Port Macquarie-Hastings Local Environmental Plan 2011 (NSW)
This Plan is Port Macquarie-Hastings Local Environmental Plan 2011.
This Plan commences on the day on which it is published on the NSW legislation website.
This Plan aims to make local environmental planning provisions for land in Port Macquarie-Hastings in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to protect, conserve and sustainably manage the ecological biodiversity and natural environment of the Port Macquarie-Hastings area,
(b) to facilitate a strong and diverse local economy within the Port Macquarie-Hastings area,
(c) to manage and coordinate the orderly, equitable and economic use and development of land within the Port Macquarie-Hastings area,
(d) to facilitate the provision and coordination of community services and facilities within the Port Macquarie-Hastings area,
(e) to facilitate adaptive planning for natural hazards and risks, including flooding, erosion, inundation, land stability, bush fire risk and acid sulfate soils within the Port Macquarie-Hastings area,
(f) to reinforce the role of the Port Macquarie-Hastings area’s settlement hierarchy, centred on Port Macquarie and supported by its surrounding towns and villages,
(g) to ensure the effective management of public assets within the Port Macquarie-Hastings area,
(h) to provide a land use framework for development within the Port Macquarie-Hastings area that is safe, inclusive and equitable, and caters for the housing, employment, entertainment, cultural, welfare and recreational needs of residents and visitors,
(i) to ensure that development does not conflict with the hierarchy of business and retail centres in the Port Macquarie-Hastings area and the role of the Greater Port Macquarie Central Business District as the focal point for subregional functions and service delivery,
(j) to identify and protect features of environmental, cultural or visual importance within the Port Macquarie-Hastings area,
(k) to ensure that new urban development makes a positive contribution to the public domain and streetscape,
(l) to facilitate efficient use of urban land and infrastructure by appropriate staging of development and ensuring appropriate density of development,
(m) to provide effective and efficient connectivity and movement corridors within and between subdivisions.
This Plan applies to the land identified on the Land Application Map.
(Repealed)
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
Notes in this Plan are provided for guidance and do not form part of this Plan.
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(Repealed)
Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
The following local environmental plans are repealed—
• Hastings Local Environmental Plan 1987
• Hastings Local Environmental Plan 2001
• Port Macquarie-Hastings (Area 13 Thrumster) Local Environmental Plan 2008
All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.
This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
• Clause 9 of State Environmental Planning Policy (Rural Lands) 2008
For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
This clause does not affect the rights or interests of any public authority under any registered instrument.
Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
The land use zones under this Plan are as follows—
• Rural Zones RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
RU5 Village
RU6 Transition
• Residential Zones R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
R5 Large Lot Residential
• Employment Zones E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
E5 Heavy Industrial
• Mixed Use Zones MU1 Mixed Use
• Special Purpose Zones SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
SP4 Enterprise
• Recreation Zones RE1 Public Recreation
RE2 Private Recreation
• Conservation Zones C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
• Waterway Zones W1 Natural Waterways
W2 Recreational Waterways
W3 Working Waterways
W4 Working Waterfront
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
This clause is subject to the other provisions of this Plan.
Schedule 1 sets out additional permitted uses for particular land.
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
Clause 2.6 requires consent for subdivision of land.
Part 5 contains other provisions which require consent for particular development.
Development may be carried out on unzoned land only with development consent.
In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
Land to which this Plan applies may be subdivided, but only with development consent.
If a subdivision is specified as
Part 6 of State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is
Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
The definition of
The demolition of a building or work may be carried out only with development consent.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.
Development consent must not be granted unless the consent authority is satisfied that—
(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Canal estate development is prohibited on land to which this Plan applies.
In this Plan,
(a) a constructed canal, or other waterway or waterbody, that—
(i) is inundated by surface water or groundwater movement, or
(ii) drains to a waterway or waterbody by surface water or groundwater movement, and
(b) the erection of a dwelling, and
(c) one or both of the following—
(i) the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,
(ii) excavation to create a waterway.
Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—
(a) carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and
(b) limited to the minimum reasonable size and capacity.
In this clause—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
• State Environmental Planning Policy (Housing) 2021
• State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
• State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
• State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
• State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
• State Environmental Planning Policy (Primary Production) 2021, Chapter 2
• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
• To encourage diversity in primary industry enterprises and systems appropriate for the area.
• To minimise the fragmentation and alienation of resource lands.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
Extensive agriculture; Home occupations; Horticulture
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Building identification signs; Business identification signs; Cellar door premises; Community facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Helipads; Home-based child care; Home businesses; Home industries; Industrial retail outlets; Intensive livestock agriculture; Intensive plant agriculture; Open cut mining; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings;
Any development not specified in item 2 or 3
• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
• To maintain the rural landscape character of the land.
• To provide for a range of compatible land uses, including extensive agriculture.
• To provide for rural tourism that does not compromise the primary industry capabilities of the land and is based on the rural attributes of the land.
• To secure a future for agriculture in the area by minimising loss of potential agricultural productivity and fragmentation of rural land.
Extensive agriculture; Home occupations; Horticulture
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Building identification signs; Business identification signs; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Centre-based child care facilities; Community facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Helipads; Home-based child care; Home businesses; Home industries; Industrial retail outlets; Information and education facilities; Places of public worship; Recreation areas; Respite day care centres; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Water recreation structures
Any development not specified in item 2 or 3
• To enable development for forestry purposes.
• To enable other development that is compatible with forestry land uses.
Uses authorised under the Forestry Act 2012 or under Part 5B (Private native forestry) of the Local Land Services Act 2013
Agriculture; Aquaculture Extractive industries; Roads
Any development not specified in item 2 or 3
• To provide for a range of land uses, services and facilities that are associated with a rural village.
• To permit development that is appropriate in scale and type with the characteristics of a rural village.
• To minimise conflict between land uses within the zone and land uses within adjoining zones.
