Moree Plains Local Environmental Plan 2011 (NSW)

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Part 1Preliminary1.1Name of Plan

This Plan is Moree Plains Local Environmental Plan 2011.

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 Moree Plains 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 the management, development and conservation of environmental, economic and social resources,

  • (b)

    to facilitate economic growth and development that is consistent with the aim specified in paragraph (a) and that—

    • (i)

      embraces the principles of environmentally sustainable development, and

    • (ii)

      minimises the cost to the community of fragmented and isolated development, and

    • (iii)

      facilitates the efficient and effective delivery of amenities and services, and

    • (iv)

      facilitates stimulation of demand for a range of residential, enterprise and employment opportunities and promotes agricultural diversity, and

    • (v)

      facilitates farm adjustments, and

    • (vi)

      utilises, where feasible, existing infrastructure and roads for new development and future potential development,

  • (c)

    to facilitate development in accordance with flood management planning,

  • (d)

    to facilitate development that is compatible with adjoining and nearby uses,

  • (e)

    to facilitate development that is appropriate in scale and type to the characteristics of the relevant zone,

  • (f)

    to recognise places of European heritage significance and Aboriginal heritage and cultural significance.

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—

  • Moree Plains Local Environmental Plan 1995

(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—

  • State Environmental Planning Policy (Rural Lands) 2008 (clause 9)

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

    RU4 Primary Production Small Lots

    RU5 Village

  • Residential Zones

    R1 General Residential

    R2 Low Density Residential

    R5 Large Lot Residential

  • Employment Zones

    E1 Local Centre

    E2 Commercial Centre

    E3 Productivity Support

    E4 General Industrial

    E5 Heavy 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

    C3 Environmental Management

    C4 Environmental Living

cl 2.1: Am 2022 (830), Sch 1.16[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 31 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 (53), Sch 1 [1]–[3]; 2016 (168), Sch 1 [2]; 2017 (493), Sch 1.1 [1] [2]; 2018 (455), Sch 1 [1]–[4]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2022 (314), Sch 1; 2022 (830), Sch 1.16[2].

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 permit development for certain purposes if it can be demonstrated that suitable land or premises are not available elsewhere.

  • To protect significant agricultural resources in recognition of their value to the longer term economic sustainability of Moree Plains.

  • To maintain the rural character of the land.

2Permitted without consent

Building identification signs; Business identification signs; Environmental protection works; Extensive agriculture; Farm buildings; Forestry; Home-based child care; Home businesses; Home industries; Home occupations; Intensive plant agriculture; Roads

3Permitted with consent

Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Aquaculture; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Correctional centres; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Educational establishments; Environmental facilities; Extractive industries; Flood mitigation works; Freight transport facilities; Funeral homes; Heavy industrial storage establishments; Heavy industries; Helipads; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Information and education facilities; Intensive livestock agriculture; Jetties; Kiosks; Landscaping material supplies; Marinas; Markets; Mooring pens; Moorings; Mortuaries; Neighbourhood shops; Open cut mining; Passenger transport facilities; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Service stations; Sewerage systems; Sex services premises; Signage; Tourist and visitor accommodation; Transport depots; Truck depots; Turf farming; Veterinary hospitals; Warehouse or distribution centres; Water recreation structures; Water supply systems; Any other development not specified in item 2 or 4

4Prohibited

Amusement centres; Centre-based child care facilities; Commercial premises; Entertainment facilities; Exhibition homes; Exhibition villages; Function centres; Health services facilities; Highway service centres; Industries; Local distribution premises; Registered clubs; Residential accommodation; Restricted premises; Storage premises; Vehicle body repair workshops; Vehicle repair stations; Wholesale supplies

Zone RU4Primary Production Small Lots1Objectives of zone
  • To enable sustainable primary industry and other compatible land uses.

  • To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.

