Nambucca Local Environmental Plan 1995 (NSW)
This plan is called Nambucca Local Environmental Plan 1995.
The objectives of this plan are:
(a1) to promote the social and economic welfare of the community consistent with the four principles of ecologically sustainable development, which are:
(i) the precautionary principle—namely, that if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation, and
(ii) inter-generational equity—namely, that the present generation should ensure that the health, diversity and productivity of the environment are maintained or enhanced for the benefit of future generations, and
(iii) conservation of biological diversity and ecological integrity—namely, that conservation of biological diversity and ecological integrity should be a fundamental consideration, and
(iv) improved valuation, pricing and incentive mechanisms—namely, that environmental factors should be included in the valuation of assets and services,
(a2) to promote development that is consistent with the four principles of ecologically sustainable development,
(a) to update, consolidate and simplify planning controls applying to the area,
(b) to encourage growth in a planned and co-ordinated manner which will be commercially viable and ecologically sustainable,
(c) to protect the quality of areas of high landscape and environmental value,
(d) to protect the major agricultural activities of the area and to facilitate realisation of the agriculture potential of the area,
(e) to provide opportunities for and to encourage development which will support the area’s economic, employment and tourism base,
(f) to provide land that is appropriate in area, location and quality for living, working and recreational activities,
(g) to provide a diversity of housing throughout the area,
(h) to provide opportunities for rural-residential and hobby farm lifestyles on suitable land that is accessible and provided with adequate infrastructure,
(i) to ensure that development is adequately serviced in an economic, equitable and efficient manner,
(j) to ensure that development is appropriately located, having regard to environmental constraints, accessibility and existing land use patterns,
(k) to protect known or prospective areas of valuable deposits of sand, gravel or other extractive materials,
(l) to protect land required for future urban purposes from undesirable subdivision and inappropriate development,
(m) to protect and conserve wildlife habitat refuges and corridors,
(n) to protect rural and residential amenity,
(o) to conserve and protect water resources and minimise the risk of pollution,
(p) to protect soil resources and minimise land degradation,
(q) to ensure an efficient and safe roads network is maintained with minimum intrusion on business centres, public recreation and residential areas,
(r) to encourage functional and commercially viable industrial development, which does not pollute or adversely affect the adjoining land or water or the amenity of nearby residents,
(s) to protect places and buildings of archaeological or heritage significance, including Aboriginal relics and places,
(t) to provide public recreation areas and a range of recreational facilities to meet the needs of the population, and
(u) to ensure residents are not put at unacceptable risk in the event of flooding and bush fires.
The plan applies to all land in the area of Nambucca as shown on the map.
Nambucca Local Environmental Plan 1986 is repealed.
Nambucca Local Environmental Plan No 10 is repealed.
In this plan:
(a) the cultivation of crops, or
(b) the keeping or breeding of livestock, bees, poultry or other birds, or
(c) the cultivation of plants in a wholesale plant nursery,
for commercial purposes.
(a) involving the sale of liquor or goods from the site, or
(b) that contain facilities in rooms for the preparation of meals by guests, or
(c) that interfere with the amenity of the neighbourhood due to the generation of vehicular traffic, the attraction of customers or the reduction of car parking in the vicinity of the site, or
(d) in or on which is exhibited any advertisement relating to the provision of accommodation (other than an advertisement which would fit within an area of one square metre and that is exhibited in or on the premises to indicate that the premises provide bed and breakfast accommodation), or
(e) in which more than 5 bedrooms are used for paying guests, or
(f) used as a backpackers’ hostel, boarding house, serviced apartments, tourist accommodation or home activity.
(a) body building, or
(b) panel beating that involves dismantling, or
(c) spray painting other than of a touching-up character.
(a) the children number 6 or more, are under 6 years of age, and do not attend a government school, or a registered non-government school, within the meaning of the Education Act 1990, and
(b) the building or place does not provide residential care for any of the children (other than those related to the owner or operator).
(a) a main road,
(b) a State Highway,
(c) a freeway,
(d) a controlled access road,
(e) a secondary road,
(f) a tourist road,
(g) a tollway, or
(h) a State work.
(a) a public library,
(b) public health services,
(c) rest rooms,
(d) meeting rooms,
(e) indoor recreation,
(f) child minding, or
(g) any other like place or activity.
(a) removing soil, rubble or rock from land, or
(b) placing soil, rubble or rock on land, or
(c) relocating soil, rubble or rock from one point to another on land,
so that the natural ground level is altered by more than 50 centimetres at any point on the land, but excluding any works required for agriculture, landscaping and domestic gardening.
(a) a nature or scientific study or display facility such as a walking track, board walk, observation deck, bird hide or the like, or
(b) an environmental management or restoration facility such as a structure or work used for bush regeneration, swamp restoration, erosion and run-off prevention, dunal restoration or the like.
(a) except as provided in paragraph (b), the area of an allotment of land as it was at 16 June 1967, or
(b) where, as at 16 June 1967, a person owned two or more adjoining or adjacent allotments of land, the aggregation of those allotments as they were at that date,
being an allotment, that has, or an aggregation of allotments that have, not been subdivided otherwise than for a purpose referred to in clause 6 of State Environmental Planning Policy No 4—Development Without Consent.
(a) the winning of extractive material, or
(b) an undertaking, not being a mine, which depends for its operation on the winning of extractive material from the land on which it is carried on, and includes any stockpiling, washing, crushing, grinding, milling or separating into different sizes of that extractive material on that land.
(a) New South Wales Coastal Rivers Floodplain Management Studies: Main Report—The Nambucca Valley (July 1981),
(b) Macksville Flood Study: Report No PWD 83014 (April 1983),
(c) Lower Nambucca River: Flood Study—Report No NSW PW94003, ISBN 07310 27396 (February 1994),
(d) Nambucca Shire Environmental Study: Flood Prone Land (May 1983).
(a) columns, fin walls, sun control devices and any elements, projections or works outside the general line of the outer face of the external wall, and
(b) lift towers, cooling towers, machinery and plant rooms and ancillary storage space and vertical air-conditioning ducts, and
(c) car parking needed to meet any requirements of the Council and any internal access to that car parking, and
(d) space for the loading and unloading of goods.
(a) a podiatrist registered under the Podiatrists Act 2003, and
(b) a chiropractor registered under the Chiropractors Act 2001, and
(c) an optometrist registered under the Optometrists Act 2002, and
(d) an osteopath registered under the Osteopaths Act 2001, and
(e) a physiotherapist registered under the Physiotherapists Act 2001, and
(f) a practitioner of an alternative health therapy, such as acupuncture, aromatherapy, homeopathy, kinesiology, naturopathy, remedial massage and similar therapies.
(a) the primary use of the land is residential,
(b) the activity or pursuit does not and is not likely to:
(i) interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil, electrical interference or electrical emissions or otherwise,
(ii) involve exposure to view from any public place of any matter,
(iii) require the provision of any essential service infrastructure of a greater capacity than that available in the locality,
(iv) generate traffic out of keeping with the surrounding locality, or
(v) occupy a floor area exceeding 50 square metres, and
(c) the activity or pursuit is undertaken by the permanent residents of the dwelling (and not more than two persons other than those residents), and
(d) any exposure or offer for sale of items by retail from the premises is restricted to only those items prepared or manufactured on the land and the use of the premises for that purpose will not have a detrimental impact on any commercial area serving the locality.
