Shellharbour Local Environmental Plan 2000 (NSW)
This plan is Shellharbour Local Environmental Plan 2000.
The aim of this plan is to provide a framework for land use management, urban growth and change to achieve the following objectives—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to ensure that land uses in the local government area of Shellharbour City are compatible with each other and are suitably located,
(b) to ensure that adequate provision is made to meet the needs of an increasing population,
(c) to ensure that various areas of land within the local government area of Shellharbour City which are environmentally sensitive, and which enhance the visual amenity of the area, are protected and suitably managed,
(d) to enable public land, owned or controlled by the Council of the City of Shellharbour under the Local Government Act 1993, to be classified or reclassified as operational land,
(e) to identify and manage items of the environmental and cultural heritage of the local government area,
(f) to ensure that development addresses pollution concerns and does not result in a decline in water quality.
This plan applies to all land within the local government area of Shellharbour City as shown on the map.
However, this plan does not apply to land to which Shellharbour Rural Local Environmental Plan 2004 applies.
Shellharbour Local Environmental Plan No 16 is repealed.
State Environmental Planning Policy No 4—Development Without Consent is amended by inserting in alphabetical order of local government area in Schedule 2 (Land excepted from clauses 6–10) the following words—
City of Shellharbour local government area
A development application or an application for approval of an activity, relating to land to which this plan applies, that was lodged with a consent authority or determining authority, but that was not finally determined before the commencement of this plan is to be determined as if this plan had been exhibited but not been made and Shellharbour Local Environmental Plan No 16 had not been repealed.
A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 must be determined as if that policy had not commenced.
The Council is the consent authority for the purpose of this plan.
This plan adopts Part 1 and clauses 5, 8, 10, 11, 12, 14, 24, 27, 29 and 35 of, and Schedule 1 to, the Environmental Planning and Assessment Model Provisions 1980.
In this plan, terms defined in Schedule 1 have the same meaning as set out in that Schedule.
In this plan, a reference to a map is a reference to a map kept at the office of the Council.
The letters and symbols SPS, RES, SUB STN, CH, FIRE STN, PUBLIC BLDG or TEL. EXCH, where appearing on a map, mean sewage pumping station, water reservoir, electricity sub-station, church, fire station, public building or telephone exchange, respectively.
In this plan, a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose.
The list of contents of this plan is not part of this plan.
Notes included in this plan do not form part of this plan.
Land is within one of the following zones as set out in Parts 2–10 in the clause headed “General controls for development” for the zone under the heading “Land within the zone”—
• 1 (a)—Rural A Zone
• 1 (c)—Rural C Zone
• 1 (d)—Rural D (Horticultural) Zone
• 2 (a)—Residential A Zone
• 2 (b1)—Residential B1 Zone
• 2 (b2)—Residential B2 Zone
• 2 (e)—Mixed Use Residential E Zone
• 2 (f)—Mixed Use Residential F Zone
• 3 (a)—Mixed Use Commercial Zone
• 3 (d)—Neighbourhood Business Zone
• 4 (a)—Light Industrial Zone
• 4 (a3)—Airport Light Industrial Zone
• 4 (c)—Extractive Industrial Zone
• 4 (f)—Special Industrial Zone
• 5 (a)—Special Uses Zone
• 5 (b)—Special Railway Uses
• 6 (a)—Public Open Space Zone
• 6 (b)—Private Open Space Zone
• 7 (a)—Environmental Protection (Wetlands) Zone
• 7 (d)—Environmental Protection (Scenic) Zone
• 7 (e)—Environmental Protection (Escarpment) Zone
• 7 (f2)—Environmental Protection (Foreshore) Zone
• 7 (g)—Environmental Protection (Living Area 1) Zone
• 7 (h)—Environmental Protection (Living Area 2) Zone
• 8—National Parks and Nature Reserves Zone
• 9 (b)—Arterial Roads Reservation Zone
• 9 (c)—Local Roads Reservation Zone
• 9 (d)—Open Space Reservation Zone
The objectives of each zone are set out in Parts 2–10 in the clause headed “General controls for development” for the zone under the heading “Objectives (or Objective) of the zone”.
Except as otherwise provided by this plan, for each zone specified in a general controls for development clause, the development that—
(a) may be carried out without development consent is indicated in that clause by the words “Allowed without development consent”, or
(b) may be carried out only with development consent is indicated in that clause by the words “Allowed only with development consent”, or
(c) is prohibited is indicated in that clause by the words “Prohibited in the zone”.
The objectives of the zone are required to be taken into account by the consent authority before development consent is given to the carrying out of development within that zone.
Land is within Zone 1 (a) (the Rural A zone) if it is shown coloured cream on the map.
(a) To protect the agricultural potential of rural land and to prevent the fragmentation of rural holdings.
(b) To prevent premature and sporadic subdivisions and to ensure consolidation of urban areas, thus enhancing the prospect of the economic provision of public services.
(c) To prevent, on the fringe of urban areas, the subdivision of land into small lots which would prejudice the proper layout of additional urban areas as a result of natural growth.
Exempt development and development for the purpose of—
• general agriculture; home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).
Development not included in subclause (3) or (5).
Development for the purpose of—
• advertisements not displaying the purpose for which the land is used or directional information; brothels; car repair stations; commercial premises; dual occupancies (other than attached dual occupancies); heavy industries; junk yards; light industries; medium density housing; motor showrooms; professional consulting rooms; recreation facilities; service stations; shops; warehouses.
Land is within Zone 1 (c) (the Rural C zone) if it is shown coloured pale yellow on the map.
(a) To allow rural residential neighbourhoods to be developed, taking advantage of changing demand for housing and the availability of rural land not suited to agricultural, industrial or urban uses.
(b) To maintain the environmental quality and visual amenity of rural areas.
(c) To reduce the demand for subdivision for residential purposes of agricultural land.
Exempt development and development for the purpose of—
• home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).
Development not included in subclause (3) or (5).
Development for the purpose of—
• advertisements not displaying the purpose for which the land is used; amusement parks; animal boarding, breeding or training establishments; aquaculture; backpackers inns; boarding houses; brothels; bus depots; car repair stations; clubs; commercial premises; community facilities; dual occupancies (other than attached dual occupancies); extractive industries; gas holders; general stores; generating works; heavy industries; helipads; heliports; hospitals; hotels; institutions; junk yards; light industries; liquid fuel depots; medium density housing; mineral sand mines; mines; motels; motor showrooms; offensive or hazardous industries; passenger terminals; places of assembly; public buildings; racecourses; recreation establishments; recreation facilities; refreshment rooms; road transport terminals; rural industries; sawmills; service stations; shops; showgrounds; stock and sale yards; timber yards; tourist facilities; warehouses.
Land is within Zone 1 (d) (the Rural D (Horticulture) zone) if it is shown coloured pale yellow and lettered 1 (d) on the map.
To provide for horticultural activities on agricultural lots of high agricultural potential, if such uses can be accommodated without reducing the quality of water in the locality.
Exempt development and development for the purpose of—
• Nil.
Development for the purpose of—
• advertisements displaying the purpose for which the land is used; clearing of land; drainage; filling; general agriculture; intensive horticulture; intensive livestock keeping; roadside stalls; rural industries; turf farms; wetland improvement.
Development not included in subclause (3) or (4).
The Council must not consent to a subdivision of land within Zone 1 (a) unless—
(a) each allotment to be created will have an area of not less than 40 hectares or the Council is satisfied that any proposed smaller allotment is not intended to be used for the purpose of agriculture or a dwelling house, but is intended to be used for another lawful purpose, and
(b) where any allotment proposed to be created will have a frontage to a main road, the frontage will be not less than 200 metres, and
(c) the Council has been informed of the purpose for which each proposed allotment to be created by the subdivision is intended to be used and, where the purpose is agriculture, of the form of agriculture for which the allotment is intended to be used.
Despite any other provision of this plan, consent for a subdivision of land within Zone 1 (a) in the “Jamberoo Valley Rural Conservation Area” (which is shown on the map) to create an allotment must not be granted unless—
(a) the consent authority is satisfied that the proposed allotment will not be used for the erection of a dwelling house, and
(b) a condition of the consent prohibits the erection of a dwelling house on each lot to be created by the subdivision.
The Council must not consent to a subdivision of land within Zone 1 (a) in the “Jamberoo Valley Rural Conservation Area” (which is shown on the map) unless it has considered—
(a) the relationship of the proposed allotments to adjacent or adjoining allotments and the practicality of consolidating adjacent or adjoining allotments with land to which the application for consent to the subdivision relates, and
(b) the quality of the land proposed to be subdivided and the potential agricultural productivity of that land if it remains unsubdivided, and
(c) the likely impact of the subdivision on vegetation, soil resources and stability and water resources (including the quality of water courses, ground water storage and riparian rights), and
(d) the size, quality and potential agricultural productivity of each proposed allotment, and
(e) the relationship of each proposed allotment to, and the effect of creating the allotment on, the structure and nature of agricultural industries in the locality, and
(f) the purpose for which the proposed allotments are intended to be used and the purpose for which, in the opinion of the Council, the allotments are suitable for use, and
(g) the cumulative effect of similar proposals if consent is granted, and
(h) the likelihood of the proposed allotments remaining available for agriculture.
Despite any other provision of this plan, the Council must not consent to the erection of a dwelling house on an allotment in Zone 1 (a) that has an area of less than 40 hectares unless—
(a) that allotment is a vacant original holding, or
(b) the allotment has been created in accordance with a subdivision approval (or a consent for a subdivision) on which no condition has been imposed prohibiting the erection of a dwelling house on the subject property.
Despite any other provision of this plan, the Council must not consent to the erection of more than one dwelling house on an allotment in Zone 1 (a) unless it is satisfied that the dwelling house will be used or occupied by a person engaged by the owner of that land in the pursuit of agriculture on that land or on land adjacent to or adjoining that land.
