Leeton Local Environmental Plan 2014 (NSW)

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Part 1Preliminary1.1Name of Plan

This Plan is Leeton Local Environmental Plan 2014.

1.1AACommencement

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

1.2Aims of Plan(1)

This Plan aims to make local environmental planning provisions for land in Leeton in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.

(2)

The particular aims of this Plan are as follows—

  • (aa)

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

  • (a)

    to encourage sustainable economic growth and development,

  • (b)

    to preserve rural land for all forms of primary production,

  • (c)

    to identify, protect, conserve and enhance Leeton’s natural assets,

  • (d)

    to identify and protect Leeton’s built and cultural heritage assets for future generations,

  • (e)

    to allow for the equitable provision of social services and facilities for the community,

  • (f)

    to provide housing choices for the community,

  • (g)

    to minimise land use conflicts and adverse environmental impacts,

  • (h)

    to promote ecologically sustainable development.

1.3Land to which Plan applies

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

1.4Definitions

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

1.5Notes

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

1.6Consent authority

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

1.7Maps(1)

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

  • (a)

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

  • (b)

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

(1AA)

(Repealed)

(2)

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

(3)

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

(4)

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

Note.

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

1.8Repeal of planning instruments applying to land(1)

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

Note.

The following local environmental plans are repealed under this provision—

  • Leeton Local Environmental Plan No 4

  • Leeton Local Environmental Plan No 35

(2)

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

1.8ASavings provision relating to development applications

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

Note.

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

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

1.9Application of SEPPs(1)

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

(2)

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

1.9ASuspension of covenants, agreements and instruments(1)

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

(2)

This clause does not apply—

  • (a)

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

  • (b)

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

  • (c)

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

  • (d)

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

  • (e)

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

  • (f)

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

  • (g)

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

(3)

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

(4)

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

cl 1.9A: Am 2019 (621), Sch 5[2]–[4].

Part 2Permitted or prohibited development2.1Land use zones

The land use zones under this Plan are as follows—

  • Rural Zones

    RU1 Primary Production

    RU5 Village

  • Residential Zones

    R1 General Residential

    R2 Low Density Residential

    R3 Medium Density Residential

    R5 Large Lot Residential

  • Employment Zones

    E1 Local Centre

    E2 Commercial Centre

    E3 Productivity Support

    E4 General Industrial

  • Special Purpose Zones

    SP1 Special Activities

    SP2 Infrastructure

  • Recreation Zones

    RE1 Public Recreation

    RE2 Private Recreation

  • Conservation Zones

    C1 National Parks and Nature Reserves

    C2 Environmental Conservation

    C4 Environmental Living

cl 2.1: Am 2022 (829), Sch 1.12[1].

2.2Zoning of land to which Plan applies

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

2.3Zone objectives and Land Use Table(1)

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

  • (a)

    the objectives for development, and

  • (b)

    development that may be carried out without development consent, and

  • (c)

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

  • (d)

    development that is prohibited.

(2)

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

(3)

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

  • (a)

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

  • (b)

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

(4)

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

Notes.

Schedule 1 sets out additional permitted uses for particular land.

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

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

Clause 2.6 requires consent for subdivision of land.

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

2.4Unzoned land(1)

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

(2)

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

  • (a)

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

  • (b)

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

2.5Additional permitted uses for particular land(1)

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

  • (a)

    with development consent, or

  • (b)

    if the Schedule so provides—without development consent,

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

(2)

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

2.6Subdivision—consent requirements(1)

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

Notes.

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

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

(2)

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

Note.

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

2.7Demolition requires development consent

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

Note.

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

2.8Temporary use of land(1)

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

(2)

Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 75 days (whether or not consecutive days) in any period of 12 months.

(3)

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

  • (a)

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

  • (b)

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

  • (c)

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

  • (d)

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

(4)

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

(5)

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

2.9Canal estate development prohibited(1)

Canal estate development is prohibited on land to which this Plan applies.

(2)

In this Plan, canal estate development means development that involves—

  • (a)

    a constructed canal, or other waterway or waterbody, that—

    • (i)

      is inundated by surface water or groundwater movement, or

    • (ii)

      drains to a waterway or waterbody by surface water or groundwater movement, and

  • (b)

    the erection of a dwelling, and

  • (c)

    one or both of the following—

    • (i)

      the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,

    • (ii)

      excavation to create a waterway.

(3)

Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—

  • (a)

    carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and

  • (b)

    limited to the minimum reasonable size and capacity.

(4)

In this clause—

flood planning area has the same meaning as in clause 5.21.

Land Use TableNote—

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

  • State Environmental Planning Policy (Housing) 2021

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

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

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

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

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

Land Use tbl: Am 2015 (439), Sch 1 [1] [2]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 (168), cl 4 (1) (2); 2022 (314), Sch 1; 2022 (829), Sch 1.12[2]; 2023 (458), Sch 2.51; 2023 (502), Sch 1.

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

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

  • To minimise the fragmentation and alienation of resource lands.

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

  • To provide opportunities for intensive and extensive agriculture in appropriate locations consistent with the environmental capability of the land and access to irrigation water.

  • To allow the development of processing, service and value-adding industries related to agriculture and primary industry production.

  • To protect and enhance the water quality of receiving watercourses and groundwater systems so as to reduce land degradation.

2Permitted without consent

Environmental protection works; Extensive agriculture; Home occupations; Horticulture; Roads; Viticulture; Water reticulation systems

3Permitted with consent

Agritourism; Air transport facilities; Airstrips; Animal boarding or training establishments; Aquaculture; Backpackers’ accommodation; Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cellar door premises, Cemeteries, Charter and tourism boating facilities, Community facilities; Crematoria; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Freight transport facilities; Garden centres; Hazardous industries; Heavy industrial storage establishments; Helipads; Home-based child care; Home businesses; Home industries; Home occupations (sex services); Intensive livestock agriculture; Intensive plant agriculture; Landscaping material supplies; Open cut mining; Plant nurseries; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Roadside stalls; Rural industries; Rural workers’ dwellings; Sewerage systems; Signage; Veterinary hospitals; Water recreation structures; Water supply systems

4Prohibited

Any development not specified in item 2 or 3

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

  • To define the village boundaries of Murrami, Wamoon, and Whitton.

