Port Stephens Local Environmental Plan 2000 (NSW)
The name of this plan is Port Stephens Local Environmental Plan 2000.
This plan aims to:
(a) provide for appropriate planning and environmental control over the use and development of land within the area of Port Stephens, in order to uphold and promote the objectives of the Environmental Planning and Assessment Act 1979, and
(b) provide an updated and simplified plan for the area of Port Stephens, and
(c) achieve the objectives of each zone referred to in clause 10, and
(d) promote community involvement and participation in environmental planning and development assessment, and
(e) ensure that existing and future residents enjoy a range of attractive living environments, have safe and secure communities and have access to a wide range of services and amenities, and
(f) allow flexibility in the planning framework so as to encourage orderly, economic and equitable development while safeguarding the community’s interests, and
(g) ensure that development has regard to the principles of ecologically sustainable development.
For the purposes of subsection (1) (g),
(a) the precautionary principle—namely, that if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation,
(b) inter-generational equity—namely, that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations,
(c) conservation of biological diversity and ecological integrity,
(d) improved valuation and pricing of environmental resources.
The principles that the consent authority will follow to achieve the aims and objectives of this plan are the following:
(a) recognition of the responsibilities of this generation to future generations in relation to environmental quality and resource usage, which require respect for the limits of natural and physical resources,
(b) involvement of the community in the planning process by ensuring openness, accountability and transparency in the decision-making process,
(c) a consistent and proper regard for all the provisions of the plan (in particular, when considering development applications),
(d) application of the provisions of the plan so that the objectives of each zone can be achieved in practice, and to provide certainty for applicants for development consents, investors, residents and the public,
(e) the making of provisions in development control plans and the imposition of conditions on development consents so as to further the aims and objectives of this plan, including provisions limiting the range of uses or scale of development on the land to which it applies.
This plan applies to the whole of the land within the Port Stephens local government area shown on the map and with boundaries as indicated on the map.
This plan repeals Port Stephens Local Environmental Plan 1987.
The terms used in this plan which are defined in the dictionary at the end of this plan have the meanings set out in the dictionary.
Except as otherwise provided by this plan, a reference in this plan to a map is a reference to a map kept in the office of the Council.
Notes included in this plan do not form part of this plan.
The Council is the consent authority for the purposes of this plan, subject to the Act.
If any agreement, covenant or instrument prohibits a use permitted by this plan, then it shall not apply to that use (to the extent necessary to permit that use).
Nothing in subclause (1) affects the rights or interests under any registered instrument in favour of the Council or any other public authority.
Before this plan was made, the Governor approved of subclauses (1) and (2) under section 28 of the Act.
Land is within a zone for the purposes of this plan if it is shown on the map as being within the zone.
Each zone is described in the following development control tables, indicating the zone objectives, what development is permissible (with or without consent), and what development is prohibited.
The consent authority must not grant consent for development of land to which this plan applies unless it is satisfied that the proposed development is consistent with the objectives of the zone in which it is intended to be carried out.
The consent authority may decline to grant consent for development until after it has considered an environmental management plan, if the proposed development is likely to result in increased stormwater run-off, erosion or sedimentation or other significant pollution within the Williams River catchment.
Except as otherwise provided by this plan, the consent authority must not grant consent to the carrying out of development on land within the Williams River catchment unless the consent authority is of the opinion that the carrying out of the development will not have a significant adverse effect on water quality in the Williams River.
The consent authority, when determining a development application for a site area consisting of land in the Williams River catchment, must consider:
(a) the aims and objectives of Williams River Catchment Regional Environmental Plan 1997, as set out in clause 3 of that plan, and
(b) the Williams River Catchment Regional Planning Strategy.
In this clause:
The following rural zones apply as shown on the map:
• Zone No 1 (a) (Rural Agriculture “A” Zone)—lettered 1 (a) on the map.
• Zone No 1 (c1) (Rural Small Holdings “C1” Zone)—lettered 1 (c1) on the map.
• Zone No 1 (c2) (Rural Small Holdings “C2” Zone)—lettered 1 (c2) on the map.
• Zone No 1 (c3) (Rural Small Holdings “C3” Zone)—lettered 1 (c3) on the map.
• Zone No 1 (c4) (Rural Small Holdings “C4” Zone)—lettered 1 (c4) on the map.
• Zone No 1 (c5) (Rural Small Holdings “C5” Zone)—lettered 1 (c5) on the map.
The Rural Agriculture “A” Zone identifies land which is of agricultural value and land which has not been set aside for rural residential development.
The objective of the Rural Agriculture “A” Zone is to maintain the rural character of the area and to promote the efficient and sustainable utilisation of rural land and resources by:
(a) regulating the development of rural land for purposes other than agriculture by ensuring that development is compatible with rural land uses and does not adversely affect the environment or the amenity of the locality, and
(b) ensuring development will not have a detrimental effect on established agricultural operations or rural activities in the locality, and
(c) preventing the fragmentation of grazing or prime agricultural lands, protecting the agricultural potential of rural land not identified for alternative land use, and minimising the cost to the community of:
(i) fragmented and isolated development of rural land, and
(ii) providing, extending and maintaining public amenities and services, and
(d) protecting or conserving (or both protecting and conserving):
(i) soil stability by controlling development in accordance with land capability, and
(ii) trees and other vegetation in environmentally sensitive localities where the conservation of the vegetation is likely to reduce land degradation or biodiversity, and
(iii) water resources, water quality and wetland areas, and their catchments and buffer areas, and
(iv) land affected by acid sulphate soils by controlling development of that land likely to affect drainage or lower the water table or cause soil disturbance, and
(v) valuable deposits of minerals and extractive materials by restricting development that would compromise the efficient extraction of those deposits, and
(e) reducing the incidence of loss of life and damage to property and the environment in localities subject to flooding and to enable uses and developments consistent with floodplain management practices.
Development for the purpose of:
• agriculture,
• flood mitigation works authorised by the Hunter Valley Flood Mitigation Act 1956.
Exempt development.
Subdivision permitted by clause 12.
Any other development not included in Item 3 or 5.
Development for the purpose of:
• boarding-houses,
• brothels,
• bulky goods salesrooms or showrooms,
• bus stations,
• commercial premises,
• depots,
• hazardous industries,
• hazardous storage establishments,
• industries,
• liquid fuel depots,
• material recycling facilities,
• medical centres,
• mortuaries,
• motor showrooms,
• offensive industries,
• offensive storage establishments,
• places of assembly,
• restricted premises,
• road transport terminals,
• service stations,
• shops,
• urban housing,
• warehouses.
Subdivision other than subdivision permitted by clause 12.
The Rural Small Holdings Zones comprise land identified as being suitable for rural residential development and that is in proximity to a service centre.
The objectives of the Rural Small Holdings Zones are:
(a) to identify land suitable for low density residential development with a rural character, and
(b) to permit certain non-residential land uses which will not adversely affect residential amenity or rural character, and
(c) to control the intensity of rural residential development having regard to the physical limitations of the land and the costs and limitations of the provision of public amenities and services.
Development for the purpose of:
• agriculture.
Exempt development.
Development for the purpose of:
• advertisements,
• animal establishments,
• aquaculture,
• bed and breakfast establishments,
• bushfire hazard reduction,
• child care centres,
• clearing native vegetation,
• community facilities,
• dams,
• dual occupancy housing,
• dwelling-houses,
• earthworks,
• educational establishments,
• exhibition homes,
• health consulting rooms,
• home employment,
• intensive agriculture,
• places of public worship,
• recreation areas,
• roadside stalls,
• rural industries,
• telecommunications facilities,
• utility installations,
• veterinary hospitals.
Subdivision permitted by clause 12.
Any development not included in Item 3 or 4.
A person must not subdivide land within any rural zone except:
(a) for any of the following purposes:
(i) the opening or widening of a public road,
(ii) to change a common boundary with an adjoining allotment, but not so as to create additional allotments,
(iii) consolidation of allotments,
(iv) rectification of any encroachment on any existing allotments,
(v) the creation of allotments corresponding to the parts into which a single allotment is divided by a public road, or
(b) for the purpose of the creation of an allotment or allotments intended to be used for any one or more of the purposes (excluding dwelling-houses or dual occupancy housing) for which it may be used with or without the consent of the consent authority, or
(c) in the case of land within a Rural Small Holdings zone—as permitted by clause 13.