Consent must not be granted for a dwelling house on an allotment of land in Zone 1 (a) with an area of less than 40 hectares unless the Council places a condition on the consent requiring that allotment to be consolidated with any adjoining land in the same ownership until either all adjoining properties within the same ownership are consolidated or a minimum area of 40 hectares is achieved.
Despite any other provision of this plan, the Council may consent to the erection of a dwelling house on land within Zone 1 (a) in the “Jamberoo Valley Rural Conservation Area” (which is shown on the map) only if the property to which the application relates has an area of 40 hectares or more or if the Council is satisfied that the property is a vacant original holding.
Despite any other provision of this plan, the Council must not consent to the erection of a second dwelling house on land within Zone 1 (a) in the “Jamberoo Valley Rural Conservation Area” (which is shown on the map) where—
(a) the property to which the application relates has an area of less than 40 hectares, or
(b) the dwelling house will not be ancillary to the agricultural use of the land, or
(c) separate ownership of the proposed dwelling house will be achievable without the subdivision of the land, or
(d) an additional access to a public road is required from the land as a result of the erection of the dwelling house, or
(e) in the opinion of the Council, the proposed dwelling house will interfere with the purpose for which the land concerned is being used.
Despite any other provision of this plan, the Council must not grant consent to an amusement park or a place of assembly on land within Zone 1 (a) in the “Jamberoo Valley Rural Conservation Area” (which is shown on the map).
Despite any other provision of this plan, the Council must not consent to development on land within Zone 1 (a) in the “Jamberoo Valley Rural Conservation Area” (which is shown on the map) unless it has considered—
(a) the effect of the proposed development on agricultural land uses undertaken on land holdings in the vicinity, and
(b) the quality of the land and the potential agricultural productivity of the land, and
(c) the likely impact of the proposed development on vegetation, soil resources and stability and water resources (including the quality of water courses, ground water storage and riparian rights), and
(d) the effect of the proposed development on the structure and nature of agricultural industries in the area, and
(e) the cumulative effect of similar proposals if consent is granted, and
(f) the likelihood of the land remaining available to agriculture, and
(g) the impact that the proposed development will have on the scenic quality of the Jamberoo Valley by way of colour, bulk, vegetation removal, road access, visual intrusiveness, reflection and traffic generation, and is satisfied that such measures as will, in its opinion, minimise that impact are proposed to be taken.
The Council must take the following into consideration when assessing an application for consent to clear any land shown stippled on Sheet 3 of the map marked “Illawarra Regional Environmental Plan No 2—Jamberoo Valley” deposited in the office of the Department of Urban Affairs and Planning (being areas of significant vegetation)—
(a) the movement of native fauna,
(b) any rare or significant flora or fauna,
(c) any rare or significant habitats,
(d) the effect of the proposed clearing on adjacent or adjoining land under the control of the National Parks and Wildlife Service,
(e) whether there is a reasonable alternative to the removal of that vegetation or the extent of the removal of that vegetation,
(f) the visual impact of the proposed development on the scenic quality of the Jamberoo Valley by breaking any unbroken natural tree canopy cover or creating smaller discrete parcels of vegetation from an existing stand.
The Council must not consent to the subdivision of land within Zone 1 (c) unless—
(a) each lot to be created by the subdivision has an area of not less than 0.4 hectares and the average lot size (calculated by dividing the total area of land to be subdivided by the number of lots to be created by the subdivision) is not less than 0.8 hectares, where reticulated water and sewerage services are available, and
(b) each lot to be created by the subdivision has an area of not less than 1 hectare, where reticulated water and sewerage services are not available.
The Council must not consent to the subdivision of any land within Zone 1 (c) unless it has considered—
(a) the land capability (including soil resources, soil stability and capacity for on-site waste disposal) and the natural constraints, and hazards, of the land to be subdivided in relation to the density and design of the allotments proposed to be created, and
(b) the desirability of providing a range and mixture of allotment sizes, and
(c) the ability to provide urban services to the land.
A dwelling house may not be erected on land within Zone 1 (c) unless that land is an allotment that complies with clause 17 (1) (a) and (b).
Despite any other provision of this plan, the Council may consent to the erection of a second dwelling house on an allotment within Zone 1 (c) with an area exceeding two hectares, but only if, in the opinion of the Council—
(a) the development will not adversely affect the visual amenity of the area, and
(b) the development will not place undue demand on the provision of public services, and
(c) the development will not increase ribbon development on any main or arterial road and will not exceed the environmental capacity of the site.
The Council must not consent to the subdivision of land within Zone 1 (d) unless each allotment to be created by the subdivision has an area of not less than 12 hectares, even if the subdivision is by a strata plan or under the Community Land Development Act 1989.
Land is within Zone 2 (a) (the Residential A zone) if it is shown coloured light pink on the map.
To provide an environment primarily for detached and semi-detached housing.
Exempt development and development for the purpose of—
• home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).
Development not included in subclause (3) or (5).
Development for the purpose of—
• advertisements not displaying the purpose for which the land is used; amusement parks; animal boarding, breeding or training establishments; aquaculture; backpackers inns; brothels; bus depots; car repair stations; clubs; commercial premises; extractive industries; gas holders; general agriculture; general stores; generating works; heavy industries; helipads; heliports; hotels; institutions; intensive horticulture; intensive livestock keeping; junk yards; light industries; liquid fuel depots; mineral sand mines; mines; motels; motor showrooms; offensive or hazardous industries; passenger terminals; places of assembly; plantation forestry; plant nurseries; public buildings; racecourses; recreation establishments; recreation facilities; refreshment rooms; roadside stalls; road transport terminals; rural industries; sawmills; service stations; shops; showgrounds; stock and sale yards; timber yards; tourist facilities; turf farms; veterinary surgeries; warehouses; waste management facilities or works.
Land is within Zone 2 (b1) (the Residential B1 zone) if it is shown coloured medium pink on the map.
(a) To provide for a range of housing types in locations that are accessible to retail, commercial and public transport facilities.
(b) To encourage the efficient use of aged housing stock upon redevelopment.
Exempt development and development for the purpose of—
• home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).
Development not included in subclause (3) or (5).
Development for the purpose of—
• advertisements not displaying the purpose for which the land is used; amusement parks; animal boarding, breeding or training establishments; aquaculture; brothels; bus depots; car repair stations; clubs; commercial premises; extractive industries; gas holders; general agriculture; generating works; heavy industries; helipads; heliports; hotels; institutions; intensive horticulture; intensive livestock keeping; junk yards; light industries; liquid fuel depots; mineral sand mines; mines; motels; motor showrooms; offensive or hazardous industries; passenger terminals; places of assembly; plantation forestry; plant nurseries; public buildings; racecourses; recreation establishments; recreation facilities; refreshment rooms; roadside stalls; road transport terminal; rural industries; sawmills; service stations; shops; showgrounds; stock and sale yards; timber yards; tourist facilities; turf farms; veterinary surgeries; warehouses; waste management facilities or works.
Land is within Zone 2 (b2) (the Residential B2 zone) if it is shown coloured dark pink on the map.
To allow for medium density development in locations that are in the vicinity of retail, commercial and public transport facilities.
Exempt development and development for the purpose of—
• home-based child care; home business; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).
Development not included in subclause (3) or (5).
Development for the purpose of—
• advertisements not displaying the purpose for which the land is used; amusement parks; animal boarding, breeding or training establishments; aquaculture; brothels; bus depots; car repair stations; clubs; commercial premises; extractive industries; gas holders; general agriculture; generating works; heavy industries; helipads; heliports; hotels; institutions; intensive horticulture; intensive livestock keeping; junk yards; light industries; liquid fuel depots; mineral sand mines; mines; motels; motor showrooms; offensive or hazardous industries; passenger terminals; places of assembly; plantation forestry; plant nurseries; public buildings; racecourses; recreation establishments; recreation facilities; refreshment rooms; roadside stalls; road transport terminals; rural industries; sawmills; service stations; shops; showgrounds; stock and sale yards; timber yards; tourist facilities; turf farms; veterinary surgeries; warehouses; waste management facilities or works.
Land is within Zone 2 (e) (the Mixed Use Residential E zone) if it is shown coloured salmon on the map.
To allow for mixed use residential neighbourhoods to be developed on ‘greenfields’ sites providing for a range of household preferences and needs compatible with fully developed residential neighbourhoods.
Exempt development and development for the purpose of—
• home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).
Development not included in subclause (3) or (5).
Development for the purpose of—
• advertisements not displaying the purpose for which the land is used; amusement parks; animal boarding, breeding or training establishments; aquaculture; brothels; bus depots; car repair stations; extractive industries; gas holders that are not ancillary to an allowable use or a use granted consent; generating works; heavy industries; helipads; heliports; institutions; intensive horticulture; intensive livestock keeping; junk yards; light industries; liquid fuel depots; mineral sand mines; mines; motor showrooms; offensive or hazardous industries; plantation forestry; racecourses; roadside stalls; road transport terminals; rural industries; sawmills; stock and sale yards; timber yards; turf farms; warehouses; waste management facilities or works.
Land is within Zone 2 (f) (the Mixed Use Residential F zone) if it is shown coloured mauve on the map.
(a) To allow for mixed use residential neighbourhoods to be developed providing for a range of household preferences and needs.
(b) To enable the development of a regional boat harbour facility and associated commercial and recreational activities.
Exempt development and development for the purpose of—
• home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).
Development not included in subclause (3) or (5).
Development for the purpose of—
• advertisements not displaying the purpose for which the land is used; amusement parks; animal boarding, breeding or training establishments; aquaculture; brothels; car repair stations; extractive industries; gas holders that are not ancillary to an allowable use or a use granted consent; generating works; heavy industries; heliports; institutions; intensive horticulture; intensive livestock keeping; junk yards; light industries (other than those associated with and including boat manufacture or repair); liquid fuel depots; mineral sand mines; mines; motor showrooms (other than for caravans, boats or trailers); offensive or hazardous industries; plantation forestry; racecourses; roadside stalls; road transport terminals; rural industries; sawmills; stock and sale yards; timber yards; turf farms; warehouses; waste management facilities or works.
