Kempsey Local Environmental Plan 2013 (NSW)
This Plan is Kempsey Local Environmental Plan 2013.
This Plan commences on 3 February 2014 and is required to be published on the NSW legislation website.
This Plan aims to make local environmental planning provisions for land in Kempsey in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to promote and co-ordinate the orderly and economic use and development of land, and to minimise conflict between adjacent land uses,
(b) to provide for development in Kempsey in an ecologically sustainable manner,
(c) to protect the agricultural activities, and to promote the agricultural potential, of Kempsey,
(d) to provide opportunities for a range of housing types to accommodate the needs of the community,
(e) to protect and enhance areas of environmental and cultural value,
(f) to ensure that development does not detract from Kempsey’s landscape and scenic values,
(g) to conserve and enhance the built and cultural heritage of Kempsey.
This Plan applies to the land identified on the Land Application Map.
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
Notes in this Plan are provided for guidance and do not form part of this Plan.
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(Repealed)
Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
The following local environmental plans are repealed under this provision—
• Kempsey Local Environmental Plan 1987
All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.
The amendments made to this plan by Kempsey Local Environmental Plan 2013 (Amendment No 33) do not apply to—
(a) a development application made, but not finally determined, before the commencement of Kempsey Local Environmental Plan 2013 (Amendment No 33), or
(b) concept development application DA2300926, or
(c) a development application made after the commencement of Kempsey Local Environmental Plan 2013 (Amendment No 33) if the development application is subsequent to, and made in reliance on, concept development application DA2300926.
(Repealed)
This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
This clause does not affect the rights or interests of any public authority under any registered instrument.
Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
The land use zones under this Plan are as follows—
• Rural Zones RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
RU4 Primary Production Small Lots
RU5 Village
• Residential Zones R1 General Residential
R3 Medium Density Residential
R5 Large Lot Residential
• Employment Zones E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
• Mixed Use Zones MU1 Mixed Use
• Special Purpose Zones SP2 Infrastructure
SP3 Tourist
• Recreation Zones RE1 Public Recreation
RE2 Private Recreation
• Conservation Zones C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
• Waterway Zones W1 Natural Waterways
W2 Recreational Waterways
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
This clause is subject to the other provisions of this Plan.
Schedule 1 sets out additional permitted uses for particular land.
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
Clause 2.6 requires consent for subdivision of land.
Part 5 contains other provisions which require consent for particular development.
Development may be carried out on unzoned land only with development consent.
In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
Land to which this Plan applies may be subdivided, but only with development consent.
If a subdivision is specified as
Part 6 of State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is
Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
The definition of
The demolition of a building or work may be carried out only with development consent.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.
Development consent must not be granted unless the consent authority is satisfied that—
(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Canal estate development is prohibited on land to which this Plan applies.
In this Plan,
(a) a constructed canal, or other waterway or waterbody, that—
(i) is inundated by surface water or groundwater movement, or
(ii) drains to a waterway or waterbody by surface water or groundwater movement, and
(b) the erection of a dwelling, and
(c) one or both of the following—
(i) the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,
(ii) excavation to create a waterway.
Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—
(a) carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and
(b) limited to the minimum reasonable size and capacity.
In this clause—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
• State Environmental Planning Policy (Housing) 2021
• State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
• State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
• State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
• State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
• State Environmental Planning Policy (Primary Production) 2021, Chapter 2
• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
• To encourage diversity in primary industry enterprises and systems appropriate for the area.
• To minimise the fragmentation and alienation of resource lands.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To maintain the rural and scenic character of the zone.
• To encourage eco-tourist facilities and tourist and visitor accommodation that minimise any adverse effect on primary industry production and scenic amenity of the area.
• To enable agricultural support activities to be carried out on land within the zone in a manner that does not significantly reduce the agricultural and horticultural production potential of land in the locality.
• To encourage development that is compatible with the character of the zone.
Environmental protection works; Extensive agriculture; Forestry; Home-based child care; Home occupations
Agritourism; Air transport facilities; Airstrips; Animal boarding or training establishments; Aquaculture; Boat launching ramps; Boat sheds; Camping grounds; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Correctional centres; Crematoria; Dual occupancies; Dwelling houses; Eco-tourist facilities; Educational establishments; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Freight transport facilities; Group homes; Helipads; Home businesses; Home industries; Hospitals; Industrial training facilities; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Places of public worship; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Signage; Tourist and visitor accommodation; Transport depots; Truck depots; Veterinary hospitals; Water recreation structures; Water supply systems; Wharf or boating facilities
Backpackers’ accommodation; Hotel or motel accommodation; Serviced apartments; Any other development not specified in item 2 or 3
• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
• To maintain the rural landscape character of the land.
• To provide for a range of compatible land uses, including extensive agriculture.
Environmental protection works; Extensive agriculture; Forestry; Home-based child care; Home occupations
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Aquaculture; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Crematoria; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Freight transport facilities; Group homes; Heavy industries; Helipads; Home businesses; Home industries; Hospitals; Industrial training facilities; Information and education facilities; Jetties; Liquid fuel depots; Marinas; Mooring pens; Moorings; Places of public worship; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Signage; Tourist and visitor accommodation; Transport depots; Truck depots; Veterinary hospitals; Water recreation structures; Water supply systems; Wharf or boating facilities
Backpackers’ accommodation; Hotel or motel accommodation; Serviced apartments; Any other development not specified in item 2 or 3
• To enable development for forestry purposes.
• To enable other development that is compatible with forestry land uses.
Animal boarding or training establishments; Environmental protection works; Extensive agriculture; Forestry; Home-based child care; Uses authorised under the Forestry Act 2012 or under Part 5B (Private native forestry) of the Local Land Services Act 2013
Airstrips; Aquaculture Bed and breakfast accommodation; Biosolids treatment facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Community facilities; Dwelling houses; Eco-tourist facilities; Environmental facilities; Farm buildings; Farm stay accommodation; Flood mitigation works; Freight transport facilities; Group homes; Helipads; Home businesses; Home occupations; Intensive plant agriculture; Jetties; Marinas; Mooring pens; Moorings; Places of public worship; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Resource recovery facilities; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Sewage treatment plants; Signage; Truck depots; Veterinary hospitals; Waste disposal facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities
Any development not specified in item 2 or 3
• To enable sustainable primary industry and other compatible land uses.
