Kiama Local Environmental Plan 1996 (NSW)
This plan may be cited as Kiama Local Environmental Plan 1996.
This plan applies to all of the land within the area of Kiama as shown on the map.
However, this plan does not apply to the land marked “Deferred matter” on the map, (being land excluded from the operation of this plan pursuant to section 68 (5) of the Act), except for the land shown edged heavy black on the maps (or, if any sheets of the maps are specified, by the specified sheets of the maps) marked as follows—
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.
• Kiama Local Environmental Plan 1996 (Amendment No 12)
• Kiama Local Environmental Plan 1996 (Amendment No 19)
• Kiama Local Environmental Plan 1996 (Amendment No 22)
• Kiama Local Environmental Plan 1996 (Amendment No 23)
(Repealed)
The 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 plan for the community’s needs for the next ten years by promoting and encouraging development that improves the total quality of life, both now and in the future, in a way that maintains the ecological process on which life depends,
(b) To preserve the essence of the special qualities of the Council’s area,
(c) To manage, develop and conserve the natural and built resources within the Council’s area,
(d) To meet general community expectations,
(e) To provide for the community’s welfare, including the social and economic well-being of the community of the Council’s area,
(f) To provide planning mechanisms to assist in the development of greater community spirit and vibrancy,
(g) To ensure the efficient and equitable use of resources within environmental constraints,
(h) To provide adequate opportunity for public involvement and participation in environmental planning and assessment.
The objectives of this plan are as follows—
(a) To define future urban boundaries,
(b) To retain a rural separation between villages and towns which help characterise the Council’s area,
(c) To protect natural and built environmental features of the Council’s area,
(d) To provide for controlled urban growth within the defined boundaries,
(e) To provide for consolidation of existing urban areas particularly around existing business and transport centres and where environmental (including social) parameters are suitable,
(f) To protect prime crop and pasture land outside defined urban boundaries,
(g) To consolidate and strengthen existing retail/business centres,
(h) To encourage the provision of a range of retail and business services which are more attractive, convenient and accessible to the community,
(i) To provide for tourism related uses and activities and to attract them to selected localities within the Council’s area,
(j) To ensure that new developments are well designed and complement the character of the surrounding land and the Council’s area,
(k) To ensure that residential areas are based on neighbourhood and environmental design principles, including the following—
• improved pedestrian and bicycle access to services and facilities,
• minimum use of the motor vehicle,
• solar access and energy efficiency,
• a built form that complements the landscape,
• minimum degradation of flora and fauna and natural habitats,
• a landscape design that is appropriate to the area and makes a more attractive residential environment,
• a defined edge to the settlement with appropriate landscaping and recreational facilities, including pathways and cycleways,
• adequate provision of community services and facilities including meeting rooms, child care and sporting facilities,
• focal points that provide the potential for increased social interaction,
• a range of housing styles and lot sizes,
• retention of landscape features,
• stormwater retention ponds and basins,
• the enhancement of waterways,
• environmentally acceptable sewage disposal,
(l) To protect the Council’s area’s natural heritage through appropriate controls and plans of management,
(m) To identify and conserve items of environmental heritage of a local, regional, State and national significance,
(n) To provide industrial lands within environmental constraints to increase the employment base of the Council’s area and improve the self-sufficiency level of the local community,
(o) To identify land required for public purposes and to provide for the classification of public land for general community or operational use,
(p) To minimise the adverse impact of activities within the Council’s area on the global environment,
(q) To promote the more efficient use of water and energy within the Council’s area,
(r) To assist the sustainability of prime crop and pasture lands,
(s) To ensure the preservation of the landscape and special scenic qualities of the Council’s area,
(t) To protect biological diversity and maintain essential ecological processes and life support systems,
(u) To ensure that activities and development within the catchments of the Council’s area do not impact adversely on the water quality of the estuaries and wetlands systems,
(v) To ensure planning and development have regard to total catchment management philosophy and principles,
(w) To promote the sustainability of the natural ecosystems within the Council’s area,
(x) To restrict development on flood liable land,
(y) To enhance individual and community well-being and welfare by encouraging a path of economic development that safeguards the welfare of future generations,
(z) To foster the cultural development of the Kiama area, especially the arts and crafts skills of the community,
(aa) To restrict the fragmentation of non-urban land other than for agricultural purposes.
(ab) To conserve, protect and maintain riparian corridors.
This plan adopts the Environmental Planning and Assessment Model Provisions
1980, other than the definitions in clause 4 of
In this plan—
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.
• Kiama Local Environmental Plan 1996,
• Kiama Local Environmental Plan 1996 (Amendment No 6).
(a) a large area for handling, storage or display, and
(b) easy and direct vehicular access to enable the goods to be collected by customers after sale.
(a) the destruction of any tree, shrub or plant that is required or expressly authorised by or under any Act or statutory instrument or by any statutory authority in pursuance of the provisions of any Act or statutory instrument, or
(b) the destruction of any tree, shrub or plant where the destruction is necessary in an emergency to prevent the spread of fire or in circumstances where the tree, shrub or plant presents a danger to life or property.
(a) the activity is carried out within a dwelling or the curtilage of a dwelling occupied by the person carrying on the activity or on land adjoining the land owned by that person,
(b) the activity does not—
(i) interfere with the amenity of the locality by reason of the emission of noise, traffic, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise, or
(ii) involve exposure to view from any public place of any unsightly matter, or
(iii) require the provision of any essential service main of a greater capacity than that available in the locality, or
(iv) involve the employment of more than two persons (whether as apprentices, employees, students of arts and crafts activities, or trainees) other than residents of the dwelling, or
(v) involve the exhibition of any notice, advertisement or sign (other than a notice or sign not exceeding 1 metre by 0.6 metre exhibited on that dwelling to indicate the name and occupation of the resident thereof),
(c) the activity is in character with the scale and ambience of other activities within the immediate area,
(d) any goods offered for sale have been produced on the site of the activity,
(e) adequate provision has been made on site for the collection, storage and disposal of waste resulting from the activity,
(f) provisions have been made, on site, for the safe and convenient parking, turning and manoeuvring of vehicles associated with the activity,
(g) satisfactory provision has been made to ensure the safe and convenient ingress to and egress from the site, for all vehicles using the site,
(h) the building to be used in conjunction with the activity does not cause adverse visual impact, and
(i) the activity does not involve the use of the premises for the purposes of prostitution or a brothel.
(a) subject to paragraph (b), a lot, portion or parcel of land in existence on 4 July 1977, or
(b) where on 4 July 1977, a person owned 2 or more adjoining or adjacent lots, portions or parcels of land, the aggregation of those lots, portions or parcels.
(a) the winning of extractive material, or
(b) an undertaking (not being a mine) which depends for its operations on the winning of extractive material from the land on which it is carried on,
and includes any washing, crushing, grinding, milling or separating into different sizes of that extractive material on that land.
(a) the business is either carried out within the dwelling or an out-building, or the majority of the business is carried on away from the dwelling (with the dwelling, outbuildings and curtilage being used primarily as a base or office or for storage of tools of trade or equipment), and
(b) the business will not interfere with the amenity of the neighbourhood—
(i) by reason of traffic generation, noise or otherwise, or
(ii) by the exposure to view from any adjacent premises or from any public place of any goods associated with the business or any unsightly matter, or
(iii) by parking of heavy vehicles either on or adjacent to the property, or
(iv) by the hours the business is conducted, or
(v) by the exhibition of any notice, advertisement or sign (other than a notice or sign not exceeding 1 metre by 0.6 metre exhibited on that dwelling to indicate the name and occupation of the resident thereof), and
(c) the dwelling continues to be used for permanent residential occupation by the person carrying on the business, and
(d) only the persons residing in the dwelling work on the premises, and
(e) the business does not involve the use of the premises for the purposes of prostitution or a brothel.
(a) which is used in conjunction with a light industry on land zoned for industrial purposes, and
(b) which is situated on the land on which the light industry is located, and
(c) in which are sold only goods which have been assembled, manufactured or stored on the land on which the shop is situated.
(a) any manufacturing process within the meaning of the Factories, Shops and Industries Act 1962, or
(b) the breaking up or dismantling of any goods or any article for trade or sale or gain or as ancillary to any business,
but does not include an extractive industry.
(a) the subdivision of land into 5 or more allotments, and
(b) the erection of a single dwelling-house on each of the allotments created by that subdivision.
(a) feed lots,
(b) piggeries,
(c) poultry farms, and
(d) fish farming (including farming of crustaceans and oysters),
but does not include an animal boarding establishment or land used for the keeping of livestock or poultry intended solely for personal consumption or enjoyment by the owner or occupier of the land, or intensive hand feeding of livestock as a result of natural disaster including drought, flood or bush fire, or dairy farming where the nurturing of dairy cattle is primarily achieved by the grazing of pasture.
(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, and
(d) an area used by a body of persons associated together for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes,
but does not include racecourses and showgrounds.
The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.
• Kiama Local Environmental Plan 1996 (Amendment No 61)—Sheets 4 and 5
• Kiama Local Environmental Plan 1996 (Amendment No 64)
• Kiama Local Environmental Plan 1996 (Amendment No 65)
A reference in this plan—
(a) to a building or place used for a purpose includes a reference to a building or place intended to be used for that purpose, and
(b) to a map is a reference to a map deposited in the office of the Council, and
(c) to development for the purposes of a residential flat building or villa homes and courtyard houses includes a reference to a subdivision creating separate land titles for each dwelling in such development.
Notes in this plan do not form part of this plan.
The Council is the consent authority for the purposes of this plan.