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

2Permitted without consent

Environmental protection works; Extensive agriculture; Forestry; Home-based child care; Home businesses; Home industries; Home occupations; Roads; Signage

3Permitted with consent

Advertising structures; Agriculture; Airstrips; Animal boarding or training establishments; Aquaculture; Boarding houses; Boat building and repair facilities; Boat sheds; Cellar door premises; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Depots; Dual occupancies (attached); Dwelling houses; Electricity generating works; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Group homes; Health consulting rooms; Helipads; Home occupations (sex services); Information and education facilities; Intensive plant agriculture; Landscaping material supplies; Marinas; Mooring pens; Moorings; Neighbourhood shops; Open cut mining; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Research stations; Respite day care centres; Roadside stalls; Rural industries; Tourist and visitor accommodation; Sewerage systems; Transport depots; Truck depots; Vehicle repair stations; 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 facilitate development that reinforces village viability.

2Permitted without consent

Building identification signs; Business identification signs; Environmental protection works; Extensive agriculture; Home-based child care; Home businesses; Home industries; Home occupations

3Permitted with consent

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

4Prohibited

Air transport facilities; Correctional centres; Crematoria; Extractive industries; Heavy industrial storage establishments; Home occupations (sex services); Industries; Intensive livestock agriculture; Mortuaries; Open cut mining; Recreation facilities (major); Restricted premises; Sex services premises

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.

2Permitted without consent

Building identification signs; Business identification signs; Environmental facilities; Environmental protection works; Extensive agriculture; Home-based child care; Home businesses; Home industries; Home occupations

3Permitted with consent

Attached dwellings; Boarding houses; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Dwelling houses; Educational establishments; Exhibition homes; Exhibition villages; Farm buildings; Flood mitigation works; Group homes; Health services facilities; Hostels; Information and education facilities; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Places of public worship; Pond-based aquaculture; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential accommodation; Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Sewage reticulation systems; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Water recreation structures; Water supply systems

4Prohibited

Any development not specified in item 2 or 3

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

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

2Permitted without consent

Building identification signs; Business identification signs; Environmental facilities; Environmental protection works; Extensive agriculture; Home-based child care; Home businesses; Home industries; Home occupations

3Permitted with consent

Bed and breakfast accommodation; Centre-based child care facilities; Community facilities; Dwelling houses; Farm buildings; Flood mitigation works; Group homes; Health consulting rooms; Information and education facilities; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Places of public worship; Pond-based aquaculture; Public administration buildings; Recreation areas; Residential accommodation; Respite day care centres; Roads; Sewage reticulation systems; Tank-based aquaculture; Water recreation structures; Water supply systems

4Prohibited

Attached dwellings; Hostels; Multi dwelling housing; Residential flat buildings; Rural workers’ dwellings; Shop top housing; Any other development not specified in item 2 or 3

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 permit rural uses and rural industries compatible with the character, land use and lot size patterns of the neighbourhood.

2Permitted without consent

Building identification signs; Business identification signs; Environmental facilities; Environmental protection works; Extensive agriculture; Home-based child care; Home businesses; Home industries; Home occupations

3Permitted with consent

Animal boarding or training establishments; Bed and breakfast accommodation; Centre-based child care facilities; Community facilities; Depots; Dual occupancies; Dwelling houses; Farm buildings; Flood mitigation works; Group homes; Health consulting rooms; Information and education facilities; Intensive plant agriculture; Neighbourhood shops; Oyster aquaculture; Pond-based aquaculture; Public administration buildings; Recreation areas; Respite day care centres; Roads; Rural industries; Secondary dwellings; Sewage reticulation systems; Tank-based aquaculture; Water recreation structures; Water supply systems

4Prohibited

Any development not specified in item 2 or 3

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.

2Permitted without consent

Building identification signs; Business identification signs; Environmental facilities; Environmental protection works; Home businesses; Home occupations; Home-based child care; Roads

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; 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; Animal boarding or training establishments; Camping grounds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Extractive industries; Forestry; Heavy industrial storage establishments; Industrial training facilities; Industries; Open cut mining; Recreation facilities (major); Recreation facilities (outdoor); Residential accommodation; Resource recovery facilities; Rural industries; Sewerage systems; Sex services premises; Storage premises; Tourist and visitor accommodation; Truck depots; Vehicle body repair workshops; Waste disposal 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.

  • To maintain and enhance the role of the Moree town centre as the major centre for retail, commercial, administrative, service, cultural and professional services for the area.

  • To recognise and protect the art deco character of the Moree central business district.