• To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To ensure that the nature, scale and operation of any development is compatible with the amenity of the locality.
Environmental protection works; Extensive agriculture; Home-based child care; Home occupations; Horticulture
Agricultural produce industries; Agritourism; Animal boarding or training establishments; Aquaculture; Boat launching ramps; Boat sheds; Camping grounds; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Correctional centres; Crematoria; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Farm buildings; Flood mitigation works; Forestry; Group homes; Home businesses; Home industries; Information and education facilities; Intensive plant agriculture; Jetties; Marinas; Mooring pens; Moorings; Places of public worship; Plant nurseries; Recreation areas; Restaurants or cafes; Roads; Roadside stalls; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Signage; Tourist and visitor accommodation; Veterinary hospitals; Water recreation structures; Water supply systems; Wharf or boating facilities
Backpackers’ accommodation; Hotel or motel accommodation; Serviced apartments; Any other development not specified in item 2 or 3
• To provide for a range of land uses, services and facilities that are associated with a rural village.
• To ensure that development is compatible with the existing character of rural villages in the area.
• To minimise the impacts of non-residential uses and ensure these uses are compatible with surrounding development.
• To ensure that development is compatible with the infrastructure capacity for water supply and sewerage systems of rural villages.
Environmental protection works; Home-based child care; Home occupations
Agriculture; Amusement centres; Biosolids treatment facilities; Boat launching ramps; Boat sheds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Community facilities; Dwelling houses; Electricity generating works; Entertainment facilities; Environmental facilities; Exhibition homes; Farm buildings; Flood mitigation works; Function centres; Helipads; Home businesses; Home industries; Home occupations (sex services); Horticulture; Information and education facilities; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Neighbourhood shops; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Roads; Schools; Service stations; Sewage treatment plants; Signage; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities
Attached dwellings; Dairies (pasture-based); Garden centres; Intensive livestock agriculture; Intensive plant agriculture; Landscaping material supplies; Pond-based aquaculture; Residential flat buildings; Rural workers’ dwellings; Semi-detached dwellings; Serviced apartments; Specialised retail premises; Timber yards; Any other development not specified in item 2 or 3
• To provide for the housing needs of the community.
• To provide for a variety of housing types and densities.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To encourage urban infill and redevelopment in areas that surround existing or proposed facilities and services.
Environmental protection works; Home-based child care; Home occupations
Attached dwellings; Boarding houses; Centre-based child care facilities; Community facilities; Dwelling houses; Group homes; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Backpackers’ accommodation; Biosolids treatment facilities; Boat building and repair facilities; Camping grounds; Car parks; Caravan parks; Cemeteries; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Entertainment facilities; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Local distribution premises; Mortuaries; Passenger transport facilities; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sewage treatment plants; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Wholesale supplies
• To provide for the housing needs of the community within a medium density residential environment.
• To provide a variety of housing types within a medium density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To encourage urban infill and redevelopment in areas that surround existing or proposed facilities and services.
Environmental protection works; Home-based child care; Home occupations
Attached dwellings; Boarding houses; Centre-based child care facilities; Community facilities; Group homes; Home industries; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Respite day care centres; Roads; Seniors housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Camping grounds; Caravan parks; Cemeteries; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Emergency services facilities; Entertainment facilities; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Local distribution premises; Marinas; Mooring pens; Mortuaries; Passenger transport facilities; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sewage treatment plants; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Wholesale supplies
• To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.
• To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.
• To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
Environmental protection works; Home-based child care; Home occupations
Dual occupancies; Dwelling houses; Extensive agriculture; Group homes; Home industries; Horticulture; Neighbourhood shops; Oyster aquaculture; Pond-based aquaculture; Roads; Roadside stalls; Secondary dwellings; Tank-based aquaculture; Tourist and visitor accommodation; Viticulture; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Backpackers’ accommodation; Boat building and repair facilities; Camping grounds; Car parks; Caravan parks; Commercial premises; Correctional centres; Crematoria; Dairies (pasture-based); Depots; Eco-tourist facilities; Emergency services facilities; Entertainment facilities; Exhibition homes; Exhibition villages; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Local distribution premises; Mortuaries; Passenger transport facilities; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Restricted premises; Rural industries; Service stations; Serviced apartments; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste or resource management facilities; Wholesale supplies
• To provide a range of retail, business and community uses that serve the needs of people who live in, work in or visit the area.
• To encourage investment in local commercial development that generates employment opportunities and economic growth.
• To enable residential development that contributes to a vibrant and active local centre and is consistent with the Council’s strategic planning for residential development in the area.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
Environmental protection works; Home-based child care
Amusement centres; Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Home industries; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation facilities (indoor); Respite day care centres; Service stations; Shop top housing; Tank-based aquaculture; Veterinary hospitals; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Camping grounds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Mortuaries; Recreation facilities (major); Recreation facilities (outdoor); Residential accommodation; Rural industries; Sewage treatment plants; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste or resource management facility; Water recreation structures; Wholesale supplies
• To strengthen the role of the commercial centre as the centre of business, retail, community and cultural activity.
• To encourage investment in commercial development that generates employment opportunities and economic growth.
• To encourage development that has a high level of accessibility and amenity, particularly for pedestrians.
• To enable residential development only if it is consistent with the Council’s strategic planning for residential development in the area.
• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
• To provide for residential uses, but only as part of mixed use development.
Environmental protection works; Home-based child care
Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Home industries; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Mortuaries; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Vehicle repair stations; Veterinary hospitals; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Camping grounds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Recreation facilities (major); Residential accommodation; Resource recovery facilities; Rural industries; Sewage treatment plants; Sex services premises; Storage premises; Transport depots; Truck depots; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Wholesale supplies
• To provide a range of facilities and services, light industries, warehouses and offices.
• To provide for land uses that are compatible with, but do not compete with, land uses in surrounding local and commercial centres.
• To maintain the economic viability of local and commercial centres by limiting certain retail and commercial activity.
• To provide for land uses that meet the needs of the community, businesses and industries but that are not suited to locations in other employment zones.
• To provide opportunities for new and emerging light industries.
• To enable other land uses that provide facilities and services to meet the day to day needs of workers, to sell goods of a large size, weight or quantity or to sell goods manufactured on-site.