For the purposes of this plan, land to which this plan applies is in a zone specified below if the land is shown on the map in the way stated below in relation to that zone.
Zone No 1 (a) | Rural “A”—shown coloured cream and lettered “1 (a)” |
Zone No 2 (a) | Residential “A”—shown coloured scarlet and lettered “2 (a)” |
Zone No 2 (b) | Residential “B”—shown coloured scarlet and lettered “2 (b)” |
Zone No 3 (a) | General Business—shown coloured blue and lettered “3 (a)” |
Zone No 3 (b) | Special Business (Heritage)—shown coloured blue and lettered “3 (b)” |
Zone No 3 (c) | Neighbourhood Business—shown coloured blue and lettered “3 (c)” |
Zone No 3 (d) | Business (Tourist Related)—shown coloured blue and lettered “3 (d)” |
Zone No 4 (b) | Extractive Industrial—shown coloured purple and lettered “4 (b)” |
Zone No 4 (c) | Light Industrial—shown coloured purple and lettered “4 (c)” |
Zone No 5 (a) | Special Uses (Schools, etc)—shown coloured yellow and lettered “5 (a)” and indicating the designated special use |
Zone No 5 (b) | Special Uses (Railways)—shown coloured grey and lettered “5 (b)” |
Zone No 6 (a) | Existing Recreation—shown coloured green and lettered “6 (a)” |
Zone No 6 (b) | Private Recreation—shown coloured green and lettered “6 (b)” |
Zone No 6 (c) | Proposed Recreation—shown coloured green and lettered “6 (c)” |
Zone No 7 (b) | Rural Environmental Protection (Estuarine Wetlands)—shown coloured orange and lettered “7 (b)” |
Zone No 7 (b1) | Rural Environmental Protection (Wetlands Buffer)—shown coloured orange and lettered “7 (b1)” |
Zone No 7 (d) | Rural Environmental Protection (Scenic)—shown coloured orange and lettered “7 (d)” |
Zone No 7 (e) | Rural Environmental Protection (Hinterland)—shown coloured orange and lettered “7 (e)” |
Zone No 7 (f) | Rural Environmental Protection (Foreshore Protection)—shown coloured orange and lettered “7 (f)” |
Zone No 7 (l) | Rural Environmental Protection (General)—shown coloured orange and lettered “7 (l)” |
Zone No 8 (a) | National Parks—shown coloured white with green hatching and lettered “8 (a)” |
Zone No 9 (a) | Proposed Arterial Road—shown coloured grey without lettering |
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.
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—
(i) development may be carried out without the need to obtain development consent, and
(ii) development may be carried out only after development consent has been obtained, and
(iii) 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 in the Table to this clause.
Except as otherwise provided by this plan, the Council shall not grant consent to the carrying out of development on land to which this plan applies unless the Council is of the opinion that the carrying out of the development is consistent with the objectives of the zone within which the development is proposed to be carried out.
The objectives are—
(a) to provide suitable land for agricultural use,
(b) to protect the agricultural potential of rural land,
(c) to prevent the fragmentation of rural land of prime crop and pasture potential,
(d) to enable uses that are compatible with the rural use of the land,
(e) to protect the landscape quality of the rural area,
(f) to cater for small domestically-based enterprises that do not adversely affect the environment or the amenity of the neighbourhood and its residents, and
(g) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.
Agriculture (other than animal boarding establishments, intensive horticulture, intensive livestock production, deer farming, goat farming or turf farming); bush fire hazard reduction; environmental protection works; home based child care services; home businesses.
Any purpose other than a purpose included in item 2 or 4.
Advertising structures (other than those ancillary or incidental to the use of the land); amusement parks; boarding-houses; bulk stores; car repair stations; commercial premises (other than caravan parks); detached dwelling dual occupancy development; gas holders; hotels; industries (other than cottage industries, rural industries or extractive industries for the winning of sand, clay, soil or turf); junk yards; liquid fuel depots; motels; motor showrooms; plant nurseries; residential flat buildings; refreshment rooms (other than those used in conjunction with a cottage industry); roadside stalls fronting a main road; service stations; shops; timber yards; transport terminals; villa homes and courtyard houses; warehouses.
The objectives are—
(a) to enable the orderly and economic development of land for residential purposes,
(b) to provide for a variety of allotment sizes and housing choice,
(c) to reduce the consumption of land for residential purposes,
(d) to reduce housing costs by reducing, in certain cases, the minimum area of land on which residential development may be carried out,
(e) to encourage innovation, diversification and energy efficiency in subdivision patterns, site plans and building designs,
(f) to prevent development occurring on land subject to flooding, slip or coastal erosion,
(g) to protect urban bushland and significant vegetation,
(h) to protect significant landscapes,
(i) to conserve and enhance the architectural and aesthetic character of items of environmental heritage significance,
(j) to cater for small domestically-based enterprises that do not adversely affect the environment or the amenity of the neighbourhood and its residents, and
(k) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.
Bush fire hazard reduction; home based child care services; home businesses.
Boat building carried out within a building; child care centres; cottage industries; drainage; dual occupancy development; dwelling-houses; educational establishments; fill; home hosting facilities; hospitals; integrated housing development; places of public worship; professional consulting rooms; recreation areas; roads; utility installations (other than gas holders or generating works); units for aged persons; villa homes and courtyard houses.
Any purpose other than a purpose included in item 2 or 3.
The objectives are—
(a) to enable the orderly and economic development of land for residential purposes,
(b) to provide for medium density residential development not having a height greater than 2 storeys,
(c) to reduce the consumption of land for residential purposes,
(d) to reduce housing costs by reducing, in certain cases, the minimum area of land on which residential development may be carried out,
(e) to encourage innovation and diversification and energy efficiency in subdivision patterns, site plans and building designs,
(f) to provide housing choice,
(g) to conserve and enhance the architectural and aesthetic character of items of environmental heritage significance,
(h) to allow for increases in residential density and for urban consolidation in appropriate locations,
(i) to prevent development occurring on land subject to flooding, slip or coastal erosion,
(j) to protect significant landscapes,
(k) to cater for small domestically-based enterprises that do not adversely affect the environment or the amenity of the neighbourhood and its residents, and
(l) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.
Bush fire hazard reduction; home based child care services; home businesses.
Boat building carried out within a building; child care centres; cottage industries; drainage; dual occupancy development; dwelling-houses; educational establishments; fill; home hosting facilities; hospitals; integrated housing development; places of public worship; professional consulting rooms; recreation areas; residential flat buildings; roads; units for aged persons; utility installations (other than gas holders or generating works); villa homes and courtyard houses.
Any purpose other than a purpose included in item 2 or 3.
The objectives are—
(a) to provide areas which are suitable for commercial development,
(b) to provide guidelines for development within commercial areas,
(c) to protect, conserve and enhance the architectural and aesthetic character of those buildings considered to be of exceptional architectural character and items of environmental heritage,
(d) to consolidate commercial centres to enable easy access and to improve the function and viability of the centres,
(e) to provide for a range of commercial design principles which will enable the orderly and economic development of commercial land,
(f) to ensure that development is of an appropriate scale and contributes to and enhances the appearance of the commercial centres, and
(g) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.
Bush fire hazard reduction.
Any purpose other than a purpose included in item 2 or 4.
Abattoirs; caravan parks; dual occupancy development or dwelling-houses (except where attached to commercial or retail buildings); gas holders; generating works; hospitals; industries (other than cottage industries or light industries); institutions; junk yards; liquid fuel depots; mines; residential flat buildings (except those attached to commercial or retail buildings); road transport terminals; roadside stalls; stock and sale yards; villa homes and courtyard houses.
The objectives are—
(a) to provide for appropriate commercial uses of the land to which the zone applies while retaining the existing character of the area and significant buildings,
(b) to allow for a greater range of uses that are appropriate in terms of the historical significance of buildings within the zone,
(c) to ensure that development is restricted to a height and scale that is compatible with existing development and maintains the integrity of the area and the Kiama township,
(d) to ensure that the historical integrity of the area is enhanced and that new uses complement heritage items,
(e) to ensure that development meets community expectations, and
(f) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.
Bush fire hazard reduction.
Advertising structures; boarding-houses; car parking; child care centres; commercial premises; cottage industries; demolition of buildings; drainage; dual occupancy development; dwelling-houses; fill; guest houses; home businesses; home hosting facilities; hotels; motels; professional consulting rooms; public buildings; refreshment rooms; residential flat buildings attached to commercial or retail buildings; roads; shops; utility installations (other than gas holders or generating works).
Any purpose other than a purpose included in item 2 or 3.
The objectives are—
(a) to provide sites which are suitable for limited commercial development,
(b) to provide for the orderly and economic development of neighbourhood shopping facilities,
(c) to meet the day to day needs and requirements of the local residents, and
(d) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.
Bush fire hazard reduction; home businesses.
Advertising structures; car parking associated with or ancillary to any land use that is not prohibited; child care centres; commercial premises; cottage industries; drainage; dual occupancy development or dwelling-houses (attached to commercial or retail buildings); fill; recreation areas; recreation facilities (other than fun parlours); refreshment rooms; residential flat buildings attached to commercial or retail buildings; roads; service stations; shops (other than drive-in or take-away food shops); utility installations (other than gas holders and generating works); veterinary surgeries.
Any purpose other than a purpose included in item 2 or 3.
The objectives are—
(a) to provide areas which are suitable for tourist-related commercial development,
(b) to restrict ribbon shop development and assist in the consolidation of the retail centre of Kiama township,
(c) to ensure that development is of an appropriate scale and contributes to and enhances the appearance of the commercial centres, and
(d) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.