Subdivision of land for a purpose specified in subclause (1) (a) does not have the effect of precluding development of the land for any purpose for which it might have been developed immediately prior to the subdivision (except in so far as the land has been taken for a road as referred to in subclause (1) (a)).
The consent authority may grant consent to the subdivision of land in a rural small holdings zone only where the allotments to be created will have the following minimum areas:
(a) on land zoned 1 (c1)—20 hectares
(b) on land zoned 1 (c2)—2 hectares
(c) on land zoned 1 (c3)—1 hectare
(d) on land zoned 1 (c4)—4,000 square metres
(e) on land zoned 1 (c5)—2,000 square metres
The consent authority shall not grant consent to a subdivision referred to in subclause (1) unless it is satisfied that:
(a) each allotment to be created will include land suitable for the erection of a dwelling-house, and
(b) each of the allotments to be created has adequate site area and site access facilities which are not subject to the 1% Annual Excedence Probability flood, and
(c) the subdivision will not result in the pollution of water supply catchment areas, and
(d) consideration has been given to the likely impact of the subdivision on the agricultural sustainability and agricultural possibilities of the land to be subdivided and other land in the immediate locality, and
(e) the land proposed for subdivision is not subject to high bushfire hazard, and
(f) the subdivision will not impact adversely on threatened flora and fauna, and
(g) each parcel of land to be created has an area of land, suitable for the erection of a dwelling-house, not affected by slopes greater than 30%, and
(h) the subdivision will occur in an orderly and efficient manner so that the allotments created are provided with services and infrastructure including water supply, effluent disposal, vehicular access, electricity supply, community facilities and the like, at a level appropriate to the needs of the allotments.
This clause applies to land within any rural zone.
The consent authority shall not consent to the erection of a dwelling-house or dual occupancy housing on an allotment of land to which this clause applies if:
(a) in the case of land within Zone No 1 (a)—the allotment has an area of less than 4,000 square metres, or
(b) in the case of land within Zone No 1 (c1), 1 (c2), 1 (c3) or 1 (c4)—the allotment has an area of less than 3,500 square metres, or
(c) in the case of land within Zone No 1 (c5)—the allotment has an area of less than 2,000 square metres, or
(d) in any case:
(i) if the allotment was created before the appointed day—the consent authority is of the opinion that the allotment was intended to be used for any one or more of the purposes (other than the purpose of a dwelling-house or dual occupancy housing) for which it could have been used (with or without the consent of the consent authority) under the environmental planning instrument under which it was created, or
(ii) if the allotment was created on or after the appointed day—the allotment was intended to be used for any one or more of the purposes (other than the purpose of a dwelling-house or dual occupancy housing) for which it may be used (with or without the consent of the consent authority) under this plan.
Despite subclause (2), the consent authority may consent to the erection of a dwelling-house or dual occupancy housing on any one or more of the allotments created to correspond to the parts into which a single allotment is (or was) divided by a public road.
However, the consent authority shall not consent to the erection of dual occupancy housing on land to which this clause applies unless the consent authority is satisfied that:
(a) the two dwellings are clustered giving the appearance of being an integrated development, and
(b) the two dwellings have shared infrastructure such as common driveway access, fire breaks and services, and
(c) any rural buildings are clustered, and
(d) any clearing necessary for the dwellings is minimised.
The consent authority shall not consent to the carrying out of development involving the erection of more than one dwelling-house on an allotment of land to which this clause applies unless the development is for the purpose of dual occupancy housing.
The subdivision of any dual occupancy housing shall not be permitted unless the subdivision may be carried out in accordance with the provisions of clause 13.
For the purposes of subclause (4) (d),
This clause applies to land within Zone No 1 (a).
Despite any other provision of this plan, the consent authority must not consent to development of any land to which this clause applies for the purpose of a hotel or restaurant unless the development is in conjunction with a tourist facility.
This clause applies to all land within Zone No 1 (c3) in the village of Hinton.
Despite any other provision of this plan, the consent authority may consent to the erection of one but not more than one dwelling on a lot of land to which this clause applies:
(a) that is less than 3,500 square metres in area, and
(b) that was created by a subdivision for which development consent was granted before the commencement of Port Stephens Local Environmental Plan 2000 (Amendment No 20).
A person a shall not display an advertisement on land within a rural zone other than an advertisement that relates to development on that land, or to premises situated on that land.
The following residential zones apply as shown on the map:
• Zone No 2 (a) (Residential “A” Zone)—lettered 2 (a) on the map.
• Zone No 2 (c) (Residential “C” Zone)—lettered 2 (c) on the map.
The Residential “A” Zone is characterised by one and two storey dwelling-houses and dual occupancy housing. Townhouses, flats and units up to two storeys may occur throughout the zone. Dwellings may also be erected on small lots in specially designed subdivisions. Small-scale commercial activities compatible with a residential neighbourhood and a variety of community uses may also be present in this zone.
The objectives of the Residential “A” Zone are:
(a) to encourage a range of residential development providing for a variety of housing types and designs, densities and associated land uses, with adequate levels of privacy, solar access, open space, visual amenity and services, and
(b) to ensure that infill development has regard to the character of the area in which it is proposed and does not have an unacceptable effect on adjoining land by way of shading, invasion of privacy, noise and the like, and
(c) to provide for non-residential uses that are compatible with the area and service local residents, and
(d) to facilitate an ecologically sustainable approach to residential development by minimising fossil fuel use, protecting environmental assets and providing for a more efficient use of existing infrastructure and services, and
(e) to ensure that the design of residential areas takes into account environmental constraints including soil erosion, flooding and bushfire risk.
Exempt development.
Any development not included in Item 3 or 5.
Development for the purpose of:
• abattoirs,
• airports,
• animal establishments,
• aquaculture,
• brothels,
• bulky goods salesrooms or showrooms,
• bus stations,
• camp or caravan sites,
• clubs,
• commercial premises,
• depots,
• dual occupancy housing within the Hill Tops precinct of the Nelson Bay (West) Area,
• extractive industries,
• forestry,
• hazardous industries,
• hazardous storage establishments,
• helicopter landing sites,
• heliports,
• hotels,
• industries,
• institutions,
• intensive agricultural pursuits,
• intensive agriculture,
• intensive animal husbandry,
• liquid fuel depots,
• marinas,
• material recycling facilities,
• medical centres,
• mineral sand mines,
• mines,
• mortuaries,
• motor showrooms,
• offensive industries,
• offensive storage establishments,
• places of assembly,
• race tracks,
• restaurants,
• restricted premises,
• retail plant nurseries,
• roadside stalls,
• rural industries,
• service stations,
• shops,
• telecommunications facilities,
• tourist facilities,
• urban housing within the Hill Tops precinct of the Nelson Bay (West) Area,
• veterinary hospitals,
• warehouses.
In addition to dwelling-houses and dual occupancy housing, the Residential “C” Zone is characterised by higher density residential development and tourist accommodation. The zone is generally convenient to commercial centres, and may contain some small-scale commercial activities.
The objectives of the Residential “C” Zone are:
(a) to promote the principles of urban consolidation by providing residential areas which meet the diverse needs of the community with a wide choice in housing and associated public and commercial uses, and
(b) to facilitate an ecologically sustainable approach to residential development by minimising fossil fuel use, protecting environmental assets and providing for higher densities and a more efficient use of existing infrastructure and services, and
(c) to ensure that new development in the zone has regard to the character of the area in which it is proposed and does not have an unacceptable effect on adjoining land by way of shading, invasion of privacy, noise and the like, and
(d) to ensure that design of residential areas takes into account environmental constraints including soil erosion, flooding and bushfire risk, and
(e) to provide for non-residential uses that are compatible with the area and service local residents.
Exempt development.
Any development not included in Item 3 or 5.