Despite any other provision of this plan, the Council may consent to commercial or retail development (or mixed commercial and retail development) on land within Zone 2 (e) or 2 (f) only if, in the opinion of the Council, it will promote the commercial hierarchy for the Shellharbour City local government area presented in Schedule 4.
Despite any other provision of this plan, a person shall not develop land in Zone 2 (f) identified as “quarry buffer area” on the map for any purpose other than general agriculture; drainage; light industries and industries associated with and including boat manufacture and repair; open space; recreation areas; roads; shops and commercial premises in accordance with Schedule 4; utility installations (other than gas holders or generating works), and warehouses.
The Council shall not grant development consent in respect of any development for a purpose specified in subclause (1) unless—
(a) the development will not be unduly affected in an adverse manner by proximity to the Bass Point Quarry, having regard to the normal course of the quarry’s operations, and
(b) the applicant for that consent is aware of the nature of the operation of the quarry and its likely impact on the land within the quarry buffer area and has notified the Council in writing of his, hers or its acceptance of that impact, and
(c) the development will not pose a restriction on the nature of operations within the quarry.
Land is within Zone 3 (a) (the Mixed Use Commercial zone) if it is shown coloured light blue on the map.
(a) To provide for mixed use retail/commercial centres in locations that have developed historically or which are centrally located.
(b) To allow for mixed use development incorporating residential and commercial or retail activities.
(c) To encourage the development of commercial/retail centres that provide for daily convenience and higher order needs of the surrounding residential areas.
Exempt development and development for the purpose of—
• home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).
Development not identified in subclause (3) or (5).
Development for the purpose of—
• animal boarding, breeding or training establishments; aquaculture; brothels; car repair stations; extractive industries; gas holders that are not ancillary to an allowable use or a use granted consent; generating works; heavy industries; helipads; heliports; hospitals; institutions; intensive horticulture; intensive livestock keeping; junk yards; light industries; liquid fuel depots; mineral sand mines; mines; offensive or hazardous industries; plantation forestry; racecourses; road transport terminals; roadside stalls; rural industries; sawmills; stock and sale yards; timber yards; turf farms; waste management facilities or works.
Land is within Zone 3 (d) (the Neighbourhood Business zone) if it is shown coloured medium blue on the map.
(a) To allow for retail and commercial businesses of a scale that is unlikely to prejudice the viability of a higher order commercial centre.
(b) To provide for retail and commercial services that may cater for the daily convenience needs of the local community.
(c) To allow for mixed use development incorporating residential and commercial or retail activities.
Exempt development and development for the purpose of—
• home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).
Development not included in subclause (3) or (5).
Development for the purpose of—
• amusement parks; animal boarding, breeding or training establishments; aquaculture; backpackers inns; brothels; car repair stations; clubs; extractive industries; gas holders that are not ancillary to an allowable use or a use granted consent; general agriculture; generating works; heavy industries; helipads; heliports; hospitals; hotels; institutions; intensive horticulture; intensive livestock keeping; junk yards; light industries; liquid fuel depots; mineral sand mines; mines; motels; motor showrooms; offensive or hazardous industries; plantation forestry; racecourses; road transport terminals; roadside stalls; rural industries; sawmills; stock and sale yards; timber yards; turf farms; warehouses; waste management facilities or works.
Despite any other provision of this plan, the Council may consent to commercial or retail development (or mixed commercial and retail development) on land within Zone 3 (a) or 3 (d) only if, in the opinion of the Council, it will promote the commercial hierarchy for the Shellharbour City local government area presented in Schedule 4.
Land is within Zone 4 (a) (the Light Industrial zone) if it is shown coloured light purple on the map.
To provide for a wide variety of light industrial uses which are generally compatible with nearby residential neighbourhoods.
Exempt development and development for the purpose of—
• home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).
Development not included in subclause (3) or (5).
Development for the purpose of—
• amusement parks; aquaculture; backpackers inns; bed and breakfasts; clubs; commercial premises (other than those used in conjunction with industry and situated on land on which the industry is situated); dual occupancies; dwelling houses (other than those used in conjunction with industry and situated on land on which the industry is situated); extractive industries; gas holders that are not ancillary to an allowable use or a use granted consent; general stores; generating works; heavy industries; helipads; heliports; hospitals; hotels; institutions; intensive horticulture; intensive livestock keeping; junk yards; liquid fuel depots; medium density housing; mineral sand mines; mines; motels; offensive or hazardous industries; places of assembly; plantation forestry; professional consulting rooms; public buildings; recreational establishments; roadside stalls; rural industries; shops (other than light industrial retail outlets and those that serve the daily convenience needs of an industrial area); stock and sale yards; tourist facilities.
Land is within Zone 4 (a3) (the Airport Light Industrial zone) if it is shown coloured dark purple and lettered 4 (a3) on the map.
(a) To provide for a wide variety of light industrial uses that are generally compatible with nearby residential neighbourhoods.
(b) Where appropriate, to encourage the development of industries that are airport-related and, as a result, to diversify the industrial base of Shellharbour in a manner compatible with use of the adjacent Illawarra Regional Airport.
Exempt development and development for the purpose of—
• home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).
Development not included in item (3) or (5).
Development for the purpose of—
• amusement parks; aquaculture; animal boarding, breeding or training establishments; child care centres; commercial premises (other than those used in conjunction with an allowable use and situated on land on which the use is situated or those providing a service to an airport or to airport-related uses); dual occupancies; dwelling houses (other than those used in conjunction with an allowable use and situated on land on which the use is situated); extractive industries; gas holders that are not ancillary to an allowable use or a use granted consent; general stores; generating works; heavy industries (other than airport related industries); helipads; heliports; hospitals; institutions; intensive horticulture; intensive livestock keeping; junk yards; medium density housing; mineral sand mines; mines; motor showrooms; offensive or hazardous industries; places of assembly; places of public worship; plantation forestry; professional consulting rooms; racecourses; recreational establishments; roadside stalls; rural industries; sawmills; shops (other than light industrial retail outlets and those that serve the daily convenience needs of an industrial area or airport); stock and sale yards; waste management facilities or works.
Land is within Zone 4 (c) (the Extractive Industrial zone) if it is shown coloured dark purple on the map.
To identify those areas specifically allocated for extractive purposes.
Exempt development and development for the purpose of—
• Nil.
Development for the purpose of—
• clearing of land; drainage; extractive industries; filling; general agriculture; intensive horticulture; intensive livestock keeping; mines; turf farms; waste management facilities or works; wetland improvement.
Development not included in subclause (3) or (4).
Land is within Zone 4 (f) (the Special Industrial zone) if it is shown coloured dark purple and lettered 4 (f) on the map.
To provide a suitable area for those industrial uses which are more appropriately located away from residential areas by reason of the emission of noise, fumes, dust or the like.
Exempt development and development for the purpose of—
• home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).
Development not identified in subclause (3) or (5).
Development for the purpose of—
• amusement parks; animal boarding, breeding or training establishments; aquaculture; backpackers inns; bed and breakfasts; child care centres; clubs; commercial premises (other than those used in conjunction with industry and situated on land on which the industry is situated); community facilities; dual occupancies; dwelling houses (other than those used in conjunction with industry and situated on land on which the industry is situated); extractive industries; general stores; generating works; helipads; heliports; hospitals; hotels; institutions; intensive horticulture; intensive livestock keeping; medium density housing; mineral sand mines; mines; motels; motor showrooms; places of assembly; places of public worship; plantation forestry; professional consulting rooms; public buildings; racecourses; recreational establishments; refreshment rooms; roadside stalls; rural industries; service stations; shops (other than light industrial retail outlets and those that serve the daily convenience needs of an industrial area); stock and sale yards; tourist facilities; veterinary surgeries.
Despite any other provision of this plan, the Council may consent to development of land within Zone 4 (a) or 4 (a3) for the purpose of retailing of bulky goods but only if it has considered—
(a) the availability of suitable lands in any nearby business centre, and
(b) the impact of the development on the predominantly industrial nature of Zone 4 (a) or 4 (a3), and
(c) the effect of the development on the viability of the nearby business centre.
Despite any other provision of this plan, the Council must not consent to development for the purpose of a motor showroom on land within Zone 4 (a), being 13 to 97 Princes Highway; 2–6 and 1–7 Mye Place, or 6 and 8 Creole Road, Albion Park Rail, unless vehicular access to and egress from the land is not only by way of the Princes Highway but is also to and from some other additional point of access and egress.
The Council must not grant consent for development of land within Zone 4 (a3) unless access to and egress from the site of the development is available otherwise than directly from or to a main or arterial road.
In granting such a consent, the Council must prohibit direct vehicular access to or egress from the site by a main or arterial road.
This clause does not apply to Lot 4211, DP 833774, Princes Highway, Albion Park Rail.
A person must not establish, enlarge or use a liquid fuel depot on land within Zone 4 (a3) or 4 (f) having an above ground storage capacity of 500 kilolitres or more of inflammable liquid without the consent of the Council.
(Repealed)
Land is within Zone 5 (a) (the Special Uses zone) if it is shown coloured dark yellow and lettered with the special use of the land on the map.
To maintain land for certain community facilities and services.
Exempt development and development for the purpose of—
• home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).
Development for the purpose of—
• clearing of land; commercial premises; community facilities; drainage; educational establishments; filling; general agriculture; home occupations where the occupation or industry involves the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991; intensive horticulture; passenger terminals; places of assembly; places of public worship; the particular land use indicated by heavy black lettering on the map; turf farms; utility installations (other than gas holders or generating works); wetland improvement.
