Wollongong Local Environmental Plan (West Dapto) 2010 (NSW)

Part 1Preliminary1.1Name of Plan

This Plan is Wollongong Local Environmental Plan (West Dapto) 2010.

1.1AACommencement

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

1.2Aims of Plan(1)

This Plan aims to make local environmental planning provisions for land in the Wollongong local government area, known as West Dapto and Dapto Regional Centre, in accordance with the relevant standard environmental planning instrument under section 33A of the Act.

(2)

The particular aims of this Plan are as follows:

(a)
to achieve economically, environmentally and socially sustainable urban development on land at West Dapto and Dapto Regional Centre for the current and future residents of Wollongong,
(b)
to provide for the development of land at West Dapto and Dapto Regional Centre for conservation, open space, residential, commercial, and employment-generating purposes, in accordance with the land’s capacity to sustain that development,
(c)
to establish development controls for the land to which this Plan applies in order to facilitate the timely provision of physical and social infrastructure, the orderly phasing of the development of land, the protection of riparian vegetation corridors and items of environmental and cultural heritage and the management of stormwater and to provide for appropriate management of land that will contribute to biodiversity conservation,
(d)
to identify, protect and manage environmentally and culturally sensitive areas at West Dapto and Dapto Regional Centre, including waterways, riparian corridors, biological corridors, remnant native vegetation and associated buffers and items of environmental heritage,
(e)
to ensure development at West Dapto is consistent with the principles of integrating land use and transport.

1.3Land to which Plan applies(1)

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

(1A)

Despite subclause (1), this Plan does not apply to the land identified on the Land Application Map as “Deferred matter”.

1.4Definitions

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

1.5Notes

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

1.6Consent authority

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

1.7Maps(1)

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

(a)
approved by the Minister 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 Minister when the instruments are made.

(2)

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

(3)

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

(4)

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

Note—

The maps adopted by this Plan are to be made available on the official NSW legislation website in connection with this Plan. 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 Infrastructure.

1.8Repeal of planning instruments applying to land(1)

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

Note—

The following local environmental plans are repealed under this provision:

•
Wollongong Local Environmental Plan No 38

(2)

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

1.8ASavings provision relating to development applications

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.

Note—

However, under Division 4B of Part 3 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.

1.9Application of SEPPs(1)

This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 36 of the Act.

(2)

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

•
State Environmental Planning Policy No 1—Development Standards
•
State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development (clauses 6 and 10 and Parts 3 and 4)
•
State Environmental Planning Policy No 60—Exempt and Complying Development
•
Illawarra Regional Environmental Plan No 1

1.9ASuspension of covenants, agreements and instruments(1)

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.

(2)

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 prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, 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 Division 6 of Part 4 of the Act.

(3)

This clause does not affect the rights or interests of any public authority under any registered instrument.

(4)

Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).

Part 2Permitted or prohibited development2.1Land use zones

The land use zones under this Plan are as follows:

•Rural Zones
RU1 Primary Production
RU2 Rural Landscape
•Residential Zones
R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
•Business Zones
B1 Neighbourhood Centre
B2 Local Centre
B3 Commercial Core
B4 Mixed Use
B6 Enterprise Corridor
•Industrial Zones
- •
  IN2 Light Industrial
- •
  IN3 Heavy Industrial
•Special Purpose Zones
SP2 Infrastructure
•Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
•Environment Protection Zones
E2 Environmental Conservation
E3 Environmental Management
E4 Environmental Living

2.2Zoning of land to which Plan applies

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

2.3Zone objectives and Land Use Table(1)

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

(a)
the objectives for development, and
(b)
development that may be carried out without development consent, and
(c)
development that may be carried out only with development consent, and
(d)
development that is prohibited.

(2)

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

(3)

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

(a)
a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b)
a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.

(4)

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

Notes—

1
Schedule 1 sets out additional permitted uses for particular land.

2
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 or, if applicable, Part 3A of the Act.

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

4
Clause 2.6 requires consent for subdivision of land.

5
Part 5 contains other provisions which require consent for particular development.

2.4Unzoned land(1)

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

(2)

Before granting development consent, the consent authority:

(a)
must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b)
must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.

2.5Additional permitted uses for particular land(1)

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

(a)
with development consent, or
(b)
if the Schedule so provides—without development consent,

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

(2)

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

2.6Subdivision—consent requirements(1)

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

Notes—

1
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.

2
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.

(2)

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

Note—

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

2.7Demolition requires development consent

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

Note—

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

2.8Temporary use of land(1)

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

(2)

Despite any other provision of this Plan, development consent may be granted for development on land in any zone for any temporary use for a maximum period of 28 days (whether or not consecutive days) in any period of 12 months.

(3)

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

(a)
the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b)
the temporary use does 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 practicable, be restored to the condition in which it was before the commencement of the use.

(4)

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

(5)

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

Note—

A type of development referred to in the Land Use Table is a reference to that type of development only to the extent it is not regulated by an applicable State environmental planning policy. The following State environmental planning policies in particular may be relevant to development on land to which this Plan applies:

•
State Environmental Planning Policy (Affordable Rental Housing) 2009 (including provision for secondary dwellings)
•
State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004
•
State Environmental Planning Policy (Infrastructure) 2007—relating to infrastructure facilities such as those that comprise, or are for, 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 (Mining, Petroleum Production and Extractive Industries) 2007
•
State Environmental Planning Policy (Rural Lands) 2008
•
State Environmental Planning Policy No 33—Hazardous and Offensive Development
•
State Environmental Planning Policy No 50—Canal Estate Development
•
State Environmental Planning Policy No 62—Sustainable Aquaculture
•
State Environmental Planning Policy No 64—Advertising and Signage

Primary Production1Objectives of zone

•
To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
•
To encourage diversity in primary industry enterprises and systems appropriate for the area.
•
To minimise the fragmentation and alienation of resource lands.
•
To minimise conflict between land uses within this zone and land uses within adjoining zones.