Home occupations
Agriculture; Amusement centres; Animal boarding or training establishments; Attached dwellings; Backpackers’ accommodation; Bed and breakfast accommodation; Boarding houses; Business premises; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Entertainment facilities; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Farm buildings; Flood mitigation works; Group homes; Health services facilities; Heliports; Home-based child care; Home businesses; Hotel or motel accommodation; Industrial retail outlets; Information and education facilities; Light industries; Local distribution premises; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Retail premises; Roads; Schools; Secondary dwellings; Semi-detached dwellings; Service stations; Signage; Tank-based aquaculture; Veterinary hospitals; Waste or resource transfer stations; Water recreation structures
Hardware and building supplies; Landscaping material supplies; Markets; Plant nurseries; Pond-based aquaculture; Roadside stalls; Specialised retail premises; Timber yards; Vehicle sales or hire premises; Any other development not specified in item 2 or 3
• To protect and maintain land that provides a transition between rural and other land uses of varying intensities or environmental sensitivities.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
Extensive agriculture; Home occupations; Horticulture
Agriculture; Animal boarding or training establishments; Building identification signs; Business identification signs; Cemeteries; Community facilities; Crematoria; Dual occupancies (attached); Dwelling houses; Emergency services facilities; Environmental facilities; Environmental protection works; Farm buildings; Flood mitigation works; Forestry; Helipads; Home businesses; Information and education facilities; Oyster aquaculture; Recreation areas; Roads; Tank-based aquaculture
Intensive livestock agriculture; Any other development not specified in item 2 or 3
• To provide for the housing needs of the community.
• To provide for a variety of housing types and densities.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
Home occupations
Attached dwellings; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dwelling houses; Group homes; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Backpackers’ accommodation; Boat building and repair facilities; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Electricity generating works; Entertainment facilities; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Local distribution premises; Marinas; Mooring pens; Mortuaries; Open cut mining; Passenger transport facilities; Port facilities; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sewerage systems; Sex services premises; Signage; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water storage facilities; Water treatment facilities; Wharf or boating facilities; Wholesale supplies
• To provide for the housing needs of the community within a low density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To provide for low density housing that does not compromise the environmental, scenic or landscape qualities of land.
Home occupations
Bed and breakfast accommodation; Building identification signs; Business identification signs; Cemeteries; Centre-based child care facilities; Community facilities; Dual occupancies (attached); Dwelling houses; Educational establishments; Emergency services facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Group homes; Health consulting rooms; Home-based child care; Home businesses; Home industries; Information and education facilities; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Tank-based aquaculture; Water recreation structures
Any development not specified in item 2 or 3
• To provide for the housing needs of the community within a medium density residential environment.
• To provide a variety of housing types within a medium density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
Home occupations
Attached dwellings; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Group homes; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Respite day care centres; Roads; Seniors housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Car parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Dual occupancies; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Local distribution premises; Marinas; Mooring pens; Mortuaries; Open cut mining; Passenger transport facilities; Port facilities; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Restricted premises; Rural industries; Rural workers’ dwellings; Semi-detached dwellings; Service stations; Sewerage systems; Sex services premises; Signage; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Wharf or boating facilities; Wholesale supplies
• To provide for the housing needs of the community within a high density residential environment.
• To provide a variety of housing types within a high density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To provide for tourist and visitor accommodation in key tourist precincts of urban areas of the Council area, while also encouraging increased population levels.
• To encourage development that has regard to the desired future character of streets and supports active and safe uses at pedestrian level.
Home occupations
Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Food and drink premises; Neighbourhood shops; Oyster aquaculture; Places of public worship; Residential flat buildings; Respite day care centres; Roads; Shop top housing; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Attached dwellings; Boat building and repair facilities; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Dual occupancies; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Local distribution premises; Marinas; Mooring pens; Mortuaries; Multi dwelling housing; Open cut mining; Passenger transport facilities; Port facilities; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Restricted premises; Rural industries; Rural workers’ dwellings; Semi-detached dwellings; Service stations; Sewerage systems; Sex services premises; Signage; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Wharf or boating facilities; Wholesale supplies
• To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.
• To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.
• To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
Home occupations
Bed and breakfast accommodation; Business identification signs; Dual occupancies (attached); Dwelling houses; Oyster aquaculture; Pond-based aquaculture; Roads; Secondary dwellings; Seniors housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Car parks; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Electricity generating works; Entertainment facilities; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Local distribution premises; Marinas; Mooring pens; Mortuaries; Open cut mining; Passenger transport facilities; Port facilities; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Restricted premises; Rural industries; Service stations; Sewerage systems; Sex services premises; Signage; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste or resource management facilities; Water treatment facilities; Wharf or boating facilities; Wholesale supplies
• To provide a range of retail, business and community uses that serve the needs of people who live in, work in or visit the area.
• To encourage investment in local commercial development that generates employment opportunities and economic growth.
• To enable residential development that contributes to a vibrant and active local centre and is consistent with the Council’s strategic planning for residential development in the area.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
• To provide a focal point for the neighbourhood community.
Home occupations
Amusement centres; Artisan food and drink industries; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Home industries; Hostels; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation facilities (indoor); Respite day care centres; Service stations; Shop top housing; Tank-based aquaculture; Veterinary hospitals; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Camping grounds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Marinas; Mooring pens; Mortuaries; Open cut mining; Research stations; Residential accommodation; Rural industries; Sewerage systems; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste or resource management facilities; Wharf or boating facilities; Wholesale supplies
• To strengthen the role of the commercial centre as the centre of business, retail, community and cultural activity.
• To encourage investment in commercial development that generates employment opportunities and economic growth.
• To encourage development that has a high level of accessibility and amenity, particularly for pedestrians.
• To enable residential development only if it is consistent with the Council’s strategic planning for residential development in the area.
• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
• To ensure new residential accommodation and tourist and visitor accommodation within the zone does not conflict with the primary function of the centre for retail and business use.
• To provide for the retention and creation of view corridors and pedestrian links throughout the Greater Port Macquarie city centre.
Home occupations
Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Home industries; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Mortuaries; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Vehicle repair stations; Veterinary hospitals; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Camping grounds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Marinas; Mooring pens; Open cut mining; Research stations; Residential accommodation; Rural industries; Sewerage systems; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste or resource management facilities; Wharf or boating facilities; Wholesale supplies
• To provide a range of facilities and services, light industries, warehouses and offices.
• To provide for land uses that are compatible with, but do not compete with, land uses in surrounding local and commercial centres.
• To maintain the economic viability of local and commercial centres by limiting certain retail and commercial activity.