• To provide for residential uses, but only as part of mixed use development.
Environmental protection works; Home-based child care
Animal boarding or training establishments; Boat building and repair facilities; Business premises; Centre-based child care facilities; Community facilities; Depots; Function centres; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Landscaping material supplies; Light industries; Local distribution premises; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Rural supplies; Service stations; Serviced apartments; Shop top housing; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Wholesale supplies; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Biosolids treatment facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots: Eco-tourist facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Heavy industrial storage establishments; Helipads; Highway service centres; Industries; Jetties; Marinas; Mooring pens; Residential accommodation; Resource recovery facilities; Retail premises; Rural industries; Sewage treatment plants: Sex services premises; Tourist and visitor accommodation; Waste disposal facilities; Water recreation structures
• To provide a range of industrial, warehouse, logistics and related land uses.
• To ensure the efficient and viable use of land for industrial uses.
• To minimise any adverse effect of industry on other land uses.
• To encourage employment opportunities.
• To enable limited non-industrial land uses that provide facilities and services to meet the needs of businesses and workers.
• To ensure that the scale, design and materials of construction, and the nature of development, contribute positively to the visual quality of the locality.
Environmental protection works
Depots; Freight transport facilities; Funeral homes; Garden centres; General industries; Goods repair and reuse premises; Group homes; Hardware and building supplies; Industrial retail outlets; Industrial training facilities; Light industries; Local distribution premises; Neighbourhood shops; Oyster aquaculture; Plant nurseries; Pond-based aquaculture; Rural supplies; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Boat launching ramps; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Commercial premises; Correctional centres; Crematoria; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Function centres; Health services facilities; Heavy industrial storage establishments; Heavy industries; Highway service centres; Home businesses; Home occupations; Home-based child care; Information and education facilities; Jetties; Marinas; Mooring pens; Public administration buildings; Registered clubs; Residential accommodation; Respite day care centres; Stock and sale yards; Tourist and visitor accommodation; Water recreation structures
• To encourage a diversity of business, retail, office and light industrial land uses that generate employment opportunities.
• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
• To facilitate the development of a mix of local-scale facilities and services that do not detract from the core commercial functions of the Kempsey central business district.
• To ensure that new buildings make a positive contribution to the streetscape and public domain.
• To permit appropriate light industrial uses and industrial retail uses compatible with the character of the precinct.
Building identification signs; Home-based child care; Home businesses; Home occupations
Amusement centres; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Information and education facilities; Light industries; Local distribution premises; Medical centres; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Exhibition villages; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Recreation facilities (major); Resource recovery facilities; Rural industries; Sewerage systems; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Waste disposal facilities; Water recreation structures; Water treatment facilities; Wharf or boating facilities
• To provide for infrastructure and related uses.
• To prevent development that is not compatible with or that may detract from the provision of infrastructure.
Environmental facilities; Roads
Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
Any development not specified in item 2 or 3
• To provide for a variety of tourist-oriented development and related uses.
Environmental protection works
Amusement centres; Aquaculture; Bee keeping; Biosolids treatment facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cellar door premises; Charter and tourism boating facilities; Community facilities; Eco-tourist facilities; Electricity generating works; Emergency services facilities; Entertainment facilities; Environmental facilities; Flood mitigation works; Food and drink premises; Function centres; Helipads; Information and education facilities; Jetties; Kiosks; Marinas; Markets; Mooring pens; Moorings; Passenger transport facilities; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Roads; Roadside stalls; Sewage treatment plants; Shops; Signage; Tourist and visitor accommodation; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities
Any development not specified in item 2 or 3
• To enable land to be used for public open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
• To protect and enhance foreshore reserves for their visual and environmental qualities.
• To encourage development that supports the community’s diverse recreational needs.
Environmental protection works
Aquaculture; Bee keeping; Biosolids treatment facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Eco-tourist facilities; Entertainment facilities; Environmental facilities; Flood mitigation works; Function centres; Information and education facilities; Jetties; Kiosks; Marinas; Markets; Mooring pens; Moorings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Roads; Sewage treatment plants; Signage; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities
Any development not specified in item 2 or 3
• To enable land to be used for private open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
• To protect and enhance foreshore reserves for their visual and environmental qualities.
• To encourage development that supports the community’s diverse recreational needs.
Environmental protection works
Aquaculture; Bee keeping; Biosolids treatment facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Eco-tourist facilities; Entertainment facilities; Environmental facilities; Flood mitigation works; Food and drink premises; Function centres; Information and education facilities; Jetties; Kiosks; Marinas; Markets; Mooring pens; Moorings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Sewage treatment plants; Signage; Tourist and visitor accommodation; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities
Any development not specified in item 2 or 3
• To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.
• To enable uses authorised under the National Parks and Wildlife Act 1974.
• To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.
Uses authorised under the National Parks and Wildlife Act 1974
Nil
Any development not specified in item 2 or 3
• To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
• To prevent development that could destroy, damage or otherwise have an adverse effect on those values.
• To protect wetland ecosystems from development that could adversely affect water quality, water supply and biodiversity.
• To keep floodways free of development liable to be damaged by flood waters.
• To keep floodways free of development which is likely to adversely affect the flow of flood waters.
Environmental protection works; Home occupations
Boat launching ramps; Environmental facilities; Extensive agriculture; Flood mitigation works; Home-based child care; Home businesses; Home occupations (sex services); Jetties; Moorings; Oyster aquaculture Roads; Water recreation structures; Wharf or boating facilities
Business premises; Dairies (pasture-based); Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.
• To provide for a limited range of development that does not have an adverse effect on those values.
• To conserve the scenic quality and natural characteristics of foreshore land.
• To conserve the environmental and scenic quality of visually significant land.
• To conserve items and areas of historic significance.
Environmental protection works; Home-based child care; Home occupations
Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Camping grounds; Cellar door premises; Charter tourism and boating facilities; Community facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Electricity generating works; Emergency services facilities; Environmental facilities; Extensive agriculture; Farm buildings; Farm stay accommodation; Flood mitigation works; Group homes; Home businesses; Home industries; Home occupations (sex services); Jetties; Kiosks; Moorings; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Roads; Roadside stalls; Rural workers’ dwellings; Tank-based aquaculture; Viticulture; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities
Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.
• To ensure that residential development does not have an adverse effect on those values.
