan 1987 (Amendment No 104)
•
Hastings Local Environmental Plan 1987 (Amendment No 106)
•
Hastings Local Environmental Plan 1987 (Amendment No 108)
•
Hastings Local Environmental Plan 1987 (Amendment No 110)

utility installation means:

(a)
a building or work used by a public utility undertaking, but does not include a building designed wholly or principally as administrative or business premises or as a showroom, or
(b)
a radio or television transmitter tower.

waste management facility means any council controlled premises or works used for the storage, treatment, reprocessing, sorting or disposal of waste and, without limiting the generality of the forgoing, includes:

(a)
waste management and disposal centres, including landfill sites and waste transfer stations,
(b)
recycling facilities, including material recovery facilities and waste processing facilities, and
(c)
parking or storage areas for equipment and plant associated with the council’s waste management program.

worker’s dwelling-house means a dwelling-house which is on land on which there is already a dwelling-house and which is occupied by persons engaged in rural occupations on that land.

(2)

In this plan, except in so far as the context or subject-matter otherwise indicates or requires:

(a)
a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose,
(b)
a reference to a map is a reference to a map deposited in the office of the Council, and
(c)
a reference to land within a zone specified in clause 11 is a reference to land shown on the map in the manner indicated in that clause as applicable to indicate land of the zone so specified.

8AExempt development

Development listed in Schedule 1 to Hastings DCP No 36 is exempt development provided it satisfies the applicable requirements listed in that Schedule, meets the deemed-to-satisfy provisions of the Building Code of Australia and is not on land that:

(a)
is critical habitat, (within the meaning of the Threatened Species Conservation Act 1995) or
(b)
is part of a wilderness area (within the meaning of the Wilderness Act of 1987), or
(c)
is the site of a heritage item, or
(d)
is subject to an order under the Heritage Act 1977, or
(e)
is affected by an easement, a water main or a sewer main and the proposed development is located over the easement, water main or sewer main.

8BComplying development(1)

Development listed in Schedule 2 to Hastings DCP No 36 is complying development if it is allowed with the Council’s consent in the zone under Item 3 of the Table to clause 12.

(2)

Development is complying development only if:

(a)
it meets the applicable requirements specified in Hastings DCP No 36 applying to the development, and
(b)
in the case of development involving a building, the building complies with the deemed-to-satisfy provisions of the Building Code of Australia, except where provided for in Schedule 2 of Hastings DCP No 36, and

(c)
it does not include the exhibition or sale of material (whether literature, video, film, goods or articles) used or intended for use in connection with sexual behaviour and classified or refused classification under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, or the exhibition of objects primarily concerned with sexual behaviour, and
(d)
it is not carried out on land that:
- (i)
  is an Aboriginal place under the National Parks and Wildlife Act 1974, or
- (ii)
  is land to which State Environmental Planning Policy No 14—Coastal Wetlands applies, or
- (iii)
  is land to which State Environmental Planning Policy No 26—Littoral Rainforests applies, or
- (iv)
  is identified in this plan or a development control plan adopted by the Council as being contaminated, within a buffer area, or subject to subsidence, slip or erosion, or
- (v)
  is in a watercourse or flood path for a 1% AEP event, unless explicitly permitted within Hastings DCP No 36, or
- (vi)
  has previously been used as a service station or a saw mill, or for intensive agriculture, mining or extractive industry, or
- (vii)
  is an aquatic reserve declared under the Fisheries Management Act 1994, or
(e)
no environmental planning instrument states that the adequacy of an acid sulfate soils management plan for the proposed development must be considered before consent can be granted for it, and
(f)
where it will result in the doing of anything referred to in section 78A (3) of the Act for which an approval is required or in the removal of a tree or native vegetation for which an approval or consent is required, that approval or consent has been obtained, and
Note—
Section 78A (3) of the Act refers to development applications involving an associated approval under section 68 of the Local Government Act 1993.
(g)
it is not integrated development, and
Note—
Integrated development is development which is subject to an associated approval under other legislation, as listed in section 91 of the Act. It is subject to special referral processes. An example is a development requiring a bush fire safety authority under the Rural Fires Act 1997.
(h)
it is not prevented from being complying development by virtue of section 76A (6) of the Act.
Note—
The authority for this LEP to define complying development is contained in section 76A (5) of the Environmental Planning and Assessment Act 1979. This authority is qualified by subsection (6), which states:
(6)
A provision under subsection (5) cannot be made:
- (a)
  if the development is State significant development, or
- (b)
  if the development is designated development, or
- (c)
  if the development is development for which development consent cannot be granted except with the concurrence of a person other than:
  - (i)
    the consent authority, or
  - (ii)
    the Director-General of National Parks and Wildlife as referred to in section 79B (3), or
- (d)
  so as to apply to land that is critical habitat, or
- (e)
  so as to apply to land that is, or is part of, a wilderness area (within the meaning of the Wilderness Act 1987), or
- (f)
  so as to apply to land that comprises, or on which there is, an item of the environmental heritage:
  - (i)
    that is subject to an interim heritage order under the Heritage Act 1977, or that is listed on the State Heritage Register under that Act, or
  - (ii)
    that is identified as such an item in an environmental planning instrument, or
- (g)
  so as to apply to land that is identified as an environmentally sensitive area in the environmental planning instrument that makes provision for the complying development.
A provision made under subsection (5) has no effect in relation to development or land at any time during which the development or land is development or land to which paragraph (a)–(g) applies.

(3)

A complying development certificate must include those conditions specified in Hastings Development Control Plan (DCP) No 36 Exempt and Complying Development, as in force when the certificate is issued that are applicable to the particular type of development for which the certificate is sought.

9Adoption of Model Provisions(1)

The Environmental Planning and Assessment Model Provisions 1980 are adopted for the purposes of this plan, except for:

(a)
the definitions of advertising structure, arterial road, dwelling-house, home industry, home occupation, main road, map, place of assembly, professional consulting rooms, public utility undertaking, rural worker’s dwelling, units for aged persons and utility installation in clause 4 (1), and
(b)
clauses 5 (5), 15, 17, 29, 33 and 35 (c).

(2)

A reference in the definitions of commercial premises, recreation establishment and shop in clause 4 (1) of the Environmental Planning and Assessment Model Provisions 1980 to clause 4 of those Provisions is to be construed as including a reference to clause 8 (1) of this plan.

10Consent authority

The Council is the consent authority for the purposes of this plan.

Part 2General restrictions on development of land11Zones indicated on the map

For the purposes of this plan, land to which this plan applies shall be within a zone specified hereunder if the land is shown on the map in the manner specified hereunder in relation to that zone:

•
Zone No 1 (a1) (Rural “A1” Zone)—coloured light brown, edged black and lettered “1 (a1)”.
•
Zone No 1 (a2) (Rural “A2” (Flood Prone) Zone)—coloured light brown, edged black and lettered “1 (a2)”.
•
Zone No 1 (a3) (Rural “A3” (Agricultural Protection) Zone)—coloured light brown, edged black and lettered “1 (a3)”.
•
Zone No 1 (a4) (Rural “A4” (Agricultural Protection) Zone)—coloured light brown, edged black and lettered “1 (a4)”.
•
Zone No 1 (c1) (Rural “C1” (Smallholdings) Zone)—coloured light brown, edged black and lettered “1 (c1)”.
•
Zone No 1 (f1) (Rural “F1” (Forests) Zone)—coloured light brown, edged black and lettered “1 (f1)”.
•
Zone No 1 (i) (Rural Residential Investigation Zone)—coloured light brown, edged black and lettered “1 (i)”.
•
Zone No 1 (r1) (Rural Residential Zone)—coloured light brown, edged black and lettered “1 (r1)”.
•
Zone No 1 (u) (Rural “U” (Urban Fringe) Zone)—coloured light brown, edged black and lettered “1 (u)”.
•
Zone No 2 (a1) (Residential “A1” Zone)—coloured light scarlet, edged black and lettered “2 (a1)”.
•
Zone No 2 (a2) (Residential “A2” (Restricted) Zone)—coloured light scarlet, edged black and lettered “2 (a2)”
•
Zone No 2 (a4) (Residential “A4” Zone)—coloured light scarlet, edged black and lettered “2 (a4)”.
•
Zone No 2 (c) (Residential “C” (Consolidation) Zone)—coloured light scarlet, edged black and lettered “2 (c)”
•
Zone No 2 (t) (Residential “T” (Tourist) Zone)—coloured light scarlet, edged black and lettered “2 (t)”
•
Zone No 2 (t2) (Tourist (Restricted) Zone)—coloured light scarlet, edged black and lettered “2 (t2)”
•
Zone No 2 (v) (Residential “V” (Village or Township) Zone)—uncoloured, edged black and lettered “V”.
•
Zone No 3 (a) (General Business Zone)—coloured light blue, edged black and lettered “3 (a)”
•
Zone No 3 (b) (Peripheral Business Zone)—coloured light blue, edged black and lettered “3 (b)”
•
Zone No 3 (c) (Neighbourhood Business Zone)—coloured dark blue, edged black and lettered “3 (c)”
•
Zone No 3 (s) (Special Business Zone)—coloured light blue, edged black and lettered “3 (s)”
•
Zone No 3 (t) (Tourist Business zone)—coloured light blue, edged black and lettered “3 (t)”
•
Zone No 4 (a) (Industrial “A” (General Industrial) Zone)—coloured purple, edged black and lettered “4 (a)”.
•
Zone No 4 (b) (Service Industrial Zone)—coloured purple, edged black and lettered “4 (b)”
•
Zone No 4 (t) (Industrial Technology Zone)—coloured purple, edged black and lettered “4 (t)”
•
Zone No 5 (a) (Special Uses “A” Zone)—coloured yellow, edged black and lettered “5 (a)”.
•
Zone No 5 (c) (Special Uses “C” (Buffer) Zone)—coloured orange, edged black and lettered “5 (c)”.
•
Zone No 6 (a) (Open Space “A” (Existing Recreation) Zone)—coloured dark green, edged black and lettered “6 (a)”.
•
Zone No 6 (b) (Open Space “B” (Proposed Recreation) Zone)—coloured light green, edged black and lettered “6 (b)”.
•
Zone No 6 (c) (Open Space “C” (Private Recreation) Zone)—coloured dark green, edged black and lettered “6 (c)”.
•
Zone No 7 (a) (Environment Protection “A” (Wetlands) Zone)—coloured orange, edged black and lettered “7 (a)”.
•
Zone No 7 (b) (Environment Protection “B” (Secondary) Zone)—coloured orange, edged black and lettered “7 (b)”
•
Zone No 7 (d) (Environment Protection “D” (Scenic) Zone)—coloured orange, edged black and lettered “7 (d)”.
•
Zone No 7 (f1) (Environment Protection “F1” (Coastal Lands Protection) Zone)—coloured orange, edged black and lettered “7 (f1)”.
•
Zone No 7 (f2) (Environment Protection “F2” (Coastal Lands Acquisition) Zone)—coloured orange, edged black and lettered “7 (f2)”.
•
Zone No 7 (h) (Environment Protection “H” (Habitat) Zone)—coloured orange, edged black and lettered “7 (h)”.
•
Zone No 8 (a) (National Parks and Nature Reserves “A” (Existing) Zone)—uncoloured, edged black and lettered “8 (a)”.
•
Zone No 8 (b) (National Parks and Nature Reserves “B” (Proposed Future National Park Extension Area) Zone)—uncoloured, edged broken black and lettered “8 (b)”.
•
Zone No 9 (b) (Reservation “B” (Arterial Roads) Zone)—broken red band between a firm black line and a broken black line and lettered “9 (b)”.
•
Zone No 9 (c) (Local Roads Zone)—coloured grey, edged black and lettered “9 (c)”.