(a) the employment of persons other than those residents, or
(b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise, or
(c) the display of goods, whether in a window or otherwise, or
(d) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling house or dwelling to indicate the name and occupation of the resident), or
(e) the sale of items (whether goods or materials) or the exposure or offer for sale of items, by retail.
(a) hospital,
(b) sanatorium,
(c) health centre,
(d) nursing home, or
(e) home for aged persons, infirm persons, incurable persons or convalescent persons,
whether public or private, and includes a shop or dispensary used in connection with it.
(a) the subdivision of land into 5 or more allotments, and
(b) the erection of a single dwelling-house on each of the allotments created by that subdivision.
(a) feed lots,
(b) piggeries,
(c) poultry farms, and
(d) similar land uses,
but does not include an animal establishment or the keeping of livestock or poultry intended solely for personal consumption or enjoyment by the owner or occupier of the land.
(a) a classified road, or
(b) a road connecting with a classified road, if the whole or any part of the frontage is within 90 metres (measured along the road alignment of the connecting road) of the alignment of the classified road.
(a) slipways, and
(b) facilities for the repair, maintenance and fuelling of, or the provision of accessories and parts for, boats or boating enthusiasts, and
(c) facilities for the storage or provision of food,
but does not include a pontoon, jetty, pier or the like which is not so used.
(a) registered medical practitioners, or
(b) dentists within the meaning of the Dental Practice Act 2001, or
(c) health care professionals,
and their support staff, for the purpose of medicine, dentistry or health care, not being a hospital or professional consulting rooms.
(a) not more than three registered medical practitioners, or
(b) not more than three registered dentists within the meaning of the Dental Practice Act 2001, or
(c) not more than three health care professionals,
who practise in that room or rooms the profession of medicine, dentistry or health care respectively, and if more than one, practise in partnership, and who employ not more than three employees in connection with that practice.
(a) railway, road, water or air transport, or wharf or river undertakings, or
(b) the provision of sewerage or drainage services, or
(c) the supply of water, hydraulic power, electricity or gas, or
(d), (e) (Repealed)
(f) fire fighting facilities, or
(g) paramedical facilities, or
(h) storing and collecting recyclable materials, where that undertaking does not occupy an area of more than 100 square metres,
and a reference to a person carrying on a public utility undertaking includes a reference to a council, county council, government department, corporation, firm or authority carrying on the undertaking.
(a) a children’s playground,
(b) an area used for sporting activities or sporting facilities, or
(c) an area used to provide facilities for passive recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by:
(i) the Council,
(ii) the Crown,
(iii) a body of persons associated for the purpose of the physical, cultural or intellectual welfare of persons within the community, or
(iv) any person entering a licence or lease agreement with the Council or the Crown for the use of land,
and includes a racecourse and showground.
(a) in, or on, which category 1 restricted publications or category 2 restricted publications, within the meaning of the Indecent Articles and Classified Publications Act 1975, are exposed, exhibited, sold or otherwise rendered accessible or available to the public, or
(b) in, or on, which a business to which Section 10 of the Indecent Articles and Classified Publications Act 1975 applies, is conducted.
(a) handling, treating, processing, storing or packing of primary products and raw materials, or
(b) regular servicing or repairing of plant or equipment used for the purpose of agriculture, aquaculture or a rural industry in the locality.
(a) the hiring of trailers,
(b) the retail selling or the installing of spare parts and accessories for motor vehicles,
(c) the washing and greasing of motor vehicles,
(d) the repairing or servicing of motor vehicles (other than body building, panel beating or spray painting),
(e) the retail selling or hiring of small consumer goods.
The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.
• Nambucca Local Environmental Plan 1995 (Amendment No 2)
• Nambucca Local Environmental Plan 1995 (Amendment No 3)
• Nambucca Local Environmental Plan 1995 (Amendment No 6)
• Nambucca Local Environmental Plan 1995 (Amendment No 9)
• Nambucca Local Environmental Plan 1995 (Amendment No 10)
• Nambucca Local Environmental Plan 1995 (Amendment No 11)
• Nambucca Local Environmental Plan 1995 (Amendment No 19)
• Nambucca Local Environmental Plan 1995 (Amendment No 21)
• Nambucca Local Environmental Plan 1995 (Amendment No 27)
• Nambucca Local Environmental Plan 1995 (Amendment No 38)
• Nambucca Local Environmental Plan 1995 (Amendment No 39)
• Nambucca Local Environmental Plan 1995 (Amendment No 42)
• Nambucca Local Environmental Plan 1995 (Amendment No 43)
• Nambucca Local Environmental Plan 1995 (Amendment No 45)
• Nambucca Local Environmental Plan 1995 (Amendment No 50)
• Nambucca Local Environmental Plan 1995 (Amendment No 52)
• Nambucca Local Environmental Plan 1995 (Amendment No 55)
• Nambucca Local Environmental Plan 1995 (Amendment No 56)
• Nambucca Local Environmental Plan 1995 (Amendment No 66)
In this plan, a reference to a building or place at which a land use is carried out includes a reference to a building or place at which the land use is intended to be carried out.
In this plan, a reference to a map is a reference to a map deposited in the office of the Council.
Where appearing on the map in relation to land within Zone No 5 (a), the words “Aboriginal Use” mean for use for residential and ancillary purposes, educational establishments, places of assembly, child care centres, general stores, home activities, places of public worship, public buildings, recreation establishments, recreation facilities and refreshment rooms.
Development of minimal environmental impact listed as exempt development in Nambucca Development Control Plan (DCP) No 10 Guidelines for Exempt and Complying Development as adopted by the Council on 19 July 2001 is
Development listed as complying development in Nambucca Development Control Plan (DCP) No 10 Guidelines for Exempt and Complying Development as adopted by the Council on 19 July 2001 is
(a) it is local development of a kind that can be carried out with consent on the land on which it is proposed, and
(b) it is not an existing use, as defined in section 106 of the Act.
Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Nambucca Development Control Plan (DCP) No 10 Guidelines for Exempt and Complying Development as adopted by the Council on 19 July 2001.
A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Nambucca Development Control Plan (DCP) No 10 Guidelines for Exempt and Complying Development adopted by the Council, as in force when the certificate is issued.
The Environmental Planning and Assessment Model Provisions 1980 except for:
(a) (Repealed)
(b) clauses 4 (1), 15, 29, 30, 31, 33 and 34,
are adopted for the purposes of this plan.
For the purposes of this plan, the Environmental Planning and Assessment Model Provisions 1980 are to be read as if:
(a) the word “widening” was omitted from clause 8 of Schedule 1, and
(b) clause 2 (f) (i) of Schedule 1 did not include development undertaken by the Council or by a person acting on behalf of the Council.
The Council is the consent authority for the purposes of this plan.
If any agreement, covenant or similar instrument prohibits a land use allowed by this plan, then it does not apply to that use (to the extent necessary to allow that use).
In accordance with section 28 of the Environmental Planning and Assessment Act 1979, the Governor approved of subclause (1) before this plan was made.
