Shoalhaven Local Environmental Plan 2014 (NSW)
Cl 7.28(3) of this Plan (cl 7.28(3) repeals cl 7.28 on 31.7.2030)
This Plan is Shoalhaven Local Environmental Plan 2014.
This Plan commences 14 days after it is published on the NSW legislation website.
This Plan aims to make local environmental planning provisions for land in Shoalhaven in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to encourage the proper management, development and conservation of natural and man-made resources,
(b) to facilitate the social and economic wellbeing of the community,
(c) to ensure that suitable land for beneficial and appropriate uses is made available as required,
(d) to manage appropriate and essential public services, infrastructure and amenities for Shoalhaven,
(e) to minimise the risk of harm to the community through the appropriate management of development and land use.
This Plan applies to the land identified on the Land Application Map.
Despite subclause (1), this Plan does not apply to the land identified as “Deferred matter” on the Land Application Map.
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
Notes in this Plan are provided for guidance and do not form part of this Plan.
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(Repealed)
Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
While the following local environmental plan no longer applies to the land to which this Plan applies, it continues to apply to the land identified as “Deferred matter” under clause 1.3(1A)—
• Interim Development Order No 1—Shire of Shoalhaven
• Shoalhaven Local Environmental Plan 1985
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
However, under Division 4B of Part 3 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
If a development application has been made before the commencement of Shoalhaven Local Environmental Plan 2014 (Amendment No 35) in relation to land to which that Plan applies and the application has not been finally determined before that commencement, the application must be determined as if that Plan had not commenced.
A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.
(Repealed)
This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
This clause does not affect the rights or interests of any public authority under any registered instrument.
Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
The land use zones under this Plan are as follows—
• Rural Zones RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
RU4 Primary Production Small Lots
RU5 Village
• Residential Zones R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
• Employment Zones E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
• Mixed Use Zones MU1 Mixed Use
• Special Purpose Zones SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
• Recreation Zones RE1 Public Recreation
RE2 Private Recreation
• Conservation Zones C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
• Waterway Zones W1 Natural Waterways
W2 Recreational Waterways
W3 Working Waterways
W4 Working Waterfront
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
This clause is subject to the other provisions of this Plan.
Schedule 1 sets out additional permitted uses for particular land.
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
Clause 2.6 requires consent for subdivision of land.
Part 5 contains other provisions which require consent for particular development.
Development may be carried out on unzoned land only with development consent.
In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
Land to which this Plan applies may be subdivided, but only with development consent.
If a subdivision is specified as
Part 6 of State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is
Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
The definition of
The demolition of a building or work may be carried out only with development consent.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.
Development consent must not be granted unless the consent authority is satisfied that—
(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Canal estate development is prohibited on land to which this Plan applies.
In this Plan,
(a) a constructed canal, or other waterway or waterbody, that—
(i) is inundated by surface water or groundwater movement, or
(ii) drains to a waterway or waterbody by surface water or groundwater movement, and
(b) the erection of a dwelling, and
(c) one or both of the following—
(i) the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,
(ii) excavation to create a waterway.
Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—
(a) carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and
(b) limited to the minimum reasonable size and capacity.
In this clause—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
• State Environmental Planning Policy (Housing) 2021
• State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
• State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
• State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
• State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
• State Environmental Planning Policy (Primary Production) 2021, Chapter 2
• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
• To encourage diversity in primary industry enterprises and systems appropriate for the area.
• To minimise the fragmentation and alienation of resource lands.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To conserve and maintain productive prime crop and pasture land.
• To conserve and maintain the economic potential of the land within this zone for extractive industries.
Extensive agriculture; Forestry; Home occupations
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Aquaculture; Artisan food and drink industries; Boat building and repair facilities; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Crematoria; Depots; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Educational establishments; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Flood mitigation works; Food and drink premises; Group homes; Helipads; Home-based child care; Home businesses; Home industries; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Marinas; Markets; Mooring pens; Moorings; Offensive industries; Open cut mining; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Roads; Roadside stalls; Rural industries; Rural workers’ dwellings; Tourist and visitor accommodation; Veterinary hospitals; Water recreation structures; Water supply systems
Hotel or motel accommodation; Pubs; Serviced apartments; Any other development not specified in item 2 or 3
• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
• To maintain the rural landscape character of the land.
• To provide for a range of compatible land uses, including extensive agriculture.
Extensive agriculture; Forestry; Home occupations
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Aquaculture; Artisan food and drink industries; Boat building and repair facilities; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Crematoria; Depots; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Flood mitigation works; Food and drink premises; Freight transport facilities; Funeral homes; Group homes; Hazardous industries; Helipads; Home-based child care; Home businesses; Home industries; Information and education facilities; Marinas; Markets; Mooring pens; Moorings; Offensive industries; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Roads; Roadside stalls; Rural industries; Tourist and visitor accommodation; Veterinary hospitals; Water recreation structures; Water supply systems
Hotel or motel accommodation; Pubs; Serviced apartments; Any other development not specified in item 2 or 3
• To enable development for forestry purposes.
• To enable other development that is compatible with forestry land uses.
• To encourage the recreational use of forest resources where such use is compatible with timber production.
• To recognise the role of forest resources in providing habitat corridors and in maintaining water quality.
Uses authorised under the Forestry Act 2012 or under Part 5B (Private native forestry) of the Local Land Services Act 2013
Aquaculture; Roads
Any development not specified in item 2 or 3
• To enable sustainable primary industry and other compatible land uses.
• To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
Home occupations
Agritourism; Aquaculture; Bed and breakfast accommodation; Building identification signs; Business identification signs; Cellar door premises; Community facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Extensive agriculture; Farm buildings; Farm stay accommodation; Flood mitigation works; Home-based child care; Home businesses; Home industries; Intensive plant agriculture; Landscaping material supplies; Plant nurseries; Recreation areas; Roads; Roadside stalls; Water storage facilities
Any development not specified in item 2 or 3
• To provide for a range of land uses, services and facilities that are associated with a rural village.
Home occupations
Attached dwellings; Boarding houses; Boat building and repair facilities; Boat sheds; Building identification signs; Business identification signs; Business premises; Car parks; Caravan parks; Charter and tourism boating facilities; Centre-based child care facilities; Community facilities; Depots; Dual occupancies; Dwelling houses; Entertainment facilities; Environmental facilities; Environmental protection works; Exhibition homes; Flood mitigation works; Function centres; Group homes; Helipads; Home-based child care; Home businesses; Home industries; Hostels; Industrial retail outlets; Information and education facilities; Light industries; Multi dwelling housing; Neighbourhood shops; Office premises; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential care facilities; Residential flat buildings; Respite day care centres; Retail premises; Roads; Schools; Semi-detached dwellings; Service stations; Sewerage systems; Shop top housing; Storage premises; Tank-based aquaculture; Tourist and visitor accommodation; Transport depots; Vehicle repair stations; Veterinary hospitals; Water recreation structures; Water supply systems
Farm stay accommodation; Any other development not specified in item 2 or 3
• To provide for the housing needs of the community.
• To provide for a variety of housing types and densities.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To identify land suitable for future urban expansion.
Home occupations
Attached dwellings; Boarding houses; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Emergency services facilities; Environmental protection works; Exhibition homes, Exhibition villages; Group homes; Home-based child care; Home businesses; Home industries; Hostels; Jetties; Multi dwelling housing; Neighbourhood shops; Office premises; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Registered clubs; Residential flat buildings; Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Sewerage systems; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals; Water supply systems
Farm stay accommodation; Any other development not specified in item 2 or 3
• To provide for the housing needs of the community within a low density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To provide an environment primarily for detached housing and to ensure that other development is compatible with that environment.
Home occupations
Bed and breakfast accommodation; Boarding houses; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental protection works; Exhibition homes; Flood mitigation works; Group homes; Health consulting rooms; Home-based child care; Home businesses; Home industries; Jetties; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Sewerage systems; Tank-based aquaculture; Water supply systems
Any development not specified in item 2 or 3
• To provide for the housing needs of the community within a medium density residential environment.
