Queanbeyan Local Environmental Plan 2012 (NSW)

Case
No judgment structure available for this case.

Does not include amendments by—

Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021 (650), Sch 3 (not commenced — to commence on 1.12.2022)

See also—

Planning Legislation Amendment Bill 2019

Maps: Am 2014 (475), cl 4; 2015 (152), cl 4; 2015 (653), cl 4; 2015 (680), cl 4; 2018 (44), cl 4; 2018 (662), cl 4; 2019 (155), cl 5; 2020 (194), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.

Part 1Preliminary1.1Name of Plan

This Plan is Queanbeyan Local Environmental Plan 2012.

1.1AACommencement

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

1.2Aims of Plan(1)

This Plan aims to make local environmental planning provisions for land in that part of Queanbeyan-Palerang Regional local government area to which this Plan applies (in this Plan referred to as Queanbeyan) in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.

(2)

The particular aims of this Plan are as follows—

  • (aa)

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

  • (a)

    to facilitate the orderly and economic use and development of land in Queanbeyan based on ecological sustainability principles,

  • (b)

    to provide for a diversity of housing throughout Queanbeyan,

  • (c)

    to provide for a hierarchy of retail, commercial and industrial land uses that encourage economic and business development catering for the retail, commercial and service needs of the community,

  • (d)

    to recognise and protect Queanbeyan’s natural, cultural and built heritage including environmentally sensitive areas such as Queanbeyan’s native grasslands, the Queanbeyan River and Jerrabomberra Creek,

  • (e)

    to protect the scenic quality, views and vistas from main roads and other vantage points within Queanbeyan of the escarpment and Mount Jerrabomberra,

  • (f)

    to maintain the unique identity and country character of Queanbeyan,

  • (g)

    to facilitate the orderly growth of the urban release area in Googong in a staged manner that promotes a high level of residential amenity and the timely provision of physical and social infrastructure through appropriate phasing of the development of land.

cl 1.2: Am 2017 (73), cl 4 (1).

1.3Land to which Plan applies(1)

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

(1A)

Despite subclause (1), this Plan does not apply to the land identified on the Land Application Map as “Deferred matter”.

1.4Definitions

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

1.5Notes

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

1.6Consent authority

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

1.7Maps(1)

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

  • (a)

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

  • (b)

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

(1AA)

(Repealed)

(2)

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

(3)

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

(4)

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

Note—

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

1.8Repeal of planning instruments applying to land(1)

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

Note—

The following local environmental plans are repealed under this provision—

  • Yarrowlumla Local Environmental Plan 1993

  • Queanbeyan Local Environmental Plan (Googong) 2009

(2)

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

1.8ASavings provision relating to development applications

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

Note—

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

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

1.9Application of SEPPs(1)

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

(2)

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

1.9ASuspension of covenants, agreements and instruments(1)

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

(2)

This clause does not apply—

  • (a)

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

  • (b)

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

  • (c)

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

  • (d)

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

  • (e)

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

  • (f)

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

  • (g)

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

(3)

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

(4)

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

cl 1.9A: Am 2019 (621), Sch 5[2]–[4].

Part 2Permitted or prohibited development2.1Land use zones

The land use zones under this Plan are as follows—

  • Rural Zones

    RU2 Rural Landscape

  • Residential Zones

    R1 General Residential

    R2 Low Density Residential

    R3 Medium Density Residential

    R4 High Density Residential

    R5 Large Lot Residential

  • Business Zones

    B1 Neighbourhood Centre

    B2 Local Centre

    B3 Commercial Core

    B4 Mixed Use

    B5 Business Development

  • Industrial Zones

    IN1 General Industrial

    IN2 Light Industrial

  • Special Purpose Zones

    SP1 Special Activities

    SP2 Infrastructure

  • Recreation Zones

    RE1 Public Recreation

    RE2 Private Recreation

  • Conservation Zones

    C1 National Parks and Nature Reserves

    C2 Environmental Conservation

    C3 Environmental Management

    C4 Environmental Living

  • Waterway Zones

    W1 Natural Waterways

2.2Zoning of land to which Plan applies

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

2.3Zone objectives and Land Use Table(1)

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

  • (a)

    the objectives for development, and

  • (b)

    development that may be carried out without development consent, and

  • (c)

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

  • (d)

    development that is prohibited.

(2)

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

(3)

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

  • (a)

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

  • (b)

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

(4)

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

Notes—

Schedule 1 sets out additional permitted uses for particular land.

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

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

Clause 2.6 requires consent for subdivision of land.

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

2.4Unzoned land(1)

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

(2)

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

  • (a)

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

  • (b)

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

2.5Additional permitted uses for particular land(1)

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

  • (a)

    with development consent, or

  • (b)

    if the Schedule so provides—without development consent,

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

(2)

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

2.6Subdivision—consent requirements(1)

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

Notes—

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

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

(2)

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

Note—

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

2.7Demolition requires development consent

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

Note—

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

2.8Temporary use of land(1)

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

(2)

Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.

(3)

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

  • (a)

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

  • (b)

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

  • (c)

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

  • (d)

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

(4)

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

(5)

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

Note—

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 (Biodiversity and Conservation) 2021, Chapter 7

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

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

Land Use tbl: Am 2014 (245), Sch 1 [1] [2]; 2015 (152), Sch 1 [1]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 (621), Sch 3; 2021 (714), Sch 10.13[1].