Land to which this plan applies must not be subdivided except with the consent of the Council.
Nothing in this plan requires consent of the Council for the subdivision of land for any of the following:
(a) widening or opening of a public road,
(b) (Repealed)
(c) rectifying an encroachment on an allotment,
(d) creating a public reserve,
(e) consolidating allotments,
(f) excising from an allotment land which is, or is intended to be, used for public purposes, including drainage purposes, bush fire brigade or other rescue service purposes or public conveniences, or
(g) defining land to be leased for the purpose of agriculture for a term of five or more years.
A person must not carry out development on unzoned land without the consent of the consent authority.
The consent authority may grant consent required by subclause (1) only for development that may be carried out with or without the consent of the consent authority on land immediately adjoining that unzoned land that is within a zone identified on the map.
In this clause:
The following zones apply as identified on the map:
1 (a1) Rural
1 (a2) Rural (Prime/Flooding)
1 (a3) Rural (Upper Water Catchment)
1 (a4) Rural (Lower Water Catchment)
1 (d) Rural (Future Urban)
1 (f) Rural (Forestry)
2 (a) Residential (Low-Medium Density)
2 (b) Residential (Medium-High Density)
2 (c) Residential (Flood Liable)
2 (d) Residential (Tourist)
2 (v) Residential (Village)
3 (a) General Business
4 (a) General Industrial
4 (b) Industrial (Business)
5 (a) Special Uses
5 (b) Special Uses (Railway)
6 (a) Public Recreation
6 (c) Private Recreation
7 (a) Environment Protection (Wetlands)
7 (b) Environment Protection (Vegetation Conservation)
7 (f) Environment Protection (Coastal Lands)
7 (g) Environment Protection (Archaeological)
8 (a) National Parks and Nature Reserves
9 Classified Road Reservation
10 Low Density Tourist
The following rural and environmental zones apply as identified on the map:
1 (a1) Rural
1 (a2) Rural (Prime/Flooding)
1 (a3) Rural (Upper Water Catchment)
1 (a4) Rural (Lower Water Catchment)
1 (d) Rural (Future Urban)
1 (f) Rural (Forestry)
7 (a) Environment Protection (Wetlands)
7 (b) Environment Protection (Vegetation Conservation)
7 (f) Environment Protection (Coastal Lands)
7 (g) Environment Protection (Archaeological)
The following development control table gives the objectives of each zone, a description of the zone and of the development that may be carried out without consent or only with consent or that is prohibited in the zone. Development consent must be obtained from the Council.
The Council must not grant development consent if in the opinion of the Council the proposed development is inconsistent with any of the objectives of the zone in which it is intended to be carried out.
The specific objectives for that part of the zone not designated for rural-residential development are:
(a) to encourage the productive and efficient use of land for agriculture, and
(b) to protect commercial agricultural enterprises, and
(c) to permit appropriate agriculture-related land uses, and certain non agriculture-related land uses, that will not adversely affect agricultural productivity.
The specific objectives for that part of the zone designated for rural-residential development are:
(a) to provide for small holding rural-residential living opportunities where appropriately located, and
(b) to control the density of rural-residential development and to ensure proper regard is given to suitable siting in regard to access, natural hazards, landscape quality and physical environment.
The general objectives for the entire zone are:
(a) to protect, conserve and enhance natural and scenic resources and wildlife habitat refuges and corridors, and
(b) to control development that could:
(i) have an adverse impact on rural character, or
(ii) create unreasonable or uneconomic demands for the provision or extension of public amenities and services, or
(iii) cause adverse physical effects such as erosion hazard, bush fire risk, flooding and other similar effects.
This zone identifies land which is of secondary agriculture value and includes localities identified as appropriate for rural-residential development.
Development for the purpose of:
• agriculture (other than animal establishments or intensive livestock keeping establishments); bush fire hazard reduction; dams used for agriculture; forestry; home-based child care; utility installations.
Exempt development.
Any development not included in Item 3 or 5.
Development of land (that is not shown edged with an indicative broken black line and as designated for rural-residential development on the map) for the purpose of:
• amusement parlours; boarding houses; brothels; clubs; commercial premises; hospitals; housing for aged or disabled persons; industries (other than rural industries, extractive industries and industries allowed by clause 24); institutions; integrated housing; light industries; liquid fuel depots; medical centres; motor showrooms; multi-dwelling housing; offensive or hazardous industries; recreation facilities; restricted premises; service stations; shops (other than general stores); taverns; tourist accommodation (other than rural tourist facilities); warehouses.
Development of land (that is shown edged with an indicative broken black line and as designated for rural-residential development on the map) for the purpose of:
• abattoirs; aerodromes; agricultural machinery showrooms; amusement parlours; animal establishments; boarding houses; bulk stores; bus depots; bus stations; car repair stations; clubs; commercial premises; extractive industries; helipads; heliports; hospitals; industries (other than home industries); institutions; integrated housing; intensive livestock keeping establishments; light industries; liquid fuel depots; medical centres; mines; motor showrooms; multi-dwelling housing; offensive or hazardous industries; recreation vehicle areas; recycling depots; restricted premises; rural industries; sawmills; service stations; shops (other than general stores); stock and saleyards; timber yards; tourist accommodation (other than rural tourist facilities); transport terminals; warehouses; waste disposal depots.
The objectives of this zone are:
(a) to protect commercial agricultural enterprises and land of prime agricultural value,
(b) to permit appropriate agriculture-related land uses and certain non agriculture-related land uses which will not adversely affect agricultural productivity,
(c) to prevent inappropriate development of prime crop and pasture land for purposes other than agriculture, and to discourage further subdivision,
(d) to ensure that development of land in that part of the zone which is liable to flooding is carried out in a manner appropriate to the flood hazard,
(e) to protect, conserve and enhance natural and scenic resources, wildlife habitat refuge areas and corridors, and
(f) to control development that could:
(i) have an adverse impact on the rural character of the land in the zone,
(ii) create unreasonable or uneconomic demands for the provision or extension of public amenities and services, or
(iii) be subjected to physical limitations such as erosion hazard, bush fire risk, flooding and the like.
This zone identifies land which is of prime agricultural value and/or is flood prone.
Development for the purpose of:
• agriculture (other than animal establishments or intensive livestock keeping establishments); bush fire hazard reduction; dams used for agriculture; forestry; home-based child care; utility installations.
Exempt development.
Any development not included in item 3 or 5.
Development for the purpose of:
• amusement parlours; boarding houses; brothels; camping grounds; caravan parks; car repair stations (other than the storage and servicing of vehicles associated with industries allowed by clause 24); cemeteries; clubs; commercial premises; crematoriums; exhibition houses; extractive industries within the area identified by clause 63; generating works; group homes; helipads; heliports; hospitals; hotels; housing for aged or disabled persons; industries (other than rural industries, industries allowed by clause 24 and extractive industries other than within the area identified by clause 63); institutions; integrated housing; light industries; liquid fuel depots; medical centres; motels; motor showrooms; multi-dwelling housing; multiple occupancy; offensive or hazardous industries; places of assembly; places of public worship; recreation facilities; recreation vehicle areas; recycling depots; refreshment rooms (other than associated with rural tourist facilities); restricted premises; service stations; shops (other than general stores); taverns; tourist accommodation; tourist facilities; warehouses; waste disposal depots.