Environmental protection works; Home-based child care; Home occupations
Bed and breakfast accommodation; Biosolids treatment facilities; Boat launching ramps; Boat sheds; Camping grounds; Cellar door premises; Charter and tourism boating facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Electricity generating works; Emergency services facilities; Environmental facilities; Extensive agriculture; Farm buildings; Farm stay accommodation; Flood mitigation works; Group homes; Home businesses; Home industries; Home occupations (sex services); Jetties; Moorings; Oyster aquaculture; Pond-based aquaculture; Roads; Rural workers’ dwellings; Sewage treatment plants; Tank-based aquaculture; Viticulture; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities
Industries; Local distribution premises; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect the ecological and scenic values of natural waterways.
• To prevent development that would have an adverse effect on the natural values of waterways in this zone.
• To provide for sustainable fishing industries and recreational fishing.
Environmental protection works; Recreation areas
Aquaculture Boat launching ramps; Boat sheds; Environmental facilities; Extractive industries; Flood mitigation works; Jetties; Moorings; Roads; Water recreation structures; Water reticulation systems; Wharf or boating facilities
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect the ecological, scenic and recreation values of recreational waterways.
• To allow for water-based recreation and related uses.
• To provide for sustainable fishing industries and recreational fishing.
• To permit extractive industries where such development will not significantly diminish the ecological, scenic and recreation values of the zone.
Environmental protection works; Recreation areas
Aquaculture; Boat launching ramps; Boat sheds; Charter tourism and boating facilities; Emergency services facilities; Environmental facilities; Extractive industries; Flood mitigation works; Jetties; Kiosks; Marinas; Mooring pens; Moorings; Recreation facilities (outdoor); Roads; Water recreation structures; Water reticulation systems; Wharf or boating facilities
Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Seniors housing; Warehouse or distribution centres; Any other development not specified in item 2 or 3
The objective of this clause is to identify development of minimal environmental impact as exempt development.
Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
To be exempt development, the development—
(a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and
(b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c) must not be designated development, and
(d) must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—
(a) the building has a current fire safety certificate or fire safety statement, or
(b) no fire safety measures are currently implemented, required or proposed for the building.
To be exempt development, the development must—
(a) be installed in accordance with the manufacturer’s specifications, if applicable, and
(b) not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.
See State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 and the Local Land Services Act 2013, Part 5A.
A heading to an item in Schedule 2 is part of that Schedule.
The objective of this clause is to identify development as complying development.
Development specified in Part 1 of Schedule 3 that is carried out in compliance with—
(a) the development standards specified in relation to that development, and
(b) the requirements of this Part,
is complying development.
See also clause 5.8 (3) which provides that the conversion of fire alarms is complying development in certain circumstances.
To be complying development, the development must—
(a) be permissible, with development consent, in the zone in which it is carried out, and
(b) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c) have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.
A heading to an item in Schedule 3 is part of that Schedule.
Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
For the purposes of this clause—
(a) the coastal waters of the State,
(b) a coastal lake,
(c) land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(d) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e) land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f) land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g) land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h) land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(i) land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j) land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.
The objectives of this clause are as follows—
(a) to prevent the fragmentation of rural land,
(b) to promote the efficient use of residential land,
(c) to maintain viable farm sizes to promote continuing agricultural production,
(d) to ensure that lot sizes have a practical and efficient layout to meet intended use.
This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
This clause does not apply in relation to the subdivision of any land—
(a) by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or
(b) by any kind of subdivision under the Community Land Development Act 2021.
The objectives of this clause are as follows—
(a) to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.
This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 2021 of land in any of the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU3 Forestry,
(d) Zone RU4 Primary Production Small Lots,
(e) Zone R5 Large Lot Residential,
(f) Zone C3 Environmental Management,
(g) Zone C4 Environmental Living,
but does not apply to a subdivision by the registration of a strata plan.
The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 2021) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
This clause applies despite clause 4.1.
The objective of this clause is to encourage housing diversity without adversely impacting on residential amenity.
This clause applies to development on land in the following zones—
(a) Zone RU5 Village, other than land identified as “Area 2” on the Lot Size Map,
(b) Zone R1 General Residential,
(c) Zone R3 Medium Density Residential.
Development consent may be granted to a single development application for development to which this clause applies that is both of the following—
(a) the subdivision of land into 2 or more lots,
(b) the erection of a dwelling house, an attached dwelling or a semi-detached dwelling on each lot resulting from the subdivision, if the size of each lot is equal to or greater than 300 square metres.
The objectives of this clause are as follows—
(a) to provide for the subdivision of lots that are within more than one zone but cannot be subdivided under clause 4.1,
(b) to ensure that the subdivision occurs in a manner that promotes suitable land use and development.
This clause applies to each lot (an
(a) land in a residential, employment or mixed use zone, and
(b) land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU4 Primary Production Small Lots, Zone R5 Large Lot Residential, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living.
Despite clause 4.1, development consent may be granted to subdivide an original lot to create other lots (the
(a) one of the resulting lots will contain—
(i) land in a residential, employment or mixed use zone that has an area that is not less than the minimum lot size shown on the Lot Size Map in relation to that land, and
(ii) all the land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU4 Primary Production Small Lots, Zone R5 Large Lot Residential, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living that was in the original lot, and
(b) all other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.
The objective of this clause is to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.
This clause applies to land in the following zones that is used, or is proposed to be used, for residential accommodation or tourist and visitor accommodation—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU3 Forestry,
(d) Zone RU4 Primary Production Small Lots,
(e) Zone R5 Large Lot Residential,
(f) Zone C3 Environmental Management,
(g) Zone C4 Environmental Living.
The size of any lot resulting from a subdivision of land to which this clause applies for a strata plan scheme (other than any lot comprising common property within the meaning of the Strata Schemes (Freehold Development) Act 1973 or Strata Schemes (Leasehold Development) Act 1986) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that strata subdivision of a building in certain circumstances is specified complying development.
The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.
This clause applies to the following rural zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(baa) Zone RU3 Forestry,
(c) Zone RU4 Primary Production Small Lots,
(d) Zone RU6 Transition.
When this Plan was made it did not include all of these zones.
Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.
However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.
A dwelling cannot be erected on such a lot.
A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).