Zone RU2Rural Landscape1Objectives of zone
  • 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.

2Permitted without consent

Environmental protection works; Extensive agriculture; Home-based child care; Home occupations

3Permitted with consent

Agriculture; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Building identification signs; Business identification signs; Cellar door premises; Cemeteries; Community facilities; Crematoria; Dwelling houses; Entertainment facilities; Environmental facilities; Farm buildings; Farm stay accommodation; Flood mitigation works; Function centres; Helipads; Home businesses; Home industries; Information and education facilities; Landscaping material supplies; Markets; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Roads; Roadside stalls; Rural industries; Rural supplies; Secondary dwellings; Transport depots; Veterinary hospitals; Water supply systems

4Prohibited

Any development not specified in item 2 or 3

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

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

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

  • To ensure that buildings with non-residential uses have a bulk and scale that is compatible with the zone’s predominantly residential character.

  • To promote walkable neighbourhoods and a sense of community.

  • To ensure that where possible, development maintains existing bushland.

  • To encourage medium to high density housing located in close proximity to the town and village centres.

2Permitted without consent

Environmental protection works; Home occupations

3Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Home businesses; Home industries; Hostels; Information and education facilities; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Residential flat buildings; Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Serviced apartments; Shop top housing; Tank-based aquaculture; Veterinary hospitals; Waste or resource management facilities

4Prohibited

Any development not specified in item 2 or 3

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

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

  • To encourage development that considers the low density amenity of existing and future residents.

  • To encourage development that is designed to recognise the bushland character of the locality where appropriate and to minimize the impact of urban development, particularly on the edge of the urban area.

2Permitted without consent

Home occupations

3Permitted with consent

Bed and breakfast accommodation; Boarding houses; Boat sheds; Building identification signs; Business identification signs; Caravan parks; Centre-based child care facilities; Community facilities; Dwelling houses; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Health consulting rooms; Home businesses; Home industries; Information and education facilities; Jetties; Moorings; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Roads; Secondary dwellings; Seniors housing; Tank-based aquaculture; Water recreation structures; Water reticulation systems

4Prohibited

Any development not specified in item 2 or 3

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

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

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

  • To encourage development that considers the medium density amenity of existing and future residents.

2Permitted without consent

Nil

3Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Caravan parks; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Home businesses; Home industries; Hostels; Information and education facilities; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Serviced apartments; Shop top housing; Tank-based aquaculture; Water reticulation systems

4Prohibited

Any other development not specified in item 2 or 3

Zone R4High Density Residential1Objectives of zone
  • 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 encourage development that considers the high density amenity of existing and future residents.

2Permitted without consent

Nil

3Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Caravan parks; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Function centres; Home businesses; Home industries; Hostels; Information and education facilities; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (outdoor); Residential flat buildings; Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Serviced apartments; Shop top housing; Water reticulation systems

4Prohibited

Any other development not specified in item 2 or 3

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

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

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

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

  • To retain existing bushland and natural landscape features to preserve the rural character of the locality.

  • To ensure that rural residential development provides for integrated rural residential communities and its design is innovative and flexible.

2Permitted without consent

Environmental protection works; Home-based child care; Home occupations

3Permitted with consent

Bed and breakfast accommodation; Building identification signs; Business identification signs; Community facilities; Dwelling houses; Emergency services facilities; Environmental facilities; Extensive agriculture; Flood mitigation works; Home businesses; Home industries; Landscaping material supplies; Markets; Oyster aquaculture; Plant nurseries; Pond-based aquaculture; Recreation areas; Recreation facilities (outdoor); Roads; Roadside stalls; Secondary dwellings; Tank-based aquaculture; Water reticulation systems

4Prohibited

Any development not specified in item 2 or 3

Zone B1Neighbourhood Centre1Objectives of zone
  • To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.

  • To allow for limited high density residential uses that are compatible with the neighbourhood centre.

  • To provide for active retail, business or other non-residential uses at street level.

2Permitted without consent

Environmental protection works

3Permitted with consent

Boarding houses; Business premises; Car parks; Centre-based child care facilities; Community facilities; Flood mitigation works; Garden centres; Group homes; Hardware and building supplies; Health consulting rooms; Hotel or motel accommodation; Information and education facilities; Kiosks; Markets; Medical centres; Neighbourhood shops; Neighbourhood supermarkets; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Public administration buildings; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restaurants or cafes; Roads; Seniors housing; Service stations; Serviced apartments; Shop top housing; Shops; Signage; Take away food and drink premises; Tank-based aquaculture; Veterinary hospitals

4Prohibited

Pond-based aquaculture; Any other development not specified in item 2 or 3

Zone B2Local Centre1Objectives of zone
  • To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.

  • To encourage employment opportunities in accessible locations.

  • To maximise public transport patronage and encourage walking and cycling.

  • To encourage some limited high density residential uses to create vitality in town centres.

  • To recognise town centres as important retail centres, which support the Queanbeyan central business district.

