Shellharbour Rural Local Environmental Plan 2004 (NSW)
This plan is Shellharbour Rural Local Environmental Plan 2004.
This plan applies to land within the local government area of Shellharbour City that is shown coloured on the zoning map marked “Shellharbour Rural Local Environmental Plan 2004”.
The aims of this plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to provide a comprehensive rural planning framework based on the principles of ecologically sustainable development,
(b) to establish ecologically sustainable development goals and require those goals to be taken into consideration when determining development applications,
(c) to ensure that the primary use of prime agricultural land and other land in the 1 (a) Agriculture Zone is for sustainable agricultural pursuits and associated development that support a diversified range of agricultural uses,
(d) to preserve and enhance the visual rural landscape character of land in the 1 (rl) Rural Landscape Zone,
(e) to provide for the management of the extraction of mineral resources in a manner that has regard to the surrounding land uses and end-use options of the altered landscape while minimising the environmental impacts of mineral extraction,
(f) to protect, enhance and manage environmentally important land having special aesthetic, historic, ecological or conservation values for the benefit of present and future generations.
This plan amends Shellharbour Local Environmental Plan 2000 by inserting at the end of clause 3—
However, this plan does not apply to land to which Shellharbour Rural Local Environmental Plan 2004 applies.
State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development is amended by inserting at the end of Schedule 1 (Ancillary or incidental development involving acid sulfate soils excepted from clause 10)—
Clause 41 of Shellharbour Rural Local Environmental Plan 2004
The Environmental Planning and Assessment Model Provisions 1980 are adopted for the purposes of this plan, except for clauses 4 (1), 15–23, 25, 26, 29 and 33 (1) of those provisions.
The Council is the consent authority for the purposes of this plan, subject to the Act.
Before granting consent for any development, the consent authority is to consider whether it will be ecologically sustainable development.
The consent authority must not grant consent for any development unless it is satisfied that carrying out the proposed development will be consistent with achieving—
(a) the ecologically sustainable development goals in Schedule 1, and
(b) the objectives for the zone in which the proposed development will be carried out.
When taking zone objectives into account, the consent authority is to treat any primary objectives for the zone as more significant than the secondary objectives for the zone and a primary objective is to prevail over a secondary objective for the same zone to the extent of any inconsistency.
The Dictionary at the end of this plan contains definitions of certain terms used in this plan.
In this plan, a reference to a map is to a map kept at the office of the Council.
Notes included in this plan do not form part of this plan.
Land is within one of the following zones for the purposes of this plan if it is shown on the zoning map in the manner specified below—
• 1 (a) Agriculture Zone—shown a light yellow colour.
• 1 (rl) Rural Landscape Zone—shown a yellow colour.
• 1 (x) Extractive Industry Zone—shown a medium grey colour.
• 5 (a) Special Uses (School) Zone—shown a dark yellow colour and lettered with the word “SCHOOL”.
• 5 (b) Special Railway Uses Zone—shown a dark grey colour.
• 6 (a) Public Open Space Zone—shown a light green colour.
• 7 (n) Nature Conservation Zone—shown a medium tan colour.
• 7 (w) Wetlands Zone—shown a rust colour.
• 9 (b) Arterial Roads Reservation Zone—shown a red colour.
• 9 (c) Local Roads Reservation Zone—shown a light grey colour.
The objectives of a zone are set out in Part 2 (General land use controls) for the zone under the heading “Objectives of the zone”.
Except as otherwise provided by this plan, for each zone specified in a “general controls for development” clause in Part 2, the development that—
(a) may be carried out without development consent, and
(b) may be carried out only with development consent, and
(c) is prohibited,
is indicated in that clause under the headings “Allowed without development consent”, “Allowed only with development consent” and “Prohibited in the zone” respectively, appearing in the matter relating to the zone.
Consent must not be granted to development unless the consent authority has taken into consideration—
(a) the aims of this plan in so far as they are relevant to the proposed development and promote the principles of ecologically sustainable development, and
(b) whether the proposed development is consistent with such of the objectives of the zone in which it is proposed to carry out the development as are relevant to the proposed development.
Development of minimal environmental impact listed as exempt development in Shellharbour Development Control Plan No 11/98 for Exempt
Development, as in force on 4 May 2005, is
Development listed as complying development in Shellharbour Development Control
Plan No 11/98 for Complying Development, as in force on 4 May 2005, is
(a) it is local development of a kind that may be carried out with development consent on the land on which it is proposed, and
(b) it is not an existing use, as defined in section 106 of the Act.
Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by the relevant development control plan referred to in subclause (1) or (2).
A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Shellharbour Development Control Plan No 11/98 for Complying Development, as in force when the certificate is issued.
Nothing in this plan prevents a person, with development consent, from carrying out development on land referred to in Schedule 2 if the development is specified in relation to that land in that Schedule, subject to such conditions, if any, as are specified in that Schedule.
Subclause (1) does not affect the operation of any other provision of this plan (such as a development standard) that is consistent with allowing that development to be carried out subject to any such conditions.
This clause applies to all land (including waterways) to which this plan applies that is not shown on the zoning map.
Development must not be carried out on land to which this clause applies except with development consent.
In determining a development application required by this clause, the consent authority must have regard to the objectives of any zone within which the land abutting the unzoned land is situated.
Notwithstanding subclause (2), consent is not required for development on unzoned land for the purpose of roads or utility installations (other than railway, water or air transport, wharf or river infrastructure, gas holders or generating works).
To the extent necessary for the purpose of enabling development to be carried out in accordance with this plan or in accordance with a consent granted under the Act, any covenant, agreement or like instrument imposing restrictions on, or prohibiting, the development shall not apply to the development.
Subclause (1) does not affect the rights of the Council or any other statutory body or public authority under any registered instrument.
Pursuant to section 28 of the Act, the Governor approved of subclauses (1) and (2) before this plan was made.
A development application relating to land to which this plan applies that was lodged with the consent 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 had not been made.
Nothing in Part 2 or 3 prohibits or requires development consent for an agricultural use of land to which this plan applies if that use—
(a) was being lawfully carried out on the land without development consent at the same or a greater intensity during the period of 12 months immediately before the commencement of this plan, and
(b) does not involve the clearing of land, the erection of a structure, the carrying out of a work, or the demolition of any structure or work.
If a development application has been made before the commencement of State Environmental Planning Policy Amendment (Planning for Bush Fire Protection) 2020 in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if that Policy had not commenced.
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 primary objectives of the zone are as follows—
(a) to recognise the importance and retain the productive capacity of high class agricultural land,
(b) to encourage sustainable agricultural practices and management of rural land,
(c) to minimise the incidence of existing and potential rural land use conflict by the appropriate separation of potentially incompatible uses,
(d) to ensure that development and management of land within the zone has a minimal impact on—
(i) water quality and environmental flows of receiving streams, and
(ii) ecological values of the land, including habitat corridors, and
(iii) the amenity of surrounding landowners, and
(iv) rural landscape character,
(e) to encourage habitat restoration on cleared land and rehabilitation activities that enhance the biodiversity values of the escarpment, foothills, riparian corridors, wetlands and wildlife links,
(f) to ensure that mineral resources of State or regional significance are not sterilised by the location of inappropriate uses on adjoining land.
The secondary objective of the zone is to allow non-agricultural uses that are compatible with the environmental quality and visual rural landscape character of land within the zone and that do not adversely impact on the agricultural potential or use of surrounding lands.
