Wyong Local Environmental Plan 1991 (NSW)

Part 1Preliminary1Name of plan

This plan may be cited as Wyong Local Environmental Plan 1991.

2Aims, objectives etc(1)

In accordance with the objects of the Act, the overall aims of this plan are:

• (a)

  to promote the management, development, conservation and economic use of the resources of the Shire of Wyong and to protect the amenity of its environment, and

• (b)

  to provide a comprehensive planning instrument for the Shire that is clear and explicit but which provides flexibility in its application, and

• (c)

  to facilitate and encourage ecological, economic and social sustainability.

(2)

The objectives of this plan are:

• (a)

  in relation to population and housing:

  • (i)

    to provide opportunity for the development of a wide range of housing stock commensurate with the changing characteristics of the Shire’s population,

  • (ii)

    to encourage residential development that will achieve efficient use of existing physical and social infrastructure, and

  • (iii)

    to provide for new urban development in areas that can be economically serviced and that are environmentally suitable,

  • (iv)

    (Repealed)

• (b)

  in relation to employment and economic development:

  • (i)

    to facilitate employment generating development which will contribute to the economic and social growth of the Shire of Wyong, and

  • (ii)

    to provide for appropriate home-based employment opportunities, and

  • (iii)

    to encourage mixed use development in appropriate locations,

• (c)

  in relation to retailing and commerce, to maintain and reinforce the viability of commercial centres in a manner appropriate to their functional role,

• (d)

  in relation to leisure and tourism, to provide for appropriate open space and tourist development opportunities and to allow for the development of a variety of recreation and leisure activities commensurate with the size and preference of the population and the Shire’s role as a tourist location,

• (e)

  in relation to community services, to allow for the provision of a variety of community facilities appropriate to the needs of the people of the Shire of Wyong,

• (f)

  in relation to transport:

  • (i)

    to delineate the arterial road network and to facilitate the free flow of traffic thereon,

  • (ii)

    to provide for additions to a realignments of the road network, and

  • (iii)

    to provide for regional aerodrome facilities,

• (g)

  in relation to rural and environmental areas:

  • (i)

    to protect environmentally sensitive areas from development and minimise adverse impacts of urban development on the natural environment,

  • (ii)

    to restrict development within flood prone areas in order to minimise flood damage and obstruction to flood waters, and

  • (iii)

    to encourage use of land having a high agricultural potential for that purpose and as much as possible direct non-agricultural purposes to land of lesser agricultural potential,

• (h)

  in relation to conservation, to protect, conserve and provide for the enhancement of items of environmental heritage,

• (i)

  in relation to administration, to provide guidance in the facilitation and management of development in Wyong through enunciation of the Council’s environmental planning objectives, and

• (j)

  in relation to tree preservation:

  • (i)

    to minimise land degradation, and

  • (ii)

    to conserve trees and native vegetation, and

  • (iii)

    to ensure that development and land management practices do not have adverse effects on water catchments, water quality and important ecosystems such as streams, estuaries and wetlands.

(3)

The particular objectives of each zone are set out in the Table to clause 10.

3Land to which plan applies(1)

This plan applies to all land within the local government area of Wyong.

(2)

Except as provided by Part 4, this plan does not apply to the land within the South Wallarah Peninsula site and to which Schedule 3 of the State Environmental Planning Policy (Major Development) 2005 applies.

4Relationship to other environmental planning instruments(1)

This plan repeals certain local environmental plans which apply to the land to which this plan applies in the manner set out in clause 5.

(2)

Nothing in this plan affects the provisions of Sydney Regional Environmental Plan No 8 (Central Coast Plateau Areas) as it applies to land within the area of Wyong.

5Repeal of certain local environmental plans(1)

The following are repealed:

• •

  Wyong Local Environmental Plan 1987—Urban Lands,

• •

  Wyong Local Environmental Plan 1987—Rural Lands,

• •

  Wyong Local Environmental Plans Nos 123 and 124,

All other local environmental plans (except this plan) that, before the commencement of Wyong Local Environmental Plan 1991 (Amendment No 93), applied to land to which this plan applies.

(2)

Any such repeal does not affect any amendment made to this plan before the commencement of Wyong Local Environmental Plan 1991 (Amendment No 93).

6Adoption of Model Provisions(1)

The Environmental Planning and Assessment Model Provisions 1980 (except clauses 4 and 5 (1)–(4), 7–10, 12–34 and 35 (b) and (c)) are adopted for the purposes of this plan.

(2)

For the purposes of this plan, the Environmental Planning and Assessment Model Provisions 1980 are to be read as if clause 11 of Schedule 1 did not include work for the purposes of flood mitigation undertaken by the Council or by a person acting on behalf of the Council.

7Definitions(1)

In this plan:

abattoir means a building or place used for the slaughter of animals, whether or not animal by-products are processed, manufactured or distributed, and includes a knackery.

acid sulfate soils means actual or potential acid sulfate soils, as defined in the Acid Sulfate Soils Assessment Guidelines.

Acid Sulfate Soils Assessment Guidelines means the Acid Sulfate Soils Assessment Guidelines as published from time to time by the NSW Acid Sulfate Soils Management Advisory Committee and adopted by the Director-General.

Acid Sulfate Soils Planning Maps means the series of maps (dated December 1997) produced by the then Department of Land and Water Conservation for the purpose of identifying land affected by acid sulfate soils, and held at the offices of Wyong Council.

advertisement means the display of symbols, messages or other devices from promotional purposes or for conveying information, instructions, directions or the like, whether or not the display includes the erection of a structure or the undertaking of a work.

aerodrome has the meaning ascribed to it in the Air Navigation Regulations made pursuant to the Air Navigation Act 1920 of the Commonwealth.

agriculture means the sustainable use of land for:

• (a)

  the cultivation of fruit, vegetable or flower crops, or

• (b)

  the keeping or breeding of livestock, bees or poultry or other birds, or

• (c)

  the cultivation of plants in a wholesale plant nursery, for commercial purposes,

but, in the Table to clause 10, does not include intensive agriculture.

alter, in relation to a heritage item or to a building or work within a conservation area, means:

• (a)

  make structural changes to the heritage item, building or work, or

• (b)

  make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, building or work, not including changes that merely maintain the existing detail, fabric, finish or appearance of the outside of the heritage item, building or work.

animal establishment means a building or place used for the breeding, boarding, training or keeping of, or for caring for, animals for commercial purposes and includes a riding school.

appointed day means the day on which this plan takes effect.

aquaculture means the cultivation (including propagating and rearing) of the living resources of the sea or inland waters, whether or not that cultivation is carried out in a farm established for that purpose using an artificially created body of water.

archaeological site means a site that contains either an Aboriginal place or relic within the meaning of the National Parks and Wildlife Act 1974 or a relic within the meaning of the Heritage Act 1977.

arterial road means a road that carries through traffic from one area or region to another, which may or may not be a classified road within the meaning of the State Roads Act 1986.

boarding house means a building or place:

• (a)

  where accommodation, meals and laundry facilities are provided to the residents of the building or place, and

• (b)

  which is not licensed to sell liquor under the Liquor Act 1982.

brothel means any premises made available for the purposes of prostitution by a person carrying on the business of providing prostitution services at the premises and, for the purposes of this definition, prostitution means the provision by a person, or persons, to or for another person (whether or not of a different sex) of sexual services in return for payment or other reward.

building height map means:

• (a)

  in relation to clauses 42B, 42C and 42CA, the map marked “Building Heights Map—Wyong Local Environmental Plan 1991 (Amendment No 118)”, and

• (b)

  in relation to clause 42E, the map marked “Building Heights Map—Wyong Local Environmental Plan 1991 (Amendment No 147)”.

building products sales room or showroom means a building or place used for the display or sale of materials or goods used as fixed components of residential construction.

bulky goods sales room or showroom means a building or place used for the sale by retail or auction, the hire or display of items (whether goods or materials) which are of such a size, shape or weight as to require:

• (a)

  a large area for handling, storage or display, or

• (b)

  direct vehicular access to the site of the building or place by members of the public for the purpose of loading items into their vehicles after purchase,

but does not include a building or place used for the sale of foodstuffs or clothing.

bushfire hazard reduction means a reduction (by controlled burning or mechanical or manual means) of material that constitutes a bushfire hazard but, in the Table to clause 10, does not include a work elsewhere specifically defined in this clause.

caravan park means land used as a site for moveable dwellings, including tents and caravans or other vehicles used for temporary or permanent accommodation or the erection, assembly or placement of cabins for temporary accommodation of tourists.

carparking station means a building or place used for the purpose of accommodating vehicles on payment of a fee or charge, but does not include:

• (a)

  a parking space on a public road or public place for which a fee is charged by way of a parking meter, or

• (b)

  public car parking provided by the Council, whether or not a fee is charged, or

• (c)

  parking space required to be provided in a building as a condition of development consent.

child care centre means a building or place used for the purpose of supervising or caring for children which:

• (a)

  caters for 6 or more under school age children, whether or not those children are related to the owner or operator of the building or place, and

• (b)

  may include an educational function, and

• (c)

  may operate for the purposes of gain,

but does not include a building or place providing residential care for those children.

clearing means any one or more of the following:

• (a)

  cutting down, felling, thinning, logging or removing native vegetation,

• (b)

  killing, destroying, poisoning, ringbarking, uprooting or burning native vegetation,

• (c)

  severing, topping or lopping branches, limbs, stems or trunks of native vegetation,

• (d)

  substantially damaging or injuring native vegetation in any other way.

commercial premises means a building or place used as an office or for other business or commercial purposes, but does not include a building or place elsewhere specifically defined in this clause or a building or place used for a purpose elsewhere specifically defined in this clause.

communications facility means a building, structure, work or place used primarily for the purposes of transmitting or receiving signals for the purposes of communication, including radio masts, and towers, satellite disks and the like.

community facility means a building or place owned or controlled by a public authority or a body of persons which may provide for the physical, social, cultural or intellectual development or welfare of the local community, but does not include a building or place elsewhere specifically defined in this clause.

Council means the Council of the Shire of Wyong.

dam means any artificial pond or barrier to constrain or retard water movement.

demolition, in relation to a heritage item, means the damaging, defacing, destruction, pulling down or removal of the heritage item, building or work, in whole or in part.

Department means the Department of Urban Affairs and Planning.

depot means a building or place used only for the storage (but not sale) of any plant, machinery, materials or goods used or intended to be used by the owner or occupier of the building or place, but does not include a building or place elsewhere specifically defined in this clause.

detached dual occupancy means two dwelling-houses on one allotment of land.