The primary objective of this zone is to ensure that development is carried out in a manner that does not adversely affect downstream water quantity and quality.
The secondary objectives of this zone are:
(a) to ensure that the long-term potential and viability of good agricultural land is protected,
(b) to permit appropriate agriculture-related land uses and certain non agriculture-related land uses which will not adversely affect agricultural productivity,
(c) to protect, conserve and enhance natural and scenic resources, wildlife habitat refuge areas and corridors, and
(d) to control development that could:
(i) have an adverse impact on the downstream water quantity and quality and the rural character of the land through disturbance to the landscape from clearing, earthworks and access roads,
(ii) create unreasonable or uneconomic demands for the provision or extension of public amenities and services, or
(iii) be subjected to physical limitations such as erosion hazard, bush fire risk, flooding and the like.
The zone identifies the upper catchments of the Nambucca and Taylors Arm Rivers and their tributaries. The zone allows limited rural and rural-related activities.
Development for the purpose of:
• agriculture (other than animal establishments or intensive livestock keeping establishments); bush fire hazard reduction; dams used for agriculture; forestry; home-based child care; utility installations.
Exempt development.
Any development not included in Item 3 or 5.
Development for the purpose of:
• abattoirs; aerodromes; agricultural machinery showrooms; amusement parlours; animal establishments; boarding houses; brothels; bulk stores; bus depots; car repair stations; clubs; commercial premises; generating works; helipads; heliports; hospitals; hotels; housing for aged or disabled persons; industries (other than rural industries and extractive industries); institutions; integrated housing; intensive livestock keeping establishments; light industries; liquid fuel depots; medical centres; mines; motels; motor showrooms; multi-dwelling housing; multiple occupancies; offensive or hazardous industries; recreation vehicle areas; recycling depots; refreshment rooms; restricted premises; sawmills; service stations, shops (other than general stores); stock and saleyards; taverns; tourist accommodation; tourist facilities; transport terminals; warehouses; waste disposal depots.
The primary objective of this zone is to prevent development within the zone which would have a detrimental effect on the quantity and quality of the Council’s urban water supply.
The secondary objectives of this zone are:
(a) to ensure that the long-term potential and viability of good quality agricultural land is protected,
(b) to permit appropriate agriculture-related land uses and certain non agriculture-related land uses which will not adversely affect agricultural productivity and water quality,
(c) to protect, conserve and enhance natural and scenic resources, wildlife habitat refuge areas and corridors, and
(d) to control development that could:
(i) have an adverse impact on the downstream water quantity and quality and the rural character of the land through disturbance to the landscape from clearing, earthworks and access roads,
(ii) create unreasonable or uneconomic demands for the provision or extension of public amenities and services, or
(iii) be subjected to physical limitations such as erosion hazard, bush fire risk, flooding and the like.
The zone identifies land within the lower water catchment area serving the area’s urban water supply borefields at Bowraville.
Development for the purpose of:
• agriculture (other than animal establishments or intensive livestock keeping establishments); bush fire hazard reduction; dams used for agriculture; home-based child care; utility installations.
Exempt development.
Any development not included in Item 3 or 5.
Development for the purpose of:
• abattoirs; aerodromes; agricultural machinery showrooms; amusement parlours; animal establishments; boarding houses; brothels; bulk stores; bus depots; car repair stations; clubs; commercial premises; extractive industries within the area identified by clause 63; generating works; helipads; heliports; hospitals; housing for aged or disabled persons; industries (other than rural industries and extractive industries other than within the area identified by clause 63); institutions; integrated housing; intensive livestock keeping establishments; light industries; liquid fuel depots; medical centres; mines; motor showrooms; multi-dwelling housing; multiple occupancies; offensive or hazardous industries; recreation vehicle areas; recycling depots; restricted premises; sawmills; service stations; shops (other than general stores); stock and saleyards; taverns; tourist accommodation (other than rural tourist facilities); transport terminals; warehouses; waste disposal depots.
The objectives of this zone are:
(a) to identify land which is to be investigated in respect to its suitability for rezoning at a later date for urban purposes,
(b) to ensure that development within the zone is compatible with the anticipated urban development of the land,
(c) to ensure that development maintains the rural character of the locality and minimises disturbance to the landscape through clearing, earthworks and access roads,
(d) to ensure that development does not create unreasonable or uneconomic demands, or both, for provision or extension of public amenities or services, and
(e) to ensure that the release of land for urban purposes, by rezoning, does not take place unless:
(i) sufficient demand exists for the release of urban land, and
(ii) appropriate urban infrastructure and facilities are available to the land or can be provided to the land in a manner which does not create an unreasonable or uneconomic demand, or both, for the provision or extension of such infrastructure and facilities.
This zone applies to land identified for future urban development. The zone is intended to operate as a holding zone for land until it is released for urban development.
Development for the purpose of:
• agriculture (other than animal establishments and intensive livestock keeping establishments); bush fire hazard reduction; dams used for agriculture; forestry; home-based child care; utility installations.
Exempt development.
Any development not included in Item 3 or 5.
Development for the purpose of:
• abattoirs; aerodromes; agriculture machinery showrooms; amusement parlours; animal establishments; boarding houses; brothels; bulk stores; bus depots; car repair stations; clubs; commercial premises; garbage disposal areas; extractive industries; generating works; helipads; heliports; hospitals; hotels; housing for aged or disabled persons; industries (other than rural industries); institutions; integrated housing; intensive livestock keeping establishments; light industries; liquid fuel depots; medical centres; mines; motels; motor showrooms; multi-dwelling housing; multiple occupancies; offensive or hazardous industries; recreation vehicle areas; recycling depots; refreshment rooms; restricted premises; rural tourist facilities (other than bed and breakfast establishments); sawmills; service stations, shops; stock and saleyards; taverns; tourist facilities; tourist accommodation; transport terminals; warehouses; waste disposal depots.
The objective of this zone is to enable the continuance and expansion of forestry and development for associated purposes.
This zone identifies land dedicated as State forest and managed by the Forestry Commission of New South Wales.
Development for the purpose of:
• agriculture (other than animal establishments and intensive livestock keeping establishments); bush fire hazard reduction; any land use authorised under the Forestry Act 1916; public utility undertakings; recreation areas; roads; utility installations.
Exempt development.
Development for the purpose of:
• communications facilities; extractive industries; mining; sawmills.
Any development not included in Item 3 or 4.
The objectives of this zone are:
(a) to protect and conserve estuaries and wetlands to enable them to continue to function as breeding and feeding areas for birdlife, fish and shellfish,
(b) to ensure the ecological, scenic and other environmental attributes of functioning wetlands are not altered,
(c) to encourage and promote rehabilitation of previously disturbed wetlands, and
(d) to contribute to the implementation of State Environmental Planning Policy No 14—Coastal Wetlands.
The Environment Protection (Wetlands) zone contains all wetlands within the area of Nambucca identified in State Environmental Planning Policy No 14—Coastal Wetlands and by NSW Fisheries.
Nil.