12Zone objectives and development control table(1)

The objectives of a zone are set out in the Table to this clause under the heading “Objectives of zone” appearing in the matter relating to the zone.

(2)

Except as otherwise provided by this plan, in relation to land within a zone specified in the Table to this clause, the purposes (if any) for which:

(a)
development may be carried out without development consent,
(b)
development may be carried out without development consent, and
(c)
development is prohibited,

are specified under the headings “Without development consent”, “Only with development consent” and “Prohibited”, respectively, appearing in the matter relating to the zone.

(3)

In determining development applications, the Council shall take into consideration the objectives of the zone within which the development is proposed to be carried out.

(Rural “A1” Zone)1Objectives of zone

The objectives of this zone are:

(a)
to protect and encourage utilisation of the productive potential of resources located in rural areas, and
(b)
to prevent the unnecessary, premature or sporadic fragmentation of rural land, to protect the agricultural potential of land and also to ensure that development does not create unreasonable or uneconomic demands for the provision or extension of public amenities and services, and
(c)
to enable appropriate development falling within Item 3.

2Without development consent

Agriculture (other than building structures ancillary to agriculture, animal boarding or training establishments and intensive livestock keeping establishments); forestry.

3Only with development consent

Any purpose other than a purpose included in Item 2 or 4 of the matter relating to this zone.

4Prohibited

Aeroplane landing areas within one kilometre of the coast; boarding houses; brothels; car repair stations; cluster housing; commercial premises; dual occupancies (detached dwellings only); industries (other than offensive or hazardous industries and rural industries); medical centres; motor showrooms; neighbourhood centres; residential flat buildings; shops (other than general stores); tourist facilities (other than rural tourist facilities); warehouses.

(Rural “A2” (Flood Prone) Zone)1Objectives of zone

The objectives of this zone are:

(a)
to prevent development in flood liable areas that is likely to:
- (i)
  lead to loss of life or property, or
- (ii)
  increase demand for flood mitigation measures or emergency services, or
- (iii)
  impede the operation of floodway systems, in times of flood, and
(b)
to prevent the unnecessary, premature or sporadic fragmentation of rural land, to protect the agricultural potential of land and also to ensure that development does not create unreasonable or uneconomic demands for the provision or extension of public amenities and services, and
(c)
to enable appropriate development falling within Item 3.

2Without development consent

Nil.

3Only with development consent

Advertisements; aeroplane landing areas (not within 1 kilometre of the coast); agriculture; car parking; demolition; dwelling-houses; extractive industries; forestry; home businesses; mines; recreation areas; roads; utility installations (other than gas holders); workers’ dwelling-houses.

4Prohibited

Any purpose other than a purpose included in Item 3 of the matter relating to this zone.

(Rural “A3” (Agricultural Protection) Zone)1Objectives of zone

The objectives of this zone are:

(a)
to protect and encourage utilisation of the productive potential of resources located in rural areas, particularly rural land with high agricultural quality, and
(b)
to prevent the unnecessary, premature or sporadic fragmentation of rural land, to protect the agricultural potential of land and also to ensure that development does not create unreasonable or uneconomic demands for the provision or extension of public amenities and services, and
(c)
to enable appropriate development falling within Item 3.

2Without development consent

Agriculture (other than building structures ancillary to agriculture, animal boarding or training establishments and intensive livestock keeping establishments); forestry.

3Only with development consent

Advertisements; aeroplane landing areas; animal boarding or training establishments; bed and breakfast establishments; building structures ancillary to agriculture; bulk stores; car parking; child care centres; demolition; dual occupancies (attached dwellings only); dwelling-houses; educational establishments; extractive industries; general stores; home businesses; intensive livestock keeping establishments; mines; multiple occupancies; places of assembly; places of public worship; recreation areas; recreation establishments; recreation facilities; retail plant nurseries; roads; roadside stalls; rural industries; rural tourist facilities; sawmills; stock and sale yards; utility installations (other than gas holders); workers’ dwelling-houses.

4Prohibited

Any purpose other than a purpose included in Item 2 or 3 of the matter relating to this zone.

(Rural “A4” (Agricultural Protection) Zone)1Objectives of zone

The objectives of this zone are:

(a)
to control development and maintain the productive potential of steep or otherwise constrained rural land, and
(b)
to protect and encourage utilisation of the productive potential of resources located within rural areas, and
(c)
to prevent the unnecessary, premature or sporadic fragmentation of rural land, to protect the agricultural potential of land and also to ensure that development does not create unreasonable or uneconomic demands for the provision or extension of public amenities and services, and
(d)
to enable appropriate development falling within Item 3.

2Without development consent

Agriculture (other than building structures ancillary to agriculture, animal boarding or training establishments and intensive livestock keeping establishments); forestry (other than upon land subject to clause 22).

3Only with development consent

Advertisements; aeroplane landing areas; animal boarding or training establishments; bed and breakfast establishments; building structures ancillary to agriculture; bulk stores; car parking; caravan parks; child care centres; community centres; demolition; dual occupancies (attached dwellings only); dwelling-houses; educational establishments; extractive industries; forestry (upon land subject to clause 22); general stores; home businesses; intensive livestock keeping establishments; mines; motels; multiple occupancies; offensive or hazardous industries; places of public worship; recreation areas; recreation establishments; recreation facilities; retail plant nurseries; roads; roadside stalls; rural industries; rural tourist facilities; sawmills; stock and sale yards; utility installations (other than gas holders); workers’ dwelling-houses.

4Prohibited

Any purpose other than a purpose included in Item 2 or 3 of the matter relating to this zone.

(Rural “C1” (Smallholdings) Zone)1Objectives of zone

The objectives of this zone are:

(a)
to enable the development of land within this zone for rural residential purposes, and
(b)
to enable appropriate development falling within Item 3.

2Without development consent

Agriculture (other than building structures ancillary to agriculture, animal boarding or training establishments and intensive livestock keeping establishments); forestry.

3Only with development consent

Advertisements; animal boarding or training establishments; bed and breakfast establishments; building structures ancillary to agriculture; car parking; child care centres; community centres; demolition; dual occupancies (attached dwellings only); dwelling-houses; exhibition homes; general stores; home businesses; intensive livestock keeping establishments; recreation areas; roads; utility installations (other than gas holders or generating works).

4Prohibited

Any purpose other than a purpose included in Item 2 or 3 of the matter relating to this zone.

(Rural “F1” (Forests) Zone)1Objectives of zone

The objectives of this zone are:

(a)
to enable forestry and recreational activities, and
(b)
to enable appropriate development falling within Item 3.

2Without development consent

Any purpose ordinarily incidental or subsidiary to purposes included in this Item or Item 3 of the matter relating to this zone; camping grounds; forestry; gravel extraction on sites of less than 0.5 hectares; picnic grounds; roads; utility installations (other than gas holders, generating works or radio or television transmitter towers).

3Only with development consent

Advertisements; agriculture; car parking; demolition; extractive industries (other than those included in Item 2 of the matter relating to this zone); mines; recreation areas (other than those included in Item 2 of the matter relating to this zone); radio or television transmitter towers.

4Prohibited

Any purpose other than a purpose included in Item 2 or 3 of the matter relating to this zone.

(Rural Residential Investigation Zone)1Objectives of zone

The objectives of this zone are:

(a)
to identify land suitable for investigation for rural residential purposes, and
(b)
to limit development so that subsequent land use conflicts with future rural residential development do not arise, and
(c)
to limit vegetation removal consistent with habitat protection objectives for future rural residential development, and
(d)
to enable appropriate development falling within Item 3.

2Without development consent

Nil.

3Only with development consent

Advertisements; agriculture other than intensive livestock keeping establishments; bed and breakfast establishments; car parking; child care centres; community centres; demolition; dual occupancies (attached dwellings only); dwelling-houses; forestry; general stores; home businesses; recreation areas; roads; rural tourist facilities; utility installations (other than gas holders or generating works).

4Prohibited

Any purpose other than a purpose included in Item 3 of the matter relating to this zone.

(Rural Residential Zone)1Objectives of zone

The objectives of this zone are:

(a)
to enable the development of land within this zone for rural residential purposes, and
(b)
to enable appropriate development falling within Item 3.

2Without development consent

Nil.

3Only with development consent

Advertisements; agriculture other than intensive livestock keeping establishments; bed and breakfast establishments; car parking; child care centres; community centres; demolition; dual occupancies (attached dwellings only); dwelling-houses; exhibition homes; forestry; general stores; home businesses; recreation areas; roads; rural tourist facilities; utility installations (other than gas holders or generating works).

4Prohibited

Any purpose other than a purpose included in Item 3 of the matter relating to this zone.

(Rural “U” (Urban Fringe) Zone)1Objectives of zone

The objectives of this zone are:

(a)
to allow land not suitable for the urban building development (due to reasons such as environmental constraints or the need for buffers between different land uses) to be used as part of the curtilage of the urban buildings on the land parcel, and
(b)
to enable the provision of services and facilities associated with an urban (in particular, residential) land use and which are unlikely to adversely affect the residential amenity or environmental qualities, and
(c)
to enable appropriate development falling within Item 3.

2Without development consent

Works for the purpose of landscaping, gardening, bushfire hazard reduction or control of noxious weeds.

3Only with development consent

Advertisements; agriculture; buildings for the purpose of landscaping, gardening, bushfire hazard reduction or control of noxious weeds; car parking; demolition; home businesses; recreation areas; retail plant nurseries; roads; utility installations (other than gas holders or generating works).

4Prohibited

Any purpose other than a purpose included in Item 2 or 3 of the matter relating to this zone.

(Residential “A1” Zone)1Objectives of zone

The objectives of this zone are:

(a)
to identify land suitable for residential purposes, and
(b)
to ensure the provision of services and facilities associated with residential land uses or which are unlikely to affect residential amenity, and
(c)
to ensure a variety of housing choice, and
(d)
to enable appropriate development falling within Item 3.

2Without development consent

Nil.

3Only with development consent

Any purpose other than a purpose included in Item 2 or 4 of the matter relating to this zone.

4Prohibited

Aeroplane landing areas; brothels; bulk stores; car repair stations; commercial premises (other than those within neighbourhood centres); extractive industries; forestry; gas holders; generating works; helipads; heliports; industries; institutions; junk yards; liquid fuel depots; mines; motor showrooms; multiple occupancies; roadside stalls; rural tourist facilities; sawmills; service stations (other than those within neighbourhood centres); shops (other than those within neighbourhood centres); stock and sale yards; transport terminals (other than bus stations); warehouses; workers’ dwelling-houses.