2Permitted without consent

Building identification signs; Extensive agriculture; Home occupations

3Permitted with consent

Agricultural produce industries; Agriculture; Animal boarding or training establishments; Business identification signs; Dwelling houses; Environmental protection works; Extractive industries; Farm buildings; Forestry; Intensive livestock agriculture; Intensive plant agriculture; Open cut mining; Roads; Roadside stalls

4Prohibited

Any development not specified in item 2 or 3

Rural Landscape1Objectives of zone

•
To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
•
To maintain the rural landscape character of the land.
•
To provide for a range of compatible land uses, including extensive agriculture.
•
To retain, manage or restore native vegetation.

2Permitted without consent

Extensive agriculture; Home occupations; Roadside stalls

3Permitted with consent

Agricultural produce industries; Agriculture; Animal boarding or training establishments; Bed and breakfast accommodation; Child care centres; Community facilities; Correctional centres; Crematoria; Dwelling houses; Environmental facilities; Environmental protection works; Farm buildings; Farm stay accommodation; Forestry; Helipads; Home-based child care; Home businesses; Home industries; Hospitals; Places of public worship; Recreation areas; Recreation facilities (outdoor); Respite day care centres; Roads; Rural supplies; Secondary dwellings; Signage; Veterinary hospitals

4Prohibited

Any development not specified in item 2 or 3

Low Density Residential1Objectives of zone

•
To provide for the housing needs of the community within a low density residential environment.
•
To enable other land uses that provide facilities or services to meet the day to day needs of residents.
•
To set aside land primarily for detached housing with gardens, in an environment free from commercial and unsympathetic activities and buildings.
•
To allow some diversity of activities and housing types, provided that:
- •
  densities, scale and height are comparable to those of detached housing, and
- •
  there is minimal increase in traffic generation, and
- •
  there will be no significant detraction from the character of the locality or the amenity of any existing or proposed development nearby.

2Permitted without consent

Home occupations

3Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Boat launching ramps; Car parks; Child care centres; Community facilities; Dual occupancies; Dwelling houses; Educational establishments; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Group homes; Health consulting rooms; Home-based child care; Home businesses; Home industries; Hospitals; Hostels; Information and education facilities; Jetties; Multi dwelling housing; Neighbourhood shops; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Shop top housing; Signage; Veterinary hospitals

4Prohibited

Any development not specified in item 2 or 3

Medium Density Residential1Objectives of zone

•
To provide for the housing needs of the community within a medium density residential environment.
•
To provide a variety of housing types within a medium density residential environment.
•
To enable other land uses that provide facilities or services to meet the day to day needs of residents.
•
To allow for a range of residential densities and for urban consolidation in appropriate locations.
•
To allow some diversity of activities and densities, provided that:
- •
  the scale and height of any proposed building is comparable with the scale and height of existing buildings in the locality, and
- •
  traffic generation can be managed in a way that avoids adverse impacts on the local road system, and
- •
  there will be no significant detraction from the character of the locality or the amenity of any existing or proposed development nearby.

2Permitted without consent

Home occupations

3Permitted with consent

Attached dwellings; Backpackers’ accommodation; Bed and breakfast accommodation; Boarding houses; Car parks; Child care centres; Community facilities; Dual occupancies; Dwelling houses; Educational establishments; Environmental protection works; Exhibition homes; Exhibition villages; Group homes; Home-based child care; Home businesses; Hospitals; Hostels; Information and education facilities; Multi dwelling housing; Neighbourhood shops; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential flat buildings; Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Serviced apartments; Shop top housing; Signage; Veterinary hospitals

4Prohibited

Any development not specified in item 2 or 3

Large Lot Residential1Objectives of zone

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

•
To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.
•
To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.
•
To minimise conflict between land uses in this zone and land uses within adjoining zones.

2Permitted without consent

Home occupations

3Permitted with consent

Animal boarding or training establishments; Bed and breakfast accommodation; Business identification signs; Child care centres; Community facilities; Dwelling houses; Environmental protection works; Exhibition homes; Farm buildings; Home-based child care; Home businesses; Home industries; Places of public worship; Recreation areas; Respite day care centres; Roads; Roadside stalls; Secondary dwellings

4Prohibited

Any development not specified in item 2 or 3

Neighbourhood Centre1Objectives of zone

•
To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.
•
To allow some diversity of activities and densities provided that:
- •
  the scale and height of any proposed building are comparable with the scale and height of any existing building in the locality, and
- •
  there is minimal increase in traffic generation, and
- •
  there will be no significant detraction from the character of the locality or the amenity of any existing or proposed development nearby.

2Permitted without consent

Building identification signs; Business identification signs; Home occupations

3Permitted with consent

Amusement centres; Backpackers’ accommodation; Bed and breakfast accommodation; Boarding houses; Business premises; Car parks; Child care centres; Community facilities; Entertainment facilities; Environmental protection works; Home-based child care; Home businesses; Hotel or motel accommodation; Information and education facilities; Medical centres; Neighbourhood shops; Office premises; Places of public worship; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Retail premises; Roads; Seniors housing; Service stations; Shop top housing; Signage; Veterinary hospitals

4Prohibited

Bulky goods premises; Rural supplies; Vehicle sales or hire premises; Any other development not specified in item 2 or 3

Local Centre1Objectives of zone

•
To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit, the local area.
•
To encourage employment opportunities in accessible locations.
•
To maximise public transport patronage and encourage walking and cycling.

2Permitted without consent

Building identification signs; Business identification signs; Home occupations

3Permitted with consent

Amusement centres; Boarding houses; Car parks; Child care centres; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Environmental protection works; Exhibition homes; Function centres; Home businesses; Hostels; Information and education facilities; Medical centres; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Roads; Self-storage units; Seniors housing; Service stations; Sex services premises; Shop top housing; Signage; Tourist and visitor accommodation; Veterinary hospitals; Wholesale supplies

4Prohibited

Any development not specified in item 2 or 3

Commercial Core1Objectives of zone

•
To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.
•
To encourage appropriate employment opportunities in accessible locations.
•
To maximise public transport patronage and encourage walking and cycling.
•
To encourage a diverse and compatible range of activities including:
- •
  commercial and retail development, and
- •
  cultural and entertainment facilities, and
- •
  tourism, leisure and recreation facilities, and
- •
  social, education and health services.
•
To provide for high density residential development that contributes to the vitality of the Dapto Regional Centre and is in locations that are accessible to public transport, employment and retail, commercial and service facilities.