2Permitted without consent

Environmental protection works

3Permitted with consent

Amusement centres; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Electricity generating works; Entertainment facilities; Flood mitigation works; Function centres; Hostels; Information and education facilities; Medical centres; Mortuaries; Multi dwelling housing; Oyster aquaculture; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Roads; Seniors housing; Service stations; Shop top housing; Signage; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Veterinary hospitals

4Prohibited

Pond-based aquaculture; Any other development not specified in item 2 or 3

Zone B3Commercial Core1Objectives of zone
  • To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.

  • To encourage appropriate employment opportunities in accessible locations.

  • To maximise public transport patronage and encourage walking and cycling.

  • To recognise the Queanbeyan central business district as the main commercial and retail centre of Queanbeyan and to reinforce its commercial and retail primacy in Queanbeyan.

  • To encourage some high density residential uses in conjunction with retail or employment uses where appropriate.

2Permitted without consent

Nil

3Permitted with consent

Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Tank-based aquaculture; Any other development not specified in item 2 or 4

4Prohibited

Agriculture; Air transport facilities; Airstrips; Attached dwellings; Backpackers’ accommodation; Bed and breakfast accommodation; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Electricity generating works; Environmental facilities; 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); Hostels; Industrial retail outlets; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Multi dwelling housing; Open cut mining; Pond-based aquaculture Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential flat buildings; Resource recovery facilities; Rural industries; Rural workers’ dwellings; Secondary dwellings; Semi-detached dwellings; Seniors housing; Service stations; Sewage treatment plants; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water recycling facilities; Water supply systems

Zone B4Mixed Use1Objectives of zone
  • To provide a mixture of compatible land uses.

  • To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

2Permitted without consent

Environmental protection works

3Permitted with consent

Backpackers’ accommodation; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Flood mitigation works; Function centres; Hostels; Hotel or motel accommodation; Information and education facilities; Medical centres; Multi dwelling housing; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation facilities (indoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Roads; Seniors housing; Service stations; Serviced apartments; Shop top housing; Signage; Tank-based aquaculture

4Prohibited

Pond-based aquaculture; Any other development not specified in item 2 or 3

Zone B5Business Development1Objectives of zone
  • To enable a mix of business and warehouse uses, and specialised retail premises that require a large floor area, in locations that are close to, and that support the viability of, centres.

  • To maintain the economic strength of existing business centres by limiting the retailing of food or clothing.

2Permitted without consent

Environmental protection works

3Permitted with consent

Car parks; Centre-based child care facilities; Community facilities; Flood mitigation works; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Landscaping material supplies; Markets; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Respite day care centres; Restaurants or cafes; Roads; Signage; Tank-based aquaculture; Specialised retail premises; Vehicle sales or hire premises; Warehouse or distribution centres

4Prohibited

Pond-based aquaculture; Any other development not specified in item 2 or 3

Zone IN1General Industrial1Objectives of zone
  • To provide a wide range of industrial and warehouse land uses.

  • To encourage employment opportunities.

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

  • To support and protect industrial land for industrial uses.

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

2Permitted without consent

Environmental protection works

3Permitted with consent

Agricultural produce industries; Boat building and repair facilities; Car parks; Centre-based child care facilities; Commercial premises; Depots; Flood mitigation works; Freight transport facilities; Function centres; Garden centres; General industries; Hardware and building supplies; Health consulting rooms; Heavy industrial storage establishments; Helipads; Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Light industries; Livestock processing industries; Medical centres; Mortuaries; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Sawmill or log processing works; Service stations; Sex services premises; Signage; Storage premises; Tank-based aquaculture; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Wholesale supplies

4Prohibited

Cellar door premises; Office premises; Plant nurseries; Pond-based aquaculture Pubs; Roadside stalls; Shops; Timber yards; Any other development not specified in item 2 or 3

Zone IN2Light Industrial1Objectives of zone
  • To provide a wide range of light industrial, warehouse and related land uses.

  • To encourage employment opportunities and to support the viability of centres.

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

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

  • To support and protect industrial land for industrial uses.

2Permitted without consent

Environmental protection works

3Permitted with consent

Boat building and repair facilities; Business premises; Car parks; Centre-based child care facilities; Community facilities; Depots; Flood mitigation works; Function centres; Garden centres; Hardware and building supplies; Health consulting rooms; Industrial retail outlets; Industrial training facilities; Information and education facilities; Kiosks; Light industries; Markets; Medical centres; Mortuaries; Neighbourhood shops; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Roads; Self-storage units; Signage; Specialised retail premises; Take away food and drink premises; Tank-based aquaculture; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres

4Prohibited

Pond-based aquaculture; Any other development not specified in item 2 or 3

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

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

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

2Permitted without consent

Environmental protection works

3Permitted with consent

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

4Prohibited

Any development not specified in item 2 or 3

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

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

2Permitted without consent

Environmental protection works

3Permitted with consent

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

4Prohibited

Any development not specified in item 2 or 3

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

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

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

2Permitted without consent

Environmental protection works; Flood mitigation works

3Permitted with consent

Aquaculture; Building identification signs; Camping grounds; Car parks; Caravan parks; Cemeteries; Centre-based child care facilities; Community facilities; Environmental facilities; Information and education facilities; Kiosks; Markets; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Water recreation structures

4Prohibited

Any development not specified in item 2 or 3

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

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

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

2Permitted without consent

Environmental protection works

3Permitted with consent

Aquaculture; Building identification signs; Business identification signs; Camping grounds; Car parks; Caravan parks; Centre-based child care facilities; Community facilities; Entertainment facilities; Environmental facilities; Flood mitigation works; Information and education facilities; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Water recreation structures

4Prohibited

Any development not specified in item 2 or 3

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

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

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

2Permitted without consent

Uses authorised under the National Parks and Wildlife Act 1974

3Permitted with consent

Nil

4Prohibited

Any development not specified in item 2 or 3

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

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

  • To protect threatened species and rivers, creeks and gully ecosystems within Queanbeyan.

