Greater Taree Local Environmental Plan 2010



Part 1 Preliminary
1.1   Name of Plan
This Plan is Greater Taree Local Environmental Plan 2010.
1.1AA   Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
1.2   Aims of Plan
(1)  This Plan aims to make local environmental planning provisions for land in Greater Taree City in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
(2)  The particular aims of this Plan are as follows—
(a)  to promote and encourage the ecologically sustainable development of Greater Taree City,
(b)  to encourage the proper management, development and conservation of natural and human made resources (including natural areas, forests, coastal areas, water, groundwater dependent ecosystems, agricultural land, extractive resources, towns, villages, and cultural amenities) for the purpose of promoting the social and economic welfare of the community, protecting ecological and cultural heritage and achieving a better environment,
(c)  to promote and co-ordinate the orderly and economic use and development of land, and to minimise conflict between adjacent land uses,
(d)  to facilitate the provision and co-ordination of community services and facilities,
(e)  to encourage the protection of the environment, including the protection and conservation of native animals and plants, threatened species and endangered ecological communities and their habitats,
(f)  to minimise the exposure of development to natural hazards and natural risks,
(g)  to seek the provision of adequate and appropriate infrastructure to meet the needs of future development,
(h)  to encourage a strong, growing and diversified economy that promotes local self-reliance, and recognises and strengthens the local community and its social capital in ways that safeguard the quality of life of future generations.
1.3   Land to which Plan applies
This Plan applies to the land identified on the Land Application Map.
1.4   Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5   Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6   Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7   Maps
(1)  A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a)  approved by the local plan-making authority when the map is adopted, and
(b)  as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(1AA)    (Repealed)
(2)  Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
(3)  Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4)  For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note—
The maps adopted by this Plan are to be made available on the official NSW legislation website in connection with this Plan. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
1.8   Repeal of planning instruments applying to land
(1)  All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
Note—
The following local environmental plans are repealed under this provision—
(2)  All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
1.8A   Savings provision relating to pending development approvals
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
Note—
However, under Division 4B of Part 3 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
1.9   Application of SEPPs
(1)  This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
(2)  The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
1.9A   Suspension of covenants, agreements and instruments
(1)  For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2)  This clause does not apply—
(a)  to a covenant imposed by the Council or that the Council requires to be imposed, or
(b)  to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c)  to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d)  to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e)  to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f)  to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g)  to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
(3)  This clause does not affect the rights or interests of any public authority under any registered instrument.
(4)  Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2011 (363), Sch 10 [1]; 2019 (621), Sch 5[2]–[4].
Part 2 Permitted or prohibited development
2.1   Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU1 Primary Production
RU3 Forestry
RU4 Primary Production Small Lots
RU5 Village
Residential Zones
R1 General Residential
R2 Low Density Residential
R5 Large Lot Residential
Business Zones
B1 Neighbourhood Centre
B2 Local Centre
B3 Commercial Core
B4 Mixed Use
B5 Business Development
B6 Enterprise Corridor
Industrial Zones
IN1 General Industrial
IN2 Light Industrial
IN4 Working Waterfront
Special Purpose Zones
SP2 Infrastructure
SP3 Tourist
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Environment Protection Zones
E1 National Parks and Nature Reserves
E2 Environmental Conservation
E3 Environmental Management
E4 Environmental Living
Waterway Zones
W2 Recreational Waterways
W3 Working Waterways
cl 2.1: Am 2015 (678), Sch 1 [1].
2.2   Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3   Zone objectives and Land Use Table
(1)  The Land Use Table at the end of this Part specifies for each zone—
(a)  the objectives for development, and
(b)  development that may be carried out without development consent, and
(c)  development that may be carried out only with development consent, and
(d)  development that is prohibited.
(2)  The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3)  In the Land Use Table at the end of this Part—
(a)  a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b)  a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4)  This clause is subject to the other provisions of this Plan.
Notes—
1   
Schedule 1 sets out additional permitted uses for particular land.
2   
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
3   
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4   
Clause 2.6 requires consent for subdivision of land.
5   
Part 5 contains other provisions which require consent for particular development.
2.4   Unzoned land
(1)  Development may be carried out on unzoned land only with development consent.
(2)  In deciding whether to grant development consent, the consent authority—
(a)  must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b)  must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5   Additional permitted uses for particular land
(1)  Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a)  with development consent, or
(b)  if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2)  This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6   Subdivision—consent requirements
(1)  Land to which this Plan applies may be subdivided, but only with development consent.
Notes—
1   
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2   
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
(2)  Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note—
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
2.7   Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note—
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
2.8   Temporary use of land
(1)  The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
(2)  Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.
(3)  Development consent must not be granted unless the consent authority is satisfied that—
(a)  the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b)  the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c)  the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d)  at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
(4)  Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
(5)  Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Land Use Table
Note—
A type of development referred to in the Land Use Table is a reference to that type of development only to the extent it is not regulated by an applicable State environmental planning policy. The following State environmental planning policies in particular may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Affordable Rental Housing) 2009 (including provision for secondary dwellings)
State Environmental Planning Policy (Infrastructure) 2007—relating to infrastructure facilities such as those that comprise, or are for, air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
Land Use Table: Am 2011 (363), Sch 10 [2]–[32]; 2014 (169), Sch 1 [1]–[3]; 2014 (490), Sch 1 [1]–[3]; 2015 (678), Sch 1 [2]; 2016 (553), Sch 1 [1]; 2017 (493), Sch 1.1 [1]; 2018 (488), Sch 1.1 [1]; 2018 (549), Sch 1 [1]–[13]; 2019 (137), Sch 6 [1]; 2019 (184), Sch 1 [1].
Zone RU1   Primary Production
1   Objectives of zone
  To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
  To encourage diversity in primary industry enterprises and systems appropriate for the area.
  To minimise the fragmentation and alienation of resource lands.
  To minimise conflict between land uses within this zone and land uses within adjoining zones.
  To permit small scale rural tourism uses associated with primary production and environmental conservation with minimal impact on primary production and the scenic amenity of the area.
  To maintain the rural landscape character of the land.
  To protect and enhance the native flora, fauna and biodiversity links.
  To secure a future for agriculture in the area by minimising the fragmentation of rural land and loss of potential agricultural productivity.
2   Permitted without consent
Extensive agriculture; Forestry; Home occupations; Intensive plant agriculture
3   Permitted with consent
Agriculture; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Camping grounds; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Correctional centres; Crematoria; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Helipads; Home-based child care; Home businesses; Home industries; Intensive livestock agriculture; Jetties; Marinas; Markets; Mooring pens; Moorings; Open cut mining; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Roads; Roadside stalls; Rural industries; Rural workers’ dwellings; Sewerage systems; Timber yards; Veterinary hospitals; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities
4   Prohibited
Livestock processing industries; Any other development not specified in item 2 or 3
Zone RU3   Forestry
1   Objectives of zone
  To enable development for forestry purposes.
  To enable other development that is compatible with forestry land uses.
2   Permitted without consent
Uses authorised under the Forestry Act 2012 or under Part 5B (Private native forestry) of the Local Land Services Act 2013
3   Permitted with consent
Aquaculture; Roads; Rural industries; Water recreation structures; Water supply systems
4   Prohibited
Any development not specified in item 2 or 3
Zone RU4   Primary Production Small Lots
1   Objectives of zone
  To enable sustainable primary industry and other compatible land uses.
  To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.
  To minimise conflict between land uses within this zone and land uses within adjoining zones.
2   Permitted without consent
Extensive agriculture; Forestry; Home occupations; Intensive plant agriculture
3   Permitted with consent
Agricultural produce industries; Agriculture; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Building identification signs; Business identification signs; Cellar door premises; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Farm buildings; Farm stay accommodation; Home-based child care; Home businesses; Home industries; Plant nurseries; Roads; Roadside stalls; Schools; Water supply systems
4   Prohibited
Any development not specified in item 2 or 3
Zone RU5   Village
1   Objectives of zone
  To provide for a range of land uses, services and facilities that are associated with a rural village.
  To promote businesses and neighbourhood activities that serve the needs of the local community.
  To enhance the village character and amenity.
  To minimise conflict between land uses within this zone and land uses within adjoining zones.
2   Permitted without consent
Home occupations
3   Permitted with consent
Amusement centres; Backpackers’ accommodation; Bed and breakfast accommodation; Boat building and repair facilities; Boat launching ramps; Boat sheds; Car parks; Charter and tourism boating facilities; Centre-based child care facilities; Commercial premises; Community facilities; Dual occupancies; Dwelling houses; Eco-tourist facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Function centres; Home-based child care; Home businesses; Home industries; Horticulture; Information and education facilities; Jetties; Marinas; Mooring pens; Moorings; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Schools; Secondary dwellings; Service stations; Shop top housing; Tank-based aquaculture; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Water supply systems
4   Prohibited
Pond-based aquaculture Specialised retail premises; Any other development not specified in item 2 or 3
Zone R1   General Residential
1   Objectives of zone
  To provide for the housing needs of the community.
  To provide for a variety of housing types and densities.
  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
2   Permitted without consent
Home occupations
3   Permitted with consent
Attached dwellings; Boarding houses; Centre-based child care facilities; Community facilities; Dwelling houses; Group homes; Home businesses; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Residential flat buildings; Respite day care centres; Restaurants or cafes; Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Air transport facilities; Airstrips; Agriculture; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Boat sheds; Camping grounds; Caravan parks; Charter and tourism boating facilities; Commercial premises; Correctional centres; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Home occupations (sex services); Industrial training facilities; Industries; Liquid fuel depots; Marinas; Mooring pens; Mortuaries; Passenger transport facilities; Public administration buildings; Recreation facilities (major); Registered clubs; Rural industries; Rural workers’ dwellings; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste disposal facilities; Waste or resource management facilities; Wharf or boating facilities
Zone R2   Low Density Residential
1   Objectives of zone
  To provide for the housing needs of the community within a low density residential environment.
  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
2   Permitted without consent
Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Boarding houses; Boat launching ramps; Boat sheds; Centre-based child care facilities; Dual occupancies; Dwelling houses; Group homes; Health consulting rooms; Home-based child care; Home businesses; Home industries; Jetties; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Schools; Tank-based aquaculture
4   Prohibited
Any development not specified in item 2 or 3
Zone R5   Large Lot Residential
1   Objectives of zone
  To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.
  To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.
  To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.
  To minimise conflict between land uses within this zone and land uses within adjoining zones.