(Residential “A2” (Restricted) Zone)1Objectives of zone

The objectives of this zone are:

(a)
to limit the intensity of development on urban land which is flood liable, and
(b)
to enable the provision of services and facilities appropriate to the flood liability of the area, and
(c)
to enable appropriate development falling within Item 3.

2Development without consent

Nil.

3Only with development consent

Advertisements; agriculture (other than animal boarding or training establishments and intensive livestock keeping establishments); car parking; demolition; dwelling-houses; exhibition homes; home businesses; public buildings; recreation areas; retail plant nurseries; roads; utility installations (other than gas holders or generating works).

4Prohibited

Any purpose other than a purpose included in Item 3 of the matter relating to this zone.

(Residential “A4” Zone)1Objectives of zone

The objectives of this zone are:

(a)
to identify urban land suitable for low density residential development on land with limited environmental qualities, and
(b)
to enable the provision of services and facilities associated with a residential land use and which are unlikely to adversely affect the residential amenity or environmental qualities, and
(c)
to enable appropriate development falling within Item 3.

2Without development consent

Agriculture (other than animal boarding or training establishments and intensive livestock keeping establishments).

3Only with development consent

Advertisements; animal boarding or training establishments; bed and breakfast establishments; car parking; child care centres; demolition; dual occupancies (attached dwellings only); dwelling-houses; exhibition homes; home businesses; hospitals; intensive livestock keeping establishments; places of public worship; recreation areas; retail plant nurseries; roads; utility installations (other than gas holders or generating works).

4Prohibited

Any purpose other than a purpose included in Item 2 or 3 of the matter relating to this zone.

(Residential “C” (Consolidation) Zone)1Objectives of zone

The objectives of this zone are:

(a)
to allow small lot residential subdivision to achieve medium density residential development,
(b)
to limit the permissible land uses to those appropriate in a residential area targeted for higher dwelling density,
(c)
to enable appropriate development falling within Item 3.

2Without development consent

Nil.

3Only with development consent

Advertisements; bed and breakfast establishments; bus stations; car parking; caravan parks; child care centres; cluster housing; community centres; demolition; dual occupancies; dwelling-houses; general stores; home businesses; medical centres; neighbourhood centres; places of assembly; places of public worship; public buildings; recreational areas; residential flat buildings; roads; utility installations (other than gas holders, generating works and radio or television transmitter towers).

4Prohibited

Any purpose other than a purpose included in Item 2 or 3 of the matter relating to this zone.

(Residential “T” (Tourist) Zone)1Objectives of zone

The objectives of this zone are:

(a)
to ensure that permanent residential development does not sterilise identified tourism precincts, and
(b)
to permit and encourage tourist and ancillary residential development and associated services and facilities where such services and facilities are an integral part of the development and are of a scale appropriate to the needs generated by that development, or which are compatible with tourist and associated residential accommodation, and
(c)
to enable appropriate development falling within Item 3.

2Without development consent

Nil.

3Only with development consent

Advertisements; agriculture; airline terminals; bed and breakfast establishments; boarding houses; bus stations; car parking; caravan parks; child care centres; clubs; community centres; demolition; dual occupancies; dwelling-houses; educational establishments; exhibition homes; general stores; home businesses; hotels; medical centres; motels; places of assembly; public buildings; recreation areas; recreation establishments; recreation facilities; refreshment rooms; residential flat buildings; roads; tourist facilities; utility installations (other than gas holders or generating works).

4Prohibited

Any purpose other than a purpose included in Item 3 of the matter relating to this zone.

(Tourist (Restricted) Zone)1Objectives of zone

The objectives of this zone are:

(a)
to allow tourist related development, and
(b)
to restrict development to accommodation for non-permanent residents due to the constraints created by the possibility of flooding and by aircraft noise, and
(c)
to enable appropriate development falling within Item 3.

2Without development consent

Nil.

3Only with development consent

Advertisements; airline terminals; bed and breakfast establishments; bus stations; caravan parks catering exclusively for short term residents; car parking; commercial premises; demolition; dwelling-houses and dwellings; educational establishments; general stores; home businesses; hotels; motels; places of assembly; recreation areas; recreation establishments; recreation facilities; refreshment rooms; retail plant nurseries; roads; shops; tourist facilities; utility installations (other than gas holders, generating works, or radio or television transmitter towers).

4Prohibited

Any purpose other than a purpose included in Item 2 or 3 of the matter relating to this zone.

(Residential “V” (Village or Township) Zone)1Objectives of zone

The objectives of this zone are:

(a)
to provide for a wide range of land uses or works in a consolidated village environment, and
(b)
to allow in appropriate locations business and neighbourhood services and facilities which serve the local community and surrounding rural area, and
(c)
to enable appropriate development falling within Item 3.

2Without development consent

Nil.

3Only with development consent

Any purpose other than a purpose included in Item 2 or 4 of the matter relating to this zone.

4Prohibited

Aeroplane landing areas; brothels; cluster housing; extractive industries; institutions; junk yards; mines; multiple occupancies; neighbourhood centres; offensive or hazardous industries; radio or television transmitter towers; workers’ dwelling-houses.

(General Business Zone)1Objectives of zone

The objectives of this zone are:

(a)
to allow a range of retail, office and commercial development appropriate to the status and function of the particular retail centre, and
(b)
to allow a wide range of uses which may be ancillary to, supportive of, or appropriately located near, or with, retail and commercial facilities, and
(c)
to facilitate strong, multi-functional town centres, and
(d)
to enable appropriate development falling within Item 3.

2Without development consent

Nil.

3Only with development consent

Any purpose other than a purpose included in Item 4 of the matter relating to this zone.

4Prohibited

Aeroplane landing areas; brothels; dual occupancies; exhibition homes; extractive industries; gas holders; generating works; industries other than light industries; junk yards; liquid fuel depots; mines; multiple occupancies; rural tourist facilities; sawmills; stock and sale yards.

(Peripheral Business Zone)1Objectives of zone

The objectives of this zone are:

(a)
to provide land for the establishment of services and light industries appropriate to the locality, and
(b)
to enable a range of light industrial and related service land uses, without unduly detracting from the retail strength of the existing business district, and
(c)
to ensure the nature of light industrial activities are compatible with adjoining landuses, and
(d)
to enable appropriate development falling within Item 3.

2Without development consent

Nil.

3Only with development consent

Advertisements; bulk stores; bus stations; carparking; car repair stations; child care centres; commercial premises referred to in Schedule 2; clubs; community centres; demolition; dwellings used in conjunction with anything else included in this Item and situated on the same land as that on which development for the purpose of the other thing is carried out; general stores; light industries; medical centres; motor showrooms; places of assembly; places of public worship; public buildings; recreation areas; recreation facilities; refreshment rooms; retail plant nurseries; roads; service stations; shops referred to in Schedule 2; utility installations (other than gas holders or generating works); warehouses.

4Prohibited

Any purpose other than a purpose included in Item 3 of the matter relating to this zone.

(Neighbourhood Business Zone)1Objectives of zone

The objectives of this zone are:

(a)
to identify shopping centres that serve a neighbourhood by providing services and facilities within convenient travelling distance, and
(b)
to limit the range and size of retail activity appropriate to the retail hierarchy and residential locality, and
(c)
to enable appropriate development falling within Item 3.

2Without development consent

Nil.

3Only with development consent

Any purpose other than a purpose included in Item 4 of the matter relating to this zone.

4Prohibited

Agriculture; bed and breakfast establishments; brothels; bulk stores; car repair stations; caravan parks; cluster housing; dual occupancies; dwelling-houses (other than those attached to and associated with a purpose included in Item 3 of the matter relating to this zone); exhibition homes; extractive industries; forestry; gas holders; generating works; helipads; heliports; industries; institutions; junk yards; liquid fuel depots; mines; motor showrooms; multiple occupancies; professional consulting rooms; recreation establishments; rural tourist facilities; roadside stalls; sawmills; stock and sale yards; transport terminals (other than airline terminals and bus stations); warehouses.

(Special Business Zone)1Objectives of zone

The objectives of this zone are:

(a)
to allow retail and commercial activities which are related to motor vehicle sales, servicing or minor repairs, and
(b)
to allow bulky goods retail activities (which are best suited to sites with main road frontage and to locations outside general business centres), and
(c)
to prohibit general business activities (which are more appropriately located within general business centres), and
(d)
to enable appropriate development falling within Item 3.

2Without development consent

Nil.

3Only with development consent

Advertisements; bulk stores; car repair stations; car parking; commercial premises referred to in Schedule 2; demolition; motor showrooms; places of assembly; recreation areas; recreation facilities; roads; service stations; shops referred to in Schedule 2; transport terminals; utility installations (other than gas holders, generating works or radio or television transmitter towers); warehouses.

4Prohibited

Any purpose other than a purpose referred to in Item 2 or 3 of the matter relating to this zone.

(Tourist Business Zone)1Objectives of zone

The objectives of this zone are:

(a)
to permit development appropriate to the status and function of the particular business centre, and
(b)
to permit a range of tourist developments which take advantage of the tourism potential of the centre, and
(c)
to enable appropriate development falling within Item 3.

2Without development consent

Nil.

3Only with development consent

Any purpose other than a purpose included in Item 4 of the matter relating to this zone.

4Prohibited

Aeroplane landing areas; agriculture; brothels; bulk stores; car repair stations; caravan parks; dual occupancies; dwellings-houses (other than those attached to and associated with a purpose included in Item 3 of the matter relating to this zone); exhibition homes; extractive industries; forestry; gas holders; generating works; industries; institutions; junk yards; liquid fuel depots; medical centres; mines; motor showrooms; multiple occupancies; professional consulting rooms; public buildings; recreation establishments; roadside stalls; sawmills; stock and saleyards; transport terminals (other than airline terminals and bus stations); warehouses.

(Industrial “A” (General Industrial) Zone)1Objectives of zone

The objectives of this zone are:

(a)
to ensure an adequate supply of land for industrial purposes in appropriate localities, and
(b)
to allow land uses which may provide services and facilities, or may be ancillary or supportive of, or will not restrict the development of, the industrial area or detrimentally affect the economic structure of any business zone, and
(c)
to enable appropriate development falling within Item 3.

2Without development consent

Nil.

3Only with development consent

Any purpose other than a purpose included in Item 4 of the matter relating to this zone.

4Prohibited

Aeroplane landing areas; bed and breakfast establishments; boarding houses; caravan parks; cluster housing; community centres; dual occupancies; dwellings (other than those used in conjunction with a purpose included in Item 3 of the matter relating to this zone and situated on land on which development for that purpose is carried out); educational establishments; exhibition homes; extractive industries; hospitals; hotels; institutions; medical centres; mines; motels; multiple occupancies; neighbourhood centres; places of assembly; places of public worship; professional consulting rooms; roadside stalls; shops and commercial premises (other than those referred to in Schedule 2); stock and sale yards; tourist facilities.

(Service Industrial Zone)1Objectives of zone

The objectives of this zone are:

(a)
to ensure an adequate supply of land for light industrial purposes in appropriate localities, and
(b)
to allow land uses which may be ancillary or supportive of, or will not restrict the development of the industrial area and will not detrimentally affect the economic structure of any business zone, and
(c)
to ensure the nature of industrial activities are compatible with adjoining urban land uses, and
(d)
to enable appropriate development falling within Item 3.