Director means the Director-General of the Department of Urban Affairs and Planning.

drainage means any activity which intentionally alters the hydrological regime of any locality by facilitating the removal of surface or ground water. It includes the construction, deepening, extending, opening, installation or laying of any canal, drain or pipe, either in the locality or in such a manner as to encourage drainage of an adjoining locality.

dual occupancy building means a building consisting of 2 dwellings on one allotment of land.

dwelling means a room or number of rooms occupied or used, or so constructed or adapted as to be capable of being occupied or used, as a separate domicile.

dwelling-house means a building containing one, but not more than one, dwelling.

education establishment means a building or place used for education (such as teaching) and includes:

• (a)

  a school, and

• (b)

  a tertiary institution, being a university, college of advanced education, teachers’ college, technical college or other tertiary college providing a formal education, and

• (c)

  an art gallery or museum, not used to sell the items it displays,

whether or not it provides accommodation for staff and students and whether or not it is operated for the purpose of gain.

entertainment facility means a building or place designed, equipped and used for the purpose of sport, entertainment, exhibitions or displays, and includes:

• (a)

  sports stadiums, showgrounds, race courses and the like, and

• (b)

  theatres, cinemas, music halls, concert halls, open air theatres, and drive-in theatres and the like.

exempt vegetation management works includes any one or more of the following works:

• (a)

  the removal of any tree or native vegetation if, in the opinion of the Council, the tree or native vegetation is dangerous,

• (b)

  the removal of any tree or native vegetation to facilitate emergency access by the Council or another public authority,

• (c)

  the removal of any tree or native vegetation authorised under a bush fire hazard reduction certificate within the meaning of the Rural Fires Act 1997,

• (d)

  the removal of undesirable species.

exhibition home means a dwelling used for the display of that building to the general public for business or commercial purposes.

extractive industry means:

• (a)

  development involving the winning or removal of extractive material from land, or

• (b)

  an industry or undertaking (other than a mine) which depends for its operation on the winning or removal of extractive material from land on which it is carried on and includes any washing, crushing, grinding, milling or separating into different sizes of that extractive material on that land.

extractive material means sand, gravel, clay, turf, soil, rock, stone or similar substances.

flood mitigation work includes any work or other development which intentionally or otherwise alters the characteristics of flood waters so as to minimise or alter their level, location, volume, speed or timing. It includes construction or enlargement of any fill, wall, levee or bund which will alter surface drainage or tidal action.

floor means that space within a building which is situated between one floor level and the floor level next above or, if there is no floor above, the ceiling or roof above.

floor space ratio means the ratio of the gross floor area of a building to the site area of the building.

forestry includes arboriculture, silviculture, and the destruction of trees and shrubs for the purpose of:

• (a)

  afforestation, forest protection and cutting, dressing and preparing (otherwise than in a sawmill) wood and other forest products,

• (b)

  establishing roads necessary for the removal of wood and forest products, or

• (c)

  forest protection.

general store means a shop which sells a variety of small consumer goods.

generating works means a building or place used for the purpose of making or generating gas, electricity or other forms of energy.

gross floor area means the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1,400 millimetres above each floor level, excluding:

• (a)

  columns, fin walls, sun control devices and any elements, projections or works outside the general lines of the outer face of the external wall,

• (b)

  lift towers, cooling towers, machinery and plant rooms and ancillary storage space and vertical air-conditioning ducts,

• (c)

  car parking needed to meet any requirements of the Council and any internal designated vehicular or pedestrian access to the car parking, and

• (d)

  space for the loading and unloading of goods.

group home means a dwelling (other than a transitional group home):

• (a)

  used to provide a household environment for disabled persons or socially disadvantaged persons, whether those persons are related or not, and

• (b)

  occupied by the persons referred to in paragraph (a) as a single household, either with or without paid or unpaid supervision or care and with or without payment for board and lodging being required.

hazardous industry means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the industry from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality:

• (a)

  to human health, life or property, or

• (b)

  to the biophysical environment.

hazardous storage establishment means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on the other land in the locality), would pose a significant risk in relation to the locality:

• (a)

  to human health, life or property, or

• (b)

  to the biophysical environment.

heliport means a place used for the taking off and landing of helicopters, whether or not it includes:

• (a)

  a terminal building, or

• (b)

  facilities for the parking, storage or repair of helicopters.

heritage item means a building, work, relic, tree or place described in Schedule 1 and shown edged heavy black on the heritage map.

heritage item of local significance means a heritage item classified by the word “Local” in Column 2 of Schedule 1 opposite that item.

heritage item of regional significance means a heritage item classified by the word “Regional” in Column 2 of Schedule 1 opposite that item.

heritage item of State significance means a heritage item classified by the word “State” in Column 2 of Schedule 1 opposite that item.

heritage map means the series of maps marked “Wyong Local Environmental Plan 1991—Heritage”, as amended by the maps (or, if any sheets of the maps are specified, by the specified sheets of the maps) marked as follows.

Editorial note—

The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.

• •

  Wyong Local Environmental Plan 1991—Heritage (Amendment No 144)

• •

  Wyong Local Environmental Plan 1991—Heritage (Amendment No 175)

heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.

home business means a business, industry, occupation or profession carried on within a dwelling or the curtilage of a dwelling by the permanent residents of the dwelling, which does not involve:

• (a)

  interference with the amenity of the locality in which the dwelling is situated by way of pollution or exposure to unsightly matter,

• (b)

  the display or sale of goods other than those produced on the premises at which the home business is carried out,

• (c)

  the provision of any essential service main of a greater capacity than that already available in the locality,

• (d)

  more than one person other than the permanent residents of the dwelling being employed,

• (e)

  the generation of traffic or a carparking demand, which would adversely affect the amenity of the locality, or

• (f)

  the exhibition of any advertisement or sign, other than one exhibited on the dwelling or within the curtilage of the dwelling to indicate the name and occupation of the resident and which would fit within a rectangular figure 0.8 metres in length and 0.4 metres in breadth.

home occupation means the use of a dwelling or the curtilage of a dwelling by the permanent residents of the dwelling for the purposes of an office or business, which does not involve:

• (a)

  the registration of the building under the Factories, Shops and Industries Act 1962,

• (b)

  interference with the amenity of adjoining properties or the locality in which the dwelling is situated,

• (c)

  the display or sale of goods other than those produced on the premises at which the home occupation is carried out,

• (d)

  the provision of any essential service main of a greater capacity than that already available in the locality,

• (e)

  the generation of traffic or a carparking demand which would adversely affect the amenity of the locality,

• (f)

  persons other than the permanent residents of the dwelling being employed in that use,

• (g)

  the exhibition of any advertisement or sign, other than one exhibited on the dwelling or within the curtilage of the dwelling to indicate the name and occupation of the resident and which would fit within a rectangular figure 0.8 metres in length and 0.4 metres in breadth, or

• (h)

  the exposure to view from any adjacent properties of any unsightly matter, or any raw material, equipment, machinery, product or stored finished goods.

hospital means a building or place used for providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, care for people with developmental disabilities, psychiatric care or counselling and services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes:

• (a)

  ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or restaurants, and ancillary accommodation for persons receiving health care or for their visitors, and

• (b)

  facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers.

hotel means any premises specified or proposed to be specified in a hotelier’s licence granted under the Liquor Act 1982.

housing for older persons or people with a disability means residential accommodation, which may take any building form, which is or is intended to be used permanently as housing for the accommodation of aged persons or disabled persons, and which may consist of hostels or a grouping of 2 or more self-contained dwellings, or a combination of both, and which includes 1 or more of the following facilities provided for use in connection with that accommodation:

• (a)

  accommodation for staff employed in connection with that accommodation,

• (b)

  chapels,

• (c)

  medical consulting rooms,

• (d)

  meeting rooms,

• (e)

  recreational facilities,

• (f)

  shops,

• (g)

  therapy rooms,

• (h)

  any other facilities for the use or benefit of older persons or persons with a disability.

industry means the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods or any articles, and excludes any other use elsewhere specifically defined in this clause.

intensive agriculture means any form of agriculture which requires the waste, including faeces, to be disposed of on land which is not simultaneously used for the nurturing of livestock or poultry.

large scale commercial premises means a building or place, or part of a building or place, which has a minimum gross floor area of 200m2 and is used for the purposes of an office or other business or commercial purposes by a single occupancy, but does not include a building or place elsewhere specifically defined in this clause or a building or place used for a purpose elsewhere specifically defined in this clause.

large scale retail establishment means a building or place, or part of a building or place, which has a minimum gross floor area of 200m2 and is used for retail sales as a single retail outlet by an individual occupant, but does not include such a building or place used for the purposes of:

• (a)

  a supermarket or other foodstuffs or produce sales (excluding that sold by a restaurant), and

• (b)

  clothing sales or display (other than clothing essential for sporting activity and sold in conjunction with sporting goods).

light industry means an industry in which the processes carried out, the transportation involved, and the machinery or materials used, do not interfere unreasonably with the amenity of the neighbourhood, but (in the Table to clause 10) does not include a land use elsewhere specifically defined in this clause.

marina means a pontoon, jetty, pier or the like, used to provide moorings for boats used for pleasure or recreation, and includes:

• (a)

  slipways, and

• (b)

  facilities for the repair, maintenance and fuelling of, or the provision of accessories and parts for boats, or boating enthusiasts, and

• (c)

  facilities for the storage or provision of food.

materials recycling depot means a building or place used for the collecting, dismantling, storing, abandoning or recycling of second hand or scrap materials for the purpose of resale.

medical centre means a building or place used for the purpose of providing professional health services (including preventative care, diagnosis, medical or surgical treatment or counselling) to outpatients only, but does not include a building or place elsewhere specifically defined in this clause.

methadone clinic means a building or place used for the purpose of providing drug rehabilitation services, being the dispensing of methadone, requiring the approval of the Director-General of the Department of Health under section 28A of the Poisons Act 1966 and may also be used for preventative care, diagnosis, medical treatment or counselling, but to outpatients only.

mining means the winning of any material to which the Mining Act 1992 or the Petroleum (Onshore) Act 1991 applies and may include the storage and primary processing of the material obtained.

motel means premises (not being a hotel) used for the temporary or short-term accommodation of travellers.

motor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are also sold or displayed in conjunction with the use.

native vegetation means any of the following types of indigenous vegetation:

• (a)

  trees,

• (b)

  understorey plants,

• (c)

  groundcover,

• (d)

  plants occurring in a wetland.

nutrient control facility means any engineered work designed to remove trash, nutrients or sediment from a drainage line.

offensive industry means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality (including, for example, measures to isolate the industry from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality.

offensive storage establishment means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact on the locality or the existing or likely future development on other land in the locality.

palliative day care centre means a building or a place used for the counselling and therapy of terminally ill patients, whether or not the families and carers of the terminally ill are also treated, but does not include overnight accommodation for such persons.

passenger transport terminal means any building or place used for the assembly and dispersal of passengers travelling by any form of passenger transport.

place of worship means a building or place used for the purposes of religious worship, whether or not the building or place is also used for counselling, social events or religious training by a congregation or religious group.

plant hire establishment means a building or place used for the display and hire of machinery, tools or equipment which requires:

• (a)

  a large area for handling or display, or

• (b)

  direct vehicle access to the site of the building or place for the purpose of loading or unloading the machinery, tools or equipment, into or off vehicles, prior to or following their hire.

plant nursery means a building or place used for the propagation, growing and selling by retail of plants, whether or not landscape supplies (including earth products) and other landscape and horticultural products are also sold there.