• To provide a variety of housing types within a medium density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To provide opportunities for development for the purposes of tourist and visitor accommodation where this does not conflict with the residential environment.
Nil
Attached dwellings; Boarding houses; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Emergency services facilities; Environmental protection works; Exhibition homes; Exhibition villages; Group homes; Home-based child care; Home businesses, Home industries; Home occupations; Hostels; Information and education facilities; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Registered clubs; Residential flat buildings; Respite day care centres; Roads; Secondary dwellings; Seniors housing; Sewerage systems; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals; Water supply systems
Farm stay accommodation; Any other development not specified in item 2 or 3
• To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.
• To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.
• To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
Home occupations
Bed and breakfast accommodation; Building identification signs; Business identification signs; Community facilities; Dual occupancies (attached); Dwelling houses; Emergency services facilities; Environmental facilities; Environmental protection works; Exhibition homes; Extensive agriculture; Group homes (transitional); Home-based child care; Home businesses; Home industries; Horticulture; Neighbourhood shops; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Roads; Secondary dwellings; Sewerage systems; Tank-based aquaculture; Water supply systems
Any development not specified in item 2 or 3
• To provide a range of retail, business and community uses that serve the needs of people who live in, work in or visit the area.
• To encourage investment in local commercial development that generates employment opportunities and economic growth.
• To enable residential development that contributes to a vibrant and active local centre and is consistent with the Council’s strategic planning for residential development in the area.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
• To ensure that development is of a scale that is compatible with the character of the surrounding residential environment.
Nil
Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Home industries; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation facilities (indoor); Respite day care centres; Service stations; Serviced apartments; Shop top housing; Tank-based aquaculture; Veterinary hospitals; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Sex services premises; Signage; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Wharf or boating facilities
• To strengthen the role of the commercial centre as the centre of business, retail, community and cultural activity.
• To encourage investment in commercial development that generates employment opportunities and economic growth.
• To encourage development that has a high level of accessibility and amenity, particularly for pedestrians.
• To enable residential development only if it is consistent with the Council’s strategic planning for residential development in the area.
• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
Nil
Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Home industries; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Mortuaries; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Vehicle repair stations; Veterinary hospitals; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Bed and breakfast accommodation; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Recreation facilities (major); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Signage; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Wharf or boating facilities
• To provide a range of facilities and services, light industries, warehouses and offices.
• To provide for land uses that are compatible with, but do not compete with, land uses in surrounding local and commercial centres.
• To maintain the economic viability of local and commercial centres by limiting certain retail and commercial activity.
• To provide for land uses that meet the needs of the community, businesses and industries but that are not suited to locations in other employment zones.
• To provide opportunities for new and emerging light industries.
• To enable other land uses that provide facilities and services to meet the day to day needs of workers, to sell goods of a large size, weight or quantity or to sell goods manufactured on-site.
• To allow diversity of activities that do not significantly conflict with the operation of existing or proposed development.
Nil
Animal boarding or training establishments; Backpackers’ accommodation; Boarding houses; Boat building and repair facilities; Building identification signs; Business identification signs; Business premises; Centre-based child care facilities; Community facilities; Depots; Function centres; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Kiosks; Landscaping material supplies; Light industries; Local distribution premises; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Rural supplies; Service stations; Serviced apartments; Shop top housing; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Wholesale supplies; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Eco-tourist facilities; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Helipads; Highway service centres; Home businesses; Home occupations; Home occupations (sex services); Home-based child care; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Registered clubs; Residential accommodation; Resource recovery facilities; Restricted premises; Retail premises; Rural industries; Sex services premises; Signage; Tourist and visitor accommodation; Transport depots; Truck depots; Waste disposal facilities; Water recreation structures; Wharf or boating facilities
• To provide a range of industrial, warehouse, logistics and related land uses.
• To ensure the efficient and viable use of land for industrial uses.
• To minimise any adverse effect of industry on other land uses.
• To encourage employment opportunities.
• To enable limited non-industrial land uses that provide facilities and services to meet the needs of businesses and workers.
• To allow a diversity of activities that do not significantly conflict with the operation of existing or proposed development.
Nil
Depots; Freight transport facilities; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Industrial retail outlets; Industrial training facilities; Kiosks; Landscaping material supplies; Light industries; Local distribution premises; Markets; Neighbourhood shops; Oyster aquaculture; Plant nurseries; Specialised retail premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Warehouse or distribution centres; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Correctional centres; Crematoria; Eco-tourist facilities; Educational establishments; Environmental facilities; Exhibition villages; Extractive industries; Farm buildings; Forestry; Function centres; Health services facilities; Heavy industries; Highway service centres; Home businesses; Home occupations; Home occupations (sex services); Home-based child care; Information and education facilities; Marinas; Mooring pens; Moorings; Office premises; Open cut mining; Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Retail premises; Sex services premises; Tourist and visitor accommodation; Water recreation structures; Wharf or boating facilities
• To encourage a diversity of business, retail, office and light industrial land uses that generate employment opportunities.
• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
Nil
Amusement centres; Attached dwellings; Boarding houses; Building identification signs; Business identification signs; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Information and education facilities; Light industries; Local distribution premises; Medical centres; Multi dwelling housing; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Recreation facilities (outdoor); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Sex services premises; Signage; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Wharf or boating facilities
• To provide for special land uses that are not provided for in other zones.
• To provide for sites with special natural characteristics that are not provided for in other zones.
• To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.
Nil
Aquaculture; Environmental protection works; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
Any development not specified in item 2 or 3
• To provide for infrastructure and related uses.
• To prevent development that is not compatible with or that may detract from the provision of infrastructure.
Nil
Aquaculture; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
Any development not specified in item 2 or 3
• To provide for a variety of tourist-oriented development and related uses.
• To enable compatible residential and recreational uses.
Nil
Aquaculture; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Charter and tourism boating facilities; Dwelling houses; Environmental facilities; Environmental protection works; Food and drink premises; Function centres; Helipads; Heliports; Information and education facilities; Kiosks; Recreation areas; Recreation facilities (indoor); Roads; Sewerage systems; Shop top housing; Tourist and visitor accommodation; Water recreation structures; Water supply systems
Any development not specified in item 2 or 3
• To enable land to be used for public open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
Nil
Agriculture; Aquaculture; Boat building and repair facilities; Boat sheds; Building identification signs; Camping grounds; Car parks; Caravan parks; Charter and tourism boating facilities; Centre-based child care facilities; Community facilities; Eco-tourist facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Function centres; Heliports; Information and education facilities; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Restaurants or cafes; Respite day care centres; Roads; Sewerage systems; Water recreation structures; Water supply systems
Agritourism; Any other development not specified in item 2 or 3
• To enable land to be used for private open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
Nil
Amusement centres; Aquaculture; Boat building and repair facilities; Boat sheds; Camping grounds; Caravan parks; Charter and tourism boating facilities; Community facilities; Eco-tourist facilities; Emergency services facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Food and drink premises; Function centres; Helipads, Heliports; Information and education facilities; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Restaurants or cafes; Roads; Sewerage systems; Signage; Tourist and visitor accommodation; Water recreation structures; Water supply systems
Any development not specified in item 2 or 3
• To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.
• To enable uses authorised under the National Parks and Wildlife Act 1974.
• To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.
Uses authorised under the National Parks and Wildlife Act 1974
Nil
Any development not specified in item 2 or 3
• To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
• To prevent development that could destroy, damage or otherwise have an adverse effect on those values.
• To protect water quality and the ecological integrity of water supply catchments and other catchments and natural waterways.
• To protect the scenic, ecological, educational and recreational values of wetlands, rainforests, escarpment areas and fauna habitat linkages.
• To conserve and, where appropriate, restore natural vegetation in order to protect the erosion and slippage of steep slopes.
Nil
Bed and breakfast accommodation; Boat sheds; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Emergency services facilities; Environmental facilities; Environmental protection works; Home businesses; Oyster aquaculture; Recreation areas; Research stations; Roads; Sewerage systems; Water recreation structures; Water supply systems
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.