Development not included in subclause (3) or (4).
Land is within Zone 5 (b) (the Special Railway Uses zone) if it is shown coloured dark grey on the map.
To maintain land for railway purposes.
Exempt development and development for the purpose of—
• home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).
Development for the purpose of—
• clearing of land; drainage; filling; home occupations where the occupation or industry involves the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991; railway uses (other than advertisements except at railway stations); utility installations (other than gas holders or generating works); wetland improvement.
Development not included in subclause (3) or (4).
In considering whether to grant consent to development of land within Zone 5 (a) for the erection or use of commercial premises, general agriculture, intensive horticulture or passenger terminals, the Council must assess the proposal to ensure that it will not interfere with the use of the land for the purpose identified by lettering on the zoning map.
Despite any other provision of this plan, the Council may consent to commercial or retail development (or mixed commercial and retail development) on land within Zone 5 (a) only if, in the opinion of the Council, it will promote the commercial hierarchy for the Shellharbour City local government area presented in Schedule 4.
Despite any other provision of this plan, a person may, with the consent of the Council, carry out development on land within Zone 5 (a) for the purpose of temporary activities such as markets, exhibitions and fund raising, but only if—
(a) the activity will be carried out by an established non-profit organisation, and
(b) the consent will not have the effect of allowing the same site to be used for the those kinds of activities more than 12 times in any one year.
In considering whether to grant consent to the carrying out of any such development, the Council must take into account—
(a) the suitability of the land for the proposed development, and
(b) the availability and suitability of alternative sites for the proposed development, and
(c) the impact of the proposed development on the land and the neighbourhood, and
(d) the desirability of retaining the land for its existing or likely future use.
Land is within Zone 6 (a) (the Public Open Space zone) if it is shown coloured light green on the map.
(a) To identify areas where recreational opportunities for the general use of the community are provided.
(b) To enable development that will enhance the public enjoyment of areas referred to in subclause (2) (a).
Exempt development and development for the purpose of—
• aids to navigation; bushfire hazard reduction; home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991); landscaping.
Development for the purpose of—
• advertisements displaying the purpose for which the land is used; clearing of land; community facilities; drainage; dwelling houses; educational establishments; filling; general agriculture; home occupations where the occupation or industry involves the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991; intensive horticulture; places of assembly; places of public worship; plantation forestry; racecourses; recreation areas; recreation establishments; recreation facilities; refreshment rooms; shops and commercial premises required in connection with an allowable use; showgrounds; turf farms; utility installations (other than gas holders or generating works); wetland improvement.
Development not identified in subclause (3) or (4).
Land is within Zone 6 (b) (the Private Open Space zone) if it is shown coloured medium green on the map.
To identify areas where private recreation facilities may be developed.
Exempt development and development for the purpose of—
• aids to navigation; home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).
Development for the purpose of—
• advertisements displaying the purpose for which the land is used; backpackers inns; bed and breakfasts; clearing of land; community facilities; drainage; dwelling houses required for use or occupation by persons employed in connection with an allowable use or a use granted consent; educational establishments; filling; general agriculture; home occupations where the occupation or industry involves the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991; intensive horticulture; places of assembly; places of public worship; racecourses; recreation areas; recreation establishments; recreation facilities; refreshment rooms; shops and commercial premises required in connection with an allowable use or a use granted consent; turf farms; tourist facilities; utility installations (other than gas holders or generating works); wetland improvement.
Development not identified in subclause (3) or (4).
Despite any other provision of this plan, the Council must not consent to any development on land within Zone 6 (a) unless it has considered—
(a) the need for the proposed development on that land, and
(b) the impact of the proposed development on the existing or likely future use of the land, and
(c) the need to retain the land for its existing or likely future use.
Despite any other provision of this plan, the Council must not consent to the erection of a dwelling house on land within Zone 6 (a) unless it is satisfied that the dwelling house is to be used for the permanent occupation of a caretaker or manager for the property on which the dwelling house is to be located.
Despite any other provision of this plan, a person may, with the consent of the Council, carry out development on land within Zone 6 (a) or 6 (b) for the purpose of temporary activities such as markets, exhibitions and fund raising, but only if—
(a) the activity will be carried out by an established non-profit organisation, and
(b) the consent will not have the effect of allowing the same site to be used for the those kinds of activities more than 12 times in any one year.
In considering whether to grant consent to the carrying out of any such development, the Council must take into account—
(a) the desirability (from the Council’s view point) of the proposed development on the land, and
(b) the suitability of the land for the proposed development, and
(c) the availability and suitability of alternative sites for the proposed development, and
(d) the impact of the proposed development on the land and the neighbourhood, and
(e) the desirability of retaining the land for its existing or likely future use.
Land is within Zone 7 (a) (the Environmental Protection (Wetland) zone) if it is shown coloured rust on the map.
(a) To protect and enhance wetland areas which provide important habitats for species of wetland flora and fauna.
(b) To maintain and enhance wetland environments which provide limited recreational and aesthetic opportunities for the public.
Development for the purpose of—
• Nil.
Development for the purpose of—
• aids to navigation; cycleways; drainage; filling; general agriculture; utility installations (other than gas holders or generating works); wetland improvement.
Development not included in subclause (3) or (4).
Land is within Zone 7 (d) (the Environmental Protection (Scenic) zone) if it is shown coloured light tan on the map.
To protect scenic areas which are generally undeveloped and which provide an important visual backdrop for the urban areas.
Exempt development and development for the purpose of—
• aids to navigation; home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).
Development for the purpose of—
• advertisements displaying the purpose for which the land is used; animal boarding, breeding or training establishments; attached dual occupancies; bed and breakfasts; clearing of land; drainage; dwelling houses; filling; general agriculture; home occupations where the occupation or industry involves the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991; intensive horticulture; intensive livestock keeping; plantation forestry; recreation areas; recreation establishments; roadside stalls; rural industries; tourist facilities; turf farms; utility installations (other than gas holders or generating works); veterinary surgeries; wetland improvement.
Development not included in subclause (3) or (4).
Land is within Zone 7 (e) (the Environmental Protection (Escarpment) zone) if it is shown coloured medium tan on the map.
To protect escarpment areas which are generally undeveloped and which provide an important visual backdrop for urban areas and which support important native flora and fauna habitats.
Exempt development and development for the purpose of—
• home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).
Development for the purpose of—
• advertisements displaying the purpose for which the land is used; attached dual occupancies; bed and breakfasts; clearing of land; drainage; dwelling houses; filling; general agriculture; home occupations where the occupation or industry involves the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991; intensive horticulture; mines; plantation forestry; recreation areas; recreation establishments; roadside stalls; rural industries; utility installations (other than gas holders or generating works); veterinary surgeries; wetland improvement.
Development not included in subclause (3) or (4).
Land is within Zone 7 (f2) (the Environmental Protection (Foreshore) zone) if it is shown coloured dark tan on the map.
To protect prominent foreshore areas which are generally undeveloped and which provide aesthetic and recreational opportunities for the public.
Exempt development and development for the purpose of—
• aids to navigation; home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).
Development for the purpose of—
• advertisements displaying the purpose for which the land is used; bed and breakfasts; clearing of land; drainage; dwelling houses; filling; general agriculture; home occupations where the occupation or industry involves the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991; recreation areas; local roads; tourist facilities; utility installations (other than gas holders or generating works); wetland improvement.
Development not included in subclause (3) or (4).
Land is within Zone 7 (g) (the Environmental Protection (Living Area 1) zone) if it is shown coloured medium tan and lettered 7 (g) on the map.
(a) To allow small rural holdings to be created taking advantage of the availability of rural land not generally suited to agriculture, industrial or urban uses.
(b) To maintain the environmental quality and visual amenity of Shellharbour’s rural areas.
(c) To protect the quality of waters in the locality concerned.
(d) To preserve the rural backdrop to existing and proposed residential areas.
(e) To reduce the demand for subdivision for residential purposes of rural land.
Exempt development and development for the purpose of—
• home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).
Development for the purpose of—
• advertisements displaying the purpose for which the land is used; bed and breakfasts; clearing of land; drainage; dwelling houses; education establishments; filling; general agriculture; home occupations where the occupation or industry involves the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991; intensive horticulture; places of public worship; plantation forestry; professional consulting rooms; turf farms; utility installations; veterinary surgeries; wetland improvement.
Development not included in subclause (3) or (4).
Land is within Zone 7 (h) (the Environmental Protection (Living Area 2) zone) if it is shown coloured medium tan and lettered 7 (h) on the map.
(a) To provide for low density detached dwelling development in localities that cannot support conventional densities by virtue of servicing constraints, the visual prominence of the site, the need to retain important remnant vegetation or any other reason.
(b) To ensure the housing styles are sympathetic to a semi-rural setting and maintain the visual amenity of the locality.
(c) To ensure areas of remnant bushland are preserved.
Exempt development and development for the purpose of—
• home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).
Development for the purpose of—
• advertisements displaying the purpose for which the land is used; bed and breakfasts; clearing of land; drainage; dwelling houses; educational establishments; filling; home occupations where the occupation or industry involves the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991; professional consulting rooms; turf farms; utility installations; wetland improvement.
Development not included in subclause (3) or (4).
The Council must not consent to a subdivision of land within Zone 7 (a), 7 (d) or 7 (e) unless—
(a) each allotment to be created will have an area of not less than 40 hectares or the Council is satisfied that any proposed smaller allotment is not intended to be used for the purpose of agriculture or a dwelling house, but is intended to be used for another lawful purpose, and
(b) where any allotment proposed to be created will have a frontage to a main road, the frontage will be not less than 200 metres, and
(c) the Council has been informed of the purpose for which each proposed allotment to be created by the subdivision is intended to be used and, where the purpose is agriculture, of the form of agriculture for which the allotment is intended to be used.
