Standard Instrument (Local Environmental Plans) Order 2006 (NSW)

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Note—

To assist with the use and navigation of this instrument, a version containing only the standard provisions is also available. See the Standard Instrument—Principal Local Environmental Plan.

Standard Instrument: For information concerning the standard instrument before the commencement of 2007 (600), see the Historical table of amendments in the Legislative history.

cl 1.1 (previously cl 1): Renumbered 2007 (600), Sch 2 [182]. Am 2020 (762), Sch 1[1].

cl 1.1AA: Ins 2010 (161), Sch 2 [1].

cl 1.2 (previously cl 2): Renumbered 2007 (600), Sch 2 [182]. Am 2019 (620), Sch 2[1]; 2020 No 40, Sch 4.6.

cl 1.3 (previously cl 3): Am 2007 (600), Sch 1 [2]. Renumbered 2007 (600), Sch 2 [182].

cl 1.4 (previously cl 4): Renumbered 2007 (600), Sch 2 [182].

cl 1.5 (previously cl 5): Renumbered 2007 (600), Sch 2 [182].

cl 1.6 (previously cl 6): Renumbered 2007 (600), Sch 2 [182].

cl 1.7 (previously cl 7): Am 2007 (600), Sch 2 [3]–[7]. Renumbered 2007 (600), Sch 2 [182]. Am 2010 (161), Sch 2 [2]; 2011 (362), Sch 1 [1]; 2014 No 33, Sch 2.36 [1]; 2016 (43), cl 3; 2018 (717), cl 3 (1) (2); 2021 (711), Sch 1[1].

cl 1.8 (previously cl 8): Renumbered 2007 (600), Sch 2 [182]. Am 2010 (161), Sch 2 [3]; 2011 (102), Sch 2 [1].

cl 1.9 (previously cl 9): Am 2007 (600), Sch 2 [8]. Renumbered 2007 (600), Sch 2 [182]. Am 2008 No 114, Sch 2.28 [1]; 2010 (161), Sch 2 [4]–[7]; 2014 No 33, Sch 2.36 [2]; 2014 (513), cl 3; 2019 (620), Sch 2[2]; 2022 (71), Sch 1[1] [2].

cl 2.1 (previously cl 10): Renumbered 2007 (600), Sch 2 [182]. Am 2007 (600), Sch 2 [182]; 2010 (161), Sch 2 [8]; 2011 (82), Sch 1 [1]; 2011 (102), Sch 2 [2]; 2021 (650), Sch 1[1]–[5], Sch 3[1]; 2022 (726), Sch 1[1].

cl 2.2 (previously cl 11): Renumbered 2007 (600), Sch 2 [182].

cl 2.3 (previously cl 12): Renumbered 2007 (600), Sch 2 [182]. Am 2007 (600), Sch 2 [182]; 2010 (161), Sch 2 [9]; 2011 (102), Sch 2 [3]; 2019 (620), Sch 2[3].

cl 2.4 (previously cll 13): Renumbered 2007 (600), Sch 2 [182]. Am 2011 (102), Sch 2 [3] [4]; 2014 No 33, Sch 2.36 [3].

cl 2.5 (previously cl 14): Renumbered 2007 (600), Sch 2 [182]. Am 2011 (102), Sch 2 [3]; 2011 (362), Sch 1 [2] [3].

cl 2.6 (previously cl 15): Am 2007 (600), Sch 2 [9]. Renumbered 2007 (600), Sch 2 [182]. Subst 2011 (102), Sch 2 [5]. Am 2011 (362), Sch 1 [4].

cl 2.7 (previously cl 2.6AA): Ins 2010 (161), Sch 2 [10]. Am 2011 (102), Sch 2 [3]. Renumbered 2011 (102), Sch 2 [6].

cl 2.8 (previously cl 2.6BB): Ins 2010 (161), Sch 2 [10]. Renumbered 2011 (102), Sch 2 [6].

cl 2.9: Ins 2022 (628), Sch 1[1].

Zone E5: Ins 2021 (650), Sch 1[12]. Am 2022 (726), Sch 1[4].

Zone MU1: Ins 2021 (650), Sch 1[12]. Am 2022 (726), Sch 1[4] [9].

Zone B1: Am 2007 (600), Sch 2 [20]–[22]; 2009 (362), cl 3 (3); 2011 (102), Sch 2 [14]; 2017 (492), Sch 1 [3]; 2018 (477), Sch 1 [2]; 2019 (133), Sch 1 [4] [5]. Rep 2021 (650), Sch 3[2].

Zone B2: Am 2007 (600), Sch 2 [21] [22]; 2009 (362), cl 3 (3); 2011 (102), Sch 2 [15]; 2017 (492), Sch 1 [3]; 2019 (133), Sch 1 [4] [5]. Rep 2021 (650), Sch 3[2].

Zone B3: Am 2007 (600), Sch 2 [21]–[23]; 2011 (102), Sch 2 [15]; 2017 (492), Sch 1 [3]; 2019 (133), Sch 1 [4] [5]. Rep 2021 (650), Sch 3[2].

Zone B4: Am 2007 (600) Sch 2 [24]; 2011 (102), Sch 2 [15]; 2017 (492), Sch 1 [3]; 2019 (133), Sch 1 [4] [5]. Rep 2021 (650), Sch 3[2].

Zone B5: Am 2007 (600), Sch 2 [25] [26]; 2011 (102), Sch 2 [16] [17]; 2017 (492), Sch 1 [3]; 2018 (477), Sch 1 [3] [4]; 2019 (133), Sch 1 [4] [5]. Rep 2021 (650), Sch 3[2].

Zone B6: Am 2007 (600), Sch 2 [27]–[29]; 2011 (102), Sch 2 [18]–[20]; 2011 (362), Sch 1 [7]; 2019 (133), Sch 1 [4] [5]. Rep 2021 (650), Sch 3[2].

Zone B7: Am 2011 (102), Sch 2 [11]; 2017 (492), Sch 1 [3]; 2019 (133), Sch 1 [4] [5]. Rep 2021 (650), Sch 3[2].

Zone B8: Ins 2011 (82), Sch 1 [2]. Am 2011 (362), Sch 1 [8]; 2017 (492), Sch 1 [3]; 2019 (133), Sch 1 [4] [5]. Rep 2021 (650), Sch 3[2].

Zone IN1: Am 2011 (102), Sch 2 [21]–[23]; 2019 (133), Sch 1 [4] [5]. Rep 2021 (650), Sch 3[2].

Zone IN2: Am 2007 (600), Sch 2 [30]; 2011 (102), Sch 2 [21] [22]; 2019 (133), Sch 1 [4] [5]. Rep 2021 (650), Sch 3[2].

Zone IN3: Am 2011 (102), Sch 2 [21] [23] [24]; 2019 (133), Sch 1 [4] [5]. Rep 2021 (650), Sch 3[2].

Zone IN4: Am 2011 (102), Sch 2 [25]; 2011 (362), Sch 1 [9]; 2019 (133), Sch 1 [2]. Rep 2021 (650), Sch 3[2].

Zone SP4: Ins 2021 (650), Sch 1[13]; 2022 (726), Sch 1[4] [10].

Zone SP5: Ins 2022 (726), Sch 1[11].

Zone C1 (previously Zone E1): Am 2007 (600), Sch 2 [32]–[35]. Renumbered 2021 (650), Sch 1[14].

Zone C2 (previously Zone E2): Am 2007 (600), Sch 2 [36]; 2008 No 62, Sch 2.52 [1]; 2011 (102), Sch 2 [26]; 2019 (133), Sch 1 [13] [14]. Renumbered 2021 (650), Sch 1[15]. Am 2021 (650), Sch 1[16]; 2022 (726), Sch 1[4].

Zone C3 (previously Zone E3): Am 2007 (600), Sch 2 [15] [37] [38]; 2019 (133), Sch 1 [8]. Renumbered 2021 (650), Sch 1[17]. Am 2021 (650), Sch 1[18]; 2022 (726), Sch 1[4] [5].

Zone C4 (previously Zone E4): Am 2007 (600), Sch 2 [15] [39] [40]; 2019 (133), Sch 1 [8]. Renumbered 2021 (650), Sch 1[19]. Am 2021 (650), Sch 1[20]; 2022 (726), Sch 1[4] [5].

Zone W4: Ins 2021 (650), Sch 1[23]. Am 2022 (726), Sch 1[4]

pt 3, direction: Rep 2007 (600), Sch 2 [49].

cl 3.1 (previously cl 16): Am 2007 (600), Sch 2 [50]. Renumbered 2007 (600), Sch 2 [182]. Am 2007 (600), Sch 2 [182]; 2010 (161), Sch 2 [14]–[17]; 2017 (453), Sch 1 [1] [2]; 2019 (620), Sch 2[10]; 2022 (71), Sch 1[4].

cl 3.2 (previously cl 17): Am 2007 (600), Sch 2 [51]–[54]. Renumbered 2007 (600), Sch 2 [182]. Am 2007 (600), Sch 2 [182]; 2009 (516), Sch 1 [1]; 2010 (161), Sch 2 [18] [19]; 2011 (102), Sch 2 [3] [28]; 2014 No 33, Sch 2.36 [4].

cl 3.3 (previously cl 18): Am 2007 (600), Sch 2 [55]. Renumbered 2007 (600), Sch 2 [182]. Am 2011 (102), Sch 2 [29]; 2017 (453), Sch 1 [3]; 2018 (105), Sch 1 [1]; 2019 (620), Sch 2[11].

cl 4.1 (previously cl 19): Subst 2007 (600), Sch 2 [56]. Renumbered 2007 (600), Sch 2 [182]. Am 2018 (154), cl 3 (1); 2021 No 6, Sch 5.17.

cl 4.1AA: Ins 2011 (102), Sch 2 [30]. Am 2011 (362), Sch 1 [10]; 2018 (154), cl 3 (2) (3); 2021 No 6, Sch 5.17.

cl 4.2 (previously cl 20): Renumbered 2007 (600), Sch 2 [182]. Am 2007 (600), Sch 2 [182]; 2011 (102), Sch 2 [3] [31]; 2019 (133), Sch 1 [15].

cl 4.3 (previously cl 21): Subst 2007 (600), Sch 2 [57]. Renumbered 2007 (600), Sch 2 [182].

cl 4.4 (previously cl 22): Subst 2007 (600), Sch 2 [58]. Renumbered 2007 (600), Sch 2 [182].

cl 4.5 (previously cl 23): Am 2007 (600), Sch 2 [59]. Renumbered 2007 (600), Sch 2 [182]. Am 2011 (102), Sch 2 [32].

cl 4.6 (previously cl 24): Am 2007 (600), Sch 2 [60] [61]. Renumbered 2007 (600), Sch 2 [182]. Am 2007 (600), Sch 2 [182]; 2010 (161), Sch 2 [20]; 2011 (102), Sch 2 [3] [31] [33]–[35]; 2015 No 15, Sch 3.54 [2]; 2019 (620), Sch 2[12]; 2021 (650), Sch 1[24]; 2021 (711), Sch 1[5]; 2023 (522), cl 3.

cl 5.1 (previously cl 25): Am 2007 (600), Sch 2 [62]. Renumbered 2007 (600), Sch 2 [182]. Am 2011 No 41, Sch 5.52; 2019 (620), Sch 2[13]–[15]; 2020 No 30, Sch 4.92; 2021 (650), Sch 1[25].

cl 5.2 (previously cl 27): Am 2007 (600), Sch 2 [64]–[67]. Renumbered 2007 (600), Sch 2 [182]. Am 2019 (620), Sch 2[11] [16].