• To provide for land uses that meet the needs of the community, businesses and industries but that are not suited to locations in other employment zones.
• To provide opportunities for new and emerging light industries.
• To enable other land uses that provide facilities and services to meet the day to day needs of workers, to sell goods of a large size, weight or quantity or to sell goods manufactured on-site.
• To minimise conflict between land uses within the zone and with adjoining zones.
• To ensure development makes a positive contribution to the public domain and streetscape.
• To create employment environments within large scale developments that are of high visual quality and relate favourably in architectural and landscape treatment to the large scale development.
• To ensure that development does not conflict with the hierarchy of business and retail centres in the Port Macquarie-Hastings region and the role of the Greater Port Macquarie Central Business District as the focal point for subregional functions and service delivery.
Nil
Animal boarding or training establishments; Boat building and repair facilities; Business premises; Centre-based child care facilities; Community facilities; Depots; 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; Service stations; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Wholesale supplies; Any other development not specified in item 2 or 4
Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industries; Marinas; Mooring pens; Open cut mining; Port facilities; Registered clubs; Residential accommodation; Restricted premises; Rural industries; Sewerage systems; Sex services premises; Tourist and visitor accommodation; Transport depots; Truck depots; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities
• 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.
Nil
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; Kiosks; Landscaping material supplies; Light industries; Local distribution premises; Medical centres; Neighbourhood shops; Oyster aquaculture; Plant nurseries; Pubs; 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
Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Commercial premises; Eco-tourist facilities; Entertainment facilities; Exhibition homes; Exhibition villages; Farm buildings; Function centres; Hazardous storage establishments; Health services facilities; Heavy industries; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Information and education facilities; Marinas; Mooring pens; Offensive storage establishments; Passenger transport facilities; Public administration buildings; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Schools; Tourist and visitor accommodation; Water recreation structures; Water storage facilities; Wharf or boating facilities
• 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 other land uses that provide facilities or services to meet the day to day needs of workers in the area.
Nil
Data centres; Depots; Freight transport facilities; General industries; Hazardous storage establishments; Heavy industries; Industrial training facilities; Kiosks; Offensive storage establishments; Oyster aquaculture; Take away food and drink premises; Tank-based aquaculture; Timber yards; Warehouse or distribution centres; Any other development not specified in item 2 or 4
Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Community facilities; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Farm buildings; Function centres; Health services facilities; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Information and education facilities; Light industries; Local distribution premises; Marinas; Mooring pens; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Self-storage units; Tourist and visitor accommodation; Veterinary hospitals; Water recreation structures; Water storage facilities; Wharf or boating facilities; Wholesale supplies
• To encourage a diversity of business, retail, office and light industrial land uses that generate employment opportunities.
• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
Home occupations
Amusement centres; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Hostels; Information and education facilities; Light industries; Local distribution premises; Medical centres; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Camping grounds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial training facilities; Industries; Marinas; Mooring pens; Mortuaries; Open cut mining; Research stations; Residential accommodation; Rural industries; Sewerage systems; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Waste or resource management facilities; Wharf or boating facilities
• 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.
Nil
Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
Any development not specified in item 2 or 3
• To provide for infrastructure and related uses.
• To prevent development that is not compatible with or that may detract from the provision of infrastructure.
Nil
The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Aquaculture; Roads
Any development not specified in item 2 or 3
• To provide for a variety of tourist-oriented development and related uses.
Nil
Agricultural produce industries; Amusement centres; Aquaculture; Artisan food and drink industries; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Cellar door premises; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Eco-tourist facilities; Educational establishments; Emergency services facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Food and drink premises; Function centres; Heliports; Information and education facilities; Kiosks; Marinas; Medical centres; Mooring pens; Neighbourhood shops; Passenger transport facilities; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Roads; Service stations; Tourist and visitor accommodation; Water recreation structures
Any other development not specified in item 2 or 3
• To provide for development and land uses that support enterprise and productivity.
• To provide a range of office and light industrial uses.
• To encourage employment opportunities.
• To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
• To create employment environments within large scale developments that are of high visual quality and relate favourably in architectural and landscape treatment to the large scale development.
• To ensure that development does not conflict with the hierarchy of business and retail centres in the Port Macquarie-Hastings region and the role of the Greater Port Macquarie Central Business District as the focal point for subregional functions and service delivery.
Nil
Building identification signs; Business identification signs; Garden centres; Hardware and building supplies; Light industries; Liquid fuel depots; Neighbourhood shops; Oyster aquaculture; Respite day care centres; Self-storage units; Take away food and drink premises; Tank-based aquaculture; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4
Agriculture; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Eco-tourist facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Funeral homes; Heavy industrial storage establishments; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industries; Marinas; Mooring pens; Open cut mining; Registered clubs; Research stations; Residential accommodation; Retail premises; Rural industries; Sewerage systems; Sex services premises; Tourist and visitor accommodation; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Waste or resource management facilities; Water recreation structures; Wharf or boating facilities
• 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.
Nil
Advertising structures; Aquaculture; Building identification signs; Business identification signs; Camping grounds; Car parks; Caravan parks; Centre-based child care facilities; Community facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Information and education facilities; Kiosks; Marinas; Mooring pens; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Roads; Water recreation structures
Any development not specified in item 2 or 3
• To enable land to be used for private open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
Nil
Aquaculture; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Charter and tourism boating facilities; Centre-based child care facilities; Community facilities; Emergency services facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Information and education facilities; Kiosks; Marinas; Mooring pens; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restaurants or cafes; Roads; Take away food and drink premises; Water recreation structures
Any development not specified in item 2 or 3
• To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.
• To enable uses authorised under the National Parks and Wildlife Act 1974.
• To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.
Uses authorised under the National Parks and Wildlife Act 1974
Nil
Any development not specified in item 2 or 3
• To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
• To prevent development that could destroy, damage or otherwise have an adverse effect on those values.
• To protect coastal wetlands and littoral rainforests.
• To protect land affected by coastal processes and environmentally sensitive land.
• To prevent development that adversely affects, or would be adversely affected by, coastal processes.
• To enable development of public works and environmental facilities where such development would not have an overall detrimental impact on ecological, scientific, cultural or aesthetic values.
Nil
Environmental facilities; Environmental protection works; Oyster aquaculture; Recreation areas; Research stations; Roads
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• 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.