Exempt development and development for the purpose of the following may be carried out without development consent—
• agriculture; approved bush fire hazard reduction; bush food plantations; home businesses; home occupations; identification signs; removal of environmental weeds; roadside stalls.
Any development not included in subclause (2) or (4) may be carried out only with development consent.
Subdivisions that create lots less than 40 hectares in area and development for the purpose of the following are prohibited—
• advertisements not displaying the purpose for which the land is used or directional information; amusement parks; boarding houses; brothels; bulky goods; bush rock removal; caravan parks; car repair stations; child care centres; clubs; commercial premises; detached dual occupancies; educational establishments; heavy industries; helipads; hospitals; hotels; housing for older people or people with a disability; houses on lots less than 40 hectares in area; industries; 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; places of worship; professional consulting rooms; public buildings; racecourses; recreation facilities; road transport terminals; rural workers’ dwellings; service stations; shops; warehouses.
The primary objectives of the zone are as follows—
(a) to protect the landform, native vegetation, habitat corridors and other environmental attributes which contribute to the scenic and ecological values of the rural landscape,
(b) to ensure that mineral resources of State and regional significance are not sterilised from future possible extraction by the location of inappropriate uses on adjoining land,
(c) to provide for compatible land uses adjacent to areas of present or likely future mineral resources of State or regional significance,
(d) to ensure that development and management of the land has a minimal impact on—
(i) the availability of land containing mineral resources of State and regional significance for future extraction, and
(ii) water quality and environmental flows of receiving streams, and
(iii) ecological values of the land, and
(iv) the amenity of surrounding uses, and
(v) visual impact on the rural landscape character.
The secondary objectives of the zone are to retain the agricultural productive capacity of rural land and to encourage habitat restoration on cleared land and rehabilitation activities that enhance the biodiversity values of the foothills, riparian corridors, wetlands and habitat corridors.
Exempt development and development for the purpose of the following may be carried out without development consent—
• agriculture; approved bush fire hazard reduction; bush food plantations; home businesses; home occupation identification signs; removal of environmental weeds.
Subdivisions that create lots 40 hectares or greater in area and development for the purpose of the following may be carried out only with development consent—
• aquaculture; bed and breakfast accommodation; bush food plantations; clearing of land; drainage of land; farm dams; farm sheds; filling; houses on lots of 40 hectares or greater in area; intensive animal establishments; intensive plant growing; local roads; picnic grounds; plant nurseries; roadside stalls; rural restaurants; telecommunications facilities; telecommunications networks; utility installations (other than gas holders or generating works); wetland improvement.
Any development not included in subclause (2) or (3) is prohibited.
Consent for the subdivision of land in the 1 (a) Agriculture or 1 (rl) Rural Landscape Zone may be granted only if—
(a) the consent authority is satisfied that—
(i) the land is intended and likely to be used for development that is permissible under this plan and is consistent with the ecologically sustainable development goals and objectives of this plan, and
(ii) each proposed lot has an area equal to or greater than 40 hectares or, if it has a smaller area, has been created in accordance with clause 24, or
(b) the subdivision is to adjust a boundary between two existing lots where—
(i) no additional lots will be created, and
(ii) the proposed lot configuration will not result in the creation of a lot of less than 40 hectares on which an existing house will be situated or a house is proposed to be erected.
Before granting consent to the subdivision of land in the 1 (a) Agriculture or 1 (rl) Rural Landscape Zone, the consent authority must be satisfied that, to the fullest extent possible or practicable, allotment boundaries follow catchment, topographical or other natural features so as to facilitate long-term biodiversity conservation management and implementation of the principles of ecologically sustainable development.
Consent must not be granted for a subdivision of land in the 1 (a) Agriculture or 1 (rl) Rural Landscape Zone that is wholly or partly within an area of high conservation value unless the consent authority has considered a property management plan.
Before granting consent for a subdivision of land in the 1 (a) Agriculture or 1 (rl) Rural Landscape Zone, the consent authority must have regard to—
(a) the capability of the land for agricultural use, and
(b) the ability to site a house and associated buildings on the land, and
(c) the visual impact that any proposed development of the land will have on the visual character and amenity of the surrounding area, including the visual impact of any clearing and fencing that will be undertaken as a consequence of the subdivision, and
(d) whether the land is suitable for disposing of effluent, and
(e) the impact of water usage on watercourses and environmental flows where new allotments will have riparian rights under the Water Management Act 2000, and
(f) whether there will be legal and practicable vehicular access to the land, and
(g) the potential for land use conflict between the proposed or potential agricultural use of the land and the use of any adjacent houses or any house on the property, and
(h) whether the consequence of the subdivision or likely future development may affect the availability for extraction of mineral resources of State and regional significance.
Before granting consent for development of land for the purpose of a house or other building on land in the 1 (a) Agriculture or 1 (rl) Rural Landscape Zone, the consent authority must have regard to the following matters to the extent that they are relevant to the proposed development—
(a) the capability for agricultural uses of the part of the land that will not be the site of the house,
(b) the likely impact of the proposed development on the existing, or potential, agricultural uses of the surrounding land,
(c) vehicular access to the site,
(d) the visual impact of the house or other building and its associated buildings and the way in which services will be provided for the house or other building on the visual landscape character,
(e) the likely impact on the winning of mineral resources from land containing mineral resources of State and regional significance,
(f) the ability to dispose of effluent without adversely impacting on the water quality of nearby streams.
The height of any building erected on land in the 1 (a) Agriculture or 1 (rl) Rural Landscape Zone must not exceed 8 metres above natural ground level when measured vertically between any part of the building and the natural ground level directly below.
The objectives of the zone are as follows—
(a) to identify land that contains mineral resources,
(b) to minimise the impact of any development associated with mineral extraction on the amenity of surrounding landowners and the ongoing sustainability of any agricultural uses on adjoining land,
(c) to avoid the sterilisation of the mineral resources from future possible extraction caused by the development of surrounding land,
(d) to have regard to site rehabilitation and end-use options.
Exempt development and development for the purpose of the following may be carried out without development consent—
• agriculture; approved bush fire hazard reduction; removal of environmental weeds.
Subdivisions that create lots 40 hectares or greater in area and development for the purpose of the following may be carried out only with development consent—
• clearing of land; drainage of land; extractive industries; filling; identification signs; mineral sand mines; mines; public utility undertakings; sand mining; site rehabilitation works; stockpiling; telecommunications facilities; telecommunications networks.
Any development not included in subclause (2) or (3) is prohibited.
Before granting consent for development for the purposes of an extractive industry in the 1 (x) Extractive Industry Zone, the consent authority is to have regard to an environmental management and site rehabilitation plan that addresses the following—
(a) best practice guidelines and other current methods for measuring and minimising all associated environmental impacts of the proposed development,
(b) any likely social impacts of the proposed development, including the amenity of nearby residents,
(c) the visual impact of the proposed development on the landscape, including the ability for the development to be seen from public places and nearby houses,
(d) noise, dust and airborne pollution that may arise from the proposed development,
(e) protection and enhancement of areas of native vegetation in the vicinity of the proposed development,
(f) any likely seismic impacts of the proposed development on surrounding buildings,
(g) hydrology impacts and the implications of the proposed development on the water quality and flow rates in the catchment,
(h) if the proposed development involves quarrying operations, whether a buffer area comprised of land owned by the person who will carry out the quarrying operations has or can be established to which any measurable adverse environmental impacts that affect the amenity of any nearby residents will be confined,
(i) if the proposed development involves quarrying operations, access for quarry vehicles and the environmental impacts associated with the transport of extractive materials,
(j) rehabilitation of the site and co-ordination with any proposed or approved site rehabilitation on adjoining land,
(k) staging and co-ordination of extraction to minimise environmental impacts and allow for the orderly rehabilitation of the site.