  • To protect and conserve the rural atmosphere of village areas.

  • To ensure that development in village areas is compatible with the environmental capability of the land, particularly in terms of the capacity of that land to accommodate on-site effluent disposal.

2Permitted without consent

Bee keeping; Environmental protection works; Home occupations; Horticulture; Roads; Viticulture; Water reticulation systems

3Permitted with consent

Centre-based child care facilities; Community facilities; Dwelling houses; Light industries; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Schools; Tank-based aquaculture; Any other development not specified in item 2 or 4

4Prohibited

Agriculture; Air transport facilities; Airstrip; Boat launching ramps; Boat sheds; Charter and tourism boating facilities; Correctional centres; Crematoriums; Electricity generating works; Extractive industries; Forestry; Funeral homes; Heavy industrial storage establishments; Helipads; Highway service centres; Industries; Jetties; Marinas; Mining; Mooring pens; Moorings; Port facilities; Recreation facilities (major); Resource recovery facilities; Restricted premises; Rural industries; Rural workers’ dwellings; Sex service premises; Underground mining; Waste disposal facilities; Water recreation structures; Wharf or boating facilities

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

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

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

  • To facilitate development of social and community infrastructure to meet the needs of future residents.

  • To enable sensitive infill development of other housing types.

  • To allow people to carry out a reasonable range of activities from their homes, where such activities do not adversely affect the living environment of neighbours.

  • To minimise the impact of non-residential uses and ensure they are in character and compatible with surrounding development.

2Permitted without consent

Environmental protection works; Home-based child care; Home occupations; Roads; Water reticulation systems

3Permitted with consent

Attached dwellings; Boarding houses; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Community facilities; Dwelling houses; Educational establishments; Emergency services facilities; Environmental facilities; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Home businesses; Home industries; Hostels; Information and education facilities; Kiosks; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Places of public worship; Pond-based aquaculture; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential accommodation; Residential flat buildings; Respite day care centres; Semi-detached dwellings; Seniors housing; Shop top housing; Signage; Tank-based aquaculture; Tourist and visitor accommodation; Waste or resource transfer stations; Water supply systems

4Prohibited

Advertising structures; Farm stay accommodation; Hotel or motel accommodation; Rural workers’ dwellings; Water treatment facilities; Any other development not specified in item 2 or 3

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

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

  • To ensure that a high level of residential amenity is achieved and maintained.

2Permitted without consent

Agriculture; Environmental protection works; Home occupations; Roads; Water reticulation systems

3Permitted with consent

Building identification signs; Business identification signs; Car parks; Caravan parks; Cemeteries; Centre-based child care facilities; Community facilities; Dwelling houses; Eco-tourist facilities; Educational establishments; Emergency services facilities; Environmental facilities; Exhibition homes; Exhibition villages; Flood mitigation works; Function centres; Group homes; Health services facilities; Home-based child care; Home businesses; Home industries; Home occupations (sex services); Information and education facilities; Intensive plant agriculture; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Places of public worship; Pond-based aquaculture; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Residential accommodation; Respite day care centres; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals; Water recycling facilities; Water supply systems

4Prohibited

Bee keeping; Dairies (pasture-based); Intensive livestock agriculture; Multi dwelling housing; Residential flat buildings; Rural workers’ dwellings; Serviced apartments; Turf farming; Any other development not specified in item 2 or 3

Zone R3Medium Density Residential1Objectives of zone
  • To provide for the housing needs of the community within a medium density residential environment.

  • To provide a variety of housing types within a medium density residential environment.

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

  • To ensure that a high level of residential amenity is achieved and maintained.

  • To enable and enhance a high level of streetscape and urban design in the area.

2Permitted without consent

Home occupations; Roads

3Permitted with consent

Attached dwellings; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Group homes; Home industries; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Respite day care centres; Seniors housing; Sewage reticulation systems; Tank-based aquaculture; Water storage facilities; Any other development not specified in items 2 and 3

4Prohibited

Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Emergency services facilities; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Industrial retail outlets; Industrial training facilities; Industries; Jetties; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Registered clubs; Research stations; Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sewerage systems; Sex services premises; Signage; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies

Zone R5Large Lot Residential1Objectives of zone
  • To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.

  • To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.

  • To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

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

  • To facilitate and promote an increased range of residential opportunities by providing for low intensity residential development compatible with the characteristics of the locality.

2Permitted without consent

Environmental protection works; Home occupations; Roads; Water reticulation systems

3Permitted with consent

Animal boarding or training establishments; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Centre-based child care facilities; Community facilities; Dairies (pasture- based); Dual occupancies (detached); Dwelling houses; Eco-tourist facilities; Emergency services facilities; Environmental facilities; Farm buildings; Flood mitigation works; Home-based child care; Home businesses; Home industries; Information and education facilities; Kiosks; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Places of public worship; Pond-based aquaculture; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Roadside stalls; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle sales or hire premises; Veterinary hospitals; Waste or resource transfer stations; Water recycling facilities; Water supply systems

4Prohibited

Hotel or motel accommodation; Serviced apartments; Any other development not specified in item 2 or 4

Zone E1Local Centre1Objectives of zone
  • To provide a range of retail, business and community uses that serve the needs of people who live in, work in or visit the area.

  • To encourage investment in local commercial development that generates employment opportunities and economic growth.

  • To enable residential development that contributes to a vibrant and active local centre and is consistent with the Council’s strategic planning for residential development in the area.

  • To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.

  • To consolidate business development in the town centres and avoid unnecessary or inappropriate expansion of business land uses into surrounding residential neighbourhoods.

2Permitted without consent

Environmental protection works; Home occupations; Roads; Water reticulation systems

3Permitted with consent

Amusement centres; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Home industries; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation facilities (indoor); Respite day care centres; Secondary dwellings; Service stations; Shop top housing; Tank-based aquaculture; Veterinary hospitals; Any other development not specified in item 2 or 4

4Prohibited

Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home-based child care; Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Sewage treatment plants; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water treatment facilities; Wharf or boating facilities

Zone E2Commercial Centre1Objectives of zone
  • To strengthen the role of the commercial centre as the centre of business, retail, community and cultural activity.