• To provide for a limited range of development that does not have an adverse effect on those values.
• To protect the natural and cultural features of the landscape, including coastal and foreshore areas, that contribute to scenic value and visual amenity.
• To maintain the stability of coastal land forms and protect the water quality and ecological values of estuaries and coastal streams.
Home occupations
Animal boarding or training establishments; Boat building and repair facilities; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Cellar door premises; Charter and tourism boating facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Extensive agriculture; Forestry; Group homes; Helipads; Home-based child care; Home businesses; Home industries; Information and educational facilities; Kiosks; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Research stations; Roads; Roadside stalls; Sewerage systems; Tank-based aquaculture; Tourist and visitor accommodation; Water recreation structures; Water supply systems
Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Serviced apartments; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.
• To ensure that residential development does not have an adverse effect on those values.
Home occupations
Bed and breakfast accommodation; Bee keeping; Building identification signs; Business identification signs; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Home-based child care; Home businesses; Home industries; Oyster aquaculture; Pond-based aquaculture; Roads; Roadside stalls; Tank-based aquaculture; Water storage facilities
Industries; Local distribution premises; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect the ecological and scenic values of natural waterways.
• To prevent development that would have an adverse effect on the natural values of waterways in this zone.
• To provide for sustainable fishing industries and recreational fishing.
Nil
Aquaculture; Boat launching ramps; Boat sheds; Environmental facilities; Environmental protection works; Jetties; Mooring pens; Moorings; Research stations; Sewerage systems; Water supply systems
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect the ecological, scenic and recreation values of recreational waterways.
• To allow for water-based recreation and related uses.
• To provide for sustainable fishing industries and recreational fishing.
Nil
Aquaculture; Boat building and repair facilities; Boat sheds; Charter and tourism boating facilities; Environmental facilities; Environmental protection works; Jetties; Kiosks; Marinas; Mooring pens; Moorings; Recreation areas; Recreation facilities (outdoor); Restaurants or cafes; Sewerage systems; Water recreation structures; Water supply systems
Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Seniors housing; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To enable the efficient movement and operation of commercial shipping, water-based transport and maritime industries.
• To promote the equitable use of waterways, including appropriate recreational uses.
• To minimise impacts on ecological values arising from the active use of waterways.
• To provide for sustainable fishing industries.
Nil
Aquaculture; Boat building and repair facilities; Boat sheds; Charter and tourism boating facilities; Environmental facilities; Environmental protection works; Kiosks; Marinas; Mooring pens; Moorings; Port facilities; Recreation areas; Recreation facilities (outdoor); Restaurants or cafes; Sewerage systems; Signage; Water recreation structures; Water supply systems; Wharf or boating facilities
Any development not specified in item 2 or 3
• To retain and encourage industrial and maritime activities on foreshores.
• To identify sites for maritime purposes and for activities requiring direct foreshore access.
• To ensure that development does not have an adverse impact on the environment and visual qualities of the foreshore.
• To encourage employment opportunities.
• To minimise any adverse effect of development on land uses in other zones.
Building identification signs; Roads
Aquaculture; Boat building and repair facilities; Boat launching ramps; Heliports; Hotel or motel accommodation; Jetties; Kiosks; Light industries; Liquid fuel depots; Markets; Restaurants or cafes; Serviced apartments; Take away food and drink premises; Vehicle sales or hire premises; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Commercial premises; Correctional centres; Crematoria; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Function centres; Health services facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home businesses; Home occupations; Home occupations (sex services); Home-based child care; Industries; Information and education facilities; Local distribution premises; Mortuaries; Open cut mining; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Resource recovery facilities; Respite day care centres; Restricted premises; Rural industries; Service stations; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste disposal facilities
The objective of this clause is to identify development of minimal environmental impact as exempt development.
Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
To be exempt development, the development—
(a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and
(b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c) must not be designated development, and
(d) must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—
(a) the building has a current fire safety certificate or fire safety statement, or
(b) no fire safety measures are currently implemented, required or proposed for the building.
To be exempt development, the development must—
(a) be installed in accordance with the manufacturer’s specifications, if applicable, and
(b) not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.
See State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 and the Local Land Services Act 2013, Part 5A.
A heading to an item in Schedule 2 is part of that Schedule.
The objective of this clause is to identify development as complying development.
Development specified in Part 1 of Schedule 3 that is carried out in compliance with—
(a) the development standards specified in relation to that development, and
(b) the requirements of this Part,
is complying development.
See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances.
To be complying development, the development must—
(a) be permissible, with development consent, in the zone in which it is carried out, and
(b) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c) have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.
A heading to an item in Schedule 3 is part of that Schedule.
Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
For the purposes of this clause—
(a) the coastal waters of the State,
(b) a coastal lake,
(c) land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(d) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e) land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f) land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g) land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h) land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(i) land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j) land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994,
(ja) land identified as riparian land by clause 7.6(2)(a),
(jb) land identified as “Excluded Land” on the Terrestrial Biodiversity Map.
The objectives of this clause are as follows—
(a) to ensure that subdivision is compatible with, and reinforces the predominant or historic subdivision pattern and character of, an area,
(b) to minimise any likely impact of subdivision and development on the amenity of neighbouring properties,
(c) to ensure that lot sizes and dimensions are able to accommodate development consistent with relevant development controls.
This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
If a lot is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size.
This clause does not apply in relation to the subdivision of any land—
(a) by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or
(b) by any kind of subdivision under the Community Land Development Act 2021, or
(ba) occurring as part of the closure of a public road under Part 4 of the Roads Act 1993.
The objectives of this clause are as follows—
(a) to provide controls for the subdivision of community schemes in order to achieve the objectives of the relevant zones.
This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 2021 of land in any of the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU4 Primary Production Small Lots,
(d) Zone R5 Large Lot Residential,
(e) Zone C2 Environmental Conservation,
(f) Zone C3 Environmental Management,
(g) Zone C4 Environmental Living,
but does not apply to a subdivision by the registration of a strata plan.
The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 2021) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
This clause applies despite clause 4.1.
The objective of this clause is to provide controls for the subdivision of strata plan schemes in order to achieve the objectives of the relevant zones.
This clause applies to land in the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU4 Primary Production Small Lots,
(d) Zone R5 Large Lot Residential,
(e) Zone C2 Environmental Conservation,
(f) Zone C3 Environmental Management,
(g) Zone C4 Environmental Living.
Development consent must not be granted for the subdivision of land to which this clause applies by registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015 if the subdivision would create lots of less than the minimum lot size specified for the land on the Lot Size Map.
The objectives of this clause are as follows—
(a) to achieve planned residential density in certain zones,
(b) to ensure that the area and dimensions of a lot are able to accommodate development that is consistent with the objectives and development controls for dual occupancies, manor houses, multi dwelling housing, multi dwelling housing (terraces) and residential flat buildings,
(c) to minimise any likely adverse impact of development on the amenity of neighbouring properties.
Development consent must not be granted to development on a lot in a zone shown in Column 2 of the Table to this subclause for a purpose shown in Column 1 of the Table opposite that zone, unless the area of the lot is equal to or greater than the area specified for that purpose and shown in Column 3 of the Table.
Column 1 | Column 2 | Column 3 |
Dual occupancy (attached) | RU5 Village, R1 General Residential and R2 Low Density Residential | 500 square metres |
Dual occupancy (detached) | RU5 Village, R1 General Residential and R2 Low Density Residential | 700 square metres |
Manor houses | RU5 Village, R1 General Residential and R3 Medium Density Residential | 900 square metres |
Multi dwelling housing | RU5 Village, R1 General Residential, R3 Medium Density Residential and MU1 Mixed Use | 900 square metres |
Multi dwelling housing (terraces) | RU5 Village, R1 General Residential, R3 Medium Density Residential and MU1 Mixed Use | 900 square metres |
Residential flat buildings | RU5 Village, R1 General Residential, R3 Medium Density Residential and MU1 Mixed Use | 900 square metres |
If a lot is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size.