2Without development consent

Nil.

3Only with development consent

Any purpose other than a purpose included in Item 4 of the matter relating to this zone.

4Prohibited

Aeroplane landing areas; airline terminals; bed and breakfast establishments; boarding houses; brothels; caravan parks; cluster housing; commercial premises (other than those referred to in Schedule 2); dual occupancies; dwelling-houses (other than those used in conjunction with a purpose included in Item 3 of the matter relating to this zone); exhibition homes; extractive industries; forestry; gas holders; generating works; home businesses; hospitals; hotels; industries (other than light industries); institutions; medical centres; mines; motels; multiple occupancies; neighbourhood centres (other than those containing purposes included in Item 3 of the matter relating to this zone); recreation establishments; residential flat buildings; roadside stalls; sawmills; shops (other than those referred to in Schedule 2); stock and sale yards; tourist facilities.

(Industrial Technology Zone)1Objectives of zone

The objectives of this zone are:

(a)
to provide land for:
- (i)
  industries that require location near the airport, or are significantly benefitted by location near the airport, and
- (ii)
  information technology or emergent technology industries,
(b)
to provide land for industries which create new employment opportunities for the Hastings area due to the product produced by the industry being exported from the area, or being able to replace products imported into the area,
(c)
to provide land for industries which have a significant multiplier effect in the regional economy,
(d)
to only allow:
- (i)
  other industries, commercial activities or educational establishments that require location with the technology or employment-generating industries within the zone, or
- (ii)
  commercial activities that require location near the airport, or are significantly benefitted by location near the airport,
(e)
to allow other ancillary uses appropriate to service the needs of persons employed in the industrial area,
(f)
to ensure attractive and well landscaped development occurs within the zone, and
(g)
to enable appropriate development falling within Item 3 relating to this zone, subject to the special considerations contained in clause 38A.

2Without development consent

Nil.

3Only with development consent

Advertisements; aeroplane landing areas; bulk stores; car parking; child care centres; commercial premises; community centres; demolition; dwellings used in conjunction with another land use included within this Item and situated within a building within which that use is carried out; educational establishments; helipads; heliports; light industries; liquid fuel depots; public buildings; recreation areas; recreation facilities; roads; shops; tourist facilities; transport terminals (other than bus depots); utility installations (other than gas holders and generating works); warehouses.

4Prohibited

Any purpose other than a purpose included in Item 3 of the matter relating to this zone.

(Special Uses “A” Zone)1Objectives of zone

The objectives of this zone are:

(a)
to identify land which is being used or likely to be used for public purposes and enable the development of that land for the purpose shown on the map, and
(b)
to enable the development of land within this zone for other purposes where Council is satisfied that the proposed use will not affect development of the land for the purpose for which it has been zoned or the amenity of the locality, and
(c)
to enable appropriate development falling within Item 3.

2Without development consent

Nil.

3Only with development consent

Advertisements; car parking; demolition; recreation areas; roads; the particular purpose indicated by black lettering on the map; utility installations (other than gas holders or generating works).

4Prohibited

Any purpose other than a purpose included in Item 3 of the matter relating to this zone.

(Special Uses “C” (Buffer) Zone)1Objectives of zone

The objectives of this zone are:

(a)
to ensure adequate separation of particular land uses which, by their nature, require isolation from other development, and
(b)
to enable appropriate development falling within Item 3.

2Without development consent

Nil.

3Only with development consent

Any purpose consistent with the objectives of this zone.

4Prohibited

Any purpose other than a purpose included in Item 3 of the matter relating to this zone.

(Open Space “A” (Existing Recreation) Zone)1Objectives of zone

The objectives of this zone are:

(a)
to identify areas which are capable of being used for public recreation, and
(b)
to enable development of land within this zone for recreation and other purposes that do not adversely affect the recreational use of the land, and
(c)
to enable appropriate development falling within Item 3.

2Without development consent

Works for the purpose of landscaping, gardening or bushfire hazard reduction.

3Only with development consent

Advertisements; community centres; demolition; recreation areas; roads; utility installations (other than gas holders or generating works).

4Prohibited

Any purpose other than a purpose included in Item 2 or 3 of the matter relating to this zone.

(Open Space “B” (Proposed Recreation) Zone)1Objectives of zone

The objectives of this zone are:

(a)
to identify land not in public ownership which is proposed to be used principally for the purposes of public recreation and which may be acquired by the Council, and
(b)
to enable development of land within this zone for recreation and other purposes that do not adversely affect the future recreational use of the land, and
(c)
to enable appropriate development falling within Item 3.

2Without development consent

Works for the purposes of landscaping, gardening or bushfire hazard reduction.

3Only with development consent

Advertisements; community centres; demolition; recreation areas (other than works for the purposes of landscaping, gardening or bushfire hazard reduction); roads; utility installations (other than gas holders or generating works).

4Prohibited

Any purpose other than a purpose included in Item 2 or 3 of the matter relating to this zone.

(Open Space “C” (Private Recreation) Zone)1Objectives of zone

The objectives of this zone are:

(a)
to identify areas where privately operated recreational facilities are provided, and
(b)
to enable development of land within this zone for recreation and other purposes that do not adversely affect the recreational use of the land, and
(c)
to enable appropriate development falling within Item 3.

2Without development consent

Works for the purpose of landscaping, gardening or bushfire hazard reduction.

3Only with development consent

Advertisements; clubs; community centres; demolition; places of assembly; recreation areas; recreation facilities; roads; utility installations (other than gas holders or generating works).

4Prohibited

Any purpose other than a purpose included in Item 2 or 3 of the matter relating to this zone.

(Environment Protection “A” (Wetlands) Zone)1Objectives of zone

The objectives of this zone are:

(a)
to identify and protect significant wetland areas from incompatible development which will have a significant impact on the wetland, and
(b)
to enable appropriate development falling within Item 3.

2Without development consent

Nil.

3Only with development consent

Advertisements; agriculture; demolition; dual occupancies (attached dwellings only); dwelling-houses; home businesses; recreation areas; roads; utility installations (other than gas holders or generating works).

4Prohibited

Any purpose other than a purpose included in Item 3 of the matter relating to this zone.

(Environment Protection “B” (Secondary) Zone)1Objectives of zone

The objectives of this zone are:

(a)
to protect land with local environmental significance, and
(b)
to limit development of land that has severely limited urban capability and is located within an urban area, and
(c)
to maintain a system of natural or semi-natural environments, to re-establish missing sections of natural environments and to provide adequate buffers around more important environment protection areas, and
(d)
to enable appropriate development falling within Item 3.

2Without development consent

Works for the purpose of control of noxious plants.

3Only with development consent

Advertisements; buildings for the purpose of landscaping, gardening or control of noxious plants; demolition; recreation areas; roads; utility installations (other than gas holders or generating works); works for the purpose of landscaping or gardening.

4Prohibited

Any purpose other than a purpose included in Item 2 or 3 of the matter relating to this zone.

(Environment Protection “D” (Scenic) Zone)1Objectives of zone

The objectives of this zone are:

(a)
to identify and protect various areas of particular scenic significance, and
(b)
to enable appropriate development falling within Item 3.

2Without development consent

Nil.

3Only with development consent

Advertisements; agriculture; demolition; dual occupancies (attached dwellings only); dwelling-houses; forestry; home businesses; recreation areas; roads; rural tourist facilities; utility installations (other than gas holders or generating works).

4Prohibited

Any purpose other than a purpose included in Item 3 of the matter relating to this zone.

(Environment Protection “F1” (Coastal Lands Protection) Zone)1Objectives of zone

The objectives of this zone are:

(a)
to identify and protect, from incompatible development, coastal foreshore areas which are environmentally sensitive, hazardous or visually significant, and
(b)
to enable appropriate development falling within Item 3.

2Without development consent

Nil.

3Only with development consent

Advertisements; caravan parks; demolition; dual occupancies (attached dwellings only); dwelling-houses; extractive industries; forestry; home businesses; mines; recreation areas; roads; utility installations (other than gas holders or generating works).

4Prohibited

Any purpose other than a purpose included in Item 3 of the matter relating to this zone.

(Environment Protection “F2” (Coastal Lands Acquisition) Zone)1Objectives of zone

The objectives of this zone are:

(a)
to protect visually and environmentally important foreshore areas that are designated for acquisition, and
(b)
to enable appropriate development falling within Item 3.

2Without development consent

Nil.

3Only with development consent

Advertisements; demolition; dual occupancies (attached dwellings only); dwelling-houses; home businesses; recreation areas; roads; utility installations (other than gas holders or generating works).

4Prohibited

Any purpose other than a purpose included in Item 3 of the matter relating to this zone.

(Environment Protection “H” (Habitat) Zone)1Objectives of zone

The objectives of this zone are:

(a)
to maintain natural habitats for native plants and animals within the local ecological subsystem, and
(b)
to maintain a network of natural or semi-natural environmental habitats and to re-establish missing sections of natural environmental habitats, and
(c)
to protect the environmental qualities and values of natural habitats (including creek lines), and
(d)
to permit roads and services to cross habitat area in a manner that has minimal adverse impacts on habitat values, and
(e)
to enable appropriate development falling within Item 3.

2Without development consent

Works for the purpose of control of noxious weeds.

3Only with development consent

Advertisements; buildings for the purpose of landscaping, gardening or control of noxious weeds; demolition; recreation areas (excluding sporting fields); roads; utility installations consisting of bushfire trails (other than perimeter trails), lines, pipes and pumping stations only; works for the purpose of landscaping or gardening.

4Prohibited

Any purpose other than a purpose included in Item 2 or 3 of the matter relating to this zone.

(National Parks and Nature Reserves “A” (Existing) Zone)1Objectives of zone

The objectives of this zone are:

(a)
to identify land reserved under the National Parks and Wildlife Act 1974, and
(b)
to enable appropriate development falling within Item 3 in the Table to clause 12 in the matter relating to Zone No 8 (a).

2Without development consent

Development authorised under the National Parks and Wildlife Act 1974.

3Only with development consent

Nil.

4Prohibited

Any purpose other than a purpose included in Item 2 of the matter relating to this zone.

(National Parks and Nature Reserves “B” (Proposed Future National Park Extension Area) Zone)1Objectives of zone

The objectives of this zone are:

(a)
to identify land proposed to be acquired under the National Parks and Wildlife Act 1974, and
(b)
to enable appropriate development falling within Item 3.

2Without development consent

Agriculture (other than animal boarding or training establishments, intensive livestock keeping establishments, the carrying out of works for the purposes of agriculture, the clearing of trees and native vegetation or the erection of sheds or other outbuildings associated with agriculture); development authorised under the National Parks and Wildlife Act 1974.

3Only with development consent

Advertisements; clearing of trees or native vegetation; demolition; erection or use of a shed or other outbuilding or the carrying out of a work for the purposes of agriculture (other than the clearing of trees and native vegetation); miscellaneous forestry; selective logging; utility installations (other than gas holders or generating works).

4Prohibited

Any purpose other than a purpose including in Item 2 or 3 of the matter relating to this zone.