This clause applies to land containing mineral resources of State and regional significance.
Consent must not be granted to any development on land to which this clause applies which in the opinion of the consent authority would lead to the sterilisation of mineral resources of State and regional significance from future possible extraction.
This clause applies to—
(a) land that is within one kilometre of land containing mineral resources of State and regional significance, and
(b) land in the 1 (x) Extractive Industry Zone.
Consent must not be granted to any development on land to which this clause applies unless the consent authority has considered—
(a) the impact the proposed development is likely to have on the availability of the particular mineral resource for future extraction, and on any current resource extraction, and
(b) whether the development would render that mineral resource unavailable and, if so, the cost of not being able to recover the mineral resource.
This clause applies to the following land at Dunsters Lane, Croom—
(a) so much of Lot 2, DP 858245, as is identified as “Access Land” and shown edged with a heavy black broken line on Sheet 1 of the map marked “Shellharbour Rural Local Environmental Plan 2004 (Amendment No 1)”, which is referred to in this clause as
the access land ,(b) so much of Lot 1, DP 858245, as is identified as “Buffer Land” and shown edged with a heavy black broken line on Sheet 1 of the map marked “Shellharbour Rural Local Environmental Plan 2004 (Amendment No 1)”, which is referred to in this clause as
the buffer land ,(c) so much of Lot 1, DP 858245, as is within the 1 (x) Extractive Industry Zone, which is referred to in this clause as
the extractive operations land .
Development may be carried out, with development consent, on the access land for the purpose of—
(a) a quarry haul road servicing extraction and ancillary activities on the extractive operations land, and
(b) a bund wall screening that road.
The use of any land other than a road on the access land screened by a bund wall to provide vehicular access to, or egress from, extraction and ancillary activities on the extractive operations land is prohibited.
Development may be carried out, with development consent, on the buffer land for the purpose of a bund that will reduce the environmental impact on adjoining land of extractive operations carried out on Lot 1, DP 858245.
Consent must not be granted to the carrying out of extractive operations on the extractive operations land unless the consent authority is satisfied that the environmental impact on that adjoining land of those operations will be adequately reduced by a bund on the buffer land.
This clause applies to land that is within the planning buffer area shown on the State and Regionally Significant Mineral Resources Map.
Land to which this clause applies may be subdivided to create lots of any size but only with development consent which may be granted only if the consent authority is satisfied that—
(a) the purpose of the subdivision is to excise land needed for an extractive industry or operational buffer to an extractive industry, and
(b) the land is or adjoins land containing mineral resources of State and regional significance, and
(c) the proposed lot that consists of land other than the land excised as referred to in paragraph (a) will be used for an agricultural or other permitted use, and
(d) any rural land not required for extraction of mineral resources or an operational buffer will be consolidated with other adjoining agricultural land, wherever possible.
The objective of the zone is to maintain land for certain community facilities and services.
Exempt development and development for the purpose of the following may be carried out without development consent—
• approved bush fire hazard reduction; home businesses; home occupations; removal of environmental weeds.
Development for the purpose of the following may be carried out only with development consent—
• clearing of land; drainage of land; filling; educational establishments; utility installations (other than gas holders or generating works).
Any development not included in subclause (2) or (3) is prohibited.
The objective of the zone is to maintain land for railway purposes.
Exempt development and development for the purpose of the following may be carried out without development consent—
• approved bush fire hazard reduction; home businesses; home occupations; removal of environmental weeds.
Development for the purpose of the following may be carried out only with development consent—
• clearing of land; drainage of land; filling; railway uses (other than advertisements, except at railway stations); utility installations (other than gas holders or generating works).
Any development not included in subclause (2) or (3) is prohibited.
The objective of the zone is to make identified land available for either active or passive recreational pursuits by the general public.
Exempt development and development for the purpose of the following may be carried out without development consent—
• approved bush fire hazard reduction; removal of environmental weeds.
Development for the purpose of the following may be carried out only with development consent—
• advertisements displaying the purpose for which the land is used; clearing of land; drainage of land; filling.
Any development not included in subclause (2) or (3) is prohibited.
The primary objectives of the zone are—
(a) to protect and enhance native vegetation, riparian and wildlife corridors or links for the conservation of native wildlife, and
(b) to encourage habitat restoration on cleared land in the zone and rehabilitation activities that enhance the biodiversity values of the escarpment, foothills, riparian corridors, wetlands and wildlife corridors or links, and
(c) to minimise the impact of development on the ecological and scenic attributes of land in the zone, including—
(i) water quality of receiving streams, and
(ii) Aboriginal cultural values and places of importance to the Aboriginal peoples of the Illawarra, and
(iii) the ecological and biodiversity values of the land, and
(d) to minimise the visual impact of development on landscape character, and
(e) to minimise clearing of native vegetation for bush fire hazard reduction.
The secondary objectives of the zone are—
(a) to allow for the development of uses that are ancillary to and directly related to nature conservation, scenic amenity and Aboriginal cultural heritage, and
(b) to ensure that relevant natural and human-induced hazards, including bush fire hazard, are considered and adequately addressed in the use and management of the land.
Exempt development and development for the purpose of the following may be carried out without development consent—
• approved bush fire hazard reduction; removal of environmental weeds.
Subdivision to create lots 40 hectares or greater in size and development for the purpose of the following may be carried out only with development consent—
• agriculture; attached dual occupancies; bed and breakfast accommodation; bush food plantations; clearing of land; drainage of land; eco-tourism facilities; farm dams; farm sheds; farm stay establishments; filling; home businesses; home occupations; houses on lots with an area of 40 hectares or more; identification signs; local roads; public utility undertakings; sanctuaries; telecommunications facilities; telecommunications networks; tourist cabins.
Any development not included in subclause (2) or (3) is prohibited.
Consent for the subdivision of land in the 7 (n) Nature Conservation Zone may be granted only if the consent authority is satisfied that—
(a) the land is intended and likely to be used for development that is permissible under this plan and is consistent with the ecologically sustainable development goals and objectives of this plan, and
(b) each proposed lot has an area greater than or equal to 40 hectares, and
(c) to the fullest extent possible or practical, allotment boundaries will follow catchment, topographical or other natural features so as to facilitate long-term biodiversity conservation management and implementation of the principles of ecologically sustainable development.
Before granting consent for the subdivision of land in the 7 (n) Nature Conservation Zone, the consent authority must have regard to the following—
(a) a property management plan, if the land is wholly or partly within an area of high conservation value,
(b) the ability to site a house and any associated buildings on the land,
(c) the capacity and sustainability of the land to accept effluent disposal on each new allotment,
(d) the cumulative impact of development including clearing and fencing, effluent disposal, rural pursuits and bush fire hazard reduction on the land and locality,
(e) the impact of likely future development of the land and any associated clearing of the land on the biodiversity attributes of the land and surrounding area, including the conservation priority rating of the vegetation community and any wildlife corridors or links or riparian corridors,
(f) vehicular access to the site, including access for emergency and fire fighting vehicles,
(g) the impact on water usage from watercourses and environmental flows where new allotments will have riparian rights under the Water Management Act 2000,
(h) minimising impacts on wildlife corridors or links and riparian corridors and, in particular, how the subdivision lot layout can minimise the fragmentation of those corridors and links into different ownerships,
(i) the impact on native habitat and the possibility for environmental conservation works to enhance the native habitat or wildlife and riparian corridor value of the land,
(j) the environmental and visual impacts of providing services to the new allotment,
(k) the slope and stability of the land,
(l) the environmental impacts associated with any bush fire hazard reduction works that will result from the development.