Development for the purpose of:
• abattoirs,
• airports,
• animal establishments,
• brothels,
• bulky goods salesrooms or showrooms,
• bus stations,
• camp or caravan sites,
• clubs,
• commercial premises,
• depots,
• extractive industries,
• hazardous industries,
• hazardous storage establishments,
• helicopter landing sites,
• heliports,
• hotels,
• industries,
• institutions,
• intensive agricultural pursuits,
• intensive agriculture,
• intensive animal husbandry,
• liquid fuel depots,
• marinas,
• material recycling facilities,
• mineral sand mines,
• mines,
• mortuaries,
• motor showrooms,
• offensive industries,
• offensive storage establishments,
• race tracks,
• restricted premises,
• retail plant nurseries,
• road transport terminals,
• roadside stalls,
• rural industries,
• service stations,
• shops,
• telecommunications facilities,
• veterinary hospitals,
• warehouses.
A person shall not subdivide land in a residential zone except with the consent of the consent authority.
Consent for the subdivision of land (other than land to which subclause (3) applies) to create an allotment with an area of less than 500m
Consent for the subdivision of land in the Hill Tops precinct of the Nelson Bay (West) Area to create an allotment with an area of less than 600m
Despite any other provision of this plan, the consent authority may grant consent for a subdivision of land within Zone No 2 (a) located within the township of Seaham and the Williams River catchment that will create an allotment the consent authority is satisfied will be used for the purpose of erecting a dwelling only if arrangements the consent authority considers adequate have been made for the land to be connected to reticulated water and sewerage services.
Despite the other provisions of this plan, the consent authority must not consent to development for the purpose of two or more dwellings (whether attached or detached) on a single allotment of land within Zone No 2 (a) located within the township of Seaham and the Williams River catchment unless arrangements have been made for the land to be connected to reticulated water and sewerage services.
Consent must not be granted to the erection of a dwelling-house, dual occupancy housing or urban housing on land in a zone, or on land within a precinct of the Nelson Bay (West) Area, specified in the Table to this subclause, unless:
(a) the allotment on which the building is proposed to be erected has an area of not less than the minimum area for each dwelling specified in the Table in respect of the type of housing, zone or precinct concerned, and
(b) the ratio of the gross floor area of the building to the site area of the allotment does not exceed the ratio identified for the relevant zone or precinct concerned, and
(c) the height of the building does not exceed the maximum height identified for the relevant zone or precinct concerned.
Table
Housing type | Zone | Precinct (where specified) | Minimum site area per dwelling | Floor space ratio | Maximum height |
Dwelling house | 2 (a), 2 (c) | Unspecified areas | 500 m | 0.5:1 | 9 m |
2 (a) | Hill Tops | 600 m | 0.5:1 | 9 m | |
Dual occupancy housing | 2 (a) | Unspecified areas | 300 m | 0.5:1 | 8 m |
2 (c) | Unspecified areas | 250 m | 0.5:1 | 8 m | |
2 (a) | Upper Slopes | 500 m | 0.5:1 | 8 m | |
2 (a), 2 (c) | Foreshore and Lower Slopes | 300 m | 0.5:1 | 8 m | |
2 (a), 2 (c) | Town Centre Edge, Town Centre Housing, Wahgunyah Neighbourhood | 250 m | 0.5:1 | 8 m | |
Urban housing | 2 (a) | Upper Slopes | 500 m | 0.5:1 | 8 m |
2 (a) | Unspecified areas | 300 m | 0.5:1 | 8 m | |
2 (a) | Foreshore and Lower Slopes | 300 m | 0.5:1 | 8 m | |
2 (a) | Town Centre Edge, Wahgunyah Neighbourhood | 250 m | 0.5:1 | 8 m | |
2 (c) | Town Centre Housing | 150 m | 1.8:1 | 15 m | |
2 (c) | Foreshore, Unspecified areas | 150 m | 1.8:1 | 15 m |
State Environmental Planning Policy No 1—Development Standards does not apply to the minimum site area for each dwelling specified in the Table to subclause (1), other than for:
(a) a dwelling not in the Nelson Bay (West) Area, or
(b) a dwelling on land subdivided for that purpose before the date of commencement of Port Stephens Local Environmental Plan 2000 (Amendment No 13).
A person shall not display an advertisement on land within a residential zone other than an advertisement that relates to development on that land, or to premises situated on that land.
The following business zone applies as shown on the map:
• Zone No 3 (a) (Business General “A” Zone)—lettered 3 (a) on the map.
The Business General “A” Zone covers both the major commercial centres of Port Stephens and the smaller neighbourhood shopping centres. It is characterised by a mix of commercial uses and some associated tourist accommodation and residential uses. Small, low impact industrial activities that involve retailing or direct service to the public may be appropriate in this zone.
The objectives of the Business General “A” Zone are:
(a) to provide for a range of commercial and retail activities, and uses associated with, ancillary to, or supportive of, retail and service facilities, including tourist development and industries compatible with a commercial area, and
(b) to ensure that neighbourhood shopping and community facilities retain a scale and character consistent with the amenity of the locality, and
(c) to maintain and enhance the character and amenity of major commercial centres, to promote good urban design and retain heritage values where appropriate, and
(d) to provide commercial areas that are safe and accessible for pedestrians, and which encourage public transport patronage and bicycle use and minimise the reliance on private motor vehicles, and
(e) to provide for waterfront-associated commercial development whilst protecting and enhancing the visual and service amenity of the foreshores.
Exempt development.
Any development not included in Item 3 or 5.
Development for the purpose of:
• abattoirs,
• brothels,
• camp or caravan sites,
• dwellings (unless the ground floor of the building is used for another use permissible within the zone),
• exhibition homes,
• extractive industries,
• hazardous industries,
• hazardous storage establishments,
• helicopter landing sites,
• heliports,
• institutions,
• intensive agriculture,
• liquid fuel depots,
• material recycling facilities,
• mineral sand mines,
• mines,
• offensive industries,
• offensive storage establishments,
• race tracks,
• road transport terminals,
• roadside stalls,
• rural industries.
A person shall not subdivide land in a business zone except with the consent of the consent authority.
The consent authority may grant consent for a subdivision of land within a business zone only if each allotment to be created by the proposed subdivision will be of a size, and will have a ratio of depth to frontage, that the consent authority considers appropriate:
(a) having regard to the purpose for which the allotment is intended to be used, or
(b) to facilitate future commercial development of the land.
The following industrial zone applies as shown on the map:
• Zone No 4 (a) (Industrial General “A” Zone)—lettered 4 (a) on the map.
The Industrial General “A” Zone caters for a range of industrial development including the retailing of bulky goods that require large areas for handling and storage and good loading facilities. Premises of a commercial and retail nature are limited in the industrial zone.
The objectives of the Industrial General “A” Zone are:
(a) to enable the development of a wide range of industrial, service and storage activities and a limited range of business and retail activities, and
(b) to allow industrial development only after comprehensive hazard analysis and risk assessment provide adequate safeguards designed to protect the surrounding environment and ecological balance, and
(c) to regulate industries in proximity to urban localities and to ensure that adequate buffers are provided in the vicinity of adjacent zones, so that activities near the boundary of an adjacent zone will not have a significant detrimental effect on the amenity of that zone, and
(d) to enable the most efficient and effective industrial development of waterfront industrial land by encouraging associated waterfront land uses sympathetic to the environment and ecology of the waterfront lands, and
(e) to allow commercial, retail, residential, or other development only where it is associated with, ancillary to, or supportive of, industrial development, and
(f) to limit development for the purpose of bulky goods salesrooms or showrooms, and
(g) to encourage a high standard of design and amenity in industrial areas.
Exempt development.
Any development not included in Item 3 or 5.
Development for the purpose of:
• bed and breakfast establishments,
• boarding-houses,
• camp or caravan sites,
• commercial premises,
• dual occupancy housing,
• dwellings, other than those ancillary to and on the same land as other development permissible in this zone,
• hospitals,
• restricted premises,
• roadside stalls,
• shops,
• tourist facilities,
• urban housing.
A person shall not subdivide land in an industrial zone except with the consent of the consent authority.
The consent authority may grant consent for a subdivision of land within an industrial zone only if each allotment to be created by the proposed subdivision will be of a size, and will have a ratio of depth to frontage, that the consent authority considers appropriate:
(a) having regard to the purpose for which the allotment is intended to be used, or
(b) to facilitate future industrial development of the land.
