Wingecarribee Local Environmental Plan 2010 (NSW)
This Plan is Wingecarribee Local Environmental Plan 2010.
This Plan commences on the day on which it is published on the NSW legislation website.
This Plan aims to make local environmental planning provisions for land in Wingecarribee in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to conserve and enhance, for current and future generations, the ecological integrity, environmental heritage and environmental significance of Wingecarribee,
(b) to maintain Wingecarribee’s original settlement pattern of towns and villages dispersed throughout a rural and native vegetation landscape,
(c) to encourage the efficient use and development of urban land, minimising the spread of urban areas into rural and native vegetation environments, thereby increasing the accessibility of the population to urban facilities and services,
(d) to provide opportunities for development and land use activities that—
(i) make an effective contribution towards the economic wellbeing of the community in a socially and environmentally responsible manner, and
(ii) do not adversely impact on natural systems and processes and the overall quality of Wingecarribee’s natural environment, and
(iii) retain the critical natural, rural and built environmental landscape elements that make up the scenic and cultural heritage value of Wingecarribee,
(e) to provide opportunities for a range of new housing and housing choice in locations that have good access to public transport, community facilities and services, retail and commercial services and employment opportunities, including opportunities for the provision of adaptable and affordable housing,
(f) to provide for a range of living opportunities that address differing lifestyle needs without compromising the environmental quality of Wingecarribee, and the value of its natural resources such as water, biodiversity and agricultural land,
(g) to strengthen the viability of Wingecarribee’s business centres as central places for investment, employment and cultural activity, and encourage a majority of future housing opportunities to be located in relatively close proximity to those centres,
(h) to promote the economic wellbeing of the community in a socially and environmentally responsible way, focusing new employment growth at identified employment hubs like business centres and enterprise zones that can be better accessed by public and private transport,
(i) to protect the primary production potential of suitable rural land, and prevent the fragmentation of agricultural holdings,
(j) to conserve the Aboriginal and European cultural and environmental heritage of Wingecarribee,
(k) to protect areas of high scenic landscape value,
(l) to develop an ecologically sustainable future for Wingecarribee through the conservation, rehabilitation and regeneration of native vegetation (particularly threatened species populations and ecological communities), soil, waterways, riparian land and water quality (surface and groundwater),
(m) to prevent loss of life and property by bush fires, by discouraging the establishment of incompatible uses in bush fire prone areas and incorporating as part of compatible developments protective measures that minimise bush fire risk without unacceptable environmental degradation,
(n) to provide for a range of sustainable development opportunities in harmony with recreation and lifestyle choices, emerging markets and changes in technology, and capitalise on Wingecarribee’s regional distinctiveness and existing tourism asset base,
(o) to ensure that extractive resources and mineral deposits are not rendered sterile by future development, but at the same time ensuring that subsequent extraction, open cut mining and transportation activities are undertaken in a way that maintains residential amenity,
(p) to protect and enhance waterways, riparian land and water quality in the drinking water catchments of Wingecarribee.
This Plan applies to the land identified on the Land Application Map.
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
Notes in this Plan are provided for guidance and do not form part of this Plan.
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(Repealed)
Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
The following local environmental plans are repealed under this provision—
• Wingecarribee Local Environmental Plan 1989
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.
(Repealed)
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
If a development application has been made before the commencement of Wingecarribee Local Environmental Plan 2010 (Amendment No 53) in relation to land to which that Plan applies and the application has not been finally determined before that commencement, the application must be determined as if that Plan had not commenced.
An amendment made to this Plan by Wingecarribee Local Environmental Plan 2010 (Amendment No 56) does not apply to a development application made but not finally determined before the commencement of the amendment.
An amendment made to this Plan by Wingecarribee Local Environmental Plan 2010 (Amendment No 58) does not apply to a development application made but not finally determined before the commencement of the amendment.
An amendment made to this Plan by Wingecarribee Local Environmental Plan 2010 (Amendment No 65) does not apply to a development application made but not finally determined before the commencement of the amendment.
This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
This clause does not affect the rights or interests of any public authority under any registered instrument.
Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
The land use zones under this Plan are as follows—
• Rural Zones RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
RU4 Primary Production Small Lots
• Residential Zones R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
• Employment Zones E1 Local 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
• 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
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
This clause is subject to the other provisions of this Plan.
Schedule 1 sets out additional permitted uses for particular land.
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
Clause 2.6 requires consent for subdivision of land.
Part 5 contains other provisions which require consent for particular development.
Development may be carried out on unzoned land only with development consent.
In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
Land to which this Plan applies may be subdivided, but only with development consent.
If a subdivision is specified as
Part 6 of State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is
Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
The definition of
The demolition of a building or work may be carried out only with development consent.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 60 days (whether or not consecutive days) in any period of 12 months.
Development consent must not be granted unless the consent authority is satisfied that—
(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Despite subclause (2), development consent may not be granted under that subclause for development for the purposes of function centres.
Canal estate development is prohibited on land to which this Plan applies.
In this Plan,
(a) a constructed canal, or other waterway or waterbody, that—
(i) is inundated by surface water or groundwater movement, or
(ii) drains to a waterway or waterbody by surface water or groundwater movement, and
(b) the erection of a dwelling, and
(c) one or both of the following—
(i) the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,
(ii) excavation to create a waterway.
Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—
(a) carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and
(b) limited to the minimum reasonable size and capacity.
In this clause—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
• State Environmental Planning Policy (Housing) 2021
• State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
• State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
• State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
• State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
• State Environmental Planning Policy (Primary Production) 2021, Chapter 2
• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
• To encourage diversity in primary industry enterprises and systems appropriate for the area.
• To minimise the fragmentation and alienation of resource lands.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To provide opportunities for employment-generating development that adds value to local agricultural production through food and beverage processing and integrates with tourism.
Environmental protection works; Extensive agriculture; Home-based child care; Home occupations; Roadside stalls
Agriculture; Airstrips; Animal boarding or training establishments; Aquaculture; Artisan food and drink industries; Bed and breakfast accommodation; Cellar door premises; Community facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Health consulting rooms; Helipads; Home businesses; Home industries; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Landscaping material supplies; Open cut mining; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Roads; Rural industries; Secondary dwellings; Signage
Any development not specified in item 2 or 3
• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
• To maintain the rural landscape character of the land.
• To provide for a range of compatible land uses, including extensive agriculture.
• To provide opportunities for employment-generating development that is compatible with, and adds value to, local agricultural production through food and beverage processing and that integrates with tourism.
Environmental protection works; Extensive agriculture; Home-based child care; Home occupations
Agricultural produce industries; Agriculture; Airstrips; Animal boarding or training establishments; Aquaculture; Artisan food and drink industries; Bed and breakfast accommodation; Cellar door premises; Community facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Function centres; Health consulting rooms; Helipads; Home businesses; Home industries; Information and education facilities; Landscaping material supplies; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Roads; Roadside stalls; Secondary dwellings; Signage
Intensive livestock agriculture; Any other development not specified in item 2 or 3
• To enable development for forestry purposes.
• To enable other development that is compatible with forestry land uses.
Roads; Uses authorised under the Forestry Act 2012 or under Part 5B (Private native forestry) of the Local Land Services Act 2013
Aquaculture
Any development not specified in item 2 or 3
• To enable sustainable primary industry and other compatible land uses.
• To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To provide for a restricted range of employment-generating development opportunities that are compatible with adjacent or nearby residential and agricultural development.
• To avoid additional degradation or fragmentation of the natural environment caused by further clearing of native vegetation, high intensity development and land use.