Bush fire hazard reduction.
Any purpose other than a purpose included in item 2 or 4.
Abattoirs; caravan parks; dual occupancy development or dwelling-houses (except where attached to commercial or retail buildings); gas holders; generating works; hospitals; industries (other than cottage industries and light industries); institutions; junk yards; liquid fuel depots; mines; road transport terminals; roadside stalls; shops (other than those used in conjunction with tourist facilities); stock and sale yards; villa homes and courtyard houses.
The objectives are—
(a) to identify those areas specifically suitable for extractive purposes, and
(b) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality and important ecosystems such as streams, estuaries and wetlands.
Bush fire hazard reduction.
Advertising structures; drainage; extractive industries; industries; land uses ancillary to and directly associated with extractive industries; roads; utility installations.
Any purpose other than those included in item 2 or 3.
The objectives are—
(a) to provide for a range of light industrial uses which will not have a detrimental effect on the amenity of nearby residential neighbourhoods,
(b) to provide for the orderly and economic development of land for industrial purposes,
(c) to provide for the retailing of bulky goods within industrial areas,
(d) to provide local employment opportunities,
(e) to provide guidelines for the development of industrial land, and
(f) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality and land surface conditions and important ecosystems such as streams, estuaries and wetlands.
Bush fire hazard reduction.
Any purpose other than those included in item 2 or 4.
Boarding-houses; caravan parks; commercial premises and dwellings (other than those used in conjunction with industry and situated on the land on which the industry is conducted); dual occupancy development; educational establishments; extractive industries; hospitals; hotels; institutions; mines; motels; industries (other than cottage industries or light industries); places of assembly; places of public worship; public buildings; residential flat buildings; roadside stalls; shops (other than industrial outlets used for the retail sale of bulky goods); stock and saleyards; villa homes and courtyard houses.
The objectives are—
(a) to identify land which can be utilised for the designated purpose, (ie school, church, cemetery etc), and
(b) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.
Bush fire hazard reduction.
The particular purpose designated on the map; any purpose ordinarily incidental or ancillary to the designated purpose; drainage; fill; roads; utility installations (other than generating works or gas holders).
Any purpose other than a purpose included in item 2 or 3.
The objectives are—
(a) to identify land to be used for railway purposes, and
(b) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.
Any purpose ordinarily incidental or ancillary to the operation of the railways; bush fire hazard reduction.
Any railway purpose; drainage; roads; utility installations.
Any purpose other than a purpose included in item 2 or 3.
The objectives are—
(a) to provide sufficient recreation areas for the benefit and use of the residents of and visitors to Kiama,
(b) to provide a range of compatible land uses which will ensure the most economical and beneficial use of the land so zoned, and
(c) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.
Bush fire hazard reduction; any development carried out by or on behalf of the National Parks and Wildlife Service under the National Parks and Wildlife Act 1974.
Agriculture; caravan parks; drainage; fill; race courses; recreation areas; roads; showgrounds; utility installations (other than generating works or gas holders).
Any purpose other than a purpose included in item 2 or 3.
The objectives are—
(a) to provide a variety of open space areas for use in conjunction with the activities of clubs, sporting organisations and the like,
(b) to enable development of recreation areas by bodies of persons associated for the purposes of the physical, cultural or intellectual welfare of the community and to provide land for recreational facilities for those purposes, and
(c) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.
Bush fire hazard reduction.
Advertising structures; clubs used in conjunction with and situated on recreation areas; drainage; dwelling-houses and dual occupancy development required for use or occupation by persons employed in connection with a land use permitted in the zone; fill; utility installations (other than gas holders or generating works); recreation areas; roads; sports grounds.
Any purpose other than a purpose included in item 2 or 3.
The objectives are—
(a) to ensure sufficient recreation areas will be provided for the benefit and use of the residents of and visitors to Kiama,
(b) to identify lands that will be needed in the future for open space purposes, and
(c) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.
Bush fire hazard reduction; any development carried out by or on behalf of the National Parks and Wildlife Service under the National Parks and Wildlife Act 1974.
Agriculture; caravan parks; drainage; fill; race courses; recreation areas; roads; showgrounds; utility installations (other than generating works or gas holders).
Any purpose other than a purpose included in item 2 or 3.
The objectives are—
(a) to identify and preserve estuaries and wetlands and allow them to continue to function as a diverse and natural ecosystem,
(b) to prohibit development within the zone that is likely to have a detrimental effect on the biological and physical function of the wetlands,
(c) to restrict public works to those which provide essential services where no other alternative is available and which would not have a detrimental effect on the habitat or landscape qualities of the wetland or other significant coastal habitat areas,
(d) to prohibit the clearing of land except for the careful control of noxious plants by means not likely to be significantly detrimental to the native ecosystem,
(e) to encourage the enhancement of wetland values by reinstatement of the natural water regime and vegetation,
(f) to provide for changes in sea and related water levels,
(g) to lessen the development pressure on wetland systems, other than development for rehabilitation or educational purposes, by progressively bringing wetlands into public ownership, and
(h) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.
Bush fire hazard reduction.
Rehabilitation of wetland systems; recreational and environmental facilities under the care, control or management of the Council.
Any purpose other than a purpose included in item 2 or 3.
The objectives are—
(a) to assist in the protection of adjoining wetland systems and riparian and foreshore vegetation,
(b) to ensure that development of the land has minimal impact on the biological and physical function of the wetlands,
(c) to ensure that management of the land is appropriate having regard to the potential impact on the local wetland systems, and
(d) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.
Bush fire hazard reduction.
Pollution control structures and artificial wetlands; recreation areas; roads; utility installations (other than gas holders and generating works).
Any purpose other than a purpose included in item 2 or 3.
The objectives are—
(a) to protect vegetation and land of significant scenic or aesthetic value,
(b) to preserve, within the land referred to in paragraph (a), significant vegetation stands and promote revegetation programs,
(c) to preserve dominant land forms which contribute to significant landscapes and form part of an aesthetic environmental feature,
(d) to provide suitable land for agricultural use,
(e) to protect the agricultural potential of rural land,
(f) to prevent the fragmentation of rural land of prime crop and pasture potential,
(g) to allow on lawfully cleared prime crop and pasture land the continuation of animal grazing and cropping practices associated with the use of land for agriculture,
(h) to cater for small domestically-based enterprises that do not adversely affect the environment or the amenity of the neighbourhood and its residents, and
(i) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.
Agriculture (other than clearing, domestic animal boarding and breeding establishments, intensive horticulture and intensive livestock production, goat farming, deer farming or turf farming) carried out on lawfully cleared land; bush fire hazard reduction; clearing of noxious weeds; environmental protection works; home based child care services; home businesses.
Attached dwelling dual occupancy development; buildings ancillary to agriculture (including milking sheds, haysheds, machinery sheds, silos, stables, cattle yards and the like); cottage industries; dams; drainage; dwelling-houses; fill; golf courses; home hosting facilities; roads; rural worker’s dwellings; tree plantations and harvesting; utility installations (other than generating works or gas holders).
Any purpose other than a purpose included in item 2 or 3.
The objectives are—
(a) to maintain the environmental attributes of the hinterland environment,
(b) to preserve intact rainforests and to promote the regeneration of rainforest areas,
(c) to preserve areas of significant vegetation stands and to promote the regeneration of forests and eradication of introduced vegetation which competes with native flora,
(d) to protect varieties of wildlife and their associated habitats and corridors,
(e) to retain and enhance the visual and scenic qualities of the escarpment ridges, foot slopes, walls and associated tablelands,
(f) to allow on lawfully cleared prime crop and pasture lands the continuation of animal grazing and cropping practices associated with the use of land for agriculture,
(g) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions, important ecosystems (such as streams, estuaries and wetlands) and other land below the hinterland environment,
(h) to ensure that existing and future land uses and land management practices do not lead to a diminution of the environmental values of the hinterland environment, and
(i) to cater for small domestically-based enterprises that do not adversely affect the environment or the amenity of the neighbourhood and its residents.
Agriculture (other than clearing, domestic animal boarding and breeding establishments, intensive horticulture and intensive livestock production, goat farming, deer farming or turf farming) carried out on lawfully cleared land; bush fire hazard reduction; home businesses; home based child care services; regeneration of native forests; removal of noxious weeds.
Attached dwelling dual occupancy development; buildings ancillary to agriculture (including milking sheds, haysheds, machinery sheds, silos, stables, cattle yards and the like); clearing of vegetation; cottage industries; dams; dwelling-houses; fill; home hosting facilities; roads; rural worker’s dwellings; tree plantations and harvesting; utility installations (other than gas holders and generating works).
Any purpose other than a purpose included in item 2 or 3.
The objectives are—
(a) to maintain the environmental attributes of the foreshore environment,
(b) to protect the foreshore areas from the effect of erosion and promote practices which will ensure sand dune stability,
(c) to enhance the visual and scenic qualities of the foreshore areas,
(d) to allow on lawfully cleared prime crop and pasture land the continuation of animal grazing and cropping practices associated with the use of land for agriculture,
(e) to ensure that existing and future land uses and land management practices do not lead to the degeneration of the environmental values of the foreshore environment,
(f) to cater for small domestically-based enterprises that do not adversely affect the environment or the amenity of the neighbourhood and its residents, and
(g) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and other important ecosystems such as streams, estuaries and wetlands.
Agriculture (other than clearing, domestic animal boarding and breeding establishments, intensive horticulture and intensive livestock production, goat farming, deer farming or turf farming) carried out on lawfully cleared land; bush fire hazard reduction; home businesses; home based child care services.