Before granting consent for development on land in the 7 (n) Nature Conservation Zone for the purpose of a house or other building, the consent authority must have regard to the following—
(a) the impact of the development and any associated clearing of the land on the biodiversity attributes of the land and surrounding area, including the conservation priority rating of the vegetation community and identified wildlife or riparian corridors,
(b) the cumulative impact of development, including clearing and fencing, effluent disposal, rural pursuits and bush fire hazard reduction on the land and in the locality,
(c) vehicular access to the site, including access for emergency and fire fighting vehicles,
(d) environmental impacts associated with any bush fire hazard reduction works that will result from the development,
(e) topographic features of the land, including slope and instability,
(f) environmental and visual impacts of providing services to any house,
(g) the ability to dispose of effluent without adversely impacting on the water quality of nearby streams,
(h) the ability to site a house on the land, if proposed, and the impact of the house and any associated buildings, and of the provision of services to it, on the visual landscape character,
(i) the impact of the development on native habitat and the possibility for environmental conservation works to enhance the native habitat or wildlife and riparian corridor value of the land.
The height of any building erected on land in the 7 (n) Nature Conservation Zone must not exceed 8 metres above natural ground level when measured vertically between any part of the building and the natural ground level directly below.
The objective of the zone is to protect and enhance wetland areas, the natural hydrology of their ecosystems and the important habitats for species of wetland flora and fauna that they provide.
Approved bush fire hazard reduction.
Development for the purpose of the following may be carried out only with development consent—
• aids to marine navigation; utility installations (other than gas holders or generating works); wetland improvement.
Any development not included in subclause (2) or (3) is prohibited.
The objectives of the zone are—
(a) to identify land reserved for main or arterial roads for the purpose of its acquisition, and
(b) to allow use of that land for the purpose of roads.
Development for the purpose of the following may be carried out without development consent—
• main or arterial roads; removal of environmental weeds; widening of existing main or arterial roads.
Development for the purpose of the following may be carried out only with development consent—
• clearing of land; drainage of land; extractive industries; filling; mineral sand mines; telecommunications facilities; telecommunications networks; utility installations (other than gas holders and generating works).
Any development not included in subclause (2) or (3) is prohibited.
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 the 9 (b) Arterial Roads Reservation Zone may, by notice in writing, require the Roads and Traffic Authority (the
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, development may be carried out, but only with development consent, on land within the 9 (b) Arterial Roads Reservation Zone (whether or not it has been acquired) if the development may be carried out (with or without consent) on land in an adjoining zone or if the development is compatible with any such development.
In granting any such consent, the consent authority 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 material or refuse.
(c) (Repealed)
(Repealed)
The primary objective of the zone is to identify road reservations that will be needed in the future.
The secondary objective is to permit the use of land reserved for roads while it is not required for local roads.
Development for the purpose of the following may be carried out without development consent—
• local roads; removal of environmental weeds; widening of local existing roads.
Development for the purpose of the following may be carried out only with development consent—
• clearing of land; drainage of land; filling; telecommunications facilities; telecommunications networks; utility installations (other than gas holders and generating works); wetland improvement.
Any development not included in subclause (2) or (3) is prohibited.
The owner of land in the 9 (c) Local Roads Reservation Zone 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, development may be carried out, but only with development consent, on land within the 9 (c) Local Roads Reservation Zone if the development may be carried out (with or without consent) on land in an adjoining zone or if the development is compatible with any such development.
In granting such a consent, the consent authority may impose 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 material or refuse.
The environmental management objectives of this clause are—
(a) to require certain environmental issues to be considered before development is carried out on land within an area of high conservation value, and
(b) to retain bushland in parcels of a size and configuration which will, as far as possible, enable the native flora and fauna species and communities to survive in the long term, and
(c) to maintain and, where appropriate, revegetate habitat corridors between remnant areas of bushland, and
(d) to ensure that any development adjacent to, adjoining or within a watercourse or wetland does not adversely impact on water quality, the natural hydrological regime or habitat value, and
(e) to ensure that any development adjacent to, adjoining or within a riparian corridor conserves or enhances the aquatic and native vegetation of the riparian corridor, and
(f) to protect bushland and existing landforms for their scenic values, and
(g) to retain the unique visual identity of the landscape.
A person shall not carry out development, including the clearing of land, in an area of high conservation value except with development consent.
Before granting consent for development of land allowed to be carried out with consent by Part 2, the consent authority must consider the following—
(a) the impact of the proposal on the habitat value of vegetation within riparian corridors and wildlife corridors or links,
(b) the potential for undertaking environmental conservation works to enhance the biodiversity values of the land, including the potential for rehabilitation works of degraded habitats or breaks in riparian corridors or wildlife corridors or links,
(c) whether the design and construction of any proposed fencing minimises possible limitation of fauna movement,
(d) whether provision has been made for the planting of appropriate native plant species on the land where the planting would visually screen the development or contribute to the restoration or enhancement of riparian and wildlife corridors or links.
Consent must not be granted to development of land in an area of high conservation value unless the consent authority is satisfied that—
(a) the development has been designed to minimise disturbance to native vegetation communities, and
(b) opportunities to restore or enhance the biodiversity values of the land, including riparian corridors and wildlife corridors or links, have been considered.
The consent authority may decline to consent to development of land in an area of high conservation value until it has considered a site plan of an appropriate scale clearly and accurately showing the boundary of any vegetation edge and stands of remnant vegetation on the subject land to enable it to properly assess the impact of the proposed development on that vegetation and the biodiversity it supports.
The environmental management objectives of this clause are to ensure that the development of land has minimal impact on the biodiversity of native vegetation and to encourage environmental conservation works to enhance wildlife corridors or links and remnant stands of vegetation within the rural area.
A person must not clear land except with development consent.
Despite subclause (2), a person may clear land without development consent if the clearing comprises a maximum of 7 trees per annum from a property for farm management and fencing purposes.
Consent must not be granted to clearing of vegetation on land in a rural zone unless the consent authority has taken into consideration the following—
(a) the impact of the proposed development on the movement of native fauna,
(b) the impact of the proposed development on any regionally or locally rare communities, populations, species or ecologically significant habitats,
(c) the potential for undertaking environmental conservation works to enhance the biodiversity values of the land,
(d) the impact of the proposed development on any endangered or vulnerable species, populations or ecological communities and their habitats.
Consent must not be granted for clearing unless the consent authority is satisfied that—
(a) there is no reasonable alternative to the removal of the vegetation to be cleared, and
(b) the proposed development will not have an unacceptable visual impact on the scenic quality of the area, and
(c) the amount of the vegetation proposed to be removed is minimal, and
(d) opportunities for planting local native plant species elsewhere on the land have been considered, and
(e) the proposed development will not threaten the integrity of any unbroken natural tree canopy cover or create smaller discrete parcels of vegetation from an existing stand.