Despite any other provision of this Plan, a dual occupancy, manor house, multi dwelling housing or multi dwelling housing (terraces) for which development consent has been granted in accordance with this clause may, with development consent, be subdivided into lots of any size to enable the resulting individual dwellings on those lots to have separate titles.
(Repealed)
Clause 3B.1A of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that development for the purposes of manor houses is permitted with development consent in Zones RU5, R1 and R3.
The objective of this clause is to encourage greater dwelling densities on land in Zone R3 Medium Density Residential.
Development consent must not be granted to development for the purpose of a dual occupancy on a lot in Zone R3 Medium Density Residential unless—
(a) the area of the lot is less than 800 square metres, and
(b) the consent authority is satisfied that amalgamation of the lot with other land in that zone is not feasible.
A dual occupancy for which development consent has been granted under this clause may, with development consent, be subdivided into 2 lots to enable the resulting individual dwellings on those lots to have separate titles.
The objective of this clause is to encourage housing diversity without adversely impacting on residential amenity.
This clause applies to development on land in Zone R1 General Residential.
Development consent may be granted to a single development application for development to which this clause applies that is both of the following—
(a) the subdivision of land into 3 or more lots,
(b) the erection of a dwelling house, an attached dwelling or a semi-detached dwelling on each lot resulting from the subdivision, if the size of each lot is equal to or greater than 300 square metres.
The objective of this clause is to allow for the subdivision of rural land that has been previously granted a consent for multiple occupancy development.
Development consent may be granted to the subdivision of land in Zone RU1 Primary Production or Zone RU2 Rural Landscape on which multiple occupancy development has been carried out so that each dwelling house lawfully erected on the land is located on a separate lot if—
(a) consent for the multiple occupancy development was granted on or before 27 March 2001, and
(b) the erection of each dwelling house was commenced before 31 December 2002, and
(c) each separate lot is a neighbourhood lot under the Community Land Development Act 1989.
In this clause,
(a) State Environmental Planning Policy No 15—Multiple Occupancy of Rural Land (before its repeal by the following State Environmental Planning Policy),
(b) State Environmental Planning Policy No 42—Multiple Occupancy of Rural Land, (before its repeal by the following State Environmental Planning Policy),
(c) State Environmental Planning Policy No 15—Rural Landsharing Communities, before its repeal.
The objectives of this clause are as follows—
(a) to provide for the subdivision of lots that are within more than one zone but cannot be subdivided under clause 4.1 or 4.1A,
(b) to ensure that the subdivision occurs in a manner that promotes suitable land use and development.
This clause applies to each lot (an
(a) land in Zone RU4 Primary Production Small Lots, Zone RU5 Village, Zone C4 Environmental Living, Zone W4 Working Waterfront or a residential, employment, mixed use, special purpose or recreation zone (an
urban zone ), and(b) land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone C2 Environmental Conservation or Zone C3 Environmental Management.
Despite clauses 4.1 and 4.1A, development consent may be granted to subdivide an original lot to create other lots (the
(a) in relation to an original lot containing land in Zone C2 Environmental Conservation or Zone C3 Environmental Management, one of the resulting lots will contain—
(i) land in an urban zone that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and
(ii) all of the land in Zone C2 Environmental Conservation or Zone C3 Environmental Management that was in the original lot, and
(b) in relation to an original lot containing less than 36 hectares of land in Zone RU1 Primary Production or Zone RU2 Rural Landscape but no land in Zone C2 Environmental Conservation or Zone C3 Environmental Management, one of the resulting lots will contain—
(i) land in an urban zone that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and
(ii) all of the land in Zone RU1 Primary Production or Zone RU2 Rural Landscape that was in the original lot, and
(c) in relation to an original lot containing land in Zone C2 Environmental Conservation or Zone C3 Environmental Management and less than 36 hectares of land in Zone RU1 Primary Production or Zone RU2 Rural Landscape, one of the resulting lots will contain—
(i) land in an urban zone that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and
(ii) all of the land in Zone C2 Environmental Conservation or Zone C3 Environmental Management and Zone RU1 Primary Production or Zone RU2 Rural Landscape that was in the original lot, and
(d) all other resulting lots will contain—
(i) land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, or
(ii) land in Zone RU1 Primary Production or Zone RU2 Rural Landscape that has an area of at least 36 hectares.
Despite subclause (3), development consent must not be granted to the subdivision of an original lot that contains flood prone land unless—
(a) one of the resulting lots will contain—
(i) land in an urban zone that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and
(ii) all of the flood prone land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone C2 Environmental Conservation or Zone C3 Environmental Management that was in the original lot, and
(b) all other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.
A resulting lot referred to in subclause (3) or (4) must not be subdivided under this clause.
A resulting lot referred to in clause 7.30(2) must not be subdivided under this clause.
A dwelling cannot be erected on the part of a resulting lot referred to in subclause (3)(a)(ii), (b)(ii) or (c)(ii).
In this clause, a resulting lot contains land in an urban zone that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land if the consent authority is satisfied that—
(a) the resulting lot contains an area of land in an urban zone that is appropriate for the erection of a dwelling house, and
(b) the resulting lot has an area that is not less than the minimum size shown on the Lot Size Map in relation to the urban zone.
In this clause,
The objective of this clause is to ensure that vacant community scheme and strata plan lots are not created.
This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 1989 or under the Strata Schemes Development Act 2015 of land in any of the following zones—
(a) Zone R1 General Residential,
(b) Zone R2 Low Density Residential,
(c) Zone MU1 Mixed Use,
(d) Zone SP3 Tourist.
The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property or common property) is not to be less than the minimum size shown on the Lot Size Map in relation to that land unless the consent authority is satisfied that each lot to be created will be used for a purpose permitted as an existing use or under an existing development consent for the land.
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that strata subdivision of a building in certain circumstances is specified complying development.
This clause applies despite clause 4.1.
In this clause—
The objectives of this clause are as follows—
(a) to permit boundary adjustment subdivision between existing lots where one or more of the resulting lots would be less than the minimum subdivision lot size,
(b) to ensure that the subdivision does not create additional lots or additional opportunities for dwelling houses,
(c) to ensure that the boundary adjustment subdivision will result in—
(i) a minimisation of further fragmentation and alienation of resource lands or lands with natural or ecological values,
(ii) the minimisation of land use conflict,
(iii) the maintenance of the rural character, environmental heritage and scenic quality of the land.
This clause applies to the following land at Worrigee—
(a) 15 Aldous Place, being Lot 2, DP 1213693,
(b) 23A Aldous Place, being Lot 586, DP 1048099,
(c) 369 Worrigee Road, being Lot 587, DP 1048099.
This clause also applies to the following land—
(a) 16A Appleberry Close, Bomaderry, being Lot 21, DP 1113675,
(b) 16B Appleberry Close, Bomaderry, being Lot 22, DP 1113675,
(c) 1095 Meroo Road, Meroo Meadow, being Lot 202, DP 1180659.
Despite clause 4.1, development consent may be granted for a subdivision that consists of an adjustment of boundaries between existing lots where the size of one or more of the resulting lots will be less than the minimum subdivision lot size shown on the Lot Size Map in relation to those lots, if—
(a) the subdivision will not result in the creation of any additional lots or the opportunity for additional dwellings (or both), and
(b) the subdivision will minimise the further fragmentation and alienation of resource lands or lands with natural and ecological values, and
(c) the subdivision is likely to minimise actual or potential land use conflict, and
(d) the subdivision is not likely to adversely affect the rural character, environmental heritage or scenic quality of the land, and
(e) in the case of land referred to in subclause (2A)—at least 1 of the resulting lots has an area greater than 37.1 hectares and does not include any land in Zone R1 General Residential.
This clause applies to land identified as “Clause 4.1H” on the Lot Size Map.
Despite clause 4.1(3), development consent may be granted for the subdivision of land to which this clause applies into 2 or more lots (the
(a) the lot has a primary street frontage,
(b) the size of the lot is at least 300 square metres,
(c) if the size of the lot is less than 400 square metres—the lot is accessed by vehicle using a rear lane or shared driveway.