2Permitted without consent

Building identification signs; Environmental facilities; Environmental protection works; Home businesses; Home industries; Home occupations; Home-based child care; Roads

3Permitted with consent

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

4Prohibited

Agriculture; Air transport facilities; Animal boarding or training establishments; Camping grounds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Extractive industries; Forestry; Heavy industrial storage establishments; Industrial training facilities; Industries; Open cut mining; Recreation facilities (major); Residential accommodation; Resource recovery facilities; Roadside stalls; Rural industries; Sewerage systems; Storage premises; Truck depots; Vehicle body repair workshops; Waste disposal facilities; Wharf or boating facilities

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 provide for residential uses as part of mixed use development.

  • To improve the presentation of the major access corridors into Moree.

2Permitted without consent

Building identification signs; Business identification signs; Environmental facilities; Environmental protection works; Home businesses; Home occupations; Home-based child care; Roads

3Permitted with consent

Animal boarding or training establishments; Boat building and repair facilities; Business premises; Centre-based child care facilities; Community facilities; Depots; Dwelling houses; Food and drink premises; Function centres; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Kiosks; Landscaping material supplies; Light industries; Liquid fuel depots; 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; Sawmill or log processing works; Service stations; Shop top housing; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Wholesale supplies; Any other development not specified in item 2 or 4

4Prohibited

Agriculture; Air transport facilities; Cemeteries; Correctional centres; Crematoria; Eco-tourist facilities; Electricity generating works; Extractive industries; Forestry; Heavy industrial storage establishments; Industries; Open cut mining; Residential accommodation; Resource recovery facilities; Retail premises; Rural industries; Sewerage systems; Tourist and visitor accommodation; Waste disposal 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 enable development that is compatible with, or ancillary to, the industrial use of the land.

  • To prevent retail development, including stand-alone retail development, that would be more appropriately located in another zone.

2Permitted without consent

Building identification signs; Business identification signs; Environmental facilities; Environmental protection works; Extensive agriculture; Home businesses; Home industries; Home occupations

3Permitted with consent

Depots; Freight transport facilities; Funeral homes; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Industrial retail outlets; Industrial training facilities; Landscaping material supplies; Light industries; Liquid fuel depots; Local distribution premises; Neighbourhood shops; Oyster aquaculture; Plant nurseries; 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

Advertising structures; Camping grounds; Caravan parks; Centre-based child care facilities; Commercial premises; Community facilities; Correctional centres; Eco-tourist facilities; Entertainment facilities; Exhibition homes; Exhibition villages; Forestry; Function centres; Health services facilities; Heavy industrial storage establishments; Home-based child care; Industries; Open cut mining; Recreation facilities (major); Registered clubs; Residential accommodation; Respite day care centres; Schools; Tourist and visitor accommodation; Wharf or boating facilities

Zone E5Heavy Industrial1Objectives of zone
  • To provide areas for industries that need to be separated from other 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 development that is compatible with, or ancillary to, the industrial use of the land.

2Permitted without consent

Building identification signs; Business identification signs; Roads

3Permitted with consent

Data centres; Depots; Freight transport facilities; General industries; Hazardous storage establishments; Heavy industries; Industrial training facilities; Offensive storage establishments; Oyster aquaculture; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 4

4Prohibited

Advertising structures; Camping grounds; Caravan parks; Centre-based child care facilities; Commercial premises; Community facilities; Correctional centres; Eco-tourist facilities; Entertainment facilities; Exhibition homes; Exhibition villages; Forestry; Function centres; Health services facilities; Heavy industrial storage establishments; Home-based child care; Information and education facilities; Open cut mining; Recreation facilities (major); Registered clubs; Residential accommodation; Respite day care centres; Schools; Tourist and visitor accommodation; 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

Nil

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

Roads

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.