2   Permitted without consent
Extensive agriculture; Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Dual occupancies (attached); Dwelling houses; Environmental protection works; Home-based child care; Home businesses; Home industries; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Roads; Tank-based aquaculture; Water supply systems
4   Prohibited
Any development not specified in item 2 or 3
Zone B1   Neighbourhood Centre
1   Objectives of zone
  To provide a range of small-scale retail, business and community uses which serve the needs of people who live and work in the surrounding neighbourhood.
  To allow residential and tourist and visitor accommodation above retail, business and office uses to bring a higher level of vibrancy to the centre.
  To strengthen the local community and support the role of the local centres.
2   Permitted without consent
Home occupations
3   Permitted with consent
Boarding houses; Business premises; Centre-based child care facilities; Community facilities; Home industries; Medical centres; Neighbourhood shops; Neighbourhood supermarkets; Oyster aquaculture; Respite day care centres; Roads; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Animal boarding or training establishments; Boat building and repair facilities; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Farm buildings; Forestry; Freight transport facilities; Funeral homes; Hardware and building supplies; Helipads; Home occupations (sex services); Industrial training facilities; Industries; Liquid fuel depots; Marinas; Mooring pens; Mortuaries; Pond-based aquaculture Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Rural industries; Sex services premises; Specialised retail premises; Timber yards; Transport depots; Truck depots; Vehicle repair stations; Vehicle sales or hire premises; Waste disposal facilities; Waste or resource management facilities; Wharf or boating facilities
Zone B2   Local Centre
1   Objectives of zone
  To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.
  To encourage employment opportunities in accessible locations.
  To maximise public transport patronage and encourage walking and cycling.
  To allow residential and tourist and visitor accommodation above retail, business and office uses to bring a higher level of vibrancy to the centre.
  To support the role of the Taree central business district.
  To ensure quality of design of buildings and public spaces to achieve a locality that is safe and accessible.
2   Permitted without consent
Home occupations
3   Permitted with consent
Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hostels; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Service stations; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Animal boarding or training establishments; Boat building and repair facilities; Camping grounds; Caravan parks; Cemeteries; Depots; Eco-tourist facilities; Electricity generating works; Farm buildings; Forestry; Freight transport facilities; Helipads; Home occupations (sex services); Industrial training facilities; Industries; Liquid fuel depots; Marinas; Mooring pens; Mortuaries; Pond-based aquaculture Recreation facilities (major); Recreation facilities (outdoor); Residential accommodation; Rural industries; Sex services premises; Transport depots; Truck depots; Vehicle repair stations; Waste disposal facilities; Waste or resource management facilities; Wharf or boating facilities
Zone B3   Commercial Core
1   Objectives of zone
  To provide a wide range of retail, business, office, entertainment, community and other suitable land uses which serve the needs of the local and wider community.
  To encourage appropriate employment opportunities in accessible locations.
  To maximise public transport patronage and encourage walking and cycling.
  To encourage residential accommodation above retail, business and office uses to bring a higher level of vibrancy to the centre.
  To reinforce the role of the Taree central business district as the major regional centre.
2   Permitted without consent
Home occupations
3   Permitted with consent
Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Animal boarding or training establishments; Bed and breakfast accommodation; Camping grounds; Caravan parks; Cemeteries; Depots; Eco-tourist facilities; Electricity generating works; Farm buildings; Forestry; Freight transport facilities; Home occupations (sex services); Industrial training facilities; Industries; Liquid fuel depots; Mortuaries; Pond-based aquaculture Recreation facilities (outdoor); Residential accommodation; Rural industries; Sex services premises; Transport depots; Truck depots; Vehicle repair stations; Waste disposal facilities; Waste or resource management facilities; Wharf or boating facilities
Zone B4   Mixed Use
1   Objectives of zone
  To provide a mixture of compatible land uses.
  To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.
2   Permitted without consent
Home occupations
3   Permitted with consent
Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Light industries; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Seniors housing; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Animal boarding or training establishments; Camping grounds; Caravan parks; Cemeteries; Depots; Eco-tourist facilities; Electricity generating works; Farm buildings; Forestry; Freight transport facilities; Home occupations (sex services); Industrial training facilities; Industries; Liquid fuel depots; Mortuaries; Pond-based aquaculture Rural industries; Rural workers’ dwellings; Sex services premises; Transport depots; Truck depots; Warehouse or distribution centres; Waste disposal facilities; Waste or resource management facilities; Wharf or boating facilities
Zone B5   Business Development
1   Objectives of zone
  To enable a mix of business and warehouse uses, and specialised retail premises that require a large floor area, in locations that are close to, and that support the viability of, centres.
  To enable commercial and retail uses that require a large floor area for handling, display or storage and maintain the economic strength of centres by limiting the retailing of food and clothing.
2   Permitted without consent
Nil
3   Permitted with consent
Centre-based child care facilities; Garden centres; Hardware and building supplies; Landscaping material supplies; Oyster aquaculture; Passenger transport facilities; Plant nurseries; Respite day care centres; Roads; Rural supplies; Specialised retail premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Animal boarding or training establishments; Boat building and repair facilities; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Depots; Eco-tourist facilities; Electricity generating works; Farm buildings; Forestry; Freight transport facilities; Home-based child care; Home occupations (sex services); Industrial training facilities; Industries; Liquid fuel depots; Marinas; Mooring pens; Mortuaries; Office premises; Places of public worship; Pond-based aquaculture Recreation facilities (major); Recreation facilities (outdoor); Residential accommodation; Retail premises; Rural industries; Sex services premises; Tourist and visitor accommodation; Transport depots; Truck depots; Waste disposal facilities; Waste or resource management facilities; Wharf or boating facilities
Zone B6   Enterprise Corridor
1   Objectives of zone
  To promote businesses along main roads and to encourage a mix of compatible uses.
  To provide a range of employment uses (including business, office, retail and light industrial uses).
  To maintain the economic strength of centres by limiting retailing activity.
  To provide for residential uses, but only as part of a mixed use development.
2   Permitted without consent
Home occupations
3   Permitted with consent
Backpackers’ accommodation; Business premises; Community facilities; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Kiosks; Landscaping material supplies; Light industries; Oyster aquaculture; Passenger transport facilities; Plant nurseries; Roads; Rural supplies; Shop top housing; Specialised retail premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Animal boarding or training establishments; Boat building and repair facilities; Camping grounds; Caravan parks; Cemeteries; Eco-tourist facilities; Electricity generating works; Farm buildings; Forestry; Home occupations (sex services); Industrial training facilities; Industries; Liquid fuel depots; Marinas; Mooring pens; Pond-based aquaculture Recreation facilities (outdoor); Registered clubs; Residential accommodation; Retail premises; Rural industries; Sex services premises; Tourist and visitor accommodation; Transport depots; Truck depots; Waste disposal facilities; Waste or resource management facilities; Wharf or boating facilities
Zone IN1   General Industrial
1   Objectives of zone
  To provide a wide range of industrial and warehouse land uses.
  To encourage employment opportunities.
  To minimise any adverse effect of industry on other land uses.
  To support and protect industrial land for industrial uses.
  To encourage innovation and sustainability in industry.
2   Permitted without consent
Nil
3   Permitted with consent
Depots; Freight transport facilities; Garden centres; General industries; Hardware and building supplies; Industrial training facilities; Kiosks; Landscaping material supplies; Light industries; Neighbourhood shops; Oyster aquaculture; Places of public worship; Plant nurseries; Roads; Rural industries; Service stations; Takeaway food and drink premises; Tank-based aquaculture; Timber yards; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Animal boarding or training establishments; Camping grounds; Caravan parks; Charter and tourism boating facilities; Eco-tourist facilities; Entertainment facilities; Farm buildings; Forestry; Function centres; Home-based child care; Hospitals; Information and education facilities; Marinas; Medical centres; Mooring pens; Office premises; Pond-based aquaculture Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Retail premises; Schools; Tourist and visitor accommodation; Wharf or boating facilities
Zone IN2   Light Industrial
1   Objectives of zone
  To provide a wide range of light industrial, warehouse and related land uses.
  To encourage employment opportunities and to support the viability of centres.
  To minimise any adverse effect of industry on other land uses.
  To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
  To support and protect industrial land for industrial uses.
  To encourage innovation and sustainability in industry.
2   Permitted without consent
Nil
3   Permitted with consent
Depots; Food and drink premises; Garden centres; Hardware and building supplies; Industrial training facilities; Landscaping material supplies; Light industries; Neighbourhood shops; Oyster aquaculture; Places of public worship; Plant nurseries; Roads; Rural industries; Rural supplies; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Animal boarding or training establishments; Camping grounds; Caravan parks; Charter and tourism boating facilities; Commercial premises; Eco-tourist facilities; Entertainment facilities; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industries; Home-based child care; Hospitals; Information and education facilities; Liquid fuel depots; Marinas; Mooring pens; Mortuaries; Pond-based aquaculture Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Schools; Tourist and visitor accommodation; Wharf or boating facilities
Zone IN4   Working Waterfront
1   Objectives of zone
  To retain and encourage waterfront industrial and maritime activities.
  To identify sites for maritime purposes and for activities that require direct waterfront access.
  To ensure that development does not have an adverse impact on the environmental and visual qualities of the foreshore.
  To encourage employment opportunities.
  To minimise any adverse effect of development on land uses in other zones.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; Boat building and repair facilities; Boat launching ramps; Food and drink premises; Garden centres; Hardware and building supplies; Jetties; Landscaping material supplies; Light industries; Plant nurseries; Roads; Rural supplies; Specialised retail premises; Timber yards; Vehicle sales or hire premises; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Animal boarding or training establishments; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Commercial premises; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Farm buildings; Forestry; Function centres; Home-based child care; Hospitals; Industries; Mooring pens; Mortuaries; Places of public worship; Recreation facilities (indoor); Recreation facilities (major); Residential accommodation; Respite day care centres; Rural industries; Schools; Sex services premises; Tourist and visitor accommodation; Truck depots; Waste disposal facilities; Waste or resource management facilities; Wharf or boating facilities
Zone SP2   Infrastructure
1   Objectives of zone
  To provide for infrastructure and related uses.
  To prevent development that is not compatible with or that may detract from the provision of infrastructure.
  To encourage a range of airport-related uses within the Taree Airport.
2   Permitted without consent
Roads
3   Permitted with consent
Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
4   Prohibited
Any development not specified in item 2 or 3
Zone SP3   Tourist
1   Objectives of zone
  To provide for a variety of tourist-oriented development and related uses.
  To facilitate and encourage tourist-based development so as to increase the economic base within the City of Greater Taree.
  To provide employment opportunities in the tourism sector as part of a balanced growth strategy for the City.