Development for the purpose of:
• agriculture (other than animal establishments and intensive livestock keeping establishments); aquaculture; bed and breakfast establishments; building of levees; bush fire hazard reduction; camping grounds without buildings; clearing of native vegetation; drainage; dwelling-houses; environmental facilities; extractive industries; filling; home activities; recreation areas; roads; utility installations.
Any development not included in Item 4.
The objectives of this zone are:
(a) to promote the preservation, conservation and enhancement of significant indigenous fauna and flora and landscape features in the area of Nambucca,
(b) to prohibit development within this zone which is likely to have a detrimental effect on the habitat, landscape and/or scenic quality of the locality, and
(c) to enable the development of public works and ancillary recreation amenities where such development does not have significant detrimental effect on the habitat, landscape or scenic quality of the locality.
This zone identifies natural scenic and bushland areas of the Nambucca area not suitable for urban development. Such areas need to be protected and preserved for their value to the community as part of the natural heritage, their aesthetic value and value as a recreational, educational and scientific resource.
Development for the purpose of:
• bush fire hazard reduction.
Development for the purpose of:
• agriculture (other than animal establishments and intensive livestock keeping establishments); bed and breakfast establishments; clearing of native vegetation; community buildings; dwelling-houses; drainage; environmental facilities; home activities; recreation areas; roads; utility installations.
Any development not included in Item 3 or 4.
The objectives of this zone are:
(a) to protect environmentally sensitive coastal lands to preserve their scenic and natural environmental functions,
(b) to preserve wildlife habitats,
(c) to prevent development which would adversely affect (or be adversely affected, over both the short and long-term, by) coastal processes, and
(d) to enable the development of public works and recreation amenities where such development does not have significant detrimental effect on the habitat, landscape or scenic quality of the locality.
This zone identifies the coastal foreshore areas of the Nambucca Shire Council’s area, which are important environmental and recreational resources for residents and tourists of the area and the mid-north coast region. The zone also serves to protect development from coastal hazards as well as to ensure development does not adversely affect the ecology and scenic value of the coastal areas.
Development for the purpose of:
• bush fire hazard reduction.
Development for the purpose of:
• agriculture (other than animal establishments and intensive livestock keeping establishments); beach amenities; bed and breakfast establishments; camping grounds; caravan parks; clearing of native vegetation; community buildings; drainage; dwelling-houses; environmental facilities; extractive industries; forestry; home activities; jetties; oyster farming and ancillary buildings; picnic grounds; roads; recreation areas; utility installations.
Any development not included in Item 3 or 4.
The objective of this zone is to preserve areas that are of significance to the Aboriginal culture and to the local Aboriginal community because of their historical or mythological association.
The zone identifies Aboriginal archaeological sites of special significance to Aboriginal culture.
Nil.
Any development authorised under the National Parks and Wildlife Act 1974, including any development ordinarily incidental or subsidiary to that development.
Any development not included in Item 4.
Subdivision of land in rural and environmental zones must comply with the requirements of the following table:
Table
Zone | Minimum Lot Size |
1 (a1), 1 (a2), 1 (a4) 1 (f) | 40ha |
1 (a1) (shown inside broken black edging on map) | 0.5ha (sewered) 1ha (unsewered) |
1 (a3) | 100ha |
1 (d) | 40ha |
7 (a), 7 (b), 7 (f) &7 (g) | 40ha |
Nothing in subclause (1) prevents the Council from granting consent to an application to create a smaller lot:
(a) within Zone No 1 (a1), pursuant to clause 16, or
(b) comprised of land a part of which is within Zone No 1 (a1) (and shown inside an indicative broken black line on the map), of a minimum area of .5 hectares (sewered) or 1 hectare (unsewered), with the remaining part comprised of land within Zone No 1 (a1), 1 (a2) or 7 (a), if the smaller lot created will be used for a purpose allowed by the zoning or zonings of the lot,
(c) where it is a residue lot remaining after a subdivision pursuant to clause 16 comprising land within Zone No 1 (a1), 1 (a2) or 7 (a), on which a dwelling-house is erected, or
(d) within Zone No 1 (a1), 1 (a2), 1 (a3), 1 (a4) or 7 (a), for a permissible purpose other than agriculture, forestry or a dwelling-house, or
(e) in accordance with clause 12A.
This clause applies to land in Zone 1 (a1), 1 (a2), 1 (a3), 1 (a4), 1 (d), 7 (a), 7 (b), 7 (f) or 7 (g).
The aim of this clause is to provide flexibility in the application of standards for subdivision in rural and environmental protection zones, in order to allow landowners greater opportunities to achieve the objectives of the zones.
Despite clause 12 (1), the Council may consent to the subdivision of land by way of boundary adjustment between two adjoining allotments, providing:
(a) that subdivision will not result in a net increase in the number of lots, or dwelling entitlements, as permitted under clause 14, and
(b) if, before the boundary adjustment, there are no dwellings and no dwelling entitlements on one lot, then the result of the boundary adjustment must be that there are no dwellings or dwelling entitlements on one lot, and
(c) the net outcome of the subdivision is likely to assist in achievement of the objectives of the relevant zone, and
(d) the subdivision design will not establish a situation where the relative position of the existing or proposed improvements and rural activities on the new lots is likely to result in conflict.
An allotment created under subclause (3) may not be re-subdivided, except under this clause or clause 12.
In this clause,
The Council must not consent to development on rural land (except where shown inside the indicative broken black line on the map) without taking into consideration the effect of the carrying out of that development on:
(a) the present use of the land, the potential use of the land for the purpose of agriculture and the potential of any of the land which is prime crop and pasture land for sustained agricultural production,
(b) vegetation, timber production, land capability (including soil resources and soil stability) and water resources (including the quality and stability of water courses and ground water storage and riparian rights),
(c) the future recovery of known or prospective areas of valuable deposits of minerals, coal, sand, gravel or other extractive materials,
(d) the protection and conservation of areas of significance for nature conservation (including wildlife habitat areas and corridors, significant wetlands, dunes or remnant rainforest vegetation systems) or of high scenic or recreational value, and places and buildings of archaeological or heritage significance, including Aboriginal relics and places, and
(e) the cost of providing, extending and maintaining public amenities and services to the development.
As well as the matters referred to in subclause (1), the Council must take into consideration the relationship of the proposed development to development on adjoining land or on other land in the locality.
Subclause (1) does not apply to development, being:
(a) an addition to a building or work that will not significantly increase its size or output, or
(b) development ancillary to a land use for the purpose of which development may be carried out under this plan without the consent of the Council, or
(c) the erection of a dwelling-house or two dwellings on an allotment of land created in accordance with this plan primarily for the purpose of a dwelling-house or dual occupancy.