cl 5.3 (previously cl 28): Renumbered 2007 (600), Sch 2 [182]. Am 2010 (161), Sch 2 [21] [22]; 2011 (102), Sch 2 [36] [37]; 2013 No 111, Sch 3.27 [2]; 2021 (650), Sch 1[26].

cl 5.4 (previously cl 28AA): Ins 2007 (600), Sch 2 [68]. Renumbered 2007 (600), Sch 2 [182]. Am 2008 No 62, Sch 2.52 [2]; 2009 No 56, Sch 2.60 [1]; 2011 (102), Sch 2 [38]–[40]; 2018 (404), Sch 1 [1]; 2018 (477), Sch 1 [5] [6]; 2020 (762), Sch 1[2]; 2021 (650), Sch 1[27], Sch 3[3]; 2022 (592), Sch 1[2] [3].

cl 5.5 (previously cl 32): Am 2007 (600), Sch 2 [72]–[77]. Renumbered 2007 (600), Sch 2 [182]. Am 2010 (161), Sch 2 [23]; 2011 (102), Sch 2 [41] [42]. Rep 2018 (105), Sch 1 [2]. Ins 2020 (762), Sch 1[3].

cl 5.6 (previously cl 32AA): Ins 2007 (600), Sch 2 [78]. Renumbered 2007 (600), Sch 2 [182]. Am 2007 (600), Sch 2 [182]; 2010 (161), Sch 2 [24]; 2011 (102), Sch 2 [3].

cl 5.7 (previously cl 33): Renumbered 2007 (600), Sch 2 [182].

cl 5.8 (previously cl 33AA): Ins 2007 (600), Sch 2 [79]. Renumbered 2007 (600), Sch 2 [182]. Am 2011 (102), Sch 2 [3] [43].

cl 5.9 (previously cl 34): Am 2007 (600), Sch 2 [80]. Renumbered 2007 (600), Sch 2 [182]. Am 2007 (600), Sch 2 [182]; 2011 (102), Sch 2 [44]–[50]; 2014 No 33, Sch 2.36 [5]. Rep 2017 (453), Sch 1 [4]. Ins 2021 (301), cl 3.

cl 5.9AA: Ins 2011 (102), Sch 2 [51]. Rep 2017 (453), Sch 1 [5].

cl 5.10 (previously cl 35): Am 2007 (600), Sch 2 [81]–[87]. Renumbered 2007 (600), Sch 2 [182]. Subst 2011 (102), Sch 2 [52]. Am 2011 (362), Sch 1 [11].

cl 5.11 (previously cl 36): Renumbered 2007 (600), Sch 2 [182]. Am 2011 (102), Sch 2 [3].

cl 5.12 (previously cl 38): Subst 2007 (600), Sch 2 [89]. Renumbered 2007 (600), Sch 2 [182]. Am 2010 (161), Sch 2 [25]; 2011 (102), Sch 2 [3] [53]; 2022 (71), Sch 1[5].

cl 5.13: Ins 2011 (102), Sch 2 [54]. Am 2013 No 111, Sch 3.27 [3] [4].

cl 5.14: Ins 2016 (309), Sch 1. Am 2019 (620), Sch 2[12].

cl 5.15: Ins 2016 (309), Sch 1.

cl 5.16: Ins 2019 (133), Sch 1 [16]. Am 2021 (650), Sch 1[28]–[32].

cl 5.17: Ins 2019 (133), Sch 1 [16]. Am 2022 (71), Sch 1[6]–[9].

cl 5.18: Ins 2019 (133), Sch 1 [16]. Am 2021 (650), Sch 1[33], Sch 3[4] [5] (am 2022 (726), Sch 2[2]); 2022 (592), Sch 1[4].

cl 5.19: Ins 2019 (133), Sch 1 [16]. Am 2021 (650), Sch 1[34]–[37].

cl 5.20: Ins 2020 No 40, Sch 7.

cl 5.21: Ins 2021 (226), Sch 1. Am 2023 (608), Sch 1[1] [2].

cl 5.22: Ins 2021 (226), Sch 1. Am 2023 (608), Sch 1[3]–[5].

cl 5.23: Ins 2022 (628), Sch 1[3].

cl 5.24: Ins 2022 (592), Sch 1[5].

cl 5.25: Ins 2022 (592), Sch 1[5].

whole instrument: Am 2007 (600), Sch 2 [1] (“or other relevant name” inserted after “Name of local government area” wherever occurring).

1Name of Order

This Order is the Standard Instrument (Local Environmental Plans) Order 2006.

2Purpose of Order

This Order prescribes the form and content of a principal local environmental plan for an area for the purposes of section 3.20 of the Environmental Planning and Assessment Act 1979.

Note.

Under section 3.20 of the Act, an environmental planning instrument may be made in the form of—

  • (a)

    a declaration that the applicable mandatory provisions of a standard instrument are adopted, and

  • (b)

    the prescription of matters required to be prescribed for the purposes of the application of the mandatory provisions, and

  • (c)

    the prescription of other permitted matters.

cl 2: Am 2019 (620), Sch 1[1] [2].

3The standard instrument

The standard instrument for a principal local environmental plan is the instrument set out at the end of this Order.

4Mandatory provisions of the standard instrument(1)

The mandatory provisions of the standard instrument prescribed by this Order are as follows—

  • (a)

    provisions identified in the standard instrument as compulsory provisions (whether in all cases or only those cases prescribed by the standard instrument),

  • (b)

    provisions identified in the standard instrument as optional provisions if a decision is made to adopt the provisions when the plan is made.

(2)

If an optional provision is to be adopted, it is to be adopted without variation (subject to any relevant direction in the standard instrument). An optional provision that is so adopted is the provision as in force under this standard instrument from time to time.

(3)

If a compulsory provision is not applicable because of the circumstances referred to in the heading to the provision, the number or other identifier of the provision is to be set out in the plan with the words “[Not applicable]” or words to the same effect.

(4)

If an optional provision is not to be adopted, the number or other identifier of the provision is to be set out in the plan with the words “[Not adopted]” or words to the same effect.

Note.

In the standard instrument, provisions are identified as “compulsory” (including in certain cases only) or “optional” by those words being placed in brackets in connection with the clause or other discrete provision or provisions concerned.

When the Order is amended to make changes to the mandatory provisions of the standard instrument, then any local environmental plan (or draft plan) that adopts those provisions will be automatically amended to reflect the changes (section 3.20(4) of the Act). When this happens existing plans on the NSW Legislation website will be updated.

In relation to the numbering of clauses, the standard instrument adopts a Part decimal numbering system. That is, each clause has 2 numbers separated by a decimal point, the first being the number of the Part in which the clause appears and the second being the appropriate consecutive number according to the position of the clause in the Part. For example, the first clause in Part 4 is clause 4.1 followed by clauses 4.2, 4.3 and so on, while Part 5 begins with clause 5.1 followed by clause 5.2 etc.

cl 4: Am 2007 (600), Sch 1 [1] [2]; 2019 (620), Sch 1[3].

4AOptional provisions may be compulsory in certain cases

An optional provision adopted with respect to a plan may include a statement that the provision is a compulsory provision for the purposes of this clause and in such a case the provision is taken to be a compulsory provision with respect to that plan.

cl 4A: Ins 2016 (309), cl 3.

5Additional provisions(1)

Additional provisions may be included in the plan, but only if they are not inconsistent with the mandatory provisions of the standard instrument and comply with any relevant directions in that instrument.

(2)

Additional provisions included in the plan are to be numbered in accordance with the usual protocol applicable to amendments made to existing Acts and statutory instruments to include additional provisions.

Note.

When the standard instrument is amended by a future Order to add a mandatory clause in Parts 1–5, the new clause will ordinarily be added at the end of the relevant Part with sequential numbering. However, if it is necessary to add a new mandatory clause between existing clauses of the standard instrument, it will have a number with double lettering (eg clauses 4.2AA and 4.2BB would appear between clauses 4.2 and 4.3). Only mandatory provisions added by an Order will use double lettering in this manner, and the same convention applies to any additional mandatory subclauses and paragraphs that are inserted in an existing clause. If a whole Part is added by an Order, it will also have double lettering (eg Part 5AA, with clauses starting at 5AA.1) so as to distinguish the Part from any additional non-mandatory (or local) Part that may be included in a local environmental plan that has adopted the standard instrument.

In the case of additional non-mandatory (or local) provisions of a local environmental plan that has adopted the standard instrument, an additional Part will ordinarily be added after Part 5 with a sequential Part number (eg Parts 6, 7 etc) and clauses in that Part will have sequential numbers (eg clauses 6.1, 6.2 or 7.1, 7.2 etc). However, if it is necessary to add a non-mandatory Part between any of the Parts of the standard instrument, it will have a number with single lettering (eg Part 4A, with clauses starting at clause 4A.1). Any additional non-mandatory clause that appears in Parts 1–5 will also be numbered with the letter “A” or “B” etc, whether it is included at the end of the mandatory Part or between clauses in a mandatory Part). Single lettering will also be used for additional non-mandatory subclauses, paragraphs or subparagraphs that are inserted in a mandatory clause in Parts 1–5.

cl 5: Am 2007 (600), Sch 1 [3]; 2010 (161), Sch 1.

6Requirements or guidance relating to form and content of plan(1)

The standard instrument prescribed by this Order contains directions relating to the form and content of the local environmental plan, which are to be given effect to according to their tenor but which are not to be reproduced in the plan.

(2)

Bracketed words in italics are to be replaced by the appropriate local provision indicated or required by the bracketed words.

7Land to which standard instruments apply(1)

A local environmental plan that adopts the standard instrument should apply to the whole of the land in the local government area concerned.

(2)

However, the Minister may make a local environmental plan that adopts the standard instrument and that applies only to part of the land in the local government area concerned if the Minister considers it appropriate to do so.

cl 7: Am 2007 (600), Sch 1 [4].

8Application of amending orders(1)

The amendments made by an amending order do not apply to or in respect of any development application that was made, but not determined, before the commencement of the amending order.

(2)

(Repealed)

(3)

In this clause—

amending order means an order under section 3.20 of the Act that amends the standard instrument prescribed by this Order.

cl 8: Ins 2007 (600), Sch 1 [5]. Am 2015 No 15, Sch 3.54 [1]; 2019 (620), Sch 1[2] [4].

9

Renumbered as Schedule 1, clause 1

Renumbered as Schedule 1, clause 1

cl 9: Ins 2011 (102), Sch 1. Am 2019 (620), Sch 1[2]. Renumbered as Sch 1, cl 1 2022 (726), Sch 3[2].

10

(Repealed)

cl 10: Ins 2021 (650), Sch 2. Rep 2022 (726), Sch 3[3].

11

Renumbered as Schedule 1, clause 7

Renumbered as Schedule 1, clause 7

cl 11: Ins 2022 (628), Sch 2. Renumbered as Sch 1, cl 7 2022 (726), Sch 3[4].

Schedule 1Savings, transitional and other provisionsPart 1Provision consequent on Standard Instrument (Local Environmental Plans) Amendment Order 20111Transitional provisions consequent on making of Standard Instrument (Local Environmental Plans) Amendment Order 2011(1)

The amendments made by the Standard Instrument (Local Environmental Plans) Amendment Order 2011 (the amending Order) to the standard instrument prescribed by this Order do not have effect in relation to any local environmental plan that was in force immediately before the commencement of the amending Order until 4 months after that commencement.