  To facilitate the provision of limited permanent accommodation to improve off-season viability of tourist-based development.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; Business premises; Camping grounds; Car parks; Caravan parks; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Eco-tourist facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Food and drink premises; Function centres; Information and education facilities; Kiosks; Marinas; Mooring pens; Neighbourhood shops; Passenger transport facilities; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Tourist and visitor accommodation; Water recreation structures
4   Prohibited
Any development not specified in item 2 or 3
Zone RE1   Public Recreation
1   Objectives of zone
  To enable land to be used for public open space or recreational purposes.
  To provide a range of recreational settings and activities and compatible land uses.
  To protect and enhance the natural environment for recreational purposes.
  To provide for a range of educational, environmental, community and cultural uses for the benefit of the community.
2   Permitted without consent
Environmental protection works; Extensive agriculture; Flood mitigation works
3   Permitted with consent
Aquaculture; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Building identification signs; Camping grounds; Car parks; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Crematoria; Depots; Eco-tourist facilities; Educational establishments; Electricity generating works; Emergency services facilities; Entertainment facilities; Environmental facilities; Extractive industries; Function centres; Helipads; Information and education facilities; Jetties; Kiosks; Marinas; Markets; Mooring pens; Passenger transport facilities; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Restaurants or cafes; Roads; Sewage treatment plants; Waste or resource management facilities; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities
4   Prohibited
Any development not specified in item 2 or 3
Zone RE2   Private Recreation
1   Objectives of zone
  To enable land to be used for private open space or recreational purposes.
  To provide a range of recreational settings and activities and compatible land uses.
  To protect and enhance the natural environment for recreational purposes.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Car parks; Charter and tourism boating facilities; Community facilities; Eco-tourist facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Function centres; Helipads; Kiosks; Pubs; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Restaurants or cafes; Roads; Water recreation structures
4   Prohibited
Any development not specified in item 2 or 3
Zone E1   National Parks and Nature Reserves
1   Objectives of zone
  To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.
  To enable uses authorised under the National Parks and Wildlife Act 1974.
  To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.
2   Permitted without consent
Uses authorised under the National Parks and Wildlife Act 1974
3   Permitted with consent
Nil
4   Prohibited
Any development not specified in item 2 or 3
Zone E2   Environmental Conservation
1   Objectives of zone
  To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
  To prevent development that could destroy, damage or otherwise have an adverse effect on those values.
2   Permitted without consent
Home occupations
3   Permitted with consent
Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Oyster aquaculture Roads
4   Prohibited
Business premises; Hotel or motel accommodation; Industries; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Rural industries; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Zone E3   Environmental Management
1   Objectives of zone
  To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.
  To provide for a limited range of development that does not have an adverse effect on those values.
2   Permitted without consent
Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Extensive agriculture; Farm buildings; Forestry; Oyster aquaculture; Pond-based aquaculture; Roads; Tank-based aquaculture
4   Prohibited
Industries; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Zone E4   Environmental Living
1   Objectives of zone
  To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.
  To ensure that residential development does not have an adverse effect on those values.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Dwelling houses; Home industries; Oyster aquaculture; Pond-based aquaculture; Roads; Tank-based aquaculture
4   Prohibited
Industries; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Zone W2   Recreational Waterways
1   Objectives of zone
  To protect the ecological, scenic and recreation values of recreational waterways.
  To allow for water based recreation and related uses.
  To provide for sustainable fishing industries and recreational fishing.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Aquaculture; Boat sheds; Environmental facilities; Extractive industries; Kiosks; Marinas; Mooring pens; Water recreation structures
4   Prohibited
Industries; Multi dwelling housing; Residential flat buildings; Rural industries; Seniors housing; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Zone W3   Working Waterways
1   Objectives of zone
  To enable the efficient movement and operation of commercial shipping, water-based transport and maritime industries.
  To promote the equitable use of waterways, including appropriate recreational uses.
  To minimise impacts on ecological values arising from the active use of waterways.
  To provide for sustainable fishing industries.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Aquaculture; Boat building and repair facilities; Boat sheds; Environmental facilities; Extractive industries; Port facilities; Water recreation structures; Wharf or boating facilities
4   Prohibited
Any development not specified in item 2 or 3
Part 3 Exempt and complying development
3.1   Exempt development
(1)  The objective of this clause is to identify development of minimal environmental impact as exempt development.
(2)  Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
(3)  To be exempt development, the development—
(a)  must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and
(b)  must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c)  must not be designated development, and
(d)  must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
(4)  Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—
(a)  the building has a current fire safety certificate or fire safety statement, or
(b)  no fire safety measures are currently implemented, required or proposed for the building.
(5)  To be exempt development, the development must—
(a)  be installed in accordance with the manufacturer’s specifications, if applicable, and
(b)  not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.
(6)  A heading to an item in Schedule 2 is part of that Schedule.
3.2   Complying development
(1)  The objective of this clause is to identify development as complying development.
(2)  Development specified in Part 1 of Schedule 3 that is carried out in compliance with—
(a)  the development standards specified in relation to that development, and
(b)  the requirements of this Part,
is complying development.
Note—
See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances.
(3)  To be complying development, the development must—
(a)  be permissible, with development consent, in the zone in which it is carried out, and
(b)  meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c)  have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land, and
(ca)  not be on land in a heritage conservation area, and
(cb)  not be on land to which clause 7.2 applies, and
(cd)  not be on land to which clause 7.1 applies.
(4)  A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.
(5)  A heading to an item in Schedule 3 is part of that Schedule.
cl 3.2: Am 2011 (363), Sch 10 [33].
3.3   Environmentally sensitive areas excluded
(1)  Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
(2)  For the purposes of this clause—
environmentally sensitive area for exempt or complying development means any of the following—
(a)  the coastal waters of the State,
(b)  a coastal lake,
(c)  land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(d)  land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f)  land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g)  land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h)  land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(i)  land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j)  land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.
Part 4 Principal development standards
4.1   Minimum subdivision lot size
(1)  The objectives of this clause are as follows—
(a)  to encourage the efficient use of land and its resources,
(b)  to protect and enhance the built and natural environment of Greater Taree City,
(c)  to minimise any potential land conflicts.
(2)  This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
(3)  The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
(4)  This clause does not apply in relation to the subdivision of any land—
(a)  by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or
(b)  by any kind of subdivision under the Community Land Development Act 1989.
4.1AA   Minimum subdivision lot size for community title schemes
(1)  The objectives of this clause are as follows—
(a)  to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.
(2)  This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 1989 of land in any of the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU4 Primary Production Small Lots,
(c)  Zone R5 Large Lot Residential,
(d)  Zone E2 Environmental Conservation,
(e)  Zone E3 Environmental Management,
but does not apply to a subdivision by the registration of a strata plan.
(3)  The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 1989) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
(4)  This clause applies despite clause 4.1.
cl 4.1AA: Ins 2011 (363), Sch 10 [34].
4.1A   Subdivision of certain residential lots
Development consent must not be granted to the subdivision of the following land unless the consent authority is satisfied that each lot to be created by the subdivision will be connected to a reticulated water and sewerage system—
(a)  land in Zone RU5 Village,
(b)  land in Zone R5 Large Lot Residential that is shown on the Lot Size Map as having a minimum lot size of 4,000 square metres,
(c)  land in Zone R1 General Residential,
(d)  land in Zone R2 Low Density Residential.
4.1B   Exceptions to minimum subdivision lot sizes for certain split zones
(1)  The objectives of this clause are as follows—
(a)  to provide for the subdivision of lots that are within more than one zone but cannot be subdivided under clause 4.1,
(b)  to ensure that the subdivision occurs in a manner that promotes suitable land uses and development.
(2)  This clause applies to each lot (an original lot) that contains—
(a)  land in a residential, business or industrial zone, or Zone RU5 Village, and
(b)  land in Zone RU1 Primary Production, Zone RU4 Primary Production Small Lots, Zone E2 Environmental Conservation or Zone E3 Environmental Management.
(3)  Despite clause 4.1, development consent may be granted to subdivide an original lot to create other lots (the resulting lots) if—
(a)  one of the resulting lots will contain—
(i)  land in a residential, business or industrial zone, or Zone RU5 Village, that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and
(ii)  all of the land in Zone RU1 Primary Production, Zone RU4 Primary Production Small Lots, Zone E2 Environmental Conservation or Zone E3 Environmental Management that was in the original lot, and
(b)  all other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.
cl 4.1B: Ins 2014 (490), Sch 1 [4]. Am 2018 (549), Sch 1 [14].
4.1C   Exceptions to minimum subdivision lot size for land in Zone RU1 or E2
(1)  The objective of this clause is to improve the management of land affected by acid sulfate soils to achieve an environmental benefit.
(2)  This clause applies to each lot (an original lot) that contains—
(a)  land identified as “Bonus development area” on the Big Swamp Area Map (the Map), and
(b)  land identified as “Environmentally sensitive area” on the Map.
(3)  Despite clause 4.1, development consent may be granted for the subdivision of an original lot to create other lots (the resulting lots) if the consent authority is satisfied that—
(a)  if a resulting lot contains land identified as “Bonus development area” on the Map, it will contain at least 5 hectares of that land, and
(b)  if a resulting lot contains land identified as “Exclusion area” on the Map, that lot will also contain at least 5 hectares of land identified as “Bonus development area” on the Map, and
(c)  if a resulting lot contains land identified as “Environmentally sensitive area” on the Map, suitable arrangements have been, or will be, made for the conservation and management of that land.
(4)  Despite any other provision of this Plan, development consent may be granted for the erection of a dwelling house on land that has been subdivided under this clause if the land is identified as “Bonus development area” on the Map.
cl 4.1C: Ins 2017 (55), Sch 1 [1].
4.1D   Exceptions to minimum subdivision lot size for boundary adjustments
(1)  The objective of this clause is to facilitate changes to boundaries between lots where one or more resultant lots do not meet the minimum lot size, but the objectives of the relevant zone can be achieved.
(2)  This clause applies to land in the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU3 Forestry,
(c)  Zone RU4 Primary Production Small Lots,
(d)  Zone RU5 Village,
(e)  Zone R5 Large Lot Residential,
(f)  Zone E2 Environmental Conservation,
(g)  Zone E3 Environmental Management,
(h)  Zone E4 Environmental Living.
(3)  Despite clause 4.1(3), development consent may be granted to the subdivision of land to which this clause applies by way of a boundary adjustment between adjoining lots where one or more resultant lots do not meet the minimum lot size shown on the Lot Size Map in relation to that land if the consent authority is satisfied that—
(a)  the subdivision will not create additional lots, and
(b)  the number of dwellings or opportunities for dwellings on each lot after the subdivision will be the same as before the subdivision, and
(c)  the potential for land use conflict will not be increased as a result of the subdivision, and
(d)  if the land is in Zone RU1 Primary Production, Zone RU3 Forestry or Zone RU4 Primary Production Small Lots—the subdivision will not have a significant adverse effect on the agricultural viability of the land, and
(e)  if the land is in Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living—the subdivision will result in the continued protection and long-term maintenance of the land.