The environmental management objective of this clause is to ensure that development carried out on land adjoining a stream, creek or river—
(a) conserves or enhances the aquatic and remnant native vegetation within the riparian corridor, and
(b) has minimal impact on the natural hydrological regime and potential fish habitat of the watercourse.
A person must not carry out development for the purpose of earthworks, drainage, dams or land filling without development consent if the development—
(a) will raise or lower the ground level by 50 centimetres or more, through filling or reshaping the existing ground level, or
(b) is carried out within 40 metres of the high bank of a watercourse or edge of a wetland, or
(c) involves land forming or filling over natural drainage lines, or
(d) in the opinion of the consent authority, affects the flow of water across property boundaries or risks the degradation of land, riparian corridors or wetlands.
Consent must not be granted for the carrying out of earthworks, drainage, dams, land forming or filling, unless the consent authority has made an assessment of the following—
(a) whether the land is flood liable land,
(b) the likely effect of flooding or surface runoff on adjoining land or other land in the locality, as a result of the proposed land forming, filling or use of the land,
(c) the risk of soil erosion and other land degradation,
(d) any likely loss of, or impact on, vegetation, wildlife or riparian corridors, including threatened species,
(e) the need for drainage easements and arrangements made with adjoining property owners to secure such easements,
(f) the impact on environmental flows that maintain natural watercourses,
(g) the impact of drainage discharges on the environment, including their effect on water quality and fish habitat as well as any obstruction to fish passage within an existing water course.
The environmental management objectives of this clause are to minimise bush fire risk to built assets and people as well as to reduce bush fire threat to ecological assets.
Before granting consent to development on land that is bush fire prone land, the consent authority must take into account—
(a) whether the development is likely to have a significant adverse effect on the implementation of any strategies for bush fire control and fuel management outlined in the adopted Bush Fire Risk Management Plan, and
(b) whether a significant threat to the lives of residents, visitors or emergency services personnel may be created or increased as a result of the development, and
(c) whether the increased demand for emergency services during bush fire events increased by the development would lead to a significant decrease in the ability of the emergency services to effectively control major bush fires, and
(d) the measures proposed to avoid or mitigate the threat from bush fire, including—
(i) the siting of the development, and
(ii) the design of structures and combustible nature of materials used, and
(iii) the provision of an asset protection zone on the land, and
(iv) the provision of a two-way access that links the road and fire trail network, and
(v) adequate access around buildings and manoeuvring areas on site for fire fighting vehicles, and
(vi) adequate water supply for fire fighting purposes, and
(e) whether any such proposed measures meet the performance requirements of Planning for Bush Fire Protection, available from the Council, and the nature of any variations from those requirements, and
(f) the environmental and visual impacts of the clearing of vegetation for hazard reduction activities, including the conservation priority rating of the vegetation community and any wildlife corridors or links or riparian corridors.
The ecologically sustainable development objectives of this clause are—
(a) to regulate development of the flood plain so as to minimise the hazard to built assets and people, and
(b) to allow for the natural functioning of the flood plain.
Before granting consent for development on flood liable land, or on land the consent authority considers to be potentially flood liable, the consent authority must make an assessment of the following—
(a) the likely levels, velocity, sedimentation and debris-carrying effects of flooding,
(b) the structural sufficiency of any building the subject of the application and its ability to withstand flooding,
(c) the effect that the development, if carried out, will or is likely to have on the flow characteristics of floodwaters,
(d) whether or not access to the site will be possible during a flood,
(e) the likely increased demand for assistance from emergency services during a flood,
(f) the cumulative impact of development on flooding within the area,
(g) the possible effects on the development of floods in excess of the flood planning level and the significance of the risk to development posed by such floods.
Before granting consent to the erection of a building or the carrying out of a work on land that is known to the consent authority to be subject to flooding, the consent authority must be satisfied that the proposed development will not—
(a) risk the safety of the community or future occupants, or
(b) increase the community burden from flooding, including flood damage.
Conditions may be imposed on such a consent that set floor levels, require filling, structural changes or other measures to mitigate the effects of flooding or otherwise assist in emergency situations.
The ecologically sustainable development objectives of this clause are to prevent or minimise the environmental consequences caused by the exposure of potentially acid sulfate soils.
Notwithstanding Part 2, a person must not, without development consent, carry out works described in the following table on land of the class specified for those works, except as provided by subclause (4).
Class of land as shown on Acid Sulfate Soils Planning Maps | Works |
1 | Any works |
2 | Works below the natural ground surface Works by which the watertable is likely to be lowered |
3 | Works beyond 1 metre below the natural ground surface Works by which the watertable is likely to be lowered beyond 1 metre below the natural ground surface |
4 | Works beyond 2 metres below the natural ground surface Works by which the watertable is likely to be lowered beyond 2 metres below the natural ground surface |
5 | Works, within 500 metres of adjacent Class 1, 2, 3 or 4 land, which are likely to lower the watertable below 1 metre AHD on adjacent Class 1, 2, 3 or 4 land |
For the purposes of the table to subclause (2),
(a) any disturbance of more than one tonne of soil (such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial water bodies (including canals, dams and detention basins) or foundations, or flood mitigation works), or
(b) any other works that are likely to lower the watertable.
This clause does not require consent for the carrying out of those works if—
(a) a copy of a preliminary assessment of the proposed works undertaken in accordance with the Acid Sulfate Soils Assessment Guidelines has been given to the Council, and
(b) the Council has provided written advice to the person proposing to carry out the proposed works confirming that the results of the preliminary assessment indicate the proposed works need not be carried out pursuant to an acid sulfate soils management plan prepared in accordance with the Acid Sulfate Soils Assessment Guidelines.
A consent required by this clause must not be granted unless the consent authority has considered—
(a) the adequacy of an acid sulfate soils management plan prepared for the proposed development in accordance with the Acid Sulfate Soils Assessment Guidelines, and
(b) the likelihood of the proposed development resulting in the discharge of acid water, and
(c) (Repealed)
The clause requires consent for development to be carried out by councils, county councils or drainage unions despite—
(a) clause 35 of, and clauses 2 and 11 of Schedule 1 to, the Environmental Planning and Assessment Model Provisions 1980, as adopted by this plan, and
(b) (Repealed)
The ecologically sustainable development objectives of this clause are to ensure—
(a) that the visual character and quality of the landscape are assessed before consent is granted for development, and
(b) that the visual impacts of proposed development are minimised.
Before granting consent for development involving the carrying out of any works or building construction, within the rural zones, the consent authority must have regard to the likely visual impacts of carrying out the proposal, including the visual impacts of ancillary uses like driveways and fencing and of the provision of electricity and other services to the site of the development.
In assessing visual impacts, consideration must be given to the following—
(a) important visual features and the landscape character of the site and surrounding land,
(b) minimising the visual impact of the proposal on views from public areas, including public roads,
(c) siting buildings below visually prominent ridgelines,
(d) reducing the visual impact of driveways and the provision of services to the development,
(e) reducing the visual impact of proposed buildings by ensuring that external finishes are non-reflective and of a colour that blends in with the surroundings,
(f) ensuring fencing and building styles are compatible with the visual character of the area.
The ecologically sustainable development objectives in relation to heritage are as follows—
(a) to conserve the environmental heritage of the rural area of the City of Shellharbour,
(b) to conserve the existing significant fabric, setting, relics and views associated with the heritage significance of heritage items and heritage conservation areas,
(c) to ensure that archaeological sites and Aboriginal places which have cultural heritage significance are protected.