  • To encourage investment in commercial development that generates employment opportunities and economic growth.

  • To encourage development that has a high level of accessibility and amenity, particularly for pedestrians.

  • To enable residential development only if it is consistent with the Council’s strategic planning for residential development in the area.

  • To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.

2Permitted without consent

Home occupations; Roads

3Permitted with consent

Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Centre-based child care facilities; Commercial premises; Community facilities; Dwelling houses; Entertainment facilities; Function centres; Hostels; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Mortuaries; Multi dwelling housing; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Vehicle repair stations; Veterinary hospitals; Any other development not specified in item 2 or 4

4Prohibited

Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Bed and breakfast accommodation; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Sewage treatment plants; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water treatment facilities; Wharf or boating facilities; Wholesale supplies

Zone E3Productivity Support1Objectives of zone
  • To provide a range of facilities and services, light industries, warehouses and offices.

  • To provide for land uses that are compatible with, but do not compete with, land uses in surrounding local and commercial centres.

  • To maintain the economic viability of local and commercial centres by limiting certain retail and commercial activity.

  • To provide for land uses that meet the needs of the community, businesses and industries but that are not suited to locations in other employment zones.

  • To provide opportunities for new and emerging light industries.

  • To enable other land uses that provide facilities and services to meet the day to day needs of workers, to sell goods of a large size, weight or quantity or to sell goods manufactured on-site.

  • To encourage appropriate employment opportunities in accessible locations.

2Permitted without consent

Environmental protection works; Roads; Water reticulation systems

3Permitted with consent

Animal boarding or training establishments; Boat building and repair facilities; Business premises; Centre-based child care facilities; Community facilities; Depots; Function centres; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Landscaping material supplies; Light industries; Local distribution premises; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Rural supplies; Service stations; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Wholesale supplies; Any other development not specified in item 2 or 4

4Prohibited

Agriculture; Air transport facilities; Airstrips; Amusement centres; Biosolids treatment facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Food and drink premises; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Home businesses; Home occupations; Home occupations (sex services); Home-based child care; Industries; Jetties; Kiosks; Marinas; Mooring pens; Moorings; Open cut mining; Registered clubs; Residential accommodation; Resource recovery facilities; Roadside stalls; Rural industries; Sewage treatment plants; Shops; Tourist and visitor accommodation; Transport depots; Truck depots; Waste disposal facilities; Water recreation structures; Water treatment facilities; Wharf or boating facilities

Zone E4General Industrial1Objectives of zone
  • To provide a range of industrial, warehouse, logistics and related land uses.

  • To ensure the efficient and viable use of land for industrial uses.

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

  • To encourage employment opportunities.

  • To enable limited non-industrial land uses that provide facilities and services to meet the needs of businesses and workers.

  • To encourage the establishment of new industry on land that has good road access and can be economically serviced.

2Permitted without consent

Environmental protection works; Roads; Water reticulation systems

3Permitted with consent

Depots; Freight transport facilities; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Industrial retail outlets; Industrial training facilities; Kiosks; Landscaping material supplies; Light industries; Local distribution premises; Neighbourhood shops; Oyster aquaculture; Restaurants or cafes; Rural supplies; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4

4Prohibited

Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Community facilities; Correctional centres; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Function centres; Health services facilities; Highway service centres; Home businesses; Home occupations; Home occupations (sex services); Home-based child care; Jetties; Marinas; Mooring pens; Moorings; Passenger transport facilities; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Respite day care centres; Stock and sale yards; Tourist and visitor accommodation; Water recreation structures; Wharf or boating facilities

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

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

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

2Permitted without consent

Agriculture; Forestry; Water supply systems

3Permitted with consent

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

4Prohibited

Any development not specified in item 2 or 3

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

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

2Permitted without consent

Agriculture; Roads; Water supply systems

3Permitted with consent

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

4Prohibited

Any development not specified in item 2 or 3

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

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

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

  • To encourage the development of public open spaces in a way that addresses the community’s diverse recreation needs.

2Permitted without consent

Environmental protection works; Roads; Water reticulation systems

3Permitted with consent

Advertising structures; Aquaculture; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Entertainment facilities; Environmental facilities; Flood mitigation works; Food and drink premises; Function centres; Information and education facilities; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Water recreation structures; Water recycling facilities; Water supply systems

4Prohibited

Pubs; Take away food and drink premises; Water treatment facilities; Any other development not specified in item 2 or 3

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

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

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

  • To encourage the development of private open spaces in a way that addresses the community’s diverse recreation needs.

2Permitted without consent

Environmental facilities; Environmental protection works; Roads; Water reticulation systems

3Permitted with consent

Agriculture; Airstrips; Amusement centres; Aquaculture; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Eco-tourist facilities; Entertainment facilities; Flood mitigation works; Food and drink premises; Function centres; Helipads; Information and education facilities; Jetties; Kiosks; Markets; Passenger transport facilities; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Signage; Tourist and visitor accommodation; Water recreation structures; Water supply systems

4Prohibited

Backpackers’ accommodation; Bed and breakfast accommodation; Extensive agriculture; Farm stay accommodation; Intensive livestock agriculture; Pubs; Take away food and drink premises; Turf farming; Water treatment facilities; Any other development not specified in item 2 or 3

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

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

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

2Permitted without consent

Uses authorised under the National Parks and Wildlife Act 1974

3Permitted with consent

Nil

4Prohibited

Any development not specified in item 2 or 3

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

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

  • To limit development that is visually intrusive and ensure compatibility with the existing landscape character.

  • To allow agricultural activities required to maintain or improve the environmental and scenic quality of the existing landscape.