The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.
This clause applies to the following rural zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(baa) Zone RU3 Forestry,
(c) Zone RU4 Primary Production Small Lots,
(d) Zone RU6 Transition.
When this Plan was made it did not include all of these zones.
Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.
However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.
A dwelling cannot be erected on such a lot.
A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).
This clause applies to land in the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone C3 Environmental Management.
Development consent may be granted for the subdivision of land to which this clause applies for the purpose of tourist and visitor accommodation if—
(a) the subdivision will create more than one lot of less than 40 hectares, and
(b) the subdivision is a subdivision of land under the Community Land Development Act 1989, and
(c) each lot created by the subdivision is in the same community plan, precinct plan or neighbourhood plan within the meaning of the Community Land Development Act 1989.
If land to which this clause applies has a frontage to a classified road under the Roads Act 1993, development consent for the subdivision of land other than for a purpose specified in subclause (2) may only be granted if the lot has a frontage to that road of not less than 400 metres.
This clause applies to land in the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU4 Primary Production Small Lots,
(d) Zone R5 Large Lot Residential,
(e) Zone C4 Environmental Living.
Despite clause 4.1, land identified as prime crop and pasture land in a zone to which this clause applies may only be subdivided if the consent authority is satisfied that each lot created by the subdivision will contain at least 10 hectares of prime crop and pasture land.
Despite clause 4.1—
(a) land identified as “Locality 1” on the Lot Size Map (in the vicinity of Bundewallah Road, Berry) may be subdivided into lots with a minimum lot size of 1 hectare and a maximum of 4 lots per 10 hectares, and
(b) land identified as “Locality 2” on the Lot Size Map (in the vicinity of Little Forest Road, Little Forest) may be subdivided into—
(i) north of Little Forest Road—lots with a minimum lot size of 1 hectare and a maximum of one lot per 10 hectares, or
(ii) south of Little Forest Road—lots with a minimum lot size of 1 hectare and a maximum of 3 lots per 10 hectares, and
(c) land identified as “Locality 3” on the Lot Size Map (in the vicinity of Wandean Road, Wandandian) may be subdivided into lots with a minimum lot size of 2 hectares and a maximum of one lot per 10 hectares, or in the case of a lot with an area of between 4 and 19 hectares, into no more than 2 lots, and
(b) treatment works, and
(c) irrigation schemes.
Water recycling facilities are a type of
Water reticulation systems are a type of
Water storage facilities are a type of
(a) a water reticulation system,
(b) a water storage facility,
(c) a water treatment facility,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
Water treatment facilities are a type of
(a) natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b) artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
(a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c) wharves for commercial fishing operations,
(d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e) sea walls or training walls,
(f) administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
Shoalhaven Local Environmental Plan 2014 (179). LW 8.4.2014. Date of commencement, 14 days after publication on LW, cl 1.1AA. This Plan has been amended as follows—
No 33 | Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 2.36, 14.7.2014, Sch 2.36. | |
(513) | Standard Instrument (Local Environmental Plans) Amendment Order 2014. LW 15.8.2014. Date of commencement, on publication on LW, cl 2. | |
(597) | Shoalhaven Local Environmental Plan 2014 (Amendment No 1). LW 5.9.2014. Date of commencement, 31.10.2014, cl 2. | |
(691) | Shoalhaven Local Environmental Plan 2014 (Amendment No 3). LW 24.10.2014. Date of commencement, on publication on LW, cl 2. | |
No 88 | Statute Law (Miscellaneous Provisions) Act (No 2) 2014. Assented to 28.11.2014. Date of commencement of Sch 2, 8.1.2015, sec 2 (1). | |
(56) | Shoalhaven Local Environmental Plan 2014 (Amendment No 2). LW 6.2.2015. Date of commencement, on publication on LW, cl 2. | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 3, 15.7.2015, sec 2 (3). | |
(472) | Shoalhaven Local Environmental Plan 2014 (Amendment No 5). LW 14.8.2015. Date of commencement, on publication on LW, cl 2. | |
(692) | Shoalhaven Local Environmental Plan 2014 (Amendment No 6). LW 13.11.2015. Date of commencement, on publication on LW, cl 2. | |
(788) | Shoalhaven Local Environmental Plan 2014 (Amendment No 7). LW 18.12.2015. Date of commencement, on publication on LW, cl 2. | |
(26) | Shoalhaven Local Environmental Plan 2014 (Amendment No 9). LW 15.1.2016. Date of commencement, on publication on LW, cl 2. | |
(43) | Standard Instrument (Local Environmental Plans) Amendment (Maps) Order 2016. LW 27.1.2016. Date of commencement, 27.1.2016, cl 2. | |
(126) | Standard Instrument (Local Environmental Plans) Amendment Order 2016. LW 11.3.2016. Date of commencement, on publication on LW, cl 2. | |
(168) | Local Environmental Plan (Regional LEPs Consequential Amendments) 2016. LW 4.4.2016. Date of commencement, on publication on LW, cl 2. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016. Date of commencement of Sch 2, 8.7.2016, sec 2 (1). | |
(309) | Standard Instrument (Local Environmental Plans) Amendment (Observatory and Defence Facility) Order 2016. LW 10.6.2016. Date of commencement, 56 days after publication on LW, cl 2. | |
(310) | State Environmental Planning Policy (Integration and Repeals) 2016. LW 10.6.2016. Date of commencement, 56 days after publication on LW, cl 2. | |
(358) | Shoalhaven Local Environmental Plan 2014 (Amendment No 4). LW 24.6.2016. Date of commencement, on publication on LW, cl 2. | |
(434) | Shoalhaven Local Environmental Plan 2014 (Amendment No 10). LW 8.7.2016. Date of commencement, on publication on LW, cl 2. | |
(481) | Shoalhaven Local Environmental Plan 2014 (Amendment No 12). LW 5.8.2016. Date of commencement, on publication on LW, cl 2. | |
(525) | Shoalhaven Local Environmental Plan 2014 (Amendment No 11). LW 19.8.2016. Date of commencement, on publication on LW, cl 2. | |
No 55 | Statute Law (Miscellaneous Provisions) Act (No 2) 2016. Assented to 25.10.2016. Date of commencement of Sch 3.30, 6.1.2017, sec 2 (1). | |
(2) | Shoalhaven Local Environmental Plan 2014 (Amendment No 13). LW 13.1.2017. Date of commencement, on publication on LW, cl 2. | |
(349) | Shoalhaven Local Environmental Plan 2014 (Amendment No 8). LW 7.7.2017. Date of commencement, on publication on LW, cl 2. | |