• To maintain flora and fauna species and habitats, communities and ecological processes that occupy land in the zone, ensuring that development minimises any off and on site impacts on biodiversity, water resources and natural landforms.
• To conserve and enhance the quality of potentially valuable environmental assets, including waterways, riparian land, wetlands and other surface and groundwater resources, remnant native vegetation and fauna movement corridors as part of all new development and land use.
• To provide for the effective management of remnant native vegetation within the zone, including native vegetation regeneration, noxious and environmental weed eradication and bush fire hazard reduction.
Environmental protection works; Extensive agriculture; Home-based child care; Home occupations
Agritourism; Aquaculture; Artisan food and drink industries; Bed and breakfast accommodation; Cellar door premises; Centre-based child care facilities; Community facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Farm buildings; Farm stay accommodation; Flood mitigation works; Home businesses; Home industries; Intensive plant agriculture; Landscaping material supplies; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Respite day care centres; Roads; Roadside stalls; Secondary dwellings; Signage; Water storage facilities
Any development not specified in item 2 or 3
• To provide for the housing needs of the community within a low density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
Environmental protection works; Home-based child care; Home occupations
Bed and breakfast accommodation; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Exhibition homes; Exhibition villages; Group homes; Health consulting rooms; Home businesses; Home industries; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Roads; Seniors housing; Serviced apartments; Signage; Tank-based aquaculture
Any development not specified in item 2 or 3
• To provide for the housing needs of the community within a medium density residential environment.
• To provide a variety of housing types within a medium density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
Environmental protection works; Home-based child care; Home occupations
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; Roads; Seniors housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Amusement centres; Animal boarding or training establishments; Backpackers’ accommodation; Camping grounds; Car parks; Caravan parks; Cemeteries; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Function centres; Funeral homes; Heavy industrial storage establishments; Home occupations (sex services); Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Industries; Mortuaries; Open cut mining; Passenger transport facilities; Recreation facilities (major); Registered clubs; Research stations; Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sewage treatment plants; Sex services premises; Storage premises; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
• To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.
• To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.
• To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To provide a restricted range of opportunities for employment development and community facilities and services that do not unreasonably or significantly detract from—
(a) the primary residential function, character and amenity of the neighbourhood, and
(b) the quality of the natural and built environments.
Environmental protection works; Home-based child care; Home occupations
Bed and breakfast accommodation; Dual occupancies (attached); Dwelling houses; Group homes; Oyster aquaculture; Pond-based aquaculture; Roads; Tank-based aquaculture; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Amusement centres; Animal boarding or training establishments; Camping grounds; Car parks; Caravan parks; Cemeteries; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Local distribution premises; Mortuaries; Open cut mining; Passenger transport facilities; Recreation facilities (indoor); Recreation facilities (major); Registered clubs; Research stations; Residential accommodation; Restricted premises; Rural industries; Service stations; Sewage treatment plants; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
• To provide a range of retail, business and community uses that serve the needs of people who live in, work in or visit the area.
• To encourage investment in local commercial development that generates employment opportunities and economic growth.
• To enable residential development that contributes to a vibrant and active local centre and is consistent with the Council’s strategic planning for residential development in the area.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
• To generally conserve and enhance the unique sense of place of business centre precincts by ensuring new development integrates with the distinct urban scale, character, cultural heritage and landscape setting of the precincts, particularly when located within a heritage conservation area or where the development may impact a heritage item.
• To ensure adequate provision is made for infrastructure that supports the viability of business centre precincts, including public car parking, traffic management facilities, public transport facilities, cyclist facilities, pedestrian access paths, amenities, facilities for older people and people with disabilities and general public conveniences.
• To maximise the efficient use of land in business centre precincts to promote more compact and accessible places.
• To ensure new development has regard to the character and amenity of adjacent and nearby residential areas.
Environmental protection works; Home-based child care; Home occupations
Amusement centres; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Home industries; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation facilities (indoor); Respite day care centres; Service stations; Shop top housing; Tank-based aquaculture; Veterinary hospitals; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Animal boarding or training establishments; Camping grounds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Open cut mining; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Rural industries; Rural workers’ dwellings; Sewage treatment plants; Storage premises; Tourist and visitor accommodation; Transport depots; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities
• To provide a range of facilities and services, light industries, warehouses and offices.
• To provide for land uses that are compatible with, but do not compete with, land uses in surrounding local and commercial centres.
• To maintain the economic viability of local and commercial centres by limiting certain retail and commercial activity.
• To provide for land uses that meet the needs of the community, businesses and industries but that are not suited to locations in other employment zones.
• To provide opportunities for new and emerging light industries.
• To enable other land uses that provide facilities and services to meet the day to day needs of workers, to sell goods of a large size, weight or quantity or to sell goods manufactured on-site.
• To ensure new development has regard to the character and amenity of adjacent and nearby residential areas.
Environmental protection works; Home-based child care; Home occupations
Animal boarding or training establishments; Attached dwellings; Boat building and repair facilities; Business premises; Centre-based child care facilities; Community facilities; Depots, Function centres; Garden centres; Hardware and building supplies; Hostels; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Landscaping material supplies; Light industries; Local distribution premises; Markets; Mortuaries; Multi dwelling housing; 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; Residential flat buildings; Respite day care centres; Rural supplies; Service stations; Shop top housing; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Wholesale supplies; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Amusement centres; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Correctional centres; Crematoria; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Home occupations (sex services); Industries; Open cut mining; Residential accommodation; Restricted premises; Roadside stalls; Rural industries; Sewage treatment plants; Sex services premises; Transport depots; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities
• To provide a range of industrial, warehouse, logistics and related land uses.
• To ensure the efficient and viable use of land for industrial uses.
• To minimise any adverse effect of industry on other land uses.
• To encourage employment opportunities.
• To enable limited non-industrial land uses that provide facilities and services to meet the needs of businesses and workers.
• To allow non-industrial land uses, including certain commercial activities, that, because of the type, scale or nature of the use, are appropriately located in the zone and will not impact the viability of business and commercial centres in Wingecarribee.
• To ensure new development and land uses incorporate measures that take into account the spatial context and mitigate potential impacts on neighbourhood amenity and character and the efficient operation of the local and regional road system.
Environmental protection works; Home-based child care; Home occupations
Depots; Freight transport facilities; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Industrial retail outlets; Industrial training facilities; Landscaping material supplies; Light industries; Local distribution premises; Neighbourhood shops; Oyster aquaculture; Plant nurseries; Rural supplies; Specialised retail premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Business premises; Camping grounds; Cemeteries; Correctional centres; Crematoria; Eco-tourist facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Health services facilities; Heavy industrial storage establishments; Highway service centres; Home occupations (sex services); Industries; Open cut mining; Residential accommodation; Restricted premises; Retail premises; Schools; Sex services premises; Tourist and visitor accommodation; Water recreation structures; Wharf or boating facilities
• 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.
Environmental protection works
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; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Camping grounds; Car parks; Caravan parks; Cemeteries; Centre-based child care facilities; Commercial premises; Community facilities; Correctional centres; Crematoria; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Function centres; Health services facilities; Highway service centres; Home-based child care; Home businesses; Home industries; Home occupations; Home occupations (sex services); Industrial retail outlets; Information and education facilities; Local distribution premises; Mortuaries; Open cut mining; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Self-storage units; Service stations; Sex services premises; Tourist and visitor accommodation; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Water recreation structures; Wharf or boating facilities
• To encourage a diversity of business, retail, office and light industrial land uses that generate employment opportunities.
• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
• To ensure new development has regard to the character and amenity of adjacent and nearby residential areas.