2Permitted without consent

Environmental protection works; Roads; Water reticulation systems

3Permitted with consent

Building identification signs; Environmental facilities; Flood mitigation works; Information and education facilities; Oyster aquaculture Recreation areas; Recreation facilities (outdoor); Sewerage systems; Water recreation structures; Water supply systems

4Prohibited

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

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

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

2Permitted without consent

Environmental protection works; Extensive agriculture; Home occupations; Intensive plant agriculture; Roads

3Permitted with consent

Building identification signs; Business identification signs; Dwelling houses; Eco-tourist facilities; Environmental facilities; Farm buildings; Home-based child care; Home businesses; Home industries; Kiosks; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Recreation facilities (outdoor); Residential accommodation; Sewerage systems; Tank-based aquaculture; Tourist and visitor accommodation; Water recreation structures; Water supply systems

4Prohibited

Attached dwellings; Backpackers’ accommodation; Biosolids treatment facilities; Boarding houses; Farm stay accommodation; Group homes; Hostels; Hotel or motel accommodation; Industries; Intensive livestock agriculture; Local distribution premises; Multi dwelling housing; Residential flat buildings; Rural workers’ dwellings; Semi-detached dwellings; Seniors housing; Service stations; Serviced apartments; Shop top housing; Turf farming; Warehouse or distribution centres; Any other development not specified in item 2 or 3

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

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

(2)

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

(3)

To be exempt development, the development—

  • (a)

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

  • (b)

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

  • (c)

    must not be designated development, and

  • (d)

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

(4)

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

  • (a)

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

  • (b)

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

(5)

To be exempt development, the development must—

  • (a)

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

  • (b)

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

Note—

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

(6)

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

3.2Complying development(1)

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

(2)

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

  • (a)

    the development standards specified in relation to that development, and

  • (b)

    the requirements of this Part,

is complying development.

Note.

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

(3)

To be complying development, the development must—

  • (a)

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

  • (b)

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

  • (c)

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

(4)

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

(5)

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

3.3Environmentally sensitive areas excluded(1)

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

(2)

For the purposes of this clause—

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

  • (a)

    the coastal waters of the State,

  • (b)

    a coastal lake,

  • (c)

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

  • (d)

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

  • (e)

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

  • (f)

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

  • (g)

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

  • (h)

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

  • (i)

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

  • (j)

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

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

The objectives of this clause are as follows—

  • (a)

    to identify minimum lot sizes appropriate for the locality,

  • (b)

    to ensure that the subdivision of land to create new lots is compatible with the character of the surrounding land and does not compromise existing development or amenity,

  • (c)

    to allow the subdivision of land and the erection of dwellings for intensive plant agriculture.

(2)

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

(3)

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

(3A)

Despite subclause (3), the size of any lot resulting from the subdivision of land within the area identified as “W” on the Lot Size Map is not to be less than 1,200 square metres, if the lot will be connected to the Council’s reticulated water supply and sewerage systems.

(3B)

Despite subclause (3), land within the area identified as “Z1” or “Z2” on the Lot Size Map may be subdivided to create a resulting lot of at least 4,000 square metres, if the consent authority is satisfied that each lot will be connected to the Council’s reticulated water supply system.

(4)

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

  • (a)

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

  • (b)

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

cl 4.1: Am 2015 (439), Sch 1 [3] [4].

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

The objectives of this clause are as follows—

  • (a)

    to ensure each lot has an adequate area for the on-site disposal of waste water,

  • (b)

    to maintain the minimum lot size in the zone.

(2)

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

  • (a)

    Zone RU1 Primary Production,

  • (b)

    Zone RU5 Village,

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

(3)

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

(4)

This clause applies despite clause 4.1.

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

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

(2)

Development consent may be granted to development on a lot in a zone shown in Column 2 of the table to this clause for a purpose shown in Column 1 of the table opposite that zone, if the area of the lot is equal to or greater than the area specified for that purpose and shown in Column 3 of the table.

Column 1

Column 2

Column 3

Dual occupancy (attached)

RU5

4,000 square metres

Dual occupancy (attached) where only reticulated water is available

RU5

8,000 square metres

Dual occupancy (attached)

R1, R3

750 square metres

Dual occupancy (attached)

R2

1,200 square metres

Dual occupancy (detached)

RU5

4,000 square metres

Dual occupancy (detached)

R1, R3

750 square metres

Dual occupancy (detached)

R2

1,200 square metres

Dual occupancy (detached)

R5

4 hectares

Multi dwelling housing

R1, R3

750 square metres

Residential flat building

R1, R3

750 square metres

4.1BExceptions to minimum subdivision lot sizes for certain residential development(1)

The objective of this clause is to encourage housing diversity without adversely impacting on residential amenity.

(2)

This clause applies to development on land in the following zones—

  • (a)

    Zone R1 General Residential,

  • (b)

    Zone R2 Low Density Residential,

  • (c)

    Zone R3 Medium Density Residential.

(3)

Development consent may be granted to a single development application for development to which this clause applies that is both of the following—

  • (a)

    the subdivision of land into 3 or more lots,

  • (b)

    the erection of a dwelling house, an attached dwelling or a semi-detached dwelling on each lot resulting from the subdivision, if the size of each lot is equal to or greater than 750 square metres.

4.2Rural subdivision(1)

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

(2)

This clause applies to the following rural zones—

  • (a)

    Zone RU1 Primary Production,

  • (b)

    Zone RU2 Rural Landscape,

  • (baa)

    Zone RU3 Forestry,

  • (c)

    Zone RU4 Primary Production Small Lots,

  • (d)

    Zone RU6 Transition.

Note.

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

(3)

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

(4)

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

(5)

A dwelling cannot be erected on such a lot.

Note.

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

4.2AMinimum subdivision lot size for strata plan schemes in certain rural and conservation zones(1)

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

(2)

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

  • (a)

    Zone RU1 Primary Production,

  • (b)

    Zone C4 Environmental Living.

(3)

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

Note.

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

cl 4.2A: Am 2022 (829), Sch 1.12[3] [4].

4.2BErection of dwelling houses or dual occupancies on land in certain rural and conservation zones(1)

The objectives of this clause are as follows—

  • (a)

    to minimise unplanned rural residential development,

  • (b)

    to enable the replacement of lawfully erected dwelling houses or dual occupancies in rural and conservation zones.

(2)

This clause applies to land in the following zones—

  • (a)

    Zone RU1 Primary Production,

  • (b)

    Zone C4 Environmental Living.