The consent authority shall not grant consent for development for the purpose of a bulky goods salesroom or showroom in an industrial zone unless it is satisfied that:
(a) there is a need for development for that purpose in the zone,
(b) having regard to the objectives of the zone and the number of retail outlets that exist within (or are proposed for) the zone, the carrying out of the proposed development is appropriate, and
(c) the carrying out of the proposed development will not have a substantial adverse effect on existing business centres or on adjoining residential properties.
The following special use zones apply as shown on the map:
• Zone No 5 (a) Defence Purposes Zone—lettered 5 (a) on the map.
• Zone No 5 (c) Proposed Road Zone—lettered 5 (c) on the map.
• Zone No 5 (g) Special Urban (Flood Affected) Zone—lettered 5 (g) on the map.
• Zone SP1 Defence and Airport Related Employment Development Zone—lettered SP1 on the map.
A word or expression used in the matter relating to Zone SP1 Defence and Airport Related Employment Development Zone in the development control table to this clause has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 (as in force immediately before the commencement of the Standard Instrument (Local Environmental Plans) Amendment Order 2011).
The 5 (a) Defence Purposes Zone identifies land required for defence force use.
The objective of the 5 (a) Defence Purposes Zone is to provide for specific defence force and associated uses of land in appropriate locations.
Development by the Department of Defence for defence purposes.
Exempt development.
Development for the purpose of:
• aircraft maintenance,
• aircraft manufacture,
• airports,
• any activity associated with airports or defence,
• manufacture of components used in aircraft maintenance or manufacture,
• tourist facilities.
Any development not included in Item 3 or 4.
The 5 (c) Proposed Road Zone identifies land required for new roads and for the widening of roads. Provisions apply for landowners who wish to sell the land to the RTA and for the use of land prior to acquisition by that Authority.
The objective of this zone is to reserve land required for new roads and the widening of roads.
Development for the purpose of:
• roads,
• utility installations.
Exempt development.
Nil.
Any development not included in Item 3 or 4.
The 5 (g) Special Urban (Flood Affected) Zone is characterised by a mixture of commercial, light industrial and residential uses. The zone comprises some of the older residential and commercial or light industrial areas of Raymond Terrace. It provides for urban development compatible with the constraints of the land and in accordance with more detailed planning provisions contained within a development control plan.
The objectives of the Special Urban (Flood Affected) Zone are:
(a) to enable a range of urban development compatible with the constraints of the land such as floodwater inundation, and
(b) to identify land suitable for future urban development, and
(c) to allow only development of a kind that is, or can be rendered to be, compatible with inundation by flood waters, and
(d) to reduce the incidence of loss of life and damage to property and the environment in areas subject to flooding, and
(e) to allow suitable development on valuable land close to existing urban areas, and
(f) to protect and preserve items of environmental heritage, and
(g) to permit development which is compatible with the provisions of detailed planning objectives contained within development control plans.
Exempt development.
Flood mitigation works authorised under the Hunter Valley Flood Mitigation Act 1956.
Any development not included in Item 3 or 5.
Development for the purpose of:
• abattoirs,
• airports,
• brothels,
• hazardous industries,
• hazardous storage establishments,
• helicopter landing sites,
• heliports,
• hospitals,
• institutions,
• intensive agricultural pursuits,
• intensive agriculture,
• intensive animal husbandry,
• liquid fuel depots,
• material recycling facilities,
• mineral sand mines,
• mines,
• offensive industries,
• offensive storage establishments,
• road transport terminals,
• roadside stalls,
• urban housing.
The SP1 Defence and Airport Related Employment Development Zone identifies land for defence and airport related employment development purposes.
The objectives of the SP1 Defence and Airport Related Employment Development Zone are:
(a) to provide opportunities for the establishment of employment generating activities supporting the ongoing operation of RAAF Base Williamtown and Newcastle Airport, and
(b) to permit development that is appropriate and supportive to the continued operation of RAAF Base Williamtown and Newcastle Airport in terms of its land use type and location within the employment zone, and
(c) to prevent development that is not compatible with or that may compromise the continued operation of RAAF Base Williamtown or Newcastle Airport, and
(d) to minimise any adverse impacts on the surrounding land while protecting the inherent natural qualities and groundwater recharge areas, and
(e) to minimise the impact of the particular characteristics of the site including flooding constraints, groundwater quality and surface drainage, and
(f) to prevent urban encroachment to airfield operations.
Environmental protection works.
Development for the purpose of:
• advertisements,
• airports,
• bushfire hazard reduction work,
• business premises,
• car parks,
• clearing native vegetation,
• earthworks,
• educational establishments,
• freight transport facilities,
• heliports,
• hotel or motel accommodation,
• industries,
• information and education facilities,
• kiosks,
• neighbourhood shops,
• office premises,
• public administration buildings,
• recreation facilities (indoor),
• recreation facilities (outdoor),
• restaurants,
• service stations,
• vehicle repair stations,
• warehouse or distribution centres.
Any development not included in Item 3 or 4.
This clause applies to land within Zone SP1 Defence and Airport Related Employment Development.
Despite any other provisions of this plan, consent to any development on land to which this clause applies must not be granted unless the consent authority is satisfied that:
(a) it complies with the relevant provisions of Australian Standard AS 2021–2000, Acoustics—Aircraft noise intrusion—Building siting and construction as applicable, and
(b) it will not compromise the continued operation of RAAF Base Williamtown or Newcastle Airport, and
(c) the location and type of development supports a focused defence and airport related employment area.
This clause applies to land within Zone SP1 Defence and Airport Related Employment Development, but does not apply to such land if the whole or any part of it is in a special contributions area (as defined by section 93C of the Act).
The object of this clause is to require assistance towards the provision of designated State public infrastructure to satisfy needs that arise from development on land to which this clause applies, but only if the land is developed intensively for urban purposes.
Despite any other provision of this plan, the consent authority must not grant consent to the subdivision of land to which this clause applies if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the commencement of Port Stephens Local Environmental Plan 2000 (Amendment No 29), unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure referred to in subclause (2) in relation to that lot.
Subclause (3) does not apply to any lot:
(a) identified as a residue lot, or
(b) that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utilities, educational facilities, or any other public purpose.
Subclause (3) does not apply to a subdivision for the purpose only of rectifying an encroachment on any existing allotment.
State Environmental Planning Policy No 1—Development Standards does not apply to development for the purposes of subdivision on land to which this clause applies.
In this clause,
(a) State and regional roads,
(b) bus interchanges and bus lanes,
(c) rail infrastructure and land,
(d) land required for regional open space,
(e) land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes).
A person must not subdivide land within Zone SP1 Defence and Airport Related Employment Development except with the consent of the consent authority.
The consent authority may grant consent for a subdivision of land within Zone SP1 Defence and Airport Related Employment Development only if each allotment to be created by the proposed subdivision will be of a size, and will have a ratio of depth to frontage, that the consent authority considers appropriate:
(a) having regard to the purpose for which the allotment is intended to be used, or
(b) to facilitate the future development of the land for defence and airport related employment development.
Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
The owner of any land within Zone No 5 (c) may, by notice in writing, require the RTA to acquire the land.
On receipt of such a notice, the RTA must acquire the land if:
(a) the land is vacant land, or
(b) the land is not vacant land but:
(i) the land is included in the 5 year works program of the RTA current at the time of receipt of the notice, or
(ii) the RTA has decided not to give concurrence to an application for consent to the carrying out of development on the land, or
(iii) the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time,
but the RTA is not required to acquire the land if it might reasonably be required to be dedicated for a public road.
A person may, with the consent of the Council, carry out development on land within Zone No 5 (c):
(a) for a purpose for which development may be carried out on land in an adjoining zone, or
(b) for any other purpose which is compatible with development which may be carried out on land in an adjoining zone.
(Repealed)
Land acquired under this clause may be developed, with the consent of the consent authority, for any purpose, until such time as it is required for the purpose for which it was acquired.
In this clause:
A person shall not subdivide land in the Special Urban (Flood Affected) Zone except with the consent of the consent authority.