Environmental protection works; Home-based child care; Home occupations
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; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Animal boarding or training establishments; Camping grounds; Caravan parks; Cemeteries; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Home occupations (sex services); Industrial training facilities; Industries; Open cut mining; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Rural industries; Rural workers’ dwellings; Sewage treatment plants; Sex services premises; Storage premises; Transport depots; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities
• To provide for special land uses that are not provided for in other zones.
• To provide for sites with special natural characteristics that are not provided for in other zones.
• To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.
Nil
Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose.
Any development not specified in item 2 or 3
• To provide for infrastructure and related uses.
• To prevent development that is not compatible with or that may detract from the provision of infrastructure.
• To ensure that the scale and character of infrastructure is compatible with the landscape setting and built form of surrounding development.
Nil
The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Aquaculture; Roads
Any development not specified in item 2 or 3
• To provide for a variety of tourist-oriented development and related uses.
• To ensure that development is sympathetic with the rural setting and landscape features of the site and minimises impact on the scenic values of nearby development and land use activity.
Environmental protection works; Home-based child care; Home occupations
Agricultural produce industries; Aquaculture; Artisan food and drink industries; Dwelling houses; Extensive agriculture; Food and drink premises; Intensive plant agriculture; Roads; Secondary dwellings; Tourist and visitor accommodation; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Amusement centres; Animal boarding or training establishments; Business premises; Car parks; Cemeteries; Centre-based child care facilities; Community facilities; Correctional centres; Crematoria; Depots; Educational establishments; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Forestry; Freight transport facilities; Garden centres; Hardware and building supplies; Health services facilities; Heavy industrial storage establishments; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Landscaping material supplies; Mortuaries; Office premises; Open cut mining; Passenger transport facilities; Plant nurseries; Registered clubs; Research stations; Residential accommodation; Respite day care centres; Restricted premises; Rural industries; Rural supplies; Service stations; Sewage treatment plants; Sex services premises; Shops; Specialised retail premises; Storage premises; Timber yards; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Waste or resource management facilities; Water supply systems; Wharf or boating facilities; Wholesale supplies
• 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.
• To enable ancillary development that will encourage the enjoyment of land zoned for open space.
Environmental protection works
Aquaculture; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Entertainment facilities; Environmental facilities; Function centres; Kiosks; Markets; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Signage; Take away food and drink premises; Water storage facilities
Any development not specified in item 2 or 3
• To enable land to be used for private open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
Environmental protection works; Extensive agriculture; Home-based child care; Home occupations
Airstrips; Aquaculture; Camping grounds; Caravan parks; Cellar door premises; Centre-based child care facilities; Community facilities; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Farm buildings; Flood mitigation works; Food and drink premises; Function centres; Helipads; Kiosks; Markets; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Roadside stalls; Signage; Tourist and visitor accommodation; Water storage facilities
Any development not specified in item 2 or 3
• To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.
• To enable uses authorised under the National Parks and Wildlife Act 1974.
• To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.
Uses authorised under the National Parks and Wildlife Act 1974
Nil
Any development not specified in item 2 or 3
• To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
• To prevent development that could destroy, damage or otherwise have an adverse effect on those values.
Environmental protection works
Emergency services facilities; Environmental facilities; Flood mitigation works; Oyster aquaculture; Roads
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.
• To provide for a limited range of development that does not have an adverse effect on those values.
• To encourage the retention of the remaining evidence of significant historic and social values expressed in existing landscape and land use patterns.
• To minimise the proliferation of buildings and other structures in these sensitive landscape areas.
• To provide for a restricted range of development and land use activities that provide for rural settlement, sustainable agriculture, other types of economic and employment development, recreation and community amenity in identified drinking water catchment areas.
• To protect significant agricultural resources (soil, water and vegetation) in recognition of their value to Wingecarribee’s longer term economic sustainability.
Environmental protection works; Extensive agriculture; Home-based child care; Home occupations
Agricultural produce industries; Agritourism; Airstrips; Bed and breakfast accommodation; Cellar door premises; Community facilities; Dairies (pasture-based); Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Farm buildings; Farm stay accommodation; Flood mitigation works; Health consulting rooms; Helipads; Home businesses; Horticulture; Information and education facilities; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Recreation facilities (outdoor); Roads; Roadside stalls; Secondary dwellings; Signage; Tank-based aquaculture; Viticulture; Water storage facilities
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
• To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.
• To ensure that residential development does not have an adverse effect on those values.
• To encourage the retention of the remaining evidence of significant historic and social values expressed in existing landscape and land use patterns.
• To provide for a restricted range of development and land use activities that provide for rural settlement, sustainable agriculture and other types of economic and employment development, recreation and community amenity in identified drinking water catchment areas.
• To manage land in a way that minimises impact on its environmental and scenic value from adjacent and nearby development and land use activity.
• To minimise the proliferation of buildings and other structures in these sensitive landscape areas.
Environmental protection works; Extensive agriculture; Home-based child care; Home occupations
Agritourism; Bed and breakfast accommodation; Cellar door premises; Community facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Farm buildings; Farm stay accommodation; Flood mitigation works; Health consulting rooms; Home businesses; Horticulture; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Recreation facilities (outdoor); Roads; Roadside stalls; Secondary dwellings; Signage; Tank-based aquaculture; Viticulture; Water storage facilities
Industries; Local distribution premises; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
The objective of this clause is to identify development of minimal environmental impact as exempt development.
Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
To be exempt development, the development—
(a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and
(b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c) must not be designated development, and
(d) must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—
(a) the building has a current fire safety certificate or fire safety statement, or
(b) no fire safety measures are currently implemented, required or proposed for the building.
To be exempt development, the development must—
(a) be installed in accordance with the manufacturer’s specifications, if applicable, and
(b) not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.
See State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 and the Local Land Services Act 2013, Part 5A.
A heading to an item in Schedule 2 is part of that Schedule.
The objective of this clause is to identify development as complying development.
Development specified in Part 1 of Schedule 3 that is carried out in compliance with—
(a) the development standards specified in relation to that development, and
(b) the requirements of this Part,
is complying development.
See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances.
To be complying development, the development must—
(a) be permissible, with development consent, in the zone in which it is carried out, and
(b) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c) have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.
A heading to an item in Schedule 3 is part of that Schedule.
Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
For the purposes of this clause—
(a) the coastal waters of the State,
(b) a coastal lake,
(c) land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(d) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e) land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f) land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g) land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h) land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(i) land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j) land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994,
(ja) land identified as riparian land in paragraphs (a) or (b) of clause 7.5(5),
(jb) land that forms part of the “Regional Wildlife Habitat Corridor” mapped on the Natural Resources Sensitivity Map,
(jc) land that is declared to be a special area under the Water NSW Act 2014.
The objectives of this clause are as follows—
(a) to identify minimum lot sizes,
(b) to ensure that the subdivision of land to create new lots is compatible with the character of the surrounding land and does not compromise existing development or amenity.
This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
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.
The objectives of this clause are as follows—
(a) to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.
This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 2021 of land in any of the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU4 Primary Production Small Lots,
(d) Zone R5 Large Lot Residential,
(e) Zone C3 Environmental Management,
(f) Zone C4 Environmental Living,
but does not apply to a subdivision by the registration of a strata plan.
The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 2021) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
This clause applies despite clause 4.1.
The objective of this clause is to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.
This clause applies to land in the following zones that is used, or is proposed to be used, for residential accommodation or tourist and visitor accommodation—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU4 Primary Production Small Lots,
(d) Zone R5 Large Lot Residential,
(e) Zone C3 Environmental Management,
(f) Zone C4 Environmental Living.