(2)

In any instrument or in any map adopted by an instrument, a reference to Zone RU4 Rural Small Holdings is taken to include a reference to Zone RU4 Primary Production Small Lots.

(3)

For the purposes of subclause (2), instrument means a local environmental plan made under section 3.20 of the Act or any other environmental planning instrument that adopts or refers to the land use zones under the standard instrument prescribed by this Order.

(4)

This clause does not limit the operation of clause 8.

Part 2Provisions consequent on Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 20212Preliminary(1)

In this Part—

document means an Act, statutory or other instrument, contract or agreement, and includes a document issued or made under or for the purposes of an Act or statutory or other instrument.

former zone means Zone B1, B2, B3, B4, B5, B6, B7, B8, IN1, IN2, IN3 or IN4.

new zone means Zone E1, E2, E3, E4, E5, MU1, SP4, SP5 or W4.

(2)

This Part does not limit the operation of clause 8.

3Conservation zones

In a document, a reference to a land use zone specified in Column 1 of the following table is taken to include a reference to a land use zone specified in Column 2—

Column 1

Column 2

Zone E1 National Parks and Nature Reserves

Zone C1 National Parks and Nature Reserves

Zone E2 Environmental Conservation

Zone C2 Environmental Conservation

Zone E3 Environmental Management

Zone C3 Environmental Management

Zone E4 Environmental Living

Zone C4 Environmental Living

4Equivalent zones

In a document other than a State environmental planning policy, a reference to a former zone under an environmental planning instrument is taken to include a reference to a new zone under the environmental planning instrument if—

  • (a)

    the Planning Secretary determines, by order published in the Gazette, that the former zone is substantially equivalent to the new zone, or

  • (b)

    if the Planning Secretary has not made a determination under paragraph (a) for the former zone—the consent authority determines that the former zone is substantially equivalent to the new zone.

5Continuation of permitted development

Development that is permitted with development consent on land in a former zone under a local environmental plan, as in force immediately before 26 April 2023, continues to be permitted with development consent on the land until 26 April 2025.

6Continuation of business and industrial zones(1)

Deniliquin Local Environmental Plan 2013 applies, until 26 April 2025, as if the Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021, Schedule 3[1]–[4] had not commenced.

(1A)

The standard instrument for Canterbury-Bankstown Local Environmental Plan 2023 is taken, until 26 April 2025, not to include the amendments made by the Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021, Schedule 3[1]–[5].

(2)

A local environmental plan specified in Column 1 of the following table is taken, until 26 April 2025, to apply to the land specified in Column 2 as if the relevant amendments had not commenced—

Column 1

Column 2

Inner West Local Environmental Plan 2022

Land identified as “DM–Camperdown Health and Education Precinct” or “DM–St Peters Triangle” on the Inner West Local Environmental Plan 2022 Land Zoning Map

Narrabri Local Environmental Plan 2012

Land identified as “Land subject to Narrabri Special Activation Precinct Process” on the Narrabri Local Environmental Plan 2012 Land Zoning Map

Port Stephens Local Environmental Plan 2013

Land identified as “Land subject to Williamtown Special Activation Precinct Process” on the Port Stephens Local Environmental Plan 2013 Land Zoning Map

(3)

In this clause—

relevant amendments, in relation to a local environmental plan, means—

  • (a)

    the amendments made by the Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021, Schedule 3[1]–[4], and

  • (b)

    the amendments made to the local environmental plan by one of the following—

    • (i)

      State Environmental Planning Policy Amendment (Land Use Zones) 2022,

    • (ii)

      State Environmental Planning Policy Amendment (Land Use Zones) (No 2) 2022,

    • (iii)

      State Environmental Planning Policy Amendment (Land Use Zones) (No 3) 2022,

    • (iv)

      State Environmental Planning Policy Amendment (Land Use Zones) (No 4) 2022,

    • (v)

      State Environmental Planning Policy Amendment (Land Use Zones) (No 5) 2022,

    • (vi)

      State Environmental Planning Policy Amendment (Land Use Zones) (No 6) 2022.

Part 3Provision consequent on Standard Instrument (Local Environmental Plans) Amendment (Canal Estate Development and Public Bushland) Order 20227Transitional provisions consequent on making of Standard Instrument (Local Environmental Plans) Amendment (Canal Estate Development and Public Bushland) Order 2022(1)

This clause applies to land at Lot 11, DP 870049 and Lot 11, DP 124295, Beach Road, Batemans Bay.

(2)

Canal estate development is permitted with development consent on land to which this clause applies.

(3)

The amendments made by the Standard Instrument (Local Environmental Plans) Amendment (Canal Estate Development and Public Bushland) Order 2022 to the standard instrument prescribed by this Order do not have effect to the extent that the amendments are inconsistent with subclause (2).

(4)

In this clause—

canal estate development has the same meaning as in the standard instrument prescribed by this Order.

Note—

This clause preserves the effect of Eurobodalla Local Environmental Plan 2012, clause 1.9(3) before the repeal of the subclause by State Environmental Planning Policy Amendment (Water Catchments) 2022.

Part 4Provision consequent on Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 20238Transitional provision consequent on making of Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2023(1)

In a document, a reference to the Floodplain Development Manual published by the NSW Government in April 2005 is taken to be a reference to the Flood Risk Management Manual, ISBN 978-1-923076-17-4, published by the NSW Government in June 2023.

(2)

In this clause—

document means an Act, statutory or other instrument, contract or agreement, and includes a document issued or made under or for the purposes of an Act or statutory or other instrument.

sch 1: Ins 2022 (726), Sch 3[1]. Am 2022 (726), Sch 3[5] [6]; 2023 (311), cl 3(1) (2); 2023 (368), cl 3; 2023 (608), Sch 2; 2023 (694), Sch 1; 2025 (120), Sch 1; 2025 (134), Sch 1.

sch 1: Am 2007 (600), Sch 2 [182].

[Name of local government area or other relevant name] Local Environmental Plan [Year]levelPart 1PreliminaryDirection.

In this standard instrument, provisions are identified as “compulsory” (including in certain cases only) or “optional” by those words being placed in brackets in connection with the clause or other discrete provision or provisions concerned. If an optional provision is adopted, it is to be adopted in the form (and in accordance with the directions) set out in this instrument. If an optional provision is not adopted, the number or other identifier of the provision is to be set out in the Plan with the words “Not adopted” or words to the same effect. If a compulsory provision is not applicable (because of the circumstances referred to in the heading to the provision), the number or other identifier of the provision is to be set out in the Plan with the words “Not applicable” or words to the same effect.

Any additional provisions (not inconsistent with the mandatory provisions) included in the Plan are generally to be included at the end of the Part, clause, subclause etc and are to be numbered in accordance with the usual protocol applicable to amendments made to existing Acts and statutory instruments.

1.1Name of Plan [compulsory]

This Plan is [Name of local government area or other relevant name] Local Environmental Plan [Year].

Direction—

If required, an additional name may be added in brackets before the year to distinguish the Plan from another Plan in the same local government area.

1.1AACommencement [compulsory]

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

Direction.

If required another date may be specified for commencement.

1.2Aims of Plan [compulsory](1)

This Plan aims to make local environmental planning provisions for land in [Name of local government area or other relevant name] in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.

(2)

The particular aims of this Plan are as follows—

  • (aa)

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

  • (a)

    [set out particular aims of the Plan]

1.3Land to which Plan applies [compulsory]

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

Direction.

The Land Application Map may be a separate map or be constituted by the outer boundary of the Land Zoning Map (by an annotation on that Map).

The Plan should wherever practicable apply to the whole of the local government area.

1.4Definitions [compulsory]

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

1.5Notes [compulsory]

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

1.6Consent authority [compulsory]

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

Direction.

If required another person or body may be specified as the consent authority for all or any particular kind of development.

1.7Maps [compulsory](1)

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

  • (a)

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

  • (b)

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

(1AA)

(Repealed)

(2)

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

(3)

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

(4)

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

Direction.

In order to effect a future rezoning of land subject to the Plan (or other change to a provision having effect by virtue of an adopted map), the amending local environmental plan (or other planning instrument) would not directly amend the Plan but merely declare that the relevant adopted map is amended by a named amending map.

Note.

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

1.8Repeal of planning instruments applying to land [compulsory](1)

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

Note. [compulsory if any local environmental plan is wholly repealed]

The following local environmental plans are repealed under this provision—

(2)

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

Direction.

Provision may also be included to repeal or amend specific instruments to reflect the operation of this clause.

1.9Application of SEPPs [compulsory](1)

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

(2)

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

Direction—

If a State environmental planning policy, or a provision of a policy, is not to apply to land to which this Plan applies, this Plan must list the policy or provision in subclause (2). This Plan must not include subclause (2) unless the Plan lists a policy or provision in the subclause.

Part 2Permitted or prohibited development2.1Land use zones [compulsory]

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

    RU6 Transition

  • Residential Zones

    R1 General Residential

    R2 Low Density Residential

    R3 Medium Density Residential

    R4 High Density Residential

    R5 Large Lot Residential

  • Employment Zones

    E1 Local Centre

    E2 Commercial Centre

    E3 Productivity Support

    E4 General Industrial

    E5 Heavy Industrial

  • Mixed Use Zones

    MU1 Mixed Use

  • Special Purpose Zones

    SP1 Special Activities

    SP2 Infrastructure

    SP3 Tourist

    SP4 Enterprise

    SP5 Metropolitan Centre

  • 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

Direction 1.

Additional zones or subzones are not to be prescribed.

Direction 2.

If the land to which the Plan applies does not include any of the above zones, the reference to the zone in this clause and the provisions relating to it in the Land Use Table in clause 2.3 may, but need not, be included.

2.2Zoning of land to which Plan applies [compulsory]

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

2.3Zone objectives and Land Use Table [compulsory](1)

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

  • (a)

    the objectives for development, and

  • (b)

    development that may be carried out without development consent, and

  • (c)

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

  • (d)

    development that is prohibited.

(2)

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

(3)

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

  • (a)

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

  • (b)

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

(4)

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

Notes.

Schedule 1 sets out additional permitted uses for particular land.

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

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

Clause 2.6 requires consent for subdivision of land.

Part 5 contains other provisions which require consent for particular development. [see—relevant clauses may be listed here].

2.4Unzoned land [compulsory](1)

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

(2)

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

  • (a)

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

  • (b)

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

2.5Additional permitted uses for particular land [compulsory](1)

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

  • (a)

    with development consent, or

  • (b)

    if the Schedule so provides—without development consent,

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

(2)

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

Direction 1.

While this clause and Schedule 1 are compulsory, it is not compulsory to include any items in the Schedule when the Plan is first made.

Direction 2.

A type of development may be included in Schedule 1 only if it is a type of development listed in Direction 5 at the beginning of the Land Use Table.

2.6Subdivision—consent requirements [compulsory](1)

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

Notes.

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

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

(2)

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

Note.

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

2.7Demolition requires development consent [compulsory]

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

Note.

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

2.8Temporary use of land [optional](1)

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

(2)

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

(3)

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

  • (a)

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

  • (b)

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

  • (c)

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

  • (d)

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

(4)

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

(5)

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

Direction.

Other specific exceptions to subclause (2) may be added.

2.9Canal estate development prohibited [compulsory](1)

Canal estate development is prohibited on land to which this Plan applies.

(2)

In this Plan, canal estate development means development that involves—

  • (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.

(3)

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.

(4)

In this clause—

flood planning area has the same meaning as in clause 5.21.