The consent authority may grant consent for a subdivision of land within the Special Urban (Flood Affected) Zone only if each allotment to be created by the proposed subdivision will be of a size that the consent authority considers appropriate:
(a) having regard to the purpose for which the allotment is intended to be used and having regard to the hazard of flooding, or
(b) to facilitate future development of the land for urban purposes, having regard to the hazard of flooding.
The following recreation zones apply as shown on the map:
• Zone No 6 (a) (General Recreation “A” Zone)—lettered 6 (a) on the map.
• Zone No 6 (c) (Special Recreation “C” Zone)—lettered 6 (c) on the map.
The General Recreation “A” Zone contains land that is currently used or is available to be used for both active and passive recreation. The zone generally relates to recreation reserves, foreshores, bushland and other land reserved for the public. It can include a number of recreational developments, such as playing fields, children’s playgrounds and bushland parks, and may include services and facilities catering for users of the reserve.
The objectives of the General Recreation “A” Zone are:
(a) to identify publicly owned land and ensure that it is available for open space recreation, and
(b) to provide an open space network to serve the present and future recreational needs of residents and visitors, and
(c) to permit development associated with, or complementary to, open space, and
(d) to allow development on foreshores where that development is water related and enhances the recreational use or natural environment of the foreshore, and
(e) to preserve the aesthetics of land which is prominent and visible to the public along foreshore areas, and
(f) to reserve privately owned land that is essential for future public open space and to provide for its acquisition by the Council.
Exempt development.
Works for the purpose of landscaping or gardening.
Development for the purpose of:
• advertisements,
• agriculture,
• aquaculture,
• bushfire hazard reduction,
• camp or caravan sites,
• child care centres,
• clearing native vegetation,
• clubs,
• community facilities,
• dams,
• earthworks,
• educational establishments,
• forestry,
• helicopter landing sites,
• marinas,
• places of assembly,
• race tracks,
• recreation areas,
• recreation facilities,
• restaurants,
• telecommunications facilities,
• utility installations.
Any development not included in Item 3 or 4.
The Special Recreation “C” Zone includes privately and publicly owned land used for recreational purposes such as licensed clubs, golf courses, bowling clubs and the like.
The objectives of the Special Recreation “C” Zone are to enable privately and publicly operated recreational development in suitable and accessible localities and to ensure facilities do not reduce the amenity of the locality or its environmental quality.
Exempt development.
Works for the purpose of landscaping, gardening or bushfire hazard reduction.
Development for the purpose of:
• advertisements,
• agriculture,
• aquaculture,
• camp or caravan sites,
• clearing native vegetation,
• clubs,
• dams,
• earthworks,
• forestry,
• marinas,
• race tracks,
• recreation areas,
• recreation facilities,
• restaurants,
• telecommunications facilities,
• tourist facilities,
• utility installations.
Any development not included in Item 3 or 4.
The owner of land zoned 6 (a) may write to the Council, asking the Council to acquire the land. Upon receipt of such a request, the Council must acquire the land, unless:
(a) the land can reasonably be required to be dedicated to the public by the owner on subdivision or development of that land or adjoining land in the same ownership, or
(b) the land is public land and held by a public authority for the purpose of public open space.
The Council need not take any action with respect to acquiring land within Zone No 6 (a) for 90 days (or for such other period as may be agreed between the owner and the Council before that period expires) after receiving a notice requiring acquisition of land if the Council, within 14 days after receiving the notice, notifies the owner that it is reviewing the zoning of the land. The Council need not acquire the land pursuant to the notice if the land is rezoned, or the Council resolves (or has resolved) to prepare a local environmental plan to rezone the land, before the period of 90 days (or the agreed period) expires.
Land zoned 6 (a) may be developed for any purpose with the consent of the consent authority, where the consent authority is satisfied that the land is not required for public recreation in the immediate future and the carrying out of that development will not adversely affect the future use of the land for public recreation.
A person shall not subdivide land in a recreation zone except with the consent of the consent authority.
The consent authority may grant consent for a subdivision of land within a recreation zone only if each allotment to be created by the proposed subdivision will be of a size that the consent authority considers appropriate:
(a) having regard to the purpose for which the allotment is intended to be used, or
(b) to facilitate future development of the land for recreational purposes.
The following environment protection zones apply as shown on the map:
• Zone No 7 (a) (Environment Protection “A” Zone)—lettered 7 (a) on the map.
• Zone No 7 (c) (Environment Protection “C” (Water Catchment) Zone)—lettered 7 (c) on the map.
• Zone No 7 (f1) (Environment Protection “F1” (Coastal Lands) Zone)—lettered 7 (f1) on the map.
• Zone No 7 (f3) (Environment Protection “F3” (Urban Conservation) Zone)—lettered 7 (f3) on the map.
• Zone No 7 (w) (Environment Protection “W” (Waterways) Zone)—lettered 7 (w) on the map.
The Environment Protection “A” Zone is comprised of lands which are environmentally sensitive or of particular environmental interest. It includes water catchment areas, wetlands and areas of significant flora or fauna habitat. Development in this zone is generally comprised of scattered residential development and development for the purpose of tourist accommodation sympathetic to, and compatible with, the natural environment and its features.
The objectives of the Environment Protection “A” Zone are to encourage the conservation and proper management of environmentally sensitive land and to ensure that existing and future land uses and land management practices do not detract from the environmental values of the land, and, in particular:
(a) to protect significant wildlife habitats, water catchment areas and coastal lands, and
(b) to regulate development to avoid inappropriate uses of land, being uses which would destroy or damage a habitat ecosystem (particularly that of wetlands), significant vegetation or wildlife, and
(c) to promote the regeneration of areas of significant vegetation, and their corridors, for the protection of native fauna and flora species and to maintain their diversity, and
(d) to encourage development compatible with, and sympathetic to, the preservation of the natural environment and based on the principles of ecologically sustainable development, and
(e) to regulate development so that it does not adversely affect and is not adversely affected by coastal processes, in both the short and long term, and
(f) to maintain the visual character of coastal landscapes, hillscapes and ridgelines and the availability of land for coastal recreation and access, and
(g) to ensure the sensitive use of renewable resources to maintain the integrity of the resource base and provide for its continued use by future generations, and
(h) to conserve biological diversity and ecological integrity.
Exempt development.
Development for the purpose of:
• agriculture,
• aquaculture,
• bed and breakfast establishments,
• bushfire hazard reduction,
• clearing native vegetation,
• community facilities,
• dams,
• dual occupancy housing,
• dwelling-houses,
• earthworks,
• home employment,
• places of assembly,
• places of public worship,
• recreation areas,
• recreation facilities,
• tourist facilities,
• utility installations.
Subdivision permitted by clause 33.
Any development not included in Item 3 or 4.
The Environment Protection “C” (Water Catchment) Zone is comprised of lands which are environmentally sensitive and are also in the care and control of the Hunter Water Corporation. Development in this zone generally relates to the on-going and long-term management of the surface and groundwater catchment by the Hunter Water Corporation. There are also other sympathetic and compatible uses of the land in the zone.
The objectives of the Environment Protection “C” (Water Catchment) Zone are:
(a) to ensure the protection of water catchment areas to safeguard the quality and quantity of groundwater and surface water, and
(b) to regulate development so as to avoid uses of land that would destroy or damage the quality or quantity of groundwater or surface water.
Exempt development.
Development for the purpose of:
• agriculture,
• bushfire hazard reduction,
• clearing native vegetation,
• community facilities,
• dams,
• dwelling-houses,
• earthworks,
• recreation areas,
• recreation facilities,
• tourist facilities,
• utility installations.
Subdivision permitted by clause 33.
Any development not included in Item 3 or 4.
The land within the Environment Protection “F1” (Coastal Lands) Zone is identified as being land located along the coastline that is, for aesthetic or environmental reasons, environmentally sensitive, and is generally held in public ownership.
The objectives of the Environment Protection “F1” (Coastal Lands) Zone are:
(a) to identify and protect coastal lands which are recognised as being environmentally sensitive, and
(b) to safeguard sections of the coast which are significant tourist and recreational areas and to promote only environmentally and aesthetically sympathetic development, and
(c) to regulate development so that it does not adversely affect and is not adversely affected by coastal processes, in both the short and long term.
Exempt development.