potential archaeological site means an area identified as a potential “archaeological site” in a Development Control Plan adopted by the Council for the time being.

reception establishment means a building or place used for the purpose of wedding receptions or the like, and may or may not include a convention centre or function rooms.

recreation area means:

• (a)

  a children’s playground,

• (b)

  an area used for sporting activities and sporting facilities,

• (c)

  an area used by the Council to provide recreation for the physical, cultural or intellectual welfare of the community, or

• (d)

  an area used by a body of persons associated for the purposes of the physical, cultural or intellectual welfare of the community to provide recreation for those persons,

but (in the Table to clause 10) does not include a building or place elsewhere specifically defined in this clause.

recreation facility means a building or place designed, equipped and used for indoor recreation, such as a billiard saloon, table tennis centre, squash court, swimming pool, gymnasium, health studio, bowling alley and fun parlour, whether used for the purpose of gain or not, but (in the Table to clause 10) does not include anything elsewhere defined in this clause.

registered club means a building or place which is used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes and which is, or is intended to be, registered under the Registered Clubs Act 1976.

relic means any deposit, object or material evidence (terrestrial or underwater and which may consist of human remains) relating to:

• (a)

  the use or settlement of the area of Wyong, not being Aboriginal habitation, which is more than 50 years old, or

• (b)

  Aboriginal habitation of the area of Wyong either before or after its occupation by persons of European extraction.

residential flat building means a building containing 3 or more dwellings.

restaurant means a building or place, the principal purpose of which is the provision of food to people for consumption on the premises or via a drive-through facility, or both.

road means any way or street open to the public for the passage of vehicles, persons or animals.

road transport terminal means a building or place used mainly for the temporary storage and bulk handling of goods for transport by road, including facilities for the loading and unloading of vehicles used to transport those goods and may include facilities for the parking, servicing and repair of those vehicles, but does not include a warehouse.

roadside stall means a place or temporary structure used for selling by retail agricultural produce produced on an adjacent allotment of land.

rural industry means a business activity involving:

• (a)

  the handling, treating, processing or packing of primary products, or

• (b)

  the regular servicing or repairing of plant or equipment used for the purposes of agriculture, aquaculture, or for the purposes of a business activity referred to in paragraph (a).

sawmill means a mill handling, cutting and processing timber from logs or baulks.

self storage establishment means a building or group of buildings operated as a single entity which provides individual enclosed storage of non-hazardous goods, merchandise or materials.

service station means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil or other petroleum products whether or not the building or place is also used for any one or more of the following purposes:

• (a)

  the hiring of trailers,

• (b)

  the retail selling or the installing of spare parts and accessories for motor vehicles,

• (c)

  washing and greasing of motor vehicles,

• (d)

  repairing and servicing of motor vehicles involving the use of hand tools (other than repairing and servicing which involves top overhaul of motors, body building, panel beating or spray painting), and

• (e)

  the retail selling or hiring of small consumer goods.

shop means a building or place used for the purpose of the selling (whether by retail or auction), hiring or displaying for the purpose of selling or hiring of items (whether goods or materials), but does not include a building or place elsewhere specifically defined in this clause, or a building or place used for a purpose elsewhere specifically defined in this clause.

site area, in relation to development, means the area of land to which an application for consent under the Act relates, excluding any land upon which the development to which the application relates is not permitted by or under this plan or any other environmental planning instrument.

stock and sale yard means a building or place used for the purpose of offering livestock or poultry for sale.

the Act means the Environmental Planning and Assessment Act 1979.

the map means the map marked “Wyong Local Environmental Plan 1991”, as amended by the maps or specified sheets of maps) marked as follows:

Editorial note—

The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.

• •

  Wyong Local Environmental Plan 1991 (Amendment No 1)

• •

  Wyong Local Environmental Plan 1991 (Amendment No 2)

• •

  Wyong Local Environmental Plan 1991 (Amendment No 3)

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  Wyong Local Environmental Plan 1991 (Amendment No 4)

• •

  Wyong Local Environmental Plan 1991 (Amendment No 5)

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  Wyong Local Environmental Plan 1991 (Amendment No 6)

• •

  Wyong Local Environmental Plan 1991 (Amendment No 7)

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  Wyong Local Environmental Plan 1991 (Amendment No 9)

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  Wyong Local Environmental Plan 1991 (Amendment No 12)

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  Wyong Local Environmental Plan 1991 (Amendment No 13)

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  Wyong Local Environmental Plan 1991 (Amendment No 14)

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  Wyong Local Environmental Plan 1991 (Amendment No 15)

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  Wyong Local Environmental Plan 1991 (Amendment No 16)

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  Wyong Local Environmental Plan 1991 (Amendment No 18)

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  Wyong Local Environmental Plan 1991 (Amendment No 19)

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  Wyong Local Environmental Plan 1991 (Amendment No 23)

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  Wyong Local Environmental Plan 1991 (Amendment No 24)

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  Wyong Local Environmental Plan 1991 (Amendment No 25)

• •

  Wyong Local Environmental Plan 1991 (Amendment No 27)

• •

  Wyong Local Environmental Plan 1991 (Amendment No 28)

• •

  Wyong Local Environmental Plan 1991 (Amendment No 29)

• •

  Wyong Local Environmental Plan 1991 (Amendment No 30)

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  Wyong Local Environmental Plan 1991 (Amendment No 33)

• •

  Wyong Local Environmental Plan 1991 (Amendment No 34)

• •

  Wyong Local Environmental Plan 1991 (Amendment No 35)

• •

  Wyong Local Environmental Plan 1991 (Amendment No 37)

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  Wyong Local Environmental Plan 1991 (Amendment No 38)

• •

  Wyong Local Environmental Plan 1991 (Amendment No 40)

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  Wyong Local Environmental Plan 1991 (Amendment No 41)

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  Wyong Local Environmental Plan 1991 (Amendment No 42)

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  Wyong Local Environmental Plan 1991 (Amendment No 45)

• •

  Wyong Local Environmental Plan 1991 (Amendment No 47)

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  Wyong Local Environmental Plan 1991 (Amendment No 48)

• •

  Wyong Local Environmental Plan 1991 (Amendment No 50)

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  Wyong Local Environmental Plan 1991 (Amendment No 51)

• •

  Wyong Local Environmental Plan 1991 (Amendment No 54)

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  Wyong Local Environmental Plan 1991 (Amendment No 55)

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  Wyong Local Environmental Plan 1991 (Amendment No 56)

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  Wyong Local Environmental Plan 1991 (Amendment No 57)

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  Wyong Local Environmental Plan 1991 (Amendment No 61)

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  Wyong Local Environmental Plan 1991 (Amendment No 63)

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  Wyong Local Environmental Plan 1991 (Amendment No 66)

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  Wyong Local Environmental Plan 1991 (Amendment No 69)

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  Wyong Local Environmental Plan 1991 (Amendment No 70)

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  Wyong Local Environmental Plan 1991 (Amendment No 71)

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  Wyong Local Environmental Plan 1991 (Amendment No 73)

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  Wyong Local Environmental Plan 1991 (Amendment No 75)

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  Wyong Local Environmental Plan 1991 (Amendment No 76)

• •

  Wyong Local Environmental Plan 1991 (Amendment No 77)—Sheet 1

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  Wyong Local Environmental Plan 1991 (Amendment No 78)

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  Wyong Local Environmental Plan 1991 (Amendment No 80)

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  Wyong Local Environmental Plan 1991 (Amendment No 82)

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  Wyong Local Environmental Plan 1991 (Amendment No 84)

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  Wyong Local Environmental Plan 1991 (Amendment No 85)

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  Wyong Local Environmental Plan 1991 (Amendment No 87)

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  Wyong Local Environmental Plan 1991 (Amendment No 89)

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  Wyong Local Environmental Plan 1991 (Amendment No 90)

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  Wyong Local Environmental Plan 1991 (Amendment No 92)

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  Wyong Local Environmental Plan 1991 (Amendment No 93)

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  Wyong Local Environmental Plan 1991 (Amendment No 94)

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  Wyong Local Environmental Plan 1991 (Amendment No 96)

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  Wyong Local Environmental Plan 1991 (Amendment No 98)

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  Wyong Local Environmental Plan 1991 (Amendment No 100)

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  Wyong Local Environmental Plan 1991 (Amendment No 102)

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  Wyong Local Environmental Plan 1991 (Amendment No 103)

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  Wyong Local Environmental Plan 1991 (Amendment No 104)

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  Wyong Local Environmental Plan 1991 (Amendment No 105)

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  Wyong Local Environmental Plan 1991 (Amendment No 106)

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  Wyong Local Environmental Plan 1991 (Amendment No 107)

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  Wyong Local Environmental Plan 1991 (Amendment No 109)

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  Wyong Local Environmental Plan 1991 (Amendment No 110)

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  Wyong Local Environmental Plan 1991 (Amendment No 111)

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  Wyong Local Environmental Plan 1991 (Amendment No 112)—Sheet 1

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  Wyong Local Environmental Plan 1991 (Amendment No 114)

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  Wyong Local Environmental Plan 1991 (Amendment No 115)

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  Wyong Local Environmental Plan 1991 (Amendment No 116)

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  Wyong Local Environmental Plan 1991 (Amendment No 117)

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  Wyong Local Environmental Plan 1991 (Amendment No 118)

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  Wyong Local Environmental Plan 1991 (Amendment No 119)

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  Wyong Local Environmental Plan 1991 (Amendment No 120)

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  Wyong Local Environmental Plan 1991 (Amendment No 121)

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  Wyong Local Environmental Plan 1991 (Amendment No 123)

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  Wyong Local Environmental Plan 1991 (Amendment No 125)

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  Wyong Local Environmental Plan 1991 (Amendment No 127)

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  Wyong Local Environmental Plan 1991 (Amendment No 128)

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  Wyong Local Environmental Plan 1991 (Amendment No 129)

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  Wyong Local Environmental Plan 1991 (Amendment No 131)

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  Wyong Local Environmental Plan 1991 (Amendment No 134)

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  Wyong Local Environmental Plan 1991 (Amendment No 135)

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  Wyong Local Environmental Plan 1991 (Amendment No 137)

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  Wyong Local Environmental Plan 1991 (Amendment No 138)

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  Wyong Local Environmental Plan 1991 (Amendment No 139)

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  Wyong Local Environmental Plan 1991 (Amendment No 142)

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  Wyong Local Environmental Plan 1991 (Amendment No 146)

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  Wyong Local Environmental Plan 1991 (Amendment No 147)

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  Wyong Local Environmental Plan 1991 (Amendment No 149)

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  Wyong Local Environmental Plan (Amendment No 154)

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  Wyong Local Environmental Plan 1991 (Amendment No 155)

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  Wyong Local Environmental Plan 1991 (Amendment No 156)

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  Wyong Local Environmental Plan 1991 (Amendment No 159)

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  Wyong Local Environmental Plan 1991 (Amendment No 163)

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  Wyong Local Environmental Plan 1991 (Amendment No 171)