Land Use TableNote—

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

Note: Ins 2010 (161), Sch 2 [11]. Am 2011 (362), Sch 1 [5]; 2019 (133), Sch 1 [1]; 2021 (711), Sch 1[2]. Subst 2022 (71), Sch 1[3]. Am 2022 (628), Sch 1[2].

Directions: Am 2007 (600), Sch 2 [10]; 2010 (161), Sch 2 [12]; 2011 (102), Sch 2 [7]; 2011 No 62, Sch 2.31; 2013 No 111, Sch 3.27 [1]; 2017 (492), Sch 1 [1] [2]; 2018 (477), Sch 1 [1]; 2019 (620), Sch 2[4]–[7]; 2021 (650), Sch 1[6] [7]; 2021 (711), Sch 1[3]; 2022 (592), Sch 1[1]; 2022 (726), Sch 1[2] [3].

Direction 1.

Additional objectives may be included in a zone at the end of the listed objectives to reflect particular local objectives of development, but only if they are consistent with the core objectives for development in the zone as set out in the Land Use Table.

Direction 2.

Specified uses may be added to (but not removed from) the list of development that is permitted or prohibited in a zone. Additional uses may be added to an item of a zone even if some uses are already specified in that item. Additional permitted uses for particular land (but not all land in a particular zone) may be set out in Schedule 1.

Direction 3.

Items 2, 3 and 4 of each zone require a relevant entry to be inserted. The following may be entered—

  • (a)

    particular uses in alphabetical order,

  • (b)

    the word “Nil”,

  • (c)

    the words “Any development not specified in item [specify item number or numbers]”,

  • (d)

    particular uses in alphabetical order followed by the words “Any other development not specified in item [specify item number or numbers]”,

so long as all residual (ie non-specified) uses are covered.

Direction 4.

Respite day care centres must be permitted wherever a centre-based child care facility is permitted in the Land Use Table.

Direction 5.

Only the following types of development may be included in the Land Use Table—

  • Advertising structures; Agricultural produce industries; Agriculture; Agritourism; Air transport facilities; Airports; Airstrips; Amusement centres; Animal boarding or training establishments; Aquaculture; Artisan food and drink industries; Attached dwellings

    Backpackers’ accommodation; Bed and breakfast accommodation; Bee keeping; Biosolids treatment facilities; Boarding houses; Boat building and repair facilities; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Business premises

    Camping grounds; Car parks; Caravan parks; Cellar door premises; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Co-living housing; Commercial premises; Community facilities; Correctional centres; Creative industries; Crematoria

    Dairies (pasture-based); Dairies (restricted); Data centres; Depots; Dual occupancies; Dual occupancies (attached); Dual occupancies (detached); Dwelling houses

    Early education and care facilities; Eco-tourist facilities; Educational establishments; Electricity generating works; Emergency services facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Extensive agriculture; Extractive industries

    Farm buildings; Farm experience premises; Farm gate premises; Farm stay accommodation; Feedlots; Flood mitigation works; Food and drink premises; Forestry; Freight transport facilities; Function centres; Funeral homes

    Garden centres; General industries; Goods repair and reuse premises; Group homes; Group homes (permanent) or permanent group homes; Group homes (transitional) or transitional group homes

    Hardware and building supplies; Hazardous industries; Hazardous storage establishments; Health consulting rooms; Health services facilities; Heavy industrial storage establishments; Heavy industries; Helipads; Heliports; High technology industries; Highway service centres; Home-based child care; Home businesses; Home industries; Home occupations; Home occupations (sex services); Horticulture; Hospitals; Hostels; Hotel or motel accommodation

    Independent living units; Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture

    Jetties

    Kiosks

    Landscaping material supplies; Light industries; Liquid fuel depots; Livestock processing industries; Local distribution premises

    Marinas; Markets; Medical centres; Mooring pens; Moorings; Mortuaries; Multi dwelling housing

    Neighbourhood shops; Neighbourhood supermarkets

    Offensive industries; Offensive storage establishments; Office premises; Open cut mining; Oyster aquaculture

    Passenger transport facilities; Pig farms; Places of public worship; Plant nurseries; Pond-based aquaculture; Port facilities; Poultry farms; Primitive camping grounds; Public administration buildings; Pubs

    Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Residential care facilities; Residential flat buildings; Resource recovery facilities; Respite day care centres; Restaurants or cafes; Restricted premises; Retail premises; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings

    Sawmill or log processing works; School-based child care; Schools; Secondary dwellings; Self-storage units; Semi-detached dwellings; Seniors housing; Service stations; Serviced apartments; Sewage reticulation systems; Sewage treatment plants; Sewerage systems; Sex services premises; Shops; Shop top housing; Signage; Small bars; Specialised retail premises; Stock and sale yards; Storage premises

    Take away food and drink premises; Tank-based aquaculture; Timber yards; Tourist and visitor accommodation; Transport depots; Truck depots; Turf farming

    Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Viticulture

    Warehouse or distribution centres; Waste disposal facilities; Waste or resource management facilities; Waste or resource transfer stations; Water recreation structures; Water recycling facilities; Water reticulation systems; Water storage facilities; Water supply systems; Water treatment facilities; Wharf or boating facilities; Wholesale supplies

Direction 6.

A direction in this Land Use Table that requires a land use to be permitted with or without development consent in a particular zone is taken to be a direction that the land use be permitted with development consent but only—

  • (a)

    for the purposes of the automatic adoption of amendments to the mandatory provisions of this standard instrument by a local environmental plan that has adopted those mandatory provisions (a standard plan), and

  • (b)

    if the direction commences after the commencement of the standard plan.

Direction 7—

At least 1 type of commercial premises or health services facilities must be permitted wherever shop top housing is permitted in the Land Use Table.

Zone RU1Primary Production

Zone RU1: Am 2007 (600), Sch 2 [11] [12]; 2011 (102), Sch 2 [8] [9]; 2011 (362), Sch 1 [6]; 2019 (133), Sch 1 [2]; 2022 (726), Sch 1[4].

Direction.

The following must be permitted with or without development consent in this zone—

  • Environmental protection works

  • Farm buildings

  • Intensive livestock agriculture

  • Intensive plant agriculture

  • Roads

  • Roadside stalls

1Objectives of zone
  • 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.

2Permitted without consent

Extensive agriculture; Home occupations

3Permitted with consent

Aquaculture; Dwelling houses; Extractive industries; Open cut mining

4ProhibitedZone RU2Rural Landscape

Zone RU2: Am 2007 (600), Sch 2 [11] [13]; 2019 (133), Sch 1 [2]; 2022 (726), Sch 1[4].

Direction.

The following must be permitted with or without development consent in this zone—

  • Environmental protection works

  • Farm buildings

  • Roads

1Objectives of zone
  • To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

  • To maintain the rural landscape character of the land.

  • To provide for a range of compatible land uses, including extensive agriculture.

2Permitted without consent

Extensive agriculture; Home occupations

3Permitted with consent

Aquaculture; Dwelling houses

4ProhibitedZone RU3Forestry

Zone RU3: Am 2012 No 96, Sch 4.41 [1]; 2018 No 40, Sch 3.12 [1]; 2019 (133), Sch 1 [3]; 2022 (726), Sch 1[4].

Direction.

The following must be permitted with or without development consent in this zone—

  • Roads

1Objectives of zone
  • To enable development for forestry purposes.

  • To enable other development that is compatible with forestry land uses.

2Permitted without consent

Uses authorised under the Forestry Act 2012 or under Part 5B (Private native forestry) of the Local Land Services Act 2013

3Permitted with consent

Aquaculture

4ProhibitedZone RU4Primary Production Small Lots

Zone RU4: Am 2007 (600), Sch 2 [14]–[16]. Subst 2011 (102), Sch 2 [10]. Am 2019 (133), Sch 1 [2]; 2022 (726), Sch 1[4].

Direction.

The following must be permitted with or without development consent in this zone—

  • Extensive agriculture

  • Farm buildings

  • Intensive plant agriculture

  • Roads

  • Roadside stalls

1Objectives of zone
  • 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.

2Permitted without consent

Home occupations

3Permitted with consent

Aquaculture; Dwelling houses; Plant nurseries

4ProhibitedZone RU5Village

Zone RU5: Am 2007 (600), Sch 2 [15]; 2011 (102), Sch 2 [11]; 2017 (492), Sch 1 [3]; 2019 (133), Sch 1 [4] [5]; 2021 (650), Sch 1[8]; 2022 (726), Sch 1[4].

Direction.

The following must be permitted with or without development consent in this zone—

  • Roads

1Objectives of zone
  • To provide for a range of land uses, services and facilities that are associated with a rural village.

2Permitted without consent

Home occupations

3Permitted with consent

Centre-based child care facilities; Community facilities; Dwelling houses; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Schools; Tank-based aquaculture

4ProhibitedZone RU6Transition

Zone RU6: Am 2007 (600), Sch 2 [16]; 2011 (102), Sch 2 [12]; 2019 (133), Sch 1 [4] [5]; 2021 (650), Sch 1[9]; 2022 (726), Sch 1[4].

Direction.

The following must be permitted with or without development consent in this zone—

  • Roads

1Objectives of zone
  • To protect and maintain land that provides a transition between rural and other land uses of varying intensities or environmental sensitivities.

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

2Permitted without consent3Permitted with consent

Dwelling houses; Oyster aquaculture; Tank-based aquaculture

4ProhibitedZone R1General Residential

Zone R1: Am 2007 (600), Sch 2 [15] [17]; 2011 (102), Sch 2 [11]; 2017 (492), Sch 1 [3]; 2019 (133), Sch 1 [6]; 2022 (726), Sch 1[4].

Direction.

The following must be permitted with or without development consent in this zone—

  • Roads

1Objectives of zone
  • To provide for the housing needs of the community.

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

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

2Permitted without consent

Home occupations

3Permitted with consent

Attached dwellings; Boarding houses; Centre-based child care facilities; Community facilities; Dwelling houses; Group homes; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Residential flat buildings; Respite day care centres; Semi-detached dwellings; Seniors housing; Shop top housing; Tank-based aquaculture

4ProhibitedZone R2Low Density Residential

Zone R2: Am 2007 (600), Sch 2 [15]; 2009 (362), cl 3 (1); 2017 (492), Sch 1 [4]; 2019 (133), Sch 1 [7]; 2021 (711), Sch 1[4]; 2022 (726), Sch 1[4].

Direction.

The following must be permitted with or without development consent in this zone—

  • Roads

1Objectives of zone
  • To provide for the housing needs of the community within a low density residential environment.

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

2Permitted without consent

Home occupations

3Permitted with consent

Centre-based child care facilities; Dwelling houses; Group homes; Oyster aquaculture; Pond-based aquaculture; Respite day care centres; Tank-based aquaculture

4ProhibitedZone R3Medium Density Residential

Zone R3: Am 2007 (600), Sch 2 [18]; 2011 (102), Sch 2 [11]; 2017 (492), Sch 1 [3]; 2019 (133), Sch 1 [4] [5]; 2021 (650), Sch 1[10]; 2022 (726), Sch 1[4].

Direction.

The following must be permitted with or without development consent in this zone—

  • Roads

1Objectives of zone
  • To provide for the housing needs of the community within a medium density residential environment.

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

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

2Permitted without consent3Permitted with consent

Attached dwellings; Boarding houses; Centre-based child care facilities; Community facilities; Group homes; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Respite day care centres; Seniors housing; Tank-based aquaculture

4ProhibitedZone R4High Density Residential

Zone R4: Am 2009 (362), cl 3 (2); 2011 (102), Sch 2 [11]; 2017 (492), Sch 1 [3]; 2019 (133), Sch 1 [9] [10]; 2021 (650), Sch 1[11]; 2022 (726), Sch 1[4].