(453) | Standard Instrument (Local Environmental Plans) Amendment (Vegetation) Order 2017. LW 25.8.2017. Date of commencement, 25.8.2017, cl 2. | |
(492) | Standard Instrument (Local Environmental Plans) Amendment (Child Care) Order 2017. LW 1.9.2017. Date of commencement, on publication on LW, cl 2. | |
(493) | State Environmental Planning Policy Amendment (Child Care) 2017. LW 1.9.2017. Date of commencement, on publication on LW, cl 2. | |
(503) | Shoalhaven Local Environmental Plan 2014 (Amendment No 15). LW 8.9.2017. Date of commencement, on publication on LW, cl 2. | |
(536) | Shoalhaven Local Environmental Plan 2014 (Amendment No 14). LW 22.9.2017. Date of commencement, on publication on LW, cl 2. | |
(570) | Shoalhaven Local Environmental Plan 2014 (Amendment No 16). LW 6.10.2017. Date of commencement, on publication on LW, cl 2. | |
(46) | Shoalhaven Local Environmental Plan 2014 (Amendment No 18). LW 16.2.2018. Date of commencement, on publication on LW, cl 2. | |
(105) | Standard Instrument (Local Environmental Plans) Amendment (Coastal Management) Order 2018. LW 23.3.2018. Date of commencement, 3.4.2018, cl 2. | |
(106) | State Environmental Planning Policy (Coastal Management) 2018. LW 23.3.2018. Date of commencement, 3.4.2018, cl 2. | |
(154) | Standard Instrument (Local Environmental Plans) Amendment (Minimum Subdivision Lot Size) Order 2018. LW 20.4.2018. Date of commencement, on publication on LW, cl 2. | |
(160) | Shoalhaven Local Environmental Plan 2014 (Amendment No 17). LW 20.4.2018. Date of commencement, on publication on LW, cl 2. | |
No 40 | Forestry Legislation Amendment Act 2018. Assented to 27.6.2018. Date of commencement of Sch 3.12, 9.11.2018, sec 2 and 2018 (620) LW 9.11.2018. | |
(403) | Shoalhaven Local Environmental Plan 2014 (Amendment No 31). LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(404) | Standard Instrument (Local Environmental Plans) Amendment (Artisan Food and Drink Industries) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(405) | Standard Instrument (Local Environmental Plans) Amendment (Garden Centres) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(406) | State Environmental Planning Policy Amendment (Artisan Food and Drink Industries) 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(419) | Shoalhaven Local Environmental Plan 2014 (Amendment No 19). LW 3.8.2018. Date of commencement, on publication on LW, cl 2. | |
(477) | Standard Instrument (Local Environmental Plans) Amendment (Land Use Terms) Order 2018. LW 29.8.2018. Date of commencement, 31.8.2018, cl 2. | |
(488) | State Environmental Planning Policy Amendment (Land Use Terms) 2018. LW 29.8.2018. Date of commencement of Sch 1.1 and 1.2, 31.8.2018, cl 2 (1). | |
No 46 | Children (Education and Care Services) Supplementary Provisions Amendment Act 2018. Assented to 27.9.2018. Date of commencement of Sch 2.3, 31.10.2019, sec 2(1) and 2019 (200) LW 24.5.2019. | |
(588) | Shoalhaven Local Environmental Plan 2014 (Amendment No 21). LW 12.10.2018. Date of commencement, on publication on LW, cl 2. | |
(695) | Shoalhaven Local Environmental Plan 2014 (Amendment No 20). LW 30.11.2018. Date of commencement, on publication on LW, cl 2. | |
(717) | Standard Instrument (Local Environmental Plans) Amendment (Greater Sydney Commission) Order 2018. LW 7.12.2018. Date of commencement, 10.12.2018, cl 2. | |
(99) | Shoalhaven Local Environmental Plan 2014 (Amendment No 22). LW 22.2.2019. Date of commencement, on publication on LW, cl 2. | |
(133) | Standard Instrument (Local Environmental Plans) Amendment (Primary Production and Rural Development) Order 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2. | |
(137) | State Environmental Planning Policy (Primary Production and Rural Development) 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2. | |
No 1 | Statute Law (Miscellaneous Provisions) Act 2019. Assented to 17.6.2019. Date of commencement of Sch 2.28, 14 days after assent, sec 2 (1). | |
(481) | Shoalhaven Local Environmental Plan 2014 (Amendment No 23). LW 27.9.2019. Date of commencement, on publication on LW, cl 2. | |
(482) | Shoalhaven Local Environmental Plan 2014 (Amendment No 24). LW 27.9.2019. Date of commencement, on publication on LW, cl 2. | |
(483) | Shoalhaven Local Environmental Plan 2014 (Amendment No 25). LW 27.9.2019. Date of commencement, on publication on LW, cl 2. | |
(620) | Standard Instrument (Local Environmental Plans) Amendment Order 2019. LW 13.12.2019. Date of commencement, 15.1.2020, cl 2. | |
(621) | State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019. Date of commencement of Sch 5, 15.1.2020, cl 2(1). | |
(104) | Shoalhaven Local Environmental Plan 2014 (Amendment No 30). LW 20.3.2020. Date of commencement, on publication on LW, cl 2. | |
(142) | Shoalhaven Local Environmental Plan 2014 (Amendment No 28). LW 9.4.2020. Date of commencement, on publication on LW, cl 2. | |
(143) | Shoalhaven Local Environmental Plan 2014 (Amendment No 29). LW 9.4.2020. Date of commencement, on publication on LW, cl 2. | |
(155) | Standard Instrument (Local Environmental Plans) Amendment (Energy Storage Technology) Order 2020. LW 17.4.2020. Date of commencement, on publication on LW, cl 2. | |
(330) | Shoalhaven Local Environmental Plan 2014 (Amendment No 33). LW 26.6.2020. Date of commencement, on publication on LW, cl 2. | |
(401) | Shoalhaven Local Environmental Plan 2014 (Amendment No 34). LW 10.7.2020. Date of commencement, on publication on LW, cl 2. | |
(436) | Shoalhaven Local Environmental Plan 2014 (Amendment No 32). LW 24.7.2020. Date of commencement, on publication on LW, cl 2. | |
(502) | Shoalhaven Local Environmental Plan 2014 (Amendment No 35). LW 21.8.2020. Date of commencement, on publication on LW, cl 2. | |
(517) | Shoalhaven Local Environmental Plan 2014 (Amendment No 26). LW 28.8.2020. Date of commencement, on publication on LW, cl 2. | |
(606) | Shoalhaven Local Environmental Plan 2014 (Amendment No 36). LW 9.10.2020. Date of commencement, on publication on LW, cl 2. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). | |
(636) | Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2020. LW 28.10.2020. Date of commencement, 28.10.2020, cl 2. | |
No 40 | Liquor Amendment (Night-time Economy) Act 2020. Assented to 27.11.2020. Date of commencement of Schs 4.6 and 7, 11.12.2020, sec 2(1) and 2020 (713) LW 11.12.2020. | |
(695) | Shoalhaven Local Environmental Plan 2014 (Amendment No 37). LW 27.11.2020. Date of commencement, on publication on LW, cl 2. | |
(762) | Standard Instrument (Local Environmental Plans) Amendment (Secondary Dwellings) Order 2020. LW 18.12.2020. Date of commencement, 1.2.2021, cl 2. | |
(53) | Shoalhaven Local Environmental Plan 2014 (Amendment No 40). LW 12.2.2021. Date of commencement, on publication on LW, cl 2. | |
(98) | Shoalhaven Local Environmental Plan 2014 (Amendment No 38). LW 5.3.2021. Date of commencement, on publication on LW, cl 2. | |