Despite any other provision of this plan, the Council must not consent to the erection of a dwelling house on an allotment within Zone 7 (d) or 7 (e) that has an area of less than 40 hectares unless—
(a) that allotment is a vacant original holding, or
(b) the allotment has been created in accordance with a subdivision approval (or a consent for a subdivision) on which no condition has been imposed prohibiting the erection of a dwelling house on the subject property.
Despite any other provision of this plan, the Council must not consent to the erection of more than one dwelling house on an allotment within Zone 7 (d) or 7 (e) unless the dwelling house will be used or occupied by a person engaged by the owner of that land in the pursuit of agriculture on that land or on land adjacent to or adjoining that land.
Consent must not be granted for a dwelling house on an allotment of land in Zone 7 (d) or 7 (e) with an area of less than 40 hectares unless the Council places a condition on the consent requiring that allotment to be consolidated with any adjoining land in the same ownership until either all adjoining properties within the same ownership are consolidated or a minimum area of 40 hectares is achieved.
The Council must not consent to development on land within Zone 7 (e) in the “Jamberoo Valley Escarpment Area” shown on the map unless—
(a) there is no reasonable alternative site for the proposed development, and
(b) the proposed development will not have a detrimental impact on the visual quality of the Jamberoo Valley, and
(c) any building and its access will be designed and sited so as to be visually unobtrusive from any public place, and
(d) the proposed development will not be subject to slip hazard, and
(e) adequate landscaping to screen the development will be provided, and
(f) it has given consideration to the impact that the proposed development will have on the scenic quality of the Jamberoo Valley by way of colour, bulk, vegetation removal, road access, visual intrusiveness, reflection and traffic generation, and is satisfied that such measures as will, in the Council’s opinion, minimise that impact are proposed to be taken.
The Council must take the following into consideration when assessing an application for consent to clear any land within Zone 7 (e) shown stippled on Sheet 3 of the map marked “Illawarra Regional Environmental Plan No 2—Jamberoo Valley” deposited in the office of the Department of Urban Affairs and Planning (being areas of significant vegetation)—
(a) the movement of native fauna,
(b) any rare or significant flora or fauna,
(c) any rare or significant habitats,
(d) the effect of the proposed clearing on adjacent or adjoining lands under the control of the National Parks and Wildlife Service,
(e) whether there is a reasonable alternative to the removal of that vegetation or the extent of the removal of that vegetation,
(f) the visual impact on the scenic quality of the Jamberoo Valley by breaking any unbroken natural tree canopy cover or creating smaller discrete parcels of vegetation from an existing stand.
The Council must not consent to the subdivision of land within Zone 7 (f2) unless—
(a) each allotment to be created will have an area of not less than 40 hectares or the Council is satisfied that any proposed smaller allotment is not intended to be used for the purpose of agriculture or a dwelling house, but is intended to be used for another lawful purpose, and
(b) where any allotment proposed to be created will have a frontage to a main road, the frontage will be not less than 200 metres, and
(c) the Council has been informed of the purpose for which each proposed allotment to be created by the subdivision is intended to be used and, where the purpose is agriculture, of the form of agriculture for which the allotment is intended to be used.
The Council must not grant consent to a subdivision of land within Zone 7 (f2) unless it has taken into consideration the following—
(a) the extent to which the development would affect the scenic qualities of the coastal landscape, headlands, dune systems, and the hinterland, including lagoons, lakes and areas where the original vegetation is still dominant,
(b) whether the development would result in the degradation of, or restriction of access to, coastal recreation areas,
(c) any plan, code, policy or design adopted by resolution of the Coastal Council of New South Wales for the purpose of protecting coastal lands,
(d) the potential impacts of climate change including sea level rise.
(Repealed)
Despite any other provision of this plan, the Council must not consent to the erection of a dwelling house on land within Zone 7 (f2) unless the dwelling house is to be used for the permanent occupation of a caretaker or manager for the property on which the dwelling house is to be located.
The matters that the Council must take into consideration in deciding whether to grant consent to development on land within Zone 7 (f2) for the purpose of additions or alterations to an existing building or work, tourist facilities, dams, drainage, dwelling houses, roads or utility installations (other than gas holders or generation works) are—
(a) the extent to which the development would affect the scenic qualities of the coastal landscape, headlands, dune systems, and the hinterland, including lagoons, lakes and areas where the original vegetation is still dominant, and
(b) whether the development would result in the degradation of, or restriction of access to, coastal recreation areas, and
(c) any plan, code, policy or design adopted by resolution of the Coastal Council of New South Wales for the purpose of protecting coastal lands, and
(d) the potential impacts of climate change including sea level rise.
(Repealed)
The owner of land within Zone 7 (f2) may, by notice in writing, require the corporation to acquire the land.
On receipt of such a notice, the corporation must acquire the land.
The Council must not consent to the subdivision of land within Zone 7 (g) unless—
(a) each allotment to be created (including any proposed lot under the Strata Schemes (Leasehold Development) Act 1973 or the Community Land Development Act 1989) will have an area of not less than 4 hectares, and
(b) the Council has taken into consideration—
(i) the land capability (including soil resources, soil stability and capacity for on-site waste disposal) and the natural constraints, and hazards of the land to be subdivided in relation to the density and design of the allotments proposed to be created, and
(ii) the desirability of providing a range and mix of allotment sizes, and
(iii) the ability to provide services to the land, and
(iv) whether the design of each allotment to be created by the subdivision is satisfactory for the provision of those services.
A person must not erect a dwelling house on an allotment of land within Zone 7 (g) unless that land is an allotment created by a subdivision to which the Council has consented in accordance with this plan.
The Council must not consent to the subdivision of land within Zone 7 (h) unless—
(a) the average size of the allotments to be created (including any proposed lot under the Strata Schemes (Leasehold Development) Act 1973 or the Community Land Development Act 1989) is not less than 1000 square metres, and
(b) the Council has taken into consideration—
(i) the land capability (including soil resources, soil stability and capacity for on-site waste disposal) and the natural constraints, and hazards of the land to be subdivided in relation to the density and design of the allotments proposed to be created, and
(ii) the desirability of providing a range and mixture of allotment sizes, and
(iii) the ability to provide services to the land, and
(iv) whether the design of each allotment to be created by the subdivision is satisfactory for the provision of those services.
(Repealed)
Land is within Zone 8 (the National Parks and Nature Reserves zone) if it is shown coloured olive green on the map.
(a) To identify land which is reserved or dedicated under the National Parks and Wildlife Act 1974.
(b) To allow for the appropriate use of that land as provided for in the National Parks and Wildlife Act 1974.
Development for the purpose of—
• Nil.
Any development authorised by or under the National Parks and Wildlife Act 1974 or any other development ordinarily incidental or ancillary to any such development.
Development not included in subclause (3) or (4).
Land is within Zone 9 (b) (the Arterial Roads Reservation zone) if it is shown coloured red on the map.
To provide for the acquisition of land reserved for main or arterial roads.
Development for the purpose of—
• main or arterial roads; widening of existing main or arterial roads.
Development for the purpose of—
• clearing of land; drainage; extractive industry; filling, mineral sand mines; turf farms; utility installations (other than gas holders and generating works); wetland improvement.
Development not included in subclause (3) or (4).
Land is within Zone 9 (c) (the Local Roads Reservation zone) if it is shown coloured light grey on the map.
To permit the development of reserved land where it is not immediately required for local roads.
Development for the purpose of—
• local roads; widening of local existing roads.
Development for the purpose of—
• clearing of land; drainage; filling; utility installations (other than gas holders and generating works); wetland improvement.
Development not included in subclause (3) or (4).
Land is within Zone 9 (d) (the Open Space Reservation zone) if it is shown coloured dark green on the map.
To allow the continued use of reserved land until it is required.
Development for the purpose of—
• aids to navigation; bushfire hazard reduction; landscaping.
Development for the purpose of—
• clearing of land; drainage; filling; general agriculture; intensive horticulture; plantation forestry; recreation areas; showgrounds; utility installations (other than gas holders and generating works); wetland improvement.
Development not included in subclause (3) or (4).
Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
The owner of any land within Zone 9 (b) may, by notice in writing, require the Roads and Traffic Authority (RTA) to acquire the land. On receipt of such a notice, the RTA must acquire the land if—
(a) the land is vacant, or
(b) the land is not vacant but is included in the 5-year works program of the RTA current at the time of the receipt of the notice, or
(c) (Repealed)
(d) the land is not vacant but the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable period of time,
but the RTA is not required to acquire the land if it might reasonably be required to be dedicated for public road.
Despite any other provision of this plan, land within Zone 9 (b) (whether or not it has been acquired) may be developed, with the consent of the Council, for any purpose for which development or compatible development may be carried out on land in an adjoining zone. In granting such a consent, the Council may impose conditions—
(a) requiring the removal of any building or work for which it has granted consent, or
(b) requiring the reinstatement of the land or removal of any waste materials or refuse.
(c) (Repealed)
(Repealed)
The owner of land within Zone 9 (c) may, by notice in writing, require the Council to acquire the land. On receipt of such a notice, the Council must acquire the land.
Despite any other provision of this plan, until it is acquired, land within Zone 9 (c) may be developed, with the consent of the Council, for any purpose for which development or compatible development may be carried out on land in an adjoining zone. In granting such a consent, the Council may apply conditions requiring—
(a) the removal of any building or work for which it has granted consent, and
(b) the reinstatement of the land or removal of any waste materials or refuse.
Despite any other provision of this plan, a person may, with the consent of the Council, carry out development on land within Zone 9 (d) for the purpose of temporary activities such as markets, exhibitions and fund raising, but only if—
(a) the activity will be carried out by an established non-profit organisation, and
(b) the consent will not have the effect of allowing the same site to be used for the those kinds of activities more than 12 times in any one year.