(Reservation “B” (Arterial Roads) Zone)1Objectives of zone

The objectives of this zone are:

(a)
to ensure that land required for future essential arterial roads and road widening is clearly designated, and
(b)
to provide for the acquisition of land so designated, and
(c)
to allow the continued use of land so designated until it is required, and
(d)
to enable appropriate development falling within Item 3.

2Without development consent

Roads; widening of existing roads.

3Only with development consent

demolition; Recreation areas; utility installations (other than gas holders or generating works).

4Prohibited

Any purpose other than a purpose included in Item 2 or 3 of the matter relating to this zone.

(Local Roads Zone)1Objectives of zone

The objectives of this zone are:

(a)
to ensure that land required for future essential local roads and road widening is clearly designated, and
(b)
to provide for the acquisition of land so designated, and
(c)
to allow continued use of land so designated until it is required, and
(d)
to allow appropriate development falling within Item 3.

2Without development consent

Roads; widening of existing roads.

3Only with development consent

Advertisements; car parking; demolition; recreation areas; utility installations (other than gas holders, generating works or radio or television transmission towers).

4Prohibited

Any purpose other than a purpose referred to in Item 2 or 3 of the matter relating to this zone.

Part 3Special provisions13Subdivision(1)

A person shall not subdivide land to which this plan applies without the consent of the Council.

(2)

The Council shall not grant consent to the subdivision of any part of the land to which this plan applies unless the plan of subdivision makes provision for any proposed road on that part of that land shown by parallel broken lines on the map, to be opened generally in the location shown on the map.

14Subdivision of land—Zone No 1 (a1), 1 (a2), 1 (a3), 1 (a4), 1 (i), 7 (a) or 7 (d)(1)

This clause applies to land within Zone No 1 (a1), 1 (a2), 1 (a3), 1 (a4), 1 (i), 1 (g), 7 (a) or 7 (d).

(2)

The Council shall not consent to a subdivision of land to which this clause applies unless each allotment to be created by the subdivision will have:

(a)
for land within Zone No 1 (a4)—an area of not less than 100 hectares, or
(b)
for land to which this clause applies other than land within Zone No 1 (a4):
- (i)
  an area of not less than 40 hectares, and
- (ii)
  if the allotment has frontage to a main or arterial road—a frontage of not less than 200 metres.

(3)

Notwithstanding subclause (2), the Council may consent to a subdivision of land to which this clause applies so as to create an allotment of any size, if the allotment is intended to be used for a purpose (other than a bed and breakfast establishment, dwelling-house, home business or agriculture) referred to in Item 3 of the matter relating to the zone applicable to that land in the Table to clause 12.

(4)

Nothing in this clause prevents the subdivision of land to which it applies for any of the following purposes:

(a)
the opening or widening of a public road,
(b)
minor adjustments to common property boundaries which do not involve the creation of any additional allotments, or
(c)
the rectification of an encroachment upon an existing allotment.

14ARural residential zones: Kings Creek(1)

This clause applies to land within Zone No 1 (i) or 1 (r1).

(2)

The Council shall not grant consent to development on land within Zone No 1 (i) unless it has taken into consideration the impact the development may have on the future intended use of the land for rural residential purposes, and is satisfied that the development will not unduly restrict the ability to use the land or adjoining land for rural residential purposes.

(3)

The Council shall not grant consent to the creation of any lot within Zone No 1 (r1) unless it is satisfied that buildings to be erected on the land will be situated within a building envelope below RL 45m AHD, and that a reticulated water supply will be provided to each lot.

(4)

The Council shall not grant consent for the subdivision or other development of land to which this clause applies unless it has taken into consideration the provisions of the Kings Creek Koala Plan of Management.

15Subdivision of land for rural residential purposes(1)

This clause applies to land within Zone No 1 (a1).

(2)

Notwithstanding clause 14, the Council may consent to a subdivision of land within Zone No 1 (a1) where:

(a)
the land the subject of the application has an area of not less than 30 hectares,
(b)
the total number of allotments to be created is not less than 7,
(c)
the average size of the allotments to be created is not less than:
- (i)
  in respect of land to which a reticulated water supply will be available—1.5 hectares, or
- (ii)
  in respect of land to which a reticulated water supply will not be available—4 hectares,
(d)
the Council is satisfied that the development will be carried out in a manner compatible with the matters specified in Schedule 3, and
(e)
an environmental impact report containing the matters referred to in Schedule 4 has been lodged with the development application.

(2A), (3)

(Repealed)

(3A)

In determining whether to grant consent for subdivision under this clause, the Council must take into consideration:

(a)
topographic and soil limitations with respect to house and access track location and construction,
(b)
vegetation disturbance, and
(c)
effluent disposal.

(4)

In the preparation of an environmental impact report referred to in subclause (2) (e), the person preparing the report shall consult with the Council and shall, in completing the preparation of the report, have regard to any requirements notified to the person in writing by the Council in respect of the form and content of the report.

(5)

The Council shall not consent to a subdivision referred to in this clause unless land to which the application refers is:

(i)
located at least 8 kilometres and no more than 16 kilometres from the Port Macquarie Post Office,
(ii)
within a 5 kilometre radius of Kendall, Wauchope, Beechwood or Telegraph Point Post Offices, or
(iii)
within 2 kilometres of land within Zone No 1 (c1).

15ASubdivision of land for co-operative farming purposes(1)

This clause applies to co-operative farming on land within Zone No 1 (a1).

(2)

In this clause, co-operative farming means commercial farming by a group of owners where the major agricultural activity is managed in common and where the agricultural activity occurs in large contiguous areas with any dwelling component located outside those agricultural areas.

(3)

The objectives of this clause are:

(a)
to encourage efficient agricultural use of land,
(b)
to provide for co-operative farming ventures,
(c)
to ensure rural residential allotments are environmentally acceptable, achieve an appropriate density in respect of location, can be adequately serviced and do not conflict with horticultural activities, and
(d)
to enhance the long term agricultural viability of land.

(4)

Notwithstanding clauses 14 and 18, subdivision of, and the erection of dwellings upon, land within Zone No 1 (a1) may be carried out with the consent of the Council, in accordance with this clause.

(5)–(7)

(Repealed)

(8)

The Council shall not grant consent to the development of land pursuant to this clause:

(a)
unless it is satisfied that:
- (i)
  preparations for the future development of the land have been completed to the extent that initial stages of horticultural production have been established in respect of each proposed allotment,
- (ii)
  the future development of the land will be likely to contribute to an increase in agricultural production from the land and to an increase in employment opportunities,
- (iii)
  appropriate measures have been taken to facilitate the co-operative farming of the land,
- (iv)
  the proposed agricultural use of the land will not involve any activities likely to cause harm or have adverse impact upon the amenity of any adjoining dwellings or other accommodation, and
- (v)
  the development will be carried out in compliance with the development standards specified in Schedule 3 (except standard 12), and
- (vi)
  the soil conservation measures undertaken or proposed to be undertaken are adequate.
(b)
(Repealed)

(9)

The Council may, subject to the provisions of this clause and of any consent granted under this clause in relation to that land, grant consent to the erection of a dwelling on an allotment created by a subdivision carried out pursuant to a consent granted under this clause.

(10)

Subclause (9) also applies to:

(a)
lots 1 to 52, DP 776681, Sancrox Road, Sancrox, and
(b)
lots 1 to 80, DP 791199, Sancrox Road, Sancrox.

(11)

In relation to any consent granted for subdivision pursuant to this clause, the number of allotments to be counted for the purposes of clause 17 may be reduced by the Council.

(12)

In determining the number of allotments referred to in subclause (11), the Council shall have regard to the nature of the development and the likelihood of dwellings being erected on each of the allotments within the 5 year period referred to in clause 17.

16Subdivision of land within Zone No 1 (c1)(1)

This clause applies to land within Zone No 1 (c1).

(2)

For the purposes of subclause (3), any allotment having an area of 1.2 hectares or more shall:

(a)
except as provided by paragraph (b), not be taken into account in determining the average area of allotments, or
(b)
in the case of an allotment having an area of more than 1.2 hectares, be taken to have an area of 1.2 hectares if , in the opinion of the Council, the area which is over 1.2 hectares is considered not to be suitable for further subdivision or development.

(3)

The Council shall not consent to a subdivision of land to which this clause applies (whether by one or more subdivisions) unless each allotment created by the subdivision has an area of not less than 4 000 square metres and the average area of allotments in the subdivision is not less than 6 000 square metres and a reticulated water supply is available to the land.

(4)

Each allotment created by a subdivision of land to which this clause applies shall have a depth not greater than 4 times its mean width.

17Subdivision of certain land within Zone No 1 (a1) or (c1)—maximum number of allotments(1)

The Council shall not consent to a subdivision of land within Zone No 1 (a1) or 1 (c1) pursuant to clause 15, 15A or 16 or within Zone No 7 (d) pursuant to clause 52:

(1)

This clause applies to land within Zone No 2 (c) adjoining The Binnacle, Port Macquarie, as shown on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 54)”.

(2)

The Council shall not grant consent to the subdivision of land to which this clause applies unless the Council is satisfied that provision has been made within the design of the subdivision for drainage across the land.

53Development of certain land at Kenwood Drive, Lake Cathie(1)

This clause applies to part lot 3, DP 585979, Kenwood Drive, Lake Cathie, as shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 7)”.

(2)

The Council must, in respect of an application for consent for subdivision of land to which this clause applies, not grant consent unless it has taken into consideration:

(a)
the impact on the quality or quantity of flows of water to the coastal wetland and fishery habitat, and
(b)
whether the development would result in pollution of the wetland or estuary and any measures to eliminate pollution, and
(c)
the adequacy of soil conservation measures proposed to be undertaken in order to minimise erosion of the land and adjoining land, and
(d)
the impact on the adjoining wetlands and fisheries habitat of runoff during and after construction, and
(e)
the impact on the Lake Innes—Lake Cathie waterway system, and
(f)
the implications of possible restoration of Lake Innes as a freshwater lake, and
(g)
the protection of any osprey nest, and
(h)
the latest information on potential flood levels affecting the land, and
(i)
the potential impacts of climate change including sea level rise.

(3)–(7)

(Repealed)

54Classification and reclassification of public land as operational

The public land described in Schedule 8 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

Note—

The Local Government Act 1993 defines public land to mean any land (including a public reserve) vested in or under the control of the council (not including a road, land to which the Crown Lands Act 1989 applies, a common or land subject to the Trustees of Schools of Arts Enabling Act 1902).

Section 25 of the Local Government Act 1993 requires all public land to be classified as either “operational” or “community” in accordance with Part 2 of Chapter 6 of the Act. The classification will generally be achieved by a local environmental plan but may, in some circumstances, be achieved by resolution of the council (see sections 31, 32 and 33). (Some land was classified as operational by virtue of the transitional provisions of the Act.)

Reclassification of land as operational will also generally be achieved by a local environmental plan. The reclassification may, in one of the limited cases described in section 32, be achieved by a council resolution.

The purpose of classification (and reclassification) is to identify clearly that land which should be kept for use by the general public (community) and that land which need not (operational). The major consequence of classification is that it determines the ease or difficulty with which land may be alienated by sale, leasing or some other means.