The objectives of this clause are as follows—
(a) to minimise unplanned rural residential development,
(b) to enable the replacement of lawfully erected dwelling houses in rural and conservation zones.
This clause applies to land in the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU3 Forestry,
(d) Zone RU4 Primary Production Small Lots,
(e) Zone C3 Environmental Management,
(f) Zone C4 Environmental Living.
Development consent must not be granted for the erection of a dwelling house on land to which this clause applies unless the land—
(a) is a lot that is at least the minimum lot size shown on the Lot Size Map in relation to that land, or
(b) is a lot created before this Plan commenced and on which the erection of a dwelling house was permissible immediately before that commencement, or
(c) is a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dwelling house would have been permissible if the plan of subdivision had been registered before that commencement, or
(ca) is a lot resulting from a subdivision for which development consent has been granted under clause 4.6, being land in a zone where a dwelling house is permitted under the Land Use Table, or
(cb) is a lot resulting from a subdivision for which development consent (or equivalent) was granted under State Environmental Planning Policy No 1—Development Standards before this Plan commenced and in relation to which concurrence was granted for the purpose of the erection of a dwelling house, or
(d) is an existing holding, or
(e) would have been a lot or a holding referred to in this subclause had it not been affected by—
(i) a realignment of its boundaries that did not create an additional lot, or
(ii) a subdivision creating or widening a public road or public reserve or for another public purpose, or
(iii) a consolidation with an adjoining public road or public reserve or for another public purpose.
A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.
Development consent must not be granted under subclause (3) unless—
(a) no dwelling house has been erected on the land, and
(b) if a development application has been made for development for the purpose of a dwelling house on the land—the application has been refused or it was withdrawn before it was determined, and
(c) if development consent has been granted in relation to such an application—the consent has been surrendered or it has lapsed.
Development consent may be granted for the erection of a dwelling house on land to which this clause applies if there is a lawfully erected dwelling house on the land and the dwelling house to be erected is intended only to replace the existing dwelling house.
In this clause—
(a) was a holding on 29 July 1988, and
(b) is a holding at the time the application for development consent referred to in subclause (3) is lodged,
whether or not there has been a change in the ownership of the holding since 29 July 1988.
The owner in whose ownership all the land is at the time the application is lodged need not be the same person as the owner in whose ownership all the land was on the stated date.
The objective of this clause is to ensure the provision of adequate accommodation for employees of existing agricultural or rural industries.
This clause applies to land in the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU4 Primary Production Small Lots,
(d) Zone C3 Environmental Management,
(e) Zone C4 Environmental Living.
Development consent must not be granted to the erection of a rural worker’s dwelling on land to which this clause applies, unless the consent authority is satisfied that—
(a) the development will be on the same lot as an existing lawfully erected dwelling house, and
(b) the development will not impair the use of the land for agriculture or rural industries, and
(c) the agriculture or rural industry being carried out on the land has a demonstrated economic capacity to support the ongoing employment of rural workers, and
(d) the development is necessary considering the nature of the agriculture or rural industry land use lawfully occurring on the land or as a result of the remote or isolated location of the land.
The objective of this clause is to permit the boundary between 2 or more lots to be changed in certain circumstances, to give landowners a greater opportunity to achieve the objectives of the relevant zone.
This clause applies to land in the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU4 Primary Production Small Lots,
(d) Zone RU5 Village,
(e) Zone R5 Large Lot Residential,
(f) Zone C2 Environmental Conservation,
(g) Zone C3 Environmental Management,
(h) Zone C4 Environmental Living.
Despite clause 4.1 (3), development consent may be granted to the subdivision of 2 or more adjoining lots, being land to which this clause applies, if the subdivision will not result in any of the following—
(a) an increase in the number of lots,
(b) an increase in the number of dwellings on, or dwellings that may be erected on, any of the lots.
Before granting consent to development to which this clause applies, the consent authority must be satisfied that—
(a) the subdivision will result in the continued protection and long-term maintenance of any land in Zone C2 Environmental Conservation, and
(b) the potential for land use conflict will not be increased as a result of the subdivision, and
(c) if the land is in Zone RU1 Primary Production or Zone RU2 Rural Landscape, the agricultural viability of the land will not be adversely affected as a result of the subdivision, and
(d) the subdivision is appropriate having regard to the natural and physical constraints affecting the land.
This clause does not apply if the subdivision would create a lot that could itself be subdivided in accordance with clause 4.1.
This clause applies to land identified as “Area 1” on the Lot Size Map that is in Zone C3 Environmental Management.
Development consent must not be granted to subdivision of the land to which this clause applies, unless the consent authority—
(a) is satisfied that the land will be adequately managed to ensure the ongoing viability of its natural ecosystems and native vegetation, and
(b) has obtained the concurrence of the Planning Secretary.
In deciding whether to grant concurrence, the Planning Secretary must consider whether the land will be adequately managed to ensure the ongoing viability of its natural ecosystems and native vegetation.
The objectives of this clause are as follows—
(a) to provide alternative accommodation for rural families and workers,
(b) to ensure that development is of a scale and nature that is compatible with the primary production potential, rural character and environmental capabilities of the land,
(c) to set out consent considerations for development of detached dual occupancies and secondary dwellings to address matters such as access, siting, land suitability and potential impacts.
This clause applies to land in the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU4 Primary Production Small Lots,
(d) Zone R5 Large Lot Residential.
Development consent must not be granted to development for the purpose of a dual occupancy (detached) or a secondary dwelling on land to which this clause applies unless the consent authority is satisfied that—
(a) the development will not impair the use of the land for agriculture or rural industries, and
(b) any dwellings on the land will use the same vehicular access to and from a public road, and
(c) (Repealed)
(d) the land is physically suitable for the development, and
(e) the land is capable of accommodating the on-site disposal and management of sewage for the development, and
(f) the development will not have a significant adverse impact on the scenic amenity or character of the rural environment.
In determining whether to grant development consent under this clause, the consent authority must consider whether there is likely to be an adverse impact on any riparian areas or on the supply of water to adjoining land.
The objectives of this clause are as follows—
(a) to preserve the existing character in residential and business areas within Kempsey,
(b) to nominate building heights that will provide a transition in built form and land use intensity within the area covered by this Plan,
(c) to protect the amenity of existing and future dwellings from adverse impacts on privacy, solar access and on the urban streetscape.