2Permitted without consent

Building identification signs; Business identification signs; Home occupations

3Permitted with consent

Amusement centres; Boarding houses; Car parks; Child care centres; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Environmental protection works; Exhibition homes; Function centres; Helipads; Home businesses; Hostels; Hotel or motel accommodation; Information and education facilities; Medical centres; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Self-storage units; Seniors housing; Service stations; Sex services premises; Shop top housing; Signage; Tourist and visitor accommodation; Veterinary hospitals; Wholesale supplies

4Prohibited

Any development not specified in item 2 or 3

Mixed Use1Objectives of zone

•
To provide a mixture of compatible land uses.
•
To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

2Permitted without consent

Building identification signs; Business identification signs; Home occupations

3Permitted with consent

Amusement centres; Boarding houses; Car parks; Child care centres; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Environmental facilities; Environmental protection works; Exhibition homes; Function centres; Home businesses; Hostels; Hotel or motel accommodation; Information and education facilities; Medical centres; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Self-storage units; Seniors housing; Service stations; Shop top housing; Signage; Tourist and visitor accommodation; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Wholesale supplies

4Prohibited

Farm stay accommodation; Any other development not specified in item 2 or 3

Enterprise Corridor1Objectives of zone

•
To promote businesses along main roads and to encourage a mix of compatible uses.
•
To provide a range of employment uses (including business, office, retail and light industrial uses).
•
To maintain the economic strength of centres by limiting retailing activity.
•
To accommodate close to the Dapto central business district sales rooms and showrooms that require extensive space (for example, as bulky goods retail outlets).
•
To encourage activities that will contribute to the economic and employment growth of the City of Wollongong, including the port of Port Kembla.
•
To permit the display and sale by retail of bulky goods where those activities will not adversely affect the viability of development in the Dapto Regional Centre.
•
To allow some diversity of activities that will not:
- •
  significantly detract from the operation of existing or proposed development, or
- •
  significantly detract from the amenity of nearby residents, or
- •
  have an adverse impact on the efficient operation of the surrounding road system.

2Permitted without consent

Building identification signs; Business identification signs; Home occupations

3Permitted with consent

Bulky goods premises; Business premises; Car parks; Child care centres; Community facilities; Depots; Entertainment facilities; Environmental facilities; Environmental protection works; Garden centres; Hardware and building supplies; Heavy industrial storage establishments; Home businesses; Hotel or motel accommodation; Industrial retail outlets; Landscaping material supplies; Light industries; Office premises; Passenger transport facilities; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreational facilities (outdoor); Registered clubs; Respite day care centres; Roads; Self-storage units; Service stations; Serviced apartments; Sex services premises; Shop top housing; Signage; Storage premises; Take away food and drink premises; Timber yards; Transport depots; Truck depots; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres

4Prohibited

Any development not specified in item 2 or 3

Light Industrial1Objectives of zone

•
To provide a wide range of light industrial, warehouse and related land uses.
•
To encourage employment opportunities and to support the viability of centres.
•
To minimise any adverse effect of industry on other land uses.
•
To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
•
To support and protect industrial land for industrial uses.
•
To encourage appropriate forms of industrial development that will contribute to the economic and employment growth of the City of Wollongong.
•
To facilitate and encourage suitable types of light industrial, high technology service and manufacturing activities that, due to their nature and the processes involved, are appropriate for inclusion in a light industrial zone.
•
To ensure that development cannot be carried out if the processes to be carried on, the transportation to be involved or the plant, machinery or materials to be used interfere unreasonably with the amenity of the area.
•
To allow some diversity of activities that will not:
- •
  significantly detract from the operation of existing or proposed manufacturing and service industries, or
- •
  significantly detract from the amenity of nearby residents, or
- •
  have an adverse impact on the efficient operation of the surrounding road system.

2Permitted without consent

Building identification signs; Business identification signs

3Permitted with consent

Agricultural produce industries; Animal boarding or training establishments; Aquaculture; Boat building and repair facilities; Community facilities; Crematoria; Depots; Environmental protection works; Freight transport facilities; Hardware and building supplies; Helipads; Industrial retail outlets; Industrial training facilities; Kiosks; Landscaping material supplies; Light industries; Mortuaries; Neighbourhood shops; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Roads; Self-storage units; Service stations; Sex services premises; Signage; Take away food and drink premises; Timber yards; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water treatment facilities

4Prohibited

Any development not specified in item 2 or 3

Heavy Industrial1Objectives of zone

•
To provide suitable areas for those industries that need to be separated from other land uses.
•
To encourage employment opportunities.
•
To minimise any adverse effect of heavy industry on other land uses.
•
To support and protect industrial land for industrial uses.
•
To make best use of public utilities and infrastructure required by substantial enterprises.

2Permitted without consent

Building identification signs; Business identification signs

3Permitted with consent

Boat building and repair facilities; Depots; Environmental protection works; Freight transport facilities; General industries; Hazardous storage establishments; Heavy industrial storage establishments; Heavy industries; Helipads; Industrial training facilities; Industrial retail outlets; Light industries; Kiosks; Offensive storage establishments; Recreation areas; Recreation facilities (indoor); Roads; Rural industries; Service stations; Signage; Storage premises; Take away food and drink premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Water supply systems

4Prohibited

Any development not specified in item 2 or 3

Infrastructure1Objectives of zone

•
To provide for infrastructure and related uses.
•
To prevent development that is not compatible with or that may detract from the provision of infrastructure.
•
To set aside land for the future provision of key infrastructure required to service development.

2Permitted without consent

Building identification signs

3Permitted with consent

The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Car parks; Child care centres; Community facilities; Environmental protection works; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Roads; Signage

4Prohibited

Any development not specified in item 2 or 3

Public Recreation1Objectives of zone

•
To enable land to be used for public open space or recreational purposes.
•
To provide a range of recreational settings and activities and compatible land uses.
•
To protect and enhance the natural environment for recreational purposes.
•
To identify areas where recreation facilities for the general use of the local community for active and passive recreation may be developed.
•
To cater for the development of a wide range of facilities for the benefit of the community.