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  Wyong Local Environmental Plan 1991 (Amendment No 172)

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  Wyong Local Environmental Plan 1991 (Amendment No 174)

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  Wyong Local Environmental Plan 1991 (Amendment No 175)—Sheets 1–3

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  Wyong Local Environmental Plan 1991 (Amendment No 176)

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  Wyong Local Environmental Plan 1991 (Amendment No 178)

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  Wyong Local Environmental Plan 1991 (Amendment No 179)

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  Wyong Local Environmental Plan 1991 (Amendment No 185)

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  Wyong Local Environmental Plan 1991 (Amendment No 188)

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  Wyong Local Environmental Plan 1991 (Amendment No 191)

tourist accommodation means a building or buildings substantially used for the temporary accommodation of tourists, visitors and travellers which may have facilities for the convenience of patrons such as restaurants, convention areas and the like but does no include a building or place elsewhere specifically defined in this clause or a building or place used for a purpose elsewhere specifically defined in this clause.

toxic waste incinerator means a facility used for the disposal of toxic materials, including intractable waste as defined by the Waste Recycling and Processing Service Act 1970, by means of incineration or other methods of high temperature treatment.

transitional group home means a dwelling:

• (a)

  which is used to provide temporary accommodation, for the purpose of relief for, or rehabilitation of, disabled persons or socially disadvantaged persons, whether or not those persons are related, and

• (b)

  which is occupied by the persons referred to in paragraph (a) as a single household, with or without paid or unpaid supervision or care and with or without payment for board and lodging being required,

but does not include a group home or a building to which State Environmental Planning Policy No 5—Housing for Aged or Disabled Persons applies.

transport depot means a building or place used for the parking, storage or garaging of motor powered or motor drawn vehicles used in connection with a passenger transport undertaking, business, industry or shop and may also be used for the routine servicing or repair of those vehicles.

tree means a perennial plant with at least one self-supporting woody or fibrous stem, being of any species, whether indigenous, exotic or introduced which:

• (a)

  is 3 metres or more in height, or

• (b)

  has a diameter of 75 millimetres or more measured at 1.4 metres above ground level, or

• (c)

  is a cycad or mangrove that is indigenous to or is recorded by the Council as having special significance to the area of Wyong, irrespective of its dimensions.

undesirable species means plants that have characteristics which may lead to poisoning, weed infestation, brittle and dangerous wood, excessive spread of roots or bushland invasion as specified in any development control plan adopted by the Council for the purposes of vegetation management.

urban zones means land in Zone No 2 (a), 2 (b), 2 (c), 2 (d), 2 (g), 3 (a), 3 (c), 3 (d), 4 (a), 4 (b), 4 (d), 4 (e), 5 (a), 5 (b), 5 (c) or 5 (d).

utility installation means a building or work used for a public utility undertaking.

utility undertaking means any undertaking carried out or carried on by, or under the authority of, any government department or in pursuance of any Commonwealth or State Act, for the purpose of:

• (a)

  railway, road, water or air transport, or wharf or river undertakings, or

• (b)

  the provision of sewerage or drainage services, or

• (c)

  the supply of water, hydraulic power, electricity or gas, or

• (d)

  communications facilities, or

• (e)

  telecommunications facilities,

and a reference to a person carrying on a public utility undertaking includes a reference to a council, county council, government department, corporation, firm or authority carrying on the undertaking.

vehicle body repair workshop means a building or place used for the repair of vehicles, agricultural machinery or other motorised plant and equipment, involving body building, panel beating or spray painting.

vehicle repair station means a building or place used for the purpose of carrying out repairs to, or the selling and fitting of accessories for, vehicles, agricultural machinery or other motorised plant and equipment, but (in the Table to clause 10) does not include a building or place elsewhere defined in this clause.

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 purposes of treatment.

warehouse means a building or place used mainly for storing or handling goods, merchandise or materials pending their sale and distribution, but (in the Table to clause 10) does not include a building or place elsewhere specifically defined in this clause.

(2)

In this plan:

• (a)

  a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose,

• (b)

  a reference to a map is a reference to a map deposited in the office of the Council, and

• (c)

  a reference to land within a zone specified in clause 10 is a reference to land shown on the map in the manner indicated in clause 9 as the means of identifying land of the zone so specified.

(3)

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

8Consent authority

The Council is the consent authority for the purposes of this plan.

Part 2General restrictions on development of land9Zones indicated on the map

For the purposes of this plan, land to which this plan applies shall be within a zone specified hereunder if the land is shown on the map in the manner specified hereunder in relation to that zone:

• •

  Zone No 1 (a) (Rural Zone)—identified with heavy black edging and lettered “1 (a)”.

• •

  Zone No 1 (c) (Non Urban Constrained Lands Zone)—identified with heavy black edging and lettered “1 (c)”.

• •

  Zone No 1 (d) (Village Zone)—identified with heavy black edging and lettered “1 (d)”.

• •

  Zone No 1 (f) (Forestry Zone)—identified with heavy black edging and lettered “1 (f)”.

• •

  Zone No 2 (a) (Residential Zone)—identified with heavy black edging and lettered “2 (a)”.

• •

  Zone No 2 (b) (Multiple Dwelling Residential Zone)—identified with heavy black edging and lettered “2 (b)”.

• •

  Zone No 2 (c) (Medium Density Residential Zone)—identified with heavy black edging and lettered “2 (c)”.

• •

  Zone No 2 (d) (High Density Residential Zone)—identified with heavy black edging and lettered “2 (d)”.

• •

  Zone No 2 (e) (Urban Release Area Zone)—identified with heavy black edging and lettered “2 (e)”.

• •

  Zone No 2 (g) (Residential Tourist Zone)—identified with heavy black edging and lettered “2 (g)”.

• •

  Zone No 3 (a) (Business Centre Zone)—identified with heavy black edging and lettered “3 (a)”.

• •

  Zone No 3 (b) (Centre Support Zone)—identified with heavy black edging and lettered “3 (b)”.

• •

  Zone No 3 (d) (Tourist Business Zone)—identified with heavy black edging and lettered “3 (d)”.

• •

  Zone No 4 (a) (General Industrial Zone)—identified with heavy black edging and lettered “4 (a)”.

• •

  Zone No 4 (b) (Light Industrial Zone)—identified with heavy black edging and lettered “4 (b)”.

• •

  Zone No 4 (c) (Business Park Zone)—identified with heavy black edging and lettered “4 (c)”.

• •

  Zone No 4 (e) (Regional Industrial and Employment Development Zone)—identified with heavy black edging and lettered “4 (e)”.

• •

  Zone No 5 (a) (Special Uses Zone)—identified with heavy black edging and lettered “5 (a)” with the particular use shown in black.

• •

  Zone No 5 (b) (Railways Zone)—identified with heavy black edging lettered “5 (b)”.

• •

  Zone No 5 (c) (Local Road Reservation Zone)—identified with heavy black edging and lettered “5 (c)”.

• •

  Zone No 5 (d) (Arterial Road Reservation Zone)—identified with heavy black edging and lettered “5 (d)”.

• •

  Zone No 6 (a) (Open Space and Recreation Zone)—identified with heavy black edging and lettered “6 (a)”.

• •

  Zone No 6 (b) (Regional Open Space and Recreation Zone)—identified with heavy black edging and lettered “6 (b)”.

• •

  Zone No 6 (c) (Proposed Open Space and Recreation Zone)—identified with heavy black edging and lettered “6 (c)”.

• •

  Zone No 7 (a) (Conservation Zone)—identified with heavy black edging and lettered “7 (a)”.

• •

  Zone No 7 (b) (Scenic Protection Zone)—identified with heavy black edging and lettered “7 (b)”.

• •

  Zone No 7 (c) (Scenic Protection: Small Holdings Zone)—identified with heavy black edging and lettered “7 (c)”.

• •

  Zone No 7 (d) (Coastal Lands Protection Zone)—identified with heavy black edging and lettered “7 (d)”.

• •

  Zone No 7 (e) (Coastal Lands Acquisition Zone)—identified with heavy black edging and lettered “7 (e)”.

• •

  Zone No 7 (f) (Environmental Protection Zone)—identified with heavy black edging and lettered “7 (f)”.

• •

  Zone No 7 (g) (Wetlands Management Zone)—identified with heavy black edging and lettered “7 (g)”.

• •

  Zone No 8 (a) (National Parks Zone)—identified with heavy black edging and lettered “8 (a)”.

• •

  Zone No 10 (a) (Investigation Precinct Zone)—identified with heavy black edging and lettered “10 (a)”.

10Zone objectives and development control table(1)

The objectives of a zone are set out in the Table to this clause under the heading “Objectives of Zone” appearing in the matter relating to the zone.

(2)

Except as otherwise provided by this plan, in relation to land within a zone specified in the Table to this clause, the purposes (if any) for which development:

• (a)

  may be carried out without development consent,

• (b)

  may be carried out only with development consent, and

• (c)

  is prohibited,

are specified under the headings “Without development consent”, “Only with development consent” and “Prohibited”, respectively, appearing in the matter relating to the zone.

(3)

Except as otherwise provided by this plan, the Council must not grant consent to the carrying out of development on land to which this plan applies unless, in the opinion of the Council, the proposed development is compatible with the objectives of the zone within which the development is proposed to be carried out.

(Rural Zone)1Objectives of zone

The objectives are:

• (a)

  to protect, enhance and conserve agricultural land in a manner which sustains its efficient, sustainable and effective agricultural production potential, and

• (b)

  to facilitate development requiring a rural or isolated location or associated with agricultural pursuits, and rural industry, provided that it is unlikely to:

  • (i)

    prejudice the present environmental quality of the land within this zone, or

  • (ii)

    generate significant additional traffic, or create or increase a condition of ribbon development on any road, relative to the capacity and safety of the road, or

  • (iii)

    prejudice the intent of the objective specified in paragraph (a), or

  • (iv)

    have an adverse impact on the region’s water resources.

2Without development consent

Home occupations.

3Only with development consent

Any purpose other than a purpose included in item 2 or 4 of the matter relating to this zone.

4Prohibited

Aerodromes; boarding houses; brothels; building products sales rooms or showrooms; bulky goods sales rooms or showrooms; caravan parks; carparking stations; child care centres; commercial premises; detached dual occupancies; entertainment facilities; exhibition homes; general stores; generating works; hazardous industries; hazardous storage establishments; hotels; housing for older persons or people with a disability; industries; large scale commercial premises; large scale retail premises; light industries; materials recycling depots; medical centres; motels; motor showrooms; offensive industries; offensive storage establishments; passenger transport terminals; plant hire establishments; reception establishments; recreation facilities; registered clubs; residential flat buildings; restaurants; road transport terminals; self storage establishments; service stations; shops; tourist accommodation; toxic waste incinerators; vehicle body repair workshops; vehicle repair stations; warehouses.