(4)  In determining whether to grant development consent for the subdivision of land under this clause, the consent authority must consider the following—
(a)  the existing uses and approved uses of other land in the vicinity of the subdivision,
(b)  whether the subdivision is likely to have a significant impact on land uses that are likely to be preferred and the predominant land uses in the vicinity of the development,
(c)  whether the subdivision is likely to be incompatible with a use of land in any adjoining zone,
(d)  whether the subdivision is appropriate having regard to the natural and physical constraints affecting the land,
(e)  whether the subdivision is likely to have an adverse impact on the environmental values of the land.
(5)  This clause does not apply—
(a)  in relation to the subdivision of individual lots in a strata plan or community title scheme, or
(b)  if the subdivision would create a lot that could itself be subdivided in accordance with clause 4.1.
(6)  Despite clause 4.2A, development consent may be granted for the erection of a dwelling house on land that, immediately before the adjustment of its boundaries under this clause, was a lot on which the erection of a dwelling house was permissible.
cl 4.1D: Ins 2018 (549), Sch 1 [15].
4.2   Rural subdivision
(1)  The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.
(2)  This clause applies to the following rural zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(baa)  Zone RU3 Forestry,
(c)  Zone RU4 Primary Production Small Lots,
(d)  Zone RU6 Transition.
(3)  Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.
(4)  However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.
(5)  A dwelling cannot be erected on such a lot.
Note—
A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).
4.2A   Erection of dwelling houses on land in certain rural and environmental protection zones
(1)  The objectives of this clause are as follows—
(a)  to minimise the introduction of unplanned rural residential development, and
(b)  to enable the replacement of lawfully erected dwelling houses in rural zones.
(2)  This clause applies to land in the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU3 Forestry,
(c)  Zone RU4 Primary Production Small Lots,
(d)  Zone E2 Environmental Conservation,
(e)  Zone E3 Environmental Management.
(3)  Development consent must not be granted for the erection of a dwelling house on a lot in a zone to which this clause applies, and on which no dwelling house has been legally erected, unless the lot is—
(a)  a lot that is at least the minimum lot size specified for that lot by the Lot Size Map, or
(b)  a lot created before this Plan commenced and on which the erection of a dwelling house was permissible immediately before that commencement, or
(c)  a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dwelling house would have been permissible immediately before that commencement, or
(d)  an existing holding.
Note—
A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.
(4)  Despite any other provision of this clause, development consent may be granted for the erection of a dwelling house on land in a zone to which this clause applies if—
(a)  there is, or there was in the 5 years before the commencement of this Plan, a lawfully erected dwelling house on the land and the dwelling house to be erected is intended only to replace the existing or previous dwelling house, or
(b)  the land would have been a lot or a holding referred to in subclause (3) had it not been affected by—
(i)  a minor realignment of its boundaries that did not create an additional lot, or
(ii)  a subdivision creating or widening a public road or public reserve or for another public purpose.
(5)  In this clause—
existing holding means—
(a)  all adjoining land, even if separated by a road or railway, held in the same ownership—
(i)  on 2 June 1967, and
(ii)  at the time of lodging a development application for the erection of a dwelling house under this clause, or
(b)  where a lot was not held in ownership with any other adjoining lot constituting part of any existing holding, the same lot, portion or parcel of land as it was on 2 June 1967.
Note—
The owner in whose ownership all the land is at the time the application is lodged need not be the same person as the owner in whose ownership all the land was on 2 June 1967.
cl 4.2A: Am 2011 (363), Sch 10 [35].
4.2B   Minimum subdivision lot size for strata subdivision of residential or tourist and visitor accommodation in certain zones
(1)  The objective of this clause is to ensure that land this clause applies to is not fragmented by subdivision that would create additional dwelling entitlements.
(2)  This clause applies to the subdivision of land—
(a)  under a strata title scheme, and
(b)  that requires development consent, and
(c)  in Zone RU1 Primary Production, Zone RU4 Primary Production Small Lots, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation or Zone E3 Environmental Management, and
(d)  that is being used, or is proposed to be used, for the purpose of residential accommodation or tourist and visitor accommodation, and
(e)  carried out after the commencement of this Plan.
Note—
See note 2 to clause 2.6(1).
(3)  The size of each lot resulting from the subdivision must not to be less than the minimum size shown on the Lot Size Map in relation to that land.
cl 4.2B: Am 2011 (363), Sch 10 [35]–[37].
4.2C   Erection of dual occupancies in Zone RU1
(1)  The objective of this clause is to ensure that development is compatible with the primary production potential, rural character and environmental capabilities of the land.
(2)  Development consent must not be granted to development for the purpose of a dual occupancy on land in Zone RU1 Primary Production unless the consent authority is satisfied that—
(a)  the development will not impair the use of the land for agriculture or rural industries, and
(b)  any dwellings will be situated within 100 metres of each other, and
(c)  the land is physically suitable for the development, and
(d)  the land is capable of accommodating the on-site disposal and management of sewage for the development, and
(e)  each dwelling will use the same vehicular access to and from a public road and share a common fire break, and
(f)  the dwellings will not have an adverse impact on the scenic amenity or character of the rural environment, and
(g)  the development will not have an adverse impact on any riparian areas or on the supply of water to adjoining land.
(3)  Development consent must not be granted to development for the purpose of a dual occupancy on land in Zone RU1 Primary Production unless development consent for the erection of a dwelling house on that land may be granted in accordance with clause 4.2A.
cl 4.2C: Ins 2019 (184), Sch 1 [2].
4.3   Height of buildings
(1)  The objectives of this clause are as follows—
(a)  to ensure that the height of a building is appropriate for the site,
(b)  to ensure that the height of a building complements the streetscape or rural character of the area in which the building is constructed.
(2)  The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
4.4   Floor space ratio
(1)  The objectives of this clause are as follows—
(a)  to ensure that the density, bulk and scale of development is appropriate for a site,
(b)  to ensure that the density, bulk and scale of development integrates with the streetscape and character of the area in which the development is located.
(2)  The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
4.5   Calculation of floor space ratio and site area
(1) Objectives The objectives of this clause are as follows—
(a)  to define floor space ratio,
(b)  to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—
(i)  prevent the inclusion in the site area of an area that has no significant development being carried out on it, and
(ii)  prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and
(iii)  require community land and public places to be dealt with separately.
(2) Definition of “floor space ratio” The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.
(3) Site area In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be—
(a)  if the proposed development is to be carried out on only one lot, the area of that lot, or
(b)  if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.
In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.
(4) Exclusions from site area The following land must be excluded from the site area—
(a)  land on which the proposed development is prohibited, whether under this Plan or any other law,
(b)  community land or a public place (except as provided by subclause (7)).
(5) Strata subdivisions The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.
(6) Only significant development to be included The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.
(7) Certain public land to be separately considered For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.
(8) Existing buildings The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.
(9) Covenants to prevent “double dipping” When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.
(10) Covenants affect consolidated sites If—
(a)  a covenant of the kind referred to in subclause (9) applies to any land (affected land), and
(b)  proposed development relates to the affected land and other land that together comprise the site of the proposed development,
the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.
(11) Definition In this clause, public place has the same meaning as it has in the Local Government Act 1993.
4.6   Exceptions 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 Planning Secretary has been obtained.
(5)  In deciding whether to grant concurrence, the Planning Secretary 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 Planning Secretary before granting concurrence.
(6)  Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, RU2 Rural Landscape, RU3 Forestry, RU4 Primary Production Small Lots, RU6 Transition, R5 Large Lot Residential, E2 Environmental Conservation, E3 Environmental Management or E4 Environmental Living if—
(a)  the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or
(b)  the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.
Note—
When this Plan was made it did not include Zone RU2 Rural Landscape, Zone RU6 Transition or Zone E4 Environmental Living.
(7)  After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).
(8)  This clause does not allow development consent to be granted for development that would contravene any of the following—
(a)  a development standard for complying development,
(b)  a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,
(c)  clause 5.4,
(ca)  clauses 6.1 and 6.2.
cl 4.6: Am 2011 (363), Sch 10 [38] [39].
Part 5 Miscellaneous provisions
5.1   Relevant acquisition authority
(1)  The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note—
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2)  The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
Type of land shown on Map
Authority of the State
Zone RE1 Public Recreation and marked “Local open space”
Council
Zone RE1 Public Recreation and marked “Regional open space”
The corporation constituted under section 2.5 of the Act
Zone SP2 Infrastructure and marked “Classified road”
Roads and Maritime Services
Zone E1 National Parks and Nature Reserves and marked “National Park”
Minister administering the National Parks and Wildlife Act 1974
Zone E2 Environmental Conservation and marked “Coastal lands acquisition”
The corporation constituted under section 8 of the Act
Zone SP2 Infrastructure and marked “Public carpark”
Council
Land marked “Local road”
Council
(3)  Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
5.2   Classification and reclassification of public land
(1)  The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.
Note—
Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads and certain Crown land). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.
(2)  The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
(3)  The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.
(4)  The public land described in Part 1 of Schedule 4—
(a)  does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b)  continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.
(5)  The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except—
(a)  those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and
(b)  any reservations that except land out of the Crown grant relating to the land, and
(c)  reservations of minerals (within the meaning of the Crown Land Management Act 2016).
Note—
In accordance with section 30(2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.
5.3   Development near zone boundaries
(1)  The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.
(2)  This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 100 metres for land in Zone RU1 Primary Production, Zone RU3 Forestry and Zone RU4 Primary Production Small Lots, and in all other cases the relevant distance is 20 metres.
(3)  This clause does not apply to—
(a)  land in Zone RE1 Public Recreation, Zone E1 National Parks and Nature Reserves, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone W1 Natural Waterways, or
(b)  land within the coastal zone, or
(c)  land proposed to be developed for the purpose of sex services or restricted premises.
(4)  Despite the provisions of this Plan relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—
(a)  the development is not inconsistent with the objectives for development in both zones, and
(b)  the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.
(5)  This clause does not prescribe a development standard that may be varied under this Plan.
cl 5.3: Am 2011 (363), Sch 10 [35].
5.4   Controls relating to miscellaneous permissible uses
(1) Bed and breakfast accommodation If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.
Note—
Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.
(2) Home businesses If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 30 square metres of floor area.
(3) Home industries If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 50 square metres of floor area.
(4) Industrial retail outlets If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed—
(a)  25% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or
(b)  400 square metres,
whichever is the lesser.