2Permitted without consent

Business identification signs; Environmental facilities; Environmental protection works; Extensive agriculture

3Permitted with consent

Animal boarding or training establishments; Aquaculture; Boat sheds; Camping grounds; Caravan parks; Charter and tourism boating facilities; Community facilities; Entertainment facilities; Farm buildings; Flood mitigation works; Information and education facilities; Kiosks; Marinas; Markets; Mooring pens; Moorings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Roads; Sewage reticulation systems; Water recreation structures; Water supply systems

4Prohibited

Any development not specified in item 2 or 3

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

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

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

2Permitted without consent

Building identification signs; Business identification signs; Environmental facilities; Environmental protection works; Home businesses; Home occupations

3Permitted with consent

Aquaculture; Boat building and repair facilities; Boat sheds; Camping grounds; Caravan parks; Charter and tourism boating facilities; Community facilities; Dwelling houses; Entertainment facilities; Flood mitigation works; Function centres; Information and education facilities; Kiosks; Marinas; Markets; Mooring pens; Moorings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Restaurants or cafes; Roads; Sewage reticulation systems; Tourist and visitor accommodation; Water recreation structures; Water supply systems

4Prohibited

Any development not specified in item 2 or 3

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

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

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

2Permitted without consent

Uses authorised under the National Parks and Wildlife Act 1974

3Permitted with consent

Nil

4Prohibited

Any development not specified in item 2 or 3

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

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

  • To enhance the environmental offset values of areas with special ecological, scientific, cultural or aesthetic values to compensate for environmental losses elsewhere.

2Permitted without consent

Environmental protection works; Home businesses; Home occupations

3Permitted with consent

Building identification signs; Dwelling houses; Environmental facilities; Flood mitigation works; Home industries; Information and education facilities; Oyster aquaculture; Pond-based aquaculture; Roads; Tank-based aquaculture

4Prohibited

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

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

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

  • To ensure residential development is compatible with natural hazards that may affect the land within the zone.

2Permitted without consent

Building identification signs; Business identification signs; Environmental facilities; Environmental protection works; Extensive agriculture; Home-based child care; Home businesses; Home occupations

3Permitted with consent

Bed and breakfast accommodation; Dual occupancies; Dwelling houses; Farm buildings; Flood mitigation works; Home industries; Oyster aquaculture; Pond-based aquaculture; Roads; Secondary dwellings; Sewage reticulation systems; Tank-based aquaculture; Water supply systems

4Prohibited

Industries; Local distribution premises; Service stations; 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 ensure that new subdivisions reflect the identified lot sizes for the locality.

(2)

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

(3)

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

(4)

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

  • (a)

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

  • (b)

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

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

The objectives of this clause are as follows—

  • (a)

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

(2)

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

  • (a)

    Zone RU1 Primary Production,

  • (b)

    Zone R5 Large Lot Residential,

  • (c)

    Zone C3 Environmental Management,

  • (d)

    Zone C4 Environmental Living,

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

(3)

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

(4)

This clause applies despite clause 4.1.

cl 4.1AA: Am 2022 (830), Sch 1.16[3].

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 must not 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, unless 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)

Zone RU5 Village and Zone R1 General Residential

450 square metres

Dual occupancy (detached)

Zone RU5 Village and Zone R1 General Residential

450 square metres

Multi dwelling housing

Zone R1 General Residential

450 square metres

Residential flat building

Zone R1 General Residential

450 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 Zone RU2 Rural Landscape or Zone RU6 Transition.

(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).

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

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

(2)

Land in a zone to which clause 4.2 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, where the consent authority is satisfied that the use of the land after the subdivision will be the same use permitted under the existing development consent for the land (other than for the purpose of a dwelling house or a dual occupancy).

(3)

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.

4.2BErection of dwelling houses on land in certain rural, residential and conservation zones(1)

The objectives of this clause are as follows—

  • (a)

    to minimise unplanned rural residential development,

  • (b)

    to enable the orderly development of residential zones,

  • (c)

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

(2)

This clause applies to land in the following zones—

  • (a)

    Zone RU1 Primary Production,

  • (b)

    Zone RU4 Primary Production Small Lots,

  • (c)

    Zone RU5 Village,

  • (d)

    Zone R1 General Residential,

  • (e)

    Zone R2 Low Density Residential,

  • (f)

    Zone R5 Large Lot Residential,

  • (g)

    Zone C3 Environmental Management,

  • (h)

    Zone C4 Environmental Living.

(3)

Development consent must not be granted for the erection of a dwelling house on land in a zone to which this clause applies, and on which no dwelling house has been erected, unless the land is—

  • (a)

    a lot that is at least the minimum lot size specified for that land by the Lot Size Map, or

  • (b)

    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 was permissible immediately before that commencement, or

  • (c)

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

  • (d)

    an existing holding.