Direction.

The following must be permitted with or without development consent in this zone—

  • Roads

1Objectives of zone
  • To provide for the housing needs of the community within a high density residential environment.

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

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

2Permitted without consent3Permitted with consent

Boarding houses; Centre-based child care facilities; Community facilities; Neighbourhood shops; Oyster aquaculture; Places of public worship; Residential flat buildings; Respite day care centres; Shop top housing

4ProhibitedZone R5Large Lot Residential

Zone R5: Am 2007 (600), Sch 2 [15] [16] [19]; 2011 (102), Sch 2 [9] [13]; 2019 (133), Sch 1 [8]; 2022 (726), Sch 1[4].

Direction.

The following must be permitted with or without development consent in this zone—

  • Roads

1Objectives of zone
  • To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.

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

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

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

2Permitted without consent

Home occupations

3Permitted with consent

Dwelling houses; Oyster aquaculture; Pond-based aquaculture; Tank-based aquaculture

4ProhibitedZone E1Local Centre

Zone E1: Ins 2021 (650), Sch 1[12]. Am 2022 (726), Sch 1[4] [6].

Direction—

The following must be permitted with or without development consent in this zone—

  • Building identification signs

  • Business identification signs

  • Home businesses

  • Home industries

  • Home occupations

  • Recreation areas

  • Roads

1Objectives of zone
  • 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.

2Permitted without consent3Permitted with consent

Amusement centres; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; 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; Shop top housing; Tank-based aquaculture; Veterinary hospitals

4ProhibitedZone E2Commercial Centre

Zone E2: Ins 2021 (650), Sch 1[12]. Am 2022 (726), Sch 1[4] [7] [8].

Direction—

The following must be permitted with or without development consent in this zone—

  • Building identification signs

  • Business identification signs

  • Home businesses

  • Home industries

  • Home occupations

  • Roads

1Objectives of zone
  • 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.

2Permitted without consent3Permitted with consent

Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; 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; Tank-based aquaculture; Vehicle repair stations; Veterinary hospitals

4ProhibitedZone E3Productivity Support

Zone E3: Ins 2021 (650), Sch 1[12]. Am 2022 (726), Sch 1[4].

Direction—

The following must be permitted with or without development consent in this zone—

  • Building identification signs

  • Business identification signs

  • Home industries

  • Roads

1Objectives of zone
  • 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.

2Permitted without consent3Permitted with consent

Animal boarding or training establishments; Boat building and repair facilities; 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; 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; 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

4ProhibitedZone E4General Industrial

Zone E4: Ins 2021 (650), Sch 1[12]. Am 2022 (726), Sch 1[4].

Direction—

The following must be permitted with or without development consent in this zone—

  • Building identification signs

  • Business identification signs

  • Roads

1Objectives of zone
  • 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.

2Permitted without consent3Permitted with consent

Depots; Freight transport facilities; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Industrial retail outlets; Industrial training facilities; Light industries; Local distribution premises; Neighbourhood shops; Oyster aquaculture; Take away food and drink premises; Tank-based aquaculture; Warehouse or distribution centres

4ProhibitedZone E5Heavy IndustrialDirection—

The following must be permitted with or without development consent in this zone—

  • Building identification signs

  • Business identification signs

  • Roads

1Objectives of zone
  • To provide areas for industries that need to be separated from other 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.

2Permitted without consent3Permitted with consent

Data centres; Depots; Freight transport facilities; General industries; Hazardous storage establishments; Heavy industries; Industrial training facilities; Offensive storage establishments; Oyster aquaculture; Tank-based aquaculture; Warehouse or distribution centres

4ProhibitedZone MU1Mixed UseDirection—

The following must be permitted with or without development consent in this zone—

  • Building identification signs

  • Business identification signs

  • Home industries

  • Roads

1Objectives of zone
  • 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.

2Permitted without consent3Permitted with consent

Amusement centres; Boarding houses; 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; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations

4ProhibitedZone SP1Special Activities

Zone SP1: Am 2007 (600), Sch 2 [22]; 2019 (133), Sch 1 [11]; 2019 (620), Sch 2[8] [9].

1Objectives of zone
  • To provide for special land uses that are not provided for in other zones.

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

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

2Permitted without consent3Permitted with consent

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

4ProhibitedZone SP2Infrastructure

Zone SP2: Am 2019 (133), Sch 1 [12]; 2022 (726), Sch 1[4].

Direction.

The following must be permitted with or without development consent in this zone—

  • Aquaculture

  • Roads

1Objectives of zone
  • To provide for infrastructure and related uses.

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

2Permitted without consent3Permitted with consent

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

4ProhibitedZone SP3Tourist

Zone SP3: Am 2019 (133), Sch 1 [2]; 2022 (726), Sch 1[4].

Direction.

The following must be permitted with or without development consent in this zone—

  • Roads

1Objectives of zone
  • To provide for a variety of tourist-oriented development and related uses.

2Permitted without consent3Permitted with consent

Aquaculture; Food and drink premises; Tourist and visitor accommodation

4ProhibitedZone SP4EnterpriseDirection—

The following must be permitted with or without development consent in this zone—

  • Roads

1Objectives of zone
  • To provide for development and land uses that support enterprise and productivity.

2Permitted without consent3Permitted with consent

Building identification signs; Business identification signs; Take away food and drink premises

4ProhibitedZone SP5Metropolitan CentreDirection 1—

This zone may only be used in the following local government areas—

  • City of Sydney

  • North Sydney

Direction 2—

The following must be permitted with or without development consent in this zone—

  • Roads

1Objectives of zone
  • To recognise and provide for the pre-eminent role of business, office, retail, entertainment and tourist premises in Australia’s participation in the global economy.

  • To provide opportunities for an intensity of land uses commensurate with Sydney’s global status.

  • To permit a diversity of compatible land uses that are characteristic of Sydney’s global status and that serve the workforce, visitors and wider community.

2Permitted without consent3Permitted with consent

Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Information and education facilities; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Tank-based aquaculture; Tourist and visitor accommodation

4ProhibitedZone RE1Public Recreation

Zone RE1: Am 2007 (600), Sch 2 [31]; 2019 (133), Sch 1 [2]; 2022 (726), Sch 1[4].

Direction.

The following must be permitted with or without development consent in this zone—

  • Environmental facilities

  • Environmental protection works

  • Roads

1Objectives of zone
  • To enable land to be used for public open space or recreational purposes.

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

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

2Permitted without consent3Permitted with consent

Aquaculture; Kiosks; Recreation areas

4Prohibited

Any development not specified in item 2 or 3

Zone RE2Private Recreation

Zone RE2: Am 2019 (133), Sch 1 [2]; 2022 (726), Sch 1[4].

Direction.

The following must be permitted with or without development consent in this zone—

  • Environmental facilities

  • Environmental protection works

  • Roads

1Objectives of zone
  • To enable land to be used for private open space or recreational purposes.

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

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

2Permitted without consent3Permitted with consent

Aquaculture; Community facilities; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor)

4ProhibitedZone C1National Parks and Nature Reserves1Objectives of zone
  • To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.

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

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

2Permitted without consent

Uses authorised under the National Parks and Wildlife Act 1974

3Permitted with consent

Nil

4Prohibited

Any development not specified in item 2 or 3

Zone C2Environmental ConservationDirection.

The following must be permitted with or without development consent in this zone—

  • Environmental protection works

1Objectives of zone
  • To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.

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

2Permitted without consent3Permitted with consent

Oyster aquaculture

4Prohibited

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

Zone C3Environmental ManagementDirection.

The following must be permitted with or without development consent in this zone—

  • Environmental protection works

  • Roads

Home industries, kiosks, cellar door premises, neighbourhood shops and roadside stalls may, but need not be, permitted with development consent.

1Objectives of zone
  • To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.

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

2Permitted without consent

Home occupations

3Permitted with consent

Dwelling houses; Oyster aquaculture; Pond-based aquaculture; Tank-based aquaculture

4Prohibited

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

Zone C4Environmental LivingDirection.

The following must be permitted with or without development consent in this zone—

  • Environmental protection works

  • Roads

Home industries may, but need not be, permitted with development consent.

1Objectives of zone
  • To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.

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

2Permitted without consent

Home occupations

3Permitted with consent

Dwelling houses; Oyster aquaculture; Pond-based aquaculture; Tank-based aquaculture

4Prohibited

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

Zone W1Natural Waterways

Zone W1: Am 2007 (600), Sch 2 [41] [42]; 2010 (161), Sch 2 [13]; 2011 (102), Sch 2 [26]; 2019 (133), Sch 1 [3]; 2021 (650), Sch 1[21]; 2022 (726), Sch 1[4].

Direction.

The following must be permitted with or without development consent in this zone—

  • Environmental facilities

  • Environmental protection works

1Objectives of zone
  • To protect the ecological and scenic values of natural waterways.

  • To prevent development that would have an adverse effect on the natural values of waterways in this zone.

  • To provide for sustainable fishing industries and recreational fishing.

2Permitted without consent3Permitted with consent

Aquaculture

4Prohibited

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

Zone W2Recreational Waterways

Zone W2: Am 2007 (600), Sch 2 [41] [43]–[45]; 2010 (161), Sch 2 [13]; 2019 (133), Sch 1 [2]; 2021 (650), Sch 1[22]; 2022 (726), Sch 1[4].

Direction.

The following must be permitted with or without development consent in this zone—

  • Boat sheds

  • Environmental facilities

  • Environmental protection works

  • Water recreation structures

1Objectives of zone
  • 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.

2Permitted without consent3Permitted with consent

Aquaculture; Kiosks; Marinas

4Prohibited

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

Zone W3Working Waterways

Zone W3: Am 2007 (600), Sch 2 [45]–[48]; 2011 (102), Sch 2 [25] [27]; 2019 (133), Sch 1 [2]; 2022 (726), Sch 1[4].

Direction.

The following must be permitted with or without development consent in this zone—

  • Boat sheds

  • Environmental facilities

  • Environmental protection works

  • Water recreation structures

1Objectives of zone
  • 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.

2Permitted without consent3Permitted with consent

Aquaculture; Boat building and repair facilities; Port facilities; Wharf or boating facilities

4Prohibited

Any development not specified in item 2 or 3

Zone W4Working WaterfrontDirection—

The following must be permitted with or without development consent in this zone—

  • Roads

1Objectives of zone
  • 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.

2Permitted without consent3Permitted with consent

Aquaculture; Boat building and repair facilities; Boat launching ramps; Jetties; Light industries

4ProhibitedPart 3Exempt and complying development3.1Exempt development [compulsory](1)

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

(2)

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

(3)

To be exempt development, the development—

  • (a)

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

  • (b)

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

  • (c)

    must not be designated development, and

  • (d)

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

  • (e)

    (Repealed)

(4)

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

  • (a)

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

  • (b)

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

(5)

To be exempt development, the development must—

  • (a)

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

  • (b)

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

Note—

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

(6)

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

3.2Complying development [compulsory](1)

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

(2)

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

  • (a)

    the development standards specified in relation to that development, and

  • (b)

    the requirements of this Part,

is complying development.

Note.