2Permitted without consent

Nil

3Permitted with consent

Boat sheds; Car parks; Child care centres; Community facilities; Environmental facilities; Environmental protection works; Helipads; Information and education facilities; Kiosks; Markets; 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 recreation structures

4Prohibited

Any development not specified in item 2 or 3

Private Recreation1Objectives of zone

•
To enable land to be used for private open space or recreational purposes.
•
To provide a range of recreational settings and activities and compatible land uses.
•
To protect and enhance the natural environment for recreational purposes.
•
To allow some diversity of activities that will not prejudice the objectives referred to above or significantly detract from the character of the locality or the amenity of any existing or proposed development in the locality.

2Permitted without consent

Nil

3Permitted with consent

Boat building and repair facilities; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Child care centres; Community facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Function centres; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restaurants or cafes; Roads; Signage; Take away food and drink premises; Water recreation structures

4Prohibited

Any development not specified in item 2 or 3

Environmental Conservation1Objectives of zone

•
To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
•
To prevent development that could destroy, damage or otherwise have an adverse effect on those values.
•
To identify and protect escarpment areas that enhance the visual amenity of West Dapto and possess special aesthetic or conservational value.
•
To retain and enhance the visual and scenic qualities of the Illawarra Escarpment.
•
To prevent clearing of native vegetation.

2Permitted without consent

Nil

3Permitted with consent

Environmental facilities; Environmental protection works; Extensive agriculture; Recreation areas

4Prohibited

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

Environmental Management1Objectives of zone

•
To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.
•
To provide for a limited range of development that does not have any adverse effect on those values.
•
To provide for the conservation and rehabilitation of native vegetation on highly environmentally significant lands.
•
To provide for limited development potential in cleared areas to offset the cost of revegetation and rehabilitation works on land.
•
To retain and enhance the visual and scenic qualities of the Illawarra Escarpment.
•
To ensure the form and siting of structures, and the colours, materials, and landscaping of the structure, are appropriate for and harmonise with the bushland character of the locality.
•
To ensure development is designed, sited and managed to avoid or mitigate any adverse environmental impact on any significant vegetation community and the ecological buffer required to protect that significant vegetation community.

2Permitted without consent

Home occupations

3Permitted with consent

Bed and breakfast accommodation; Building identification signs; Business identification signs; Community facilities; Dwelling houses; Environmental facilities; Environmental protection works; Extensive agriculture; Farm buildings; Forestry; Home businesses; Recreation areas; Roads; Secondary dwellings

4Prohibited

Industries; 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

Environmental Living1Objectives of zone

•
To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.
•
To ensure that residential development does not have an adverse effect on those values.
•
To ensure the form and siting of structures, and the colours, materials, and landscaping of the structure, are appropriate for and harmonise with the bushland character of the locality.
•
To ensure development is designed, sited and managed to avoid or mitigate any adverse environmental impact on any significant vegetation community and the ecological buffer required to protect that significant vegetation community.

2Permitted without consent

Building identification signs; Home occupations

3Permitted with consent

Bed and breakfast accommodation; Business identification signs; Community facilities; Dwelling houses; Educational establishments; Environmental facilities; Environmental protection works; Home businesses; Recreation areas; Roads; Secondary dwellings

4Prohibited

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

Part 3Exempt and complying development3.1Exempt developmentNote—

Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.

The section states that exempt development:

(a)
must be of minimal environmental impact, and
(b)
cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and
(c)
cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).

(1)

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

(2)

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

(3)

To be exempt development, the development:

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

(b)
must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c)
must not be designated development, and
(d)
must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.

(4)

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

(a)
the building has a current fire safety certificate or fire safety statement, or
(b)
no fire safety measures are currently implemented, required or proposed for the building.

(5)

To be exempt development, the development must:

(a)
be installed in accordance with the manufacturer’s specifications, if applicable, and
(b)
not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent.

Note—

A permit for the removal or pruning of a tree or other vegetation may be granted under this Plan. A development consent for the removal of native vegetation may be granted where relevant under the Native Vegetation Act 2003.

(5A)

To be exempt development, the development must not be carried out on land that is in a flood planning area.

(6)

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

3.2Complying developmentNote—

Under section 76A of the Act, development consent for the carrying out of complying development may be obtained by the issue of a complying development certificate.

The section states that development cannot be complying development if:

(a)
it is on land that is critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or
(b)
it is on land within a wilderness area (identified under the Wilderness Act 1987), or
(c)
the development is designated development, or
(d)
the development is on land that comprises, or on which there is, an item of environmental heritage (that is listed on the State Heritage Register or in Schedule 5 to this Plan or that is subject to an interim heritage order under the Heritage Act 1977), or
(e)
the development requires concurrence (except a concurrence of the Director-General of the Department of Environment, Climate Change and Water in respect of development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat (identified under the Threatened Species Conservation Act 1995)), or
(f)
the development is on land identified as an environmentally sensitive area.

(1)

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

(2)

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

(a)
the development standards specified in relation to that development, and
(b)
the requirements of this Part,

is complying development.

Note—

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

(3)

To be complying development, the development must:

(a)
be permissible, with development consent, in the zone in which it is carried out, and
(b)
meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c)
have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.

(4)

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

(4A)

To be complying development, the development must not be carried out on any of the following land:

(a)
land that is flood planning area,
(b)
land shown on the Acid Sulfate Soils Map as being in class 1, 2, 3, 4 or 5,
(c)
land within Zone RU1 Primary Production, Zone E2 Environmental Conservation or Zone E3 Environmental Management,
(d)
land with a slope of 18 degrees or greater.

(5)

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

3.3Environmentally sensitive areas excluded(1)

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

(2)

For the purposes of this clause:

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

(a)
the coastal waters of the State,
(b)
a coastal lake,
(c)
land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies,
(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 Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j)
land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994,
(ja)
land identified as containing an endangered ecological community under the Threatened Species Conservation Act 1995 or Fisheries Management Act 1994.

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

The objectives of this clause are as follows:

(a)
to control the density of subdivision in accordance with the character of the location, site constraints and available services, facilities and infrastructure,
(b)
to ensure lots are of a sufficient size and shape to accommodate any future development.

(2)

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

(3)

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

(4)

This clause does not apply in relation to the subdivision of individual lots in a strata plan or community title scheme.

(4A)

In calculating the area of any lot resulting from a subdivision of land, if the lot is a battle-axe lot or other lot with access to a road by an access laneway, the area of the access laneway is not to be included.