A dwelling-house may, with the consent of the Council, be erected on vacant land within Zone No 1 (a1), 1 (a2), 1 (a3), 1 (a4), 1 (d), 1 (f), 7 (a), 7 (b), 7 (f) or 7 (g) only where:
(a) in the case of land within Zone No 1 (d), the land has an area of not less than 40 hectares, or
(b) in the case of land within Zone No 1 (a1) (except where shown inside the indicative broken black line on the map), 1 (a2), 1 (a4), 1 (f), 7 (a), 7 (b), 7 (f) or 7 (g), the land has an area of not less than 40 hectares, or
(c) in the case of land within Zone No 1 (a3), the land has an area of not less than 100 hectares, or
(d) the land comprises an allotment created by a subdivision in accordance with clause 12 or 12A, including where consent was granted pursuant to State Environmental Planning Policy No 1—Development Standards, or
(e) the land comprises an allotment created by a subdivision to which consent was granted on or after 16 June 1967 (being the date on which Interim Development Order No 1—Shire of Nambucca took effect) and before 1 December 1995 (being the date on which Nambucca Local Environmental Plan 1995 took effect), being an allotment on which, if it had been vacant, a dwelling-house could have been erected before 1 December 1995, or
(e1) the land comprises an allotment resulting from a boundary alteration made to an allotment prescribed by paragraph (e) pursuant to Clause 6 of State Environmental Planning Policy No 4—Development Without Consent, or
(e2) the land comprises an allotment resulting from a boundary adjustment consented to under this plan or an allotment resulting from a boundary adjustment defined as complying development under this plan, but only where a dwelling may have legally been erected prior to the boundary adjustment, or
(e3) the land comprises an allotment resulting from a subdivision for road widening, but only where a dwelling may have legally been erected prior to the subdivision, or
(e4) the land comprises an allotment resulting from a subdivision for resumption for a public purpose, but only where a dwelling may have legally been erected prior to the subdivision, or
(f) the land comprises an allotment created by a subdivision (for the purpose of a boundary adjustment as referred to in clause 6 (1) (b) of State Environmental Planning Policy No 4—Development Without Consent) to which approval was granted (under the Local Government Act 1919) on or after 20 November 1987 and before 16 September 1993, or
(g) the land comprises an existing parcel, or
(h) in the case of land within Zone No 1 (a1) designated for rural-residential purposes on the map:
(i) if the land is connected to a reticulated sewer—the land has an area of not less than 0.5 hectares, or
(ii) if the land is not connected to a reticulated sewer—the land has an area of not less than 1 hectare.
Subject to subclause (3), the Council may grant consent to the erection of an additional dwelling-house on land to which subclause (1) applies on which a dwelling-house is already erected if:
(a) the additional dwelling-house will be actually occupied by a person related, employed or engaged by the owner of the land for the purpose of agriculture on that land, and
(b) the total number of dwellings erected on the land would not:
(i) exceed one for each 40 hectares of the land in the case of land within Zone No 1 (a1) (except where shown inside broken black edging on the map) or No 1 (a2), 1 (a4), 1 (d), 1 (f), 7 (a), 7 (b), 7 (f) or 7 (g), or
(ii) exceed one for each 100ha in the case of land within Zone No 1 (a3).
The Council must not grant consent to an additional dwelling-house pursuant to subclause (2) unless it is satisfied that the needs of existing agriculture on the land genuinely require that rural workers reside on the site.
A dwelling-house may, with the consent of the Council, be erected on an allotment of land on which another dwelling-house is erected where the use of the first mentioned dwelling-house will not commence until the use of the second mentioned dwelling-house has permanently ceased or it has been demolished or destroyed by a fire, a flood or a similar natural event.
Where development for the purpose of a dwelling-house may be carried out on an allotment of land within a rural zone, a person may, with the consent of the Council:
(a) alter or add to a dwelling-house erected on the allotment so as to create two dwellings, or
(b) erect two attached dwellings on the allotment.
This clause applies to development which consists of subdividing land and erecting dwelling-houses within Zone No 1 (a1) identified for rural-residential development purposes (being the land shown inside the indicative broken black line on the map).
The Council must not consent to a subdivision to which this clause applies unless the Council is satisfied that the subdivision design complies with the general principles set out in Schedule 1.
The Council must not consent to a subdivision of land to which this clause applies which creates allotments in a cluster housing development (whether to be effected under the Strata Titles Act 1973, or otherwise) unless the average area of land for each dwelling to be erected in carrying out the development will be at least 0.5 ha (where sewered) and at least 1 ha (where unsewered).
(Repealed)
The Council must not consent to development pursuant to this clause where the approval would result in a total number of lots created pursuant to this clause in a 5-year period exceeding the number specified by the Council.
This clause applies to land within Zone No 1 (a1).
Nothing in this clause prevents the carrying out of development, with the consent of the Council, for the purpose of multiple occupancy where:
(a) the land on which the development is carried out has an area of not less than 40 hectares, and
(b) the development does not exceed one dwelling for each 10 hectares of land, and
(c) the development consists of individual dwellings or groups or clusters of buildings which together function as dwelling-houses.
In determining a development application for such a consent, the Council must have regard to:
(a) the adequacy of public roads and bridges serving the land in relation to the additional traffic likely to be generated by the development, the cost of upgrading roads and bridges to a standard appropriate to the likely level of traffic and the sources of finance for any necessary road and bridge works,
(b) the availability of a water supply to the land for domestic, agricultural and fire fighting purposes and, where a proposed water supply is from a river, creek, dam or other waterway, the effect on other users of that water supply,
(c) the availability of electricity and telephone services,
(d) the availability of community facilities and services to meet the needs of the occupants of the land,
(e) whether adequate provision has been made for waste water and garbage disposal from the land,
(f) the impact on the vegetation cover of the land and any measures proposed for environmental protection, site rehabilitation or reafforestation,
(g) whether the land is subject to bush fires, flooding, soil erosion or landslip and, if so, the adequacy of any measures proposed to protect occupants, buildings, internal access roads, service installations and land adjoining the development from any such hazard,
(h) the visual impact of the proposed development on the landscape,
(i) the effect of the proposed development on the present and potential use, including agricultural use, of the land and of other land in the vicinity, and
(j) the effect of the proposed development on the quality of the water resources in the vicinity, and
(k) whether resources of gravel or other minerals or extractive deposits will be sterilised by the development.
The Council must not consent to an application for the carrying out of development on land for the purpose of multiple occupancy unless the site plan accompanying the application identifies:
(a) vegetated areas requiring environmental protection or areas where rehabilitation or reafforestation will be carried out,
(b) any part of the land which is subject to a risk of flooding, bush fire, landslip or erosion or any other physical constraint to development on the land,
(c) any areas of the land to be used for development other than for dwellings,
(d) the source and capacity of any water supply, electricity, telephone and waste water and garbage disposal systems for the dwellings,
(e) the proposed access from a public road to the area or areas in which the dwellings are to be situated,
(f) floor and elevation plans of the dwellings.
The Council must not consent to any such development unless:
(a) it has considered a bush fire hazard reduction plan of management for the site area, and
(b) it is satisfied that the allotments on which the development will be carried out will be consolidated into one parcel.
Whenever development is carried out on land in accordance with a consent granted pursuant to this clause, the carrying out of the following development on or with respect to that land is prohibited:
(a) development for the purpose of a residential flat building, motel, hotel, caravan park or any other type of holiday, tourist or weekend residential accommodation, and
(b) subdivision of the land other than subdivision pursuant to clause 9 (2) (paragraph (g) excepted).