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)

Despite subclause (3), development consent may be granted for the erection of a dwelling house on land in the following zones, and on which no dwelling house has been erected, if the land is a lot created before this Plan commenced and on which the erection of a dwelling house was permissible immediately before that commencement—

  • (a)

    Zone RU4 Primary Production Small Lots,

  • (b)

    Zone RU5 Village,

  • (c)

    Zone R1 General Residential,

  • (d)

    Zone R2 Low Density Residential,

  • (e)

    Zone R5 Large Lot Residential.

(5)

Despite subclauses (3) and (4), development consent may be granted for the erection of a dwelling house on land to which this clause applies if—

  • (a)

    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, or

  • (b)

    the land would have been a lot or a holding referred to in subclause (3) 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

  • (c)

    the dwelling house will replace a lawfully erected dwelling house that was either—

    • (i)

      removed from the site, or

    • (ii)

      partially or completely destroyed,

    less than 2 years before the lodgement of a development application under this Plan for the purpose of a dwelling house.

(6)

In this clause—

existing holding means land that—

  • (a)

    was a holding on 12 May 1995, 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 12 May 1995.

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

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 (830), Sch 1.16[3] [4].

4.2CStrata subdivisions in certain residential, rural or conservation zones(1)

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

(2)

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

  • (a)

    RU1 Primary Production Zone,

  • (b)

    R5 Large Lot Residential Zone,

  • (c)

    C3 Environmental Management Zone,

  • (d)

    C4 Environmental Living Zone.

(3)

Development consent must not be granted for the subdivision of a lot to which this clause applies under a strata plan that would create lots below the minimum size shown on the Lot Size Map for that lot.

Note.

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 specified complying development.

cl 4.2C: Am 2022 (830), Sch 1.16[3] [4].

4.2DErection of dual occupancies (detached) on land in Zone RU1(1)

This clause applies to land in Zone RU1 Primary Production.

(2)

Development consent must not be granted for the erection of a dual occupancy (detached) on land to which this clause applies unless the consent authority is satisfied that—

  • (a)

    each dwelling will use the same vehicular access to and from a public road, and

  • (b)

    the dwellings will be situated within 200 metres of each other, and

  • (c)

    the land is physically suitable for the erection of the dwellings, and

  • (d)

    the land is capable of accommodating the on-site disposal and management of sewage for the development.

cll 4.2D, 4.2E: Ins 2015 (53), Sch 1 [4].

4.2EErection of temporary workers’ accommodation on land in Zone RU1(1)

The objectives of this clause are as follows—

  • (a)

    to enable development for temporary workers’ accommodation if there is a demonstrated need to accommodate employees due to the nature of the work or the location of the land on which that work is carried out,

  • (b)

    to ensure that temporary workers’ accommodation is appropriately located,

  • (c)

    to ensure that the erection of temporary workers’ accommodation is not likely to have a detrimental impact on the future use of the land or to conflict with an existing land use,

  • (d)

    to minimise the impact of temporary workers’ accommodation on local roads and infrastructure.

(2)

This clause applies to land in Zone RU1 Primary Production.

(3)

Development consent must not be granted for the erection of temporary workers’ accommodation on land to which this clause applies unless the consent authority is satisfied of the following—

  • (a)

    the development is to be located within 5 kilometres of the land at which persons are to be employed,

  • (b)

    there is a need to provide temporary workers’ accommodation due either to the nature of the development or because of the remote or isolated location of the land on which the development is being carried out,

  • (c)

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

  • (d)

    power systems, water reticulation systems and sewerage systems will be provided to adequately meet the requirements of the development,

  • (e)

    when the development is no longer in use, the land will, as far as practicable, be restored to the condition in which it was before the commencement of the development.

(4)

In this clause—

temporary workers’ accommodation means any habitable buildings and associated amenities erected for the purpose of providing a place of temporary or short-term accommodation for persons working in the rural, agriculture or mining sector.

cll 4.2D, 4.2E: Ins 2015 (53), Sch 1 [4].