(3)

Development consent must not be granted for the erection of a dwelling house or a dual occupancy on land to which this clause applies unless the land—

  • (a)

    is a lot that is at least the minimum lot size shown on the Lot Size Map in relation to that land, or

  • (b)

    is a lot created under an environmental planning instrument before this Plan commenced and on which the erection of a dwelling house or dual occupancy was permissible immediately before that commencement, or

  • (c)

    is a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dwelling house or dual occupancy would have been permissible if the plan of subdivision had been registered before that commencement, or

  • (d)

    is an existing holding, or

  • (e)

    is a specified holding, or

  • (f)

    would have been a lot or a holding referred to in paragraph (a), (b), (c), (d) or (e) had it not been affected by—

    • (i)

      a minor realignment of its boundaries that did not create an additional lot, or

    • (ii)

      a subdivision creating or widening a public road or public reserve or for another public purpose, or

    • (iii)

      a consolidation with an adjoining public road or public reserve or for another public purpose.

Note.

A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.

(4)

Development consent must not be granted under subclause (3) unless—

  • (a)

    no dwelling house has been erected on the land, and

  • (b)

    if a development application has been made for development for the purpose of a dwelling house or dual occupancy on the land—the application has been refused or it was withdrawn before it was determined, and

  • (c)

    if development consent has been granted in relation to such an application—the consent has been surrendered or it has lapsed.

(5)

Development consent may be granted for the erection of a dwelling house or dual occupancy on land to which this clause applies if there is a lawfully erected dwelling house on the land and the dwelling house to be erected is intended only to replace the existing dwelling house.

(6)

In this clause—

existing holding means land that—

  • (a)

    was a holding on 18 October 1968, and

  • (b)

    is a holding at the time the application for development consent referred to in subclause (3) is lodged,

whether or not there has been a change in the ownership of the holding since 18 October 1968, and includes any other land adjoining that land acquired by the owner since 18 October 1968.

holding means all adjoining land, even if separated by a road or railway, held by the same person or persons.

specified holding means the area of a lot, portion or parcel of land identified as within the “MIA Irrigation Area” on the MIA Irrigation Area Map as it was on 9 January 1998 or where at that time a person owned two or more adjoining or adjacent lots, portions or parcels, the aggregation of the areas of those lots, portions or parcels.

Note.

The owner in whose ownership all the land is at the time the application is lodged need not be the same person as the owner in whose ownership all the land was on the stated date.

cl 4.2B: Am 2022 (829), Sch 1.12[3] [4].

4.2CErection of rural workers’ dwellings in Zone RU1(1)

The objective of this clause is to ensure the provision of adequate accommodation for employees of existing agricultural or rural industries.

(2)

Development consent must not be granted to the erection of a rural worker’s dwelling on land in Zone RU1 Primary Production, unless the consent authority is satisfied that—

  • (a)

    the development will be on the same lot as an existing lawfully erected dwelling house, and

  • (b)

    the development will not impair the use of the land for agriculture or rural industries, and

  • (c)

    the agriculture or rural industry being carried out on the land has a demonstrated economic capacity to support the ongoing employment of rural workers, and

  • (d)

    the development is necessary considering the nature of the agriculture or rural industry land use lawfully occurring on the land or as a result of the remote or isolated location of the land.

4.2DRural subdivision for intensive plant agriculture(1)

The objectives of this clause are as follows—

  • (a)

    to enable flexibility in the application of lot size standards for subdivision for the purpose of intensive plant agriculture, which is intended to include an associated dwelling,

  • (b)

    to apply controls on subdivision to avoid land being used for non-sustainable intensive plant agriculture.

(2)

This clause applies to land identified as “MIA Irrigation Area” on the MIA Irrigation Area Map.

(3)

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

(4)

However, such a lot cannot be created if an existing or new dwelling house would, as a result of the subdivision, be situated on the lot unless the consent authority is satisfied that—

  • (a)

    the lot has an area of not less than 20 hectares, and

  • (b)

    the lot is or is to be subject to irrigation requiring a water licence and the volume of, and entitlement to, water available under that licence is or will be adequate for the use of the land for the purpose of intensive plant agriculture, and

  • (c)

    the lot is being used for the purpose of intensive plant agriculture, and

  • (d)

    the dwelling house is required to support the carrying out of any such purpose.

(5)

Development consent may be granted for the erection of a dwelling house on a lot created by a subdivision under this clause or on an existing lot of any size that only contains land to which this clause applies if the consent authority is satisfied that—

  • (a)

    the lot complies with subclause (4) (a) and (b), and

  • (b)

    the lot is suitable for, and is being used for, the purpose of intensive plant agriculture, and

  • (c)

    the dwelling house is required to support the carrying out of that purpose.

4.2EExceptions to minimum lot sizes for certain rural subdivisions(1)

The objective of this clause is to enable the subdivision of land in Zone RU1 Primary Production to create lots of an appropriate size to meet the needs of current permissible uses other than for the purpose of dwelling houses or dual occupancies.

(2)

This clause applies to land in Zone RU1 Primary Production.

(3)

Land to which this clause applies may, with development consent, be subdivided to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land, if the consent authority is satisfied that the use of the land after the subdivision will be the same use (other than a dwelling house or a dual occupancy) permitted under the existing development consent for the land.

(4)

Development consent must not be granted for the subdivision of land to which this clause applies unless the consent authority is satisfied that—

  • (a)

    the subdivision will not adversely affect the use of the surrounding land for agriculture, and

  • (b)

    the subdivision is necessary for the ongoing operation of the permissible use, and

  • (c)

    the subdivision will not increase rural land use conflict in the locality, and

  • (d)

    the subdivision is appropriate having regard to the natural and physical constraints affecting the land.

cl 4.2E: Ins 2015 (439), Sch 1 [5].

4.3Height of buildings(1)

The objectives of this clause are as follows—

  • (a)

    to limit the height of buildings,

  • (b)

    to promote development that is compatible with the height of surrounding development and conforms to and reflects natural landforms by stepping development on sloping land to follow the natural gradient,

  • (c)

    to promote the retention and, if appropriate, sharing of existing views,

  • (d)

    to maintain solar access to new and existing dwellings and public places and to promote solar access to new buildings,

  • (e)

    to maintain privacy for residents of existing dwellings and promote privacy for residents of new buildings.