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

(3)

To be complying development, the development must—

  • (a)

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

  • (b)

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

  • (c)

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

(4)

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

(5)

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

3.3Environmentally sensitive areas excluded [compulsory](1)

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

(2)

For the purposes of this clause—

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

  • (a)

    the coastal waters of the State,

  • (b)

    a coastal lake,

  • (c)

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

  • (d)

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

  • (e)

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

  • (f)

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

  • (g)

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

  • (h)

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

  • (i)

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

  • (j)

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

Direction.

Additional areas may be added to this list.

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

The objectives of this clause are as follows—

  • (a)

    [set out objectives of the clause]

(2)

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

(3)

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

Direction.

An exception to the minimum size shown on the Lot Size Map may be provided in certain circumstances, for example, in the case of land that is to be used for attached dwellings.

(4)

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

  • (a)

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

  • (b)

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

4.1AAMinimum subdivision lot size for community title schemes [optional if clause 4.1 is adopted](1)

The objectives of this clause are as follows—

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

Note.

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

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

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

  • (a)

    retention structures, and

  • (b)

    treatment works, and

  • (c)

    irrigation schemes.

Note.

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

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

Note.

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

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

Note.

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

water supply system means any of the following—

  • (a)

    a water reticulation system,

  • (b)

    a water storage facility,

  • (c)

    a water treatment facility,

  • (d)

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

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

Note.

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

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

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

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

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

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

wetland means—

  • (a)

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

  • (b)

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

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

  • (a)

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

  • (b)

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

  • (c)

    wharves for commercial fishing operations,

  • (d)

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

  • (e)

    sea walls or training walls,

  • (f)

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

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

Historical notesTable of amending instruments

Standard Instrument (Local Environmental Plans) Order 2006 (155). GG No 42 of 31.3.2006, p 1879. Date of commencement, on gazettal. This Order has been amended as follows—

2006

(538)

Standard Instrument (Local Environmental Plans) Amendment Order 2006. GG No 111 of 1.9.2006, p 7754.

Date of commencement, on gazettal.

2007

(600)

Standard Instrument (Local Environmental Plans) Amendment Order 2007. GG No 182 of 14.12.2007, p 9557.

Date of commencement, 1.1.2008, cl 2.

2008

No 36

Environmental Planning and Assessment Amendment Act 2008. Assented to 25.6.2008.

Date of commencement of Sch 5.7, 26.10.2009, sec 2 and 2009 (509) LW 23.10.2009.

No 39

Filming Related Legislation Amendment Act 2008. Assented to 25.6.2008.

Date of commencement, 30.3.2009, sec 2 and 2009 (103) LW 27.3.2009.

No 62

Statute Law (Miscellaneous Provisions) Act 2008. Assented to 1.7.2008.

Date of commencement of Sch 2.52, 1.1.2008, Sch 2.52.

No 114

Statute Law (Miscellaneous Provisions) Act (No 2) 2008. Assented to 10.12.2008.

Date of commencement of Sch 2.28, assent, sec 2 (2).

2009

No 56

Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009.

Date of commencement of Sch 2.60, 17.7.2009, sec 2 (2).

(362)

Standard Instrument (Local Environmental Plans) Amendment (Affordable Rental Housing) Order 2009. LW 31.7.2009.

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

(516)

Standard Instrument (Local Environmental Plans) Amendment (Entertainment Venues) Order 2009. LW 23.10.2009.

Date of commencement, 26.10.2009, cl 2. Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 2009 No 106. Assented to 14.12.2009. Date of commencement of Sch 2, 8.1.2010, sec 2 (2).

2010

(161)

Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2010. LW 30.4.2010.

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

2011

(82)

Standard Instrument (Local Environmental Plans) Amendment (Zone B8 Metropolitan Centre) Order 2011. LW 23.2.2011.

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

(102)

Standard Instrument (Local Environmental Plans) Amendment Order 2011. LW 25.2.2011.

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

(362)

Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2011. LW 13.7.2011.

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

No 41

Transport Legislation Amendment Act 2011. Assented to 13.9.2011.

Date of commencement of Sch 5.52, 1.11.2011, sec 2 and 2011 (559) LW 28.10.2011.

No 62

Statute Law (Miscellaneous Provisions) Act (No 2) 2011. Assented to 16.11.2011.

Date of commencement of Sch 2.31, 6.1.2012, sec 2 (1).

2012

(506)

Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2012. LW 5.10.2012.

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

No 96

Forestry Act 2012. Assented to 21.11.2012.

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

2013

No 5

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

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

No 111

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

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

2014

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.

2015

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).

2016

(43)

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

Date of commencement, 27.1.2016, cl 2.

(126)

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

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

(309)

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

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

2017

(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.

2018

(105)

Standard Instrument (Local Environmental Plans) Amendment (Coastal Management) Order 2018. LW 23.3.2018.

Date of commencement, 3.4.2018, cl 2.

(131)

Standard Instrument (Local Environmental Plans) Amendment (Low Rise Medium Density Housing) Order 2017. LW 6.4.2018.

The Order was not commenced and was repealed by the Standard Instrument (Local Environmental Plans) Amendment (Low Rise Medium Density Housing) Repeal Order 2018.

(154)

Standard Instrument (Local Environmental Plans) Amendment (Minimum Subdivision Lot Size) Order 2018. LW 20.4.2018.

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

No 40

Forestry Legislation Amendment Act 2018. Assented to 27.6.2018.

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

(404)

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

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

(405)

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

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

(477)

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

Date of commencement, 31.8.2018, cl 2.

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.

(717)

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

Date of commencement, 10.12.2018, cl 2.

2019

(133)

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

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

(620)

Standard Instrument (Local Environmental Plans) Amendment Order 2019. LW 13.12.2019.

Date of commencement, 15.1.2020, cl 2.

2020

(155)

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

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

No 30

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

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

(636)

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

Date of commencement, 28.10.2020, cl 2.

No 40

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

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

(762)

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

Date of commencement, 1.2.2021, cl 2.

2021

No 6

Community Land Development Act 2021. Assented to 26.3.2021.

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

(226)

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

Date of commencement, 14.7.2021, cl 2.

(301)

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

Date of commencement, 23.6.2021, cl 2.

(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.

2022

(71)

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

Date of commencement, 9.3.2022, cl 2.

(592)

Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2022. LW 6.10.2022.

Date of commencement, 1.12.2022, 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.

(726)

Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022. LW 30.11.2022.

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

2023

(311)

Standard Instrument (Local Environmental Plans) Amendment (Canterbury-Bankstown) Order 2023. LW 16.6.2023.

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

(368)

Standard Instrument (Local Environmental Plans) Amendment (Willoughby) Order 2023. LW 30.6.2023.

Date of commencement, on publication on LW, cl 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.

(608)

Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2023. LW 10.11.2023.

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

(694)

Standard Instrument (Local Environmental Plans) Amendment (Albury) Order 2023. LW 15.12.2023.

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

2025

(120)

Standard Instrument (Local Environmental Plans) Amendment (Richmond Valley) Order 2025. LW 21.3.2025.

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

(134)

Standard Instrument (Local Environmental Plans) Amendment (Queanbeyan-Palerang) Order 2025. LW 28.3.2025.

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.

Table of amendments

Cl 2

Am 2019 (620), Sch 1[1] [2].

Cl 4

Am 2007 (600), Sch 1 [1] [2]; 2019 (620), Sch 1[3].

Cl 4A

Ins 2016 (309), cl 3.

Cl 5

Am 2007 (600), Sch 1 [3]; 2010 (161), Sch 1.

Cl 7

Am 2007 (600), Sch 1 [4].

Cl 8

Ins 2007 (600), Sch 1 [5]. Am 2015 No 15, Sch 3.54 [1]; 2019 (620), Sch 1[2] [4].

Cl 9

Ins 2011 (102), Sch 1. Am 2019 (620), Sch 1[2]. Renumbered as Sch 1, cl 1 2022 (726), Sch 3[2].

Cl 10

Ins 2021 (650), Sch 2. Rep 2022 (726), Sch 3[3].

Cl 11

Ins 2022 (628), Sch 2. Renumbered as Sch 1, cl 7 2022 (726), Sch 3[4].

Sch 1

Ins 2022 (726), Sch 3[1]. Am 2022 (726), Sch 3[5] [6]; 2023 (311), cl 3(1) (2); 2023 (368), cl 3; 2023 (608), Sch 2; 2023 (694), Sch 1; 2025 (120), Sch 1; 2025 (134), Sch 1.

Standard Instrument

For information concerning the standard instrument before the commencement of 2007 (600), see the Historical table of amendments in the Legislative history.

Cl 1.1 (previously cl 1)

Renumbered 2007 (600), Sch 2 [182]. Am 2020 (762), Sch 1[1].

Cl 1.1AA

Ins 2010 (161), Sch 2 [1].

Cl 1.2 (previously cl 2)

Renumbered 2007 (600), Sch 2 [182]. Am 2019 (620), Sch 2[1]; 2020 No 40, Sch 4.6.

Cl 1.3 (previously cl 3)

Am 2007 (600), Sch 1 [2]. Renumbered 2007 (600), Sch 2 [182].

Cl 1.4 (previously cl 4)

Renumbered 2007 (600), Sch 2 [182].

Cl 1.5 (previously cl 5)

Renumbered 2007 (600), Sch 2 [182].

Cl 1.6 (previously cl 6)

Renumbered 2007 (600), Sch 2 [182].

Cl 1.7 (previously cl 7)

Am 2007 (600), Sch 2 [3]–[7]. Renumbered 2007 (600), Sch 2 [182]. Am 2010 (161), Sch 2 [2]; 2011 (362), Sch 1 [1]; 2014 No 33, Sch 2.36 [1]; 2016 (43), cl 3; 2018 (717), cl 3 (1) (2); 2021 (711), Sch 1[1].

Cl 1.8 (previously cl 8)

Renumbered 2007 (600), Sch 2 [182]. Am 2010 (161), Sch 2 [3]; 2011 (102), Sch 2 [1].

Cl 1.9 (previously cl 9)

Am 2007 (600), Sch 2 [8]. Renumbered 2007 (600), Sch 2 [182]. Am 2008 No 114, Sch 2.28 [1]; 2010 (161), Sch 2 [4]–[7]; 2014 No 33, Sch 2.36 [2]; 2014 (513), cl 3; 2019 (620), Sch 2[2]; 2022 (71), Sch 1[1] [2].

Cl 2.1 (previously cl 10)

Renumbered 2007 (600), Sch 2 [182]. Am 2007 (600), Sch 2 [182]; 2010 (161), Sch 2 [8]; 2011 (82), Sch 1 [1]; 2011 (102), Sch 2 [2]; 2021 (650), Sch 1[1]–[5], Sch 3[1]; 2022 (726), Sch 1[1].

Cl 2.2 (previously cl 11)

Renumbered 2007 (600), Sch 2 [182].

Cl 2.3 (previously cl 12)

Renumbered 2007 (600), Sch 2 [182]. Am 2007 (600), Sch 2 [182]; 2010 (161), Sch 2 [9]; 2011 (102), Sch 2 [3]; 2019 (620), Sch 2[3].

Cl 2.4 (previously cll 13)

Renumbered 2007 (600), Sch 2 [182]. Am 2011 (102), Sch 2 [3] [4]; 2014 No 33, Sch 2.36 [3].

Cl 2.5 (previously cl 14)

Renumbered 2007 (600), Sch 2 [182]. Am 2011 (102), Sch 2 [3]; 2011 (362), Sch 1 [2] [3].

Cl 2.6 (previously cl 15)

Am 2007 (600), Sch 2 [9]. Renumbered 2007 (600), Sch 2 [182]. Subst 2011 (102), Sch 2 [5]. Am 2011 (362), Sch 1 [4].