  • To identify and protect escarpment areas that enhance the visual amenity of Queanbeyan and possess special aesthetic or conservational value.

  • To protect water quality by preventing inappropriate development within catchment areas.

2Permitted without consent

Environmental protection works; Extensive agriculture; Home-based child care

3Permitted with consent

Bed and breakfast accommodation; Environmental facilities; Information and education facilities; Oyster aquaculture Research stations; Roads

4Prohibited

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

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

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

  • To protect water quality by preventing inappropriate development within catchment areas.

  • To ensure that rural residential development provides for integrated rural residential communities and its design is innovative and flexible.

2Permitted without consent

Environmental protection works; Extensive agriculture; Home-based child care; Home occupations

3Permitted with consent

Bed and breakfast accommodation; Dwelling houses; Electricity generating works; Emergency services facilities; Environmental facilities; Farm buildings; Flood mitigation works; Home businesses; Home industries; Information and education facilities; Oyster aquaculture; Pond-based aquaculture; Research stations; Roads; Secondary dwellings; Tank-based aquaculture; Water reticulation systems

4Prohibited

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

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

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

  • To encourage development that is designed to recognise the bushland character of the locality where appropriate and to minimise the impact of urban development, particularly on the edge of the urban area.

  • To ensure that rural residential development provides for integrated rural residential communities in its design.

2Permitted without consent

Environmental protection works; Extensive agriculture; Home-based child care; Home occupations

3Permitted with consent

Bed and breakfast accommodation; Building identification signs; Business identification signs; Community facilities; Dwelling houses; Emergency services facilities; Environmental facilities; Farm buildings; Flood mitigation works; Garden centres; Home businesses; Home industries; Information and education facilities; Landscaping material supplies; Oyster aquaculture; Plant nurseries; Pond-based aquaculture; Research stations; Roads; Secondary dwellings; Tank-based aquaculture; Water reticulation systems

4Prohibited

Industries; Local distribution premises; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone W1Natural Waterways1Objectives of zone
  • 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.

2Permitted without consent

Environmental protection works

3Permitted with consent

Aquaculture; Environmental facilities; Flood mitigation works; Water recreation structures; Water supply systems

4Prohibited

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

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

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

(2)

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

(3)

To be exempt development, the development—

  • (a)

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

  • (b)

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

  • (c)

    must not be designated development, and

  • (d)

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

(4)

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

  • (a)

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

  • (b)

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

(5)

To be exempt development, the development must—

  • (a)

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

  • (b)

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

Note—

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

(6)

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

3.2Complying development(1)

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

(2)

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

  • (a)

    the development standards specified in relation to that development, and

  • (b)

    the requirements of this Part,

is complying development.

Note—

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

(3)

To be complying development, the development must—

  • (a)

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

  • (b)

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

  • (c)

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

(4)

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

(5)

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

3.3Environmentally sensitive areas excluded(1)

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

(2)

For the purposes of this clause—

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

  • (a)

    the coastal waters of the State,

  • (b)

    a coastal lake,

  • (c)

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

  • (d)

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

  • (e)

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

  • (f)

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

  • (g)

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

  • (h)

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

  • (i)

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

  • (j)

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

(2A)

Complying development must not be carried out on land identified as “Scenic Protection Area” on the Scenic Protection Map.

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

The objectives of this clause are as follows—

  • (a)

    to ensure subdivision is sensitive to land, heritage and environmental characteristics (including water quality, native flora and fauna and places or items of Aboriginal and European heritage value),

  • (b)

    to ensure subdivision does not adversely impact on the functions and safety of main roads,

  • (c)

    to provide lots with areas and dimensions that enable the appropriate siting and construction of a building and associated works to minimise and avoid the threat of natural hazard (including bush fire, soil instability and flooding) and to protect significant vegetation and prominent or significant landscape qualities,

  • (d)

    to ensure new lots have an adequate water supply and can be provided with an effective means of disposal of domestic waste and adequately serviced,

  • (e)

    to create lots that are compatible with the existing predominant lot pattern or desired future character of the locality and to minimise the likely adverse impact on the amenity of adjoining developments.

(2)

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

(3)

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

(4)

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

  • (a)

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

  • (b)

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

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

The objectives of this clause are as follows—

  • (a)

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

  • (b)

    to achieve lot sizes that meet community and economic needs, while ensuring that environmental and social values are safeguarded.

(2)

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

  • (a)

    Zone RU2 Rural Landscape,

  • (b)

    Zone R1 General Residential,

  • (c)

    Zone R2 Low Density Residential,

  • (d)

    Zone R5 Large Lot Residential,

  • (e)

    Zone E3 Environmental Management (but only if the land is land to which clause 4.1C does not apply),

  • (f)

    Zone E4 Environmental Living (but only if the land is land to which clause 4.1C does not apply),

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

(3)

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

(4)

This clause applies despite clause 4.1.

cl 4.1AA: Subst 2015 (152), Sch 1 [2].