The size of any lot resulting from a subdivision of land to which this clause applies for a strata plan scheme (other than any lot comprising common property within the meaning of the Strata Schemes Development Act 2015) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that strata subdivision of a building in certain circumstances is specified complying development.
This clause does not apply in relation to the subdivision of any land by any kind of subdivision under the Community Land Development Act 1989.
The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.
This clause applies to the following rural zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(baa) Zone RU3 Forestry,
(c) Zone RU4 Primary Production Small Lots,
(d) Zone RU6 Transition.
When this Plan was made it did not include Zone RU6 Transition.
Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.
However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.
A dwelling cannot be erected on such a lot.
A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).
The objectives of this clause are as follows—
(a) to minimise the introduction of unplanned rural residential development, and
(b) to enable the replacement of lawfully erected dwelling houses and dual occupancies in rural zones.
This clause applies to land in the following zones—
• Zone RU1 Primary Production,
• Zone RU2 Rural Landscape,
• Zone RU4 Primary Production Small Lots,
• Zone C3 Environmental Management,
• Zone C4 Environmental Living.
Development consent must not be granted for the erection of a dwelling house or dual occupancy on a lot in a zone to which this clause applies, and on which no dwelling house or dual occupancy has been erected, unless the lot is—
(a) a lot that is at least the minimum lot size specified for that lot by the Lot Size Map, or
(ab) a lot created under clause 4.2C(3)(a) or clause 4.2C(5)(b), or
(ac) a lot resulting from a subdivision permitted under clause 4.6, or
(b) a lot created before this Plan commenced and on which the erection of a dwelling house or dual occupancy was permissible immediately before that commencement, or
(c) a lot resulting from a subdivision for which development consent (or its equivalent) was granted before this Plan commenced and on which the erection of a dwelling house or dual occupancy would have been permissible if the plan of subdivision had been registered before that commencement, or
(d) an existing holding.
A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.
Despite subclause (3), development consent may be granted to the erection of a single dwelling house on a lot facing Diamond Fields Road resulting from the alteration of lot boundaries and subdivision of Lot 11, DP 1226788 and Lot 841, DP 1253894, Old South Road, Mittagong.
Despite any other provision of this clause, development consent may be granted for the erection of a dwelling house or dual occupancy on land in a zone to which this clause applies if—
(a) there is a lawfully erected dwelling house or dual occupancy on the land and the dwelling house or dual occupancy to be erected is intended only to replace the existing dwelling house or dual occupancy, or
(b) the land would have been a lot or a holding referred to in subclause (3) had it not been affected by—
(i) a minor realignment of its boundaries that did not create an additional lot, or
(ii) a subdivision creating or widening a public road or public reserve or for another public purpose.
In this clause—
(a) was a holding—
(i) in relation to land to which the former Bowral Planning Scheme Ordinance applied—on 8 October 1954, or
(ii) in relation to land to which the former Interim Development Order No 1—Shire of Wingecarribee applied—on 18 January 1963, or
(iii) in relation to land to which the former Burradoo and Environs Planning Scheme Ordinance applied—on 23 July 1965, or
(iv) in relation to land to which the former Shire of Mittagong Planning Scheme Ordinance applied—on 16 February 1968, and
(b) is a holding at the time the application for development consent referred to in subclause (3) is lodged,
whether or not there has been a change in the ownership of the holding since the date mentioned in paragraph (a)(i), (ii), (iii) or (iv), and includes any other land adjoining that land acquired by the owner since that date.
The owner in whose ownership all the land is at the time the application is lodged need not be the same person as the owner in whose ownership all the land was on the stated date.
The objective of this clause is to permit the boundary between 2 lots to be altered in certain circumstances, to give landowners a greater opportunity to achieve the objectives of a zone.
This clause applies to land in any of the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU3 Forestry,
(d) Zone RU4 Primary Production Small Lots,
(e) Zone R5 Large Lot Residential,
(f) Zone C2 Environmental Conservation,
(g) Zone C3 Environmental Management,
(h) Zone C4 Environmental Living.
Despite clause 4.1(3), development consent may be granted to the subdivision of 2 adjoining lots, being land to which this clause applies, if the subdivision will not result in—
(a) an increase in the number of lots, and
(b) an increase in the number of dwelling houses, secondary dwellings or dual occupancies on, or dwelling houses, secondary dwellings or dual occupancies that may be erected on, any of the lots, and
(c) if each lot is at least 2 hectares before the subdivision—a lot that is less than 2 hectares.
Before determining a development application for the subdivision of land under this clause, the consent authority must consider the following—
(a) the existing uses and approved uses of other land in the vicinity of the subdivision,
(b) whether or not the subdivision is likely to have a significant impact on land uses that are likely to be preferred and the predominant land uses in the vicinity of the development,
(c) whether or not the subdivision is likely to be incompatible with a use referred to in paragraph (a) or (b),
(d) whether or not the subdivision is likely to be incompatible with a use on land in any adjoining zone,
(e) any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c) or (d),
(f) whether or not the subdivision is appropriate having regard to the natural and physical constraints affecting the land,
(g) whether or not the subdivision is likely to have an adverse impact on the environmental values or agricultural viability of the land.
This clause does not apply—
(a) in relation to the subdivision of individual lots in a strata plan or a community title scheme, or
(b) if the subdivision would create a lot that could itself be subdivided in accordance with clause 4.1.
The objectives of this clause are as follows—
(a) to provide for the subdivision of lots that are within more than one zone but cannot be subdivided under clause 4.1,
(b) to ensure that the subdivision occurs in a manner that promotes suitable land uses and development.
This clause applies to each lot (an
Despite clause 4.1, development consent must not be granted to subdivide an original lot to create other lots (
(a) one of the resulting lots will contain—
(i) land in Zone RU4 Primary Production Small Lots, in Zone C4 Environmental Living or in a residential zone that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and
(ii) all of the land in all other zones that was in the original lot; and
(b) all other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.
For the purposes of calculating an area of land under subclause (3), the area of any access handle used for the purpose of providing vehicular access from the lot to a road is not to be included.
Despite subclause (3), development consent may be granted to subdivide an original lot if—
(a) the lots to be created from the subdivision will each contain land in only one zone, or
(b) the lots to be created from the subdivision will each contain land in more than one zone and any land in Zone RU4 Primary Production Small Lots, in Zone C4 Environmental Living or in a residential zone will have an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.
A lot created under subclause (5)(b) must not be further subdivided under this clause.
The objective of this clause is to enable the subdivision of land in rural areas to create lots of an appropriate size to meet the needs of permissible uses other than for the purpose of dwelling houses or dual occupancies.
This clause applies to the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone C3 Environmental Management.
Land to which this clause applies may, with development consent, be subdivided to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land if the consent authority is satisfied that the use of the land after the subdivision will be the same use (other than a dwelling house or a dual occupancy) permitted under any existing development consent for the land.
Development consent must not be granted for the subdivision of land to which this clause applies unless the consent authority is satisfied that—
(a) the subdivision will not adversely affect the use of the surrounding land for agriculture, and
(b) the subdivision is necessary for the ongoing operation of the permissible use, and
(c) the subdivision is appropriate having regard to the natural and physical constraints affecting the land.
The objective of this clause is to ensure development for the purposes of dual occupancies is compatible with the character of existing development in the surrounding area.
This clause applies to land in the following zones—
(a) Zone R2 Low Density Residential,
(b) Zone R3 Medium Density Residential.