In considering whether to grant consent to the carrying out of any such development, the Council must take into account—
(a) the desirability (from the Council’s view point) of the proposed development on the land, and
(b) the suitability of the land for the proposed development, and
(c) the availability and suitability of alternative sites for the proposed development, and
(d) the impact of the proposed development on the land and the neighbourhood, and
(e) the desirability of retaining the land for its existing or likely future use.
The owner of land within Zone 9 (d) may, by notice in writing, require the Council to acquire the land. On receipt of such a notice, the Council must acquire the land.
Despite any other provision of this plan, until it is acquired, land within Zone 9 (d) may be developed, with the consent of the Council, for any purpose for which development or compatible development may be carried out on land in an adjoining zone. In granting such a consent, the Council may apply conditions requiring—
(a) the removal of any building or work for which it has granted consent, and
(b) the reinstatement of the land or removal of any waste materials or refuse.
The objectives of this plan in relation to heritage are—
(a) to conserve the environmental heritage of the Shellharbour City local government area, and
(b) to conserve the heritage significance of existing significant fabric, relics, Aboriginal objects, settings and views associated with the heritage significance of heritage items and heritage conservation areas, and
(c) to ensure that archaeological sites and places of Aboriginal heritage significance are conserved, and
(d) to ensure that the heritage conservation areas throughout the Shellharbour City local government area retain their heritage significance.
The following development may be carried out only with development consent—
(a) demolishing, damaging or moving a heritage item, or a building, work, relic, Aboriginal object, tree or place within a heritage conservation area,
(b) altering a heritage item or a building, work, relic or Aboriginal object within a heritage conservation area by making structural changes to its exterior,
(c) altering a heritage item or a building, work, relic or Aboriginal object within a heritage conservation area by making non-structural changes to the detail, fabric, finish or appearance of its exterior,
(d) altering a heritage item by making structural changes to its interior,
(e) moving the whole or a part of a heritage item,
(f) erecting a building on, or subdividing, land on which a heritage item is located or which is within a heritage conservation area,
(g) disturbing or excavating a place of Aboriginal heritage significance or 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 or an Aboriginal object being discovered, exposed, moved, damaged or destroyed.
Development consent is not required by this clause if—
(a) in the opinion of the consent authority—
(i) the proposed development is of a minor nature or consists of maintenance of the heritage item or of a building, work, archaeological site, tree or place within a heritage conservation area, and
(ii) the proposed development would not adversely affect the significance of the heritage item or heritage conservation area, and
(b) the proponent has notified the consent authority in writing of the proposed development and the consent authority has advised the applicant in writing, before any work is carried out, that it is satisfied that the proposed development will comply with this subclause and that development consent is not otherwise required by this plan.
Development consent is not required by this clause for the following development in a cemetery or burial ground if there will be no disturbance to human remains, relics in the form of grave goods, Aboriginal objects in the form of grave goods or to a place of Aboriginal heritage significance—
(a) the creation of a new grave or monument,
(b) an excavation or disturbance of land for the purpose of carrying out conservation or repair of monuments or grave markers.
Before granting a consent required by this clause, the consent authority must assess the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.
The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
The assessment must include consideration of a heritage impact statement that addresses at least the following issues (but is not to be limited to assessment of those issues, if the heritage significance concerned involves other issues). The consent authority may also decline to grant such a consent until it has considered a conservation management plan, if it considers the development proposed should be assessed with regard to such a plan.
The minimum number of issues that must be addressed by the heritage impact statement are—
(a) for development that would affect a heritage item—
(i) the heritage significance of the item as part of the environmental heritage of the Shellharbour City local government area, and
(ii) the impact that the proposed development will have on the heritage significance of the item and its setting, including any landscape or horticultural features, and
(iii) the measures proposed to conserve the heritage significance of the item and its setting, and
(iv) whether any archaeological site would be adversely affected by the proposed development, and
(a) any manufacturing process within the meaning of the Factories, Shops and Industries Act 1962, or
(b) the breaking up or dismantling of any goods or any article for trade or sale or gain or as ancillary to any business.
(a) poultry farms, or
(b) fish farms, or
(c) horse training and boarding establishments, and
(d) piggeries,
and the like, but does not include a building or place elsewhere specifically defined in this Schedule or used for the keeping of livestock for personal consumption or enjoyment by the owner or occupier of the land.
(a) which is used in conjunction with a light industry or warehouse on land within Zone 4 (a), 4 (a3) or 4 (f), and
(b) which is situated on the land on which the light industry or warehouse is located, and
(c) in which are sold only goods that have been assembled, manufactured or stored on the land on which the shop is situated;
(a) a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It can (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or
(b) a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.
(a) railway, road transport, water transport, air transport, wharf or river undertakings,
(b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,
and a reference to a person carrying on a public utility undertaking includes a reference to a Council, County Council, Government Department, corporation, firm or authority carrying on the undertaking.
(a) a children’s playground, or
(b) an area used for sporting activities or sporting facilities, or
(c) an area used to provide facilities for or ancillary to recreational activities that promote the physical, cultural or intellectual welfare of persons within the community,
but does not include a racecourse or a showground.
(a) the sale by retail of spare parts and accessories for motor vehicles,
(b) washing and greasing of motor vehicles,
(c) installation of accessories,
(d) repairing and servicing of motor vehicles involving the use of hand tools (other than repairing and servicing which involves top overhaul of motors, body building, panel beating or spray painting, or suspension, transmission or chassis restoration).
The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.
• Shellharbour Local Environmental Plan 2000—Amendment No 2
• Shellharbour Local Environmental Plan 2000 (Amendment No 6).
• Shellharbour Local Environmental Plan 2000—Amendment No 7
• Shellharbour Local Environmental Plan 2000 (Amendment No 8)—Sheet 2
• Shellharbour Local Environmental Plan 2000 (Amendment No 10)
• Shellharbour Local Environmental Plan 2000 (Amendment No 11)
• Shellharbour Local Environmental Plan 2000 (Amendment No 12)
• Shellharbour Local Environmental Plan 2000 (Amendment No 14)
• Shellharbour Local Environmental Plan 2000 (Amendment No 15)—Sheet 1
(a) a hotel, motel, bed and breakfast accommodation, backpackers inn, serviced apartments, holiday cabins, a caravan park, camping ground, houseboat, and any associated swimming pool, golf course, tennis court and marina,
(b) a restaurant, and
(c) a souvenir shop, arts and craft gallery and exhibition centre.
(a) any substance (whether solid, liquid, or gaseous) that is discharged, emitted or deposited in the environment in such volume, constituency or manner as to cause an alteration in the environment, or
(b) any discarded, rejected, unwanted, surplus or abandoned substance, or
(c) any otherwise discarded, rejected, unwanted, surplus, or abandoned substance intended for sale or for recycling, reprocessing, recovery or purification by separate operation from that which produced the substance, or
(d) any substance prescribed to be waste for the purposes of the Waste Minimisation and Management Act 1995 by the regulations made under that Act.
A substance is not precluded from being waste merely because it can be reprocessed, re-used or recycled.
(Schedule 1)
Bass Point Reserve
Lot 3, DP 248002, Bass Point
Blackbutt Forest
Lot 3, DP 259967, Shellharbour Road, Blackbutt
Macquarie Pass National Park
Illawarra Highway, Macquarie Pass
Waterfront, Harbour and Breakwater
Foreshore below Wollongong Street, Shellharbour
(Schedule 1)
Item No | Heritage Item | Level of Significance |
AP1 | “Tulkeroo” Lot 1, DP 910045, 23 Calderwood Road, Albion Park | Local |
AP2 | Former Presbyterian manse Lot 1, DP 574775, 42 Macquarie Street, Albion Park | Local |
AP3 | Pioneer cemetery Part Lot 32, DP 111172, Russell Street, Albion Park | Local |
AP4 | “Rosetta Hill” Lot 1, DP 883020, 55 Fields Drive, Albion Park | Local |
AP5 | Albion Park School and former school residence Lot 1, DP 782244, Tongarra Road, Albion Park | Local |
AP6 | Albion Park Anglican and Roman Catholic cemeteries Part of Lot 2, DP 227785, Part of Lot 301, DP 1041577 and Part Lot 37, DP 111172, Tongarra Road, Albion Park | Local |