Development for the purpose of:
• agriculture,
• aquaculture,
• bed and breakfast establishments,
• bushfire hazard reduction,
• camp or caravan sites,
• clearing native vegetation,
• community facilities,
• dams,
• dual occupancy housing,
• dwelling-houses,
• earthworks,
• home employment,
• places of assembly,
• places of public worship,
• recreation areas,
• recreation facilities,
• tourist facilities,
• utility installations.
Subdivision permitted by clause 34.
Any development not included in Item 3 or 4.
The land within the Environment Protection “F3” (Urban Conservation) Zone is environmentally sensitive land and may be low lying or adjacent to sensitive ecosystems, or affected by acid sulphate soils or poor drainage.
The objectives of the Environment Protection “F3” (Urban Conservation) Zone are:
(a) to identify lands which are environmentally sensitive and to promote development which recognises that sensitivity and ensures the protection of the environment, and
(b) to permit agriculture and low density residential development which is compatible with, and sympathetic to, the environment, and
(c) to ensure that development does not have an adverse effect on sensitive ecosystems and their buffer areas.
Exempt development.
Development for the purpose of:
• agriculture,
• bed and breakfast establishments,
• bushfire hazard reduction,
• clearing native vegetation,
• community facilities,
• dual occupancy housing, other than on land within the Hill Tops precinct of the Nelson Bay (West) Area,
• dwelling-houses,
• earthworks,
• home employment,
• places of assembly,
• places of public worship,
• recreation areas,
• recreation facilities,
• tourist facilities,
• utility installations.
Subdivision permitted by clause 33.
Any development not included in Item 3 or 4.
The Environment Protection “W” (Waterways) Zone applies to the Port Stephens waterway including Tilligerry Creek. Development in this zone is generally of a low impact nature that is sympathetic to, and compatible with, the natural environment.
The objectives of the Environment Protection “W” (Waterways) Zone are to minimise the impacts caused by commercial operations on the marine life and ecology of the Port Stephens waterways and to provide for such activities and facilities which:
(a) are compatible with the existing or planned future character of the waterways and adjoining foreshores, and
(b) protect and maintain the viability of the oyster, prawn and fishing industries of the Port whilst enabling a balance of compatible recreational uses, and
(c) maintain the integrity of the waterways resource base and provide for its continued use by future generations, and
(d) ensure there is provision for multiple use of the waterways of Port Stephens having regard to the use and zoning of adjoining waterfront lands, and
(e) protect and enhance the aquatic environment and the significant marine habitats of Port Stephens, and
(f) protect and enhance the natural environment based on the principles of ecologically sustainable development including biological diversity and ecological integrity, and
(g) do not adversely affect and are not adversely affected by coastal processes, in both the short and long term.
Development for the purpose of:
• boating activities, except development for the purpose of tourist boats,
• maintenance dredging.
Exempt development.
Any development not included in Item 3.
Nil.
A person must not subdivide land within Zone No 7 (a), 7 (c) or (f3) except:
(a) for any of the following purposes:
(i) the opening or widening of a public road,
(ii) to change allotment boundaries in any way, but not so as to create additional allotments,
(iii) consolidation of allotments,
(iv) rectification of any encroachment on any existing allotments,
(v) the creation of allotments corresponding to the parts into which a single allotment is divided by a public road, or
(b) for the purpose of the creation of an allotment or allotments intended to be used for any one or more of the purposes (excluding dwelling-houses or dual occupancy housing) for which it may be used with or without the consent of the consent authority.
Subdivision of land for a purpose specified in subclause (1) (a) does not have the effect of precluding development of the land for any purpose for which it might have been developed immediately prior to the subdivision (except in so far as the land has been taken for a road as referred to in subclause (1) (a)).
The consent authority must not consent to the subdivision of land within the environment protection zone No 7 (f1) unless each allotment to be created by the subdivision has an area of not less than 40 hectares.
Notwithstanding subclause (1), the consent authority may consent to a subdivision of land referred to in that subclause involving the creation of not more than one allotment having an area of less than 40 hectares if the consent authority is satisfied that:
(a) the allotment to be created is lawfully used for a purpose other than a dwelling-house, dual occupancy housing or agriculture, or
(b) the allotment to be created may, by reason of a development consent granted in respect of that allotment, lawfully be used for a purpose other than a dwelling-house, dual occupancy housing or agriculture.
The consent authority must not grant consent to a development application relating to land within an environment protection zone unless it is satisfied that:
(a) the carrying out of the proposed development will not harm or compromise ecological habitats, and
(b) the land is not subject to high bushfire hazard, and
(c) where a dwelling-house is permissible on the land (with or without the consent of the consent authority), each allotment to be created by any proposed subdivision has an area of land, suitable for the erection of a dwelling-house, which is not affected by slopes greater than 30%, and
(d) where a dwelling-house or dual occupancy housing is permissible on the land, any proposed building will have a height of no more than 9 metres in the case of a dwelling-house and 8 metres in the case of dual occupancy housing, and
(e) any subdivision will occur in an orderly and efficient manner and will not create undue demands on the provision of services and infrastructure for the locality, and
(f) the land concerned has an adequate area of suitable soils available for on-site septic effluent disposal, located away from drainage lines and shallow or impervious soils, unless reticulated water and sewerage services are available.
The consent authority must not consent to the erection of a dwelling-house or dual occupancy housing on an allotment having an area of less than 40 hectares created pursuant to a consent referred to in clause 34 (2).
The owner of any land within Zone No 7 (f1) may, by notice in writing, require the Minister administering the Environmental Planning and Assessment Act 1979 to acquire the land. Upon receipt of such a notice, the Minister must acquire the land.
Land zoned 7 (f1) may be developed for any purpose permissible in the zone, with the consent of the consent authority. The consent authority must not grant such a consent unless it is satisfied that the carrying out of the proposed development will not adversely affect the future use of the land for the purposes for which it has been zoned.
The consent authority shall not consent to the erection of a dwelling-house or dual occupancy housing on an allotment of land within Zone No 7 (f1) unless:
(a) the allotment has an area of not less than 40 hectares, or
(b) the allotment was lawfully created prior to 22 June 1979.
The objectives for development on flood prone land are:
(a) to minimise risk to human life and damage to property caused by flooding and inundation through controlling development, and
(b) to ensure that the nature and extent of the flooding and inundation hazard are considered prior to development taking place, and
(c) to provide flexibility in controlling development in flood prone localities so that the new information or approaches to hazard management can be employed where appropriate.
A person shall not carry out development for any purpose on flood prone land except with the consent of the consent authority.
Before granting consent to development on flood prone land the consent authority must consider the following:
(a) the extent and nature of the flooding or inundation hazard affecting the land,
(b) whether or not the proposed development would increase the risk or severity of flooding or inundation affecting other land or buildings, works or other land uses in the vicinity,
(c) whether the risk of flooding or inundation affecting the proposed development could reasonably be mitigated and whether conditions should be imposed on any consent to further the objectives of this plan,
(d) the social impact of flooding on occupants, including the ability of emergency services to access, rescue and support residents of flood prone areas,
(e) the provisions of any floodplain management plan or development control plan adopted by the Council.
Despite any other provision of this plan, a person must not, except with the consent of the consent authority, on land within 30 metres of a bank of the Williams River and within the Williams River catchment:
(a) erect a building (or alter or add to a building so as to enlarge or extend it), or
(b) construct dams, drainage works, levee banks or water storage areas, or
(c) carry out any other development.
Despite any other provision of this plan, a person must not, except with the consent of the consent authority, subdivide land within 30 metres of a bank of the Williams River and within the Williams River catchment.
The consent authority must not grant consent as referred to in subclause (1) or (2) unless, in the opinion of the consent authority, the subdivision or other development of the land will be carried out in a manner which, in respect of that land and the adjacent land, does not result in a significantly increased risk of:
(a) soil erosion or other environmental degradation, or
(b) loss of vegetation or habitat, or
(c) disturbance of sodic or dispersive soils, or
(d) degradation of water quality or the quality of groundwater supplies.
This clause does not apply to development for the purpose of fencing, revegetation or river management works.
In this clause,
(a) the conditions subject to which funding has been provided for the works by the Department of Land and Water Conservation, or
(b) a permit or other approval granted by the Director-General of that Department, or
(c) a Rivercare or Landcare plan or the like administered by the Hunter Catchment Management Trust.