(Non Urban Constrained Lands) Zone1Objectives of zone

The objectives are:

• (a)

  to limit the development of land that may be affected by flooding, coastal erosion, slope, and other physical constraints (including lack of adequate water supply and sewerage), and

• (b)

  to prohibit development that is likely to prejudice the present and future environmental quality of the land, and

• (c)

  to ensure that development is carried out in a manner that minimises risks from natural hazards and does not detract from the scenic quality.

2Without development consent

Home occupations.

3Only with development consent

Agriculture; animal establishments; bushfire hazard reduction; drainage; dwellings; flood mitigation works; home businesses; nutrient control facilities; recreation areas; roadside stalls; utility installations.

4Prohibited

Any purpose other than a purpose included in item 2 or 3 of the matter relating to this zone.

(Village Zone)1Objectives of zone

The objectives are:

• (a)

  to preserve the small scale of activities and general residential character of village areas, and

• (b)

  to provide facilities and services to support adjoining agricultural land uses providing they do not prejudice the intent of the objective specified in paragraph (a), and

• (c)

  to restrict development which may have an adverse impact on the region’s water resources.

2Without development consent

Home occupations.

3Only with development consent

Advertisements; child care centres; commercial premises, communications facilities; community facilities; drainage; dual occupancy buildings; dwelling-houses; education establishments; excavation and filling; general stores; group homes; home businesses; palliative day care centres; places of worship; recreation areas; restaurants; tourist accommodation; transitional group homes; utility installations.

4Prohibited

Any purpose other than a purpose included in item 2 or 3 of the matter relating to this zone.

(Forestry Zone)1Objectives of zone

The objective of this zone is to conserve forest resources.

2Without development consent

Any purpose authorised under the Forestry Act 1916.

3Only with development consent

Nil.

4Prohibited

Any purpose other than a purpose included in item 2 of the matter relating to this zone.

(Residential Zone)1Objectives of zone

The objectives are:

• (a)

  to provide land primarily for detached housing generally not exceeding a height of 2 storeys and with private gardens in an environment free from commercial and other incompatible activities and buildings, and

• (b)

  to provide for other uses, but only where they:

  • (i)

    are compatible with the residential environment and afford services to residents at a local level, and

  • (ii)

    are unlikely to adversely affect residential amenity or place demands on services beyond the level reasonably required for detached housing, and

• (c)

  to provide for home-based employment where such will not:

  • (i)

    involve exposure to view from any public place of any unsightly matter, or any raw material, equipment, machinery, product or stored finished goods, or

  • (ii)

    have a material adverse impact on residents.

2Without development consent

Home occupations.

3Only with development consent

Advertisements; bushfire hazard reduction; child care centres; communications facilities; community facilities; detached dual occupancies; drainage; dual occupancy buildings; dwelling-houses; education establishments; exhibition homes; flood mitigation works; general stores; group homes; home businesses; hospitals; nutrient control facilities; palliative day care centres; places of worship; recreation areas; transitional group homes; utility installations.

4Prohibited

Any purpose other than a purpose included in item 2 or 3 of the matter relating to this zone.

(Multiple Dwelling Residential Zone)1Objectives of zone

The objectives are:

• (a)

  to cater for a wide range of housing types essentially domestic in scale and character and generally not exceeding a height of 2 storeys, and

• (b)

  to provide for other uses which:

  • (i)

    are compatible with the residential environment and afford services to residents at a local level, and

  • (ii)

    are unlikely to adversely affect residential amenity or place demands on services beyond the level reasonably required for residential uses, and

• (c)

  to provide home-based employment where such will not:

  • (i)

    involve exposure to view from any public place of any unsightly matter, or any raw material, equipment, machinery, product or stored finished goods, or

  • (ii)

    have a material adverse impact on residents.

2Without development consent

Home occupations.

3Only with development consent

Advertisements; boarding houses; bushfire hazard reduction; child care centres; communications facilities; community facilities; detached dual occupancies; drainage; dual occupancy buildings; dwelling-houses; education establishments; exhibition homes; flood mitigation works; general stores; group homes; home businesses; hospitals; housing for older persons or people with a disability; motels; nutrient control facilities; palliative day care centres; places of worship; recreation areas; residential flat buildings; tourist accommodation; transitional group homes; utility installations.

4Prohibited

Any purpose other than a purpose included in item 2 or 3 of the matter relating to this zone.

(Medium Density Residential Zone)1Objectives of zone

Objectives of zone

• (a)

  to cater primarily for residential flat buildings generally not exceeding a height of 3 storeys (except as otherwise provided for by clause 42B), and

• (b)

  to provide for other uses which:

  • (i)

    are compatible with the residential environment and afford services to residents at a local level, and

  • (ii)

    are unlikely to adversely affect residential amenity or place demands on services beyond the level reasonably required for residential uses, and

• (c)

  to provide home-based employment where such will not:

  • (i)

    involve exposure to view from any public place of any unsightly matter, or raw material, equipment, machinery, product or stored finished goods, or

  • (ii)

    have a material adverse impact on residents.

2Without development consent

Home occupations.

3Only with development consent

Advertisements; boarding houses; bushfire hazard reduction; child care centres; communications facilities; community facilities; detached dual occupancies; drainage; dual occupancy buildings; dwelling-houses; education establishments; exhibition homes; flood mitigation works; general stores; group homes; home businesses; hospitals; housing for older persons or people with a disability; motels; nutrient control facilities; palliative day care centres; places of worship; recreation areas; residential flat buildings; tourist accommodation; transitional group homes; utility installations.

4Prohibited

Any purpose other than a purpose included in item 2 or 3 of the matter relating to this zone.

(High Density Residential Zone)1Objectives of zone

The objectives are:

• (a)

  to allow for high density residential development in suitable locations, and

• (b)

  to provide for other uses which:

  • (i)

    are compatible with the residential environment and afford services to residents at a local level, and

  • (ii)

    are unlikely to adversely affect residential amenity or place demands on services beyond the level reasonably required for residential use, and

• (c)

  to provide home-based employment where such will not:

  • (i)

    involve exposure to view from any public place of any unsightly matter, or any raw material, equipment, machinery, product or stored finished goods, or

• • (ii)

    have a material adverse impact on residents.

2Without development consent

Home occupations.

3Only with development consent

Advertisements; boarding houses; bushfire hazard reduction; child care centres; communications facilities; community facilities; detached dual occupancies; drainage; dual occupancy buildings; dwelling-houses; education establishments; exhibition homes; flood mitigation works; general stores; group homes; home businesses; hospitals; housing for older persons or people with a disability; motels; nutrient control facilities; palliative day care centres; places of worship; recreation areas; residential flat buildings; tourist accommodation; transitional group homes; utility installations.

4Prohibited

Any purpose other than a purpose included in item 2 or 3 of the matter relating to this zone.

(Urban Release Area Zone)1Objectives of zone

The objectives are:

• (a)

  to cater for a range of housing types appropriate to a greenfield urban release area and not exceeding a height of 2 storeys, and

• (b)

  to provide for other uses which:

  • (i)

    are compatible with the residential environment and afford services to residents at a local level, and

  • (ii)

    are unlikely to adversely affect residential amenity or place demands on services beyond the level reasonably required for residential uses, and

• (c)

  to provide home-based employment where such will not:

  • (i)

    involve exposure to view from any public place of any unsightly matter, or any raw material, equipment, machinery, product or stored finished goods, or

  • (ii)

    have a material adverse impact on residents, and

• (d)

  to ensure development includes appropriate water sensitive urban design.

2Without development consent

Home occupations.

3Only with development consent

Advertisements; agriculture; boarding houses; bushfire hazard reduction; child care centres; communications facilities; community facilities; detached dual occupancies; drainage; dual occupancy buildings; dwelling-houses; education establishments; exhibition homes; flood mitigation works; general stores; group homes; home businesses; hospitals; housing for older persons or people with a disability; motels; nutrient control facilities; palliative day care centres; places of worship; recreation areas; residential flat buildings; tourist accommodation; transitional group homes; utility installations.

4Prohibited

Any purpose other than a purpose included in item 2 or 3 of the matter relating to this zone.

(Residential Tourist Zone)1Objectives of zone

The objectives are:

• (a)

  to encourage residential development of various types primarily intended to accommodate tourists and visitors and not exceeding a height of 3 storeys (except as otherwise provided for in clause 42B), and

• (b)

  to accommodate other types of development which complement tourist uses, and

• (c)

  to ensure that tourist development does not significantly adversely impact on the amenity of residential areas in adjacent zones, and

• (d)

  to ensure that the scale and function of tourist development is appropriate in the context of the form of development which might occur in the zone for tourist purposes.

2Without development consent

Home occupations.

3Only with development consent

Advertisements; boarding houses; bushfire hazard reduction; child care centres; communications facilities; community facilities; drainage; dwelling-houses; education establishments; entertainment facilities; hotels; motels; nutrient control facilities; recreation areas; residential flat buildings; restaurants; tourist accommodation; utility installations.

4Prohibited

Any purpose other than a purpose included in item 2 or 3 of the matter relating to this zone.

(Business Centre Zone)1Objectives of zone

The objectives are:

• (a)

  to provide the primary opportunity for the development of retail and commercial activities that are appropriate to the character and needs of individual business centres within the retail hierarchy proposed by a development control plan prepared by the Council for the purpose, and

• (b)

  to provide for higher intensity retail and commercial uses, while allowing for low intensity retail and commercial uses in other business zones, and

• (c)

  to enable the Council to provide more detailed guidelines about preferred retail distribution and development issues in a development control plan.

2Without development consent

Nil.

3Only with development consent

Any purpose other than a purpose included in item 4 of the matter relating to this zone.

4Prohibited

Abattoirs; aerodromes; agriculture; animal establishments; aquaculture; boarding houses; brothels; building products sales rooms or showrooms; caravan parks; depots; detached dual occupancies; dual occupancy buildings; dwellings (other than those attached to other permitted buildings); exhibition homes; extractive industries; generating works; hazardous industries; hazardous storage establishments; industries; intensive agriculture; light industries; materials recycling depots; mining; offensive industries; motor showrooms; offensive storage establishments; plant hire establishments; residential flat buildings (other than those attached to other permitted buildings); road transport terminals; roadside stalls; rural industries; sawmills; self storage establishments; stock and sale yards; tourist accommodation that is not attached to other permitted buildings or used in conjunction with other permitted uses; toxic waste incinerators; transport depots; vehicle body repair workshops; vehicle repair stations; warehouses.

(Centre Support Zone)1Objectives of zone

The objectives are:

• (a)

  to provide opportunities for development having relatively low traffic-generating characteristics but not high turnover shops and offices that might more properly be located in the Business Centre Zone, and

• (b)

  to provide for relatively low intensity commercial and retail uses with extensive floor space requirements, but not including supermarkets or other food or produce markets, and

• (c)

  to provide for development which does not have the potential to result in a detrimental impact on uses in the Business Centre Zone, and

• (d)

  to create opportunities for development within district and regional business centres which support and enhance the range of retail opportunities within those centres, and

• (e)

  to enable the Council to provide more detailed guidelines about preferred retail distribution and development issues in a development control plan.

2Without development consent

Nil.

3Only with development consent

Any purpose other than a purpose included in item 4 of the matter relating to this zone.