4.3Height of buildings

[Not adopted]

4.4Floor space ratio

[Not adopted]

4.5Calculation of floor space ratio and site area

[Not adopted]

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.

(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 6.1 or 6.2.

cl 4.6: Am 2022 (830), Sch 1.16[5].

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.

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—

  • (a)

    100 metres between Zone RU1 Primary Production and Zone RU4 Primary Production Small Lots, and

  • (b)

    in all other cases, 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.

(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 5 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 50 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 150 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)

    25% 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 5 bedrooms in buildings.

(6)

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

(7)

If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 300 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 40 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)

    67% 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)

    25% of the gross floor area of the industry, or

  • (b)

    400 square metres,

whichever is the lesser.

cl 5.4: Am 2018 (406), Sch 1.92 [1] [2].

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

[Not adopted]

5.6Architectural roof features

[Not adopted]

5.7Development below mean high water mark

[Not applicable]

5.8Conversion of fire alarms(1)

This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.

(2)

The following development may be carried out, but only with development consent—

  • (a)

    converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,

  • (b)

    converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,

  • (c)

    converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.

(3)

Development to which subclause (2) applies is complying development if it consists only of—

  • (a)

    internal alterations to a building, or

  • (b)

    internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.

(4)

A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.

(5)

In this clause—

private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.

5.9Dwelling house or secondary dwelling affected by natural disaster

[Not adopted]

5.9AA

(Repealed)

5.10Heritage conservationNote.

Heritage items (if any) are listed and described in Schedule 5. Heritage conservation areas (if any) are shown on the Heritage Map as well as being described in Schedule 5.

(1)

The objectives of this clause are as follows—

  • (a)

    to conserve the environmental heritage of Moree,

  • (b)

    to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,

  • (c)

    to conserve archaeological sites,

  • (d)

    to conserve Aboriginal objects and Aboriginal places of heritage significance.

(2)

Development consent is required for any of the following—

  • (a)

    demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance)—

    • (i)

      a heritage item,

    • (ii)

      an Aboriginal object,

    • (iii)

      a building, work, relic or tree within a heritage conservation area,

  • (b)

    altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item,

  • (c)

    disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,

  • (d)

    disturbing or excavating an Aboriginal place of heritage significance,

  • (e)

    erecting a building on land—

    • (i)

      on which a heritage item is located or that is within a heritage conservation area, or

    • (ii)

      on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,

  • (f)

    subdividing land—

    • (i)

      on which a heritage item is located or that is within a heritage conservation area, or

    • (ii)

      on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.

(3)

However, development consent under this clause is not required if—

  • (a)

    the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development—

    • (i)

      is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and

    • (ii)

      would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or

  • (b)

    the development is in a cemetery or burial ground and the proposed development—

    • (i)

      is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and

    • (ii)

      would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or

  • (c)

    the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or

  • (d)

    the development is exempt development.

(4)

The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).

(5)

The consent authority may, before granting consent to any development—

  • (a)

    on land on which a heritage item is located, or

  • (b)

    on land that is within a heritage conservation area, or

  • (c)

    on land that is within the vicinity of land referred to in paragraph (a) or (b),

require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

(6)

The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.

(7)

The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies)—

  • (a)

    notify the Heritage Council of its intention to grant consent, and

  • (b)

    take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(8)

The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance—

  • (a)

    consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and

  • (b)

    notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.

(9)

The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item—

  • (a)

    notify the Heritage Council about the application, and

  • (b)

    take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(10)

The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that—

  • (a)

    the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and

  • (b)

    the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and

  • (c)

    the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and

  • (d)

    the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and

  • (e)

    the proposed development would not have any significant adverse effect on the amenity of the surrounding area.

5.11Bush fire hazard reduction

Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without development consent.

Note.

The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.

5.12Infrastructure development and use of existing buildings of the Crown(1)

This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2.

(2)

This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.

5.13Eco-tourist facilities(1)

The objectives of this clause are as follows—

  • (a)

    to maintain the environmental and cultural values of land on which development for the purposes of eco-tourist facilities is carried out,

  • (b)

    to provide for sensitively designed and managed eco-tourist facilities that have minimal impact on the environment both on and off-site.