Cl 2.7 (previously cl 2.6AA)

Ins 2010 (161), Sch 2 [10]. Am 2011 (102), Sch 2 [3]. Renumbered 2011 (102), Sch 2 [6].

Cl 2.8 (previously cl 2.6BB)

Ins 2010 (161), Sch 2 [10]. Renumbered 2011 (102), Sch 2 [6].

Cl 2.9

Ins 2022 (628), Sch 1[1].

Land Use Table

Note

Ins 2010 (161), Sch 2 [11]. Am 2011 (362), Sch 1 [5]; 2019 (133), Sch 1 [1]; 2021 (711), Sch 1[2]. Subst 2022 (71), Sch 1[3]. Am 2022 (628), Sch 1[2].

Directions

Am 2007 (600), Sch 2 [10]; 2010 (161), Sch 2 [12]; 2011 (102), Sch 2 [7]; 2011 No 62, Sch 2.31; 2013 No 111, Sch 3.27 [1]; 2017 (492), Sch 1 [1] [2]; 2018 (477), Sch 1 [1]; 2019 (620), Sch 2[4]–[7]; 2021 (650), Sch 1[6] [7]; 2021 (711), Sch 1[3]; 2022 (592), Sch 1[1]; 2022 (726), Sch 1[2] [3].

Zone RU1

Am 2007 (600), Sch 2 [11] [12]; 2011 (102), Sch 2 [8] [9]; 2011 (362), Sch 1 [6]; 2019 (133), Sch 1 [2]; 2022 (726), Sch 1[4].

Zone RU2

Am 2007 (600), Sch 2 [11] [13]; 2019 (133), Sch 1 [2]; 2022 (726), Sch 1[4].

Zone RU3

Am 2012 No 96, Sch 4.41 [1]; 2018 No 40, Sch 3.12 [1]; 2019 (133), Sch 1 [3]; 2022 (726), Sch 1[4].

Zone RU4

Am 2007 (600), Sch 2 [14]–[16]. Subst 2011 (102), Sch 2 [10]. Am 2019 (133), Sch 1 [2]; 2022 (726), Sch 1[4].

Zone RU5

Am 2007 (600), Sch 2 [15]; 2011 (102), Sch 2 [11]; 2017 (492), Sch 1 [3]; 2019 (133), Sch 1 [4] [5]; 2021 (650), Sch 1[8]; 2022 (726), Sch 1[4].

Zone RU6

Am 2007 (600), Sch 2 [16]; 2011 (102), Sch 2 [12]; 2019 (133), Sch 1 [4] [5]; 2021 (650), Sch 1[9]; 2022 (726), Sch 1[4].

Zone R1

Am 2007 (600), Sch 2 [15] [17]; 2011 (102), Sch 2 [11]; 2017 (492), Sch 1 [3]; 2019 (133), Sch 1 [6]; 2022 (726), Sch 1[4].

Zone R2

Am 2007 (600), Sch 2 [15]; 2009 (362), cl 3 (1); 2017 (492), Sch 1 [4]; 2019 (133), Sch 1 [7]; 2021 (711), Sch 1[4]; 2022 (726), Sch 1[4].

Zone R3

Am 2007 (600), Sch 2 [18]; 2011 (102), Sch 2 [11]; 2017 (492), Sch 1 [3]; 2019 (133), Sch 1 [4] [5]; 2021 (650), Sch 1[10]; 2022 (726), Sch 1[4].

Zone R4

Am 2009 (362), cl 3 (2); 2011 (102), Sch 2 [11]; 2017 (492), Sch 1 [3]; 2019 (133), Sch 1 [9] [10]; 2021 (650), Sch 1[11]; 2022 (726), Sch 1[4].

Zone R5

Am 2007 (600), Sch 2 [15] [16] [19]; 2011 (102), Sch 2 [9] [13]; 2019 (133), Sch 1 [8]; 2022 (726), Sch 1[4].

Zone E1

Ins 2021 (650), Sch 1[12]. Am 2022 (726), Sch 1[4] [6].

Zone E2

Ins 2021 (650), Sch 1[12]. Am 2022 (726), Sch 1[4] [7] [8].

Zone E3

Ins 2021 (650), Sch 1[12]. Am 2022 (726), Sch 1[4].

Zone E4

Ins 2021 (650), Sch 1[12]. Am 2022 (726), Sch 1[4].

Zone E5

Ins 2021 (650), Sch 1[12]. Am 2022 (726), Sch 1[4].

Zone MU1

Ins 2021 (650), Sch 1[12]. Am 2022 (726), Sch 1[4] [9].

Zone B1

Am 2007 (600), Sch 2 [20]–[22]; 2009 (362), cl 3 (3); 2011 (102), Sch 2 [14]; 2017 (492), Sch 1 [3]; 2018 (477), Sch 1 [2]; 2019 (133), Sch 1 [4] [5]. Rep 2021 (650), Sch 3[2].

Zone B2

Am 2007 (600), Sch 2 [21] [22]; 2009 (362), cl 3 (3); 2011 (102), Sch 2 [15]; 2017 (492), Sch 1 [3]; 2019 (133), Sch 1 [4] [5]. Rep 2021 (650), Sch 3[2].

Zone B3

Am 2007 (600), Sch 2 [21]–[23]; 2011 (102), Sch 2 [15]; 2017 (492), Sch 1 [3]; 2019 (133), Sch 1 [4] [5]. Rep 2021 (650), Sch 3[2].

Zone B4

Am 2007 (600) Sch 2 [24]; 2011 (102), Sch 2 [15]; 2017 (492), Sch 1 [3]; 2019 (133), Sch 1 [4] [5]. Rep 2021 (650), Sch 3[2].

Zone B5

Am 2007 (600), Sch 2 [25] [26]; 2011 (102), Sch 2 [16] [17]; 2017 (492), Sch 1 [3]; 2018 (477), Sch 1 [3] [4]; 2019 (133), Sch 1 [4] [5]. Rep 2021 (650), Sch 3[2].

Zone B6

Am 2007 (600), Sch 2 [27]–[29]; 2011 (102), Sch 2 [18]–[20]; 2011 (362), Sch 1 [7]; 2019 (133), Sch 1 [4] [5]. Rep 2021 (650), Sch 3[2].

Zone B7

Am 2011 (102), Sch 2 [11]; 2017 (492), Sch 1 [3]; 2019 (133), Sch 1 [4] [5]. Rep 2021 (650), Sch 3[2].

Zone B8

Ins 2011 (82), Sch 1 [2]. Am 2011 (362), Sch 1 [8]; 2017 (492), Sch 1 [3]; 2019 (133), Sch 1 [4] [5]. Rep 2021 (650), Sch 3[2].

Zone IN1

Am 2011 (102), Sch 2 [21]–[23]; 2019 (133), Sch 1 [4] [5]. Rep 2021 (650), Sch 3[2].

Zone IN2

Am 2007 (600), Sch 2 [30]; 2011 (102), Sch 2 [21] [22]; 2019 (133), Sch 1 [4] [5]. Rep 2021 (650), Sch 3[2].

Zone IN3

Am 2011 (102), Sch 2 [21] [23] [24]; 2019 (133), Sch 1 [4] [5]. Rep 2021 (650), Sch 3[2].

Zone IN4

Am 2011 (102), Sch 2 [25]; 2011 (362), Sch 1 [9]; 2019 (133), Sch 1 [2]. Rep 2021 (650), Sch 3[2].

Zone SP1

Am 2007 (600), Sch 2 [22]; 2019 (133), Sch 1 [11]; 2019 (620), Sch 2[8] [9].

Zone SP2

Am 2019 (133), Sch 1 [12]; 2022 (726), Sch 1[4].

Zone SP3

Am 2019 (133), Sch 1 [2]; 2022 (726), Sch 1[4].

Zone SP4

Ins 2021 (650), Sch 1[13]; 2022 (726), Sch 1[4] [10].

Zone SP5

Ins 2022 (726), Sch 1[11].

Zone RE1

Am 2007 (600), Sch 2 [31]; 2019 (133), Sch 1 [2]; 2022 (726), Sch 1[4].

Zone RE2

Am 2019 (133), Sch 1 [2]; 2022 (726), Sch 1[4].

Zone C1 (previously Zone E1)

Am 2007 (600), Sch 2 [32]–[35]. Renumbered 2021 (650), Sch 1[14].

Zone C2 (previously Zone E2)

Am 2007 (600), Sch 2 [36]; 2008 No 62, Sch 2.52 [1]; 2011 (102), Sch 2 [26]; 2019 (133), Sch 1 [13] [14]. Renumbered 2021 (650), Sch 1[15]. Am 2021 (650), Sch 1[16]; 2022 (726), Sch 1[4].

Zone C3 (previously Zone E3)

Am 2007 (600), Sch 2 [15] [37] [38]; 2019 (133), Sch 1 [8]. Renumbered 2021 (650), Sch 1[17]. Am 2021 (650), Sch 1[18]; 2022 (726), Sch 1[4] [5].

Zone C4 (previously Zone E4)

Am 2007 (600), Sch 2 [15] [39] [40]; 2019 (133), Sch 1 [8]. Renumbered 2021 (650), Sch 1[19]. Am 2021 (650), Sch 1[20]; 2022 (726), Sch 1[4] [5].

Zone W1

Am 2007 (600), Sch 2 [41] [42]; 2010 (161), Sch 2 [13]; 2011 (102), Sch 2 [26]; 2019 (133), Sch 1 [3]; 2021 (650), Sch 1[21]; 2022 (726), Sch 1[4].

Zone W2

Am 2007 (600), Sch 2 [41] [43]–[45]; 2010 (161), Sch 2 [13]; 2019 (133), Sch 1 [2]; 2021 (650), Sch 1[22]; 2022 (726), Sch 1[4].

Zone W3

Am 2007 (600), Sch 2 [45]–[48]; 2011 (102), Sch 2 [25] [27]; 2019 (133), Sch 1 [2]; 2022 (726), Sch 1[4].

Zone W4

Ins 2021 (650), Sch 1[23]. Am 2022 (726), Sch 1[4]

Part 3, direction

Rep 2007 (600), Sch 2 [49].

Cl 3.1 (previously cl 16)

Am 2007 (600), Sch 2 [50]. Renumbered 2007 (600), Sch 2 [182]. Am 2007 (600), Sch 2 [182]; 2010 (161), Sch 2 [14]–[17]; 2017 (453), Sch 1 [1] [2]; 2019 (620), Sch 2[10]; 2022 (71), Sch 1[4].

Cl 3.2 (previously cl 17)

Am 2007 (600), Sch 2 [51]–[54]. Renumbered 2007 (600), Sch 2 [182]. Am 2007 (600), Sch 2 [182]; 2009 (516), Sch 1 [1]; 2010 (161), Sch 2 [18] [19]; 2011 (102), Sch 2 [3] [28]; 2014 No 33, Sch 2.36 [4].

Cl 3.3 (previously cl 18)

Am 2007 (600), Sch 2 [55]. Renumbered 2007 (600), Sch 2 [182]. Am 2011 (102), Sch 2 [29]; 2017 (453), Sch 1 [3]; 2018 (105), Sch 1 [1]; 2019 (620), Sch 2[11].

Cl 4.1 (previously cl 19)

Subst 2007 (600), Sch 2 [56]. Renumbered 2007 (600), Sch 2 [182]. Am 2018 (154), cl 3 (1); 2021 No 6, Sch 5.17.