4.1AExceptions to minimum lot size(1)

The objective of this clause is to enable the subdivision of land to create lots of a size that is less than the minimum size shown on the Lot Size Map in certain circumstances.

(2)

Despite clause 4.1, land may, with development consent, be subdivided to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land, where the consent authority is satisfied that the land could have been subdivided under clause 4.1 had it not been affected by any one or more of the following—

  • (a)

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

  • (b)

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

  • (c)

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

(3)

Development consent must not be granted for the subdivision of land to which this clause applies unless the number of lots to be created will not exceed the number of lots that could have been created under clause 4.1 had the land not been affected by a matter referred to in subclause (2)(a), (b) or (c).

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

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

(2)

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

Column 1

Column 2

Column 3

Dual occupancies

Zone R3 Medium Density

600 square metres

Dual occupancies

Zone R4 High Density

600 square metres

Multi dwelling housing

Zone R3 Medium Density

750 square metres

Multi dwelling housing

Zone R4 High Density

750 square metres

Residential flat buildings

Zone R4 High Density

1,000 square metres

4.1CSubdivision using average lot sizes(1)

The objectives of this clause are to facilitate alternative subdivision controls that—

  • (a)

    facilitate a subdivision design that takes into consideration the values and constraints on the land and achieves the best environmental outcomes possible, and

  • (b)

    limit the subdivision of land in certain circumstances where the lots created are proposed to be used for residential accommodation.

(2)

This clause applies to the land identified as “Lot Averaging” on the Lot Averaging Map.

(3)

Despite clause 4.1, development consent may be granted for the subdivision of land to which this clause applies, other than under the Community Land Development Act 1989, if—

  • (a)

    the average size of all the lots created that have an area of less than 16 hectares will be at least 6 hectares, and

  • (b)

    none of the lots created will have an area of less than 2 hectares.

(4)

Despite clause 4.1, development consent may be granted for the subdivision of land to which this clause applies, under the Community Land Development Act 1989, if—

  • (a)

    the land being subdivided has an area of at least 16 hectares, and

  • (b)

    none of the lots created will have an area of less than 2 hectares, and

  • (c)

    the average area of all lots created will be at least 6 hectares.

(5)

Despite subclauses (3) and (4), land to which this clause applies may, with development consent, be subdivided under this clause, where the consent authority is satisfied that the land could have been subdivided under this clause had it not been affected by any one or more of the following—

  • (a)

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

  • (b)

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

  • (c)

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

(6)

Development consent must not be granted for the subdivision of land to which this clause applies unless the number of lots to be created will not exceed the number of lots that could have been created under this clause had the land not been affected by a matter referred to in subclause (5)(a), (b) or (c).

(7)

Development consent must not be granted for the subdivision of a resulting lot unless the consent authority is satisfied that—

  • (a)

    the lots that would be created will not be used for the purposes of residential accommodation, and

  • (b)

    the subdivision will not result in any significant adverse environmental impacts on the land being subdivided.

(8)

In this clause—

resulting lot means a lot—

  • (a)

    created under this clause, or

  • (b)

    on land identified as “Resulting Lots” on the Lot Averaging Map.

4.1DVariation to minimum lot size(1)

The objective of this clause is to provide opportunities for affordable medium density housing in appropriate locations.

(2)

This clause applies to the following land—

  • (a)

    land within 200 metres of any land within Zone B2 Local Centre,

  • (b)

    land identified as “Additional Development Area” on the Googong Map.

(3)

Despite clauses 4.1, 4.1AA and 4.1A, development consent may be granted for the subdivision of land to which this clause applies if—

  • (a)

    there will be at least 4 lots resulting from the subdivision, and

  • (b)

    the minimum lot size of each lot resulting from the subdivision is 130 square metres, and

  • (c)

    the development application for the subdivision includes a dwelling design for each lot.

cl 4.1D: Am 2015 (680), Sch 1 [1].

4.2Rural subdivision(1)

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

(2)

This clause applies to the following rural zones—

  • (a)

    Zone RU1 Primary Production,

  • (b)

    Zone RU2 Rural Landscape,

  • (baa)

    Zone RU3 Forestry,

  • (c)

    Zone RU4 Primary Production Small Lots,

  • (d)

    Zone RU6 Transition.

Note—

When this Plan was made, it did not include land in Zone RU1 Primary Production, Zone RU4 Primary Production Small Lots or Zone RU6 Transition.

(3)

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

(4)

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

(5)

A dwelling cannot be erected on such a lot.

Note—

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

4.2AErection of dwelling houses and secondary dwellings on land in certain rural and environmental protection zones(1)

The objectives of this clause are as follows—

  • (a)

    to minimise unplanned rural residential development,

  • (b)

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

(2)

This clause applies to land in the following zones—

  • (a)

    Zone RU2 Rural Landscape,

  • (b)

    Zone R5 Large Lot Residential,

  • (c)

    Zone E3 Environmental Management,

  • (d)

    Zone E4 Environmental Living.

(3)

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

  • (a)

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

  • (b)

    is a lot created under this Plan (other than under clause 4.2(3)), or

  • (c)

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

  • (d)

    would have been a lot referred to in paragraph (a), (b) or (c) 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.