(2)

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

4.4Floor space ratio(1)

The objectives of this clause are as follows—

  • (a)

    to identify maximum floor space ratios in those areas identified on the Floor Space Ratio Map,

  • (b)

    to facilitate a variety of housing types,

  • (c)

    to ensure that the density, bulk and scale of development integrates with the streetscape and character of the locality,

  • (d)

    to ensure that development is compatible with the existing and desired built form and character of the locality,

  • (e)

    to provide a high level of amenity for residential areas and ensure adequate provision for vehicle and pedestrian access, private open space and landscaping.

(2)

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

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

The objectives of this clause are as follows—

  • (a)

    to define floor space ratio,

  • (b)

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

    • (i)

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

    • (ii)

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

    • (iii)

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

(2)

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

(3)

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

  • (a)

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

  • (b)

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

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

(4)

The following land must be excluded from the site area—

  • (a)

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

  • (b)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

(10)

If—

  • (a)

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

  • (b)

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

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

(11)

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

4.6Exceptions to development standards(1)

The objectives of this clause are as follows—

  • (a)

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

  • (b)

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

(2)

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

(3)

Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant has demonstrated that—

  • (a)

    compliance with the development standard is unreasonable or unnecessary in the circumstances, and

  • (b)

    there are sufficient environmental planning grounds to justify the contravention of the development standard.

Note—

The Environmental Planning and Assessment Regulation 2021 requires a development application for development that proposes to contravene a development standard to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).

(4)

The consent authority must keep a record of its assessment carried out under subclause (3).

(5)

(Repealed)

(6)

Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living if—

  • (a)

    the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or

  • (b)

    the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.

Note.

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

(7)

(Repealed)

(8)

This clause does not allow development consent to be granted for development that would contravene any of the following—

  • (a)

    a development standard for complying development,

  • (b)

    a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,

  • (c)

    clause 5.4,

  • (caa)

    clause 5.5,

  • (ca)

    clause 6.7 or 6.12.

Part 5Miscellaneous provisions5.1Relevant acquisition authority(1)

The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).

Note.

If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.

(2)

The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).

Type of land shown on Map

Authority of the State

Zone RE1 Public Recreation and marked “Local open space”

Council

Zone RE1 Public Recreation and marked “Regional open space”

The corporation constituted under section 2.5 of the Act

Zone SP2 Infrastructure and marked “Classified road”

Transport for NSW

Zone C1 National Parks and Nature Reserves and marked “National Park”

Minister administering the National Parks and Wildlife Act 1974

(3)

Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.

Note.

If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning is required to take action to enable the designation of the acquiring authority under this clause. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991).

5.2Classification and reclassification of public land(1)

The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.

Note.

Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads and certain Crown land). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.

(2)

The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

(3)

The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.

(4)

The public land described in Part 1 of Schedule 4—

  • (a)

    does not cease to be a public reserve to the extent (if any) that it is a public reserve, and

  • (b)

    continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.

(5)

The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except—

  • (a)

    those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and

  • (b)

    any reservations that except land out of the Crown grant relating to the land, and

  • (c)

    reservations of minerals (within the meaning of the Crown Land Management Act 2016).

Note.

In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.

5.3Development near zone boundaries(1)

The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.

(2)

This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 20 metres.

(3)

This clause does not apply to—

  • (a)

    land in Zone RE1 Public Recreation, Zone C1 National Parks and Nature Reserves, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone W1 Natural Waterways, or

  • (b)

    land within the coastal zone, or

  • (c)

    land proposed to be developed for the purpose of sex services or restricted premises.

Note.

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

(4)

Despite the provisions of this Plan relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—

  • (a)

    the development is not inconsistent with the objectives for development in both zones, and

  • (b)

    the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.

(5)

This clause does not prescribe a development standard that may be varied under this Plan.

5.4Controls relating to miscellaneous permissible uses(1)

If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.

Note.

Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.

(2)

If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 75 square metres of floor area.

(3)

If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 100 square metres of floor area.

(4)

If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed—

  • (a)

    60% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or

  • (b)

    400 square metres,

whichever is the lesser.

(5)

If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms in buildings.

(6)

If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 50 square metres.

(7)

If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 200 square metres.

(7AA)

If development for the purposes of a neighbourhood supermarket is permitted under this Plan, the gross floor area must not exceed 1,000 square metres.

(8)

If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 20 square metres.

(9)

If development for the purposes of a secondary dwelling is permitted under this Plan on land other than land in a rural zone, the total floor area of the dwelling, excluding any area used for parking, must not exceed whichever of the following is the greater—

  • (a)

    60 square metres,

  • (b)

    100% of the total floor area of the principal dwelling.

(10)

If development for the purposes of an artisan food and drink industry is permitted under this Plan in Zone E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial, Zone W4 Working Waterfront or a rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed—

  • (a)

    60% of the gross floor area of the industry, or

  • (b)

    400 square metres,

whichever is the lesser.

cl 5.4: Am 2018 (406), Sch 1.81 [1] [2].

5.5Controls relating to secondary dwellings on land in a rural zone

[Not adopted]

5.6Architectural roof features(1)

The objectives of this clause are as follows—

  • (a)

    to maintain the heritage character of the locality,

  • (b)

    to enhance the streetscape of the locality.

(2)

Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 4.3 may be carried out, but only with development consent.

(3)

Development consent must not be granted to any such development unless the consent authority is satisfied that—

  • (a)

    the architectural roof feature—

    • (i)

      comprises a decorative element on the uppermost portion of a building, and

    • (ii)

      is not an advertising structure, and

    • (iii)

      does not include floor space area and is not reasonably capable of modification to include floor space area, and

    • (iv)

      will cause minimal overshadowing, and

  • (b)

    any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature.

recreation facility (major) means a building or place used for large-scale sporting or recreation activities that are attended by large numbers of people whether regularly or periodically, and includes theme parks, sports stadiums, showgrounds, racecourses and motor racing tracks.

recreation facility (outdoor) means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major).

Reduced Level (RL) means height above the Australian Height Datum, being the datum surface approximating mean sea level that was adopted by the National Mapping Council of Australia in May 1971.

registered club means a club that holds a club licence under the Liquor Act 2007.

registered community housing provider has the same meaning as in the Community Housing Providers (Adoption of National Law) Act 2012, section 13.

relic has the same meaning as in the Heritage Act 1977.