Attached dwelling dual occupancy development; buildings ancillary to agriculture (including milking sheds, haysheds, machinery sheds, silos, stables, cattle yards and the like, but excluding buildings required for, or ancillary to, intensive horticulture and intensive livestock production); camping areas, caravan parks; cottage industries; dams; drainage; dwelling-houses; fill; home hosting facilities; roads; tree plantations and harvesting; utility installations (other than generating works or gas holders).
Any purpose other than a purpose included in item 2 or 3.
The objectives are—
(a) to protect and conserve lands which are particularly environmentally sensitive and have high flora and fauna value,
(b) to enable the development of land within the zone only where it can be shown that the development will not destroy, damage or compromise the ecological, scenic or scientific attributes of the land, and
(c) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.
Bush fire hazard reduction.
Environmental protection works; removal or destruction of noxious weeds; works carried out by the National Parks and Wildlife Service.
Any purpose other than a purpose included in item 2 or 3.
The objectives are—
(a) to identify National Parks and Nature Reserves,
(b) to preserve and manage the identified National Parks and Nature Reserves for conservation and recreational purposes, and
(c) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.
Any purpose authorised under the National Parks and Wildlife Act 1974; bush fire hazard reduction.
Utility installations (other than generating works or gas holders).
Any purpose other than a purpose included in item 2 or 3.
The objectives are—
(a) to provide for the opening of new, and widening of existing, arterial roads as identified on the map, and
(b) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.
Bush fire hazard reduction; drainage; open space; roads; widening of existing roads.
Utility installations (other than gas holders or generating works).
Any purpose other than a purpose included in item 2 or 3.
A person shall not subdivide land, including for the purpose of opening a road, within Zone No 1 (a) except with the consent of the Council.
The Council shall not consent to the subdivision of land within Zone No 1 (a) unless it has obtained all relevant information in relation to, and has made an assessment of—
(a) the primary purpose for which each allotment is intended to be used, and
(b) if that purpose is agriculture, the form of agriculture for which the allotment is intended to be used.
Where the Council is of the opinion that a proposed allotment the subject of an application for consent required by subclause (1) is intended to be used for—
(a) the erection of a dwelling-house, the Council shall not grant consent unless it is an application allowed by subclause (6), or
(b) any other purpose, the Council shall not grant consent unless it prohibits the erection of a dwelling-house on each proposed allotment created by the subdivision.
(Repealed)
Only one allotment may be created in accordance with subclause (4) from land that has been the subject of a development application after the commencement of this plan.
A person may, with the consent of the Council, subdivide land within Zone No 1 (a) to create allotments each having an area of at least 40 hectares that the Council is satisfied will be used for the purpose of the erection of a dwelling-house on each allotment.
The Council shall not grant consent to an application to subdivide land within Zone No 1 (a) unless it has considered—
(a) the relationship of the proposed allotments to be created by the subdivision to adjacent or adjoining allotments and the practicality of consolidating the adjoining allotments with that land, and
(b) the quality of the land and the potential agricultural productivity of the land if it remains un-subdivided, and
(c) the likely impact of the subdivision on the landscape, vegetation, soil resources and stability and water resources (including the quality of water courses, ground water storage and riparian rights), and the cumulative impact of the subdivision, the future use of the land and the use of other land in the vicinity on surface and ground water quality and quantity and on the physical and biological functions of watercourses and riparian corridors, and
(d) in relation to each proposed allotment—
(i) the size, quality and potential agricultural productivity of the allotment, and
(ii) its relationship to, and effect on, the structure and nature of agricultural industries in the area, and
(iii) the purpose for which the allotment is intended to be used and the purposes for which, in the opinion of the Council, the allotment is suitable to be used, also having regard to the land uses undertaken on adjacent and adjoining holdings and other holdings in the vicinity, and
(iv) the cumulative effect of similar proposals if consent is granted, and
(v) the likelihood of the allotment remaining available for agriculture, and
(vi) slip hazard, and
(vii) bush fire hazard, and
(e) the potential for adverse visual and traffic impacts to be caused by the subdivision and any access road linking with an arterial road and subsequent ribbon development along roads, and
(f) any adverse impacts the subdivision or subdivision access may have on the proper functioning and safety of other roads in the immediate vicinity.
A person may, without the consent of the Council, subdivide land within Zone No 1 (a) if the subdivision is for any one or more of the following purposes—
(a) to widen a public road,
(b) to make minor adjustments to common property boundaries,
(c) to rectify an encroachment on a lot, portion or parcel of land.
Clause 9 of the State Environmental Planning Policy (Rural Lands) 2008 also enables the subdivision of lots for the purposes of primary production.
This clause applies to land within Zone No 1 (a).
A person shall not erect a dwelling-house or carry out dual occupancy development on land to which this clause applies except in accordance with this clause.
Where land to which this clause applies does not have a dwelling-house erected on it, a person may, with the consent of the Council, erect a dwelling-house or carry out dual occupancy development if the land—
(a) has an area of not less than 40 hectares, or
(b) comprises the whole of an existing holding (or an existing holding affected only by a subdivision carried out in accordance with clause 10 (8)), being an existing holding that has an area of not less than 20 hectares and where the Council is satisfied that—
(i) there will be adequate vehicular access to the dwelling-house or dwellings, and
(ii) the erection of a dwelling-house or dwellings will not create or increase ribbon development along an arterial road, or
(c) (Repealed)
(d) is an allotment created with the consent of the Council, being an allotment referred to in clause 18 (3) (e) of Kiama Local Environmental Plan No 5 as in force immediately before its repeal by this plan, or
(e) is a concessional allotment within the meaning of paragraph (a) of the definition of
concessional allotment in clause 16 (2) of Kiama Local Environmental Plan No 5 as in force immediately before its repeal by this plan, or(f) is an allotment having an area of less than 40 hectares and was created under the provisions of clause 32 (1) of the Kiama Planning Scheme Ordinance.
Where a person owns—
(a) a lot, portion or parcel of land, or
(b) two or more adjoining or adjacent lots, portions or parcels of land,
being land to which this clause applies, the person may, with the consent of the Council, erect one additional dwelling-house on that land for use as a rural worker’s dwelling where the Council is satisfied that the additional dwelling-house will be actually occupied by a person employed or engaged by the owner of the land in the use of the land for the purposes of agriculture and that separate ownership of the proposed dwelling could only be achieved by a subdivision of the land in accordance with clause 10.
The Council shall not grant consent for a rural worker’s dwelling in accordance with subclause (4) if a rural worker’s dwelling already exists on the land, or another dwelling exists on the land or on adjoining land in the same ownership which is being used to accommodate rural workers engaged in carrying out agriculture on the land to which the application for consent applies.
The Council may only grant consent for a rural worker’s dwelling in accordance with sub-clause (4) if—
(a) it is satisfied the rural worker’s dwelling is justified having regard to the nature and scale of the agricultural enterprise and the need for accommodating rural workers on the land, and
(b) the rural worker’s dwelling is to be located on the same allotment of land as the principal owner’s residence, and is designed in a way that architecturally integrates with existing residential development on the land, where the buildings are located in close proximity to each other.
In granting consent to the erection of a rural worker’s dwelling in accordance with subclause (4), the Council may require that—
(a) the rural worker’s dwelling may only be occupied by a person engaged as an employee of the person carrying out agriculture, or by a relative who assists the person carrying out agriculture, on the land, and
(b) the rural worker’s dwelling is designed and constructed so that it may be removed from the site when the use of the land for agriculture ceases, and
(c) when it reasonably forms the opinion that the rural worker’s dwelling is no longer being lawfully used by the person carrying out agriculture on the land for its intended purpose, the rural worker’s dwelling must be removed from the land or the dwelling must be rendered incapable of residential occupation (and its use limited to agricultural or storage purposes) or be left vacant.
A person may, with the consent of the Council, erect a dwelling-house on land to which this clause applies and on which another dwelling-house is erected if the dwelling-house is intended to wholly replace the other dwelling-house.
The Council shall not grant a consent referred to in subclause (8) unless it is of the opinion that the proposed dwelling will not interfere with the purpose for which the land concerned is being used.
The amendment of this plan by the State Environmental Planning Policy (Rural Lands) 2008 does not affect any entitlement arising under a provision of this plan (as in force before that amendment) to erect a dwelling-house on a lot, if—
(a) the lot was created before that commencement, or
(b) development consent to the creation of the lot was applied for, or granted, before that commencement.
The Council shall not grant consent to development on land within Zone No 1 (a) (other than the subdivision of land) unless it has taken into account the effect that the proposed development will have on the agricultural viability of that land and land in the vicinity of that land.
The Council shall not grant consent to development on land within Zone No 1 (a) unless it has considered—
(a) the effect of the proposed development on agricultural and other land uses undertaken on adjacent and adjoining holdings and other holdings in the vicinity, and
(b) the quality of the land and the potential agricultural productivity of the land, and
(c) the likely impact of the proposed development on the landscape, vegetation, soil resources and stability and water resources (including the quality of water courses, ground water storage and riparian rights), and the cumulative impact of the development on surface and ground water quality and quantity and on the physical and biological functions of watercourses and riparian corridors, and
(d) the effect of the proposed development on the structure and nature of agricultural industries in the area, and
(e) the traffic generating effects of the development on access roads, and
(f) the cumulative effect of similar proposals if consent is granted, and
(g) the likelihood of the land remaining available for agriculture.