Development consent must not be granted to the erection of a dual occupancy unless the area of the lot on which the dual occupancy will be erected is at least 1,000m
The objectives of this clause are as follows—
(a) to ensure development for the purposes of dual occupancies is compatible with the character of existing development in the surrounding area,
(b) to provide opportunities for housing on smaller lots in suitable locations on land in Zone R2 Low Density Residential and Zone R3 Medium Density Residential,
(c) to protect the heritage significance of the historic village of Berrima.
This clause applies to land in the following zones—
(a) Zone R2 Low Density Residential,
(b) Zone R3 Medium Density Residential.
Land on which a dual occupancy is, or will be, erected may be subdivided if the consent authority is satisfied—
(a) for land that is a corner lot—the lot has an area of at least 1,000m
2 , or(b) otherwise—the area of each lot resulting from the subdivision will be—
(i) at least 50% of the minimum lot size shown for the land on the Lot Size Map, and
(ii) at least 600m
2 .
Development consent must not be granted to the subdivision of land under subclause (3) unless the consent authority is satisfied—
(a) there will be no more than 1 dwelling on each resulting lot, and
(b) each resulting lot will be serviced by a water reticulation system and sewage reticulation system.
Subdivision permitted under this clause must not occur before an occupation certificate is issued for each dwelling forming part of the dual occupancy.
Subclause (3) does not apply to land in the Berrima Conservation Area as shown on the Heritage Map.
The objectives of this clause are as follows—
(a) to identify maximum heights of buildings,
(b) to ensure that the heights of buildings are compatible with the character of the existing development within the surrounding area.
The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
The objectives of this clause are as follows—
(a) to identify maximum floor space ratios in major centres,
(b) to ensure that floor space ratios provide development opportunities that are compatible with building heights,
(c) to encourage development in locations readily accessible to public transport and services that will provide increased employment opportunities.
The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
The objectives of this clause are as follows—
(a) to define
floor space ratio ,(b) to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—
(i) prevent the inclusion in the site area of an area that has no significant development being carried out on it, and
(ii) prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and
(iii) require community land and public places to be dealt with separately.
The
In determining the site area of proposed development for the purpose of applying a floor space ratio, the
(a) if the proposed development is to be carried out on only one lot, the area of that lot, or
(b) if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.
In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.
The following land must be excluded from the site area—
(a) land on which the proposed development is prohibited, whether under this Plan or any other law,
(b) community land or a public place (except as provided by subclause (7)).
The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.
The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.
For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.
The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.
When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.
If—
(a) a covenant of the kind referred to in subclause (9) applies to any land (
affected land ), and(b) proposed development relates to the affected land and other land that together comprise the site of the proposed development,
the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.
In this clause,
The objectives of this clause are as follows—
(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.
Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant has demonstrated that—
(a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and
(b) there are sufficient environmental planning grounds to justify the contravention of the development standard.
The Environmental Planning and Assessment Regulation 2021 requires a development application for development that proposes to contravene a development standard to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).
The consent authority must keep a record of its assessment carried out under subclause (3).
(Repealed)
Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living if—
(a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or
(b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.
Waste or resource transfer stations are a type of
(a) retention structures, and
(b) treatment works, and
(c) irrigation schemes.
Water recycling facilities are a type of
Water reticulation systems are a type of
Water storage facilities are a type of
(a) a water reticulation system,
(b) a water storage facility,
(c) a water treatment facility,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
Water treatment facilities are a type of
(a) natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b) artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
(a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c) wharves for commercial fishing operations,
(d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e) sea walls or training walls,
(f) administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
Wingecarribee Local Environmental Plan 2010 (245). LW 16.6.2010. Date of commencement, on publication on LW, cl 1.1AA. This Plan has been amended as follows—
(554) | Wingecarribee Local Environmental Plan 2010 (Amendment No 1). LW 24.9.2010. 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 of Sch 2, 25.6.2011, Standard Instrument (Local Environmental Plans) Order 2006 (155), cl 9 (1). | |
(306) | Wingecarribee Local Environmental Plan 2010 (Amendment No 2). LW 24.6.2011. 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. | |
(363) | State Environmental Planning Policy Amendment (Standard Instrument) 2011. LW 13.7.2011. Date of commencement, on publication on LW, cl 2. | |
(446) | Wingecarribee Local Environmental Plan 2010 (Amendment No 3). LW 26.8.2011. 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. | |
(192) | Wingecarribee Local Environmental Plan 2010 (Amendment No 4). LW 11.5.2012. Date of commencement, on publication on LW, cl 2. | |
(420) | Wingecarribee Local Environmental Plan 2010 (Amendment No 5). LW 24.8.2012. Date of commencement, on publication on LW, cl 2. | |
(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. | |
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. | |
(185) | Wingecarribee Local Environmental Plan 2010 (Amendment No 6). LW 3.5.2013. Date of commencement, on publication on LW, cl 2. | |
(319) | Wingecarribee Local Environmental Plan 2010 (Amendment No 8). LW 21.6.2013. Date of commencement, on publication on LW, cl 2. | |
(384) | Wingecarribee Local Environmental Plan 2010 (Amendment No 7). LW 12.7.2013. Date of commencement, on publication on LW, cl 2. | |
(385) | Wingecarribee Local Environmental Plan 2010 (Amendment No 9). LW 12.7.2013. Date of commencement, on publication on LW, cl 2. | |
(596) | Wingecarribee Local Environmental Plan 2010 (Amendment No 12). LW 11.10.2013. Date of commencement, on publication on LW, cl 2. | |
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. | |
(54) | Wingecarribee Local Environmental Plan 2010 (Amendment No 16). LW 14.2.2014. Date of commencement, on publication on LW, cl 2. | |
(122) | Wingecarribee Local Environmental Plan 2010 (Amendment No 17). LW 14.3.2014. Date of commencement, on publication on LW, cl 2. | |
(157) | Wingecarribee Local Environmental Plan 2010 (Amendment No 13). LW 28.3.2014. Date of commencement, on publication on LW, cl 2. | |