(2)

This clause applies if development for the purposes of an eco-tourist facility is permitted with development consent under this Plan.

  • (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.

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

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

Note.

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

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

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

  • (a)

    agricultural produce industries,

  • (b)

    livestock processing industries,

  • (c)

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

  • (d)

    sawmill or log processing works,

  • (e)

    stock and sale yards,

  • (f)

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

Note.

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

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

Note.

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

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

Note.

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

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

Note.

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

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

Note.

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

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

Note 1—

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

Note 2—

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

secondary dwelling means a self-contained dwelling that—

  • (a)

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

  • (b)

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

  • (c)

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

Note.

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

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

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

Note.

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

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

Note.

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

seniors housing means a building or place that is—

  • (a)

    a residential care facility, or

  • (b)

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

  • (c)

    a group of independent living units, or

  • (d)

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

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

  • (e)

    seniors or people who have a disability, or

  • (f)

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

  • (g)

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

but does not include a hospital.

Note.

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

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

  • (a)

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

  • (b)

    the cleaning of motor vehicles,

  • (c)

    installation of accessories,

  • (d)

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

  • (e)

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

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

Note.

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

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

  • (a)

    pipelines and tunnels, and

  • (b)

    pumping stations, and

  • (c)

    dosing facilities, and

  • (d)

    odour control works, and

  • (e)

    sewage overflow structures, and

  • (f)

    vent stacks.

Note.

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

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

Note.

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

sewerage system means any of the following—

  • (a)

    biosolids treatment facility,

  • (b)

    sewage reticulation system,

  • (c)

    sewage treatment plant,

  • (d)

    water recycling facility,

  • (e)

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

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

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

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

Note.

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

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

Note.

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

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

  • (a)

    an advertising structure,

  • (b)

    a building identification sign,

  • (c)

    a business identification sign,

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

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

Note.

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

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

  • (a)

    any basement,

  • (b)

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

  • (c)

    any eaves,

  • (d)

    unenclosed balconies, decks, pergolas and the like.

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

Note.

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

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

Note.

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

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

  • (a)

    a large area for handling, display or storage, or

  • (b)

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

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

Note.

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

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

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

Note.

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

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

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

  • (a)

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

  • (b)

    a mezzanine, or

  • (c)

    an attic.

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

Note.

The term is defined as follows—

swimming pool means an excavation, structure or vessel—

  • (a)

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

  • (b)

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

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

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

Note.

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

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

Note.

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

telecommunications facility means—

  • (a)

    any part of the infrastructure of a telecommunications network, or

  • (b)

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

  • (c)

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

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

temporary structure has the same meaning as in the Act.

Note.

The term is defined as follows—

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

the Act means the Environmental Planning and Assessment Act 1979.

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

Note.

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

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

  • (a)

    backpackers’ accommodation,

  • (b)

    bed and breakfast accommodation,

  • (c)

    farm stay accommodation,

  • (d)

    hotel or motel accommodation,

  • (e)

    serviced apartments,

but does not include—

  • (f)

    camping grounds, or

  • (g)

    caravan parks, or

  • (h)

    eco-tourist facilities.

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

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

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

Note.

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

underground mining means—

  • (a)

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

  • (b)

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

but does not include open cut mining.

urban release area means an area of land shown hatched and lettered “Urban Release Area” on the Urban Release Area Map.

Urban Release Area Map means the Moree Plains Local Environmental Plan 2011 Urban Release Area Map.

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

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

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

Note.

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

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

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

Note.

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

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

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

Note.

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

waste or resource management facility means any of the following—

  • (a)

    a resource recovery facility,

  • (b)

    a waste disposal facility,

  • (c)

    a waste or resource transfer station,

  • (d)

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

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

Note.

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

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

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

  • (a)

    retention structures, and

  • (b)

    treatment works, and

  • (c)

    irrigation schemes.

Note.

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

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

Note.

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

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

Note.

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

water supply system means any of the following—

  • (a)

    a water reticulation system,

  • (b)

    a water storage facility,

  • (c)

    a water treatment facility,

  • (d)

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

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

Note.