The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
The objectives of this clause are as follows—
(a) to provide for a range of densities for development on land in employment and mixed use zones,
(b) to ensure buildings are compatible with the bulk and scale of the locality.
The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
The objectives of this clause are as follows—
(a) to define
floor space ratio ,(b) to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—
(i) prevent the inclusion in the site area of an area that has no significant development being carried out on it, and
(ii) prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and
(iii) require community land and public places to be dealt with separately.
The
In determining the site area of proposed development for the purpose of applying a floor space ratio, the
(a) if the proposed development is to be carried out on only one lot, the area of that lot, or
(b) if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.
In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.
The following land must be excluded from the site area—
(a) land on which the proposed development is prohibited, whether under this Plan or any other law,
(b) community land or a public place (except as provided by subclause (7)).
The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.
The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.
For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.
The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.
When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.
If—
(a) a covenant of the kind referred to in subclause (9) applies to any land (
affected land ), and(b) proposed development relates to the affected land and other land that together comprise the site of the proposed development,
the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.
In this clause,
The objectives of this clause are as follows—
(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
Waste disposal facilities are a type of
(a) a resource recovery facility,
(b) a waste disposal facility,
(c) a waste or resource transfer station,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
Waste or resource transfer stations are a type of
(a) retention structures, and
(b) treatment works, and
(c) irrigation schemes.
Water recycling facilities are a type of
Water reticulation systems are a type of
Water storage facilities are a type of
(a) a water reticulation system,
(b) a water storage facility,
(c) a water treatment facility,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
Water treatment facilities are a type of
(a) natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b) artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
(a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c) wharves for commercial fishing operations,
(d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e) sea walls or training walls,
(f) administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
Kempsey Local Environmental Plan 2013 (712). LW 20.12.2013. Date of commencement, 3.2.2014, cl 1.1AA. This Plan has been amended as follows—
No 111 | Statute Law (Miscellaneous Provisions) Act (No 2) 2013. Assented to 3.12.2013. Date of commencement of Sch 3.27, 10.1.2014, Sch 3.27. | |
No 33 | Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 2.36, 14.7.2014, Sch 2.36. | |
(513) | Standard Instrument (Local Environmental Plans) Amendment Order 2014. LW 15.8.2014. Date of commencement, on publication on LW, cl 2. | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 3, 15.7.2015, sec 2 (3). | |
(43) | Standard Instrument (Local Environmental Plans) Amendment (Maps) Order 2016. LW 27.1.2016. Date of commencement, 27.1.2016, cl 2. | |
(126) | Standard Instrument (Local Environmental Plans) Amendment Order 2016. LW 11.3.2016. Date of commencement, on publication on LW, cl 2. | |
(309) | Standard Instrument (Local Environmental Plans) Amendment (Observatory and Defence Facility) Order 2016. LW 10.6.2016. Date of commencement, 56 days after publication on LW, cl 2. | |
(310) | State Environmental Planning Policy (Integration and Repeals) 2016. LW 10.6.2016. Date of commencement, 56 days after publication on LW, cl 2. | |
(354) | Kempsey Local Environmental Plan 2013 (Amendment No 5). LW 24.6.2016. Date of commencement, on publication on LW, cl 2. | |
(523) | Kempsey Local Environmental Plan 2013 (Amendment No 4). LW 19.8.2016. Date of commencement, on publication on LW, cl 2. | |
(730) | Kempsey Local Environmental Plan 2013 (Amendment No 6). LW 2.12.2016. Date of commencement, on publication on LW, cl 2. | |
(731) | Kempsey Local Environmental Plan 2013 (Amendment No 9). LW 2.12.2016. Date of commencement, on publication on LW, cl 2. | |
(732) | Kempsey Local Environmental Plan 2013 (Amendment No 10). LW 2.12.2016. Date of commencement, on publication on LW, cl 2. | |
(145) | Kempsey Local Environmental Plan 2013 (Amendment No 12). LW 13.4.2017. Date of commencement, on publication on LW, cl 2. | |
(254) | Kempsey Local Environmental Plan 2013 (Amendment No 14). LW 9.6.2017. Date of commencement, on publication on LW, cl 2. | |
(282) | Kempsey Local Environmental Plan 2013 (Amendment No 7). LW 23.6.2017. Date of commencement, on publication on LW, cl 2. | |
(356) | Kempsey Local Environmental Plan 2013 (Amendment No 13). LW 14.7.2017. Date of commencement, on publication on LW, cl 2. | |
(378) | Kempsey Local Environmental Plan 2013 (Amendment No 8). LW 28.7.2017. Date of commencement, on publication on LW, cl 2. | |
(453) | Standard Instrument (Local Environmental Plans) Amendment (Vegetation) Order 2017. LW 25.8.2017. Date of commencement, 25.8.2017, cl 2. | |
(487) | Kempsey Local Environmental Plan 2013 (Amendment No 15). LW 1.9.2017. Date of commencement, on publication on LW, cl 2. | |