AP7 | “Ravensthorpe”, including grounds and adjoining workers’ cottages Lots 91–93, DP 1069273, 52–56 Tongarra Road, Albion Park | Local |
AP8 | Albion Park Courthouse Lot 64, DP 781264, 94–96 Tongarra Road, Albion Park | Local |
AP9 | Former bank building Lot 4, DP 703238, 148 Tongarra Road, Albion Park | Local |
AP10 | St Andrew’s Presbyterian Church Part Lot 36, DP 111172, 250 Tongarra Road, Albion Park | Local |
AP11 | All Saints Anglican Church Part of Lot 2, DP 227785, 253 Tongarra Road, Albion Park | Regional |
AR1 | Former Albion Park Dairy Co-Op building Part of Lot 2, DP 1055593 and State Rail Authority land fronting Creamery Road, Albion Park Rail | Local |
AR2 | General Cemetery Lot 7007, DP 1029735, 61 Croome Road, Albion Park Rail | Local |
AR3 | Albion Park Railway precinct, including the station, forecourts, residence and surroundings Part of Lot 2, DP 1055593, Station Residence Lot 1, DP 1055593 and State Rail Authority property fronting Station Road, Albion Park Rail | State |
BP1 | “Cities Service Boston” wreck monument Lot 3, DP 248002, Bass Point | Local |
BL1 | Stand of trees in Wentworth Cottage Park Lot 8222, DP 852573, Pioneer Drive, Blackbutt | Local |
CA1 | Marshall Mount Methodist cemetery Lot 1, DP 195342, Calderwood Road, Calderwood | Local |
CR1 | “The Hill” Part Lot 5, DP 3709, Dunsters Lane, Croom | State |
CR2 | “Kurrawong” Lot 100, DP 717430, 4 James Road, Croom | Local |
CR3 | Avenue of Norfolk Island Pine trees Princes Highway, Croom, extending 800 metres south and 1100 metres north of the symbol on the map | Local |
DU1 | “Dunmore House” Lot 1, DP 1051476, Princes Highway, Dunmore | Regional |
DU2 | Shellharbour Railway precinct at Dunmore, including the station, forecourts, residence and surroundings Lot 1, DP 859763 and State Rail Authority land fronting Shellharbour Road, Dunmore | State |
DU3 | Former Minnamurra School, including residence and grounds Lot 1, DP 745632, 40 Swamp Road, Dunmore | Regional |
DU4 | “Glengowrie” and fig trees Lots 12, 13 and 14, DP 1017763, Swamp Road, Dunmore | Local |
DU5 | Tree (in contorted form) on former “Peterborough Estate” Lot 1, DP 133603, 53 Browns Road, Dunmore | Local |
MP1 | “Nurrewin” Lot 68, DP 751263, Illawarra Highway, Macquarie Pass National Park | Regional |
SC1 | “Killarney” Lot 10, DP 882238, 7–21 Buckley’s Road, Shell Cove | Local |
SH1 | Boer War memorial in Caroline Chisholm Park Lot 9, DP 11740, 14 Addison Street, Shellharbour | Local |
SH2 | Anchor from “Rangoon” Lot 1, DP 560228, 2 Addison Street, Shellharbour | Local |
SH3 | Ocean Beach Hotel (former Shellharbour Hotel), including trees Lot 1, DP 560228, 2 Addison Street, Shellharbour | Local |
SH4 | Former corner store Lot 1, DP 745795, 10 Addison Street, Shellharbour | Local |
SH5 | Bakery ovens, bricks and facades of former bakery (moveable objects) Lot 7, DP 238804, 25 Addison Street, Shellharbour | Local |
SH6 | “Windradeen” Lot 5, DP 238804, 29 Addison Street, Shellharbour | Local |
SH7 | Former Shellharbour Council Chambers Lot 76, DP 751290, 32A Addison Street, Shellharbour | Local |
SH8 | Former Allen’s store Lot 2, DP 238804, 35 Addison Street, Shellharbour | Local |
SH9 | Russell East Park (including Moreton Bay Fig tree and Olive tree) Lots 5 and 6, DP 24223 and Lot 5, DP 24031, 10 Eastern Avenue, Shellharbour | Local |
SH10 | Moreton Bay Fig tree Part Lot 1, DP 80960 and Lots 1–9, DP 18262, Mary Street, Shellharbour | Local |
SH11 | Uniting Church Lot 1, DP 784317, 49 Mary Street, Shellharbour | Regional |
SH12 | “Woodbine”—former Police Station Lot 1, DP 449871, 20 Mary Street, Shellharbour | Regional |
SH13 | Garden trees Lot 22, DP 11740, 36 Mary Street, Shellharbour | Local |
SH14 | Shellharbour General Cemetery Lots 2 and 3, DP 529282, Shellharbour Road, Shellharbour | Local |
SH15 | St Pauls Anglican Church Lot 1, DP 503805, 12 Towns Street, Shellharbour | Local |
SH16 | Norfolk Island Pine tree Lot 40, DP 15107, 54 Wentworth Street, Shellharbour |
Local | ||
SH17 | Stella Maris Roman Catholic Church Lot 10, DP 1037745, Part Lot 10, Sec 2, 16–18 Wentworth Street, Shellharbour and part of Lot 9, DP 1037745, 7–9 Wilson Street, Shellharbour | Local |
SH18 | “The Beaches” Lot 100, DP 801475, 4 Wilson Street, Shellharbour | Local |
SH19 | Little Park and Norfolk Island Pine trees Part Plan Ms 408 Sy and Lot 7004, DP 1028837, Wollongong Street, Shellharbour | Regional |
TU1 | Ruins of former Tullimbar School and Headmaster’s residence Lot 1, DP 905581, 38 Tullimbar Lane, Tullimbar | Local |
TU2 | “Toongla” Lot 82, DP 634605, Tullimbar Lane, Tullimbar | State |
YR1 | “Wiangara” and coach house Lots 32 and 33, DP 751274, Yellow Rock Road, Yellow Rock | Local |
(Clauses 25, 29, 41)
The following commercial hierarchy applies to all commercial/retail development within the local government area of Shellharbour City, with the exception of development for the purpose of bulky goods retailing or light industrial retail outlets—
Sub-regional Centre | ||
unlimited | ||
Land contained in the Shellharbour City Centre Area comprising Lots 230 and 231, DP 869094; Lot 1, DP 856215; Lots 1011, 1012 and 1013, DP 700657; Lots 4000 and 4001, DP 809913; Lot 3000, DP 739087, and part of Lot 3219, DP 800230, whether or not these lands are subsequently subdivided. | ||
District Centre | ||
up to 10,000m | ||
Land contained within the General Business zone in the vicinity of Tongarra Road, Terry Street and Russell Street, Albion Park. Land contained within the General Business zone in the vicinity of Shellharbour Road, Veronica Street and Woolworths Avenue and George Street, Shellharbour Road and Beverly Avenue, Warilla. The combined land contained within the General Business zone in the vicinity of Addison Street, Mary Street and Wentworth Street, Shellharbour and the Mixed Use Residential F zone, Shell Cove. | ||
Local Centre | ||
up to 4,000m | ||
Land contained within the General Business zone in the vicinity of Princes Highway, Creamery Road and Kaylaur Crescent, Albion Park Rail. Land contained within the General Business zone in the vicinity of Central Avenue, Oak Flats | ||
Neighbourhood Centre | ||
up to 1,500m | ||
May be located to serve the local convenience needs of a surrounding residential area where a higher order centre is not within a reasonably accessible distance. A service radius in the order of 500 metres is considered reasonable as the catchment area for a neighbourhood centre. | ||
Local Shop/Local General Store | ||
A single shop of approximately 50m | ||
May be supported where Council is satisfied that there is a demand for the facility and that it is not likely to interfere with the functioning of the commercial hierarchy as outlined above in this Schedule. |
(Clause 81)
Lot 202, DP 848203, corner of Shellharbour and Wattle Roads, Shellharbour.
Part of Lot 201, DP 848203, corner of Shellharbour and Wattle Roads, Shellharbour, as shown edged with a broken heavy line and labelled “Schedules 5 and 6” on the map.
Part of Lot 1, DP 588826, Benaud Crescent, Warilla as shown edged with a broken heavy line and labelled ‘schedule 5’ on the map.
Part of Lot 2, DP 248002, Boollwarroo Parade, Lot 1, DP 584291, Addison Street and part of Lot 2, DP 584291, Shellharbour Road, Shellharbour as shown edged with a broken heavy line and labelled ‘schedule 5’ on the map.
Lot 2, DP 605483, Pioneer Drive, Oak Flats, as shown edged with a broken light blue line and lettered “Schedule 5” on Sheet 1 of the map marked “Shellharbour Local Environmental Plan 2000 (Amendment No 8)”—Easement for watermain (S226024) as noted on Certificate of Title Folio Identifier 2/605483.
Lot 71, DP 788843, Pioneer Drive, Oak Flats, as shown edged with a broken light blue line and lettered “Schedule 5” on Sheet 1 of the map marked “Shellharbour Local Environmental Plan 2000 (Amendment No 8)”.
Part of Lot 3, DP 259967, Captain Cook Drive, Blackbutt Reserve, Blackbutt, as shown edged with a broken light blue line and lettered “Schedule 5” on Sheet 3 of the map marked “Shellharbour Local Environmental Plan 2000 (Amendment No 8)”.
Lot 2, DP 109304 and Lot 82, DP 729172, Pioneer Drive, Shellharbour, as shown edged with a broken light blue line and lettered “Schedule 5” on Sheet 1 of the map marked “Shellharbour Local Environmental Plan 2000 (Amendment No 15)”.
Lot 101 and part of Lot 100, DP 801536, Industrial Road, Oak Flats, as shown edged with a heavy black broken line and lettered “Schedule 5” on the map marked “Shellharbour Local Environmental Plan 2000 (Amendment No 9)”.
(Clause 82)
Lot 3, DP 786522, Princes Highway, Albion Park Rail—service station.
Lot 1, DP 222288, Terry Street, Albion Park—motel.
Lot 1, DP 745632, Swamp Road, Dunmore—inhabitation of the former “Peterborough” School Building as dwelling.
Part of Lot 2, DP 248002, Boollwarroo Parade, Shellharbour—boat harbour entrance works.
Lots 1, 2 and 3, DP 627527, Tongarra Road, Albion Park Rail—funeral parlour.
Part of Lot 2, DP 808989, Terry Street, Albion Park as shown edged with a broken heavy line and labelled ‘schedule 6’ on the map—community uses.
Lots 196–200, DP 222963 and Lot 204, DP 224196, Madigan Boulevarde, Mount Warrigal—medical services which are ancillary to a hospital, and which are of a type, size and scale compatible with generally residential areas.
Lots 28–32, DP 23454 and Lots 24–27, DP 23988, Shellharbour Road, Warilla—professional offices which includes the offices of accountants, solicitors, architects or plan drawers, insurance brokers, real estate agents or surveyors.
Lot 56, DP 739857, Illawarra Highway, Albion Park—place of public worship and place of assembly.
Part Lot 1, DP 70380, Tongarra Road, Albion Park Rail—landscape supplies depot.
Lot 202, DP 848203, corner of Shellharbour and Wattle Roads, Shellharbour—an integrated development which may include a service station, convenience store and car wash facility.
Lot 4211, DP 833774, Princes Highway, Albion Park Rail—motel.
Lot 1, DP 534605, Shellharbour Road, Shellharbour—technology centre related to the computer industry.
Lot 13, DP 658385, Croome Lane, Albion Park Rail—earthmoving equipment depot.