Cl 4.1AA

Ins 2011 (102), Sch 2 [30]. Am 2011 (362), Sch 1 [10]; 2018 (154), cl 3 (2) (3); 2021 No 6, Sch 5.17.

Cl 4.2 (previously cl 20)

Renumbered 2007 (600), Sch 2 [182]. Am 2007 (600), Sch 2 [182]; 2011 (102), Sch 2 [3] [31]; 2019 (133), Sch 1 [15].

Cl 4.3 (previously cl 21)

Subst 2007 (600), Sch 2 [57]. Renumbered 2007 (600), Sch 2 [182].

Cl 4.4 (previously cl 22)

Subst 2007 (600), Sch 2 [58]. Renumbered 2007 (600), Sch 2 [182].

Cl 4.5 (previously cl 23)

Am 2007 (600), Sch 2 [59]. Renumbered 2007 (600), Sch 2 [182]. Am 2011 (102), Sch 2 [32].

Cl 4.6 (previously cl 24)

Am 2007 (600), Sch 2 [60] [61]. Renumbered 2007 (600), Sch 2 [182]. Am 2007 (600), Sch 2 [182]; 2010 (161), Sch 2 [20]; 2011 (102), Sch 2 [3] [31] [33]–[35]; 2015 No 15, Sch 3.54 [2]; 2019 (620), Sch 2[12]; 2021 (650), Sch 1[24]; 2021 (711), Sch 1[5]; 2023 (522), cl 3.

Cl 5.1 (previously cl 25)

Am 2007 (600), Sch 2 [62]. Renumbered 2007 (600), Sch 2 [182]. Am 2011 No 41, Sch 5.52; 2019 (620), Sch 2[13]–[15]; 2020 No 30, Sch 4.92; 2021 (650), Sch 1[25].

Cl 5.2 (previously cl 27)

Am 2007 (600), Sch 2 [64]–[67]. Renumbered 2007 (600), Sch 2 [182]. Am 2019 (620), Sch 2[11] [16].

Cl 5.3 (previously cl 28)

Renumbered 2007 (600), Sch 2 [182]. Am 2010 (161), Sch 2 [21] [22]; 2011 (102), Sch 2 [36] [37]; 2013 No 111, Sch 3.27 [2]; 2021 (650), Sch 1[26].

Cl 5.4 (previously cl 28AA)

Ins 2007 (600), Sch 2 [68]. Renumbered 2007 (600), Sch 2 [182]. Am 2008 No 62, Sch 2.52 [2]; 2009 No 56, Sch 2.60 [1]; 2011 (102), Sch 2 [38]–[40]; 2018 (404), Sch 1 [1]; 2018 (477), Sch 1 [5] [6]; 2020 (762), Sch 1[2]; 2021 (650), Sch 1[27], Sch 3[3]; 2022 (592), Sch 1[2] [3].

Cl 5.5 (previously cl 32)

Am 2007 (600), Sch 2 [72]–[77]. Renumbered 2007 (600), Sch 2 [182]. Am 2010 (161), Sch 2 [23]; 2011 (102), Sch 2 [41] [42]. Rep 2018 (105), Sch 1 [2]. Ins 2020 (762), Sch 1[3].

Cl 5.6 (previously cl 32AA)

Ins 2007 (600), Sch 2 [78]. Renumbered 2007 (600), Sch 2 [182]. Am 2007 (600), Sch 2 [182]; 2010 (161), Sch 2 [24]; 2011 (102), Sch 2 [3].

Cl 5.7 (previously cl 33)

Renumbered 2007 (600), Sch 2 [182].

Cl 5.8 (previously cl 33AA)

Ins 2007 (600), Sch 2 [79]. Renumbered 2007 (600), Sch 2 [182]. Am 2011 (102), Sch 2 [3] [43].

Cl 5.9 (previously cl 34)

Am 2007 (600), Sch 2 [80]. Renumbered 2007 (600), Sch 2 [182]. Am 2007 (600), Sch 2 [182]; 2011 (102), Sch 2 [44]–[50]; 2014 No 33, Sch 2.36 [5]. Rep 2017 (453), Sch 1 [4]. Ins 2021 (301), cl 3.

Cl 5.9AA

Ins 2011 (102), Sch 2 [51]. Rep 2017 (453), Sch 1 [5].

Cl 5.10 (previously cl 35)

Am 2007 (600), Sch 2 [81]–[87]. Renumbered 2007 (600), Sch 2 [182]. Subst 2011 (102), Sch 2 [52]. Am 2011 (362), Sch 1 [11].

Cl 5.11 (previously cl 36)

Renumbered 2007 (600), Sch 2 [182]. Am 2011 (102), Sch 2 [3].

Cl 5.12 (previously cl 38)

Subst 2007 (600), Sch 2 [89]. Renumbered 2007 (600), Sch 2 [182]. Am 2010 (161), Sch 2 [25]; 2011 (102), Sch 2 [3] [53]; 2022 (71), Sch 1[5].

Cl 5.13

Ins 2011 (102), Sch 2 [54]. Am 2013 No 111, Sch 3.27 [3] [4].

Cl 5.14

Ins 2016 (309), Sch 1. Am 2019 (620), Sch 2[12].

Cl 5.15

Ins 2016 (309), Sch 1.

Cl 5.16

Ins 2019 (133), Sch 1 [16]. Am 2021 (650), Sch 1[28]–[32].

Cl 5.17

Ins 2019 (133), Sch 1 [16]. Am 2022 (71), Sch 1[6]–[9].

Cl 5.18

Ins 2019 (133), Sch 1 [16]. Am 2021 (650), Sch 1[33], Sch 3[4] [5] (am 2022 (726), Sch 2[2]); 2022 (592), Sch 1[4].

Cl 5.19

Ins 2019 (133), Sch 1 [16]. Am 2021 (650), Sch 1[34]–[37].

Cl 5.20

Ins 2020 No 40, Sch 7.

Cl 5.21

Ins 2021 (226), Sch 1. Am 2023 (608), Sch 1[1] [2].

Cl 5.22

Ins 2021 (226), Sch 1. Am 2023 (608), Sch 1[3]–[5].

Cl 5.23

Ins 2022 (628), Sch 1[3].

Cl 5.24

Ins 2022 (592), Sch 1[5].

Cl 5.25

Ins 2022 (592), Sch 1[5].

Sch 1

Am 2007 (600), Sch 2 [182].

Sch 2

Am 2007 (600), Sch 2 [90] [182]; 2008 No 39, Sch 1.4 [1]–[6]; 2008 No 62, Sch 2.52 [3]–[9]; 2009 (516), Sch 1 [2] [3] (am 2009 No 106, Sch 2.38); 2010 (161), Sch 2 [26] [27]; 2011 (102), Sch 2 [55] [56].

Sch 3

Subst 2007 (600), Sch 2 [91]. Am 2007 (600), Sch 2 [182]; 2010 (161), Sch 2 [28] [29]; 2011 (102), Sch 2 [57]; 2014 No 33, Sch 2.36 [6].

Sch 4

Subst 2007 (600), Sch 2 [92]. Am 2007 (600), Sch 2 [182].

Sch 5

Am 2007 (600), Sch 2 [93] [182]; 2011 (102), Sch 2 [58].

Sch 6

Ins 2019 (133), Sch 1 [17].

Dictionary

Am 2007 (600), Sch 2 [94]–[182]; 2008 No 36, Sch 5.7; 2008 No 62, Sch 2.52 [10]–[14]; 2008 No 114, Sch 2.28 [2] [3]; 2009 No 56, Sch 2.60 [2]; 2009 (362), cl 3 (4) (5); 2009 (516), Sch 1 [4]–[7]; 2010 (161), Sch 2 [30]–[35]; 2011 (102), Sch 2 [59]; 2011 (362), Sch 1 [12]–[20]; 2012 (506), Sch 1; 2012 No 96, Sch 4.41 [2]; 2013 No 5, Sch 2.3 [1] [2]; 2013 No 111, Sch 3.27 [5]–[8]; 2014 No 33, Sch 2.36 [7]; 2015 No 15, Sch 3.54 [3] [4]; 2017 (453), Sch 1 [6]–[9]; 2017 (492), Sch 1 [5]–[7]; 2018 (105), Sch 1 [3]–[6]; 2018 No 40, Sch 3.12 [2]; 2018 (404), Sch 1 [2]–[4]; 2018 (405), cl 3; 2018 (477), Sch 1 [7]–[12]; 2018 No 46, Sch 2.3; 2019 (133), Sch 1 [18]–[27]; 2019 (620), Sch 2[17]–[19]; 2020 (155), cl 3; 2020 (636), Sch 1; 2021 (650), Sch 1[38]–[55]; 2021 (711), Sch 1[6]–[15]; 2022 (71), Sch 1[10]–[12]; 2022 (592), Sch 1[6]–[12]; 2022 (628), Sch 1[4]; 2025 (511), Sch 1[1] [2].

The whole instrument

Am 2007 (600), Sch 2 [1] (“or other relevant name” inserted after “Name of local government area” wherever occurring).

Historical table of amendments

Information concerning the standard instrument before the commencement of 2007 (600).

Cl 7

Am 2006 (538), Sch 1 [1].

Land Use Table

Zone RU1

Am 2006 (538), Sch 1 [2].

Zone R4

Am 2006 (538), Sch 1 [3].

Zone IN1

Am 2006 (538), Sch 1 [4].

Zone SP3

Am 2006 (538), Sch 1 [5].

Zones W2, W3

Am 2006 (538), Sch 1 [6].

Cl 23

Ins 2006 (538), Sch 1 [7].

Cl 24 (previously cl 23)

Renumbered 2006 (538), Sch 1 [8].

Cl 24 (as originally gazetted)

Rep 2006 (538), Sch 1 [9].

Cl 25

Ins 2006 (538), Sch 1 [9].

Cl 26

Ins 2006 (538), Sch 1 [9]. Rep 2007 (600), Sch 2 [63].

Cl 27 (previously cl 25)

Renumbered 2006 (538), Sch 1 [10]. Am 2006 (538), Sch 1 [11].

Cl 28 (previously cl 26)

Renumbered 2006 (538), Sch 1 [10].

Cl 29 (previously cl 27)

Renumbered 2006 (538), Sch 1 [10]. Rep 2007 (600), Sch 2 [69].

Cl 30 (previously cl 28)

Renumbered 2006 (538), Sch 1 [10]. Rep 2007 (600), Sch 2 [70].

Cl 31 (previously cl 29)

Renumbered 2006 (538), Sch 1 [10]. Rep 2007 (600), Sch 2 [71].

Cll 32, 33 (previously cll 30, 31)

Renumbered 2006 (538), Sch 1 [10].

Cl 34 (previously cl 32)

Renumbered 2006 (538), Sch 1 [10]. Am 2006 (538), Sch 1 [12]–[14].

Cl 35 (previously cl 33)

Renumbered 2006 (538), Sch 1 [10]. Am 2006 (538), Sch 1 [15].

Cl 36 (previously cl 34)

Renumbered 2006 (538), Sch 1 [10].

Cl 37 (previously cl 35)

Renumbered 2006 (538), Sch 1 [10]. Am 2006 (538), Sch 1 [16] [17]. Rep 2007 (600), Sch 2 [88].

Cl 38 (previously cl 36)

Renumbered 2006 (538), Sch 1 [10]. Am 2006 (538), Sch 1 [18] [19].

Dictionary

Am 2006 (538), Sch 1 [20]–[31].

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