The current classification of public land can be ascertained from Council’s Land Register.

55Development of certain land at McGilvray Road, Bonny Hills(1)

This clause applies to Part Lot 6, DP 255418, McGilvray Road, Bonny Hills, as shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 52)”.

(2)

The Council shall not grant consent to a subdivision of land to which this clause applies unless it is satisfied that there are or will be available to the land reticulated sewage and drainage systems which will be adequate to service the future use of the land.

56Contaminated land and potentially contaminated land(1)

This clause applies to land described in Schedule 9.

(2)

The aims of this clause are to identify land known or believed to be contaminated and to apply specific requirements and considerations, consistent with the “Planning Guidelines for Contaminated Land”.

(3)

In this clause Planning Guidelines for Contaminated Land means the guidelines printed in October 1995 and prepared by the Department of Urban Affairs and Planning and the Environment Protection Authority.

(4)

In relation to land to which this clause applies, the consent authority shall not grant consent for development unless:

(a)
it has considered the relevant provisions of the Planning Guidelines for Contaminated Land in relation to the proposed development, and
(b)
if any conditions are specified in relation to that land in Schedule 9—it is satisfied that those conditions have been complied with.

(5)

The provisions of subclause (4) do not apply to a development application where site remediation has been carried out and subsequent testing, in accordance with the Planning Guidelines, verifies that no further action under this clause is necessary for the proposed development.

Editorial note—

This plan was amended by Gazette No 29 of 25.2.2000, p 1480 by “inserting after clause 55 (5) the following subclause:

(6)

Nothing in this clause affects the operation of State Environmental Planning Policy No 55—Remediation of Land with respect to land to which this plan applies.”

57Development of certain land—Greenmeadows Drive and Colonel Barney Drive, Port Macquarie(1)

Notwithstanding clauses 14 and 17, the Council may consent to the subdivision of Lot 1 DP 829920, Greenmeadows Drive and Colonel Barney Drive, Port Macquarie, so as to create three lots, if one lot consists only of land within Zone No 1 (a1), a second lot consists of land within both Zone No 1 (a1) and Zone No 2 (a1) and the third lot consists only of land within Zone No 2 (a1).

(2)

A dwelling must not be erected on land within Zone No 2 (a1) shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 108)” unless the land has a level of not less than 3.2 metres above Australian Height Datum and the habitable floor level of the dwelling is not less than 4.0 metres above Australian Height Datum.

(3)

The Council must not consent to any development of the land within Zone No 2 (a1), other than the subdivision referred to in subclause (1), until arrangements satisfactory to the Council have been made for the completion of Greenmeadows Drive.

(4)

Schedule 1

(Clauses 8 (1), 42–46)

Part 1Heritage items where interior has heritage significance

Kendall
Railway Station buildings (main building and detached men’s toilets). (HS0130)	Railway Street.
Port Macquarie
St Thomas The Apostle Anglican church building. (HS0004)	Lots 1 and 2 Section 7 and Lot 1 Section 7A DP 758852, Hay Street.
St Agnes Roman Catholic Church building and grounds. (HS0054)	Part Lots 8–10 Section 6 DP 758852, part Lot 2 DP 634711 and Lot 2 DP 571455, Horton and Hay Streets.
“Roto House” building. (HS0001)	Macquarie Nature Reserve, Lord Street.
Wauchope
Courthouse building (excluding additions). (HS0048)	Part Lot 2, No 41 Hastings Street.

Part 2Other heritage items

Bagnoo
Thone River Bridge. (HS0036)	Oxley Highway.
Ballengarra
Historic well. (HS0025)	Part Portions 13 and 82, Doyles Smiths Creek Road, Parish of Cairncross.
Former sugar plantation “Yadillah”. (HS0024)	Part Portions 11 and 12 , Rollands Plains Road, Parish of Cairncross.
Beechwood
School building. (HS0107)	Lot 141 DP 754446, and part Portion 107, Beechwood Road, Parish of Redbank.
Uniting Church building. (HS1018)	Part Lot 3 DP 729837, Beechwood Road, Parish of Redbank.
Cemetery. (HS0012)	Reserve 15482, corner Pappinbarra Road and Koree Island Road.
Camden Haven (Kendall to Dellward)
Former timber tramway earthworks. (HS0032)	Vicinity of Kew-Comboyne Road.
Cells Creek
Former goldmine. (HS0116)	Within Doyles River State Forest.
Comboyne
Cemetery. (HS0117)	Reserve No 48917, O’Sullivans Lane.
Ellenborough
Cemetery. (HS0118)	Reserve No 19356, Oxley Highway.
Police Station building and associated mature trees. (HS0119)	Reserve No 59933, via Oxley Highway.
Fernbank Creek
Dwelling-house. (HS0057)	Lot 3 DP 613998, Fernbank Creek Road.
Herons Creek
Saint Mary the Virgin Church.	Lot 2, DP 837307, Blackbutt Forest Road.
Kendall
Railway bridge. (HS0120)	Over Camden Haven River.
ANZAC War Memorial. (HS0121)	Corner Comboyne and Albert Streets.
School of Arts (Community) Hall. (HS0031)	Lot 36 DP 754418, No 19 Comboyne Street (corner Albert Street).
Dwelling-house. (HS0122)	Lots 13 and 14, Section A, DP 5678, No 34 Comboyne Street.
Central School building (built 1880). (HS0124)	Corner Comboyne Street and Logans Crossing Road.
Cemetery. (HS0125)	Kendall Forest Road.
Roman Catholic Church building. (HS0128)	Lot 1 DP 717923, Laurel Street.
Dwelling-house. (HS0126)	Lot 1 DP 339359, No 9 Laurel Street.
Uniting Church building. (HS0127)	Part Lot 29 Section A DP 7734, No 5 Laurel Street.
Dwelling-house. (HS0129)	Lot 40 Section B DP 7734, No 23 Railway Street.
All Saints Anglican Church. (HS 0123)	Lot 1, DP 574137, Comboyne Street.
Kew
Police Station building. (HS0131)	Part Portion 62, No 20 Tathra Road, Parish of Camden Haven.
Royal Hotel. (HS0132)	Lot 1 DP 557965, corner Pacific Highway and Ocean Drive.
Kindee
Kindee Road. (HS0011)	Suspension Bridge over Hastings River.
Mortons Creek
Dwelling-house and graves (Bellangry House). (HS0110)	Lot 137 DP 754406, off Bellangry Road.
Port Macquarie
Hibbard Slipway. (HS0019)	Lot 1 DP 774887, Lot 694 DP 729765 and Lot 699 DP 822635, Boundary Street.
Graves. (HS0016)	Reserve No 82916, Clarence Street.
Brick stormwater drain. (HS0035)	Clarence Street between Hay and Murray Streets.
Former Courthouse building and mature Norfolk Island pine trees. (HS0013)	Lot 675 DP 722652, corner Clarence and Hay Streets.
“Garrison” Building. (HS0014)	Lot 1 DP 630109, No 26 Clarence Street (corner Hay Street).
Hastings District Historical Society Museum building. (HS0015)	Lot 1 DP 744652, No 22 Clarence Street.
Former Pilots boatshed building. (HS0022)	Western end, No 79 Clarence Street.
Historic Cemetery. (HS0003)	Gordon Street.
Part of original Gordon Street bridge abutments. (HS0058)	R 87617, Kooloonbung Creek, north of Gordon Street.
“Lindel Hostel” building. (HS0065)	Lot 2 DP 536032, No 2 Hastings River Drive (corner Gordon Street).
Training walls and breakwalls. (HS0060)	Hastings River entrance.
“Ballina” paddlesteamer wreck. (HS0020)	Off mouth of Hastings River.
“Hamilton House” and Art Society (former school) buildings. (HS0063 and HS0062)	R 93247 and R 97977, No 198 Hastings River Drive.
Former police station, lockup and residence. (HS0068)	Lot 674 DP 722652, Hay Street.
Colonial Chapel of Christ the Healer building. (HS0038)	Lots 1 and 2 Section 7 and Lot 1 Section 7A DP 758852, Hay Street.
Cemetery. (HS0030)	Reserve No 9355, Hibbard Drive.
War Memorial. (HS0061)	Town Green, Reserve No 82306, Horton Street.
Westpac Bank building. (HS0070)	Lot 2 DP 597002, No 35 Horton Street.
Royal Bank building—original street facade. (HS0072)	Lot 10 DP 773026, No 49 Horton Street.
Hayward House building. (HS0002)	Part lot A DP 161382, No 102 Horton Street.
Former single-storey Methodist Church building. (HS0073)	Lot 1 DP 817934, Horton Street.
Convict well. (HS0071)	Lot 1 DP 704798, No 158 Horton (corner Gordon Street).
“Coolenberg” dwelling-house. (HS0069)	Lot 1 DP 616008, No 60 Lake Road, corner Hill Street.
Remains of former Tacking Point lighthouse keeper’s dwelling-house. (HS0055)	Lot 2 DP 22861, Lighthouse Road.
Tacking Point Lighthouse building. (HS0009)	Lot 2 DP 22861, Lighthouse Road.
Well. (HS0008)	Munster Street, adjoining Courthouse, Lot 659 DP 47332.
“Grantham” dwelling-house. (HS0007)	Lot 79 DP 785317, Muston Street.
“Douglas Vale” dwelling-house and grounds. (HS0075)	Lot 12 to 14 DP 794235, Oxley Highway.
Cemetery. (HS0076)	Corner Oxley Highway and Widderson Street.
Obelisk. (HS0005)	Nobby’s Head, R 71183, Pacific Drive.
“The Cross” navigational marker. (HS0082)	Vicinity of Lot 5 DP 263360, Park Street.
Well. (HS0029)	Historic Well Motel, Lots 4, 5 and part 3 Section 63 DP 758852, No 1 Stewart Street (corner Lord Street).
Lake Innes House ruins and environs (including boathouse and corduroy road sites). (HS0006 and HS0074)	Lot 3 DP 801087 and part Lake Innes Nature Reserve, The Ruins Way.
“Haumoana” dwelling-house and picket fence. (HS0041)	Lot 8 Section 23 DP 758853, Waugh Street.
Remnants of stone swale and kerbing. (HS0037)	North side of William Street between Hay and Horton streets.
Pilots Memorial. (HS0077)	Flagstaff Hill, Reserve No 82916, William Street.
Three dwelling-houses. (HS0078, HS0079 and HS0080)	Lot 16 Section 65 DP 758852, Nos 2, 4 6 William Street.
Former dwelling-house. (HS0081)	Part Lot 2 Section 8 DP 758852, being land in FP 168127, No 98 William Street.
Royal Hotel. (HS 0039)	Lot 1 DP 607258, Horton Street.
Macquarie Hotel. (HS 0052)	Lot 2 DP 607258, Horton Street.
Ritz Theatre Complex. (HS 0053)	Lot 1 DP 631801 and Lot 2 DP 631810, Horton Street.
Rawdon Island
Pedestrian Suspension Bridge. (HS0145)	Over Caswell Channel to the locality of Hursley.
Former School building and teacher’s dwelling-house. (HS0146)	Lot 30 FP 905648, Rawdon Island Road.
Former Post Office building. (HS0051)	Lots 28, 29, 33, 37 and 38 DP 754446 and part Portion 9, off Rawdon Island Road, Parish of Redbank.
Rollands Plains
Road bridge. (HS0147)	Over Brill Brill Creek, Rollands Plains Road.
Cemetery. (HS0148)	Off Rollands Plains Road.
Rosewood
Crossroads Cemetery. (HS0040)	Adjoining Lot 15 DP 754428, Rosewood Road.
Sancrox
Johnston’s Grave. (HS0150)	Cemetery, Warlters Road.
Telegraph Point
Road bridge over railway line. (HS0153)	Serving in part former butter factory, off Cooperabung Drive.
Former butter factory. (HS0157)	Lot 2 DP 206773, off Cooperabung Drive.
Timber mill. (HS0155)	Lot 1 DP 512380, No 320 Cooperabung Drive.
Cemetery. (HS0154)	Farrawells Road.
Two shops. (HS0042 and HS0043)	Lots 8 and 9 DP 243959, River Street.
St Bernards Roman Catholic Church building. (HS0156)	Lot 2 DP 633081, River Street.
Railway station water tower. (HS0152)	Railway land adjoining River Street.
Railway bridge. (HS0050)	Over Wilson River.
Upper Rollands Plains
Former tin mine. (HS0149)	Bobs Ridge Road, within Kippara State Forest.
Wauchope
Davis Memorial Church building. (HS0085)	Part Portion 4, No 39 Campbell Street, Parish of Koree.
“Lincoln Hall” dwelling-house. (HS0087)	Lot 12 DP 569016, No 20 Guy Street.
Railway Bridge. (HS0089)	Over Hastings River.
Former police dwelling-house. (HS0045)	Part Lot 2, No 41 Young Street (corner Hastings Street).
Uniting Church building (excluding extensions). (HS0091)	Lot 1 DP 797394, No 41 Hastings Street.
“Sheathers Tractor Shop” building. (HS0088)	Part Lots 30 and 31 RP 543, No 87 High Street, corner Beechwood Road.
Former Rawdon Island church building. (HS0095)	Timbertown, Lot 1 DP 259327, High Street.
St Josephs Convent building. (HS0096)	Lot 9, King Street.
Cemetery. (HS0098)	Oxley Highway.
Memorial Gates. (HS0100)	Bain Park, Oxley Lane.
Cheese and butter factory. (HS0047)	Lots 10–16 Section C DP 975586 and part railway land, Randall Street.
Station Masters dwelling-house. (HS0103)	No 59 Randall Street.
Double-sided railway goods shed. (HS0104)	Wallace Street.
Primary School buildings, mature palms and fencing (excluding additions). (HS0105)	Lot 1 DP 795186, Waugh Street.
Yarras
Pedestrian suspension bridge. (HS0026)	Over Hastings River, near Forbes River Road.
Former Oxley Highway route. (HS0027)	Within Parishes of Debenham, Graeme, Hastings and Tobin, being partly within Doyles River State Forest.
Stone pitched embankment. (HS0028)	Vehicular track, Lot 24 DP 754411, Oxley Highway.
Road Bridge. (HS0033)	Over Ralfes Creek, Oxley Highway.