4Prohibited

Abattoirs; aerodromes; agriculture; animal establishments; aquaculture; boarding houses; brothels; caravan parks; depots; detached dual occupancies; dual occupancy buildings; dwellings (other than those used in conjunction with a permitted business and situated on the same land as the permitted business); exhibition homes; extractive industries; general stores; generating works; group homes; hazardous industries; hazardous storage establishments; industries; intensive agriculture; light industries; materials recycling depots; mining; offensive industries; offensive storage establishments; plant hire establishments; residential flat buildings; road transport terminals; roadside stalls; rural industries; sawmills; self storage establishments; shops; stock and sale yards; tourist accommodation; toxic waste incinerators; transitional group homes; transport depots; vehicle body repair workshops; warehouses.

(Tourist Business Zone)1Objectives of zone

The objectives are:

• (a)

  to encourage development providing accommodation, services, entertainment and attractions for tourists, and

• (b)

  to complement the functions of a nearby town centre, and

• (c)

  to ensure that development is of a type and scale that is appropriate to a tourist-orientated character, and enables the maintenance of the area’s attraction to tourists.

2Without development consent

Nil.

3Only with development consent

Any purpose other than a purpose included in item 4 of the matter relating to this zone.

4Prohibited

Abattoirs; aerodromes; agriculture; animal establishments; aquaculture; boarding houses; brothels; building products sales rooms or showrooms; bulky goods sales rooms or showrooms; caravan parks; depots; detached dual occupancies; dual occupancy buildings; dwellings (other than those used in conjunction with a permitted business and situated on the same land as the permitted business); education establishments; exhibition homes; extractive industries; generating works; group homes; hazardous industries; hazardous storage establishments; heliports; hospitals; industries; intensive agriculture; light industries; materials recycling depots; medical centres; mining; motor showrooms; offensive industries; offensive storage establishments; palliative day care centres; places of worship; plant hire establishments; plant nurseries; residential flat buildings (other than those attached to other permitted buildings); road transport terminals; roadside stalls; rural industries; sawmills; self storage establishments; service stations; stock and sale yards; toxic waste incinerators; transitional group homes; transport depots; vehicle body repair workshops; vehicle repair stations; veterinary hospitals; warehouses.

(General Industrial Zone)1Objectives of zone

The objectives are:

• (a)

  to provide opportunities for the development of large scale industrial, service and storage activities which by nature of their operations should be isolated from residential areas, and

• (b)

  to restrict commercial, retail or other development except where it is ancillary to the use of land within this zone for industrial, service and storage purposes, and

• (c)

  to enable the Council to provide more detailed guidelines about industrial development in a development control plan.

2Without development consent

Nil.

3Only with development consent

Any purpose other than a purpose included in item 4 of the matter relating to this zone.

4Prohibited

Aerodromes; agriculture; boarding houses; brothels; building products sales rooms or showrooms; bulky goods sales rooms or showrooms; caravan parks; commercial premises; detached dual occupancies; dual occupancy buildings; dwellings (other than those used in conjunction with a permitted industry and situated on the same land as the permitted industry); exhibition homes; group homes; hazardous industries; hazardous storage establishments; hotels; intensive agriculture; large scale commercial premises; large scale retail establishments; medical centres; motels; motor showrooms; offensive industries; offensive storage establishments; palliative day care centres; plant nurseries; reception establishments; registered clubs; residential flat buildings; restaurants; roadside stalls; rural industries; self storage establishments; shops; tourist accommodation; toxic waste incinerators; transitional group homes.

(Light Industrial Zone)1Objectives of zone

The objectives are:

• (a)

  to provide opportunities for the development of a wide range of industrial, service and storage activities which do not have a materially detrimental effect on the amenity of adjoining residential areas, and

• (b)

  to restrict commercial, retail or other development except where it is ancillary to the use of land within this zone for light industrial, service and storage purposes, and

• (c)

  to enable the Council to provide more detailed guidelines about industrial development in a development control plan.

2Without development consent

Nil.

3Only with development consent

Any purpose other than a purpose included in item 4 of the matter relating to this zone.

4Prohibited

Abattoirs; aerodromes; agriculture; boarding houses; bulky goods sales rooms or showrooms; caravan parks; commercial premises; detached dual occupancies; dual occupancy buildings; dwellings (other than those used in conjunction with a permitted industry and situated on the same land as the permitted industry); exhibition homes; generating works; group homes; hazardous industries; hazardous storage establishments; industries (other than light industries); intensive agriculture; large scale commercial premises; large scale retail establishments; medical centres; motels; offensive industries; offensive storage establishments; palliative day care centres; reception establishments; residential flat buildings; restaurants; roadside stalls; rural industries; sawmills; shops; tourist accommodation; toxic waste incinerators; transitional group homes.

(Business Park Zone)1Objectives of zone

The objectives are:

• (a)

  to provide for the integrated development of an industrial business park, and

• (b)

  to allow for large scale commercial development which is not in conflict with sustaining and developing commercial zones, and

• (c)

  to encourage development appropriate to an industrial business park which generates multi-sector employment, and

• (d)

  to enable the Council to provide more detailed guidelines about industrial development in a development control plan.

2Without development consent

Nil.

3Only with development consent

Any purpose other than a purpose included in item 4 of the matter relating to this zone.

4Prohibited

Abattoirs; aerodromes; agriculture; animal establishments; boarding houses; brothels; building products sales rooms or showrooms; bulky goods sales rooms or showrooms; caravan parks; commercial premises; detached dual occupancies; dual occupancy buildings; dwellings (other than those used in conjunction with a permitted industry and situated on the same land as the permitted industry); exhibition homes; generating works; group homes; hazardous industries; hazardous storage establishments; industries (other than light industries); intensive agriculture; large scale retail establishments; materials recycling depots; medical centres; motels; motor showrooms; offensive industries; offensive storage establishments; palliative day care centres; plant hire establishments; reception establishments; residential flat buildings; restaurants; roadside stalls; rural industries; sawmills; self storage establishments; service stations; shops; stock and sale yards; tourist accommodation; toxic waste incinerators; transitional group homes; vehicle body repair workshops; vehicle repair stations.

(Regional Industrial and Employment Development Zone)1Objectives of zone

The objectives are:

• (a)

  to provide land to cater primarily for the special requirements of major industrial or employment-generating development which is within convenient distances to support population growth within the urban centres of the local government area of Wyong and has good road and rail access links, and

• (b)

  to facilitate major industrial and employment-generating activities by permitting development which:

  • (i)

    generates significant new employment on-site, or

  • (ii)

    requires a large site area but has a significant multiplier effect in the regional economy, and

• (c)

  to facilitate other industrial and employment-generating activities only where:

  • (i)

    the development needs to be located with other major industry or activities within the zone, or

  • (ii)

    the development requires a location with convenient access to the freeway or railway, and

• (d)

  to provide that new industrial development and other development does not present unacceptable risks by limiting development which:

  • (i)

    exposes residences and the natural environment to unacceptable levels of pollution or hazard risk and does not incorporate adequate safeguards to mitigate any potential threats, or

  • (ii)

    involves a process which generates toxic waste products the disposal of which cannot be properly managed either on site or otherwise, or

  • (iii)

    limits the potential employment capacity of the zone by sterilising large areas of land through buffer or isolation requirements, and

• (e)

  to promote environmentally sustainable development by limiting development that:

  • (i)

    contributes to the degradation of the Tuggerah Lakes or Lake Macquarie systems, and

  • (ii)

    involves the transportation of hazardous or offensive materials through or in proximity to residential or environmentally sensitive areas, and

• (f)

  to provide for commercial and retail development:

  • (i)

    that is ancillary to the main use of land within the zone, and

  • (ii)

    that meets the day-to-day needs of occupants and employees of the buildings within the zone.

2Without development consent

Nil.

3Only with development consent

Any purpose other than a purpose included in item 4 of the matter relating to this zone.

4Prohibited

Abattoirs; aerodromes; agriculture; animal establishments; boarding houses; brothels; building products sales rooms or showrooms; bulky goods sales rooms or showrooms; caravan parks; community facilities; dwellings (other than those used in conjunction with a permitted industry and situated on the same land as the permitted industry); entertainment facilities; exhibition homes; group homes; hazardous industries; hazardous storage establishments; hospitals; hotels; intensive agriculture; large scale retail establishments; medical centres; motels; motor showrooms; offensive industries; offensive storage establishments; palliative day care centres; plant hire establishments; reception establishments; recreation facilities; registered clubs; residential flat buildings; restaurants; roadside stalls; rural industries; self storage establishments; shops; tourist accommodation; toxic waste incinerators; transitional group homes; vehicle body repair workshops; vehicle repair stations.

(Special Uses Zone)1Objectives of zone

The objectives are:

• (a)

  to cater for the provision of community and public facilities and services, and

• (b)

  to provide for any other development of land within this zone, with the consent of the Council, provided that:

  • (i)

    the other development is ancillary to or related to the current or future use of the land for the purpose of a community or public facility or service, and

  • (ii)

    the other development does not adversely affect the current or future usefulness of the land for the purpose of those facilities or services.

2Without development consent

Nil.

3Only with development consent

Any purpose.

4Prohibited

Nil.

(Railways Zone)1Objectives of zone

The objective is to recognise existing railway land and to enable its future development for railway and associated purposes.

2Without development consent

Nil.

3Only with development consent

Any purpose.

4Prohibited

Nil.

(Local Road Reservation Zone)1Objectives of zone

The objectives are:

• (a)

  to provide for the acquisition and development of land principally for local roads, and

• (b)

  to provide for any other purpose, with the consent of the Council, provided that the purpose does not:

  • (i)

    adversely affect the current or future usefulness of the land for the purposes for which it is zoned, or

  • (ii)

    prejudice proposals for the acquisition of land as referred to in paragraph (a).

2Without development consent

Nil.

3Only with development consent

Any purpose.

4Prohibited

Nil.

(Arterial Road Reservation Zone)1Objectives of zone

The objectives are:

• (a)

  to provide for the acquisition and development of land principally for arterial roads, and

• (b)

  to provide for any other purpose, with the consent of the Council, provided that the purpose does not affect the usefulness of the land for the purpose of arterial roads.

2Without development consent

Nil.

3Only with development consent

Any purpose.

4Prohibited

Nil.

(Open Space and Recreation Zone)1Objectives of zone

The objectives are:

• (a)

  to provide for the open space and recreation needs of the local community and visitors, and

• (b)

  to allow for other leisure and recreation-orientated development, or any other use that is authorised by a plan of management adopted under section 40 of the Local Government Act 1993, which:

  • (i)

    promotes worthwhile community benefits, and

  • (ii)

    would not reduce the amount and distribution of public open space areas below acceptable levels and standards which meet the needs of the community, and

  • (iii)

    would not have an unacceptable impact on the amenity of adjacent areas, and

  • (iv)

    would not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as Tuggerah Lakes, Lake Macquarie, streams, estuaries and wetlands.