(5) Farm stay accommodation If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 5 bedrooms.
(6) Kiosks If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 40 square metres.
(7) Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 80 square metres.
(7AA) Neighbourhood supermarkets If development for the purposes of a neighbourhood supermarket is permitted under this Plan, the gross floor area must not exceed 1,000 square metres.
(8) Roadside stalls If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 10 square metres.
(9) Secondary dwellings If development for the purposes of a secondary dwelling is permitted under this Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater—
(a)  60 square metres,
(b)  43% of the total floor area of the principal dwelling.
(10) Artisan food and drink industry exclusion If development for the purposes of an artisan food and drink industry is permitted under this Plan in an industrial or rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed—
(a)  25% of the gross floor area of the industry, or
(b)  400 square metres,
whichever is the lesser.
cl 5.4: Am 2011 (363), Sch 10 [40] [41]; 2018 (406), Sch 1.56 [1] [2].
5.5   (Repealed)
5.6   Architectural roof features
[Not adopted]
5.7   Development below mean high water mark
(1)  The objective of this clause is to ensure appropriate environmental assessment for development carried out on land covered by tidal waters.
(2)  Development consent is required to carry out development on any land below the mean high water mark of any body of water subject to tidal influence (including the bed of any such water).
5.8   Conversion of fire alarms
(1)  This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
(2)  The following development may be carried out, but only with development consent—
(a)  converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,
(b)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.
(3)  Development to which subclause (2) applies is complying development if it consists only of—
(a)  internal alterations to a building, or
(b)  internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.
(4)  A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.
(5)  In this clause—
private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.
5.9, 5.9AA   (Repealed)
5.10   Heritage conservation
Note—
Heritage items (if any) are listed and described in Schedule 5. Heritage conservation areas (if any) are shown on the Heritage Map as well as being described in Schedule 5.
(1) Objectives The objectives of this clause are as follows—
(a)  to conserve the environmental heritage of Greater Taree City,
(b)  to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,
(c)  to conserve archaeological sites,
(d)  to conserve Aboriginal objects and Aboriginal places of heritage significance.
(2) Requirement for consent Development consent is required for any of the following—
(a)  demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance)—
(i)  a heritage item,
(ii)  an Aboriginal object,
(iii)  a building, work, relic or tree within a heritage conservation area,
(b)  altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item,
(c)  disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,
(d)  disturbing or excavating an Aboriginal place of heritage significance,
(e)  erecting a building on land—
(i)  on which a heritage item is located or that is within a heritage conservation area, or
(ii)  on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,
(f)  subdividing land—
(i)  on which a heritage item is located or that is within a heritage conservation area, or
(ii)  on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.
(3) When consent not required However, development consent under this clause is not required if—
(a)  the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development—
(i)  is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and
(ii)  would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or
(b)  the development is in a cemetery or burial ground and the proposed development—
(i)  is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and
(ii)  would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or
(c)  the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or
(d)  the development is exempt development.
(4) Effect of proposed development on heritage significance The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).
(5) Heritage assessment The consent authority may, before granting consent to any development—
(a)  on land on which a heritage item is located, or
(b)  on land that is within a heritage conservation area, or
(c)  on land that is within the vicinity of land referred to in paragraph (a) or (b),
require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.
(6) Heritage conservation management plans The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.
(7) Archaeological sites The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies)—
(a)  notify the Heritage Council of its intention to grant consent, and
(b)  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.
(8) Aboriginal places of heritage significance The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance—
(a)  consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and
(b)  notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.
(9) Demolition of nominated State heritage items The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item—
(a)  notify the Heritage Council about the application, and
(b)  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.
(10) Conservation incentives The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that—
(a)  the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and
(b)  the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and
(c)  the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and
(d)  the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and
(e)  the proposed development would not have any significant adverse effect on the amenity of the surrounding area.
5.11   Bush fire hazard reduction
Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without development consent.
Note—
The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.
5.12   Infrastructure development and use of existing buildings of the Crown
(1)  This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under State Environmental Planning Policy (Infrastructure) 2007.
(2)  This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
5.13   Eco-tourist facilities
(1)  The objectives of this clause are as follows—
(a)  to maintain the environmental and cultural values of land on which development for the purposes of eco-tourist facilities is carried out,
(b)  to provide for sensitively designed and managed eco-tourist facilities that have minimal impact on the environment both on and off-site.
(2)  This clause applies if development for the purposes of an eco-tourist facility is permitted with development consent under this Plan.
(3)  The consent authority must not grant consent under this Plan to carry out development for the purposes of an eco-tourist facility unless the consent authority is satisfied that—
(a)  there is a demonstrated connection between the development and the ecological, environmental and cultural values of the site or area, and
(b)  the development will be located, constructed, managed and maintained so as to minimise any impact on, and to conserve, the natural environment, and
(c)  the development will enhance an appreciation of the environmental and cultural values of the site or area, and
(d)  the development will promote positive environmental outcomes and any impact on watercourses, soil quality, heritage and indigenous flora and fauna will be minimal, and
(e)  the site will be maintained (or regenerated where necessary) to ensure the continued protection of natural resources and enhancement of the natural environment, and
(f)  waste generation during construction and operation will be avoided and that any waste will be appropriately removed, and
(g)  the development will be located to avoid visibility above ridgelines and against escarpments and from watercourses and that any visual intrusion will be minimised through the choice of design, colours materials and landscaping with local indigenous flora, and
(h)  any infrastructure services to the site will be provided without significant modification to the environment, and
(i)  any power and water to the site will, where possible, be provided through the use of passive heating and cooling, renewable energy sources and water efficient design, and
(j)  the development will not adversely affect the agricultural productivity of adjoining land, and
(k)  the following matters are addressed or provided for in a management strategy for minimising any impact on the natural environment—
(i)  measures to remove any threat of serious or irreversible environmental damage,
(ii)  the maintenance (or regeneration where necessary) of habitats,
(iii)  efficient and minimal energy and water use and waste output,
(iv)  mechanisms for monitoring and reviewing the effect of the development on the natural environment,
(v)  maintaining improvements on an on-going basis in accordance with relevant ISO 14000 standards relating to management and quality control.
cl 5.13: Ins 2011 (363), Sch 10 [43]. Subst 2014 (169), Sch 1 [4].
5.14   Siding Spring Observatory—maintaining dark sky
[Not adopted]
5.15   Defence communications facility
[Not adopted]
5.16   Subdivision of, or dwellings on, land in certain rural, residential or environment protection zones
(1)  The objective of this clause is to minimise potential land use conflict between existing and proposed development on land in the rural, residential or environment protection zones concerned (particularly between residential land uses and other rural land uses).
(2)  This clause applies to land in the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone RU3 Forestry,
(d)  Zone RU4 Primary Production Small Lots,
(e)  Zone RU6 Transition,
(f)  Zone R5 Large Lot Residential,
(g)  Zone E2 Environmental Conservation,
(h)  Zone E3 Environmental Management,
(i)  Zone E4 Environmental Living.
(3)  A consent authority must take into account the matters specified in subclause (4) in determining whether to grant development consent to development on land to which this clause applies for either of the following purposes—
(a)  subdivision of land proposed to be used for the purposes of a dwelling,
(b)  erection of a dwelling.
(4)  The following matters are to be taken into account—
(a)  the existing uses and approved uses of land in the vicinity of the development,
(b)  whether or not the development is likely to have a significant impact on land uses that, in the opinion of the consent authority, are likely to be preferred and the predominant land uses in the vicinity of the development,
(c)  whether or not the development is likely to be incompatible with a use referred to in paragraph (a) or (b),
(d)  any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c).
5.17   Artificial waterbodies in environmentally sensitive areas in areas of operation of irrigation corporations
[Not applicable]
5.18   Intensive livestock agriculture
(1)  The objectives of this clause are—
(a)  to ensure appropriate environmental assessment of development for the purpose of intensive livestock agriculture that is permitted with consent under this Plan, and
(b)  to provide for certain capacity thresholds below which development consent is not required for that development subject to certain restrictions as to location.
(2)  This clause applies if development for the purpose of intensive livestock agriculture is permitted with consent under this Plan.
(3)  In determining whether or not to grant development consent under this Plan to development for the purpose of intensive livestock agriculture, the consent authority must take the following into consideration—
(a)  the adequacy of the information provided in the statement of environmental effects or (if the development is designated development) the environmental impact statement accompanying the development application,
(b)  the potential for odours to adversely impact on the amenity of residences or other land uses within the vicinity of the site,
(c)  the potential for the pollution of surface water and ground water,
(d)  the potential for the degradation of soils,
(e)  the measures proposed to mitigate any potential adverse impacts,
(f)  the suitability of the site in the circumstances,
(g)  whether the applicant has indicated an intention to comply with relevant industry codes of practice for the health and welfare of animals,
(h)  the consistency of the proposal with, and any reasons for departing from, the environmental planning and assessment aspects of any guidelines for the establishment and operation of relevant types of intensive livestock agriculture published, and made available to the consent authority, by the Department of Primary Industries (within the Department of Industry) and approved by the Planning Secretary.
(4)  Despite any other provision of this Plan, development for the purpose of intensive livestock agriculture may be carried out without development consent if—
(a)  the development is of a type specified in subclause (5), and
(b)  the consent authority is satisfied that the development will not be located—
(i)  in an environmentally sensitive area, or
(ii)  within 100 metres of a natural watercourse, or
(iii)  in a drinking water catchment, or
(iv)  within 500 metres of any dwelling that is not associated with the development, or a residential zone, or
(v)  if the development is a poultry farm—within 500 metres of another poultry farm.
(5)  The following types of development are specified for the purposes of subclause (4)—
(a)  a cattle feedlot having a capacity to accommodate fewer than 50 head of cattle,
(b)  a goat feedlot having a capacity to accommodate fewer than 200 goats,
(c)  a sheep feedlot having a capacity to accommodate fewer than 200 sheep,
(d)  a pig farm having a capacity to accommodate fewer than 20 breeding sows, or fewer than 200 pigs (of which fewer than 20 may be breeding sows),
(e)  a dairy (restricted) having a capacity to accommodate fewer than 50 dairy cows,
(f)  a poultry farm having a capacity to accommodate fewer than 1,000 birds for meat or egg production (or both).
(6)  For the avoidance of doubt, subclause (4) does not apply to development that is prohibited or that may be carried out without development consent under this or any other environmental planning instrument.
(7)  In this clause—
environmentally sensitive area has the same meaning as in clause 1.5 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
residential zone means Zone RU4 Primary Production Small Lots, Zone RU5 Village, Zone RU6 Transition, Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5 Large Lot Residential, Zone B4 Mixed Use, Zone B6 Enterprise Corridor, Zone E3 Environmental Management or Zone E4 Environmental Living.