Home occupations
Community facilities; Dwelling houses; Emergency services facilities; Environmental facilities; Environmental protection works; Home-based child care; Home businesses; Horticulture; Information and education facilities; Kiosks; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Research stations; Roads; Tank-based aquaculture; Water recreation structures
Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.
• To ensure that residential development does not have an adverse effect on those values.
Home occupations
Backpackers’ accommodation; Bed and breakfast accommodation; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Educational establishments; Emergency services facilities; Environmental facilities; Environmental protection works; Home-based child care; Home businesses; Horticulture; Information and education facilities; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Research stations; Respite day care centres; Roads; Tank-based aquaculture; Water recreation structures
Industries; Local distribution premises; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect the ecological and scenic values of natural waterways.
• To prevent development that would have an adverse effect on the natural values of waterways in this zone.
• To provide for sustainable fishing industries and recreational fishing.
Nil
Aquaculture Building identification signs; Business identification signs; Environmental facilities; Environmental protection works; Jetties; Research stations
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect the ecological, scenic and recreation values of recreational waterways.
• To allow for water-based recreation and related uses.
• To provide for sustainable fishing industries and recreational fishing.
Nil
Aquaculture; Boat sheds; Building identification signs; Business identification signs; Charter and tourism boating facilities; Emergency services facilities; Environmental facilities; Environmental protection works; Kiosks; Marinas; Mooring pens; Moorings; Passenger transport facilities; Recreation areas; Roads; Water recreation structures
Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Seniors housing; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To enable the efficient movement and operation of commercial shipping, water-based transport and maritime industries.
• To promote the equitable use of waterways, including appropriate recreational uses.
• To minimise impacts on ecological values arising from the active use of waterways.
• To provide for sustainable fishing industries.
Nil
Aquaculture; Boat building and repair facilities; Boat sheds; Building identification signs; Business identification signs; Charter and tourism boating facilities; Emergency services facilities; Environmental facilities; Environmental protection works; Freight transport facilities; Helipads; Marinas; Mooring pens; Moorings; Passenger transport facilities; Port facilities; Water recreation structures; Wharf or boating facilities
Any development not specified in item 2 or 3
• To retain and encourage industrial and maritime activities on foreshores.
• To identify sites for maritime purposes and for activities requiring direct foreshore access.
• To ensure that development does not have an adverse impact on the environment and visual qualities of the foreshore.
• To encourage employment opportunities.
• To minimise any adverse effect of development on land uses in other zones.
• To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
• To ensure that industrial activities require direct waterfront access or are associated with other industrial activities that require direct waterfront access.
Nil
Aquaculture; Boat building and repair facilities; Boat launching ramps; Jetties; Kiosks; Light industries; Take away food and drink premises; Any other development not specified in item 2 or 4
Advertising structures; Agriculture; Airstrips; Amusement centres; Animal boarding or training establishments; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Commercial premises; Community facilities; Correctional centres; Crematoria; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Function centres; Health services facilities; Heavy industrial storage establishments; Heavy industries; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Information and education facilities; Local distribution premises; Marinas; Mooring pens; Mortuaries; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Rural industries; Service stations; Sewerage systems; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water storage facilities; Wholesale supplies
The objective of this clause is to identify development of minimal environmental impact as exempt development.
Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
To be exempt development, the development—
(a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and
(b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c) must not be designated development, and
(d) must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—
(a) the building has a current fire safety certificate or fire safety statement, or
(b) no fire safety measures are currently implemented, required or proposed for the building.
To be exempt development, the development must—
(a) be installed in accordance with the manufacturer’s specifications, if applicable, and
(b) not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.
See State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 and the Local Land Services Act 2013, Part 5A.
A heading to an item in Schedule 2 is part of that Schedule.
The objective of this clause is to identify development as complying development.
Development specified in Part 1 of Schedule 3 that is carried out in compliance with—
(a) the development standards specified in relation to that development, and
(b) the requirements of this Part,
is complying development.
See also clause 5.8 (3) which provides that the conversion of fire alarms is complying development in certain circumstances.
To be complying development, the development must—
(a) be permissible, with development consent, in the zone in which it is carried out, and
(b) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c) have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.
A heading to an item in Schedule 3 is part of that Schedule.
Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
For the purposes of this clause—
(a) the coastal waters of the State,
(b) a coastal lake,
(c) land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(d) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e) land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f) land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g) land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h) land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(i) land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j) land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.
The objectives of this clause are as follows—
(a) to ensure that lot sizes are compatible with local environmental values and constraints,
(b) to facilitate efficient use of land resources for residential and other human purposes,
(c) to minimise the fragmentation of rural land suitable for sustainable primary production,
(d) to protect high ecological, scientific, cultural or aesthetic values of land in conservation zones.
This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
If a lot is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included when calculating the size of the lot for the purposes of this clause.
This clause does not apply in relation to the subdivision of any land—
(a) by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or
(b) by any kind of subdivision under the Community Land Development Act 2021.
The objectives of this clause are as follows—
(a) to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.
This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 2021 of land in any of the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone R2 Low Density Residential,
(d) Zone R5 Large Lot Residential,
(e) Zone C2 Environmental Conservation,
(f) Zone C3 Environmental Management,
but does not apply to a subdivision by the registration of a strata plan.
The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 2021) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
Despite subclause (3), development consent may be granted for the subdivision of a lot for a community title scheme on land identified as “Area 1” on the Lot Size Map if—
(a) each lot size will be at least 4,000 square metres, and
(b) each lot will be served by a co-operative scheme for the common disposal of effluent.
This clause applies despite clause 4.1.
The objective of this clause is to encourage housing diversity without adversely impacting on residential amenity.
This clause applies to development on land in the following zones—
(a) Zone R1 General Residential,
(b) Zone R3 Medium Density Residential,
(c) Zone R4 High Density Residential.
Development consent may be granted to a single development application for development to which this clause applies that is both of the following—
(a) the subdivision of land into 2 or more lots,
(b) the erection of an attached dwelling, a semi-detached dwelling or a dwelling house on each lot resulting from the subdivision.
The objectives of this clause are as follows—
(a) to provide for the subdivision of lots that are within more than one zone but cannot be subdivided under clause 4.1,
(b) to ensure that the subdivision occurs in a manner that promotes suitable land use and development.