(4B)

This clause does not apply in relation to the subdivision of land for the purpose of erecting an attached dwelling or a semi-detached dwelling in a residential zone.

Note—

Residential zones are listed in clause 2.1 of this Plan.

(4C)

This clause does not apply in relation to the subdivision of land in a residential zone on which there is an existing dual occupancy or multi dwelling housing.

4.1AAMinimum subdivision lot size for community title schemes(1)

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.

(2)

This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 1989 of land in any of the following zones:

(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(c)
Zone E3 Environmental Management.

(3)

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 1989) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

4.1AMinimum subdivision lot sizes for certain split zones(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 that cannot be subdivided under clause 4.1,
(b)
to ensure that the subdivision occurs in a manner that promotes suitable land use and development.

(2)

This clause applies to each lot (an original lot) that contains:

(a)
land in a residential, business or industrial zone or in Zone E4 Environmental Living, and
(b)
land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone E2 Environmental Conservation or Zone E3 Environmental Management.

(3)

Despite clause 4.1, development consent may be granted to subdivide an original lot to create other lots (the resulting lots) if:

(a)
one of the resulting lots will contain:
- (i)
  land in a residential, business or industrial zone or in Zone E4 Environmental Living that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and
- (ii)
  all of the land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone E2 Environmental Conservation or Zone E3 Environmental Management that was in the original lot, and
(b)
all other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.

4.2Rural subdivision(1)

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.

(2)

This clause applies to the following rural zones:

(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(c)
Zone RU4 Primary Production Small Lots,
(d)
Zone RU6 Transition.

Note—

When this Plan was made, it did not include Zone RU4 or RU6.

(3)

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.

(4)

However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.

(5)

A dwelling cannot be erected on such a lot.

Note—

A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).

4.2AErection of dwelling houses on land in certain rural and environmental protection zones(1)

This clause applies to land in the following zones:

•
Zone RU1 Primary Production,
•
Zone RU2 Rural Landscape,
•
Zone E3 Environmental Management.

(2)

Development consent must not be granted for the erection of a dwelling house on land to which this clause applies, and on which no dwelling house has been erected, unless the land is:

(a)
a lot created in accordance with clause 4.1, or
(b)
a lot created before this Plan commenced and on which the erection of a dwelling house was permissible immediately before that commencement, or
(c)
a lot created before this Plan commenced that is at least the minimum lot size specified for that lot by the Lot Size Map, or
(d)
a lot for which subdivision approval was granted before this Plan commenced and on which the erection of a dwelling house would have been permissible immediately before that commencement, or
(e)
an existing holding with an area of not less than 10 hectares, or
(f)
a lot that was created after 30 April 1971 but before 23 February 1984 and which has an area of not less than 20 hectares, or
(g)
a lot that was created on or after 23 February 1984 but before the commencement of this Plan and which has an area of not less than 40 hectares, or
(h)
a lot that was created before the commencement of this Plan, but only if the subdivision requirements for the land, or number of dwelling houses to be erected on the land, were specified in Schedule 2 to the Wollongong Local Environmental Plan 1990 immediately before that commencement.

Note 1—

A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.

(3)

Land ceases to be an existing holding for the purposes of subclause (2) (e), if an application for development consent referred to in subclause (2) is not made in relation to that land before 31 December 2012.

(4)

However, development consent may be granted for the erection of a dwelling house on land in a zone to which this clause applies if:

(a)
there is a lawfully erected dwelling house on the land and the dwelling house to be erected is intended only to replace the existing dwelling house, or
(b)
the land would have been a lot or a holding referred to in subclause (2) 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.

(5)

In determining whether to grant consent under this clause, the consent authority must consider the extent to which the development is likely to affect the environmental and ecological conservation of the land with respect to the extent of clearing required for the development, including any clearing required for the provision of infrastructure, access and any asset protection zone identified for the land in a bush fire risk management plan in force under the Rural Fires Act 1997.

(6)

In this clause:

existing holding means all adjoining land, even if separated by a road or railway, held in the same ownership:

(a)
on 30 April 1971, and
(b)
at the time of lodging a development application for the erection of a dwelling house under this clause,

and includes any other land adjoining that land acquired by the owner since 30 April 1971.

Note—

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.

4.2BStrata subdivisions in certain rural and environment protection zones(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.

(2)

This clause applies to land in the following zones that is used, or proposed to be used, for residential accommodation or tourist and visitor accommodation:

(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(c)
Zone E3 Environmental Management.

(3)

Development consent must not be granted for the subdivision of a lot to which this clause applies under a strata plan that would create lots below the minimum size shown on the Lot Size Map for that land.

Note—

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 specified complying development.

4.3Height of buildings(1)

The objectives of this clause are as follows:

(a)
to establish the maximum height limit in which buildings can be designed and floor space can be achieved,
(b)
to permit building heights that encourage high quality urban form,
(c)
to ensure buildings and public areas continue to have views of the sky and receive satisfactory amounts of sunlight.

(2)

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.

4.4Floor space ratio(1)

The objectives of this clause are as follows:

(a)
to provide an appropriate correlation between the size of a site and the extent of any development on that site,
(b)
to establish the maximum development density and intensity of land use, taking into account the availability of infrastructure and the generation of vehicle and pedestrian traffic,
(c)
to ensure buildings are compatible with the bulk and scale of the existing and future character of the locality.

(2)

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.

4.5Calculation of floor space ratio and site area(1)

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.

(2)

The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings in the site to the site area.

(3)

In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be:

(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.

(4)

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)).

(5)

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.

(6)

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.

(7)

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.

(8)

The gross floor area of any existing or proposed buildings in 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.

(9)

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.

(10)

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.

(11)

In this clause, public place has the same meaning as it has in the Local Government Act 1993.

4.6Exceptions to development standards(1)

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.

(2)

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.

(3)

Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

(a)
that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
(b)
that there are sufficient environmental planning grounds to justify contravening the development standard.

(4)

Development consent must not be granted for development that contravenes a development standard unless:

(a)
the consent authority is satisfied that:
- (i)
  the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
- (ii)
  the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development in the zone in which the development is proposed to be carried out, and
(b)
the concurrence of the Director-General has been obtained.

(5)

In deciding whether to grant concurrence, the Director-General must consider:

(a)
whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and
(b)
the public benefit of maintaining the development standard, and
(c)
any other matters required to be taken into consideration by the Director-General before granting concurrence.