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

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

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

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

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

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

wetland means—

  • (a)

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

  • (b)

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

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

  • (a)

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

  • (b)

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

  • (c)

    wharves for commercial fishing operations,

  • (d)

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

  • (e)

    sea walls or training walls,

  • (f)

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

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

Historical notesTable of amending instruments

Moree Plains Local Environmental Plan 2011 (646). LW 9.12.2011. Date of commencement, on publication on LW, cl 1.1AA. This Plan has been amended as follows—

2012

(506)

Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2012. LW 5.10.2012.

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

(559)

Moree Local Environmental Plan 2011 (Amendment No 1). LW 16.11.2012.

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

No 96

Forestry Act 2012. Assented to 21.11.2012.

Date of commencement of Sch 4.41, 7.1.2013, sec 2 and 2012 (680) LW 21.12.2012.

2013

No 5

Liquor Amendment (Small Bars) Act 2013. Assented to 19.3.2013.

Date of commencement, 1.7.2013, sec 2 and 2013 (292) LW 21.6.2013.

No 111

Statute Law (Miscellaneous Provisions) Act (No 2) 2013. Assented to 3.12.2013.

Date of commencement of Sch 3.27, 10.1.2014, Sch 3.27.

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.

2015

(53)

Moree Plains Local Environmental Plan 2011 (Amendment No 2). LW 6.2.2015.

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

No 15

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

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

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.

(168)

Local Environmental Plan (Regional LEPs Consequential Amendments) 2016. LW 4.4.2016.

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

(224)

Moree Plains Local Environmental Plan 2011 (Amendment No 3). LW 6.5.2016.

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.

(726)

State Environmental Planning Policy (Educational Establishments and Child Care Facilities) Amendment 2017. LW 15.12.2017.

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

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.

(455)

Moree Plains Local Environmental Plan 2011 (Amendment No 4). LW 17.8.2018.

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

(456)

Moree Plains Local Environmental Plan 2011 (Amendment No 5). LW 17.8.2018.

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

(477)

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

Date of commencement, 31.8.2018, cl 2.

(488)

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

Date of commencement of Sch 1.1, 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.

(228)

Moree Plains Local Environmental Plan 2011 (Amendment No 6). LW 31.5.2019.

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.

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.

(830)

State Environmental Planning Policy Amendment (Land Use Zones) (No 4) 2022. LW 16.12.2022.

Date of commencement, 26.4.2023, sec 2.

2023

(522)

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

Date of commencement, 1.11.2023, cl 2.

(554)

State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023. LW 29.9.2023.

Date of commencement, 1.10.2023, sec 2.

(608)

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

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

(609)

State Environmental Planning Policy Amendment (Flood Planning) 2023. LW 10.11.2023.

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

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 (830), Sch 1.16[1].

Land Use Table

Am 2015 (53), Sch 1 [1]–[3]; 2016 (168), Sch 1 [2]; 2017 (493), Sch 1.1 [1] [2]; 2018 (455), Sch 1 [1]–[4]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2022 (314), Sch 1; 2022 (830), Sch 1.16[2].

Cl 4.1AA

Am 2022 (830), Sch 1.16[3].

Cl 4.2B

Am 2022 (830), Sch 1.16[3] [4].

Cl 4.2C

Am 2022 (830), Sch 1.16[3] [4].

Cll 4.2D, 4.2E

Ins 2015 (53), Sch 1 [4].

Cl 4.6

Am 2022 (830), Sch 1.16[5].

Cl 5.4

Am 2018 (406), Sch 1.92 [1] [2].

Cl 5.13

Subst 2018 (455), Sch 1 [5].

Cl 6.1

Am 2019 (621), Sch 5[5]; 2023 (554), Sch 1.

Cl 7.2

Am 2015 (53), Sch 1 [5].

Cl 7.6

Rep 2021 (225), Sch 1.

Cll 7.8, 7.9

Ins 2018 (455), Sch 1 [6].

Sch 1

Am 2019 (228), cl 4.

Sch 2

Am 2017 (726), Sch 2.5; 2022 (830), Sch 1.16[6]–[9]; 2023 (609), Sch 1.16.

Sch 4

Am 2016 (224), Sch 1 [1]–[4].

Maps

Am 2012 (559), cl 4; 2015 (53), cl 4; 2018 (456), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.

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