This clause applies to each lot (an original lot) that contains—
(a) land in a residential, employment or mixed use zone or land in Zone SP4 Enterprise or Zone W4 Working Waterfront, and
(b) land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU6 Transition, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living.
Despite clause 4.1, development consent may be granted to subdivide an original lot to create other lots (the resulting lots) if—
(a) one of the resulting lots will contain—
(i) land in a residential, employment or mixed use zone or land in Zone SP4 Enterprise or Zone W4 Working Waterfront that has an area that is not less than the minimum lot size shown on the Lot Size Map in relation to that land, and
(ii) all the land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU6 Transition, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living, and
(b) all other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.
The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.
This clause applies to the following rural zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(baa) Zone RU3 Forestry,
(c) Zone RU4 Primary Production Small Lots,
(d) Zone RU6 Transition.
When this Plan was made, it did not include Zone RU4 Primary Production Small Lots.
Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.
However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.
A dwelling cannot be erected on such a lot.
A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).
The objectives of this clause are as follows—
(a) to minimise unplanned rural residential development,
(b) to enable the replacement of lawfully erected dwelling houses in rural and conservation zones.
This clause applies to development for the purposes of dwelling houses or dual occupancies (attached) on land in the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU6 Transition,
(d) Zone C3 Environmental Management,
(e) Zone C4 Environmental Living.
Development consent must not be granted for development to which this clause applies, on land on which no dwelling house or dual occupancy (attached) 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 created before this Plan commenced and on which the erection of a dwelling house or dual occupancy (attached) 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 or dual occupancy (attached) would have been permissible if the plan of subdivision had been registered before that commencement, or
(d) an existing holding, or
(e) within a lot identified as “Dwelling opportunity” on the Dwelling Opportunity Map, but only if no other dwelling or dual occupancy is erected on that lot.
A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.
(Repealed)
Despite subclause (3), development consent may be granted for development to which this clause applies if—
(a) there is a lawfully erected dwelling house or dual occupancy (attached) on the land and the dwelling house or dual occupancy (attached) to be erected is intended only to replace the existing dwelling house or dual occupancy (attached), or
(b) the land would have been a lot 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.
In this clause—
(a) was a holding on 26 May 1967, 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 26 May 1967, and includes any other land adjoining that land acquired by the owner since 26 May 1967.
The objective of this clause is to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.
This clause applies to land in the following zones that is used, or proposed to be used, for residential accommodation or tourist and visitor accommodation—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone R2 Low Density Residential,
(d) Zone R5 Large Lot Residential,
(e) Zone C2 Environmental Conservation,
(f) Zone C3 Environmental Management.
Development consent must not be granted for the subdivision of a lot to which this clause applies under a strata scheme that would create lots below the minimum size shown on the Lot Size Map for the land.
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.
(Repealed)
The objective of this clause is to facilitate boundary adjustments between lots where one or more resultant lots do not meet the minimum lot size shown on the Lot Size Map in relation to that land but the objectives of the relevant zone can be achieved.
This clause applies to land in any of the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU6 Transition,
(d) Zone R5 Large Lot Residential,
(e) Zone C2 Environmental Conservation,
(f) Zone C3 Environmental Management,
(g) Zone C4 Environmental Living.
Despite clause 4.1, development consent may be granted to subdivide land by way of a boundary adjustment between adjoining lots where one or more resultant lots do not meet the minimum lot size shown on the Lot Size Map in relation to that land if the consent authority is satisfied that—
(a) the subdivision will not create additional lots or the opportunity for additional dwellings, and
(b) the number of dwellings or opportunities for dwellings on each lot after the subdivision will be the same as before the subdivision, and
(c) the potential for land use conflict will not be increased as a result of the subdivision, and
(d) the subdivision will not result in any increased bush fire risk to existing buildings, and
(e) if the land is in Zone RU1 Primary Production or Zone RU2 Rural Landscape, the agricultural viability of the land will not be adversely affected as a result of the subdivision.
Before granting development consent to development to which this clause applies, the consent authority must be satisfied that the subdivision will not compromise the continued protection and long-term maintenance of any land in Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living.
The objectives of this clause are as follows—
(a) to ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of the locality,
(b) to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development,
(c) to minimise the adverse impact of development on heritage conservation areas and heritage items,
(d) to nominate heights that will provide a transition in built form and land use intensity within the area covered by this Plan.
The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
The objectives of this clause are as follows—
(a) to regulate density of development and generation of vehicular and pedestrian traffic,
(b) to encourage increased building height and site amalgamation at key locations,
(c) to provide sufficient floor space for high quality development for the foreseeable future,
(d) to ensure that buildings are compatible with the bulk and scale of the existing and desired future character of the locality.
Sewage treatment plants are a type of
(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).
Shops are a type of
Shop top housing is a type of
(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.
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.
(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 bars are a type of
The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
(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.
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
Stock and sale yards are a type of
(a) a space that contains only a lift shaft, stairway or meter room, or
(b) a mezzanine, or
(c) an attic.
The term is defined as follows—
(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 are a type of
Tank-based aquaculture is a type of
(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.
The term is defined as follows—
Timber yards are a type of
(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.
Turf farming is a type of
(a) mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and
(b) shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),
but does not include open cut mining.
Vehicle sales or hire premises are a type of
Viticulture is a type of
Waste disposal facilities are a type of
(a) a resource recovery facility,
(b) a waste disposal facility,
(c) a waste or resource transfer station,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
Waste or resource transfer stations are a type of
(a) retention structures, and
(b) treatment works, and
(c) irrigation schemes.