Lot 18, DP 804242, Lot 5, DP 244040, Lot 2, DP 607267, Lots 101 and 102, DP 244073 and Lots 50, 51 and 52, DP 565091, Miall Way, Albion Park Rail—motor showrooms.
Lot 1, DP 833735, Shellharbour Road, Warilla—refreshment rooms.
Lot A, DP 434117, 31 Reddall Parade, Lake Illawarra—refreshment rooms.
Part of Lot 1202, DP 864021, Shellharbour Road, Dunmore as shown edged with a broken heavy line and labelled ‘schedule 6’ on the map—industry which does not interfere with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, waste water, waste products, grit or oil, or otherwise.
So much of Lot 202, DP 859498, Terry Street, Albion Park, as is zoned either Rural “A” or Rural “B”—a total of 14 dwelling allotments at least 13 of which are to be connected to a sewerage service.
Lot 230, DP 869094, Cygnet Avenue, Blackbutt—a single stand-alone supermarket, two take-away food restaurants and a single service station.
Lot 1, DP 998390, Terry Street, Albion Park—one dwelling house.
Lot 2707, DP 847729, Huon Crescent, Albion Park—a total of 4 allotments with no more than one dwelling house on each allotment.
Lot 21, DP 111195, Terry Street, Yellow Rock—a total of 3 allotments with no more than one dwelling house on each allotment.
So much of Lot 1, DP 851151, Terry Street, Albion Park as is zoned Rural “A”—one allotment with no more than one dwelling house on the allotment.
Lot 1, DP 779617, Cooby Road, Yellow Rock—a total of 17 allotments with no more than one dwelling house on each allotment.
Lot 2627, DP 832456, Cooby Road, Yellow Rock—a total of 3 allotments with no more than one dwelling house on each allotment.
So much of Lot 1, DP 792437, Yellow Rock Road, Yellow Rock as is zoned Rural “A”—a total of 7 allotments with no more than one dwelling house on each allotment.
Part of Lot 201, DP 848203, corner of Shellharbour and Wattle Roads, Shellharbour, as shown edged with a broken heavy line and labelled “Schedules 5 and 6” on the map—fire station, place of public worship.
Lot 1, DP 799421, 162 Tongarra Road, Albion Park—car parking for the use of the Albion Park RSL Memorial Club.
Croom Regional Sporting Complex, being Lot 2 DP 605565, Lot 3 DP 549511 and Lot 1 DP 216772, Croom Road, Croom—
(a) expositions—being events that bring together suppliers of a broad range of product lines and services that relate to a common theme for the primary purpose of exhibiting and explaining the products and services, but where sales may also form a part of the event, and
(b) trade fairs—being events that bring together a range of products or services that relate to an industry group for the purpose of demonstrating the range of products and services available to traders within that industry group.
Lots 8 and 9, DP 244040, Miall Way, Albion Park Rail—motor showrooms.
Shellharbour Local Environmental Plan 2000 published in Gazette No 66 of 2.6.2000, p 4565 and amended as follows—
Shellharbour Local Environmental Plan 2000—Amendment No 1 (GG No 121 of 15.9.2000, p 10552)
Shellharbour Local Environmental Plan 2000—Amendment No 2 (GG No 152 of 24.11.2000, p 12013)
Shellharbour Local Environmental Plan 2000 (Amendment No 3) (GG No 127 of 17.8.2001, p 6074)
Shellharbour Local Environmental Plan 2000 (Amendment No 5) (GG No 34 of 1.2.2002, p 680)
Shellharbour Local Environmental Plan 2000 (Amendment No 7) (GG No 121 of 1.8.2003, p 7578)
Shellharbour Local Environmental Plan 2000 (Amendment No 9) (GG No 47 of 27.2.2004, p 891)
Shellharbour Rural Local Environmental Plan 2004 (GG No 198 of 10.12.2004, p 9016)
Shellharbour Local Environmental Plan 2000 (Amendment No 10) (GG No 200 of 17.12.2004, p 9477)
State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2004 (GG No 201 of 17.12.2004, p 9590)
(560) | Shellharbour Local Environmental Plan 2000 (Amendment No 12). GG No 113 of 9.9.2005, p 7354. Date of commencement, on gazettal. | |
(151) | Shellharbour Local Environmental Plan 2000 (Amendment No 11). GG No 40 of 31.3.2006, p 1715. Date of commencement, on gazettal. | |
No 58 | Statute Law (Miscellaneous Provisions) Act 2006. Assented to 20.6.2006. Date of commencement of Sch 2.51, assent, sec 2 (2). | |
(434) | Shellharbour Local Environmental Plan 2000 (Amendment No 6). GG No 98 of 4.8.2006, p 6114. Date of commencement, on gazettal. | |
(264) | Shellharbour Local Environmental Plan 2000 (Amendment No 8). GG No 80 of 15.6.2007, p 3783. Date of commencement, on gazettal. | |
(78) | Shellharbour Local Environmental Plan 2000 (Amendment No 14). GG No 36 of 20.3.2008, p 2438. Date of commencement, on gazettal. | |
(571) | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008. GG No 157 of 12.12.2008, p 11946. Date of commencement, 15.12.2008, cl 3. | |
(439) | Shellharbour Local Environmental Plan 2000 (Amendment No 15). LW 19.8.2011. Date of commencement, on publication on LW, cl 2. | |
(621) | State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019. Date of commencement of Sch 2.14, 15.1.2020, cl 2(1). | |
(659) | State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019. LW 20.12.2019. Date of commencement, 1.2.2020, cl 2. | |
(724) | State Environmental Planning Policy Amendment (Arts and Cultural Activity) 2020. LW 11.12.2020. Date of commencement, 11.12.2020, cl 2 and 2020 (713) LW 11.12.2020. | |
(716) | State Environmental Planning Policy Amendment (Miscellaneous) 2021. LW 26.11.2021. Date of commencement, on publication on LW, sec 2. | |
(629) | State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022. Date of commencement, 21.11.2022, sec 2. | |
(524) | State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023. LW 15.9.2023. Date of commencement, 1.11.2023, sec 2. |
Cl 2 | Am 2020 (724), Sch 2[1]. |
Cl 3 | Am 10.12.2004. |
Cl 5 | Am 2023 (524), Sch 1.1[2]. |
Cl 8 | Am 2019 (659), Sch 1.23[1]. |
Cll 11, 12 | Am 17.8.2001; 2005 (560), Sch 1 [1]. |
Cl 13 | Am 2005 (560), Sch 1 [1]. |
Cll 20–24, 27, 28, 30 | Am 17.8.2001; 2005 (560), Sch 1 [1]. |
Cl 31 | Am 17.8.2001; 2005 (560), Sch 1 [1]; 2006 (434), Sch 1 [1]–[4]. |
Cl 32 | Am 2005 (560), Sch 1 [1]. |
Cl 33 | Am 17.8.2001; 2005 (560), Sch 1 [1]. |
Cl 37 | Am 17.12.2004; 2006 No 58, Sch 2.51; 2008 (571), Sch 3.158 [1]. |
Cll 38, 39, 43, 44, 49–53 | Am 17.8.2001; 2005 (560), Sch 1 [1]. |
Cl 57 | Am 2008 (571), Sch 3.158 [2]. |
Cl 58 | Am 2008 (571), Sch 3.158 [3]. |
Cl 63 | Rep 17.8.2001. |
Cl 68 | Am 2008 (571), Sch 3.158 [4]–[6]; 2021 (716), Sch 1.21[1] [2]. |
Part 11 | Subst 2006 (151), Sch 1 [1]. |
Cl 72 | Subst 2006 (151), Sch 1 [1]. |
Cl 73 | Subst 2006 (151), Sch 1 [1]. Am 2008 (571), Sch 3.158 [7]. |
Cl 74 | Subst 2006 (151), Sch 1 [1]. |
Cl 75 | Subst 2006 (151), Sch 1 [1]. Am 2008 (571), Sch 3.158 [8]; 2021 (716), Sch 1.21[3]. |
Cl 75A | Ins 2006 (151), Sch 1 [1]. Am 2008 (571), Sch 3.158 [9] [10]. |
Cll 75B, 75C | Ins 2006 (151), Sch 1 [1]. |
Cl 76 | Subst 2006 (151), Sch 1 [1]. |
Cl 77 | Am 17.8.2001. Subst 2019 (659), Sch 2.23[1]. |
Cl 81 | Am 27.2.2004; 2019 (621), Sch 2.14. |
Cl 83 | Rep 1.8.2003. Ins 2007 (264), Sch 1 [1]. |
Cl 87 | Am 17.8.2001; 2005 (560), Sch 1 [2]–[4]. |
Cl 88 | Ins 1.2.2002. |
Cl 89 | Ins 1.8.2003. |
Cl 90 | Ins 2019 (659), Sch 1.23[2]; 2023 (524), Sch 1.1[1]. |
Cll 91–93 | Ins 2019 (659), Sch 2.23[2]. |
Cl 94 | Ins 2020 (724), Sch 3. |
Cl 95 | Ins 2022 (629), Sch 3.8[1]. |
Sch 1 | Am 24.11.2000; 17.8.2001; 1.8.2003; 17.12.2004; 2005 (560), Sch 1 [5]; 2006 (151), Sch 1 [2]–[4]; 2006 (434), Sch 1 [5]; 2007 (264), Sch 1 [2]; 2008 (78), cl 4; 2011 (439), Sch 1 [1]; 2022 (629), Sch 3.8[2]. |
Sch 3 | Subst 2006 (151), Sch 1 [5]. |
Sch 5, heading | Subst 27.2.2004. |
Sch 5 | Am 24.11.2000; 27.2.2004; 2007 (264), Sch 1 [3]; 2011 (439), Sch 1 [2]. |
Sch 6 | Am 15.9.2000; 24.11.2000; 17.8.2001; 1.8.2003. |
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