Note.

The term is defined as follows—

relic means any deposit, artefact, object or material evidence that—

  • (a)

    relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and

  • (b)

    is of State or local heritage significance.

research station means a building or place operated by a public authority for the principal purpose of agricultural, environmental, fisheries, forestry, minerals or soil conservation research, and includes any associated facility for education, training, administration or accommodation.

residential accommodation means a building or place used predominantly as a place of residence, and includes any of the following—

  • (a)

    attached dwellings,

  • (b)

    boarding houses,

  • (baa)

    co-living housing,

  • (c)

    dual occupancies,

  • (d)

    dwelling houses,

  • (e)

    group homes,

  • (f)

    hostels,

  • (faa)

    (Repealed)

  • (g)

    multi dwelling housing,

  • (h)

    residential flat buildings,

  • (i)

    rural workers’ dwellings,

  • (j)

    secondary dwellings,

  • (k)

    semi-detached dwellings,

  • (l)

    seniors housing,

  • (m)

    shop top housing,

but does not include tourist and visitor accommodation or caravan parks.

residential care facility means accommodation for seniors or people with a disability that includes—

  • (a)

    meals and cleaning services, and

  • (b)

    personal care or nursing care, or both, and

  • (c)

    appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,

but does not include a dwelling, hostel, hospital or psychiatric facility.

Note.

Residential care facilities are a type of seniors housing—see the definition of that term in this Dictionary.

residential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling, co-living housing or multi dwelling housing.

Note.

Residential flat buildings are a type of residential accommodation—see the definition of that term in this Dictionary.

resource recovery facility means a building or place used for the recovery of resources from waste, including works or activities such as separating and sorting, processing or treating the waste, composting, temporary storage, transfer or sale of recovered resources, energy generation from gases and water treatment, but not including re-manufacture or disposal of the material by landfill or incineration.

Note.

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

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

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

  • (a)

    an artisan food and drink industry, or

  • (b)

    farm gate premises.

Note.

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

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

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

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

  • (a), (b)

    (Repealed)

  • (c)

    food and drink premises,

  • (d)

    garden centres,

  • (e)

    hardware and building supplies,

  • (f)

    kiosks,

  • (g)

    landscaping material supplies,

  • (h)

    markets,

  • (i)

    plant nurseries,

  • (j)

    roadside stalls,

  • (k)

    rural supplies,

  • (l)

    shops,

  • (la)

    specialised retail premises,

  • (m)

    timber yards,

  • (n)

    vehicle sales or hire premises,

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

Note.

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

Riparian Lands and Watercourses Map means the Leeton Local Environmental Plan 2014 Riparian Lands and Watercourses Map.

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

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

Note.

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

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

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

  • (a)

    agricultural produce industries,

  • (b)

    livestock processing industries,

  • (c)

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

  • (d)

    sawmill or log processing works,

  • (e)

    stock and sale yards,

  • (f)

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

Note.

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

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

Note.

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

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

Note.

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

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

Note.

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

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

Note.

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

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

Note 1—

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

Note 2—

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

secondary dwelling means a self-contained dwelling that—

  • (a)

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

  • (b)

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

  • (c)

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

Note.

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

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

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

Note.

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

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

Note.

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

seniors housing means a building or place that is—

  • (a)

    a residential care facility, or

  • (b)

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

  • (c)

    a group of independent living units, or

  • (d)

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

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

  • (e)

    seniors or people who have a disability, or

  • (f)

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

  • (g)

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

but does not include a hospital.

Note.

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

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

  • (a)

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

  • (b)

    the cleaning of motor vehicles,

  • (c)

    installation of accessories,

  • (d)

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

  • (e)

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

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

Note.

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

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

  • (a)

    pipelines and tunnels, and

  • (b)

    pumping stations, and

  • (c)

    dosing facilities, and

  • (d)

    odour control works, and

  • (e)

    sewage overflow structures, and

  • (f)

    vent stacks.

Note.

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

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

Note.

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

sewerage system means any of the following—

  • (a)

    biosolids treatment facility,

  • (b)

    sewage reticulation system,

  • (c)

    sewage treatment plant,

  • (d)

    water recycling facility,

  • (e)

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

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

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

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

Note.

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

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

Note.

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

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

  • (a)

    an advertising structure,

  • (b)

    a building identification sign,

  • (c)

    a business identification sign,

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

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

Note.

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

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

  • (a)

    any basement,

  • (b)

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

  • (c)

    any eaves,

  • (d)

    unenclosed balconies, decks, pergolas and the like.

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

Note.

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

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

Note.

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

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

  • (a)

    a large area for handling, display or storage, or

  • (b)

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

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

Note.

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

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

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

Note.

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

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

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

  • (a)

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

  • (b)

    a mezzanine, or

  • (c)

    an attic.

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

Note.

The term is defined as follows—

swimming pool means an excavation, structure or vessel—

  • (a)

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

  • (b)

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

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

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

Note.

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

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

Note.

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

telecommunications facility means—

  • (a)

    any part of the infrastructure of a telecommunications network, or

  • (b)

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

  • (c)

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

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

temporary structure has the same meaning as in the Act.

Note.

The term is defined as follows—

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

Terrestrial Biodiversity Map means the Leeton Local Environmental Plan 2014 Terrestrial Biodiversity Map.

the Act means the Environmental Planning and Assessment Act 1979.

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

Note.

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

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

  • (a)

    backpackers’ accommodation,

  • (b)

    bed and breakfast accommodation,

  • (c)

    farm stay accommodation,

  • (d)

    hotel or motel accommodation,

  • (e)

    serviced apartments,

but does not include—

  • (f)

    camping grounds, or

  • (g)

    caravan parks, or

  • (h)

    eco-tourist facilities.

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

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

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

Note.

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

underground mining means—

  • (a)

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

  • (b)

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

but does not include open cut mining.

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

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

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

Note.

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

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

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

Note.

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

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

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

Note.

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

waste or resource management facility means any of the following—

  • (a)

    a resource recovery facility,

  • (b)

    a waste disposal facility,

  • (c)

    a waste or resource transfer station,

  • (d)

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

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

Note.