Note—

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

(4)

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

  • (a)

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

  • (b)

    is identified as “Lot Averaging” on the Lot Averaging Map and is a lot with an area of at least 2 hectares.

(5)

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

4.2BStrata subdivisions in certain residential, rural and environmental zones(1)

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

(2)

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

  • (a)

    Zone RU2 Rural Landscape,

  • (b)

    Zone R5 Large Lot Residential,

  • (c)

    Zone E3 Environmental Management,

  • (d)

    Zone E4 Environmental Living.

(3)

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

Note—

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

cl 4.2B: Am 2013 No 47, Sch 2.21 [1].

4.3Height of buildings(1)

The objectives of this clause are as follows—

  • (a)

    to ensure that the height of buildings complement the streetscape or the historic character of the area in which the buildings are located,

  • (b)

    to protect the heritage character of Queanbeyan and the significance of heritage buildings and heritage items,

  • (c)

    to nominate heights that will provide a transition in built form between varying land use intensities.

(2)

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

4.4Floor space ratio(1)

The objectives of this clause are as follows—

  • (a)

    to ensure that the density, bulk and scale of development is appropriate for a site,

  • (b)

    to ensure that the density, bulk and scale of development integrates with the streetscape and character of the area in which the development is located,

  • (c)

    to facilitate development that contributes to the economic growth of the Queanbeyan central business district, Googong town centre and Queanbeyan’s neighbourhood centres.

(2)

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

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

The objectives of this clause are as follows—

  • (a)

    to define floor space ratio,

  • (b)

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

    • (i)

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

    • (ii)

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

    • (iii)

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

(2)

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

(3)

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

  • (a)

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

  • (b)

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

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

(4)

The following land must be excluded from the site area—

  • (a)

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

  • (b)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

(10)

If—

  • (a)

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

  • (b)

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

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

(11)

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

4.6Exceptions to development standards(1)

The objectives of this clause are as follows—

  • (a)

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

  • (b)

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

(2)

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

(3)

Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating—

  • (a)

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

  • (b)

    that there are sufficient environmental planning grounds to justify contravening the development standard.

(4)

Development consent must not be granted for development that contravenes a development standard unless—

  • (a)

    the consent authority is satisfied that—

    • (i)

      the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

    • (ii)

      the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

  • (b)

    the concurrence of the Planning Secretary has been obtained.

(5)

In deciding whether to grant concurrence, the Planning Secretary must consider—

  • (a)

    whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and

  • (b)

    the public benefit of maintaining the development standard, and

  • (c)

    any other matters required to be taken into consideration by the Planning Secretary before granting concurrence.

(6)

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

  • (a)

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

  • (b)

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

Note—

When this Plan was made, it did not include Zone RU1 Primary Production, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots or Zone RU6 Transition.

(7)

After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).

(8)

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

  • (a)

    a development standard for complying development,

  • (b)

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

  • (c)

    clause 5.4,

  • (caa)

    clause 5.5,

  • (ca)

    clause 6.1 or 6.2.

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

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

Note—

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

(2)

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

Type of land shown on Map

Authority of the State

Zone RE1 Public Recreation and marked “Local open space”

Council

Zone RE1 Public Recreation and marked “Regional open space”

The corporation constituted under section 2.5 of the Act

Zone SP2 Infrastructure and marked “Classified road”

Transport for NSW

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

Minister administering the National Parks and Wildlife Act 1974

(3)

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

5.2Classification and reclassification of public land(1)

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

Note—

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

(2)

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

(3)

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

(4)

The public land described in Part 1 of Schedule 4—

  • (a)

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

  • (b)

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

(5)

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

  • (a)

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

  • (b)

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

  • (c)

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

Note—

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

5.3Development near zone boundaries(1)

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

(2)

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

(3)

This clause does not apply to—

  • (a)

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

  • (b)

    land within the coastal zone, or

  • (c)

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

(4)

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

  • (a)

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

  • (b)

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

(5)

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

5.4Controls relating to miscellaneous permissible uses(1)

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

Note—

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

(2)

If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 50 square metres of floor area.

(3)

If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 50 square metres of floor area.

(4)

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

  • (a)

    30% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or

  • (b)

    400 square metres,

whichever is the lesser.

(5)

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

(6)

If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 40 square metres.

(7)

If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 100 square metres.

(7AA)

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

(8)

If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 8 square metres.

(9)

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

  • (a)

    60 square metres,

  • (b)

    30% of the total floor area of the principal dwelling.

(10)

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

  • (a)

    30% of the gross floor area of the industry, or

  • (b)

    400 square metres,

whichever is the lesser.

cl 5.4: Am 2018 (406), Sch 1.113 [1] [2].

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

If development for the purposes of a secondary dwelling is permitted under this Plan on land in a rural zone—

  • (a)

    the total floor area of the dwelling, excluding any area used for parking, must not exceed whichever of the following is the greater—

    • (i)

      60 square metres,

    • (ii)

      33% of the total floor area of the principal dwelling, and

  • (b)

    [Not adopted]

cl 5.5: Subst 2021 (714), Sch 11.35.