(6)

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 E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 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.

Note—

When this Plan was made, it did not include Zone RU3, Zone RU4 or Zone RU6.

(7)

After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).

(8)

This clause does not allow development consent to be granted for development that would contravene any of the following:

(a)
a development standard for complying development,
(b)
a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,
(c)
clause 5.4.

(8A)

This clause does not allow consent to be granted for development that would contravene clause 4.2A, 6.1 or 7.10.

Part 5Miscellaneous provisions5.1Relevant acquisition authority(1)

The objective of this clause is to identify, for the purposes of section 27 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).

Note—

If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.

(2)

The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).

Type of land shown on Map	Authority of the State
Zone RE1 Public Recreation and marked “Local open space”	Council
Zone RE1 Public Recreation and marked “Regional open space”	The corporation constituted under section 8 of the Act
Zone SP2 Infrastructure and marked “Classified road”	Roads and Maritime Services
Zone E1 National Parks and Nature Reserves and marked “National Park”	Minister administering the National Parks and Wildlife Act 1974
Zone SP2 Infrastructure and marked “Local road”	Council
Zone R2 Low Density Residential and marked “Local road”	Council
Zone E3 Environmental Management and marked “Drainage management”	Council
Zone R3 Medium Density Residential and marked “Local road”	Council
Zone B2 Local Centre and marked “Local road”	Council
Zone IN2 Light Industrial and marked “Local road”	Council
Zone RE1 Public Recreation and marked “Local road”	Council
Zone E3 Environmental Management and marked “Local road”	Council

Note 1—

If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning is required to take action to enable the designation of the acquiring authority under this Part. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991).

Note 2—

When this Plan was made, it did not include Zone E1.

(3)

Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.

5.1ADevelopment on land intended to be acquired for a public purpose(1)

The objective of this clause is to limit development on certain land intended to be acquired for a public purpose.

(2)

This clause applies to land shown on the Land Reservation Acquisition Map and specified in Column 1 of the Table to this clause and that has not been acquired by the authority of the State specified for the land in clause 5.1.

(3)

Development consent must not be granted to any development on land to which this clause applies other than development for a purpose specified opposite that land in Column 2 of the Table to this clause.

Column 1	Column 2
Land	Development
Zone SP2 Infrastructure and marked “Classified road”	Earthworks; Public utility undertakings; Roads
Zone SP2 Infrastructure and marked “Local road”	Earthworks; Public utility undertakings; Roads
Zone RE1 Public Recreation and marked “Local open space”	Earthworks; Public utility undertakings; Recreation areas
Zone RE1 Public Recreation and marked “Regional open space”	Earthworks; Public utility undertakings; Recreation areas
Zone E3 Environmental Management and marked “Drainage management”	Earthworks; Public utility undertakings; Roads
Zone R2 Low Density Residential and marked “Local road”	Earthworks; Public utility undertakings; Roads

5.2Classification and reclassification of public land(1)

The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.

Note—

Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.

(2)

The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

(3)

The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.

(4)

The public land described in Part 1 of Schedule 4:

(a)
does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b)
continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.

(5)

The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except:

(a)
those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and
(b)
any reservations that except land out of the Crown grant relating to the land, and
(c)
reservations of minerals (within the meaning of the Crown Lands Act 1989).

Note—

In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.

5.3Development near zone boundaries(1)

The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.

(2)

This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 20 metres.

(3)

This clause does not apply to:

(a)
land in Zone RE1 Public Recreation, Zone E1 National Parks and Nature Reserves, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone W1 Natural Waterways, or
(ab)
land in Zone RU1 Primary Production, Zone B3 Commercial Core or Zone B4 Mixed Use, or
(b)
land in the coastal zone, or
(c)
land proposed to be developed for the purpose of sex services or restricted premises.

Note—

When this Plan was made, it did not include Zone E1 or Zone W1.

(4)

Despite the provisions of this Plan relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that:

(a)
the development is not inconsistent with the objectives for development in both zones, and
(b)
the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.

(5)

This clause does not prescribe a development standard that may be varied under this Plan.

5.4Controls relating to miscellaneous permissible uses(1)

If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.

Note—

Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.

(2)

If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 30 square metres of floor area.

(3)

If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 50 square metres of floor area.

(4)

If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed:

(a)
[insert number not more than 67]% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or
(b)
[insert number not more than 400] square metres,

whichever is the lesser.

(5)

If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.

(6)

If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 30 square metres.

(7)

If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 100 square metres.

(8)

If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 30 square metres.

(9)

If development for the purposes of a secondary dwelling is permitted under this Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater:

(a)
60 square metres,
(b)
67% of the total floor area of the principal dwelling.

5.5Development within the coastal zone(1)

The objectives of this clause are as follows:

(a)
to provide for the protection of the coastal environment of the State for the benefit of both present and future generations through promoting the principles of ecologically sustainable development,
(b)
to implement the principles in the NSW Coastal Policy, and in particular to:
- (i)
  protect, enhance, maintain and restore the coastal environment, its associated ecosystems, ecological processes and biological diversity and its water quality, and
- (ii)
  protect and preserve the natural, cultural, recreational and economic attributes of the NSW coast, and
- (iii)
  provide opportunities for pedestrian public access to and along the coastal foreshore, and
- (iv)
  recognise and accommodate coastal processes and climate change, and
- (v)
  protect amenity and scenic quality, and
- (vi)
  protect and preserve rock platforms, beach environments and beach amenity, and
- (vii)
  protect and preserve native coastal vegetation, and
- (viii)
  protect and preserve the marine environment, and
- (ix)
  ensure that the type, bulk, scale and size of development is appropriate for the location and protects and improves the natural scenic quality of the surrounding area, and
- (x)
  ensure that decisions in relation to new development consider the broader and cumulative impacts on the catchment, and
- (xi)
  protect Aboriginal cultural places, values and customs, and
- (xii)
  protect and preserve items of heritage, archaeological or historical significance.