118Preservation of trees or vegetation(1)

The objective of this clause is to preserve the amenity of the Warnervale Town Centre, including biodiversity values, through the preservation of trees and other vegetation.

(2)

This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Council.

Note—

A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner.

(3)

A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by:

• (a)

  development consent, or

• (b)

  a permit granted by the Council.

(4)

The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought.

(5)

This clause does not apply to a tree or other vegetation that the Council is satisfied is dying or dead and is not required as the habitat of native fauna.

(6)

This clause does not apply to a tree or other vegetation that the Council is satisfied is a risk to human life or property.

(7)

A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation:

• (a)

  that is or forms part of a heritage item or that is within a heritage conservation area, or

• (b)

  that is or forms part of an Aboriginal object or that is within an Aboriginal place of heritage significance,

unless the Council is satisfied that the proposed activity:

• (c)

  is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area, and

• (d)

  would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.

Note—

As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 32 will be applicable to any such consent.

(8)

This clause does not apply to or in respect of:

• (a)

  the clearing of native vegetation:

  • (i)

    that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003, or

  • (ii)

    that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or

• (b)

  the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or

• (c)

  trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or

• (d)

  action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying and Spatial Information Act 2002, or

• (e)

  plants declared to be noxious weeds under the Noxious Weeds Act 1993.

Note—

Permissibility may be a matter that is determined by or under any of these Acts.

(9)

Subclause (8) (a) (ii) does not apply in relation to land in Zone E2 Environmental Conservation or E3 Environmental Management.

119Bush fire hazard reduction

Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land within the Warnervale Town Centre without development consent.

Note—

The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.

120Controls relating to miscellaneous permissible uses(1)

This clause applies to development only if it is permitted under this Part.

(2)

Development for the purposes of bed and breakfast accommodation that is provided to guests must consist of no more than 5 bedrooms.

(3)

Development for the purposes of a home business must not involve the use of more than 30 square metres of floor area.

(4)

Development for the purposes of a home industry must not involve the use of more than 50 square metres of floor area.

(5)

Development for the purposes of a kiosk must not involve the use of more than 30 square metres of gross floor area.

(6)

Development for the purposes of a neighbourhood shop must not involve the use of more than 125 square metres for the retail floor area of the shop.

121Savings provision relating to pending application

A development application that has been made but not finally determined before the commencement of this Part must be determined as if State Environmental Planning Policy Amendment (Miscellaneous) 2012 had not commenced.

Part 6Palmdale site122Application of Part(1)

This Part applies to the land shown distinctively coloured on the Land Zoning Map, referred to in this Part as the Palmdale site.

(2)

No other provision of this plan (other than clauses 7 (3) and 32) applies to the Palmdale site.

123Interpretation(1)

In this Part:

Council means the Council of the Shire of Wyong.

Land Zoning Map means the Wyong Local Environmental Plan 1991—Palmdale—Land Zoning Map.

(2)

A word or expression used in this Part has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006, unless it is otherwise defined in this Part.

124Maps(1)

A reference in this Part to a named map adopted by this Part 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 Part 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 Part, a map may be in, and may be kept and made available in, electronic or paper form, or both.

125Application of SEPPs(1)

This Part is subject to the provisions of any State environmental planning policy that prevails over this Part 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 Part applies:

• •

  State Environmental Planning Policy No 1—Development Standards

• •

  State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development (clause 6 and Part 3)

• •

  State Environmental Planning Policy No 60—Exempt and Complying Development

126Repeal of other LEPs

Any local environmental plan or deemed environmental planning instrument that, immediately before the commencement of this Part, applied to the land to which this Part applies is repealed to the extent that it applies to that land.

127Consent authority

The Council is the consent authority for the purposes of this Part.

128Land use zones

For the purposes of this Part, land within the Palmdale site is within a zone as follows if the land is shown on the Land Zoning Map as being within that zone:

• (a)

  Zone SP2 Infrastructure,

• (b)

  Zone E2 Environmental Conservation.

129Objectives of land use zones to be taken into account

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

130Zone SP2 Infrastructure(1)

The objectives of Zone SP2 Infrastructure are as follows:

• (a)

  to provide for infrastructure and related uses,

• (b)

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

(2)

Development for any of the following purposes is permitted without development consent on land within Zone SP2 Infrastructure:

• •

  nil.

(3)

Development for any of the following purposes is permitted only with development consent on land within Zone SP2 Infrastructure:

• •

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

(4)

Except as otherwise provided by this Part, development on land within Zone SP2 Infrastructure is prohibited unless it is permitted by subclause (2) or (3).

131Zone E2 Environmental Conservation(1)

The objectives of Zone E2 Environmental Conservation are as follows:

• (a)

  to protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values,

• (b)

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

(2)

Development for any of the following purposes is permitted without development consent on land within Zone E2 Environmental Conservation:

• •

  environmental protection works.

(3)

Development for any of the following purposes is permitted only with development consent on land within Zone E2 Environmental Conservation:

• •

  environmental facilities; roads; water supply systems.

(4)

Development for any of the following purposes is prohibited on land within Zone E2 Environmental Conservation:

• •

  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 subclause (2) or (3).

132Subdivision—consent requirements(1)

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

(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.

133Infrastructure development and the use of existing buildings of the Crown(1)

This Part does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development that is permitted to be carried out with or without consent or that is exempt development under State Environmental Planning Policy (Infrastructure) 2007.

(2)

This Part does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.

134Public utility infrastructure(1)

Development consent must not be granted for development on land within the Palmdale site unless the consent authority is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.

(2)

In this clause, public utility infrastructure includes infrastructure for any of the following:

• (a)

  the supply of water,

• (b)

  the supply of electricity,

• (c)

  the supply of natural gas,

• (d)

  the disposal and management of sewage.

(3)

This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure referred to in this clause.

135Exceptions 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 within 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 E2 Environmental Conservation 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.

(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.

136Preservation of trees or vegetation(1)

The objective of this clause is to preserve the amenity of the Palmdale site, including biodiversity values, through the preservation of trees and other vegetation.

(2)

This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Council.

Note—

A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner.

(3)

A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by:

• (a)

  development consent, or

• (b)

  a permit granted by the Council.

(4)

The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought.

(5)

This clause does not apply to a tree or other vegetation that the Council is satisfied is dying or dead and is not required as the habitat of native fauna.

(6)

This clause does not apply to a tree or other vegetation that the Council is satisfied is a risk to human life or property.

(7)

A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation:

• (a)

  that is or forms part of a heritage item or that is within a heritage conservation area, or

• (b)

  that is or forms part of an Aboriginal object or that is within an Aboriginal place of heritage significance,

unless the Council is satisfied that the proposed activity:

• (c)

  is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area, and

• (d)

  would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.

Note—

As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 32 will be applicable to any such consent.

(8)

This clause does not apply to or in respect of:

• (a)

  the clearing of native vegetation:

  • (i)

    that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003, or

  • (ii)

    that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or

• (b)

  the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or

• (c)

  trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 2012, or

• (d)

  action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying and Spatial Information Act 2002, or

• (e)

  plants declared to be noxious weeds under the Noxious Weeds Act 1993.

Note—

Permissibility may be a matter that is determined by or under any of these Acts.

(9)

Subclause (8) (a) (ii) does not apply in relation to land in Zone E2 Environmental Conservation.

137Bush fire hazard reduction

Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land within the Palmdale site without development consent.

Note—

The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.

Schedule 1Heritage items

(Clause 7 (1))

Column 1	Column 2	Column 3
Description of heritage item	Significance	Manner numbered on heritage map
Street Name	No	Item	No	Map / Sheet
CEDAR BRUSH CREEK
Brush Creek Road	Barn	Regional	1	1/1
DOORALONG
Dooralong Road	Former St Anne’s Church	Local	2	2/1
Dooralong Road	Community Hall	Local	3	2/1
Dooralong Road	RMB 859	Dwelling	Local	4	2/1
Dooralong Road	Primary School	Local	5	2/1
GLENNING VALLEY
Livistona / Glenning Roads	32A	Dwelling	Local	6	3/1
Palm Springs Avenue	14	Dwelling	Local	7	3/1
GOROKAN
Nichols Avenue	19	Dwelling	Local	8	4/1
The Corso	1	Dwelling	Local	9	4/1
JILLIBY
Little Jilliby Road	Jilliby Public School	Local	10	5/1
Jilliby Road	Jilliby Cemetery	Regional	11	6/1
Jilliby Road	Silo	Regional	12	6/1
KANGY ANGY MOUNTAIN
Old Maitland Road	Old Maitland Road	Regional	13	7/1
LONG JETTY
Gordon Street	6	Dwelling	Local	14	8/1
Surf Street	25	Dwelling	Local	15	9/1
The Entrance Road	Long Jetty Hotel	Local	16	9/1
The Entrance Road	264	Shop	Local	17	8/1
Tuggerah Parade	Long Jetty	Regional	18	8/1
MANNERING PARK
Ruttleys Road	Bulk Store Building	Local	94	38/5
MARDI
Collies Road	Road Bridge	Local	19	10/1
Mardi Road	RMB 312	Dwelling	Local	20	10/1
NORAH HEAD
Bush Street	Lighthouse and Building	State	21	11/1
NORAVILLE
Elizabeth Drive	3–7	Dwelling (“Hargraves House”)	State	22	12/1
Cnr Wilfred Barrett Drive Oleander Street	Noraville Cemetery and Hargraves’ Grave	Regional	23	12/1
OURIMBAH
Brownlee Street	Sawmill	Regional	24	13/1
Chittaway Road	23	Dwelling	Local	26	13/1
Jaques Road	Utility Structure	Regional	25	14/1
Ourimbah Creek Road	RMB 1860	Dwelling	Local	27	15/2
Pacific Highway	Primary School	Local	28	13/1
Pacific Highway	Railway Station	Regional	29	14/1
Pacific Highway	21	Shop	Local	30	14/1
Pacific Highway	World War I Monument	Local	31	14/1
Shirley Street	100	Dwelling	Local	93	37/4
Station Street	Post Office and Residence	Local	32	14/1
PALMDALE
Palmdale Road	RMB 4580	Dwelling	Local	33	16/2
RAVENSDALE
Ravensdale Road