(126) | Shoalhaven Local Environmental Plan 2014 (Amendment No 39). LW 19.3.2021. Date of commencement, on publication on LW, cl 2. | |
No 6 | Community Land Development Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021. | |
(175) | State Environmental Planning Policy (Affordable Rental Housing) Amendment (Short-term Rental Accommodation) 2021. LW 9.4.2021. Date of commencement, 1.11.2021, cl 2. Amended by State Environmental Planning Policy (Affordable Rental Housing) Amendment (Short-term Rental Accommodation) Amendment 2021 (414). LW 28.7.2021. Date of commencement, on publication on LW, cl 2. | |
(176) | Shoalhaven Local Environmental Plan 2014 (Amendment No 41). LW 9.4.2021. Date of commencement, on publication on LW, cl 2. | |
(225) | State Environmental Planning Policy Amendment (Flood Planning) 2021. LW 14.5.2021. Date of commencement, 14.7.2021, cl 2. | |
(226) | Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021. LW 14.5.2021. Date of commencement, 14.7.2021, cl 2. | |
(244) | Shoalhaven Local Environmental Plan 2014 (Amendment No 42). LW 21.5.2021. Date of commencement, on publication on LW, cl 2. | |
(301) | Standard Instrument (Local Environmental Plans) Amendment (Natural Disasters) Order 2021. LW 18.6.2021. Date of commencement, 23.6.2021, cl 2. | |
(517) | Shoalhaven Local Environmental Plan 2014 (Amendment No 43). LW 3.9.2021. Date of commencement, on publication on LW, cl 2. | |
(650) | Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. LW 5.11.2021. Date of commencement of Sch 1[1]–[15] [17] [19] [23]–[48] and [50]–[53] and Sch 2, 1.12.2021, cl 2(1); date of commencement of Sch 1[16] [18] [20]–[22] [49] [54] and [55], 30.6.2022, cl 2(1A); date of commencement of Sch 3, 26.4.2023, cl 2(2). Amended by Standard Instrument (Local Environmental Plans) Further Amendment (Land Use Zones) Order 2021 (712). LW 26.11.2021. Date of commencement, on publication on LW, cl 2. Amended by Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022 (726). LW 30.11.2022. Date of commencement, on publication on LW, cl 2. | |
(711) | Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2021. LW 26.11.2021. Date of commencement, on publication on LW, cl 2. | |
(714) | State Environmental Planning Policy (Housing) 2021. LW 26.11.2021. Date of commencement, on publication on LW, sec 2. | |
(71) | Standard Instrument (Local Environmental Plans) Amendment (SEPPs) Order 2022. LW 4.3.2022. Date of commencement, 9.3.2022, cl 2. | |
(72) | State Environmental Planning Policy Amendment (Miscellaneous) 2022. LW 4.3.2022. Date of commencement, on publication on LW, sec 2. | |
No 26 | Statute Law (Miscellaneous Provisions) Act 2022. Assented to 16.6.2022. Date of commencement, assent, sec 2. | |
(297) | Shoalhaven Local Environmental Plan 2014 (Amendment No 44). LW 17.6.2022. Date of commencement, on publication on LW, cl 2. | |
(314) | State Environmental Planning Policy Amendment (Local Distribution Premises) 2022. LW 24.6.2022. Date of commencement, 30.6.2022, sec 2. | |
(371) | Shoalhaven Local Environmental Plan 2014 (Amendment No 45). LW 8.7.2022. Date of commencement, on publication on LW, cl 2. | |
(592) | Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2022. LW 6.10.2022. Date of commencement, 1.12.2022, cl 2. | |
(626) | Shoalhaven Local Environmental Plan 2014 (Amendment No 46). LW 21.10.2022. Date of commencement, on publication on LW, cl 2. | |
(627) | Shoalhaven Local Environmental Plan 2014 (Amendment No 47). LW 21.10.2022. Date of commencement, on publication on LW, cl 2. | |
(628) | Standard Instrument (Local Environmental Plans) Amendment (Canal Estate Development and Public Bushland) Order 2022. LW 21.10.2022. Date of commencement, 21.11.2022, cl 2. | |
(740) | Shoalhaven Local Environmental Plan 2014 (Amendment No 49). LW 2.12.2022. Date of commencement, on publication on LW, cl 2. | |
(857) | State Environmental Planning Policy Amendment (Land Use Zones) (No 6) 2022. LW 16.12.2022. Date of commencement, 26.4.2023, sec 2. Amended by Inner West Local Environmental Plan Amendment (Land Use Zones) 2022 (856). LW 16.12.2022. Date of commencement, immediately before the commencement of State Environmental Planning Policy Amendment (Land Use Zones) (No 6) 2022 (i.e. on publication on LW), cl 2. Amended by State Environmental Planning Policy Amendment (Land Use Zones) 2023 (82). LW 24.2.2023. Date of commencement, on publication on LW, sec 2. | |
(19) | Shoalhaven Local Environmental Plan 2014 (Amendment No 48). LW 20.1.2023. Date of commencement, on publication on LW, cl 2. | |
(458) | State Environmental Planning Policy Amendment (Agritourism) 2023. LW 18.8.2023. Date of commencement, on publication on LW, sec 2. | |
(522) | Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023. LW 15.9.2023. Date of commencement, 1.11.2023, cl 2. | |
(523) | State Environmental Planning Policy Amendment (Estimated Development Cost) 2023. LW 15.9.2023. Date of commencement, 4.3.2024, sec 2. | |
(526) | Shoalhaven Local Environmental Plan 2014 (Amendment No 50). LW 15.9.2023. Date of commencement, on publication on LW, cl 2. | |
(554) | State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023. LW 29.9.2023. Date of commencement, 1.10.2023, sec 2. | |
(608) | Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2023. LW 10.11.2023. Date of commencement, on publication on LW, cl 2. | |
(609) | State Environmental Planning Policy Amendment (Flood Planning) 2023. LW 10.11.2023. |
Date of commencement, on publication on LW, sec 2. | ||
(28) | Shoalhaven Local Environmental Plan 2014 (Amendment No 51). LW 9.2.2024. Date of commencement, on publication on LW, cl 2. | |
(41) | Shoalhaven Local Environmental Plan 2014 (Amendment No 52). LW 23.2.2024. Date of commencement, on publication on LW, cl 2. | |
(42) | State Environmental Planning Policy Amendment (Land Use Zones) (No 2) 2024. LW 23.2.2024. Date of commencement, on publication on LW, sec 2. | |
(152) | Shoalhaven Local Environmental Plan 2014 (Amendment No 53). LW 10.5.2024. Date of commencement, on publication on LW, cl 2. | |
(426) | Shoalhaven Local Environmental Plan 2014 (Amendment No 54). LW 23.8.2024. Date of commencement, on publication on LW, cl 2. | |
(619) | Shoalhaven Local Environmental Plan 2014 (Amendment No 55). LW 6.12.2024. Date of commencement, on publication on LW, cl 2. | |
(290) | Shoalhaven Local Environmental Plan 2014 (Amendment No 57). LW 20.6.2025. Date of commencement, on publication on LW, cl 2. | |
(471) | Shoalhaven Local Environmental Plan 2014 (Amendment No 58). LW 29.8.2025. Date of commencement, on publication on LW, cl 2. | |
(511) | Standard Instrument (Local Environmental Plans) Amendment (Group Homes) Order 2025. LW 19.9.2025. Date of commencement, on publication on LW, cl 2. |
No reference is made to certain amendments made consequential on the amendment of the Standard Instrument (Local Environmental Plans) Order 2006.