The Council shall not grant consent to development on land within Zone No 1 (a) unless it has considered its effect on—
(a) the protection of rare and endangered flora and fauna species and the protection of habitats for native flora and fauna, and
(b) the protection of wildlife corridors and vegetation links with other nearby bushland, and
(c) the protection of bushland as a natural stabiliser of the soil surface and the protection of existing landforms such as natural drainage lines, water courses and foreshores, and
(d) the protection of bushland for scenic values and the retention of the unique visual identity of the landscape, and
(e) the cumulative impact of a series of development proposals.
A person shall not subdivide land within Zone No 2 (a) or 2 (b) for the purpose of creating lots for detached dwelling-houses unless—
(a) each of the allotments to be created that is hatchet-shaped has an area, excluding the access corridor, of not less than 550 square metres, and
(b) each of the allotments to be created that is not hatchet-shaped has an area of not less than 450 square metres.
This clause does not apply to a subdivision creating separate land titles for dwellings created by dual occupancy development or integrated housing development or by development creating villa homes and courtyard houses.
A person shall not erect a dwelling-house on land within Zone No 2 (a) or 2 (b) unless the allotment—
(a) where the allotment is hatchet-shaped, has an area, excluding the access corridor, of not less than 550 square metres, and
(b) where the allotment is not hatchet-shaped, has an area of not less than 450 square metres.
Despite subclause (1), a person may erect a dwelling-house on land within Zone No 2 (a) or 2 (b) on an allotment that has an area of less than 450 square metres if the allotment was in existence as a separate allotment on 4 July 1977.
This clause does not prevent dwelling-houses being erected on lots in a subdivision creating separate land titles for dwellings created by dual occupancy development or integrated housing development or by development creating villa homes and courtyard houses.
Despite subclause (1), a person may erect a dwelling-house on an allotment within Zone No 2 (a) or 2 (b) which has an area less than that specified in subclause (1) where the allotment was created by a subdivision approved by the Council before the appointed day.
A person may, with the consent of the Council, on an allotment of land within Zone No 2 (a) or 2 (b)—
(a) erect 2 dwelling-houses on that allotment, or
(b) erect a second dwelling-house in addition to one already erected on that allotment, or
(c) alter or add to a dwelling-house or to any other building erected on that allotment so as to create 2 dwelling-houses,
if, but only if, not more than 2 dwellings will occupy the allotment after the development has been carried out.
The Council shall not consent to dual occupancy development unless—
(a) in a case where the development will result in the creation of 2 attached dwellings—the area of the allotment on which the dwellings are or will be created is not less than 450 square metres, or
(b) in a case where the development will result in the erection of 2 dwelling-houses—the area of the allotment on which the dwelling-houses are or will be erected is not less than 600 square metres.
Except as provided by subclause (4), the Council shall not consent to dual occupancy development unless the floor space ratio of dwellings on the land will be not more than 0.5:1.
Where—
(a) an application is made to the Council to alter or add to a dwelling-house to create 2 dwellings, and
(b) the floor space ratio of the dwelling-house before it is altered or added to exceeds 0.5:1,
the Council may consent to the application if the floor space ratio of the dwellings to be created is not more than the floor space ratio of the dwelling-house before the alteration or addition.
Subclause (4) only applies in relation to dwelling-houses erected before the appointed day.
If an application is made for consent to erect a second dwelling-house on an allotment where there is an existing dwelling-house, the second dwelling-house shall not exceed 3.6 metres in height.
If an application is made for consent to erect 2 detached dwelling-houses on a vacant allotment, the dwelling-house furthest from the street frontage shall not exceed 3.6 metres in height.
The Council shall not grant consent for a second dwelling-house unless it is satisfied that—
(a) adequate provision is made in respect of the privacy of the proposed dwelling-house and any adjacent dwelling-house (including the curtilage of the adjacent dwelling-house), and
(b) adequate provision is made in respect of solar access and access to natural light for the proposed dwelling-house and any adjacent dwelling-houses (including their curtilages).
If an application is made for consent for dual occupancy development in respect of land within a heritage conservation area, or identified as a heritage item within the meaning of Part 9, the Council shall have regard to any heritage or conservation provisions which may apply in respect of the land.
The Council shall not grant consent for dual occupancy development unless it is satisfied that adequate arrangements have been made for the provision of a water supply to each dwelling and for the disposal of sewage and stormwater from each dwelling.
The Council shall not grant consent for dual occupancy development unless it is satisfied that the proposed dwelling or dwellings will not have an adverse effect on—
(a) the protection of rare and endangered flora and fauna species and the protection of habitats for native flora and fauna,
(b) the protection of wildlife corridors and vegetation links with other nearby bushland,
(c) the protection of bushland as a natural stabiliser of the soil surface and the protection of existing landforms such as natural drainage lines, water courses and foreshores, and
(d) the protection of bushland for scenic values and the retention of the unique visual identity of the landscape.
Integrated housing development may, with the consent of the Council, be carried out on land within Zone No 2 (a) or 2 (b).
The Council shall not grant consent to integrated housing development on an allotment of land within Zone No 2 (a) or 2 (b) unless it is satisfied that—
(a) each allotment on which a dwelling will be erected has an area of 232 square metres or more, and
(b) the development makes adequate provision with respect to the privacy of each proposed dwelling-house, and
(c) the development makes adequate provision with respect to solar access and access to natural light for each proposed dwelling-house, and
(d) the floor space ratio of each proposed dwelling-house will not exceed 0.5:1, and
(e) adequate arrangements can be made for the provision of water, sewerage and drainage services for each proposed dwelling-house.
This clause applies to land within Zone No 2 (a) or 2 (b).
The Council shall not grant consent to development—
(a) within Zone No 2 (a)—for the purposes of units for aged persons or villa homes and courtyard houses, or
(b) within Zone No 2 (b)—for the purposes of residential flat buildings, units for aged persons or villa homes and courtyard houses,
unless—
(c) it has considered a statement of environmental effects which has been prepared with regard to the Residential Design Guidelines set out in Schedule 1 and is satisfied with the likely environmental effect of the proposed development, and
(d) it is satisfied the development meets the aims, objectives, controls and guidelines set out in this plan.
A statement of environmental effects referred to in subclause (2) must consist of a written statement supported by plans, diagrams, perspectives or models which clearly and accurately show the siting and design of the proposed building and works to be carried out on the development site, and also show—
(a) the location of residential buildings (if any), the floor levels of those buildings and window openings, and
(b) important outdoor recreational spaces and facilities,
on any adjoining site that shares a common property boundary with the proposed development site or that may be significantly affected in terms of loss of privacy, overshadowing and loss of views.
The Council, in granting consent to residential development located on land within Zone No 2 (a) or 2 (b) adjacent to the South Coast Railway Line or any associated feeder line, may impose conditions to enable the occupants of that development to achieve satisfactory internal acoustic privacy.
This clause applies to land within Zone No 2 (a) shown with hatching on Sheet 7 of the map and which is known as the Gerringong urban release area.
The Council shall not grant consent to the development of land to which this clause applies unless it is satisfied that—
(a) the disturbance of soils within the area, having regard to their type and to the location or topography of the land, will not significantly affect watercourses and the estuary and wetlands downstream of the land or the ecology of this waterway system, and
(b) the development and other existing and planned development within the Crooked River catchment area can be carried out without having a significant adverse environmental impact on the catchment, including the water quality of its groundwater, streams and estuary or the biodiversity of the catchment area, and
(c) suitable arrangements can be made for access to the land by vehicles, cyclists and pedestrians in a way that provides safe and efficient use of public thoroughfares which link in with the existing road and cycleway system and important public places such as commercial and recreational areas.
This clause applies to land within Zone Nos 2 (a) or 2 (b) that is shown edged heavy black on the map marked “Kiama Local Environmental Plan 1996 (Amendment No 23)” and which is known as the West Kiama urban release area.
The Council shall not grant consent to the development of land to which this clause applies for residential purposes (including subdivision) unless it is satisfied that the development is consistent with the following planning objectives for the West Kiama urban release area—
(a) To provide a defined urban edge to the southern and western boundaries of the Kiama town west of the Kiama Bypass that—
(i) is accessible to the community,
(ii) separates urban land from rural land to the south and west,
(iii) provides a visually attractive interface with rural land as viewed from rural and urban locations, and
(iv) respects natural landscape features within the area.
(b) To conserve and protect natural remnant vegetation and provide new plantings of endemic species of plants in both public and private lands.
(c) To protect cultural heritage.
(d) To protect and enhance the riparian corridor along the upper reaches of Willow Gully Creek.
(e) To ensure new urban development is designed to complement the character of the subject land having regard to existing natural landform, riparian features, remnant native vegetation and cultural heritage.
(f) To ensure new urban development is consistent with best practice neighbourhood and environmental design principles including—
(i) accessibility,
(ii) energy efficiency,
(iii) urban form and design in both the private and public realms,
(iv) livableness and neighbourhood character, and
(v) housing choice.
(g) To protect water quality in the Willow Gully Creek and Spring Creek catchments and natural ecosystems and biodiversity supported by these streams and associated waterbodies.
(h) To prevent residential development on flood prone land and protect existing development downstream of the subject land from exposure to changes in flood behaviour.
(i) To ensure residential development is carried out only on sites that are not contaminated by previous landuse or which are appropriately rehabilitated where site contamination has been detected.
The Council shall not grant consent to development on land to which this plan applies unless—
(a) it is satisfied the land has been investigated and recommended as being suitable for development (with or without remediation) in a site contamination report, and
(b) where it has reason to believe that a site may be contaminated, the development, and any required site remediation, are consistent with recommendations in a site audit and site audit statement prepared in accordance with the Contaminated Land Management Act 1997.