Water recycling facilities are a type of
Water reticulation systems are a type of
Water storage facilities are a type of
(a) a water reticulation system,
(b) a water storage facility,
(c) a water treatment facility,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
Water treatment facilities are a type of
(a) natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b) artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
(a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c) wharves for commercial fishing operations,
(d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e) sea walls or training walls,
(f) administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
Port Macquarie-Hastings Local Environmental Plan 2011 (84). LW 23.2.2011. Date of commencement, on publication on LW, cl 1.1AA. This Plan has been amended as follows—
(102) | Standard Instrument (Local Environmental Plans) Amendment Order 2011. LW 25.2.2011. Date of commencement, on publication on LW, cl 2. The amendments made by Sch 2 have effect 4 months after that commencement. See cl 9 (1) of the Standard Instrument (Local Environmental Plans) Order 2006 (155). | |
(291) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 1). LW 17.6.2011. Date of commencement, on publication on LW, cl 2. | |
(310) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 4). LW 30.6.2011. Date of commencement, on publication on LW, cl 2. | |
(362) | Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2011. LW 13.7.2011. Date of commencement, on publication on LW, cl 2. | |
(363) | State Environmental Planning Policy Amendment (Standard Instrument) 2011. LW 13.7.2011. Date of commencement, on publication on LW, cl 2. | |
(375) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 2). LW 22.7.2011. Date of commencement, on publication on LW, cl 2. | |
(444) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 3). LW 26.8.2011. Date of commencement, on publication on LW, cl 2. | |
No 41 | Transport Legislation Amendment Act 2011. Assented to 13.9.2011. Date of commencement of Sch 5.52, 1.11.2011, sec 2 and 2011 (559) LW 28.10.2011. | |
(525) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 6). LW 30.9.2011. Date of commencement, on publication on LW, cl 2. | |
(569) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 13). LW 4.11.2011. Date of commencement, on publication on LW, cl 2. | |
(594) |
Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 7). LW 18.11.2011. Date of commencement, on publication on LW, cl 2. | ||
(75) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 5). LW 2.3.2012. Date of commencement, on publication on LW, cl 2. | |
(76) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 9). LW 2.3.2012. Date of commencement, on publication on LW, cl 2. | |
(160) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 8). LW 20.4.2012. Date of commencement, on publication on LW, cl 2. | |
(371) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 11). LW 10.8.2012. Date of commencement, on publication on LW, cl 2. | |
(372) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 18). LW 10.8.2012. Date of commencement, on publication on LW, cl 2. | |
(485) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 15). LW 28.9.2012. Date of commencement, on publication on LW, cl 2. | |
(506) | Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2012. LW 5.10.2012. Date of commencement, on publication on LW, cl 2. | |
(524) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 10). LW 12.10.2012. 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. | |
(640) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 17). LW 21.12.2012. Date of commencement, on publication on LW, cl 2. | |
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. | |
(359) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 16). LW 28.6.2013. Date of commencement, on publication on LW, cl 2. | |
(439) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 23). LW 16.8.2013. Date of commencement, on publication on LW, cl 2. | |
(511) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 26). LW 30.8.2013. Date of commencement, on publication on LW, cl 2. | |
(566) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 22). LW 27.9.2013. Date of commencement, on publication on LW, cl 2. | |
(625) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 27). LW 1.11.2013. Date of commencement, on publication on LW, cl 2. | |
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. | |
(714) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 19). LW 20.12.2013. Date of commencement, on publication on LW, cl 2. | |
(88) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 12). LW 28.2.2014. Date of commencement, on publication on LW, cl 2. | |
(278) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 14). LW 23.5.2014. Date of commencement, on publication on LW, cl 2. | |
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. | |
(428) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 21). LW 4.7.2014. Date of commencement, on publication on LW, cl 2. | |
(513) | Standard Instrument (Local Environmental Plans) Amendment Order 2014. LW 15.8.2014. Date of commencement, on publication on LW, cl 2. | |
(545) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 35). LW 22.8.2014. Date of commencement, on publication on LW, cl 2. | |
(765) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 24). LW 28.11.2014. Date of commencement, on publication on LW, cl 2. | |
(77) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 28). LW 20.2.2015. Date of commencement, on publication on LW, cl 2. | |
(159) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 31). LW 2.4.2015. Date of commencement, on publication on LW, cl 2. | |
(170) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 32). LW 10.4.2015. Date of commencement, on publication on LW, cl 2. | |
(311) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 20). LW 19.6.2015. 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). | |
(381) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 30). LW 10.7.2015. Date of commencement, on publication on LW, cl 2. | |