Cl 1.8A | Am 2020 (502), Sch 1[1]; 2023 (609), Sch 1.1[1]. |
Cl 1.8B | Rep 2016 (310), Sch 4.24 [1]. |
Cl 1.9 | Am 2016 (310), Sch 4.24 [2]. |
Cl 1.9A | Am 2019 (482), Sch 1 [1]; 2019 (621), Sch 5[3] [4]. |
Cl 2.1 | Am 2022 (857), Sch 1.5[1]; 2024 (42), Sch 1.36[1] [2]. |
Land Use Table | Am 2015 (692), Sch 1 [1]; 2015 (788), Sch 1 [1] [2]; 2016 (168), Sch 1 [2] [5]; 2016 No 27, Sch 2.44; 2016 (525), Sch 1 [1]; 2017 (493), Sch 1.1 [1] [2]; 2018 (46), Sch 1 [1]; 2018 (403), cl 4; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 No 1, Sch 2.28; 2019 (481), cl 5 (1); 2019 (482), Sch 1 [2] [3]; 2021 (714), Sch 10.16; 2022 (297), Sch 1[1] [2]; 2022 (314), Sch 1; 2022 (857), Sch 1.5[2]; 2023 (458), Sch 2.70[1] [2]; 2024 (42), Sch 1.36[3]. |
Cl 4.1 | Am 2019 (482), Sch 1 [4]; 2020 (502), Sch 1[2]. |
Cl 4.1AA | Subst 2016 (434), Sch 1 [1]. Am 2022 (857), Sch 1.5[3]. |
Cl 4.1AB | Ins 2024 (28), Sch 1[1]. |
Cl 4.1A | Am 2016 (525), Sch 1 [2]. Subst 2020 (502), Sch 1[3]. Am 2022 (626), Sch 1[1] [2]; 2022 (857), Sch 1.5[4]. |
Cl 4.1B | Am 2016 (525), Sch 1 [3]; 2022 (626), Sch 1[3]. |
Cl 4.1C | Am 2016 (525), Sch 1 [4]; 2020 (502), Sch 1[4]. |
Cl 4.1D | Am 2022 (297), Sch 1[3]. |
Cl 4.1E | Ins 2015 (692), Sch 1 [2]. Am 2019 (99), Sch 1 [1]; 2022 (297), Sch 1[4]; 2022 (857), Sch 1.5[3] [5] (am 2023 (82), Sch 1.6[5]); 2024 (42), Sch 1.36[4]. |
Cl 4.1F | Ins 2016 (434), Sch 1 [2]. Am 2019 (482), Sch 1 [5]–[7]. Am 2022 (857), Sch 1.5[4]. |
Cl 4.1G | Ins 2016 (481), Sch 1. Am 2020 (143), cl 4(1)–(3). |
Cl 4.1H | Ins 2018 (695), Sch 1 [1]. Am 2021 (126), Sch 1[1] [2]. |
Cl 4.2A | Am 2022 (857), Sch 1.5[3]. |
Cl 4.2B | Am 2014 No 88, Sch 2.61 [1]; 2016 (525), Sch 1 [5]; 2022 (857), Sch 1.5[3]. |
Cl 4.2C | Am 2016 (525), Sch 1 [6]; 2022 (857), Sch 1.5[3]. |
Cl 4.2D | Am 2015 (692), Sch 1 [3]; 2016 (434), Sch 1 [3]; 2016 (525), Sch 1 [7]; 2022 (297), Sch 1[5]; 2022 (857), Sch 1.5[3] [6]; 2023 (609), Sch 1.21[1]. |
Cl 4.2E | Am 2016 (525), Sch 1 [8]; 2022 (857), Sch 1.5[3] [6]. |
Cl 4.2G | Ins 2016 (525), Sch 1 [9]. Am 2019 (482), Sch 1 [8]; 2022 (857), Sch 1.5[3] [6]. |
Cl 4.2H | Ins 2016 (525), Sch 1 [9]. 2019 (482), Sch 1 [9]. |
Cl 4.6 | Am 2015 (472), Sch 1 [1]; 2015 (692), Sch 1 [4]; 2016 (525), Sch 1 [10]; 2018 (695), Sch 1 [2]; 2022 (857), Sch 1.5[6]; 2023 (554), Sch 2.29[1]. |
Cl 5.1 | Am 2022 (857), Sch 1.5[4] [7] [8]. |
Cl 5.1A | Am 2022 (857), Sch 1.5[4] [9]. |
Cl 5.4 | Am 2018 (406), Sch 1.121 [1] [2]. |
Cl 5.9 | Subst 2022 (626), Sch 1[4]. Am 2022 (857), Sch 1.5[10]. |
Cl 5.9A | Ins 2022 (626), Sch 1[5]. |
Cl 5.22 | Subst 2023 (609), Sch 1.21[2]. |
Cl 5.24 | Subst 2023 (458), Sch 1[4]. |
Cl 5.25 | Subst 2023 (458), Sch 1[4]. |
Cl 6.1 | Am 2019 (621), Sch 5[5]. Rep 2023 (554), Sch 2.29[2]. |
Cl 6.3 | Am 2016 (525), Sch 1 [11]. |
Cl 6.5 | Subst 2020 (142), Sch 1. Am 2022 (857), Sch 1.5[3]. |
Cl 7.2A | Ins 2019 (99), Sch 1 [2]. |
Cl 7.3 | Am 2019 (99), Sch 1 [3]–[5]. Rep 2021 (225), Sch 1. |
Cl 7.4 | Am 2018 (106), Sch 2.11. |
Cl 7.10 | Am 2017 (493), Sch 1.2 [2]; 2022 (297), Sch 1[6]. |
Cl 7.11 | Am 2024 (28), Sch 1[2]. |
Cl 7.12 | Am 2022 (72), Sch 1.50; 2023 (523), Sch 1.10[1] [2]. |
Cl 7.13 | Am 2016 (525), Sch 1 [12]; 2016 No 55, Sch 3.30. Rep 2021 (175), Sch 2.12. |
Cl 7.14 | Am 2016 (525), Sch 1 [13]; 2022 (857), Sch 1.5[4]. |
Cl 7.16 | Am 2022 (857), Sch 1.5[11] [12]. |
Cl 7.17 | Am 2022 (857), Sch 1.5[13]. |
Cl 7.18 | Am 2022 (857), Sch 1.5[3]. |
Cl 7.23 | Am 2022 (857), Sch 1.5[3]. |
Cl 7.24 | Am 2017 (493), Sch 1.2 [1]; 2022 (857), Sch 1.5[14] [15]. |
Cl 7.25 | Ins 2015 (472), Sch 1 [2]. Subst 2022 (371), cl 4(1). |
Cl 7.26 | Ins 2016 (525), Sch 1 [14]. |
Cl 7.27 | Ins 2019 (481), cl 5 (2). |
Cl 7.28 | Ins 2020 (436), Sch 1. |
Cl 7.29 | Ins 2021 (244), Sch 1. Am 2022 (857), Sch 1.5[3]. |
Cl 7.30 | Ins 2022 (297), Sch 1[7]. Am 2022 (857), Sch 1.5[16]. |
Cl 7.31 | Ins 2022 (857), Sch 1.5[17]. |
Cl 7.32 | Ins 2022 (857), Sch 1.5[17]. |
Cl 7.33 | Ins 2025 (471), Sch 1. |
Sch 1 | Am 2014 (597), cl 5; 2017 (536), cl 5; 2018 (488), Sch 1.2; 2018 (588), cl 5; 2019 (482), Sch 1 [10] [11]; 2020 (695), cl 5; 2022 (371), cl 4(2); 2022 (627), cl 5; 2022 (740), cl 5; 2022 (857), Sch 1.5[3] [18] [19] (am 2023 (82), Sch 1.6[8]–[11]); 2023 (19), cl 5; 2024 (41), Sch 1; 2024 (426), Sch 1. |
Sch 2 | Am 2016 (525), Sch 1 [15]; 2019 (482), Sch 1 [12] [13]; 2023 (526), Sch 1[1]–[4]; 2024 (42), Sch 1.36[5]. |
Sch 4 | Am 2017 (349), Sch 1 [1] [2]. |
Sch 5 | Am 2014 No 88, Sch 2.61 [2]; 2015 (788), Sch 1 [3]–[58]; 2018 (46), Sch 1 [2]–[4]; 2020 (104), cl 5; 2020 (401), cl 5; 2021 (98), Sch 1[1]–[246]; 2021 (517), Sch 1[1] [2]; 2022 No 26, Sch 2.28; 2022 (297), Sch 1[8]–[10]; 2023 (526), Sch 1[5] [6]; 2024 (28), Sch 1[3] [4]; 2024 (152), Sch 1; 2024 (619), Sch 1; 2025 (290), Sch 1. |
Dictionary | Am 2016 (525), Sch 1 [16]; 2017 (349), Sch 1 [3]; 2018 (695), Sch 1 [3]; 2019 (99), Sch 1 [6] [7]; 2020 (502), Sch 1[5]; 2021 (126), Sch 1[3]; 2022 (626), Sch 1[6]; 2023 (554), Sch 2.29[3]. |
Maps | Am 2014 (597), cl 4; 2014 (691), cl 4; 2015 (56), cl 4; 2015 (472), cl 4; 2015 (788), cl 4; 2016 (26), cl 4; 2016 (358), cl 4; 2016 (481), cl 4; 2016 (525), cl 4; 2017 (2), cl 4; 2017 (349), Sch 1 [3]; 2017 (503), cl 4; 2017 (536), cl 4; 2017 (570), cl 4; 2018 (46), cl 4; 2018 (160), cl 4; 2018 (419), cl 4; 2018 (588), cl 4; 2018 (695), cl 4; 2019 (481), cl 4; 2019 (483), cl 4; 2020 (104), cl 4; 2020 (142), cl 4; 2020 (330), cl 4; 2020 (401), cl 4; 2020 (436), cl 4; 2020 (502), cl 4; 2020 (517), cl 4; 2020 (606), cl 4; 2020 (695), cl 4; 2021 (53), cl 4; 2021 (126), cl 4; 2021 (176), cl 4; 2021 (244), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment. |
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