(2)

Development consent must not be granted to development on land that is wholly or partly in the coastal zone unless the consent authority has considered:

(a)
existing public access to and along the coastal foreshore for pedestrians (including persons with a disability) with a view to:
- (i)
  maintaining existing public access and, where possible, improving that access, and
- (ii)
  identifying opportunities for new public access, and
(b)
the suitability of the proposed development, its relationship with the surrounding area and its impact on the natural scenic quality, taking into account:
- (i)
  the type of the proposed development and any associated land uses or activities (including compatibility of any land-based and water-based coastal activities), and
- (ii)
  the location, and
- (iii)
  the bulk, scale, size and overall built form design of any building or work involved, and
(c)
the impact of the proposed development on the amenity of the coastal foreshore including:
- (i)
  any significant overshadowing of the coastal foreshore, and
- (ii)
  any loss of views from a public place to the coastal foreshore, and
(d)
how the visual amenity and scenic qualities of the coast, including coastal headlands, can be protected, and
(e)
how biodiversity and ecosystems, including:
- (i)
  native coastal vegetation and existing wildlife corridors, and
- (ii)
  rock platforms, and
- (iii)
  water quality of coastal waterbodies, and
- (iv)
  native fauna and native flora, and their habitats,
can be conserved, and
(f)
the cumulative impacts of the proposed development and other development on the coastal catchment.

(3)

Development consent must not be granted to development on land that is wholly or partly in the coastal zone unless the consent authority is satisfied that:

(a)
the proposed development will not impede or diminish, where practicable, the physical, land-based right of access of the public to or along the coastal foreshore, and
(b)
if effluent from the development is disposed of by a non-reticulated system, it will not have a negative effect on the water quality of the sea, or any beach, estuary, coastal lake, coastal creek or other similar body of water, or a rock platform, and
(c)
the proposed development will not discharge untreated stormwater into the sea, or any beach, estuary, coastal lake, coastal creek or other similar body of water, or a rock platform, and
(d)
the proposed development will not:
- (i)
  be significantly affected by coastal hazards, or
- (ii)
  have a significant impact on coastal hazards, or
- (iii)
  increase the risk of coastal hazards in relation to any other land.

5.6Architectural roof features(1)

The objectives of this clause are as follows:

(a)
to provide an attractive built skyline that does not adversely impact on the natural landscape or important view corridors or surrounding land,
(b)
to specify what part of a building may exceed the height limits.

(2)

Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 4.3 may be carried out, but only with development consent.

(3)

Development consent must not be granted to any such development unless the consent authority is satisfied that:

(a)
the architectural roof feature:
- (i)
  comprises a decorative element on the uppermost portion of a building, and
- (ii)
  is not an advertising structure, and
- (iii)
  does not include floor space area and is not reasonably capable of modification to include floor space area, and
- (iv)
  will cause minimal overshadowing, and
(b)
any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature.

5.7Development below mean high water mark(1)

The objective of this clause is to ensure appropriate environmental assessment for development carried out on land covered by tidal waters.

(2)

Development consent is required to carry out development on any land below the mean high water mark of any body of water subject to tidal influence (including the bed of any such water).

5.8Conversion of fire alarms(1)

This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.

(2)

The following development may be carried out, but only with development consent:

(a)
converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,
(b)
converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c)
converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.

(3)

Development to which subclause (2) applies is complying development if it consists only of:

Riparian Land Map means the Wollongong Local Environmental Plan (West Dapto) 2010 Riparian Land Map.

road means a public road or a private road within the meaning of the Roads Act 1993, and includes a classified road.

roadside stall means a place or temporary structure used for the retail sale of agricultural produce or hand crafted goods (or both) produced from the property on which the stall is situated or from an adjacent property.

Note—

See clause 5.4 for controls relating to the gross floor area of roadside stalls.

Roadside stalls are a type of retail premises—see the definition of that term in this Dictionary.

rural industry means the handling, treating, production, processing, storage or packing of animal or plant agricultural products for commercial purposes, and includes any of the following:

(a)
agricultural produce industries,
(b)
livestock processing industries,
(c)
composting facilities and works (including the production of mushroom substrate),
(d)
sawmill or log processing works,
(e)
stock and sale yards,
(f)
the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise.

Note—

Rural industries are not a type of industry—see the definition of that term in this Dictionary.

rural supplies means a building or place used for the display, sale or hire of stockfeeds, grains, seed, fertilizers, veterinary supplies and other goods or materials used in farming and primary industry production.

Note—

Rural supplies are a type of retail premises—see the definition of that term in this Dictionary.

rural worker’s dwelling means a building or place that is additional to a dwelling house on the same lot and that is used predominantly as a place of residence by persons employed, whether on a long-term or short-term basis, for the purpose of agriculture or a rural industry on that land.

Note—

Rural workers’ dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.

sawmill or log processing works means a building or place used for handling, cutting, chipping, pulping or otherwise processing logs, baulks, branches or stumps, principally derived from surrounding districts, into timber or other products derived from wood.

Note—

Sawmill or log processing works are a type of rural industry—see the definition of that term in this Dictionary.

school means a government school or non-government school within the meaning of the Education Act 1990.

Note—

Schools are a type of educational establishment—see the definition of that term in this Dictionary.

secondary dwelling means a self-contained dwelling that:

(a)
is established in conjunction with another dwelling (the principal dwelling), and
(b)
is on the same lot of land as the principal dwelling, and
(c)
is located within, or is attached to, or is separate from, the principal dwelling.

Note—

See clause 5.4 for controls relating to the total floor area of secondary dwellings.

Secondary dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.

self-storage units means premises that consist of individual enclosed compartments for storing goods or materials (other than hazardous or offensive goods or materials).

Note—

Self-storage units are a type of storage premises—see the definition of that term in this Dictionary.

semi-detached dwelling means a dwelling that is on its own lot of land and is attached to only one other dwelling.

Note—

Semi-detached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.

seniors housing means a building or place that is:

(a)
a residential care facility, or
(b)
a hostel within the meaning of clause 12 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, or
(c)
a group of self-contained dwellings, or
(d)
a combination of any of the buildings or places referred to in paragraphs (a)–(c),

and that is, or is intended to be, used permanently for:

(e)
seniors or people who have a disability, or
(f)
people who live in the same household with seniors or people who have a disability, or
(g)
staff employed to assist in the administration of the building or place or in the provision of services to persons living in the building or place,

but does not include a hospital.