Consent may be granted to the use, for any purpose, of a building that is a heritage item or of the land on which such a building is erected, even though the use would otherwise be prohibited by this plan, if—
(a) the consent authority is satisfied that the retention of the heritage item depends on the granting of consent, and
(b) the proposed use is in accordance with a conservation management plan which has been endorsed by the consent authority, and
(c) the granting of consent to the proposed use would ensure that all necessary conservation work identified in the conservation management plan is carried out, and
(d) the proposed use would not adversely affect the heritage significance of the item or its setting, and
(e) the proposed use would not adversely affect the amenity of the surrounding area otherwise than to an insignificant extent.
When considering an application for consent to erect a building on land on which a building that is a heritage item is located, the consent authority may, for the purpose of determining—
(a) the floor space ratio, and
(b) the number of parking spaces to be provided on the site,
exclude the floor space of the heritage item from its calculation of the floor space of the buildings erected on the land, but only if the consent authority is satisfied that the conservation of the heritage item depends on it making the exclusion.
The following development may be carried out only with development consent—
(a) demolishing, damaging or moving a heritage item or a building, work or relic within a heritage conservation area,
(b) altering a heritage item, or a building, work or relic within a heritage conservation area by making structural or non-structural changes to its exterior, such as to its detail, fabric, finish or appearance,
(c) altering a heritage item by making structural changes to its interior,
(d) 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 being discovered, exposed, moved, damaged or destroyed,
(e) moving the whole or 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.
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 or archaeological site 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 development consent is not required by this clause or otherwise by this plan.
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.
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 assessment must include consideration of a heritage impact statement that addresses at least the issues referred to in subclause (5) (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 proposal should be assessed with regard to such a plan.
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 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 or potential archaeological site would be adversely affected by the proposed development, and
(v) the extent to which the carrying out of the proposed development would affect any historic subdivision pattern, and
(b) for development that would be carried out in a heritage conservation area—
(i) the heritage significance of the heritage conservation area and the contribution which any building, work or relic affected by the proposed development makes to this heritage significance, and
(ii) the impact that the proposed development would have on the heritage significance of the heritage conservation area, and
(iii) the compatibility of any proposed development with nearby original buildings and the character of the heritage conservation area, taking into account the size, form, scale, orientation, setbacks, materials and detailing of the proposed development, and
(iv) the measures proposed to conserve the significance of the heritage conservation area and its setting, and
(v) whether any landscape or horticultural features which contribute to the heritage significance of the area would be affected by the proposed development, and
(vi) whether any archaeological site or potential archaeological site would be affected by the proposed development, and
(vii) the extent to which the carrying out of the proposed development in accordance with the consent would affect any historic subdivision pattern, and
(viii) the issues raised by any submission received in relation to the proposed development in response to the notification or advertising of the application.
Before granting consent for the erection of a building within a heritage conservation area, the consent authority must be satisfied that the features and location of the proposed building will be compatible with the heritage significance of the heritage conservation area.
In satisfying itself about those features, the consent authority must have regard to at least the following (but is not to be limited to having regard to those features)—
(a) the pitch and form of the roof,
(b) the style, size, proportion and position of the openings for windows or doors,
(c) the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building.
(Repealed)
Before granting consent for development that is likely to have an impact on a place of Aboriginal heritage significance, or a potential place of Aboriginal heritage significance, or that will be carried out on an Aboriginal archaeological site, or potential Aboriginal archaeological site or a relic that has Aboriginal heritage significance, the consent authority must—
(a) consider a heritage impact statement explaining how the proposed development would affect the conservation of the place or site and any relic known or reasonably likely to be located at the place or site, and
(b) except where the proposed development is integrated development, notify the local Aboriginal communities (in such a way as it thinks appropriate) of its intention to do so and take into consideration any comments received in response within 21 days after the relevant notice was sent.
Before granting consent for development on, or in the vicinity of, an Aboriginal place or archaeological site, the consent authority must consider—
(a) the archaeological and scientific significance of the place or site, and
(b) the potential impact of the development on the known Aboriginal cultural values of the place or site, and
(c) connectivity between individual places or archaeological sites that may represent a network of past Aboriginal activity across the landscape, and
(d) management issues, including monitoring and controlled access to the place or site, and
(e) any study or plan of management for the Aboriginal place or site, and
(f) the likely impact of any development during and after any proposed construction works, and
(g) any mitigation works to protect the heritage values of the place or site.
Before granting consent for development that will be carried out on an archaeological site or a potential archaeological site of a relic that has non-Aboriginal heritage significance (whether or not it is, or has the potential to be, also a site of a relic of Aboriginal heritage significance) the consent authority must—
(a) consider a heritage impact statement explaining how the proposed development will affect the conservation of the site and any relic known or reasonably likely to be located at the site, and
(b) be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.
This clause does not apply if the proposed development—
(a) does not involve disturbance of below-ground deposits and the consent authority is of the opinion that the heritage significance of any above-ground relics would not be adversely affected by the proposed development, or
(b) is integrated development.
Before granting consent to development in the vicinity of a heritage item, the consent authority must assess the impact of the proposed development on the heritage significance of the heritage item and of any heritage conservation area within which it is situated.
This clause extends to development—
(a) that may have an impact on the setting of a heritage item, for example, by affecting a significant view to or from the item or by overshadowing, or
(b) that may undermine or otherwise cause physical damage to a heritage item, or
(c) that will otherwise have any adverse impact on the heritage significance of a heritage item or of any heritage conservation area within which it is situated.
The consent authority may refuse to grant any such consent unless it has considered a heritage impact statement that will help it assess the impact of the proposed development on the heritage significance, visual curtilage and setting of the heritage item.
The heritage impact statement should include details of the size, shape, and scale of, setbacks for, and the materials to be used in, any proposed building or works and details of any modification that would reduce the impact of the proposed development on the heritage significance of the heritage item.
Consent is not required to carry out development for the purpose of agriculture on any land if the development could be carried out with consent in the absence of this clause and is carried out in accordance with a property management plan that has been approved for the land by the Council.
Before approving a property management plan for any land, the Council must take into consideration the objectives of the zone in which the land is situated and may decline to approve the plan unless it has been altered to make it consistent with any of those objectives to the satisfaction of the Council.
The ecologically sustainable development objective of this clause is to encourage ecologically sustainable intensive agriculture undertaken in an environmentally sensitive manner and having minimal impact on both the amenity of adjoining property owners and the environment.
Consent must not be granted to development for the purpose of intensive agriculture on any site unless the consent authority has had regard to the following—
(a) the potential for odours to adversely impact on the amenity of residences and other land uses within the vicinity of the site,
(b) the potential for the pollution of surface water and ground water and, if the proposal may have an adverse impact on water quality, any water quality monitoring,
(c) the ability for all adverse environmental impacts associated with the intensive agriculture to be contained within the site,
(d) measures to mitigate potential adverse environmental impacts,
(e) measures for the health and welfare of animals, including how any relevant industry codes of practice for the health and welfare of animals can be enforced.
This clause applies to Lot 1, DP 996926, Moss Vale Road, Albion Park.
Land to which this clause applies may be subdivided only with development consent and only if—
(a) each lot to be created will have an area of at least 12 hectares, and
(b) the consent authority is satisfied that each of those lots will be used for a horticultural use.