5.6Architectural roof features

[Not adopted]

5.7Development below mean high water mark

[Not applicable]

5.8Conversion of fire alarms(1)

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

(2)

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

  • (a)

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

  • (b)

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

  • (c)

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

(3)

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

  • (a)

    internal alterations to a building, or

  • (b)

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

(4)

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

(5)

In this clause—

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

5.9Dwelling house or secondary dwelling affected by natural disaster

[Not adopted]

5.9AA

(Repealed)

5.10Heritage conservationNote—

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

(1)

The objectives of this clause are as follows—

  • (a)

    to conserve the environmental heritage of Queanbeyan,

  • (b)

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

  • (c)

    to conserve archaeological sites,

  • (d)

    to conserve Aboriginal objects and Aboriginal places of heritage significance.

(2)

Development consent is required for any of the following—

  • (a)

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

    • (i)

      a heritage item,

    • (ii)

      an Aboriginal object,

    • (iii)

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

  • (b)

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

  • (c)

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

  • (d)

    disturbing or excavating an Aboriginal place of heritage significance,

  • (e)

    erecting a building on land—

    • (i)

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

    • (ii)
Note—

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

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

  • (a)

    pipelines and tunnels, and

  • (b)

    pumping stations, and

  • (c)

    dosing facilities, and

  • (d)

    odour control works, and

  • (e)

    sewage overflow structures, and

  • (f)

    vent stacks.

Note—

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

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

Note—

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

sewerage system means any of the following—

  • (a)

    biosolids treatment facility,

  • (b)

    sewage reticulation system,

  • (c)

    sewage treatment plant,

  • (d)

    water recycling facility,

  • (e)

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

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

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

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

Note—

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

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

Note—

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

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

  • (a)

    an advertising structure,

  • (b)

    a building identification sign,

  • (c)

    a business identification sign,

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

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

Note—

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

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

  • (a)

    any basement,

  • (b)

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

  • (c)

    any eaves,

  • (d)

    unenclosed balconies, decks, pergolas and the like.

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

Note—

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

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

Note—

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

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

  • (a)

    a large area for handling, display or storage, or

  • (b)

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

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

Note—

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

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

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

Note—

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

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

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

  • (a)

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

  • (b)

    a mezzanine, or

  • (c)

    an attic.

studio dwelling means a dwelling that—

  • (a)

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

  • (b)

    is on its own lot of land, and

  • (c)

    is erected above a garage that is on the same lot of land as the principal dwelling, whether the garage is attached to, or is separate from, the principal dwelling,

but does not include a semi-detached dwelling.

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

Note—

The term is defined as follows—

swimming pool means an excavation, structure or vessel—

  • (a)

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

  • (b)

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

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

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

Note—

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

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

Note—

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

telecommunications facility means—

  • (a)

    any part of the infrastructure of a telecommunications network, or

  • (b)

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

  • (c)

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

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

temporary structure has the same meaning as in the Act.

Note—

The term is defined as follows—

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

Terrestrial Biodiversity Map means the Queanbeyan Local Environmental Plan 2012 Terrestrial Biodiversity Map.

the Act means the Environmental Planning and Assessment Act 1979.

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

Note—

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

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

  • (a)

    backpackers’ accommodation,

  • (b)

    bed and breakfast accommodation,

  • (c)

    farm stay accommodation,

  • (d)

    hotel or motel accommodation,

  • (e)

    serviced apartments,

but does not include—

  • (f)

    camping grounds, or

  • (g)

    caravan parks, or

  • (h)

    eco-tourist facilities.

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

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

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

Note—

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

underground mining means—

  • (a)

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

  • (b)

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

but does not include open cut mining.

urban release area means the area of land shown as “Urban Release Area” on the Urban Release Area Map.

Urban Release Area Map means the Queanbeyan Local Environmental Plan 2012 Urban Release Area Map.

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

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

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

Note—

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

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

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

Note—

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

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

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

Note—

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

waste or resource management facility means any of the following—

  • (a)

    a resource recovery facility,

  • (b)

    a waste disposal facility,

  • (c)

    a waste or resource transfer station,

  • (d)

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

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

Note—

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

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

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

  • (a)

    retention structures, and

  • (b)

    treatment works, and

  • (c)

    irrigation schemes.

Note—

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

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

Note—

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

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

Note—

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

water supply system means any of the following—

  • (a)

    a water reticulation system,

  • (b)

    a water storage facility,

  • (c)

    a water treatment facility,

  • (d)

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

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

Note—

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

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

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

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

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

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

wetland means—

  • (a)

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

  • (b)

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

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

  • (a)

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

  • (b)

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

  • (c)

    wharves for commercial fishing operations,

  • (d)

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

  • (e)

    sea walls or training walls,

  • (f)

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

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

Dictionary: Am 2015 (680), Sch 1 [5]; 2017 (73), cl 4 (3); 2020 (194), Sch 1[3]; 2021 (225), Sch 1.

Historical notesTable of amending instruments

Queanbeyan Local Environmental Plan 2012 (576). LW 23.11.2012. Date of commencement, on publication on LW, cl 1.1AA. This Plan has been amended as follows—

2012

No 96

Forestry Act 2012. Assented to 21.11.2012.

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

2013

No 5

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

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

No 47

Statute Law (Miscellaneous Provisions) Act 2013. Assented to 25.6.2013.