For the purpose of this clause,
(a) any tree that is required or explicitly authorised by the Council to be cleared or any tree which may be cleared in pursuance of the provisions of any Act or statutory instrument or by any statutory authority in pursuance of an Act or statutory instrument,
(b) any noxious plants,
(c) any tree that represents a danger to life or property to such an extent that, in the opinion of Council, requires it being cleared,
(d) any tree required for the siting of a dwelling-house or building for which consent has been granted or sufficiently close to the structure to require its removal to reduce bush fire hazard,
(e) any tree for the purpose of bush fire hazard reduction, or
(f) any tree, if its destruction is for the purpose of or to facilitate rural fenceline construction in accordance with any necessary approval and any tree which is within 5 metres on either side of the fenceline.
Land within Zone No 1 (a1), 1 (a2), 1 (a3), 1 (a4) or 1 (d) may be cleared or logged for the purposes of agriculture or forestry without the consent of Council, except where:
(a) the land is at a slope in excess of 1 in 3,
(b) the land comprises a wildlife corridor or vegetation worthy of conservation identified by the Department of Conservation and Land Management’s Study entitled “Remnant Vegetation Conservation Significance”, and the map entitled “Significant Vegetation Types”, dated September 1994, or as amended by the Council,
(b) subdivide land less than 10 hectares in area within Zone 1 (a1).
This clause applies to land:
(a) having frontage to a State or regional road,
(b) to which the sole means of vehicular access is from a State or regional road, or
(c) to which there is vehicular access from a road which intersects with a State or regional road, where the point of access is within 90 metres of the intersection of the road and the State or regional road.
The Council must not grant consent to development on land to which this clause applies unless it has made an assessment of:
(a) whether the development by its nature or intensity, or the volume and type of traffic likely to be generated, is likely to constitute a traffic hazard or to materially reduce the capacity and efficiency of the classified road to carry traffic,
(b) whether the development is of a type that justifies a location in proximity to a State or regional road,
(c) whether the location, standard and design of access points, and on-site arrangements for vehicle movement and parking, ensure that through traffic movements on the State or regional road will not be impeded, and
(d) the extent to which the development might prejudice future improvements or realignment of the State or regional road, as may be indicated to the Council from time to time by the Roads and Traffic Authority.
Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
The owner of any land within Zone No 9 may, by notice in writing, require the RTA to acquire the land.
On receipt of such a notice, the RTA must acquire the land if:
(a) the land is vacant, or
(b) the land is not vacant but:
(i) the land is included in the five-year works program of the RTA current at the time of the receipt of the notice, or
(ii) the RTA has decided not to give concurrence to an application for consent to the carrying out of development on the land, or
(iii) the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time,
but the RTA is not required to acquire the land if it might reasonably be required to be dedicated for use as a public road.
A person may, with the consent of the Council, carry out development on land within Zone No 9:
(a) for a purpose for which development may be carried out on land in an adjoining zone, or
(b) for any other purpose which is compatible with development which may be carried out on land in an adjoining zone.
(Repealed)
Land acquired under this clause may be developed, with the consent of the Council, for any purpose, until such time as it is required for the purpose for which it was acquired.
In this clause:
A person must not construct a dam on any land to which this plan applies, except with the consent of the Council.
Despite subclause (1), development consent is not required if the dam is constructed for the purpose of agriculture and for no other purpose.
A dam is presumed not to be constructed for the purpose of agriculture if extractive material disturbed because of the construction of the dam is removed from the land on which the dam is constructed.
The public land described in Schedule 6 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.
The public land described in Schedule 7 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause.
Land described in Part 1 of Schedule 7 is land that was classified, or reclassified, as operational land before the application of the amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993.
Land described in Part 2 of Schedule 7:
(a) to the extent (if any) that the land is a public reserve, does not cease to be a public reserve, and
(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants by which it was affected before its classification, or reclassification, as the case requires, as operational land.
Land described in Columns 1 and 2 of Part 3 of Schedule 7, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except those specified opposite the land in Column 3 of Part 3 of Schedule 7.
In this clause,
Before the relevant amending plan inserted the description of land into Part 3 of Schedule 7, the Governor approved of subclause (4) applying to the land.
Notwithstanding any other provisions of this plan, development for the purpose of extractive industry is prohibited for a distance of 2 kilometres upstream of the Nambucca River from the Council’s water supply, borefields at Bowraville, as shown by cross hatching on the map and marked “Water Supply Protection Buffer”.
Despite any other provision of this plan, a person must not carry out development on any land:
(a) below high water mark,
(b) forming part of the bed of a river, creek, bay, lagoon or other natural watercourse shown uncoloured on the map, or
(c) which has been reclaimed,
without the consent of the consent authority.
The Council must not consent to the carrying out of any residential development on any land unless arrangements satisfactory to the Council have been made for the provision of all-weather vehicle access, water supply, drainage, telephone and electricity services and for the disposal of sewage.
Notwithstanding any other provision of this plan, a person must not, without the consent of Council, carry out works described in the following table on land of the class or classes specified for those works in that table and shown on the Acid Sulfate Soils Planning Map, except as provided by subclause (4).
Class of land as shown on Acid Sulfate Soils Planning Map | Works |
1 | Any works |
2 | Works below natural ground surface Works by which the watertable is likely to be lowered |
3 | Works beyond 1m below natural ground surface Works by which the watertable is likely to be lowered beyond 1m below natural ground surface |
4 | Works beyond 2m below natural ground surface Works by which the watertable is likely to be lowered beyond 2m below natural ground surface |
5 | Works within 500m of adjacent Class 1, 2, 3 or 4 land |
For the purpose of the table to subclause (1),
(a) any disturbance of more than one tonne of soil (such as occurs in carrying out agriculture, agriculture-related works, the construction of drains, extractive industries, dredging, the construction of artificial waterbodies (including canals, dams and detention basins) or foundations, or flood mitigation works), or
(b) any other works that are likely to lower the watertable.
Notwithstanding subclause (2)
This clause does not require consent for the carrying out of those works if the land is above 5m Australian Height Datum (AHD) or if:
(a) a copy of a preliminary assessment of the proposed works undertaken in accordance with the Acid Sulfate Soils Assessment Guidelines has been given to the Council, and
(b) the Council has provided written advice to the person proposing to carry out the works confirming that results of the preliminary assessment indicate the proposed works need not be carried out pursuant to an acid sulfate soils management plan prepared in accordance with the Acid Sulfate Soils Assessment Guidelines.
The Council must not grant a consent required by this clause unless it has considered:
(a) the adequacy of an acid sulfate soils management plan prepared for the proposed development in accordance with the Acid Sulfate Soils Assessment Guidelines, and
(b) the likelihood of the proposed development resulting in the discharge of acid water, and
(c) (Repealed)
This clause requires consent for development to be carried out by the Council, county councils or drainage unions despite:
(a) Clause 35 and items 2 and 11 of Schedule 1 to the Environmental Planning and Assessment Model Provisions 1980, as adopted by this plan, and
(b) Clause 10 of State Environmental Planning Policy No 4—Development Without Consent.
Notwithstanding the provisions of subclause (6), the following types of development may be carried out without consent by the Council or a county council:
(a) development consisting of emergency work,
(b) development consisting of routine maintenance,
(c) development consisting of minor work,
and development ancillary to that development, such as the carrying out of excavation work, the construction of accessways and the provision of power supplies.