RMB 1446	Dwelling	Local	34	17/2
Ravensdale Road	Former Public School	Local	35	17/2
Ravensdale Road	RMB 1477	Silos	Regional	36	18/2
SOUTH TACOMA
South Tacoma Road	Boatshed	Local	37	19/2
South Tacoma Road	11 &13	Dwellings	Local	38	19/2
South Tacoma Road	14	Dwelling	Local	39	19/2
South Tacoma Road	Former Primary School	Local	40	19/2
THE ENTRANCE
Coral Street	1	Shop	Local	41	20/2
Dening Street	Police Station / Former Ambulance Station	Local	42	21/2
Marine Parade	Surf Club Building	Regional	43	22/2
Marine Parade	World War I Monument	Local	44	22/2
Ocean Parade	The Entrance Ocean Baths	State	95	39/5
The Entrance Road	Our Lady of the Rosary Catholic Church	Local	45	21/2
The Entrance Road	Shop / Residence	Local	46	20/2
The Entrance Road	The Entrance Hotel	Regional	47	20/2
The Entrance Road	The Lakes Hotel	Local	48	21/2
THE ENTRANCE NORTH
Hargraves Street	21	Dwelling (Former Kiosk)	Local	49	23/2
Hutton Road	33	Dwelling	Local	50	23/2
TUGGERAH
Anzac Road	All Saints Anglican Church	Local	51	24/2
Pacific Highway	Pioneer Dairy	Regional	52	25/2
TUMBI UMBI
Eric Malouf Close	Dwelling	Local	53	26/2
WARNERVALE
Warnervale Road	Former Methodist Church	Local	54	27/2
Warnervale Road	Shop / Residence	Regional	55	28/2
WYONG
Alison Road	46	Dwelling	Local	56	29/3
Alison Road	Former Court House	Regional	57	29/3
Alison Road	Police Station and Quarters	Local	58	29/3
Alison Road	14–16	Retail Store	Regional	59	29/3
Alison Road	Former Wyong Dairy Cooperative	Local	96	40/5
Boyce Avenue	Guest House (Formerly “Hakone”)	Regional	60	30/3
Byron Street	St Cecilia’s Catholic Church Group	Local	61	31/3
Cape Road	Dwelling (“Alison Homestead”)	Regional	62	10/1
Church Street	Former Public School	Regional	63	29/3
Church Street	World Wars I and II Monument	Local	64	29/3
Cnr Church Street &Pacific Highway	Shops	Regional	65	29/3
Cnr Hely Street / Anzac Avenue	Council Building	Local	73	29/3
Hope Street	6, 28 &34	Dwellings	Local	66	29/3
Pacific Highway	Brisbane Water Ambulance Station	Local	67	29/3
Pacific Highway	98	Former Rural Bank	Regional	68	29/3
Pacific Highway	Shopping Complex	Regional	69	29/3
Pacific Highway	Wyong Railway Station	Regional	70	29/3
Rankens Court	Former Methodist Church	Local	71	29/3
Rankens Court	Commercial Office Building	Regional	72	29/3
WYONGAH
Tuggerawong Road	88	Dwelling	Local	74	32/3
WYONG CREEK
Boyds Lane	Dwelling (“Bangalow”)	Regional	75	34/3
Kidman’s Lane, Off Yarramalong Road	Road Bridge	Local	76	33/3
Kidman’s Lane	RMB 1135	Dwelling (“Gracemere”)	Regional	77	33/3
Yarramalong Road	Community Hall	Regional	78	34/3
Yarramalong Road	RMB 1216	Dwelling (Former “Ebenezer Cottage”)	Regional	79	34/3
Yarramalong Road	Dwelling	Regional	80	34/3
Yarramalong Road	Dwelling (Former “Salmon House”)	Regional	81	35/3
Yarramalong Road	Dwelling (“Hillview”)	Regional	82	35/3
Yarramalong Road	RMB 1156	Dwelling (“Marabilla”)	Regional	83	34/3
Yarramalong Road	RMB 1172	Silos and Farm Shed	Regional	84	34/3
Yarramalong Road	Wyong Creek Public School	Regional	85	33/3
YARRAMALONG
Yarramalong Road	Community Hall	Regional	86	36/3
Yarramalong Road	Dwelling (“Homeleigh”)	Regional	87	36/3
Yarramalong Road	Dwelling (Former School Residence)	Regional	88	36/3
Yarramalong Road	Dwelling (Former “Linga Longa” Guest House)	Regional	89	36/3
Yarramalong Road	Yarramalong Public School	Regional	90	36/3
Yarramalong Road	Retail Store and Residence	Regional	91	36/3
Yarramalong Road	St Barnabas Cemetery	Regional	92	41/5
Yarramalong Road	St Barnabas Church	State	97	41/5

Schedule 2Development for certain additional purposes

(Clause 52)

Portions 467 and 468, Parish of Wallarah, corner of Tall Timbers Road, Pacific Highway, Lake Munmorah—club, where the Pacific Highway frontage to the land is landscaped and planted with a series of trees that will, in the opinion of the Council, effectively screen any development from the Pacific Highway and no other development than the landscaping is carried out within 90 metres of the Pacific Highway and no development for pedestrian or other crossing is carried out on that frontage.

So much of Lot 6, Section 4, DP 3368, Gavenlock Road, Mardi, as is within Zone No 2 (b)—quarrying activities, as an extension of those carried out as an existing use.

Lot 8, DP 543157, Brush Creek Road, Yarramalong—use of only the dwellings existing on the site as at October 21 1991 for the purposes of guest house accommodation.

Lot 1, Section 2, DP 758083, Point Street, Bateau Bay, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 46)”—restaurant.

Lot 45, DP 615913, Pacific Highway West, Wyong, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 62)”—flower stall.

Part Lot 500, DP 627895 and Lot 5, DP 112609, Chittaway Road, Chittaway, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 81)”—motel.

Lot 5 DP 270014, Bannister Drive, Lake Haven, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 88)—car tyre outlet and car tuning facility.

Lot 1233 DP 790840, Wallarah Road and Lot 32 DP 27056, Rita Road, Gorokan, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 91)”—motel and associated facilities.

Lot 21 DP 749835, Pacific Highway, Ourimbah—mortuary and single unit crematorium.

Land within Zone No 5 (a) Special Uses Education Establishments shown on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 114)”—a hotel, motel and dwellings (including dwelling houses, dual occupancy buildings, residential flat buildings (including dwelling houses, dual occupancy buildings, residential flat buildings and boarding houses), provided that the dwellings are used for a purpose associated with the primary purpose of the zone, which may include student accommodation, staff accommodation and caretakers accommodation.

Lot 11, DP 841815, Lot 13, DP 841815 and Lots 101 and 102, DP 879795, Jilliby Road, Dooralong—tourist facility including a conference centre, recreation facilities and ancillary accommodation.

Lot 911, DP 834026, Wyong Road, Killarney Vale, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 31)”—service station and convenience store.

Land shown on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 126)”—wholesale travel agency, being a building or place used for preparing travel packages for supply to the retail travel industry.

Lots 2 and 3, DP 700029, Nos 599 and 601 The Entrance Road, Bateau Bay, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 169)”—medical centre, associated car parking and landscaping.

Lot 21, DP 654119 and Lots 24 and 25, DP 25373, 1 Bryant Drive, Tuggerah—commercial premises, but only if the total gross floor area of the development does not exceed 3,500 square metres.

Schedule 3Classification or reclassification of public land as operational land

(Clause 65A)

Part 1

Berkeley Vale

Lakedge Avenue—Part of Lot 149, DP 263470, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 75)”.

Lorraine Avenue—Part of Lot 4 DP 264171, as shown edged heavy black on Sheet 2 of the map marked “Wyong Local Environmental Plan 1991 (Amendment No 77).

Killarney Vale

Daniel Close—Lot 13 DP 732182, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 68)”.

Wyong Road—Part of Lot 3, DP 610537, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 43)”.

San Remo

Liamena Avenue—Lot 6 DP 206145, as shown edged heavy black on sheet 2 of the map marked “Wyong local Environmental Plan 1991 (Amendment No 112)”.

Wyong

Pacific Highway—Part Lot 6, DP 239617, and part of a closed road (Lou Gardiner Close), as shown edged black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 83)”.

Part 2

Column 1	Column 2	Column 3
Locality	Description	Trusts etc not discharged
Charmhaven
Dash Road	Lot 1015, DP 707861, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 127)—Wyong Local Environmental Plan 1991 (Amendment No 127).	Nil.
Lake Haven
Goobarabah Avenue	Part of Lot 1013, DP 707861, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 129)”—Wyong Local Environmental Plan 1991 (Amendment No 129).	Nil.
Ourimbah
Burns Road	Lot 24, DP 816277	Nil.
Wyong
Lot 2, DP 1108419	Nil.

Part 3

The Entrance

Glovers Lane—Lot 2 DP 620550 and Lot 342 DP 703997.

Warnervale

Aldenham Road—Lot 34 DP 9215.

Schedule 4Development restrictions on certain land

(Clause 53)

Land	Development restrictions
Lot 3, DP 657514, Lot 87, DP 665635, Lot 17, DP 737217 and Lot 13, DP 874595, Manns Road, Fountaindale	The erection of a dwelling on any part of the land within Zone No 7 (a) is prohibited
Land within Zone No 7 (b) shown by distinctive edging on the map and identified as being within the Summerland Point Precinct	The only development that is permissible with consent is: (a) in relation to the whole of the land—development for the purposes of dwelling-houses and agriculture, and (b) in relation to Lot 21, DP 708344, (No 185) Cams Boulevard, Summerland Point—development for the purpose of tourist accommodation, but only within the existing guesthouse building.
Land at Elizabeth Bay Drive, Lake Munmorah as identified on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 45)”	Buildings shall be erected only on the part of the land shown hatched on the map
Land within Zone No 7 (b) fronting Kanangra Drive and Parraween Road, Gwandalan as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 13)”	Only development for the purpose of advertisements, agriculture, parks and gardens, plant nurseries, public or other reserves, utility installations (other than gas holders or generating works) may be carried out with consent
Part Lot 3, DP 3391, Hue Hue Road, Jilliby as shown hatched on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 27)”	The erection of a dwelling-house and use of the land to dispose of effluent are prohibited
Part Lot 67, DP 755224, Cherry Lane, Kulnura as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 29)”	Subdivision is prohibited
Lot 1, DP 615345 and so much of Lot 12, DP 620377, Cape Road, Wyong as are within Zone No 7 (c)	Development may be carried out only if practical methods of acoustic treatment can be applied to the siting, design and construction of dwellings and have been identified to the satisfaction of the Council by a qualified acoustic engineer
Part Lot 1034, DP 583331, Peach Orchard Road, Ourimbah as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 92)”	Only development for the purpose of one dwelling-house and ancillary structures may be carried out with consent

Schedule 5Land not subject to lot amalgamation

(Clause 18 (1))

Locality	Street	Description
Bushells Ridge
Lot 193, DP 1032847
Bushells Ridge Road	Lot 191, DP 1032847
Bushells Ridge Road	Lots 107–111, DP 755245
Tooheys Road	Lots 4 and 5, DP 260217
Tooheys Road	Lots 102 and 103, DP 755245
Tooheys Road	Lots 194 and 195, DP 1032847
Hamlyn Terrace
Minnesota Road	Lot 7, DP 1071685
Warnervale Road	Lot 6, DP 1071685
Mardi
Joseph Esplanade	Lot 160, DP 871748
Louis Close	Lots 603–605, DP 1012140
McPherson Road	Lots 1 and 2, Section 4, DP 3368
Woolmers Crescent	Lots 601 and 602, DP 1012140
Tuggerah
Gavenlock Road	Lot 87, DP 832850
Warnervale
Virginia Road	Lot 3, DP 1101086 and Lot 102, DP 588421
Wyong
McDonagh Road	Lots 36 and 37, DP 4526