(246) | Wingecarribee Local Environmental Plan 2010 (Amendment No 18). LW 2.5.2014. Date of commencement, on publication on LW, cl 2. | |
(350) | Wingecarribee Local Environmental Plan 2010 (Amendment No 10). LW 6.6.2014. Date of commencement, on publication on LW, cl 2. | |
No 33 | Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 2.36, 14.7.2014, Sch 2.36; date of commencement of Sch 2.46, 4.7.2014, sec 2 (1). | |
(394) | Wingecarribee Local Environmental Plan 2010 (Amendment No 19). LW 27.6.2014. Date of commencement, on publication on LW, cl 2. | |
(395) | Wingecarribee Local Environmental Plan 2010 (Amendment No 20). LW 27.6.2014. Date of commencement, on publication on LW, cl 2. | |
(443) | Wingecarribee Local Environmental Plan 2010 (Amendment No 11). LW 11.7.2014. Date of commencement, on publication on LW, cl 2. | |
(457) | Wingecarribee Local Environmental Plan 2010 (Amendment No 21). LW 18.7.2014. Date of commencement, on publication on LW, cl 2. | |
(458) | Wingecarribee Local Environmental Plan 2010 (Amendment No 22). LW 18.7.2014. Date of commencement, on publication on LW, cl 2. | |
(477) | Wingecarribee Local Environmental Plan 2010 (Amendment No 14). LW 25.7.2014. Date of commencement, on publication on LW, cl 2. | |
(513) | Standard Instrument (Local Environmental Plans) Amendment Order 2014. LW 15.8.2014. Date of commencement, on publication on LW, cl 2. | |
(579) | Wingecarribee Local Environmental Plan 2010 (Amendment No 15). LW 29.8.2014. Date of commencement, on publication on LW, cl 2. | |
(611) | Wingecarribee Local Environmental Plan 2010 (Amendment No 23). LW 12.9.2014. Date of commencement, on publication on LW, cl 2. | |
(635) | Wingecarribee Local Environmental Plan 2010 (Amendment No 24). LW 26.9.2014. Date of commencement, on publication on LW, cl 2. | |
(674) | Wingecarribee Local Environmental Plan 2010 (Amendment No 27). LW 17.10.2014. Date of commencement, on publication on LW, cl 2. | |
(702) | Wingecarribee Local Environmental Plan 2010 (Amendment No 26). LW 31.10.2014. Date of commencement, on publication on LW, cl 2. | |
No 74 | Water NSW Act 2014. Assented to 11.11.2014. Date of commencement, 1.1.2015, sec 2 and 2014 (839) LW 19.12.2014. | |
(738) | Wingecarribee Local Environmental Plan 2010 (Amendment No 28). LW 21.11.2014. Date of commencement, on publication on LW, cl 2. | |
(830) | Wingecarribee Local Environmental Plan 2010 (Amendment No 25). LW 19.12.2014. Date of commencement, on publication on LW, cl 2. | |
(105) | Wingecarribee Local Environmental Plan 2010 (Amendment No 30). LW 27.2.2015. Date of commencement, on publication on LW, cl 2. | |
(175) | Wingecarribee Local Environmental Plan 2010 (Amendment No 31). LW 10.4.2015. Date of commencement, on publication on LW, cl 2. | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 3, 15.7.2015, sec 2 (3). | |
(366) | Wingecarribee Local Environmental Plan 2010 (Amendment No 29). LW 3.7.2015. Date of commencement, on publication on LW, cl 2. | |
(367) | Wingecarribee Local Environmental Plan 2010 (Amendment No 32). LW 3.7.2015. Date of commencement, on publication on LW, cl 2. | |
(418) | Wingecarribee Local Environmental Plan 2010 (Amendment No 34). LW 29.7.2015. Date of commencement, on publication on LW, cl 2. | |
(581) | Wingecarribee Local Environmental Plan 2010 (Amendment No 35). LW 25.9.2015. Date of commencement, on publication on LW, cl 2. | |
(641) | Wingecarribee Local Environmental Plan 2010 (Amendment No 38). LW 16.10.2015. Date of commencement, on publication on LW, cl 2. | |
(683) | Wingecarribee Local Environmental Plan 2010 (Amendment No 37). LW 6.11.2015. Date of commencement, on publication on LW, cl 2. | |
(12) | Wingecarribee Local Environmental Plan 2010 (Amendment No 33). LW 8.1.2016. Date of commencement, on publication on LW, cl 2. | |
(41) | Wingecarribee Local Environmental Plan 2010 (Amendment No 36). LW 22.1.2016. Date of commencement, on publication on LW, cl 2. | |
(43) | Standard Instrument (Local Environmental Plans) Amendment (Maps) Order 2016. LW 27.1.2016. Date of commencement, 27.1.2016, cl 2. | |
(126) | Standard Instrument (Local Environmental Plans) Amendment Order 2016. LW 11.3.2016. Date of commencement, on publication on LW, cl 2. | |
(309) | Standard Instrument (Local Environmental Plans) Amendment (Observatory and Defence Facility) Order 2016. LW 10.6.2016. Date of commencement, 56 days after publication on LW, cl 2. | |
(310) | State Environmental Planning Policy (Integration and Repeals) 2016. LW 10.6.2016. Date of commencement, 56 days after publication on LW, cl 2. | |
(526) | Wingecarribee Local Environmental Plan 2010 (Amendment No 39). LW 19.8.2016. Date of commencement, on publication on LW, cl 2. | |
(74) | Wingecarribee Local Environmental Plan 2010 (Amendment No 40). LW 10.3.2017. Date of commencement, on publication on LW, cl 2. | |
(148) | Wingecarribee Local Environmental Plan 2010 (Amendment No 41). LW 13.4.2017. Date of commencement, on publication on LW, cl 2. | |
(385) | Wingecarribee Local Environmental Plan 2010 (Amendment No 42). LW 28.7.2017. Date of commencement, on publication on LW, cl 2. | |
(453) | Standard Instrument (Local Environmental Plans) Amendment (Vegetation) Order 2017. LW 25.8.2017. Date of commencement, 25.8.2017, cl 2. | |
(492) | Standard Instrument (Local Environmental Plans) Amendment (Child Care) Order 2017. LW 1.9.2017. Date of commencement, on publication on LW, cl 2. | |
(493) | State Environmental Planning Policy Amendment (Child Care) 2017. LW 1.9.2017. Date of commencement, on publication on LW, cl 2. | |
(607) | Wingecarribee Local Environmental Plan 2010 (Amendment No 43). LW 27.10.2017. Date of commencement, on publication on LW, cl 2. | |
(105) | Standard Instrument (Local Environmental Plans) Amendment (Coastal Management) Order 2018. LW 23.3.2018. Date of commencement, 3.4.2018, cl 2. | |
(154) | Standard Instrument (Local Environmental Plans) Amendment (Minimum Subdivision Lot Size) Order 2018. LW 20.4.2018. Date of commencement, on publication on LW, cl 2. | |
(273) | Wingecarribee Local Environmental Plan 2010 (Amendment No 44). LW 15.6.2018. 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. | |
(382) | Wingecarribee Local Environmental Plan 2010 (Amendment No 45). LW 13.7.2018. Date of commencement, on publication on LW, cl 2. | |
(404) | Standard Instrument (Local Environmental Plans) Amendment (Artisan Food and Drink Industries) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(405) | Standard Instrument (Local Environmental Plans) Amendment (Garden Centres) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(406) | State Environmental Planning Policy Amendment (Artisan Food and Drink Industries) 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(477) | Standard Instrument (Local Environmental Plans) Amendment (Land Use Terms) Order 2018. LW 29.8.2018. Date of commencement, 31.8.2018, cl 2. | |
(488) | State Environmental Planning Policy Amendment (Land Use Terms) 2018. LW 29.8.2018. Date of commencement of Sch 1.1, 31.8.2018, cl 2 (1). | |
No 46 | Children (Education and Care Services) Supplementary Provisions Amendment Act 2018. Assented to 27.9.2018. Date of commencement of Sch 2.3, 31.10.2019, sec 2(1) and 2019 (200) LW 24.5.2019. | |
(717) | Standard Instrument (Local Environmental Plans) Amendment (Greater Sydney Commission) Order 2018. LW 7.12.2018. Date of commencement, 10.12.2018, cl 2. | |
(39) | Wingecarribee Local Environmental Plan 2010 (Amendment No 46). LW 25.1.2019. Date of commencement, on publication on LW, cl 2. | |
(133) | Standard Instrument (Local Environmental Plans) Amendment (Primary Production and Rural Development) Order 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2. | |