Nothing in this subclause affects the application of State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 4 to land to which this clause applies.
A person shall not alter or demolish (as defined in clause 42) a dry stone wall on land to which this clause applies except with the consent of the Council.
A person shall not damage or destroy any Aboriginal site on land to which this clause applies except with any necessary consent or permission under the National Parks and Wildlife Act 1974.
This clause applies to land shown edged heavy black on the map marked “Kiama Local Environmental Plan 1996 (Amendment No 22)” and known as the “Cedar Grove” urban release area.
The Council, in considering any development application for urban purposes on land to which this clause applies, is to ensure that the development is consistent with the following planning objectives for the “Cedar Grove” urban release area—
(a) a defined urban edge is created on the Kiama town boundaries that—
(i) provides an effective natural buffer separating urban land and agricultural land to the south, and
(ii) provides a visually attractive interface with rural land as viewed from rural and urban locations, and
(iii) has regard to natural landscape features within the area,
(b) the effective incorporation of three existing dwellings and their immediate residential curtilages into the subdivision design layout if they are retained,
(c) all road drainage and residential lots are connected to stormwater reticulation that is connected to a stormwater detention pond (if the Council is satisfied such a pond should be required) and water pollution control devices for treatment prior to discharge in order to protect the Willow Gully Creek and Spring Creek catchments and natural ecosystems and biodiversity supported by those streams and associated waterbodies,
(d) access is provided for fire fighting vehicles to perimeter rural land for bush fire fighting purposes,
(e) pedestrian ways and cycleways are provided within the residential estate that link with public land within and outside the estate, the existing residential estate on the northern side of Jamberoo Road and the township of Kiama,
(f) the part of the land to which this clause applies that is within Zone No 7 (b1) is to be revegetated and preserved as a natural riparian area to be enjoyed in connection with the proposed development,
(g) the preservation and restoration of the existing dry stone wall located on the western boundary of the land to which this clause applies,
(h) cleared rural land within Zone No 1 (a) on the southern fringe of the proposed residential estate is revegetated as a natural forested buffer area separating the residential estate from agricultural land on the plateau above the estate to the immediate south,
(i) effective screen planting and landscaping is provided along the southern side of Jamberoo Road adjacent to the proposed residential estate for town entry beautification and residential estate embellishment purposes,
(j) pedestrian and traffic safety is provided for at the point of access to the planned residential estate where it connects to Jamberoo Road,
(k) residential development in the proposed estate aims to achieve a minimum site density of 15 dwellings per hectare and is designed to complement the character of the subject land having regard to existing natural landform, riparian features, remnant native vegetation and cultural heritage,
(l) new urban development consistent with what the Council is satisfied are “best practice” neighbourhood and environmental design principles, including—
(i) accessibility,
(ii) energy efficiency,
(iii) urban form and design in both the private and public realms,
(iv) livableness and neighbourhood character, and
(v) housing choice, and
(m) residential development in the planned estate that is not located on flood prone land and is designed in a way that protects existing development downstream from flooding as a consequence of development in the proposed estate.
(c) the impact of the development on local water quality,
(d) the size and shape of the allotments and the desirability of retaining the existing cleared and vegetated lands within separate allotments.
• Land in the “Riversdale Estate”, Jamberoo Road and Riversdale Road, Kiama, as follows—
• Lots 1, 2, 3, 4, 7, 8, 9, 15, 35, 38, 39 and 40, DP 31576
Lot 56, DP 598856
Lot 1, DP 606772
Lot 100, DP 612185
Lot 260, DP 612841
Lot 102, DP 618483
Lot 257, DP 620697
Lot 258, DP 622748
— the erection of 1 dwelling-house on each lot.
Lots 1 and 2 DP 599625, Wilsons Road and 1 DP 205057 and Lot 1 DP 770691 Saddleback Mountain Road, Saddleback Mountain—the excision from Lot 1 DP 770691 of one allotment containing an area of approximately 4,000m
2 and the erection of a single dwelling-house on that allotment, subject to the following—(a) in determining whether to grant consent to the creation of the excised allotment, the Council must take into considering the following matters—
(i) the provision of vehicular access to the allotment to minimise new work, visual impact and unnecessary disturbance of the land,
(ii) the size, shape and slope of the allotment and the location of any dwelling-house to be erected on that allotment,
(iii) the suitability of the allotment for effluent disposal,
(iv) the provision of services to the allotment without unacceptable visual impact,
(v) the protection and enhancement of existing screening vegetation,
(vi) the need to provide an appropriate mitigation of bush fire risk without reducing the scenic integrity of the allotment,
(b) Lot 1 DP 205057 and the residue of Lot 1 DP 770691 (that was not excised) must be consolidated into one allotment,
(c) Lots 1 and 2 DP 599625 must be consolidated into one allotment,
(d) a person must not carry out development on the allotment created by the consolidation of Lots 1 and 2 DP 599625 for the purposes of the erection of a dwelling.
• Lots 23 and 24, SP 62956, 81–83 Manning Street, Kiama, as shown edged heavy black on the map marked “Kiama Local Environmental Plan 1996 (Amendment No 46)”—use of an existing commercial unit as a pharmacy.
• Proposed Lots 2–5 in a subdivision of Lot 115 and Lots 132–139, DP 751254, Tomlins Road, Broughton and Lot 13, DP 654855 and Lot 88, DP 784352, Foxground Road, Foxground, as shown edged heavy black on Sheets 1–3, respectively, of the map marked “Kiama Local Environmental Plan 1996 (Amendment No 43)”—the erection of a single dwelling-house on each lot.
• Lot 900, DP 616677, No 1 Fern Street, Gerringong, as shown edged heavy black on Sheet 9 of the map marked “Kiama Local Environmental Plan 1996 (Amendment No 60)”—development of the existing building (that was used before the commencement of this item as a motel and restaurant) for the purpose of serviced apartments that do not include residential accommodation for permanent residents.
• Lot 269, DP 751292, No 182 Knights Hill Road, Knights Hill, as shown edged heavy black on the map marked “Kiama Local Environmental Plan 1996 (Amendment No 62)”—the following—
(a) the subdivision of the land into 2 lots of approximately 13.2 hectares and 27.3 hectares in area,
(b) on the smaller lot—the erection of an ecotourism development (known as the “Illawarra Fly”), comprising a visitors’ centre, elevated tree-top walk and associated car parking area,
(c) on the larger lot—the erection of a dwelling-house or attached dual occupancy development.
In determining whether to grant consent for development described in paragraph (a), (b) or (c), the Council must take into consideration the following matters—
(d) the protection of flora and fauna and the rehabilitation of previously disturbed areas,
(e) the likely visual impact of the proposed development on the scenic quality of the locality,
(f) the likely impact of the proposed development on soil resources and stability, water resources (including the quality of water resources, ground water storage and riparian rights) and vegetation,
(g) the likely impact of the proposed development on Aboriginal archaeology and culture,
(h) the likely traffic generating effects of the proposed development on the local road network and arterial roads,
(i) bush fire risk and hazard reduction and the likely impact of that reduction on significant vegetation,
(j) the likely economic impact of the proposed development.
• Part of Lot 1, DP 1070506 and part of Lot 3, DP 258919, Jamberoo Road, Curramore, as shown edged heavy black on the map marked “Kiama Local Environmental Plan 1996 (Amendment No 66)”—the following—
(a) in Area A (being the area indicated on that map with vertical bars)—an amusement park, function centre and any other facilities associated with an amusement park, such as shops, refreshment rooms and amenities,
(b) in Area B (being the area indicated on that map with cross hatching)—car park, water supply system and water recycling facility.
(Clauses 47AA and 47AB)
Land fronting Manning Street and Terralong Street, Kiama, as shown edged heavy black and with diagonal hatching on Sheet 5 of the map marked “Kiama Local Environmental Plan 1996 (Amendment No 60)”.
Development for the purpose of mixed tourist, commercial, retail and residential uses that meets the Kiama Town Centre Charrette Objectives (in so far as they relate to this master plan site) and the Design Brief for Commonwealth Bank Corner, copies of which are available at the office of the Council.
The section titled Indicative Design for the Commonwealth Bank
Corner and other provisions that relate to this master plan site in the report titled Kiama Town Centre Charrette 25–29th July 2002—A
report on the Charrette Outcomes (the
The following requirements apply to master plan development on this site—
(a) lots must be consolidated to create a single lot with not less than the minimum area required for this site by the Kiama Charrette Report,
(b) the single lot must be occupied by a significant building in which the mixed tourist, commercial, retail and residential uses will be carried out,
(c) the building may have a maximum building height of 4 storeys above ground level, subject to there being terraces not less than 3 metres wide along more than half of the top floor punctuated by corner and centrally disposed habitable towers aligning with the street-front property lines of the building as described in the Kiama Charrette Report,
(d) the building must include a hotel with a reception area and related restaurants, cafes and shops at street level,
(e) the building must be designed so that people visiting the building will have access to indoor and outdoor areas on the top floor and so that use of the top floor will encourage such access (for example, a restaurant or function room would be a suitable use for the top floor),
(f) the architectural design of the building must have regard to the heritage value of the streetscapes of the streets to which it has frontage. The building must have a traditional and reasonably symmetrical exterior that, in the opinion of the consent authority, makes a landmark contribution to Kiama’s character. There must be double verandahs over the footpaths of both Terralong and Manning Streets that are at least 2 metres deep. All window and door openings and spacings between verandah posts must have greater height than width and be vertically aligned between floors as described in the Kiama Charrette Report,
(g) a basement storey for car parking is to be located below ground level with some unenclosed on-site parking at grade behind the location of the L-shaped building shown in the Kiama Charrette Report “indicative design”.