Where the Council or a county council carries out development described in subclause (7) and encounters, or is reasonably likely to encounter, actual acid sulfate soils, the Council or county council must properly deal with those soils in accordance with the Acid Sulfate Soils Management Guidelines so as to minimise the actual or potential impact to the environment arising from disturbance of the soils.
In this Clause:
(a) because it has been (or is being) damaged by a natural disaster, an accident, an act of vandalism or a like occurrence, or
(b) because it has ceased to function or suddenly ceased to function adequately,
and includes work reasonably necessary to prevent or limit any further damage or malfunction.
The Council must not consent to any proposed development adversely impacted upon by railway-related noise and vibration, unless the development incorporates mitigation measures to the satisfaction of the Council.
(Clause 16)
(a) The allotments to be created by the subdivision are to be not less than 0.5 ha in area where connected to reticulated sewer and not less than 1ha in area where not connected to reticulated sewer,
(b) The design of each allotment to be created must be physically suitable for disposal of effluent; and adequate facilities must be able to be provided for the supply of water for domestic and fire fighting purposes,
(c) The proposed development must not create a demand for the unreasonable or uneconomic provision or extension of public amenities or public services, whether by the Council or by another public authority,
(d) The land to be subdivided must be linked by a bitumen road of at least two lane’s width to the nearest urban centre, except where:
• the subdivision will excise not more than three allotments (which must be contiguous) from land that comprised a single allotment on 1 December 1995 or from land that comprised two or more adjoining or adjacent allotments on that date all of which were then owned by the same person or persons, and
• the excised allotments and the residue allotment resulting from the subdivision will each have an area of 2ha or more, and
• the single allotment has not, or the adjoining or adjacent allotments have not, been subdivided since that date otherwise than to excise allotments each having an area of 40ha or more or to alter a boundary pursuant to clause 6 of State Environmental Planning Policy No 4—Development Without Consent,
(e) The design of allotments created by the subdivision is to be compatible with the suitability and capability of the land, as indicated by the map entitled “Department of Land and Water Conservation Urban Land Capability Map (2000)”,
(f) The allotments created by the subdivision will contain dwelling sites which are not affected by flooding, seasonally high watertable, slopes exceeding 25 per cent or significant vegetation areas,
(g) The allotments created by the subdivision will include flood free vehicle access,
(h) The proposed development will not create or increase ribbon development or adversely affect road safety,
(i) The allotments to be created by subdivision are designed to minimise the risk of damage by bush fires,
(j) The proposed development will not detract from the existing rural or scenic character of the locality,
(k) Road and access ways within the development site will be sited and designed to be efficient and practical, having regard to anticipated traffic volumes, while maintaining a rural character and minimising adverse environmental impact,
(l) The proposed development will maintain, where possible, the existing amount, diversity and form of native vegetation and wildlife habitat areas,
(m) The proposed development will not have the effect of significantly reducing the long-term agricultural production potential of the subject or adjoining land through fragmentation of prime agriculture land and/or loss of flood free stock refuge areas,
(n) The proposed development will not have an adverse effect on sources of extractive material or create or tend to create conflict between the development and existing or potential land use for the purpose of extractive industry,
(o) The proposed development will not lead to excessive soil erosion or runoff,
(p) The scientific, cultural or aesthetic significance of any Aboriginal or archaeological sites will not be detrimentally affected by the development,
(q) The aquatic environment and its water quality will not be detrimentally affected by the development,
(r) The proposed development will maintain adequate noise attenuation buffers between potential dwelling sites adjoining any railway or highway transport corridor.
(Clause 41)
(Clause 41)
(Clause 41)
(Clause 51)
Lots 48 and 99, DP 755537, South Arm Road and Adam Lane, Bowraville—recreation and bowling club; golf course; pre-school.
Lot 3, DP 842158 and Lot 9, DP 749152, Pacific Highway, Lower Nambucca—motor showroom.
Lot 3, DP 842158 and Lot 9, DP 749152, Pacific Highway, Lower Nambucca—car repair station.
Lots 1, 2 and 3, DP 32178, Pacific Highway, Macksville—the erection of a single dwelling-house on the combined area.
Lots 11, 12 and 18, DP 245262, Nursery Road, Macksville—camping ground and caravan park.
Lot 6, DP 245595 and Lot 53, DP 825987, Gumma Road, Macksville—industrial shed for the fabrication of water tanks.
Lot 2, DP 538542, River Street, Macksville—aquaculture.
White Albatross Caravan Park, Nambucca Heads (being the land identified as such by a plan Catalogue No MS 4624, a copy of which is deposited in the office of the Council)—conversion of existing dwelling-house into two storey multi-dwelling housing.
Crown land, Part Section 53 (excluding Allotments 1 and 2), Liston and Pilot Streets, Nambucca Heads—tourist accommodation; recreation establishments; recreation facilities and refreshment rooms (but only in conjunction with tourist accommodation or multi-dwelling housing).
Lot 72, DP 561932, Pacific Highway, Nambucca Heads—erection of motel and ancillary uses subject to compliance with the State Government’s Flood Plain Development Manual published in 1986, a copy of which is deposited in the office of the Council.
Crown land, Lot 1, DP 822827 being part of R63811 (Headland Reserve), Nambucca Heads on which the Headland Caravan Park is situated—caravan park; camping ground; holiday cabins; refreshment rooms.
Lot 26, DP 790194, Faringdon Way and Part Lot 77, DP 832082, containing an area 14.77ha fronting Bellwood Road, Nambucca Heads—multi-dwelling housing at the ratio of one dwelling-house per 230m
Lot 7, DP 791609, Marshall Way, Nambucca Heads—commercial premises.
Lot 51, DP 613620, Foxs Road, Nambucca Heads—crematorium.
Lot 2, DP 245263, Nursery Road—motor showroom.
Lot 1, DP 211284, Greenhills Road, Upper Taylors Arm Village—intensive livestock keeping (rabbit farming).
Lot 86, DP 755560, Mitchells Road, Valla—community title subdivision into 6 lots under the Community Land Development Act 1989, comprising:
(a) association property having an area of not less than 50 hectares, and
(b) the erection of one dwelling-house on each of the remaining 5 lots.
(Clause 62)
(Clause 62A)
Short Street | Part Reserve 63695 for Public Recreation |
Column 1 | Column 2 | Column 3 |
Locality | Description | Trusts etc not discharged |
Tilly Willy Street | Lot 1, DP 1011698, Tilly Willy Street, Macksville, as shown by distinctive colouring on the map marked “Nambucca Local Environmental Plan 1995 (Amendment No 38)”—Nambucca Local Environmental Plan 1995 (Amendment No 38) | Nil. |
Short Street | Part of Lot 2, DP 864792, as shown coloured pink and edged heavy red on the map marked “Nambucca Local Environmental Plan 1995 (Amendment No 42)” | Nil. |
Max Graham Drive | Lot 21 in DP 853585, as shown edged heavy black on the map marked “Nambucca Local Environmental Plan 1985 (Amendment No 36)”—Nambucca Local Environmental Plan 1995 (Amendment No 36) | Easement to drain sewage. Easement to drain water. |
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