The ecologically sustainable development objective of this clause is to encourage bush food plantation farming in an environmentally sensitive manner which utilises native plant species on existing lawfully cleared areas.
Consent must not be granted to development for the purposes of bush food plantation unless the consent authority is satisfied that—
(a) any trees to be planted will be planted on lawfully cleared land and will be of native species, and
(b) the plantation will be required to be managed in accordance with a comprehensive plan of management that promotes ecologically sustainable development, and
(c) an access road is already available to the site of the proposed development or can be provided without adversely affecting other stands of existing native forest or causing unacceptable adverse environmental impact, and
(d) the harvesting of bush food will be carried out in an environmentally sensitive manner, and
(e) any bush fire hazard reduction areas will be confined to identified parts of the plantation site at its inception and will not involve existing vegetated areas.
Consent must not be granted for the erection of an eco-tourism facility unless the consent authority is satisfied that the facility will be managed in an ecologically sustainable way to ensure that the facility and associated activities do not adversely impact on the environment or intentionally disturb wildlife or its habitat.
The ecologically sustainable development objective of this clause is to ensure safe and efficient transport and vehicle use of main roads.
Consent must not be granted to the carrying out of development on land with frontage to a main road unless—
(a) access to that land is provided by a road other than the main road wherever practicable, and
(b) in the opinion of the consent authority, the safety and efficiency of traffic on the main road will not be adversely affected by—
(i) the design of the access to the site of the proposed development, or
(ii) the nature, volume or frequency of vehicles using the main road to gain access to the site of the proposed development.
The ecologically sustainable development objective of this clause is to encourage telecommunications facilities and networks—
(a) to be provided in a manner that makes efficient use of existing infrastructure and services, and
(b) to be designed and located in such a way as to avoid and minimise impacts on the environment and amenity of the area in which the facilities or network are to be located, including the siting of those facilities.
Before granting consent to development for the purposes of telecommunications facilities or telecommunications networks, the consent authority must have regard to the following—
(a) whether the telecommunications facilities or telecommunications networks have been designed, and will be installed and operated, to comply with standards relating to human exposure to electromagnetic energy appearing in any applicable code or standard made under any applicable law of the Commonwealth,
(b) whether the telecommunications lines will be located within existing underground conduits or ducts and whether antennae (and similar structures) are to be attached to existing utility poles, towers, structures or buildings so as to minimise visual clutter,
(c) a site analysis showing site boundaries and dimensions, existing vegetation, location of existing buildings, views to and from the site and the location of sensitive land uses within the exposure area, together with a written statement explaining how the design of the telecommunications facilities or telecommunications networks has responded to the site analysis.
This clause applies to land to the north of Albion Park that is adjacent to the western extension of Tripoli Way as shown on the zoning map.
Before granting consent for development on land to which this clause applies, the consent authority must have regard to the following—
(a) the impact of additional access points to the transport route,
(b) any means that are available to control or regulate the number of those access points,
(c) any adverse impacts on the amenity of existing and future residents caused by the projected traffic volumes and associated traffic noise.
Development for the purpose of roadside stalls is prohibited on land that is not adjacent to a local road.
Before granting consent for a roadside stall, the consent authority must have regard to the following—
(a) the ability for at least two cars to pull off the road pavement for the purpose of their occupants visiting the roadside stall,
(b) the safety of the travelling public,
(c) adequate sight distances for vehicles travelling along the road and entering and leaving the site,
(d) the size and number of any signs used to alert the travelling public to the presence of the roadside stall.
Despite any other provision of this plan, consent must not be granted to development on land affected by restrictions as indicated in the plan titled Airport Height Limitation and Noise Exposure Forecast Plan dated 17 April 1998 and held in the office of the Council unless—
(a) the consent authority is satisfied that the proposal is acceptable in relation to building height, noise exposure, lighting and bird hazard management, and
(b) where a proposal does not comply with that plan, the Civil Aviation Safety Authority has been given notice of the proposal and any comments made by it to the consent authority within 28 days of its being notified have been taken into consideration by the consent authority.
This clause applies to land identified as Lots 2–30, DP 285417, Swamp Road, Dunmore, and known as the “Dunmore Lakes Estate”.
Each lot referred to in subclause (1) may, with development consent, have a house erected on it.
Consent must not be granted for the erection of a house on an allotment created by a subdivision—
(a) for which consent was not granted, or
(b) that was not consented to or approved by the Council.
This clause applies to the land identified in Schedule 3.
Notwithstanding any other provision of this plan, one house may be erected on each parcel of land identified in Schedule 3 with development consent but, in the case of the land comprised in Lot 2, DP 508735 at Albion Park, only if a strip of the land 30 metres wide along the Macquarie Rivulet frontage of the land is dedicated in favour of the Council for public open space.
Subclause (2) does not affect the operation of any other provision of this plan (such as a development standard) that is consistent with allowing that development to be carried out.
The objectives of this clause are as follows—
(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.
Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant for development consent has demonstrated that—
(a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and
(b) there are sufficient environmental planning grounds to justify the contravention of the development standard.
The Environmental Planning and Assessment Regulation 2021 requires the development application to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).
The consent authority must keep a record of its assessment carried out under subclause (3).
(Repealed)
Development consent must not be granted under this clause for a subdivision of land in Zone 1 (a) Agriculture Zone, Zone 1 (rl) Rural Landscape Zone, Zone 7 (n) Nature Conservation Zone or Zone 7 (w) Wetlands Zone if—
(a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or
(b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.
(Repealed)
This clause does not allow development consent to be granted for development that would contravene any of the following—
(a) a development standard for complying development,
(b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated.
Land to which this plan applies may be subdivided, but only with development consent.
If a subdivision is specified as
Part 6 of State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is
The demolition of a building or work may be carried out only with development consent.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
Despite any other provision of this plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.
Development consent must not be granted unless the consent authority is satisfied that—
(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this plan and any other applicable environmental planning instrument, and
(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.
(a) the majority of the business is carried on away from the house, with the house and its outbuildings and curtilage being used primarily as a base or office, and
(b) the business will not—
(i) interfere with the amenity of the neighbourhood by reason of traffic generation, noise or otherwise, or
(ii) involve the exposure to view from any adjacent premises or from any public place of any goods associated with the business or any unsightly matter, or
(iii) involve the parking of heavy vehicles either on or adjacent to the property, or
(iv) involve the employment of persons other than the permanent residents of the house at the base or office, and
(c) the house continues to be used for permanent residential occupation by the person carrying on the business.
(a) the dominant use of the allotment remains that for which the land is zoned, and
(b) the floor space of the building or the area used for the occupation or industry does not exceed 50 square metres and is located within the curtilage of the house, and
(c) the occupation or industry does not—
(i) interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste material, grit or oil, or otherwise, or
(ii) involve exposure to view from any adjacent premises or from any public place of any unsightly matter or any goods, or
(iii) require the provision of any essential service main of a greater capacity than that available in the locality, or
(iv) involve the exhibition of any notice, advertisement or sign other than a single notice to indicate the name, occupation and contact number of the resident, or
(v) employ more than one person who is not a permanent resident of the house, or
(vi) involve the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail.
(a) any manufacturing process, 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) use of an intensive agriculture establishment for the purpose of agriculture, or
(b) intensive plant growing.
(a) poultry farming, and
(b) commercial horse training, stabling and breeding and riding schools, and
(c) dog and cat boarding, breeding and training, and
(d) cattle feedlots, and
(e) pig farming, and
(f) worm farming.