For the purpose of allowing development to be carried out in accordance with the above development requirements, State Environmental Planning Policy No 1—Development Standards applies to a maximum floorspace ratio set by clause 21 to the extent that compliance with that development standard would be unreasonable or unnecessary to achieve the setbacks shown for buildings on this site in the Kiama Charrette Report “indicative design”.
Land to the east of Manning Street, Kiama, as shown edged heavy black and with diagonal hatching on Sheet 6 of the map marked “Kiama Local Environmental Plan 1996 (Amendment No 60)”.
Development for the purpose of mixed uses, including shops, commercial premises and serviced apartments and residential apartments above the ground level storey, that meets the Kiama Town Centre Charrette Objectives (in so far as they relate to this master plan site) and the Design Brief for Church Lane, copies of which are available at the office of the Council.
The section titled Indicative Design for Church Lane and other provisions that relate to this master plan site in the report titled Kiama Town Centre Charrette 25–29th July 2002—A report on the Charrette Outcomes, copies of which are available at the office of the Council, comprise the initial master plan for this site.
The following requirements apply to master plan development on this site—
(a) the building may have a maximum building height of 4 storeys above ground level, subject to top floor terraces being provided to residential or serviced apartments facing streets for at least half those street frontages,
(b) the building must include shops and commercial premises, serviced apartments, visitor accommodation and home based businesses or church-related uses at the street level with residential or serviced apartments above,
(c) the architectural design of buildings must have regard to the heritage value of the streetscapes of the streets to which they have frontage. The building must have a traditional and reasonably symmetrical exterior that, in the opinion of the consent authority, makes a sympathetic contribution to Kiama’s visual character. There must be verandahs at least 2 metres deep at ground level. All window and door openings and spacings between verandah posts must have greater height than width and be vertically aligned between floors,
(d) On-site parking at grade is to be minimised and must be located behind buildings rather than in front of them. Below ground basement parking is to be provided for residential development.
For the purpose of allowing development to be carried out in accordance with the above development requirements, State Environmental Planning Policy No 1—Development Standards applies to a maximum floorspace ratio set by clause 21 to the extent that compliance with that development standard would be unreasonable or unnecessary to achieve the setbacks shown for buildings on this site in the Kiama Charrette Report “indicative design”.
Land fronting Coal, Jupiter and Morrow Streets, Gerringong, as shown edged heavy black and hatched on Sheet 7 of the map marked “Kiama Local Environmental Plan 1996 (Amendment No 60)”.
Development for the purpose of a residential flat building.
The instrument titled Mixed Residential Housing Precinct Boat Harbour Gerringong, prepared by PRM Architects + Town Planners and dated 25 November 2002, copies of which are available at the office of the Council, amended to the extent necessary to allow development on this site to comply with any inconsistent development requirements specified below, comprises the initial master plan for this site.
The following requirements apply to master plan development on this site—
(a) buildings are to be grouped in the locations shown in the instrument titled Mixed Residential Housing Precinct Boat Harbour Gerringong,
(b) the number of dwellings is not to exceed 49,
(c) building height is not to exceed—
(i) 3 storeys where the lowest storey is identified in the initial master plan as providing basement underground car parking, and
(ii) 2 storeys plus loft room in a building identified for the purpose in the initial master plan and situated on another part of the site, and
(iii) 2 storeys elsewhere on the site,
(d) the existing 3 mature fig trees on the site must be retained and buildings designed in a manner that will not interfere with these trees including their root systems,
(e) a new public street (identified in the initial master plan as “Harbour Link Road”) having an overall road reserve width of 8 metres must be provided through the site, in the same or approximately the same location as shown in the initial master plan,
(f) part of the site must be dedicated to the Council for public road widening purposes in Morrow Street to provide a variable width street enabling two-way vehicular movement, car parking and a pedestrian footpath,
(g) all requirements of this plan and of development control plans that apply to development for the purpose of multiple dwelling housing in Zone No 2 (a), except to the extent, if any, those requirements—
(i) are inconsistent with any other of the development requirements included in this item, or
(ii) would prevent master plan development for this site from being carried out.
Lot 5, DP 628003, Belvedere Street, Kiama (which also has frontage to Garden Avenue), as shown edged heavy black and with diagonal hatching on Sheet 8 of the map marked “Kiama Local Environmental Plan 1996 (Amendment No 60)”.
Development for the purpose of residential flat buildings comprised of groups of buildings.
The instrument titled Garden Avenue Housing, prepared by BHI Architects and dated September 2003, copies of which are available at the office of the Council, amended to the extent necessary to allow development on this site to comply with any inconsistent development requirements specified below, comprises the initial master plan for this site.
The following requirements apply to master plan development on this site—
(a) buildings are to be grouped in the locations shown in the instrument titled Garden Avenue Housing,
(b) the number of dwellings is not to exceed 40, and the single detached lot shown on the master plan drawings that is accessed from Garden Avenue is taken to be required to be used for public purposes, including a public pedestrian access linking to the unformed Thomson Street road reserve and then to the adjacent Stead Reserve,
(c) building height is not to exceed 2 storeys,
(d) all requirements of this plan and of development control plans that apply to development for the purpose of multiple dwelling housing in Zone No 2 (a), except to the extent, if any, that those requirements—
(i) are inconsistent with any other of the development requirements included in this item, or
(ii) would prevent master plan development for this site from being carried out,
(e) the consent authority is satisfied that the design of the turning head in Garden Avenue south will ensure minimum adverse impact on the creek corridor,
(f) at least 2 of the dwellings resulting from carrying out the development are designed with a floor plan suited to the needs of seniors or people with a disability,
(g) the consent authority is satisfied that environmental restoration and management of the creek corridor will be adequate, and that limited public access will be provided, as referred to in the Garden Avenue Development Strategy Report, copies of which are available from the office of the Council.
Lots 4 and 6, DP 541889, Belinda Street, Gerringong, as shown edged heavy black on the map marked “Kiama Local Environmental Plan 1996 (Amendment No 40)”.
Residential development, including subdivision and development for the purpose of housing, and development for the purpose of a public recreation reserve.
The instrument titled Gerringong Headland Master Plan—Option
1 (2003) prepared by Hill Thalis Architecture + Urban Projects Pty Ltd for Noble Bros Pty Ltd and Kiama Municipal Council, copies of which are available at the office of the Council, comprises the initial master plan for this site (
The following requirements apply to development on the Gerringong Headland master plan site—
(a) residential subdivision and housing must be carried out in a manner generally consistent with the subdivision plan shown in Parts 4 and 6 of the Adopted Master Plan,
(b) the number of lots created by subdivision must not exceed 28 residential lots,
(c) land identified as “Extended Foreshore Reserve” in figure 4.2 (i) of the Adopted Master Plan must be dedicated as public reserve on the registration of a plan of subdivision of any part of the Gerringong Headland master plan site with Land and Property Information NSW.
(d) new streets must be constructed in the general location as shown in the Adopted Master Plan and must meet the objectives, general specifications, controls and public domain strategy as indicated in Part 5 (Public domain) of the Adopted Master Plan,
(e) buildings must be constructed in the general locations as shown in the Adopted Master Plan and must, to the satisfaction of the Council, meet the objectives, general specifications, controls and private domain strategy as indicated in Part 6 (Private domain) of the Adopted Master Plan,
(f) the design of buildings, including their vehicular access, must have regard to, and generally conform to, the design principles indicated in Part 7 (Illustrative housing types) of the Adopted Master Plan,
(g) development for the purpose of co-ordinated housing may be carried out on the site instead of development in stages involving a subdivision creating separate lots and the subsequent erection of a dwelling on each of those lots, but only if the co-ordinated housing is consistent with the urban design principles contained in the Adopted Master Plan and, in particular, with the objectives and controls specified in Part 6 (Private domain) and Part 7 (Illustrative housing types) of the Adopted Master Plan, including the subdivision plan indicated in figure 6.2 (i).
In carrying out co-ordinated housing instead of such development in stages, there must be variation in the design of dwellings on each lot to prevent an homogenous style of housing and to provide (to the satisfaction of the Council) architectural interest, variety and an individuality in housing design and appearance as viewed from the public domain.
Co-ordinated housing in accordance with the requirements in this paragraph may be implemented over the whole or part of the site.
For the purposes of this paragraph,
co-ordinated housing means development carried out as a combined subdivision and housing package,(h) The following development is prohibited—
(i) residential subdivision or the erection of dwellings otherwise than in accordance with the Adopted Master Plan or an amended master plan adopted under the provisions of this plan,
(ii) the consolidation or use of individual lots approved in a residential subdivision into larger lots (“super lots”) to enable development for the purposes of “integrated housing development”, “units for aged persons”, “villa homes and courtyard houses” or any other multiple-dwelling form of housing development defined under this plan or otherwise permissible under State Environmental Planning Policy—Seniors Living 2004,
(iii) the creation of additional lots by the re-subdivision of residential lots created in accordance with the Adopted Master Plan,
(iv) the erection of a dwelling-house on two or more lots or the consolidation of two or more lots into a single lot,
(v) the carrying out of dual occupancy development.