Development may, with the consent of the consent authority, be carried out on land which is within 20 metres of a boundary between any two zones for any purpose for which development may be carried out in the adjoining zone on the other side of the boundary.
No new means of vehicular access shall, except with the consent of the consent authority, be opened, constructed, formed, laid out or used from any land adjacent to a boundary of a road identified as follows:
(a) Pacific Highway—State Highway No 10,
(b) Nelson Bay Road—Main Road 108 (between the intersection of Stockton Street and Church Street, Nelson Bay, and the boundary of Port Stephens local government area at Fern Bay),
(c) Medowie Road—Main Road 518,
(d) Cabbage Tree Road/Tomago Road—Main Road 302,
(e) Richardson Road—Main Road 104 (between Nelson Bay Road and Watt Street, Raymond Terrace).
(Repealed)
The consent authority shall not consent to an application to carry out development on land which has frontage to an arterial road unless:
(a) access to the land is provided by a road other than the arterial road, wherever practicable, and
(b) in the opinion of the consent authority, the safety and efficiency of the arterial road will not be adversely affected by the carrying out of the proposed development because of:
(i) the nature of the access to the land concerned, or
(ii) the emission of smoke or dust from that land, or
(iii) the nature, volume or frequency of vehicles gaining access to the land, and
(c) the proposed development will meet any relevant road traffic noise standards of the State or the Council.
(d) (Repealed)
The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.
Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this plan to discharge trusts on which public reserves are held if the land is reclassified under this plan as operational land.
The public land described in Part 1 or Part 2 of Schedule 1 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
The public land described in Part 3 of Schedule 1 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.
The public land described in Part 1 of Schedule 1:
(a) does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.
The public land described in Part 2 of Schedule 1, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except:
(a) those (if any) specified for the land in Column 3 of Part 2 of Schedule 1, and
(b) any reservations that except land out of the Crown grant relating to the land, and
(c) reservations of minerals (within the meaning of the Crown Lands Act 1989).
In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 1.
The consent authority may consent to the development of land within view of any waterway or adjacent to any main or arterial road, public reserve or land zoned as open space, only if it takes into consideration the probable aesthetic appearance of the proposed building or work or that land when used for the proposed purpose and viewed from that waterway, main or arterial road, public reserve or land zoned as open space.
The consent authority may consent to development of land on or near any ridgeline visible from a public road only if it is satisfied that the development would not be likely to detract substantially from the visual amenity of the locality.
In determining whether to grant a consent referred to in subclause (1) or (2), the consent authority shall consider the following:
(a) the height and location of any building that will result from carrying out the development,
(b) the reflectivity of materials to be used in carrying out the development,
(c) the likely effect of carrying out the development on the stability of the land,
(d) any bushfire hazard,
(e) whether carrying out the development is essential to the viability of the land concerned,
(f) the likely extent and effect of carrying out the development on vegetation on the land concerned.
A person shall not carry out development on land shown unzoned on the map without the consent of the consent authority.
The consent authority shall grant its consent under subclause (1) only for a purpose which may be carried out either with or without the consent of the consent authority on land adjoining that unzoned land.
A person shall not carry out development on any land:
(a) below high water mark, or
(b) forming part of the bed of a river, creek, bay, lagoon or other natural watercourse,
without the consent of the consent authority.
The carrying out of development of any description specified in Schedule 1 to the Environmental Planning and Assessment Model Provisions 1980 shall continue to be permissible without development consent.
The consent authority shall not grant its consent to the carrying out of any development on any land unless:
(a) a water supply and facilities for the removal or disposal of sewage and drainage are available to that land, or
(b) arrangements satisfactory to it have been made for the provision of that supply and those facilities.
Despite any other provision of this plan, a person may, with the consent of the consent authority, carry out development on land for any purpose (not being designated development) for a maximum period of 28 days, whether consecutive or non-consecutive, in any one year.
The objective of this clause is to identify development of minimal environmental impact as exempt development.
Development specified in Schedule 3 that meets the standards for the development contained in that Schedule and any other requirements contained in that Schedule and that complies with the requirements of this clause is
To be exempt development:
(a) the development must:
(i) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(ii) be more than 1 metre from any easement or public sewer main, and
(iii) if it relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9, have a current fire safety certificate or fire safety statement or be a building for which no fire safety measures are currently implemented, required or proposed, and
(b) the development must not:
(i) if it relates to an existing building, cause the building to contravene the Building Code of Australia, or
(ii) require a tree to be removed, or
(iii) create interference with the neighbourhood because it is noisy, causes vibrations, creates smells, fumes, smoke, vapour, steam, soot, ash, dust, waste water, grit or oil, or
(iv) be designated development, or
(v) be development on land that comprises, or on which there is, an item of environmental heritage that is listed on the State Heritage Register under the Heritage Act 1977 or in Schedule 2 to this Plan or that is subject to an interim heritage order under the Heritage Act 1977, or
(vi) be on or in an environmentally sensitive area of State significance.
The objective of this clause is to identify development as complying development.
Development specified in Schedule 4 that is carried out in compliance with the standards listed in that Schedule in respect of the development and any other requirements contained in that Schedule and that complies with the requirements of this clause is
To be complying development, the development must:
(a) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(b) be more than 1 metre from any easement or public sewer main, 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.
To be complying development, the development must not be carried out on or in:
(a) a site that has at any time previously been used:
(i) as a service station, or
(ii) as a sheep or cattle dip, or
(iii) for intensive agriculture, or
(iv) for mining (but not underground mining) or an extractive industry, or
(v) for waste storage or waste treatment, or
(vi) for the manufacture of chemicals, asbestos, or asbestos products, or
(b) an environmentally sensitive area of State significance, or
(c) land to which clause 51A (Development on land identified on Acid Sulfate Soils Planning Maps) applies, or
(d) land to which clause 38 (Development on flood prone land) applies, or
(e) land located within the 20 Australian Noise Exposure Forecast contour as identified on the 2012 Australian Noise Exposure Forecast for Salt Ash Air Weapons Range and for RAAF Base Williamtown.
The Council may, by resolution, make, revoke or amend a tree preservation order.
A tree preservation order, and any revocation or amendment of such an order, does not have effect until it has been published in a newspaper circulating in the Port Stephens local government area.
A tree preservation order must specify the types or sizes of trees, or identify the locations of the trees, that are covered by the order.
While a tree preservation order is in force, a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree covered by the order without development consent.
Subclause (4) does not apply where it can be demonstrated to the satisfaction of the consent authority that the tree is dying or dead or has become dangerous.
A tree preservation order does not apply to or in respect of:
(a) trees within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or
(b) action required or authorised to be done by or under the Electricity Supply Act 1995, the Electricity Safety Act 1945, the Roads Act 1993 or the Surveyors Act 1929, or
(c) plants declared to be noxious weeds under the Noxious Weeds Act 1993.
A tree preservation order made, and in force immediately before the appointed day, under an interim development order relating to land within the Port Stephens local government area shall be deemed to be a tree preservation order made by the Council under this clause and may be revoked or amended in accordance with this clause.
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Internal fit out to existing shops or commercial premises |
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Carport or detached garage |
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Roof stormwater run-off must be discharged to an infiltration trench with overflow to:
No overflow is required for rural and rural-residential properties provided discharge is a minimum of 10m from the receiving boundary.
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Swimming pool (associated with a dwelling) |
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Subdivision for the purpose of:
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(a) where accommodation, meals and laundry facilities are provided to the residents of the building or place, and
(b) which is the principal place of residence of the majority of residents, and
(c) which is not licensed to sell liquor under the Liquor Act 1982.
(a) a large area for handling, storage or display, or
(b) direct vehicular access to the site by the public, for loading items into their vehicles after purchase,
but does not include a building or place used for the sale of foodstuffs or clothing.
(a) placing moveable dwellings within the meaning of the Local Government Act 1993 for permanent accommodation, or for the temporary accommodation of tourists, or
(b) the erection, assembly or placement of cabins for the temporary accommodation of tourists.
(a) the children number 6 or more, are under 6 years of age, and do not attend a government school, or a registered non-government school, within the meaning of the Education Act 1990, and
(b) the building or place does not provide residential care for any of the children (other than those related to the owner or operator).