(492) | Standard Instrument (Local Environmental Plans) Amendment (Child Care) Order 2017. LW 1.9.2017. Date of commencement, on publication on LW, cl 2. | |
(493) | State Environmental Planning Policy Amendment (Child Care) 2017. LW 1.9.2017. Date of commencement, on publication on LW, cl 2. | |
(612) | Kempsey Local Environmental Plan 2013 (Amendment No 18). LW 3.11.2017. Date of commencement, on publication on LW, cl 2. | |
(726) | State Environmental Planning Policy (Educational Establishments and Child Care Facilities) Amendment 2017. LW 15.12.2017. Date of commencement, on publication on LW, cl 2. | |
(29) | Kempsey Local Environmental Plan 2013 (Amendment No 19). LW 9.2.2018. Date of commencement, on publication on LW, cl 2. | |
(105) | Standard Instrument (Local Environmental Plans) Amendment (Coastal Management) Order 2018. LW 23.3.2018. Date of commencement, 3.4.2018, cl 2. | |
(106) | State Environmental Planning Policy (Coastal Management) 2018. LW 23.3.2018. Date of commencement, 3.4.2018, cl 2. | |
(127) | Kempsey Local Environmental Plan 2013 (Amendment No 16). LW 6.4.2018. Date of commencement, on publication on LW, cl 2. | |
(154) | Standard Instrument (Local Environmental Plans) Amendment (Minimum Subdivision Lot Size) Order 2018. LW 20.4.2018. Date of commencement, on publication on LW, cl 2. | |
No 40 | Forestry Legislation Amendment Act 2018. Assented to 27.6.2018. Date of commencement of Sch 3.12, 9.11.2018, sec 2 and 2018 (620) LW 9.11.2018. | |
(344) | Kempsey Local Environmental Plan 2013 (Amendment No 22). LW 29.6.2018. Date of commencement, on publication on LW, cl 2. | |
(404) | Standard Instrument (Local Environmental Plans) Amendment (Artisan Food and Drink Industries) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(405) | Standard Instrument (Local Environmental Plans) Amendment (Garden Centres) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(406) | State Environmental Planning Policy Amendment (Artisan Food and Drink Industries) 2018. LW 27.7.2018 Date of commencement, on publication on LW, cl 2. | |
(477) | Standard Instrument (Local Environmental Plans) Amendment (Land Use Terms) Order 2018. LW 29.8.2018. Date of commencement, 31.8.2018, cl 2. | |
(488) | State Environmental Planning Policy Amendment (Land Use Terms) 2018. LW 29.8.2018. Date of commencement of Sch 1.1, 31.8.2018, cl 2 (1). | |
(550) | Kempsey Local Environmental Plan 2013 (Amendment No 3). LW 21.9.2018. Date of commencement, on publication on LW, cl 2. | |
(551) | Kempsey Local Environmental Plan 2013 (Amendment No 20). LW 21.9.2018. Date of commencement, on publication on LW, cl 2. | |
No 46 | Children (Education and Care Services) Supplementary Provisions Amendment Act 2018. Assented to 27.9.2018. Date of commencement of Sch 2.3, 31.10.2019, sec 2(1) and 2019 (200) LW 24.5.2019. | |
(717) | Standard Instrument (Local Environmental Plans) Amendment (Greater Sydney Commission) Order 2018. LW 7.12.2018. Date of commencement, 10.12.2018, cl 2. | |
(105) | Kempsey Local Environmental Plan 2013 (Amendment No 26). LW 28.2.2019. Date of commencement, on publication on LW, cl 2. | |
(133) | Standard Instrument (Local Environmental Plans) Amendment (Primary Production and Rural Development) Order 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2. | |
(137) | State Environmental Planning Policy (Primary Production and Rural Development) 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2. | |
(457) | Kempsey Local Environmental Plan 2013 (Amendment No 28). LW 13.9.2019. Date of commencement, on publication on LW, cl 2. | |
(620) | Standard Instrument (Local Environmental Plans) Amendment Order 2019. LW 13.12.2019. Date of commencement, 15.1.2020, cl 2. | |
(621) | State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019. Date of commencement of Sch 5, 15.1.2020, cl 2(1). | |
(155) | Standard Instrument (Local Environmental Plans) Amendment (Energy Storage Technology) Order 2020. LW 17.4.2020. Date of commencement, on publication on LW, cl 2. | |
(159) | Kempsey Local Environmental Plan 2013 (Amendment No 27). LW 17.4.2020. Date of commencement, on publication on LW, cl 2. | |
(589) | Kempsey Local Environmental Plan 2013 (Amendment No 29). LW 2.10.2020. Date of commencement, on publication on LW, cl 2. | |
(627) | Kempsey Local Environmental Plan 2013 (Amendment No 17). LW 23.10.2020. Date of commencement, on publication on LW, cl 2. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). | |
(636) | Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2020. LW 28.10.2020. Date of commencement, 28.10.2020, cl 2. | |
No 40 | Liquor Amendment (Night-time Economy) Act 2020. Assented to 27.11.2020. Date of commencement of Schs 4.6 and 7, 11.12.2020, sec 2(1) and 2020 (713) LW 11.12.2020. | |
(762) | Standard Instrument (Local Environmental Plans) Amendment (Secondary Dwellings) Order 2020. LW 18.12.2020. Date of commencement, 1.2.2021, cl 2. | |
(785) | Kempsey Local Environmental Plan 2013 (Amendment No 1). LW 23.12.2020. Date of commencement, on publication on LW, cl 2. | |
(94) | Kempsey Local Environmental Plan 2013 (Amendment No 30). LW 5.3.2021. Date of commencement, on publication on LW, cl 2. | |
No 6 | Community Land Development Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021. | |
(225) | State Environmental Planning Policy Amendment (Flood Planning) 2021. LW 14.5.2021. Date of commencement, 14.7.2021, cl 2. | |
(226) | Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021. LW 14.5.2021. Date of commencement, 14.7.2021, cl 2. | |
(302) | State Environmental Planning Policy Amendment (Natural Disasters) 2021. LW 18.6.2021. Date of commencement, 23.6.2021, cl 2. | |