5.19   Pond-based, tank-based and oyster aquaculture
(1) Objectives The objectives of this clause are as follows—
(a)  to encourage sustainable oyster, pond-based and tank-based aquaculture in the State, namely, aquaculture development that uses, conserves and enhances the community’s resources so that the total quality of life now and in the future can be preserved and enhanced,
(b)  to set out the minimum site location and operational requirements for permissible pond-based and tank-based aquaculture development.
(2) Pond-based or tank-based aquaculture—matters of which consent authority must be satisfied before granting consent The consent authority must not grant development consent to carry out development for the purpose of pond-based aquaculture or tank-based aquaculture unless the consent authority is satisfied of the following—
(a)  that the development complies with the site location and operational requirements set out in Part 1 of Schedule 6 for the development,
(b)  in the case of—
(i)  pond-based aquaculture or tank-based aquaculture in Zone R1 General Residential, Zone R2 Low Density Residential or Zone R5 Large Lot Residential—that the development is for the purpose of small scale aquarium fish production, and
(ii)  pond-based aquaculture in Zone E3 Environmental Management or Zone E4 Environmental Living—that the development is for the purpose of extensive aquaculture, and
(iii)  tank-based aquaculture in Zone R3 Medium Density Residential, Zone E3 Environmental Management or Zone E4 Environmental Living—that the development is for the purpose of small scale aquarium fish production, and
(iv)  pond-based aquaculture or tank-based aquaculture in Zone W1 Natural Waterways, Zone W2 Recreational Waterways or Zone W3 Working Waterways—that the development will use waterways to source water.
(3)  The requirements set out in Part 1 of Schedule 6 are minimum requirements and do not limit the matters a consent authority is required to take into consideration under the Act or the conditions that it may impose on any development consent.
(4) Extensive pond-based aquaculture permitted without consent in certain zones Development for the purpose of pond-based aquaculture, that is also extensive aquaculture, may be carried out without development consent if—
(a)  the development is carried out in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots or Zone RU6 Transition, and
(b)  the development complies with the site location requirements and operational requirements set out in Part 2 of Schedule 6.
(5) Oyster aquaculture—additional matters that consent authority must consider in determining a development application In determining a development application for development for the purpose of oyster aquaculture, the consent authority must consider—
(a)  any provisions of any aquaculture industry development plan that are relevant to the subject of the development application, and
(b)  the NSW Oyster Industry Sustainable Aquaculture Strategy.
(6) Oyster aquaculture permitted without consent in priority oyster aquaculture areas Development for the purpose of oyster aquaculture may be carried out without development consent—
(a)  on land that is wholly within a priority oyster aquaculture area, or
(b)  on land that is partly within and partly outside a priority oyster aquaculture area, but only if the land outside the area is no more than 0.1 hectare in area.
(7) Definitions In this clause—
aquaculture industry development plan means an aquaculture industry development plan published under Part 6 of the Fisheries Management Act 1994.
extensive aquaculture has the same meaning as in the Fisheries Management (Aquaculture) Regulation 2017.
NSW Oyster Industry Sustainable Aquaculture Strategy means the third edition of the publication of that title, as published in 2016 by the Department of Primary Industries (within the Department of Industry).
priority oyster aquaculture area means an area identified as a priority oyster aquaculture area on a map referred to in Chapter 5.3 of the NSW Oyster Industry Sustainable Aquaculture Strategy, being a map a copy of which is held in the head office of the Department of Primary Industries (within the Department of Industry) and published on that Department’s website.
Part 6 Urban release areas
6.1   Arrangements for designated State public infrastructure
(1)  The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.
(2)  Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.
(3)  Subclause (2) does not apply to—
(a)  any lot identified in the certificate as a residue lot, or
(b)  any lot to be created by a subdivision of land that was the subject of a previous development consent granted in accordance with this clause, or
(c)  any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or
(d)  a subdivision for the purpose only of rectifying an encroachment on any existing lot.
(4)  This clause does not apply to land in an urban release area if all or any part of the land is in a special contributions area (as defined by section 7.1 of the Act).
cl 6.1: Am 2011 (363), Sch 10 [44]; 2019 (621), Sch 5[5].
6.2   Public utility infrastructure
(1)  Development consent must not be granted for development on land in an urban release area unless the Council 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 it is required.
(2)  This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.
6.3   Development control plan
(1)  The objective of this clause is to ensure that development on land in an urban release area occurs in a logical and cost-effective manner, in accordance with a staging plan and only after a development control plan that includes specific controls has been prepared for the land.
(2)  Development consent must not be granted for development on land in an urban release area unless a development control plan that provides for the matters specified in subclause (3) has been prepared for the land.
(3)  The development control plan must provide for all of the following—
(a)  a staging plan for the timely and efficient release of urban land making provision for necessary infrastructure and sequencing,
(b)  an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,
(c)  an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,
(d)  a network of passive and active recreational areas,
(e)  stormwater and water quality management controls,
(f)  amelioration of natural and environmental hazards, including bushfire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected,
(g)  detailed urban design controls for significant development sites,
(h)  measures to encourage higher density living around transport, open space and service nodes,
(i)  measures to accommodate and control appropriate neighbourhood commercial and retail uses,
(j)  suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.
(4)  Subclause (2) does not apply to any of the following development—
(a)  a subdivision for the purpose of a realignment of boundaries that does not create additional lots,
(b)  a subdivision of land if any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environmental protection purpose,
(c)  a subdivision of land in a zone in which the erection of structures is prohibited,
(d)  proposed development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the proposed development would be consistent with the objectives of the zone in which the land is situated.
6.4   Relationship between Part and remainder of Plan
A provision of this Part prevails over any other provision of this Plan to the extent of any inconsistency.
Part 7 Additional local provisions
7.1   Acid sulfate soils
(1)  The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.
(2)  Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.
Class of land shown on the Acid Sulfate Soils Map
Works
1
Any works.
2a
Works below the natural ground surface.
Works by which the watertable is likely to be lowered.
2b
Works other than ploughing below the natural ground surface.
Works by which the watertable is likely to be lowered.
3
Works more than 1 metre below the natural ground surface.
Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface.
4
Works more than 2 metres below the natural ground surface.
Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface.
5
Works within 500 metres of adjacent Class 1, 2a, 2b, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2a, 2b, 3 or 4 land.
(3)  Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.
(4)  Despite subclause (2), development consent is not required under this clause for the carrying out of works if—
(a)  a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and
(b)  the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.
(5)  Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—
(a)  emergency work, being the repair or replacement of the works of the public authority required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,
(b)  routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),
(c)  minor work, being work that costs less than $20,000 (other than drainage work).
(6)  Despite subclause (2), development consent is not required under this clause to carry out any works if—
(a)  the works involve the disturbance of less than 1 tonne of soil, and
(b)  the works are not likely to lower the watertable.
cl 7.1: Am 2014 (169), Sch 1 [5].
7.2   Flood planning
(1)  The objectives of this clause are as follows—
(a)  to minimise the flood risk to life and property associated with the use of land,
(b)  to allow development compatible with the land’s flood hazard, taking into account projected sea level rise,
(c)  to avoid significant adverse impacts on flood behaviour and the environment.
(2)  This clause applies to land at or below the flood planning level.
(3)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development—
(a)  is compatible with the flood hazard of the land, and
(b)  will not significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and
(c)  incorporates appropriate measures to manage risk to life from flood, and
(d)  will not significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and
(e)  will not be likely to result in unsustainable social and economic costs to the community as a consequence of flooding.
(4)  A word or expression used in this clause has the same meaning as it has in the NSW Government’s Floodplain Development Manual published in 2005, unless it is otherwise defined in this clause.
(5)  In this clause—
flood planning level means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metres freeboard.
cl 7.2: Am 2014 (169), Sch 1 [6] [7].
7.3   Earthworks
(1)  The objectives of this clause are as follows—
(a)  to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land,
(b)  to allow earthworks of a minor nature without separate development consent.
(2)  Development consent is required for earthworks unless—
(a)  the work is exempt development under this Plan or another applicable environmental planning instrument, or
(b)  the work is ancillary to other development for which development consent has been given.
(3)  Before granting development consent for earthworks, the consent authority must consider the following matters—
(a)  the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality,
(b)  the effect of the proposed development on the likely future use or redevelopment of the land,
(c)  the quality of the fill or the soil to be excavated, or both,
(d)  the effect of the proposed development on the existing and likely amenity of adjoining properties,
(e)  the source of any fill material and the destination of any excavated material,
(f)  the likelihood of disturbing relics,
(g)  proximity to and potential for adverse impacts on any watercourse, drinking water catchment or environmentally sensitive area.
Note—
The National Parks and Wildlife Act 1974, particularly section 86, deals with disturbing or excavating land and Aboriginal objects.
7.4   Airspace operations
(1)  The objectives of this clause are as follows—
(a)  to provide for the effective and ongoing operation of the Taree Airport by ensuring that such operation is not compromised by proposed development that penetrates the Limitation or Operations Surface for that airport,
(b)  to protect the community from undue risk from that operation.
(2)  If a development application is received and the consent authority is satisfied that the proposed development will penetrate the Limitation or Operations Surface, the consent authority must not grant development consent unless it has consulted with the relevant Commonwealth body about the application.
(3)  The consent authority may grant development consent for the development if the relevant Commonwealth body advises that—
(a)  the development will penetrate the Limitation or Operations Surface but it has no objection to its construction, or
(b)  the development will not penetrate the Limitation or Operations Surface.
(4)  The consent authority must not grant development consent for the development if the relevant Commonwealth body advises that the development will penetrate the Limitation or Operations Surface and should not be constructed.
(5)  In this clause—
Limitation or Operations Surface means the Obstacle Limitation Surface or the Procedures for Air Navigation Services Operations Surface as shown on the Obstacle Limitation Surface Map or the Procedures for Air Navigation Services Operations Surface Map for the Taree Airport.
relevant Commonwealth body means the body, under Commonwealth legislation, that is responsible for development approvals for development that penetrates the Limitation or Operations Surface for the Taree Airport.
cll 7.4, 7.5: Subst 2014 (169), Sch 1 [8].
7.5   Development in areas subject to aircraft noise
(1)  The objectives of this clause are as follows—
(a)  to prevent certain noise sensitive developments from being located near the Taree Airport and its flight paths,
(b)  to assist in minimising the impact of aircraft noise from that airport and its flight paths by requiring appropriate noise attenuation measures in noise sensitive buildings,
(c)  to ensure that land use and development in the vicinity of that airport do not hinder or have any other adverse impacts on the ongoing, safe and efficient operation of that airport.