(137) | State Environmental Planning Policy (Primary Production and Rural Development) 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2. | |
(153) | Wingecarribee Local Environmental Plan 2010 (Amendment No 47). LW 22.3.2019. Date of commencement, on publication on LW, cl 2. | |
(167) | Wingecarribee Local Environmental Plan 2010 (Amendment No 48). LW 5.4.2019. Date of commencement, on publication on LW, cl 2. | |
(186) | Wingecarribee Local Environmental Plan 2010 (Amendment No 49). LW 3.5.2019. Date of commencement, on publication on LW, cl 2. | |
(447) | Wingecarribee Local Environmental Plan 2010 (Amendment No 50). LW 6.9.2019. Date of commencement, on publication on LW, cl 2. | |
(566) | Wingecarribee Local Environmental Plan 2010 (Amendment No 51). LW 22.11.2019. Date of commencement, on publication on LW, cl 2. | |
(620) | Standard Instrument (Local Environmental Plans) Amendment Order 2019. LW 13.12.2019. Date of commencement, 15.1.2020, cl 2. | |
(621) | State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019. Date of commencement of Sch 5, 15.1.2020, cl 2(1). | |
(105) | Wingecarribee Local Environmental Plan 2010 (Amendment No 52). LW 20.3.2020. Date of commencement, on publication on LW, cl 2. | |
(155) | Standard Instrument (Local Environmental Plans) Amendment (Energy Storage Technology) Order 2020. LW 17.4.2020. Date of commencement, on publication on LW, cl 2. | |
(341) | Wingecarribee Local Environmental Plan 2010 (Amendment No 53). LW 26.6.2020. Date of commencement, on publication on LW, cl 2. | |
(619) | Wingecarribee Local Environmental Plan 2010 (Amendment No 55). LW 16.10.2020. Date of commencement, on publication on LW, cl 2. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). | |
(636) | Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2020. LW 28.10.2020. Date of commencement, 28.10.2020, cl 2. | |
(652) | Wingecarribee Local Environmental Plan 2010 (Amendment No 54). LW 6.11.2020. Date of commencement, on publication on LW, cl 2. | |
(653) | Wingecarribee Local Environmental Plan 2010 (Amendment No 56). LW 6.11.2020. Date of commencement, on publication on LW, 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. | |
(709) | Wingecarribee Local Environmental Plan 2010 (Amendment No 57). LW 4.12.2020. Date of commencement, on publication on LW, cl 2. | |
(762) | Standard Instrument (Local Environmental Plans) Amendment (Secondary Dwellings) Order 2020. LW 18.12.2020. Date of commencement, 1.2.2021, cl 2. | |
(768) | Wingecarribee Local Environmental Plan 2010 (Amendment No 59). LW 18.12.2020. Date of commencement, on publication on LW, cl 2. | |
No 6 | Community Land Development Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021. | |
(175) | State Environmental Planning Policy (Affordable Rental Housing) Amendment (Short-term Rental Accommodation) 2021. LW 9.4.2021. Date of commencement, 1.11.2021, cl 2. Amended by State Environmental Planning Policy (Affordable Rental Housing) Amendment (Short-term Rental Accommodation) Amendment 2021 (414). LW 28.7.2021. Date of commencement, on publication on LW, cl 2. | |
(225) | State Environmental Planning Policy Amendment (Flood Planning) 2021. LW 14.5.2021. Date of commencement, 14.7.2021, cl 2. |
(226) | Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021. LW 14.5.2021. Date of commencement, 14.7.2021, cl 2. | |
(267) | Wingecarribee Local Environmental Plan 2010 (Amendment No 58). LW 4.6.2021. Date of commencement, on publication on LW, cl 2. | |
(302) | State Environmental Planning Policy Amendment (Natural Disasters) 2021. LW 18.6.2021. Date of commencement, 23.6.2021, cl 2. | |
(580) | Wingecarribee Local Environmental Plan 2010 (Amendment No 60). LW 1.10.2021. Date of commencement, on publication on LW, cl 2. | |
(592) | Wingecarribee Local Environmental Plan 2010 (Amendment No 61). LW 8.10.2021. Date of commencement, on publication on LW, cl 2. | |
(650) | Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. LW 5.11.2021. Date of commencement of Sch 1[1]–[15] [17] [19] [23]–[48] and [50]–[53] and Sch 2, 1.12.2021, cl 2(1); date of commencement of Sch 1[16] [18] [20]–[22] [49] [54] and [55], 30.6.2022, cl 2(1A); date of commencement of Sch 3, 26.4.2023, cl 2(2). Amended by Standard Instrument (Local Environmental Plans) Further Amendment (Land Use Zones) Order 2021 (712). LW 26.11.2021. Date of commencement, on publication on LW, cl 2. Amended by Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022 (726). LW 30.11.2022. Date of commencement, on publication on LW, cl 2. | |
(711) | Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2021. LW 26.11.2021. Date of commencement, on publication on LW, cl 2. | |
(804) | Wingecarribee Local Environmental Plan 2010 (Amendment No 62). LW 22.12.2021. Date of commencement, on publication on LW, cl 2. | |
(71) | Standard Instrument (Local Environmental Plans) Amendment (SEPPs) Order 2022. LW 4.3.2022. Date of commencement, 9.3.2022, cl 2. | |
(72) | State Environmental Planning Policy Amendment (Miscellaneous) 2022. LW 4.3.2022. Date of commencement, on publication on LW, sec 2. | |
(314) | State Environmental Planning Policy Amendment (Local Distribution Premises) 2022. LW 24.6.2022. Date of commencement, 30.6.2022, sec 2. | |
(572) | Wingecarribee Local Environmental Plan 2010 (Amendment No 64). LW 23.9.2022. Date of commencement, on publication on LW, cl 2. | |
(592) | Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2022. LW 6.10.2022. Date of commencement, 1.12.2022, cl 2. | |
(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. | |
(629) | State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022. Date of commencement, 21.11.2022, sec 2. | |
(633) | Wingecarribee Local Environmental Plan 2010 (Amendment No 66). LW 21.10.2022. Date of commencement, on publication on LW, cl 2. | |
(665) | Wingecarribee Local Environmental Plan 2010 (Amendment No 65). LW 4.11.2022. Date of commencement, on publication on LW, cl 2. | |
(857) | State Environmental Planning Policy Amendment (Land Use Zones) (No 6) 2022. LW 16.12.2022. Date of commencement, 26.4.2023, sec 2. Amended by Inner West Local Environmental Plan Amendment (Land Use Zones) 2022 (856). LW 16.12.2022. Date of commencement, immediately before the commencement of State Environmental Planning Policy Amendment (Land Use Zones) (No 6) 2022 (i.e. on publication on LW), cl 2. | |
(250) | Wingecarribee Local Environmental Plan 2010 (Amendment No 67). LW 12.5.2023. Date of commencement, on publication on LW, cl 2. | |
(458) | State Environmental Planning Policy Amendment (Agritourism) 2023. LW 18.8.2023. Date of commencement, on publication on LW, sec 2. | |
(522) | Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023. LW 15.9.2023. Date of commencement, 1.11.2023, cl 2. | |
(554) | State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023. LW 29.9.2023. Date of commencement, 1.10.2023, sec 2. | |
(579) | Wingecarribee Local Environmental Plan 2010 (Amendment No 68). LW 20.10.2023. Date of commencement, on publication on LW, 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. | |
(494) | Wingecarribee Local Environmental Plan 2010 (Amendment No 69). LW 20.9.2024. Date of commencement, on publication on LW, cl 2. | |
(53) | Wingecarribee Local Environmental Plan 2010 (Amendment No 70). LW 21.2.2025. Date of commencement, on publication on LW, cl 2. | |
(319) | Wingecarribee Local Environmental Plan 2010 (Amendment No 71). LW 27.6.2025. Date of commencement, on publication on LW, cl 2. | |
(485) | Wingecarribee Local Environmental Plan 2010 (Amendment No 72). LW 5.9.2025. Date of commencement, on publication on LW, cl 2. | |
(511) | Standard Instrument (Local Environmental Plans) Amendment (Group Homes) Order 2025. LW 19.9.2025. Date of commencement, on publication on LW, cl 2. |
No reference is made to certain amendments made consequential on the amendment of the Standard Instrument (Local Environmental Plans) Order 2006.