(650) | Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. LW 5.11.2021. Date of commencement of Sch 1[1]–[15] [17] [19] [23]–[48] and [50]–[53] and Sch 2, 1.12.2021, cl 2(1); date of commencement of Sch 1[16] [18] [20]–[22] [49] [54] and [55], 30.6.2022, cl 2(1A); date of commencement of Sch 3, 26.4.2023, cl 2(2). Amended by Standard Instrument (Local Environmental Plans) Further Amendment (Land Use Zones) Order 2021 (712). LW 26.11.2021. Date of commencement, on publication on LW, cl 2. Amended by Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022 (726). LW 30.11.2022. Date of commencement, on publication on LW, cl 2. | |
(711) | Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2021. LW 26.11.2021. Date of commencement, on publication on LW, cl 2. | |
(714) | State Environmental Planning Policy (Housing) 2021. LW 26.11.2021. Date of commencement, on publication on LW, sec 2. | |
(71) | Standard Instrument (Local Environmental Plans) Amendment (SEPPs) Order 2022. LW 4.3.2022. Date of commencement, 9.3.2022, cl 2. | |
(72) | State Environmental Planning Policy Amendment (Miscellaneous) 2022. LW 4.3.2022. Date of commencement, on publication on LW, sec 2. | |
(131) | Kempsey Local Environmental Plan 2013 (Amendment No 31). LW 1.4.2022. Date of commencement, on publication on LW, cl 2. | |
(314) | State Environmental Planning Policy Amendment (Local Distribution Premises) 2022. LW 24.6.2022. Date of commencement, 30.6.2022, sec 2. | |
(592) | Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2022. LW 6.10.2022. Date of commencement, 1.12.2022, cl 2. | |
(628) | Standard Instrument (Local Environmental Plans) Amendment (Canal Estate Development and Public Bushland) Order 2022. LW 21.10.2022. Date of commencement, 21.11.2022, cl 2. | |
(828) | State Environmental Planning Policy Amendment (Land Use Zones) (No 2) 2022. LW 16.12.2022. Date of commencement, 26.4.2023, sec 2. Amended by State Environmental Planning Policy Amendment (Land Use Zones) 2023 (82). LW 24.2.2023. Date of commencement, on publication on LW, sec 2. | |
(120) | State Environmental Planning Policy Amendment (Miscellaneous) 2023. LW 2.3.2023. Date of commencement, on publication on LW, sec 2. | |
(337) | Kempsey Local Environmental Plan 2013 (Amendment No 32). LW 23.6.2023. Date of commencement, on publication on LW, cl 2. | |
(458) | State Environmental Planning Policy Amendment (Agritourism) 2023. LW 18.8.2023. Date of commencement, on publication on LW, sec 2. | |
(522) | Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023. LW 15.9.2023. Date of commencement, 1.11.2023, cl 2. | |
(554) | State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023. LW 29.9.2023. Date of commencement, 1.10.2023, sec 2. | |
(608) | Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2023. LW 10.11.2023. Date of commencement, on publication on LW, cl 2. | |
(609) | State Environmental Planning Policy Amendment (Flood Planning) 2023. LW 10.11.2023. Date of commencement, on publication on LW, sec 2. | |
(229) | Kempsey Local Environmental Plan 2013 (Amendment No 33). LW 21.6.2024. Date of commencement, on publication on LW, cl 2. | |
(511) | Standard Instrument (Local Environmental Plans) Amendment (Group Homes) Order 2025. LW 19.9.2025. Date of commencement, on publication on LW, cl 2. |
No reference is made to certain amendments made consequential on the amendment of the Standard Instrument (Local Environmental Plans) Order 2006.
Cl 1.8A | Am 2019 (621), Sch 5[1]; 2023 (609), Sch 1.1[1]; 2024 (229), Sch 1[1]. |
Cl 1.8B | Rep 2016 (310), Sch 4.11. |
Cl 1.9A | Am 2019 (621), Sch 5[2]–[4]. |
Cl 2.1 | Am 2017 (487), Sch 1 [1]; 2022 (828), Sch 1.11[1]. |
Land Use Table | Am 2016 (523), Sch 1 [1]–[8]; 2016 (731), Sch 1 [1]–[8]; 2017 (487), Sch 1 [2]; 2017 (493), Sch 1.1 [1]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2020 (589), cl 5(1); 2022 (314), Sch 1; 2022 (828), Sch 1.11[1A] (ins 2023 (82), Sch 1.2[4]) [2]; 2023 (458), Sch 2.46. |
Cl 4.1AA | Am 2022 (828), Sch 1.11[3]. |
Cl 4.1A | Am 2020 (589), cl 5(2). |
Cl 4.1B | Am 2022 (828), Sch 1.11[4] [5]. |
Cl 4.1C | Am 2022 (828), Sch 1.11[6] [7]. |
Cl 4.2A | Am 2017 (254), Sch 1 [1]–[3]; 2022 (828), Sch 1.11[6] [7] [7A] (ins 2023 (82), Sch 1.2[5]). |
Cl 4.2B | Am 2022 (828), Sch 1.11[6] [7]. |
Cl 4.2C | Am 2017 (254), Sch 1 [4] [5]; 2022 (828), Sch 1.11[6] [8] [9]. |
Cl 4.2D | Subst 2020 (785), cl 5. Am 2022 (828), Sch 1.11[10]. |
Cl 4.2E | Ins 2016 (523), Sch 1 [9]. Am 2021 (714), Sch 11.23[1]; 2023 (120), Sch 5[1]. |
Cl 4.4 | Am 2022 (828), Sch 1.11[11]. |
Cl 4.6 | Am 2017 (254), Sch 1 [6]. |
Cl 5.1A | Am 2022 (828), Sch 1.11[12]. |
Cl 5.4 | Am 2018 (406), Sch 1.72 [1] [2]. |
Cl 5.5 | Ins 2021 (714), Sch 11.23[2]. Am 2023 (120), Sch 5[2]. |
Cl 5.9 | Ins 2021 (302), Sch 1.13. Am 2022 (828), Sch 1.11[13]. |
Cl 5.22 | Subst 2023 (609), Sch 1.13. |
Cl 5.24 | Subst 2023 (458), Sch 1[4]. |
Cl 5.25 | Subst 2023 (458), Sch 1[4]. |
Cl 6.1 | Am 2019 (621), Sch 5[5]; 2023 (554), Sch 1. |
Cl 7.1 | Am 2018 (106), Sch 2.6; 2022 (72), Sch 1.21; 2022 (828), Sch 1.11[9]. |
Cl 7.3 | Rep 2021 (225), Sch 1. |
Cl 7.10 | Am 2017 (493), Sch 1.2 [1]. |
Cl 7.11 | Ins 2018 (344), Sch 1. |
Cl 7.12 | Ins 2024 (229), Sch 1[2]. |
Sch 1 | Am 2017 (487), Sch 1 [3]; 2022 (131), cl 5; 2023 (337), cl 5. |
Sch 2 | Am 2017 (726), Sch 2.3; Am 2022 (828), Sch 1.11[14]–[17]. |
Sch 4 | Am 2016 (354), cl 4. |
Dictionary | Am 2024 (229), Sch 1[3]. |
Maps | Am 2016 (730), cl 4; 2016 (732), cl 4; 2017 (145), cl 4; 2017 (282), cl 4; 2017 (356), cl 4; 2017 (378), cl 4; 2017 (487), cl 4; 2017 (612), cl 4; 2018 (29), cl 4; 2018 (127), cl 4; 2018 (344), cl 4; 2018 (550), cl 4; 2018 (551), cl 4; 2019 (105), cl 4; 2019 (457), cl 4; 2020 (159), cl 4; 2020 (589), cl 4; 2020 (627), cl 4; 2020 (785), cl 4; 2021 (94), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment. |
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