Date of commencement of Sch 2.21, 5.7.2013, sec 2 (1).

No 111

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

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

2014

(245)

Queanbeyan Local Environmental Plan 2012 (Amendment No 1). LW 2.5.2014.

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 2.32, 4.7.2014, sec 2 (1); date of commencement of Sch 2.36, 14.7.2014, Sch 2.36.

(475)

Queanbeyan Local Environmental Plan 2012 (Amendment No 2). LW 25.7.2014.

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.

2015

(152)

Queanbeyan Local Environmental Plan 2012 (Amendment No 3). LW 27.3.2015.

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).

(653)

Queanbeyan Local Environmental Plan 2012 (Amendment No 5). LW 23.10.2015.

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

(680)

Queanbeyan Local Environmental Plan 2012 (Amendment No 4). LW 6.11.2015.

Date of commencement, on publication on LW, cl 2. The amendments made by Sch 1 [3] and [4] purported to amend Standard Instrument provisions and have not been incorporated.

2016

(43)

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

Date of commencement, 27.1.2016, cl 2.

(126)

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

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

(251)

Queanbeyan Local Environmental Plan 2012 (Amendment No 6). LW 13.5.2016.

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

(309)

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

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

2017

(73)

Queanbeyan Local Environmental Plan 2012 (Amendment No 7). LW 10.3.2017.

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.

2018

(44)

Queanbeyan Local Environmental Plan 2012 (Amendment No 8). LW 16.2.2018.

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.

No 40

Forestry Legislation Amendment Act 2018. Assented to 27.6.2018.

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

(404)

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

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

(405)

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

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

(406)

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

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

(477)

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

Date of commencement, 31.8.2018, cl 2.

(488)

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

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

No 46

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

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

(662)

Queanbeyan Local Environmental Plan 2012 (Amendment No 9). LW 23.11.2018.

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

(717)

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

Date of commencement, 10.12.2018, cl 2.

2019

(133)

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

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

(155)

Queanbeyan Local Environmental Plan (South Tralee) 2012 (Amendment No 3). LW 29.3.2019.

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 Schs 3 and 5, 15.1.2020, cl 2(1).

2020

(155)

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

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

(194)

Queanbeyan Local Environmental Plan 2012 (Amendment No 10). LW 8.5.2020.

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

No 30

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

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

(636)

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

Date of commencement, 28.10.2020, cl 2.

No 40

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

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

(762)

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

Date of commencement, 1.2.2021, cl 2.

2021

No 6

Community Land Development Act 2021. Assented to 26.3.2021.

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

(225)

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

Date of commencement, 14.7.2021, cl 2.

(226)

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

Date of commencement, 14.7.2021, cl 2.

(301)

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

Date of commencement, 23.6.2021, cl 2.

(516)

Queanbeyan Local Environmental Plan 2012 (Amendment No 11). LW 3.9.2021.

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: not in force. 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.

(711)

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

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

(714)

State Environmental Planning Policy (Housing) 2021. LW 26.11.2021.

Date of commencement, on publication on LW, sec 2. Sch 10.13[2] was without effect.

2022

(71)

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

Date of commencement, 9.3.2022, cl 2.

Table of amendments

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

Cl 1.2

Am 2017 (73), cl 4 (1).

Cl 1.8A

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

Cl 1.9A

Am 2019 (621), Sch 5[2]–[4].

Land Use Table

Am 2014 (245), Sch 1 [1] [2]; 2015 (152), Sch 1 [1]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 (621), Sch 3; 2021 (714), Sch 10.13[1].

Cl 4.1AA

Subst 2015 (152), Sch 1 [2].

Cl 4.1D

Am 2015 (680), Sch 1 [1].

Cl 4.2B

Am 2013 No 47, Sch 2.21 [1].

Cl 5.4

Am 2018 (406), Sch 1.113 [1] [2].

Cl 5.5

Subst 2021 (714), Sch 11.35.

Cl 6.1

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

Cl 6.6

Rep 2018 (662), cl 5 (1).

Cl 7.2

Rep 2021 (225), Sch 1.

Cl 7.12

Ins 2018 (662), cl 5 (2).

Sch 1

Am 2015 (152), Sch 1 [3]; 2015 (680), Sch 1 [2]; 2018 (44), Sch 1 [1]–[4]; 2020 (194), Sch 1[1]; 2021 (516), cl 4.

Sch 2

Am 2014 (245), Sch 1 [3]; 2014 No 33, Sch 2.32; 2018 (44), Sch 1 [5]; 2020 (194), Sch 1[2]; 2020 No 30, Sch 4.81.

Sch 4

Am 2016 (251), cl 4; 2017 (73), cl 4 (2).

Sch 5

Am 2013 No 47, Sch 2.21 [2]; 2015 (152), Sch 1 [4]–[9]; 2018 (44), Sch 1 [6] [7].

Dictionary

Am 2015 (680), Sch 1 [5]; 2017 (73), cl 4 (3); 2020 (194), Sch 1[3]; 2021 (225), Sch 1.

Maps

Am 2014 (475), cl 4; 2015 (152), cl 4; 2015 (653), cl 4; 2015 (680), cl 4; 2018 (44), cl 4; 2018 (662), cl 4; 2019 (155), cl 5; 2020 (194), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.

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