Cl 1.2 | Am 2011 (363), Sch 27 [1]. |
Cl 1.8 | Am 2011 (363), Sch 27 [2]; 2016 (310), Sch 4.37. |
Cl 1.8A | Am 2019 (621), Sch 5[1]; 2020 (341), Sch 1[1]; 2020 (653), Sch 1[1]; 2021 (267), cl 5(1) (2); 2022 (665), cl 5(1). |
Cl 1.9A | Am 2011 (363), Sch 27 [3]; 2019 (621), Sch 5[2]–[4]. |
Cl 2.1 | Am 2022 (857), Sch 1.8[1]. |
Cl 2.6BB | Am 2010 (554), cl 4 (1). |
Cl 2.8 | Am 2020 (709), Sch 1[1]. |
Land Use Table | Am 2010 (554), cl 4 (2)–(5); 2011 (363), Sch 27 [4]–[43]; 2013 (319), cl 4; 2013 (596), Sch 1 [1]–[10]; 2014 No 33, Sch 2.46 [1]; 2017 (493), Sch 1.1 [1] [2]; 2018 (382), Sch 1 [1]–[3]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2020 (709), Sch 1[2] [3]; 2022 (314), Sch 1; 2022 (857), Sch 1.8[2]; 2023 (458), Sch 2.86; 2025 (319), Sch 1[1]. |
Cl 3.3 | Am 2011 (363), Sch 27 [44]; 2014 No 74, Sch 3.50. |
Cl 4.1AA | Ins 2011 (363), Sch 27 [45]. Subst 2018 (382), Sch 1 [4]. Am 2020 (341), Sch 1[2]; 2022 (857), Sch 1.8[3] [4]. |
Cl 4.1A | Ins 2018 (382), Sch 1 [4]. Am 2020 (341), Sch 1[3][4]; 2022 (857), Sch 1.8[3] [4]. |
Cl 4.2A | Am 2011 (363), Sch 27 [46]; 2014 (457), Sch 1 [1]–[3]; 2014 (738), Sch 1 [1]; 2018 (382), Sch 1 [5]; 2022 (857), Sch 1.8[3]–[5]; 2023 (579), Sch 1. |
Cl 4.2B | Ins 2014 (246), Sch 1. Am 2014 (395), cl 4; 2018 (382), Sch 1 [6]; 2022 (857), Sch 1.8[3]–[6]. |
Cl 4.2C | Ins 2014 (738), Sch 1 [2]. Am 2022 (857), Sch 1.8[4]. |
Cl 4.2D | Ins 2014 (738), Sch 1 [2]. Am 2022 (857), Sch 1.8[3]. |
Cl 4.2E | Ins 2020 (341), Sch 1[5]. Subst 2023 (250), Sch 1[1]. |
Cl 4.2F | Ins 2020 (341), Sch 1[5]. Subst 2023 (250), Sch 1[1]. Am 2025 (485), Sch 1. |
Cl 4.6 | Am 2011 (363), Sch 27 [47]. |
Cl 5.4 | Am 2011 (363), Sch 27 [48] [49]; 2018 (406), Sch 1.153 [1] [2]; 2020 (709), Sch 1[4] [5]. |
Cl 5.5 | Subst 2021 (592), cl 4. |
Cl 5.9 | Am 2011 (363), Sch 27 [50]. Ins 2021 (302), Sch 1.35. Am 2022 (857), Sch 1.8[3] [4] [7]–[10]. |
Cl 5.13 | Ins 2011 (363), Sch 27 [51]. Subst 2014 (54), cl 3. |
Cl 5.19A | Ins 2020 (709), Sch 1[6]. |
Cl 5.24 | Subst 2025 (319), Sch 1[2]. |
Cl 5.25 | Subst 2023 (458), Sch 1[3]. |
Cl 6.1 | Am 2011 (363), Sch 27 [52]; 2019 (621), Sch 5[5]; 2023 (554), Sch 1. |
Cl 7.2 | Am 2022 (633), cl 4(1)–(3). Rep 2023 (250), Sch 1[2]. |
Cl 7.3 | Am 2018 (382), Sch 1 [7] [8]; 2022 (72), Sch 1.67; 2022 (629), Sch 3.26. |
Cl 7.5 | Am 2012 (420), Sch 1 [1] [2]. |
Cl 7.9 | Am 2018 (382), Sch 1 [9]. Rep 2021 (225), Sch 1. |
Cl 7.10 | Am 2011 (363), Sch 27 [46]; 2022 (857), Sch 1.8[4]. |
Cl 7.11 | Ins 2014 (122), cl 4. Am 2014 No 33, Sch 2.46 [2] [3]. Rep 2021 (175), Sch 2.15. Ins 2022 (857), Sch 1.8[11]. |
Cl 7.12 | Ins 2024 (494), Sch 1. |
Sch 1 | Am 2011 (363), Sch 27 [53] [54]; 2012 (420), Sch 1 [3]–[9]; 2014 (458), cl 5; 2014 (477), cl 5; 2014 (702), cl 5; 2017 (148), cl 5 (1); 2017 (493), Sch 1.2 [1]; 2019 (153), cl 5; 2019 (447), Sch 1; 2019 (566), Sch 1; 2020 (619), cl 5; 2020 (768), cl 5; 2022 (572), cl 5; 2022 (857), Sch 1.8[12] [13]; 2025 (319), Sch 1[3]. |
Sch 2 | Am 2011 (363), Sch 27 [55]; 2025 (53), Sch 1. |
Sch 3 | Am 2011 (363), Sch 27 [56]. |
Sch 4 | Am 2013 (185), cl 4 (1) (2); 2014 (830), Sch 1 [1]; 2015 (366), cl 4; 2015 (581), cl 5; 2016 (12), cl 5; 2016 (41), cl 5; 2020 (652), cl 5; 2021 (804), cl 5. |
Sch 5 | Am 2011 (446), Sch 1; 2014 (611), cl 5; 2017 (74), Sch 1 [1]–[5]; 2017 (148), cl 5 (2); 2020 (653), Sch 1[2] [3]; 2021 (267), cl 5(3); 2021 (580), cl 5; 2022 (665), cl 5(2). |
Dictionary | Am 2014 (830), Sch 1 [2]; 2018 (382), Sch 1 [10]. |
Maps | Am 2011 (306), cl 4; 2011 (446), cl 4; 2012 (192), cl 4; 2012 (420), cl 4; 2013 (384), cl 4; 2013 (385), cl 4; 2014 (157), cl 4; 2014 (350), cl 4; 2014 (394), cl 4; 2014 (443), cl 4; 2014 (458), cl 4; 2014 (477), cl 4; 2014 (579), cl 4; 2014 (611), cl 4; 2014 (635), cl 4; 2014 (674), cl 4; 2014 (702), cl 4; 2014 (830), cl 4; 2015 (175), cl 4; 2015 (367), cl 4; 2015 (418), cl 4; 2015 (581), cl 4; 2015 (641), cl 4; 2015 (683), cl 4; 2016 (12), cl 4; 2016 (41), cl 4; 2016 (526), cl 4; 2017 (74), cl 4; 2017 (148), cl 4; 2017 (385), cl 4; 2017 (607), cl 4; 2018 (273), cl 4; 2018 (382), cl 4; 2019 (39), cl 4; 2019 (153), cl 4; 2019 (167), cl 4; 2019 (186), cl 4; 2019 (447), cl 4; 2019 (566), cl 4; 2020 (105), cl 4; 2020 (619), cl 4; 2020 (652), cl 4; 2020 (653), cl 4; 2020 (768), cl 4; 2021 (267), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment. |
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