Kiama Local Environmental Plan 1996 published in Gazette No 87 of 19.7.1996, p 4172 and amended in Gazettes No 89 of 26.7.1996, p 4423, No 102 of 6.9.1996, p 6231, No 104 of 13.9.1996, p 6372, No 117 of 18.10.1996, p 7035, No 137 of 29.11.1996, p 7779, No 150 of 20.12.1996, p 8661, No 22 of 28.2.1997, p 1303, No 43 of 24.4.1997, p 2319, No 51 of 9.5.1997, p 2681, No 73 of 4.7.1997, p 5337, No 81 of 18.7.1997, p 5638, No 86 of 1.8.1997, p 6049, No. 159 of 24.12.1997, p 10384, No 25 of 13.2.1998, p 728, No 81 of 22.5.1998, p 3651, No 135 of 18.9.1998, p 7610, No 155 of 30.10.1998, pp 8598, 8600, No 165 of 27.11.1998, p 9068, No 37 of 26.3.1999, p 2508, No 61 of 21.5.1999, p 3522, No 86 of 30.7.1999, p 5404 and No 111 of 24.9.1999, p 9171 and as follows—
Kiama Local Environmental Plan 1996 (Amendment No 14) (GG No 22 of 11.2.2000, p 886)
Kiama Local Environmental Plan 1996 (Amendment No 35)—Exempt and Complying Development (GG No 22 of 11.2.2000, p 888)
Kiama Local Environmental Plan 1996 (Amendment No 37) (GG No 101 of 4.8.2000, p 7357)
Kiama Local Environmental Plan 1996 (Amendment No 31) (GG No 141 of 27.10.2000, p 11460)
Kiama Local Environmental Plan 1996 (Amendment No 41) (GG No 159 of 8.12.2000, p 12915)
Kiama Local Environmental Plan 1996 (Amendment No 27)—Acid Sulfate Soils (GG No 39 of 16.2.2001, p 742 (see also GG No 41 of 23.2.2001, p 1024))
Kiama Local Environmental Plan 1996 (Amendment No 42) (GG No 86 of 18.5.2001, p 2673)
Kiama Local Environmental Plan 1996 (Amendment No 45) (GG No 95 of 8.6.2001, p 3563)
Kiama Local Environmental Plan 1996 (Amendment No 44) (GG No 108 of 6.7.2001, p 5282)
Kiama Local Environmental Plan 1996 (Amendment No 48) (GG No 108 of 6.7.2001, p 5286)
Kiama Local Environmental Plan 1996 (Amendment No 25) (GG No 120 of 3.8.2001, p 5814)
Kiama Local Environmental Plan 1996 (Amendment No 46) (GG No 122 of 10.8.2001, p 5977)
Kiama Local Environmental Plan 1996 (Amendment No 43) (GG No 196 of 21.12.2001, p 10715)
Kiama Local Environmental Plan 1996 (Amendment No 54) (GG No 98 of 14.6.2002, p 4365)
Kiama Local Environmental Plan 1996 (Amendment No 52) (GG No 126 of 15.8.2003, p 7947)
Kiama Local Environmental Plan 1996 (Amendment No 22) (GG No 134 of 13.8.2004, p 6522)
Kiama Local Environmental Plan 1996 (Amendment No 58) (GG No 166 of 22.10.2004, p 8143)
Kiama Local Environmental Plan 1996 (Amendment No 60) (GG No 3 of 7.1.2005, p 10)
No 64 | Statute Law (Miscellaneous Provisions) Act 2005. Assented to 1.7.2005. Date of commencement of Sch 2.28, assent, sec 2 (2). | |
(57) | Kiama Local Environmental Plan 1996 (Amendment No 40). GG No 23 of 17.2.2006, p 860. Date of commencement, on gazettal. | |
(683) | Kiama Local Environmental Plan 1996 (Amendment No 62). GG No 146 of 24.11.2006, p 9993. Date of commencement, on gazettal. | |
(641) | State Environmental Planning Policy (Infrastructure) 2007. GG No 185 of 21.12.2007, p 10003. Date of commencement, 1.1.2008, cl 3. | |
(128) | State Environmental Planning Policy (Rural Lands) 2008. GG No 50 of 9.5.2008, p 3734. Date of commencement, on gazettal. | |
(571) | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008. GG No 157 of 12.12.2008, p 11946. Date of commencement, 15.12.2008, cl 3. | |
(637) | Kiama Local Environmental Plan 1996 (Amendment No 61). GG No 158 of 19.12.2008, p 12767. Date of commencement, on gazettal. | |
(21) | Kiama Local Environmental Plan 1996 (Amendment No 64). LW 22.1.2010. Date of commencement, on publication on LW, cl 2. | |
(460) | Kiama Local Environmental Plan 1996 (Amendment No 65). LW 20.8.2010. Date of commencement, on publication on LW, cl 2. | |
(287) | Kiama Local Environmental Plan 1996 (Amendment No 66). LW 17.6.2011. Date of commencement, on 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. | |
(724) | State Environmental Planning Policy Amendment (Arts and Cultural Activity) 2020. LW 11.12.2020. Date of commencement, 11.12.2020, cl 2 and 2020 (713) LW 11.12.2020. | |
(716) | State Environmental Planning Policy Amendment (Miscellaneous) 2021. LW 26.11.2021. Date of commencement, on publication on LW, sec 2. | |
(72) | State Environmental Planning Policy Amendment (Miscellaneous) 2022. LW 4.3.2022. Date of commencement, on publication on LW, sec 2. |
Cl 2 | Am 24.4.1997; 9.5.1997; 26.3.1999; 13.8.2004. |
Cl 3 | Rep 2016 (310), Sch 4.12. |
Cl 4 | Am 27.11.1998; 2020 (724), Sch 1.6. |
Cl 5 | Am 24.12.1997. |
Cl 6 | Am 26.7.1996; 24.4.1997; 9.5.1997; 1.8.1997; 24.12.1997; 22.5.1998; 18.9.1998; 27.11.1998; 26.3.1999; 21.5.1999; 27.10.2000; 8.12.2000; 16.2.2001 (see also 23.2.2001); 8.6.2001; 6.7.2001; 3.8.2001; 15.8.2003; 13.8.2004; 22.10.2004; 7.1.2005; 2006 (57), Sch 1 [1]; 2008 (128), Sch 1.40 [1]; 2008 (637), Sch 1 [1]; 2010 (21), cl 5; 2010 (460), cl 4; 2011 (287), Sch 1 [1]. |
Cl 8 | Subst 2008 (637), Sch 1 [2]. |
Cl 9, Table | Am 13.9.1996; 28.2.1997; 24.12.1997; 11.2.2000. |
Cl 10 | Am 24.12.1997; 7.1.2005; 2008 (128), Sch 1.40 [2]–[4]. |
Cl 11 | Am 24.12.1997; 2008 (128), Sch 1.40 [5] [6]. |
Cl 11A | Ins 2008 (128), Sch 1.40 [7]. |
Cl 14 | Subst 24.12.1997. |
Cl 15 | Am 24.12.1997. |
Cl 20A | Ins 26.3.1999. Am 2022 (72), Sch 1.22[1]. |
Cl 20B | Ins 13.8.2004. |
Cl 20C | Ins 2008 (637), Sch 1 [3]. |
Cl 23A | Ins 14.6.2002. |
Cll 23B, 23C | Ins 2008 (637), Sch 1 [4]. |
Cl 25A | Ins 15.8.2003. |
Cl 30 | Am 24.12.1997; 7.1.2005; 2008 (128), Sch 1.40 [8]. |
Cl 31 | Am 24.12.1997; 2008 (128), Sch 1.40 [9]–[11]. |
Cll 34, 37, 38 | Am 24.12.1997. |
Cl 46 | Am 2008 (571), Sch 3.96 [1] [2]. |
Part 9A | Ins 7.1.2005. |
Cl 47AA | Ins 7.1.2005. |
Cl 47AB | Ins 7.1.2005. |
Cl 47AC | Ins 7.1.2005. Am 2021 (716), Sch 1.10[1]–[4]. |
Cl 47A | Ins 11.2.2000. |
Cl 48 | Subst 27.10.2000. |
Cl 49 | Am 24.12.1997. |
Cl 50 | Subst 1.8.1997. |
Cl 52 | Am 27.10.2000. |
Cl 53 | Subst 3.8.2001. |
Cl 53A | Ins 30.10.1998. |
Cl 54 | Am 2007 (641), Sch 5.19 [1] [2]; 2022 (72), Sch 1.22[2] [3]. |
Cl 56 | Am 1.8.1997; 24.12.1997. |
Cl 57 | Am 24.12.1997. |
Cl 58A | Ins 27.11.1998. |
Cl 59 | Am 24.12.1997. |
Cl 63A | Ins 4.8.2000. |
Cl 64A | Ins 27.10.2000. |
Cl 66 | Ins 16.2.2001 (see also 23.2.2001). Am 2008 (571), Sch 3.96 [3]. |
Cl 67 | Ins 2020 (724), Sch 3. |
Sch 2 | Am 18.10.1996; 18.7.1997; 24.12.1997. |
Sch 3 | Am 21.5.1999; 22.10.2004. |
Sch 4 | Am 6.9.1996; 18.10.1996; 29.11.1996; 20.12.1996; 4.7.1997; 1.8.1997; 24.12.1997; 13.2.1998; 30.10.1998; 30.7.1999; 24.9.1999; 11.2.2000; 27.10.2000; 18.5.2001; 6.7.2001; 10.8.2001; 21.12.2001; 7.1.2005; 2006 (683), Sch 1; 2011 (287), Sch 1 [2]. |
Sch 5 | Ins 7.1.2005. Am 2005 No 64, Sch 2.28; 2006 (57), Sch 1 [2]. |
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