Note—

Seniors housing is a type of residential accommodation—see the definition of that term in this Dictionary.

service station means a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following:

(a)
the ancillary sale by retail of spare parts and accessories for motor vehicles,
(b)
the cleaning of motor vehicles,
(c)
installation of accessories,
(d)
inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),
(e)
the ancillary retail selling or hiring of general merchandise or services or both.

serviced apartment means a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.

Note—

Serviced apartments are a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.

sewage reticulation system means a building or place used for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated waste for use or disposal, including associated:

(a)
pipelines and tunnels, and
(b)
pumping stations, and
(c)
dosing facilities, and
(d)
odour control works, and
(e)
sewage overflow structures, and
(f)
vent stacks.

Note—

Sewage reticulation systems are a type of sewerage system—see the definition of that term in this Dictionary.

sewage treatment plant means a building or place used for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply.

Note—

Sewage treatment plants are a type of sewerage system—see the definition of that term in this Dictionary.

sewerage system means any of the following:

(a)
biosolids treatment facility,
(b)
sewage reticulation system,
(c)
sewage treatment plant,
(d)
water recycling facility,
(e)
a building or place that is a combination of any of the things referred to in paragraphs (a)–(d).

sex services means sexual acts or sexual services in exchange for payment.

sex services premises means a brothel, but does not include home occupation (sex services).

shop means premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop, but does not include food and drink premises or restricted premises.

Note—

Shops are a type of retail premises—see the definition of that term in this Dictionary.

shop top housing means one or more dwellings located above ground floor retail premises or business premises.

Note—

Shop top housing is a type of residential accommodation—see the definition of that term in this Dictionary.

signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes any of the following:

(a)
an advertising structure,
(b)
a building identification sign,
(c)
a business identification sign,

but does not include a traffic sign or traffic control facilities.

site area means the area of any land on which development is or is to be carried out. The land may include the whole or part of one lot, or more than one lot if they are contiguous to each other, but does not include the area of any land on which development is not permitted to be carried out under this Plan.

Note—

The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.

site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage:

(a)
any basement,
(b)
any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,
(c)
any eaves,
(d)
unenclosed balconies, decks, pergolas and the like.

small bar means a small bar within the meaning of the Liquor Act 2007.

Note—

Small bars are a type of food and drink premises—see the definition of that term in this Dictionary.

spa pool has the same meaning as in the Swimming Pools Act 1992.

Note—

The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.

stock and sale yard means a building or place that is used on a commercial basis for the purpose of offering livestock or poultry for sale and that may be used for the short-term storage and watering of stock.

Note—

Stock and sale yards are a type of rural industry—see the definition of that term in this Dictionary.

storage premises means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and where the storage is not ancillary to any industry, business premises or retail premises on the same parcel of land, and includes self-storage units, but does not include a heavy industrial storage establishment or a warehouse or distribution centre.

storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include:

(a)
a space that contains only a lift shaft, stairway or meter room, or
(b)
a mezzanine, or
(c)
an attic.

swimming pool has the same meaning as in the Swimming Pools Act 1992.

Note—

The term is defined as follows:

swimming pool means an excavation, structure or vessel:

(a)
that is capable of being filled with water to a depth of 300 millimetres or more, and
(b)
that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,

and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.

take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises.

Note—

Take away food and drink premises are a type of food and drink premises—see the definition of that term in this Dictionary.

telecommunications facility means:

(a)
any part of the infrastructure of a telecommunications network, or
(b)
any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or
(c)
any other thing used in or in connection with a telecommunications network.

telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both.

temporary structure has the same meaning as in the Act.

Note—

The term is defined as follows:

temporary structure includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure.

the Act means the Environmental Planning and Assessment Act 1979.

timber yard means a building or place the principal purpose of which is the sale of sawn, dressed or treated timber, wood fibre boards or similar timber products. It may include the cutting of such timber, boards or products to order and the sale of hardware, paint, tools and materials used in conjunction with the use and treatment of timber.

Note—

Timber yards are a type of retail premises—see the definition of that term in this Dictionary.

tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following:

(a)
backpackers’ accommodation,
(b)
bed and breakfast accommodation,
(c)
farm stay accommodation,
(d)
hotel or motel accommodation,
(e)
serviced apartments,

but does not include:

(f)
camping grounds, or
(g)
caravan parks, or
(h)
eco-tourist facilities.

transport depot means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a business, industry, shop or passenger or freight transport undertaking.

truck depot means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like.

turf farming means the commercial cultivation of turf for sale and the removal of turf for that purpose.

Note—

Turf farming is a type of intensive plant agriculture—see the definition of that term in this Dictionary.

underground mining means:

(a)
mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and
(b)
shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),

but does not include open cut mining.

urban release area means an area of land shown hatched and lettered “Urban Release Area” on the Urban Release Area Map.

Urban Release Area Map means the Wollongong Local Environmental Plan (West Dapto) 2010 Urban Release Area Map.

vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel building, panel beating, spray painting or chassis restoration.

vehicle repair station means a building or place used for the purpose of carrying out repairs to, or the selling and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop or vehicle sales or hire premises.

vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.

Note—

Vehicle sales or hire premises are a type of retail premises—see the definition of that term in this Dictionary.

veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment.

viticulture means the cultivation of grapes for use in the commercial production of fresh or dried fruit or wine.

Note—

Viticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.

warehouse or distribution centre means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made.

waste disposal facility means a building or place used for the disposal of waste by landfill, incineration or other means, including such works or activities as recycling, resource recovery and other resource management activities, energy generation from gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal.

Note—

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

waste or resource management facility means any of the following:

(a)
a resource recovery facility,
(b)
a waste disposal facility,
(c)
a waste or resource transfer station,
(d)
a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).

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

Note—

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

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

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

(a)
retention structures, and
(b)
treatment works, and
(c)
irrigation schemes.

Note—

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

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

Note—

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

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

Note—

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

water supply system means any of the following:

(a)
a water reticulation system,
(b)
a water storage facility,
(c)
a water treatment facility,
(d)
a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).

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

Note—

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

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

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

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

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

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

wetland means:

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

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

(a)
facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b)
facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c)
wharves for commercial fishing operations,
(d)
refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e)
sea walls or training walls,
(f)
administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.

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