(2)  This clause applies to development that—
(a)  is on land that—
(i)  is near the Taree Airport, and
(ii)  is in an ANEF contour of 20 or greater, and
(b)  the consent authority considers is likely to be adversely affected by aircraft noise.
(3)  Before determining a development application for development to which this clause applies, the consent authority—
(a)  must consider whether the development will result in an increase in the number of dwellings or people affected by aircraft noise, and
(b)  must consider the location of the development in relation to the criteria set out in Table 2.1 (Building Site Acceptability Based on ANEF Zones) in AS 2021—2000, and
(c)  must be satisfied the development will meet the indoor design sound levels shown in Table 3.3 (Indoor Design Sound Levels for Determination of Aircraft Noise Reduction) in AS 2021—2000.
(4)  In this clause—
ANEF contour means a noise exposure contour shown as an ANEF contour on the Noise Exposure Forecast Contour Map for the Taree Airport prepared by the Department of the Commonwealth responsible for airports.
AS 2021—2000 means AS 2021—2000, Acoustics—Aircraft noise intrusion—Building siting and construction.
cll 7.4, 7.5: Subst 2014 (169), Sch 1 [8].
7.6   Development on land proposed to be acquired by the Council
(1)  The objective of this clause is to ensure that land identified for acquisition by the Council may continue to be developed before acquisition in a way that does not unreasonably increase the cost of acquisition.
(2)  Development consent must not be granted for development on land identified on the Land Reservation Acquisition Map as being for acquisition by the Council under clause 5.1 unless the consent authority has considered the following matters—
(a)  the need to carry out the development on the land,
(b)  the imminence of acquisition of the land,
(c)  the likely additional cost of acquisition because the development was carried out.
(3)  Every subdivision containing land reserved for the purpose of a local road must provide for the opening of the road generally conforming to the local road reservation.
7.7   Development for farm stay accommodation
(1)  This clause applies to land in Zone RU1 Primary Production and Zone RU4 Primary Production Small Lots.
(2)  Development consent must not be granted for development for the purpose of farm stay accommodation on land to which this clause applies unless a dwelling is permitted to be erected on that land under clause 4.2A(3).
cl 7.7: Am 2011 (363), Sch 10 [35].
7.8   Subdivision of land at Brimbin in Zone RU4
(1)  The objectives of this clause are as follows—
(a)  to permit the clustered development of small-scale agricultural and horticultural enterprises on common land,
(b)  to maximise provision of land for intensive sustainable agriculture,
(c)  to protect and enhance rural landscapes,
(d)  to provide for a range of rural land uses that do not adversely affect surrounding land uses,
(e)  to maximise efficient servicing of lots containing residences,
(f)  to prevent the fragmentation of rural areas.
(2)  This clause applies to land shown coloured red and labelled “Clause 7.8” on the Key Sites Map.
(3)  Despite clauses 4.1, 4.1AA and 4.2B, development consent may be granted for the community title subdivision of land to which this clause applies to create lots of any size but only if the consent authority is satisfied that the development would be consistent with—
(a)  the objectives of this clause, and
(b)  a development control plan prepared specifically for the site.
cll 7.8, 7.9: Ins 2015 (678), Sch 1 [3].
7.9   Subdivision of land at Brimbin in Zone E4
(1)  The objectives of this clause are as follows—
(a)  to permit the clustered development of dwellings to allow for management of high conservation value lands,
(b)  to protect and enhance natural landscapes,
(c)  to prevent the fragmentation of high conservation value land.
(2)  This clause applies to land shown coloured red and labelled “Clause 7.9” on the Key Sites Map.
(3)  Despite clauses 4.1, 4.1AA and 4.2B, development consent may be granted for the subdivision of land to which this clause applies to create lots of any size but only if the consent authority is satisfied that—
(a)  the development would be consistent with the objectives of this clause and a development control plan prepared specifically for the site, and
(b)  suitable arrangements have been or will be made for the management of the land.
cll 7.8, 7.9: Ins 2015 (678), Sch 1 [3].
7.10   Use of land at 10, 34 and 44 Emerton Close, Cundletown
(1)  The objective of this clause is to provide for the development of a freight hub, being development that primarily transports goods, including any supporting development that solely supports the freight hub, such as a kiosk.
(2)  This clause applies to land at 10, 34 and 44 Emerton Close, Cundletown, being Lot 17, DP 856622 and Lots 44 and 46, DP 1191326 (the freight hub).
(3)  Before granting development consent for development on land to which this clause applies, the consent authority must consider the following matters—
(a)  whether the proposed development is likely to adversely affect the establishment and ongoing operation of a freight hub,
(b)  whether the development is likely to have any adverse impacts on the surrounding rural interface and residential community,
(c)  whether the development has been designed to minimise any adverse visual impact when viewed from the Pacific Highway and Princes Street.
cl 7.10: Ins 2016 (553), Sch 1 [2].
7.11   Essential services
Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the development are available or that adequate arrangements have been made to make them available when required—
(a)  the supply of water,
(b)  the supply of electricity,
(c)  the disposal and management of sewage,
(d)  stormwater drainage or on-site conservation,
(e)  suitable road access.
cll 7.11, 7.12: Ins 2018 (549), Sch 1 [16].
7.12   Events permitted without development consent
(1)  The objective of this clause is to provide for the temporary use of public reserves and public roads for exhibitions, meetings, concerts or events.
(2)  Despite any other provision of this Plan, development (including any associated temporary structures) for the purpose of a temporary event may be carried out on a public reserve or public road without development consent.
Note—
Other approvals may be required, and must be obtained, under other Acts, including the Local Government Act 1993, the Roads Act 1993 and the Crown Land Management Act 2016.
(3)  Part 2 of State Environmental Planning Policy (Miscellaneous Consent Provisions) 2007 does not apply to development to which this clause applies.
(4)  In this clause—
public reserve has the same meaning as in the Local Government Act 1993.
temporary event means an exhibition, meeting, concert or other event that is open to the public for which land is used for a period of not more than 52 days (whether or not consecutive) in any period of 12 months.
cll 7.11, 7.12: Ins 2018 (549), Sch 1 [16].
Schedule 1 Additional permitted uses
(Clause 2.5)
1   Use of particular land at Pacific Highway, Glenthorne
(1)  This clause applies to land at Pacific Highway, Glenthorne being Lot 16, DP 835273, Lot 14, DP 862813 and Lot 53, DP 863972.
(2)  Development as a highway service centre is permitted with development consent.
2   Use of particular land at Grangewood Avenue, Tallwoods Village, Hallidays Point
(1)  This clause applies to land at Grangewood Avenue, Tallwoods Village, Hallidays Point, being Lot 895, DP 1079140.
(2)  Development for the purposes of multi dwelling housing comprising a maximum of 37 units is permitted with development consent.
3   Use of particular dwelling at The Bucketts Way, Taree South
(1)  This clause applies to land at The Bucketts Way, Taree South, that is in the RE2 Private Recreation Zone and is part of Lot 53, DP 836998.
(2)  Development for the purposes of a dwelling house, to be used as a manager’s residence in conjunction with the existing landscaped garden, is permitted with development consent.
4   Use of particular land identified as Area 1 on the Additional Uses Map
(1)  This clause applies to land identified as Area 1 on the Additional Uses Map.
(2)  Development for the purposes of residential accommodation is permitted with development consent if—
(a)  the total gross floor area of the development does not exceed 30% of the total gross floor area of all buildings used for the purposes of tourist and visitor accommodation in Area 1, and
(b)  there are existing recreation facilities (indoor) or recreation facilities (outdoor) in Area 1, and
(c)  the consent authority is satisfied that there is a need for residential accommodation to ensure—
(i)  the safety, security and viability of tourist and visitor accommodation through the off-season, and
(ii)  the retention of local employment through the off-season.
5   Use of particular land identified as Area 2 on the Additional Uses Map
(1)  This clause applies to land identified as Area 2 on the Additional Uses Map.
(2)  Development for the purposes of residential accommodation is permitted with development consent if—
(a)  the total gross floor area of the development does not exceed 30% of the total gross floor area of all buildings used for the purposes of tourist and visitor accommodation in Area 2, and
(b)  there are existing recreation facilities (indoor) or recreation facilities (outdoor) in Area 2, and
(c)  the consent authority is satisfied that there is a need for residential accommodation to ensure—
(i)  the safety, security and viability of tourist and visitor accommodation through the off-season, and
(ii)  the retention of local employment through the off-season.
6   Use of particular land identified as Area 3 on the Additional Uses Map
(1)  This clause applies to land identified as Area 3 on the Additional Uses Map.
(2)  Development for the purposes of residential accommodation is permitted with development consent if—
(a)  the total gross floor area of the development does not exceed 30% of the total gross floor area of all buildings used for the purposes of tourist and visitor accommodation in Area 3, and
(b)  there are existing recreation facilities (indoor) or recreation facilities (outdoor) in Area 3, and
(c)  the consent authority is satisfied that there is a need for residential accommodation to ensure—
(i)  the safety, security and viability of tourist and visitor accommodation through the off-season, and
(ii)  the retention of local employment through the off-season.
7   Use of particular land identified as Area 4 on the Additional Uses Map
(1)  This clause applies to land identified as Area 4 on the Additional Uses Map.
(2)  Development for the purposes of residential accommodation is permitted with development consent if—
(a)  the total gross floor area of the development does not exceed 30% of the total gross floor area of all buildings used for the purposes of tourist and visitor accommodation in Area 4, and
(b)  there are existing recreation facilities (indoor) or recreation facilities (outdoor) in Area 4, and
(c)  the consent authority is satisfied that there is a need for residential accommodation to ensure—
(i)  the safety, security and viability of tourist and visitor accommodation through the off-season, and
(ii)  the retention of local employment through the off-season.
8   Use of particular land identified as Area 5 on the Additional Uses Map
(1)  This clause applies to land identified as Area 5 on the Additional Uses Map.
(2)  Development for the purposes of residential accommodation is permitted with development consent if—
(a)  the total gross floor area of the development does not exceed 30% of the total gross floor area of all buildings used for the purposes of tourist and visitor accommodation in Area 5, and
(b)  there are existing recreation facilities (indoor) or recreation facilities (outdoor) in Area 5, and
(c)  the consent authority is satisfied that there is a need for residential accommodation to ensure the following—
(i)  the safety, security and viability of tourist and visitor accommodation during the off-season,
(ii)  the retention of local employment during the off-season.
sch 1: Am 2014 (169), Sch 1 [9] [10]; 2018 (142), Sch 1 [1] [2]; 2020 (20), cl 5.