(a) hydroponics, and
(b) crop protection, and
(c) market gardening, and
(d) orcharding, and
(e) field flowers, and
(f) vineyards, and
(g) turf farming,
but does not include the growing of plants for the consumption or enjoyment of the owner or occupier of the land.
(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.
Such places may include natural features such as creeks, ridges or other topographic features of long standing cultural significance as well as initiation, ceremonial, story places or areas of more contemporary cultural significance.
(a) fencing riparian corridors to regulate stock access points, or
(b) planting native species, or
(c) fencing of remnant vegetation to exclude stock and encourage re-growth, or
(d) environmental weed management, or
(e) bush fire hazard reduction works for fuel or ecosystem management purposes.
(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.
(a) a children’s playground, or
(b) an area used for informal outdoor recreation activities,
that is made available to the general public without cost.
(a) any deposit, object or material evidence (which may consist of human remains) that is more than 50 years old relating to the use or settlement, not being Aboriginal habitation, of the Shellharbour City local government area, or
(b) any deposit, object or material evidence (which may consist of human remains) of any age relating to Aboriginal habitation of the Shellharbour City local government area.
(a) within 40 metres, measured from the top of the bank of a stream, river or watercourse, or the edge of a wetland, comprising or adjacent to Marshall Mount Creek, Macquarie Rivulet or the Minnamurra River, and
(b) shown coloured beige on the Areas of High Conservation Value Map.
(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. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.
(a) any substance (whether solid, liquid or gaseous) that is discharged, emitted or deposited in the environment in such volume, consistency 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 purpose of the Protection of the Environment Operations Act 1997 by the regulations made under that Act.
A substance is not precluded from being waste material merely because it can be reprocessed, re-used or recycled.
The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.
• Shellharbour Rural Local Environmental Plan 2004 (Amendment No 1)—Sheet 2
Shellharbour Rural Local Environmental Plan 2004 published in Gazette No 198 of 10.12.2004, p 9016 and amended as follows—
(198) | Shellharbour Rural Local Environmental Plan 2004 (Amendment No 1). GG No 61 of 27.5.2005, p 1859. Date of commencement, on gazettal. | |
(574) | Shellharbour Rural Local Environmental Plan 2004 (Amendment No 2). GG No 116 of 16.9.2005, p 7497. Date of commencement, on gazettal. | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2007. Assented to 7.12.2007. Date of commencement of Sch 3, assent, sec 2 (2). | |
(641) | State Environmental Planning Policy (Infrastructure) 2007. GG No 185 of 21.12.2007, p 10003. Date of commencement, 1.1.2008, cl 3. | |
(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. | |
No 56 | Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009. Date of commencement of Sch 2.58, 17.7.2009, sec 2 (2). | |
(631) | State Environmental Planning Policy (Major Development) Amendment (Transfer of Planning Controls) 2010. LW 12.11.2010. Date of commencement, on publication on LW, cl 2. | |
(103) | State Environmental Planning Policy (Standard Instrument References) Amendment 2011. LW 25.2.2011. Date of commencement, 25.2.2011, cl 2. | |
(621) | State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019. Date of commencement of Sch 2.15, 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. | |
(69) | State Environmental Planning Policy Amendment (Planning for Bush Fire Protection) 2020. LW 28.2.2020. Date of commencement, 1.3.2020, 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. | |
(72) | State Environmental Planning Policy Amendment (Miscellaneous) 2022. LW 4.3.2022. 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. | |
(83) | State Environmental Planning Policy Amendment (National Construction Code) 2023. LW 24.2.2023. Date of commencement, 1.5.2023, 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. | |
(554) | State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023. LW 29.9.2023. Date of commencement, 1.10.2023, sec 2. |
Cl 3 | Am 2020 (724), Sch 2[1]. |
Cl 8 | Am 2019 (659), Sch 1.24[1]. |
Cl 11 | Am 2005 (574), Sch 1 [1]–[3]. |
Cl 15 | Am 2020 (69), Sch 1.8[1]; 2023 (524), Sch 1.1[2]. |
Cl 23A | Ins 2005 (198), Sch 1 [1]. |
Cl 33 | Am 2008 (571), Sch 3.159 [1]–[3]; 2021 (716), Sch 1.22[1] [2]. |
Cl 39 | Am 2007 No 82, Sch 3.21 [1]; 2020 (69), Sch 1.8[2]; 2023 (83), Sch 1.5[1]. |
Cl 41 | Am 2007 (641), Sch 5.37; 2008 (571), Sch 3.159 [4]. |
Cl 45 | Am 2008 (571), Sch 3.159 [5]. |
Cl 47 | Rep 2021 (716), Sch 1.22[3]. |
Cl 48 | Rep 2008 (571), Sch 3.159 [6]. |
Cl 49 | Am 2008 (571), Sch 3.159 [7] [8]; 2009 No 56, Sch 2.58. |
Cl 50 | Am 2008 (571), Sch 3.159 [9]. |
Cl 64A | Ins 2019 (659), Sch 1.24[2]. Am 2023 (524), Sch 1.1[1]. |
Cll 64B–64E | Ins 2019 (659), Sch 2.24[1]. |
Cl 64F | Ins 2020 (724), Sch 3. |
Cl 64G | Ins 2022 (629), Sch 3.9[1]. |
Part 4 | Ins 2010 (631), Sch 1.5. |
Part 4, Div 1 | Ins 2010 (631), Sch 1.5. |
Cl 65 | Ins 2010 (631), Sch 1.5. Am 2019 (659), Sch 2.24[2]. |
Cl 66 | Ins 2010 (631), Sch 1.5. Am 2011 (103), Sch 1.7. |
Cll 67, 68 | Ins 2010 (631), Sch 1.5. |
Part 4, Div 2 | Ins 2010 (631), Sch 1.5. |
Cl 69 | Ins 2010 (631), Sch 1.5. |
Cl 70 | Ins 2010 (631), Sch 1.5. |
Cl 71 | Ins 2010 (631), Sch 1.5. |
Cl 72 | Ins 2010 (631), Sch 1.5. |
Cl 73 | Ins 2010 (631), Sch 1.5. Am 2022 (72), Sch 1.48. |
Cl 74 | Ins 2010 (631), Sch 1.5. |
Cl 75 | Ins 2010 (631), Sch 1.5. |
Cl 76 | Ins 2010 (631), Sch 1.5. |
Cl 77 | Ins 2010 (631), Sch 1.5. Am 2023 (524), Sch 1.1[1]. |
Cl 78 | Ins 2010 (631), Sch 1.5. |
Cl 79 | Ins 2010 (631), Sch 1.5. |
Cl 80 | Ins 2010 (631), Sch 1.5. |
Cl 81 | Ins 2010 (631), Sch 1.5. Rep 2023 (554), Sch 2.28. |
Cl 82 | Ins 2010 (631), Sch 1.5. Am 2019 (621), Sch 2.15. |
Cl 83 | Ins 2010 (631), Sch 1.5. |
Dictionary | Am 2005 (198), Sch 1 [2]; 2007 No 82, Sch 3.21 [2]; 2020 (69), Sch 1.8[2]; 2021 (716), Sch 1.22[4]; 2022 (629), Sch 3.9[2]; 2023 (83), Sch 1.5[2]. |
Maps | Am 2010 (631), Sch 1.5. |
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