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

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

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

  • (a)

    retention structures, and

  • (b)

    treatment works, and

  • (c)

    irrigation schemes.

Note.

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

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

Note.

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

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

Note.

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

water supply system means any of the following—

  • (a)

    a water reticulation system,

  • (b)

    a water storage facility,

  • (c)

    a water treatment facility,

  • (d)

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

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

Note.

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

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

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

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

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

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

wetland means—

  • (a)

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

  • (b)

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

Wetlands Map means the Leeton Local Environmental Plan 2014 Wetlands Map.

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

  • (a)

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

  • (b)

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

  • (c)

    wharves for commercial fishing operations,

  • (d)

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

  • (e)

    sea walls or training walls,

  • (f)

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

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

Dictionary: Am 2021 (225), Sch 1.

Maps: Am 2015 (439), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.

Historical notesTable of amending instruments

Leeton Local Environmental Plan 2014 (353). LW 10.6.2014. Date of commencement, on publication on LW, cl 1.1AA. This Plan has been amended as follows—

2014

No 33

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

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

(513)

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

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

No 88

Statute Law (Miscellaneous Provisions) Act (No 2) 2014. Assented to 28.11.2014.

Date of commencement of Sch 2, 8.1.2015, sec 2 (1).

2015

No 15

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

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

(439)

Leeton Local Environmental Plan 2014 (Amendment No 1). LW 31.7.2015.

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

2016

(43)

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

Date of commencement, 27.1.2016, cl 2.

(126)

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

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

(309)

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

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

2017

(453)

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

Date of commencement, 25.8.2017, cl 2.

(492)

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

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

(493)

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

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

2018

(105)

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

Date of commencement, 3.4.2018, cl 2.

(154)

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

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

No 40

Forestry Legislation Amendment Act 2018. Assented to 27.6.2018.

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

(404)

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

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

(405)

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

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

(406)

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

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

(477)

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

Date of commencement, 31.8.2018, cl 2.

(488)

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

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

No 46

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

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

(717)

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

Date of commencement, 10.12.2018, cl 2.

2019

(133)

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

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

(137)

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

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

(168)

Leeton Local Environmental Plan 2014 (Amendment No 2). LW 5.4.2019.

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

(620)

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

Date of commencement, 15.1.2020, cl 2.

(621)

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

Date of commencement of Sch 5, 15.1.2020, cl 2(1).

2020

(155)

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

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

No 30

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

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

(636)

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

Date of commencement, 28.10.2020, cl 2.

No 40

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

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

(762)

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

Date of commencement, 1.2.2021, cl 2.

2021

No 6

Community Land Development Act 2021. Assented to 26.3.2021.

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

(225)

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

Date of commencement, 14.7.2021, cl 2.

(226)

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

Date of commencement, 14.7.2021, cl 2.

(301)

Standard Instrument (Local Environmental Plans) Amendment (Natural Disasters) Order 2021. LW 18.6.2021.

Date of commencement, 23.6.2021, cl 2.

(650)

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

Date of commencement of Sch 1[1]–[15] [17] [19] [23]–[48] and [50]–[53] and Sch 2, 1.12.2021, cl 2(1); date of commencement of Sch 1[16] [18] [20]–[22] [49] [54] and [55], 30.6.2022, cl 2(1A); date of commencement of Sch 3, 26.4.2023, cl 2(2). Amended by Standard Instrument (Local Environmental Plans) Further Amendment (Land Use Zones) Order 2021 (712). LW 26.11.2021. Date of commencement, on publication on LW, cl 2. Amended by Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022 (726). LW 30.11.2022. Date of commencement, on publication on LW, cl 2.

(711)

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

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

(800)

Leeton Local Environmental Plan 2014 (Amendment No 3). LW 22.12.2021.

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

2022

(71)

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

Date of commencement, 9.3.2022, cl 2.

(314)

State Environmental Planning Policy Amendment (Local Distribution Premises) 2022. LW 24.6.2022.

Date of commencement, 30.6.2022, sec 2.

(592)

Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2022. LW 6.10.2022.

Date of commencement, 1.12.2022, cl 2.

(628)

Standard Instrument (Local Environmental Plans) Amendment (Canal Estate Development and Public Bushland) Order 2022. LW 21.10.2022.

Date of commencement, 21.11.2022, cl 2.

(829)

State Environmental Planning Policy Amendment (Land Use Zones) (No 3) 2022. LW 16.12.2022.

Date of commencement, 26.4.2023, sec 2.

2023

(458)

State Environmental Planning Policy Amendment (Agritourism) 2023. LW 18.8.2023.

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

(502)

Leeton Local Environmental Plan 2014 (Amendment No 8). LW 1.9.2023.

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

(522)

Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023. LW 15.9.2023.

Date of commencement, 1.11.2023, cl 2.

(608)

Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2023. LW 10.11.2023.

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

2025

(511)

Standard Instrument (Local Environmental Plans) Amendment (Group Homes) Order 2025. LW 19.9.2025.

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

Table of amendments

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

Cl 1.8A

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

Cl 1.9A

Am 2019 (621), Sch 5[2]–[4].

Cl 2.1

Am 2022 (829), Sch 1.12[1].

Land Use Table

Am 2015 (439), Sch 1 [1] [2]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 (168), cl 4 (1) (2); 2022 (314), Sch 1; 2022 (829), Sch 1.12[2]; 2023 (458), Sch 2.51; 2023 (502), Sch 1.

Cl 4.1

Am 2015 (439), Sch 1 [3] [4].

Cl 4.2A

Am 2022 (829), Sch 1.12[3] [4].

Cl 4.2B

Am 2022 (829), Sch 1.12[3] [4].

Cl 4.2E

Ins 2015 (439), Sch 1 [5].

Cl 5.4

Am 2018 (406), Sch 1.81 [1] [2].

Cl 6.2

Rep 2021 (225), Sch 1.

Cl 6.7

Am 2015 (439), Sch 1 [6].

Cl 6.13

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

Sch 4

Am 2015 (439), Sch 1 [7]; 2021 (800), cl 5.

Sch 5

Am 2014 No 88, Sch 2.35.

Dictionary

Am 2021 (225), Sch 1.

Maps

Am 2015 (439), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.

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