Schedule 1ASites of potential historical archaeological significance

(Clauses 8 (1), 46)

The area bounded by the Pacific Ocean, Hastings River, Kooloonbung Creek, Wrights Creek, Cordon Street, the southern prolongation of Murray Street, Murray Street, Church Street and the eastern prolongation of Church Street to the Pacific Ocean. (HS0056)

Schedule 2

(Clause 12)

Confectionary shop

Delicatessen

Financial institution

Milk bar

Mortuary

Newsagency

Take-away food shop

Veterinary establishment

Schedule 3Development standards in respect of rural residential development

(Clause 15)

Adequate facilities shall exist on the land for the disposal of sewage and domestic waste and for the supply of water for domestic and fire-fighting purposes.

Adequate electricity, telephone and postal services shall be available to the land.

The carrying out of the development shall not create a demand for the unreasonable or uneconomic provision or extension of public amenities or public services, whether by the Council or by another public authority.

The carrying out of the development shall not generate traffic volumes which are excessive in relation to the engineering standards of roads leading to urban and service centres.

The carrying out of the development shall not create or increase ribbon development or adversely affect road safety.

The risk of bushfire damage to dwellings and surrounding land shall be minimised.

The carrying out of the development shall not detract from the existing rural or scenic character of the locality.

Dwellings shall not be erected on land which is, or is likely to be, adversely affected by flooding, soil erosion or landslip.

Drainage works carried out on the land shall not have a detrimental impact on adjoining land.

Site features of major historical, cultural, scenic or ecological significance shall be retained within the development.

Road and access ways within the development site shall be sited and designed to be efficient and practical having regard to anticipated traffic volumes while maintaining a rural character and minimising environmental impact.

Development shall be carried out so as to maintain and extend, where possible, the existing amount, diversity and form of native vegetation and natural habitat areas.

Development shall not have the effect of significantly reducing the long-term agricultural production potential of the subject or adjoining land, having regard to:

(a)
the area and quality of the land and its potential agricultural viability,
(b)
the likely effects, both economic and otherwise, that the proposed subdivision will have on agricultural industries in the area and the resources employed by or in connection with those industries,
(c)
the cumulative effect of similar proposals if consent is granted as provided for by clause 15, and
(d)
the likelihood of the land remaining available for efficient agricultural use.

The carrying out of the development shall not prejudice future expansion of urban areas in the locality.

The carrying out of the development shall not have an adverse effect on sources of extractive material or create or tend to create conflict between the development and existing or potential extractive industry development.

Schedule 4Rural residential subdivision—matters for environmental impact report

(Clause 15)

The report shall contain the following:

(a)
a full description of the development proposed by the development application,
(b)
a statement of the objectives of the proposed development, and how it relates to the objectives of the zone,
(c)
a full description of the existing environment likely to be affected by the proposed development, if carried out,
(d)
identification and analysis of the likely environmental interactions between the proposed development and the environment,
(e)
analysis of the likely environmental impact and consequences of carrying out the proposed development,
(f)
justification of the proposed development in terms of environmental, economic and social considerations,
(g)
measures to be taken in conjunction with the proposed development to protect the environment and an assessment of the likely effectiveness of those measures,
(h)
any feasible alternatives to the carrying out of the proposed development and reasons for choosing the latter,
(i)
consequences of not carrying out the proposed development, and

(j)
an assessment of the impact on agricultural productivity in the locality in terms of:
- (i)
  the area and quality of the land and its potential agricultural productivity,
- (ii)
  the likely effects, both economic and otherwise, that the proposed subdivision will have on agricultural industries in the area and the resources employed by or in connection with those industries,
- (iii)
  the cumulative effect of similar proposals if consent is granted as provided for clause 15, and
- (iv)
  the likelihood of the land remaining available for efficient agricultural use.

Schedule 5Dwelling-houses permitted upon certain lots

(Clause 18 (4) (g))

Oxley Highway, Port Macquarie

DP 22077—Lots 1 and 4 and part lot 5

DP 22676—Lots 1 to 3 and 6 to 18

DP 22692—Lot 3

DP 24461—Lots 19 to 25

DP 31128—Lots 6, 7 and 10

FP 406807—Lot 1

Land in FP 417065

DP 514628—Lots 1 to 3

DP 523370—Lots 4 and 6

DP 571815—Lots 4 and 5

DP 600988—Lots 2 and 3

DP 616530—Lot 9

DP 629356—Lots 1 and 2

DP 630393—Lot 4

Riverside Drive, Parish of Torrens

DP 215928—Lots 1 to 10, 13 to 19, 22 to 35 and 37

DP 238301—Lots 1 to 9, 11 to 16, 18 to 26, 28 to 36, 38 to 62 and 64 to 71

DP 251919—Lot 6

DP 251920—Lots 1 to 13

DP 552384—Lots 1 to 3

DP 583466—Lot 1

DP 606017—Lot 1

Locality of North Shore Drive, Parish of Torrens

RP 98649—Lot 1

DP 217022—Lots 2 to 13, 15 to 27, 29 to 38, 40, 42 to 44, 46 and 48

DP 238782—Lots 1 to 68

DP 244317—Lots 89 to 125

DP 247188—Lots 72 to 88

DP 562420—Lot 1

DP 613259—Lots 2 and 3

DP 635703—Lot 1

Corilla Estate, Parish of Torrens

DP 221558—Lots 1 to 26

Rossglen, Parish of Johns River

DP 103619—Lot A

DP 103620—Lot B

DP 514948—Lot 1

DP 754418—Lots 177, 178, 192–198, 200, 202, 203, 206 and 225

Schedule 6Considerations for multiple occupancy

(Clauses 29 and 29AA)

The availability and standard of public road access to the land.

The availability of a water supply to the land for domestic, agricultural and fire fighting purposes.

Whether the land is subject to bushfires, flooding or slip and, if so, the adequacy of any measures proposed to protect buildings from any such hazard.

Whether adequate provision has been made for waste disposal from the land.

The availability of community facilities and services to meet the needs of the occupants of the land.

The vegetation cover of the land and the need to conserve vegetation cover in order to minimise erosion.

The visual impact of the proposed development on the landscape.

The area or areas proposed for erection of buildings.

The area or areas proposed for common use (other than for residential accommodation).

Whether the land has been identified by the Council as being required for future urban or rural residential expansion.

Whether the development would benefit an existing village centre suffering from a declining population base and an increasing use of the services provided in that centre.

The need for any proposed development for common use that is ancillary to the use of the land.

The effect of the proposed development on the quality of the water resources in the vicinity.

The effect of the proposed development on the present and potential agricultural use of the land and of lands in the vicinity.

Schedule 7Development for certain additional purposes

(Clause 49)

Lot 5 in DP 419242 and lot 3 in DP 608162, Telegraph Point—dwelling-house for occupation by service station manager.

So much of land off Boundary Street, Port Macquarie, as is within Zone No 5 (a) zoned “Special uses—Airport”—manufacture of aircraft and related industries.

Lot 1 in DP 527052, corner Oxley Highway and Sherwood Road, Port Macquarie—warehouse, subject to landscape screening of external storage areas.

So much of lot 2 in DP 618156, Livingstone Road, Port Macquarie, as is within Zone No 1 (a1)—subdivision in conjunction with adjoining land within Zone No 2 (a1), subject to:

(a)
consent being obtained for the removal of any trees, and
(b)
no dwelling-houses being erected upon the land within Zone No 1 (a1).

Lake Innes Nature Reserve—roads and utility installations.

Lot 10 and Part Lot 16 in DP 244977, Oakes Crescent, Parish of Macquarie as shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 9)” deposited in the office of the Council—small ship building factory.

So much of lot 201 in DP 710567, lot 2 in DP 702009, lot 1 in DP 619797, lot 1 in DP 539307, and parts of Settlement Point Road enclosed by the above lots, Settlement Point Road, Port Macquarie, as is within Zone No 2 (a1)—commercial premises, service stations and shops, subject to such development forming part of an integrated development for a purpose or purposes otherwise permitted in the zone.