The term is defined as follows:
(a) cutting down, felling, thinning, logging or removing native vegetation,
(b) killing, destroying, poisoning, ringbarking, uprooting or burning native vegetation.
(See Division 3 of Part 3 of the Native Vegetation Act 2003 for the exclusion of routine agricultural management and other farming activities from constituting the clearing of native vegetation if the landholder can establish that any clearing was carried out for the purpose of those activities.)
(a) coastal waters of the state, or
(b) land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies, or
(c) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997, or
(d) 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, or
(e) land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance, or
(f) land reserved as a State conservation area under the National Parks and Wildlife Act 1974, or
(g) land, places, buildings or structures listed on the State Heritage Register, or
(h) land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes, or
(i) land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994.
(a) the winning of extractive material including sand, gravel, clay, turf, soil, rock, stone or similar substances, or
(b) an undertaking, not being a mine, which depends for its operations on the winning of extractive material from the land upon which it is carried on, and includes any washing, crushing, grinding, milling or separating into different sizes of that extractive material on that land.
(a) columns, fin walls, sun control devices and any elements, projections or works outside the general line of the outer face of the external walls, and
(b) lift towers, cooling towers, machinery and plant rooms and ancillary storage space and vertical air-conditioning ducts, and
(c) car-parking needed to meet any requirements of the council and any internal access thereto, and
(d) space for the loading and unloading of goods.
(a) to human health, life or property, or
(b) to the biophysical environment.
(a) to human health, life or property, or
(b) to the biophysical environment.
(a) a podiatrist registered under the Podiatrists Act 1989,
(b) a chiropractor or osteopath or chiropractor and osteopath registered under the Chiropractors and Osteopaths Act 1991,
(c) a physiotherapist registered under the Physiotherapists Registration Act 1945, and
(d) an optometrist registered under the Optometrists Act 1930.
(a) a terminal building, or
(b) facilities for the parking, storage or repair of helicopters.
(a) the person providing the child care is appropriately licensed under the Children and Young Persons (Care and Protection) Act 1998,
(b) the number of children at the dwelling (including children related to the carer or licensee) does not at any one time exceed 7 children under the age of 12 years, including no more than 5 who do not ordinarily attend school.
(a) is undertaken by the permanent residents of the dwelling whether or not others are also employed, and
(b) does not interfere with the amenity of the adjoining properties or the locality in which the dwelling is situated, and
(c) does not involve exposure to view from any adjacent premises or from any public place of any unsightly matter, and
(d) does not require the provision of any essential service main of a greater capacity than that available in the locality,
but does not include the use of the land or buildings for a home occupation or a brothel.
(a) registration of the building under the Factories, Shops and Industries Act 1962, or
(b) the employment of persons other than those residents, or
(c) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste waters, waste products or grit or oil or otherwise, or
(d) the display of goods, whether in a window or otherwise, or
(e) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling-house, dwelling, front fence or a pole within the property boundary such that the height of the sign is not more than 1.5m, to indicate the name and occupation of the resident), or
(f) the sale of items (whether goods or materials) or the exposure or offer for sale of items, by retail.
(a) ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or restaurants and ancillary accommodation for persons receiving health care or for their visitors, and
(b) facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers, and whether or not any such use is a commercial use.
(a) involves the confinement in an area with watering and feeding facilities where the animals are completely hand or mechanically fed for the purpose of production, or
(b) requires particular treatment or practices for the management of liquid or solid wastes to prevent the pollution of any part of the environment, or
(c) requires separation from surrounding land uses to minimise the risk of land use conflict or for any other reason.
(a) feed lots containing more than 5 cattle, and
(b) piggeries containing more than 5 pigs, and
(c) poultry farming establishments containing more than 20 birds.
(a) a main or arterial road, or
(b) a road connecting with a main or arterial road, if the whole or any part of the frontage is within 90 metres (measured along the road alignment of the connecting road) of the alignment of the main or arterial road.
(a) slipways, and
(b) facilities for the repair, maintenance and fuelling of or the provision of accessories and parts for, boats or boating enthusiasts, and
(c) facilities for the storage or provision of food, and
(d) facilities for wholesale and retail sales, and for commercial, industrial and heavy engineering works and other activities connected with the fishing industry.
(a) whether or not some (but not all) persons are admitted free of charge, and
(b) whether or not the money or other consideration demanded:
(i) as a charge for a meal or other refreshment before admission is granted, or
(ii) as a charge for the entertainment after admission is granted.
(a) a public road, or
(b) land to which the Crown Lands Act 1989 applies, or
(c) a common, or
(d) land subject to the Trustees of Schools of Arts Enabling Act 1902, or
(e) a regional park under the National Parks and Wildlife Act 1974.
(a) railway, road transport, water transport, air transport, wharf or river undertakings,
(b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,
and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Government Department, corporation, firm or authority carrying on the undertaking.
(a) a children’s playground,
(b) an area used for sporting activities or sporting facilities,
(c) an area used to provide recreational facilities for the physical, cultural or intellectual welfare of the community, and
(d) an area used by a body of persons associated for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes,
but does not include a racecourse, race track or a showground.
(a) the use or settlement of the area of Port Stephens, not being Aboriginal habitation, which is more than 50 years old, or
(b) Aboriginal habitation of the area of Port Stephens before or after its occupation by persons of European extraction.
(a) publications classified Category 1 restricted or Category 2 restricted under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth are shown exhibited, displayed, sold or otherwise rendered accessible or available to the public, or
(b) a business to which section 578E of the Crimes Act 1900 applies is conducted,
but does not include a newsagency or pharmacy.
(a) the hiring of trailers,
(b) the retail selling or the installing of spare parts and accessories for motor vehicles,
(c) the washing and greasing of motor vehicles,
(d) the repairing or servicing of motor vehicles (other than body building, panel beating or spray painting),
(e) the retail selling or hiring of small consumer goods.
(a) in relation to residential development, the following are not included for the purpose of calculating site coverage:
(i) a basement,
(ii) pedestrian awnings adjoining the street frontage,
(iii) eaves, and
(b) in relation to commercial development, the following are not included for the purpose of calculating site coverage:
(i) a basement,
(ii) pedestrian awnings adjoining the street frontage,
(iii) unenclosed pedestrian decks adjoining the street frontage,
(iv) transparent or translucent roof structures over a landscaped area.
(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 the following:
(c) a spa bath,
(d) anything that is situated within a bathroom,
(e) anything declared by the regulations under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.
The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.
• Port Stephens Local Environmental Plan 2000 (Amendment No 1)
• Port Stephens Local Environmental Plan 2000 (Amendment No 3)
• Port Stephens Local Environmental Plan 2000 (Amendment No 6)
• Port Stephens Local Environmental Plan 2000 (Amendment No 8)
• Port Stephens Local Environmental Plan 2000 (Amendment No 14)
• Port Stephens Local Environmental Plan 2000 (Amendment No 16)
• Port Stephens Local Environmental Plan 2000 (Amendment No 17)
• Port Stephens Local Environmental Plan 2000 (Amendment No 18)
• Port Stephens Local Environmental Plan 2000 (Amendment No 19)
• Port Stephens Local Environmental Plan 2000 (Amendment No 20)
• Port Stephens Local Environmental Plan 2000 (Amendment No 21)—Sheets 1 to 7
• Port Stephens Local Environmental Plan 2000 (Amendment No 24)
• Port Stephens Local Environmental Plan 2000 (Amendment No 27)—Sheet 1
• Port Stephens Local Environmental Plan 2000 (Amendment No 32)
• Port Stephens Local Environmental Plan 2000 (Amendment No 33)
• Port Stephens Local Environmental Plan 2000 (Amendment No 34)—Sheets 1 to 3
• Port Stephens Local Environmental Plan 2000 (Amendment 35)
• Port Stephens Local Environmental Plan 2000 (Amendment No 36)—Sheet 1
• Port Stephens Local Environmental Plan 2000 (Amendment No 38)
(a) pending their sale and distribution to persons engaged in the retail trade, or
(b) on a casual or hire basis,
and includes any ancillary showroom.
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