(761) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 34). LW 11.12.2015. Date of commencement, on publication on LW, cl 2. | |
(828) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 37). LW 18.12.2015. Date of commencement, on publication on LW, cl 2. | |
(43) | Standard Instrument (Local Environmental Plans) Amendment (Maps) Order 2016. LW 27.1.2016. Date of commencement, 27.1.2016, cl 2. | |
(116) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 33). LW 4.3.2016. Date of commencement, on publication on LW, 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. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016. Date of commencement of Sch 2, 8.7.2016, sec 2 (1). | |
(309) | Standard Instrument (Local Environmental Plans) Amendment (Observatory and Defence Facility) Order 2016. LW 10.6.2016. Date of commencement, 56 days after publication on LW, cl 2. | |
(310) | State Environmental Planning Policy (Integration and Repeals) 2016. LW 10.6.2016. Date of commencement, 56 days after publication on LW, cl 2. | |
(563) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 38). LW 29.8.2016. Date of commencement, on publication on LW, cl 2. | |
(15) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 40). LW 27.1.2017. Date of commencement, on publication on LW, cl 2. | |
(146) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 42). LW 13.4.2017. Date of commencement, on publication on LW, cl 2. | |
(383) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 36). LW 28.7.2017. Date of commencement, on publication on LW, cl 2. | |
(453) | Standard Instrument (Local Environmental Plans) Amendment (Vegetation) Order 2017. LW 25.8.2017. Date of commencement, 25.8.2017, cl 2. | |
(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. | |
(535) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 41). LW 22.9.2017. Date of commencement, on publication on LW, cl 2. | |
(574) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 43). LW 13.10.2017. Date of commencement, on publication on LW, cl 2. | |
(104) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 44). LW 23.3.2018. Date of commencement, on publication on LW, cl 2. | |
(105) | Standard Instrument (Local Environmental Plans) Amendment (Coastal Management) Order 2018. LW 23.3.2018. Date of commencement, 3.4.2018, cl 2. | |
(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. | |
(197) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 48). LW 11.5.2018. Date of commencement, on publication on LW, cl 2. | |
(239) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 51). LW 1.6.2018. Date of commencement, on publication on LW, cl 2. | |
(295) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 29). LW 22.6.2018. 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. | |
(391) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 47). LW 20.7.2018. Date of commencement, on publication on LW, cl 2. | |
(404) | Standard Instrument (Local Environmental Plans) Amendment (Artisan Food and Drink Industries) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(405) | Standard Instrument (Local Environmental Plans) Amendment (Garden Centres) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(406) | State Environmental Planning Policy Amendment (Artisan Food and Drink Industries) 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(477) | Standard Instrument (Local Environmental Plans) Amendment (Land Use Terms) Order 2018. LW 29.8.2018. Date of commencement, 31.8.2018, cl 2. | |
(488) | State Environmental Planning Policy Amendment (Land Use Terms) 2018. LW 29.8.2018. Date of commencement of Sch 1.1 and 1.2, 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. | |
(761) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 25). LW 21.12.2018. Date of commencement, on publication on LW, cl 2. | |
(762) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 39). LW 21.12.2018. Date of commencement, on publication on LW, cl 2. | |
(763) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 52). LW 21.12.2018. Date of commencement, on publication on LW, cl 2. | |
(133) | Standard Instrument (Local Environmental Plans) Amendment (Primary Production and Rural Development) Order 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2. | |
(137) | State Environmental Planning Policy (Primary Production and Rural Development) 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2. | |
(229) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 45). LW 31.5.2019. Date of commencement, on publication on LW, cl 2. | |
(437) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 53). LW 30.8.2019. Date of commencement, on publication on LW, cl 2. | |
(536) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 55). LW 8.11.2019. 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). | |
(141) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 49). LW 9.4.2020. Date of commencement, on publication on LW, cl 2. | |
(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. | |
(549) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 56). LW 10.9.2020. 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. | |
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. | |
(543) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 60). LW 17.9.2021. Date of commencement, on publication on LW, 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. | |
(71) | Standard Instrument (Local Environmental Plans) Amendment (SEPPs) Order 2022. LW 4.3.2022. Date of commencement, 9.3.2022, cl 2. | |
(72) | State Environmental Planning Policy Amendment (Miscellaneous) 2022. LW 4.3.2022. Date of commencement, on publication on LW, sec 2. | |
(314) | State Environmental Planning Policy Amendment (Local Distribution Premises) 2022. LW 24.6.2022. Date of commencement, 30.6.2022, sec 2. | |
(425) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 61). LW 29.7.2022. Date of commencement, on publication on LW, cl 2. | |
(592) | Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2022. LW 6.10.2022. Date of commencement, 1.12.2022, cl 2. | |