Part lot 1, Section 8, Town of Port Macquarie, known as No 94 William Street—commercial premises.

Lot 4 in DP 511722, known as No 10 Hayward Street, Port Macquarie—commercial premises, subject to:

(a)
the provision of an additional 8 carparking spaces for use by the existing development on, and to allow the future development of, lot 2 in DP 511722 and lots 4 and 5 in DP 580075,
(b)
the particular commercial premises being appropriate having regard to the residential amenity of the street, (particularly the demand for kerbside parking and traffic generation), and
(c)
the design of the building having regard to the streetscape and the Church Hill historical precinct, and
(d)
consent being granted within 2 years from the date of gazettal of Hastings Local Environmental Plan No 63.

Lot 1 in DP 740316, being land in Hastings River Drive on the corner of Mumford Street, Port Macquarie—car repair station and motor showroom, subject to consent being granted within 2 years from the date of gazettal of Hastings Local Environmental Plan No 61.

Lot 2 in DP 33630, known as No 4 Hayward Street, Port Macquarie—commercial premises, subject to:

(a)
retention of the existing building in its existing form and style, and
(b)
if additions are proposed, design of those additions so as to conform with the existing form and style of the building.

Part Lot 7 in DP 237747 (being that part located in the north eastern corner with frontage and depth of approximately 100 metres and 75 metres, respectively) Hastings River Drive, Port Macquarie—motor showroom, subject to consent being granted within 2 years from the date of gazettal of Hastings Local Environmental Plan 1987 (Amendment No 10).

R 82305 for boatshed, Clarence Street, Port Macquarie—museum.

Lots 51, 53 and 54, DP 776844 and Lot 3, DP 236807, corner Pacific Highway and Oxley Highway, Port Macquarie—truck sales and truck repair facility, but only in conjunction with a tourist facility comprising a service station and refreshment room.

Lot 1 in DP 798068, known as No 8 Hayward Street, Port Macquarie—commercial premises, subject to:

(a)
retention of the existing building in its existing form and style, and
(b)
if additions are proposed, design of those additions so as to conform with the existing form and style of the building.

Land enclosed by roads on the northern side of the intersection of Clarence Street and Horton Street, Port Macquarie, as shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 17)”—tourist bureau.

That part of lot 57 in DP 810898, Livingstone Road, Port Macquarie, within Zone No 7 (d)—subdivision to create 3 lots and erection of a dwelling-house upon each of these lots.

Lots 5 and 14 in DP 732141, Lots 21, 22, 23 and 24 in DP 805587 and Lot 6 in DP 595256, Lot A and B in DP 375242, Lot B in DP 359509 and Lots A and C in DP 355601, between Gordon and Ackroyd Streets, Port Macquarie—shops, subject to:

(a)
a maximum floor space ratio of 0.35:1, and
(b)
consent being granted within 2 years from the date of gazettal of Hastings Local Environmental Plan 1987 (Amendment No 27).

Lot 39 in DP 813657 and lot 9 and so much as is within Zone No 2 (a1) of lot 8 in DP 238029, Ocean Drive, Port Macquarie, excluding the proposed arterial road—commercial premises, subject to:

(a)
consent being granted within 2 years from the commencement of Hastings Local Environmental Plan 1987 (Amendment No 23),
(b)
the Council being satisfied that the scale and nature of the particular commercial premises will not adversely affect the amenity of the surrounding area,
(c)
the particular commercial premises involving only negligible use of the site by the general public,
(d)
the particular commercial premises and access to such premises being compatible with the safe flow of traffic along the proposed arterial road, and
(e)
the particular commercial premises not generating a demand for an increased road usage capability beyond that appropriate for the local road network in that locality.

So much of Lot 4 in DP 557540 and Lot 21 in DP 559067, Hastings River Drive, Port Macquarie as is within Zone No 2 (a1)—motor showrooms, service stations, retailing and hire of bulky goods (as defined in clause 38 (2)) and workshops (used in conjunction with bulky goods retailing of automotive products).

Lots 1 to 4 in DP 803864, Hastings River Drive, Port Macquarie—motor showrooms, service stations, retailing and hire of bulky goods (as defined in clause 38 (2)) and workshops (used in conjunction with bulky goods retailing of automotive products).

Lots 7 and 9 DP 828059, Tall Timber Road, Parish of Burrawan—subdivision to create 14 lots of 1.5ha minimum average size and 1 residue lot which, for the purpose of erection of a dwelling-house on each lot created, is considered to be a subdivision consented to in accordance with clause 15.

Part Lot 6, DP 739270 and part Lots 337 and 319, DP 754434, Ocean Drive, Port Macquarie, as shown edged heavy black on the map marked “Hastings Local Environmental Plan No 58”—manufactured home estate, within the meaning of State Environmental Planning Policy No 36—Manufactured Home Estates.

Lot 5, DP 844173, Forest Way, Wauchope, Lot 1, DP 577579 and part land in Conveyance No 368 Book 2489, High Street, Wauchope and Lot 1, DP 37581, Range Street, Wauchope, as shown heavy black on Sheets 1 and 2 of the map marked “Hastings Local Environmental Plan 1987 (Amendment No 59)”—cluster housing.

Lot 1 DP 259327 and Timbertown Museum Reserve R90699, Oxley Highway, Parish of Koree—tourist facility.

Lot 8 in DP 805588, Hastings River Drive, Port Macquarie—display and sale of prefabricated domestic buildings, subject to:

(a)
the display being within a landscaped setting, and
(b)
the provisions of clause 20B being satisfied, and
(c)
consent being granted within 2 years from the date of gazettal of Hastings Local Environmental Plan 1987 (Amendment No 55).

Lot 2, DP 262236, 4 Highfields Circuit, Port Macquarie—cluster housing.

Land generally on the southern side of Buller Street and in the vicinity of Hollingworth Street, Port Macquarie, as shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 76)”—commercial premises.

So much of Lot 2, DP 244850, Lincoln Road, Port Macquarie as is within Zone No 1 (a1)—development for the purpose of a manufactured home estate if the land is filled to or above the 1:100 year flood level, subject to consent being granted as if clause 20A applied to the land.

Lot 22, DP 852214, Wrights Road, Port Macquarie—the provision of laundry services to hospitals and aged care facilities, such aged care facilities comprising nursing homes and hostels.

Lot 1, DP 262236, Wrights Road, Port Macquarie—residential flat buildings in conjunction with medical centre.

Part Lot 2, DP 826003, Hastings River Drive, Port Macquarie, as shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 89)—commercial premises.

Lot 54, DP 833573, Jindalee Road, Port Macquarie—barber/hairdressing shop.

Lot 1, DP 826003, being land on the corner of Hastings River Drive and Newport Island Road—commercial premises and shops, subject to such development forming part of an integrated development for a purpose or purposes otherwise permitted in the zone.

Lot B DP 380244, No 85 William Street, Port Macquarie—commercial premises.

Lot 4, DP 262236, No 1 Highfields Circuit, Port Macquarie—medical centre.

Lot l, DP 262236, No 2 Highfields Circuit, Port Macquarie—medical centre.

Lot 5, DP 262236, No 3 Highfields Circuit, Port Macquarie—medical centre.

Lots 58 and 59, DP 754417, off the Oxley Highway, Yarras—subdivision under the Community Land Development Act 1989 so as to create allotments of less than the minimum lot size for the zone only if the Council is satisfied that the allotments to be created are intended to be used for the purpose of a rural tourist facility and occupancy of the facility will be limited to a maximum of twelve weeks at a time.

Lot 2 DP 812017, Waugh Street, Port Macquarie—commercial premises.

So much of land on Fernbank Creek Road, Port Macquarie, as shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 98)”—land-based oyster processing operations.

Lot 2, SP 19929, 10 Jindalee Road, Port Macquarie—medical centre.

Lot 5, DP 775534, Rawdon Island Road, Rawdon Island—subdivision under the Community Land Development Act 1989 so as to create allotments of less than the minimum lot size applicable to the zone in which the land is situated, subject to the Council being satisfied that:

(a)
the allotments to be created are intended to be used for the purpose of a rural tourist facility, and
(b)
occupancy of the facility by any one person will be limited to a maximum of 12 weeks (whether consecutive or not) in any calendar year.

Schedule 8Classification and reclassification of public land as operational

(Clause 54)

Port Macquarie
Grant Street	That part of Lot 1 in DP 738219, shown as being within Zone No 2 (a1) on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 40)”.
Hay Street	Part Lot 1 in DP 84043, Lots 1–3 in DP 356480 and Lot 1 in DP 564630, as shown within heavy black edging on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 37)”.
Jindalee Road	Lot 35 in DP 263642, corner of Jindalee and Bolwarra Roads, Port Macquarie, as shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 50)”.
Mermaid Crescent	Lot 419, DP 229839, as shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 75)”.
Murray Street	Lot A in DP 372249 and Lot A in DP 380293, as shown within heavy black edging on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 37)”.
Ocean Drive	Lots 100 and 101, DP 879513 and Lot 1, DP 586089, as shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 95)”.
Queen Street	Lot 33, DP 38312, as shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 75)”.
The Spinnaker	Lot 219, DP 216093, corner of Clifton Drive, as shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 75)”.
Riverside
Riverside Drive	Part Lot 12 in DP 215928, as shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 61)”.
Riverside Drive	Lot 17 in DP 238301, as shown edged heavy black on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 62)”.
Wauchope
Fox Crescent	Lot 22 in DP 214340, as shown within heavy black edging on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 67)”.

Schedule 9Contaminated land and potentially contaminated land

(Clause 56)

Port Macquarie

Lot 3 DP 788598, Oxley Highway and The Ruins Way,—subject to:

(a)
site survey to locate:
- (i)
  effluent ponds (extent of water surface when full),
- (ii)
  sullage and waste tanks,
- (iii)
  drainage lines from ponds and tanks,
- (iv)
  skin drying sheds,
- (v)
  significant building works where removal will require restoration of the ground, and
- (vi)
  any liquid or solid waste storage and disposal sites in addition to the effluent ponds,
(b)
removal of the gravel surface within the skin drying shed,
(c)
rehabilitation of the treatment ponds for the former abattoir effluent disposal (including drainage of ponds), removal of any unsuitable solids and liquids and filling with compacted material, and
(d)
a sampling programme, based on the relevant Environment Protection Authority technical guidelines, to allow, subject to the test results, clearance of the land for residential purposes.

Land in the vicinity of The Binnacle, Port Macquarie, and shown edged heavy black and coloured light scarlet on the map marked “Hastings Local Environmental Plan 1987 (Amendment No 71)”—subject to:

(a)
consideration of a management plan in relation to the areas of the site the subject of land filling in the past, and
(b)
except where the consent is being granted for the carrying out of those works, rehabilitation works having been implemented to the satisfaction of the Council.

Wauchope

Lot 11, DP 828300, corner of Blackbutt Drive and Oxley Highway.

Lot 11 DP 816352 and Lot 14 DP 816352, Duncan Street.

Lots X, Y and Z DP 405918, Lots 3 and 4 DP 205451 and Lot 6 DP 861376, Oxley Highway.