(628) | Standard Instrument (Local Environmental Plans) Amendment (Canal Estate Development and Public Bushland) Order 2022. LW 21.10.2022. Date of commencement, 21.11.2022, cl 2. | |
(828) | State Environmental Planning Policy Amendment (Land Use Zones) (No 2) 2022. LW 16.12.2022. Date of commencement, 26.4.2023, sec 2. Amended by State Environmental Planning Policy Amendment (Land Use Zones) 2023 (82). LW 24.2.2023. Date of commencement, on publication on LW, sec 2. | |
(458) | State Environmental Planning Policy Amendment (Agritourism) 2023. LW 18.8.2023. Date of commencement, on publication on LW, sec 2. | |
(503) | Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 62). LW 1.9.2023. Date of commencement, on publication on LW, cl 2. | |
(522) | Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023. LW 15.9.2023. Date of commencement, 1.11.2023, cl 2. | |
(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. | |
(511) | Standard Instrument (Local Environmental Plans) Amendment (Group Homes) Order 2025. LW 19.9.2025. Date of commencement, on publication on LW, cl 2. |
No reference is made to certain amendments made consequential on the amendment of the Standard Instrument (Local Environmental Plans) Order 2006.
Cl 1.2 | Am 2015 (77), Sch 1 [1]; 2015 (761), Sch 1 [1]. |
Cl 1.3 | Am 2014 (545), Sch 1 [1]. |
Cl 1.8 | Am 2014 (545), Sch 1 [2]. |
Cl 1.8A | Am 2019 (621), Sch 5[1]; 2023 (609), Sch 1.1[1]. |
Cl 1.9 | Am 2016 (310), Sch 4.20. |
Cl 1.9A | Am 2019 (621), Sch 5[2]–[4]. |
Cl 2.1 | Am 2022 (828), Sch 1.17[1]–[3]. |
Land Use Table | Am 2011 (363), Sch 17 [1]–[30]; 2012 (76), Sch 1 [1]–[5]; 2013 (359), Sch 1 [1]–[9]; 2014 (278), Sch 1 [1] [2]; 2014 (545), Sch 1 [3]–[5]; 2015 (77), Sch 1 [2]–[6]; 2015 (381), Sch 1 [1]–[3]; 2015 (761), Sch 1 [2]–[5]; 2016 (168), Sch 1 [2] [5]; 2016 (563), cl 5 (1); 2017 (146), Sch 1 [1]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2018 (763), Sch 1 [1]–[3]; 2019 (137), Sch 6 [1]; 2020 (549), Sch 1[1]–[3]; 2022 (314), Sch 1; 2022 (828), Sch 1.17[3A] (ins 2023 (82), Sch 1.2[7]) [4]; 2023 (503), Sch 1[1]–[3]. |
Cl 4.1 | Am 2013 (439), cl 4 (1); 2018 (763), Sch 1 [4]; 2022 (828), Sch 1.17[5]. |
Cl 4.1AA | Ins 2011 (363), Sch 17 [31]. Am 2022 (828), Sch 1.17[6] [7]. |
Cl 4.1A | Am 2018 (295), Sch 1 [1]. |
Cl 4.1B | Am 2022 (828), Sch 1.17[6]–[9]. |
Cl 4.2 | Am 2011 (363), Sch 17 [32]. |
Cl 4.2A | Am 2012 (76), Sch 1 [6]–[9]; 2013 (439), cl 4 (1) (2); 2022 (828), Sch 1.17[5] [7] [8]. |
Cl 4.2B | Am 2011 (363), Sch 17 [33]–[35]; 2013 (439), cl 4 (3); 2016 No 27, Sch 2.33; 2022 (828), Sch 1.17[5]–[7]. |
Cl 4.2C | Ins 2015 (77), Sch 1 [7]. Am 2022 (828), Sch 1.17[5]–[8]. |
Cl 5.1 | Am 2022 (828), Sch 1.17[6]. |
Cl 5.1A | Am 2022 (828), Sch 1.17[6]. |
Cl 5.3 | Am 2015 (761), Sch 1 [6]. |
Cl 5.4 | Am 2011 (363), Sch 17 [36] [37]; 2018 (406), Sch 1.110 [1] [2]. |
Cl 5.5 | Subst 2023 (503), Sch 1[4]. |
Cl 5.6 | Am 2013 (359), Sch 1 [10]. |
Cl 5.9 | Am 2011 (363), Sch 17 [38]. Ins 2021 (543), Sch 1[1]. Am 2022 (828), Sch 1.17[8] [10]. |
Cl 5.13 | Ins 2011 (363), Sch 17 [39]. Subst 2014 (278), Sch 1 [3]. |
Cl 5.22 | Subst 2023 (609), Sch 1.1[2]. |
Cl 5.24 | Subst 2023 (458), Sch 1[4]. |
Cl 5.25 | Subst 2023 (458), Sch 1[4]. |
Cl 6.1 | Am 2019 (621), Sch 5[5]; 2023 (554), Sch 1. |
Cl 7.3 | Rep 2021 (225), Sch 1. |
Cl 7.4 | Rep 2023 (609), Sch 1.19[1]. |
Cl 7.5 | Am 2015 (77), Sch 1 [8]; 2022 (72), Sch 1.41[1]. |
Cl 7.6 | Am 2018 (295), Sch 1 [2]. |
Cl 7.7 | Am 2012 (76), Sch 1 [10]. |
Cl 7.8 | Am 2017 (493), Sch 1.2 [2]. |
Cl 7.9 | Am 2011 (444), Sch 1 [1] [2]; 2015 (77), Sch 1 [9] [10]. |
Cl 7.11 | Am 2011 (363), Sch 17 [40] [41]; 2022 (828), Sch 1.17[11]–[14]. |
Cl 7.11A | Ins 2014 (428), Sch 1 [1]. Am 2015 (828), cl 5 (1) (2). |
Cl 7.12 | Renumbered as cl 7.15, 2014 (545), Sch 1 [6]. Ins 2014 (545), Sch 1 [7]. Am 2018 (488), Sch 1.2; 2022 (828), Sch 1.17[15]. |
Cl 7.14 | Ins 2014 (278), Sch 1 [4]. Am 2016 (563), cl 5 (2). |
Cl 7.15 (previously cl 7.12) | Renumbered 2014 (545), Sch 1 [6]. Am 2017 (493), Sch 1.2 [1]. |
Cl 7.16 | Ins 2015 (381), Sch 1 [4]. Am 2022 (828), Sch 1.17[16] [17]. |
Cl 7.17 | Ins 2019 (437), Sch 1 [1]. Subst 2022 (425), cl 5(1). |
Cl 7.18 | Ins 2020 (549), Sch 1[4]. |
Cl 7.19 | Ins 2022 (828), Sch 1.17[18]. |
Sch 1 | Am 2012 (76), Sch 1 [11] [12]; 2014 (545), Sch 1 [8]; 2015 (761), Sch 1 [7]; 2016 (563), cl 5 (3); 2017 (146), Sch 1 [2]; 2018 (295), Sch 1 [3]; 2019 (437), Sch 1 [2]; 2020 (549), Sch 1[5]; 2022 (425), cl 5(2) (3); 2022 (828), Sch 1.17[19]. |
Sch 2 | Am 2011 (363), Sch 17 [42] [43]; 2011 (375), Sch 1; 2011 (444), Sch 1 [3]; 2012 (76), Sch 1 [13]; 2013 (359), Sch 1 [11]; 2013 (439), cl 4 (4); 2013 (511), Sch 1 [1]–[3]; 2014 (545), Sch 1 [9] [10]; 2017 (146), Sch 1 [3]; 2018 (391), cl 5; 2022 (72), Sch 1.41[2]. |
Sch 3 | Am 2011 (363), Sch 17 [44] [45]; 2011 (444), Sch 1 [4]. Subst 2018 (295), Sch 1 [4]. |
Sch 4 | Am 2011 (310), Sch 1; 2017 (15), cl 5 (1). |
Sch 5 | Am 2011 (363), Sch 17 [46] [47]; 2012 (76), Sch 1 [14]–[18]; 2012 (485), Sch 1 [1]–[3]; 2015 (77), Sch 1 [11]; 2015 (761), Sch 1 [8] [9]; 2018 (763), Sch 1 [5] [6]. |
Dictionary | Am 2011 (444), Sch 1 [5]; 2014 (428), Sch 1 [2]; 2017 (15), cl 5 (2); 2020 (549), Sch 1[6]; 2023 (609), Sch 1.19[2]. |
Maps | Am 2011 (291), cl 4; 2011 (310), cl 4; 2011 (363), cl 4; 2011 (444), cl 4; 2011 (525), cl 4; 2011 (569), cl 4; 2011 (594), cl 4; 2012 (75), cl 4; 2012 (76), cl 4; 2012 (160), cl 4; 2012 (371), cl 4; 2012 (372), cl 4; 2012 (485), cl 4; 2012 (524), cl 4; 2012 (640), cl 4; 2013 (359), cl 4; 2013 (566), cl 4; 2013 (625), cl 4; 2013 (714), cl 4; 2014 (88), cl 4; 2014 (428), cl 4; 2014 (765), cl 4; 2015 (77), cl 4; 2015 (159), cl 4; 2015 (170), cl 4; 2015 (311), cl 4; 2015 (381), cl 4; 2015 (761), cl 4; 2015 (828), cl 4; 2016 (116), cl 4; 2016 (563), cl 4; 2017 (15), cl 4; 2017 (146), cl 4; 2017 (383), cl 4; 2017 (535), cl 4; 2017 (574), cl 4; 2018 (104), cl 4; 2018 (197), cl 4; 2018 (239), cl 4; 2018 (295), cl 4; 2018 (391), cl 4; 2018 (761), cl 4; 2018 (762), cl 4; 2018 (763), cl 4; 2019 (229), cl 4; 2019 (437), cl 4; 2019 (536), cl 4; 2020 (141), cl 4; 2020 (549), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment. |
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