Schedule 2 Exempt development
(Clause 3.1)
Note 1—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2—
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
Boundary adjustments
(1)  Must not create any additional lots.
(2)  Must not change the area of any lot by more than 5%.
(3)  If located on bush fire prone land that could be lawfully used for residential or rural residential purposes, must have a bush fire safety authority under the Rural Fires Act 1997.
Bus shelters (other than by or for the Council)
(1)  Must be structurally adequate.
(2)  Must not obstruct the line of sight for vehicular traffic.
(3)  Maximum height above the footpath level (existing)—3m.
(4)  Maximum area—10m2.
(5)  Must have non-reflective surface finishes.
(6)  Must not obstruct pedestrian traffic.
(7)  Access must not include any steps or grades greater than 1:14.
(8)  Must reflect the character and amenity of the area.
(9)  Must not include advertising.
(10)  Must not restrict visibility of incoming buses.
Dams (rural zones and Zone R5)
(1)  Maximum embankment fill batter grades—1 (vertical):2.5 (horizontal).
(2)  Minimum distance from property boundary at closest point—10m.
(3)  Minimum fill embankment crest width—3m.
(4)  Minimum height difference between the embankment crest level and the spillway level—1m.
(5)  Maximum fill embankment height, as measured from ground level (existing) immediately down slope of the embankment to the top of the embankment crest level—3m.
(6)  Trees must not be removed or damaged by dam construction.
(7)  Must not be in any area identified on the Acid Sulfate Soils Map.
(8)  Maximum capacity of water storage—3ML.
(9)  Must not be constructed in a watercourse.
Demolition
(1)  Must be the demolition of development that would be exempt development under this Schedule.
(2)  Must not be, or be on, a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area.
(3)  Must comply with AS 2601—2001, The demolition of structures.
Fences (swimming pool safety fences)
If installed in accordance with the requirements of the Swimming Pools Act 1992 and the Swimming Pools Regulation 2008.
Signs, advertising and notices (business identification signs in business and industrial zones)
(1)  Must not be on a heritage item or in a heritage conservation area.
(2)  If suspended under awning signs—
(a)  only one per premises, and
(b)  must be securely fixed by metal supports, and
(c)  maximum area—1.5m2, and
(d)  must be at least 2.6m above ground level (existing), and
(e)  must not cover mechanical ventilation inlet or outlet vents.
(3)  Projecting wall signs (vertical or horizontal)—
(a)  only one per premises, and
(b)  maximum area—2.5m2, and
(c)  must be at least 2.6m above ground level (existing), and
(d)  must not be erected on an item of environmental heritage, unless using existing approved fixings, and
(e)  must not cover mechanical ventilation inlet or outlet vents.
(4)  Flush wall signs—
(a)  maximum area—2.5m2, and
(b)  must be securely fixed, and
(c)  must be at least 2.6m above ground level (existing), and
(d)  must not cover mechanical ventilation inlet or outlet vents.
(5)  Top hamper signs—
(a)  maximum area—2.5m2, and
(b)  must be securely fixed, and
(c)  must not cover mechanical ventilation inlet or outlet vents.
Signs, advertising and notices (business identification signs in residential and rural residential zones)
(1)  Must not be on a heritage item or in a heritage conservation area.
(2)  Maximum area—0.75m2.
(3)  Must be at least 2.6m above ground level (existing).
(4)  Must not cover mechanical ventilation inlet or outlet vents.
Signs, advertising and notices (real estate signs)
(1)  Maximum area of a single sign—2.5m2.
(2)  Maximum total area of all signs—4.5m2.
(3)  Must be removed within 14 days of sale or lease of property.
Tennis courts (private and non-commercial)
(1)  Must be on a lot in a rural zone or on land in Zone R5 Large Lot Residential with a site area greater than 1ha and associated with a dwelling house.
(2)  Must not have lighting.
(3)  Only 1 per property.
(4)  Must not interfere with any approved on-site effluent disposal or treatment system.
(5)  Maximum cut and fill—600mm.
(6)  Must be located behind the front building line.
Schedule 3 Complying development
(Clause 3.2)
Note—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
Part 1 Types of development
Note—
This Part refers to complying development not specified in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Industrial buildings and warehouses
(1) Application and general
(a)  Must be on land in an industrial zone.
(b)  Must be the—
(i)  erection of a new industrial or warehouse building, or
(ii)  external alteration of, or adding to, an industrial or warehouse building for which a development consent is in force.
(2) Bulk and scale
(a)  Maximum gross floor space—800m2.
(b)  Maximum cubic capacity—6,000m3.
(c)  Maximum floor space ratio—0.5:1.
(d)  Height of any walls at the eave must not be more than 7.2m above the ground level (existing) at any point excluding a parapet.
(e)  Parapets may extend a maximum of 1.2m above the intersection of the wall and the roof.
(3) Setbacks and siting
(a)  Must be setback at least 5m from the rear boundary.
(b)  Awnings or eaves must not encroach more than 1m into setback areas.
(c)  All parts of the building must be at least 9m from the front boundary and 3m from any secondary street frontage.
(4) Design, finishes and landscape
(a)  If alterations and additions, must not be to the street frontage of an existing building.
(b)  Maximum roof pitch—10°.
(5) Site works Maximum cut or fill—1m. (May be both cut and fill to 1m on the same site.)
(6) Landscaping and open space A landscaped strip of at least 3m to each street frontage within the front setback area must be planted with canopy trees and shrubs.
(7) Stormwater and waste management
(a)  Roof and surface water must be drained to the street and discharged into the Council’s nearest stormwater drainage system in the street.
(b)  Drainage system must be designed for a 1 in 10 year storm event, and so that any excess will flow overland to the street.
(c)  Must be serviced by reticulated water and sewerage and electricity.
(d)  Garbage, recycling and storage areas must be provided on-site and behind the building line of the property.
(e)  Garbage stand must be screened if the receptacle is visible from a public place.
(f)  Must not provide for incinerators.
(8) Access, parking and traffic
(a)  Sealed road access must be available to the site.
(b)  Must have kerb and gutter in accordance with the Council’s standard design to the full frontage of the site.
(c)  Carparking areas must be located behind a 3m landscaping strip to any street frontage.
(d)  If alterations and additions, must not involve the removal of any existing car parking spaces.
(e)  If alterations and additions will generate additional car parking demand, additional car parking spaces must be provided within the site without the need to remove any landscaping that was required to be provided through the conditions of development consent for the existing building.
(9) Exclusions and other matters
(a)  If an industrial building located on flood planning land, floor levels must be above the 1:100 year flood level.
(b)  If on flood planning land, electrical switches and powerpoints must be located 800mm above the 1:100 year flood level.
(c)  Must provide a schedule of proposed fire safety measures.
(d)  Must not be on bush fire prone land.
Part 2 Complying development certificate conditions
Note—
Complying development must comply with the requirements of the Act, the regulations under the Act and this Plan.
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
sch 3: Am 2011 (363), Sch 10 [45].
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
Part 1 Land classified, or reclassified, as operational land—no interests changed
Column 1
Column 2
Locality
Description
The Boulevard, Tallwoods
Lot 42, DP 871948
Part 2 Land classified, or reclassified, as operational land—interests changed
Column 1
Column 2
Column 3
Locality
Description
Any trusts etc not discharged
Jack Neal Oval, Taree
Part Lot 2, DP 579557, being a strip 20m wide on the southern boundary and adjoining Lot 1, DP 798526 and Lots 4 and 5, DP 512514
Nil
Part 3 Land classified, or reclassified, as community land
Column 1
Column 2
Locality
Description
Nil
 
Schedule 5 Environmental heritage
(Clause 5.10)
Part 1 Heritage items
Suburb
Item name
Address
Property description
Significance
Item no
Black Head
Norfolk Island Pines (16)
Opposite 1–31 Main Street
Part of Lot 7302, DP 1143094
Local
I309
Black Head
Norfolk Island Pines (41)
Wylie Breckenridge Park
Part of Lot 57, DP 1150082
Local
I308
Bobin
Jimmy Governor Plaque
Bobin Creek Road Reserve
Adjoining Lot 9, DP 734339
Local
I296
Bobin
School house
2512 Bulga Road
Lots 45–46, DP 754401
Local
I1
Burrell Creek
Scott grave
4 Beltana Place
Lot 3, DP 597737
Local
I8
Burrell Creek
Johnston grave
The Bucketts Way, Kimbriki Road
Lot 1, DP 797513
Local
I7
Burrell Creek
Dwelling “Gowenbrae”
5077 The Bucketts Way
Lot 8, DP 753152
Local
I5
Burrell Creek
Easton Family cemetery
5081 The Bucketts Way
Lot 120, DP 1040849
Local
I6
Burrell Creek
Murray graves
424 Gloucester Road
Part Lot 48, DP 753152
Local
I72
Burrell Creek
Dwelling “Hillview”
7 Hillview Lane
Lot 65, DP 869721
Local
I3
Burrell Creek
Bo Bo Creek General Cemetery
28 Hillview Lane
Lot 7002, DP 1026590
Local
I4
Caffreys Flat
Payton family graves
Riverview Road
Lot 2, DP 544821
Local
I64
Chatham
Former Dairy Farmers Factory and Manning Valley Dairy Cooperative
Pitt Street
Lots 15 and 16, DP 703272
Local
I11
Coopernook
Dwelling
4–6 Bangalow Road
Lot 67, DP 4865
Local
I13
Coopernook
Dwelling
9 Bangalow Road
Lot 1, DP 613587
Local
I12
Coopernook
Dwelling
2 Macquarie Street
Lot 1, DP 315861
Local
I16
Coopernook
Dwelling
4 Macquarie Street
Lot 1, DP 208048
Local
I17
Coopernook
Dwelling
6 Macquarie Street
Lot 21, DP 706325
Local
I18
Coopernook
Dwelling
7 Macquarie Street
Lot 9, DP 504926
Local
I19
Coopernook
Dwelling
8 Macquarie Street
Lot 3, DP 791097
Local
I20
Coopernook
Dwelling
9 Macquarie Street
Lot 22, DP 791808
Local
I21
Coopernook
Community hall, former School of Arts
12 Macquarie Street
Section 2, Corner Lot 2, DP 758285
Local
I23
Coopernook
Police station and former courthouse
14 Macquarie Street
Lot 7013, DP 1055820
Local
I24
Coopernook
Dwelling, former shop
16 Macquarie Street, corner Henry Street
Lot 8, DP 101056
Local
I25
Coopernook
Post office
25 Macquarie Street
Lot 7, DP 926494
Local
I26
Coopernook
Dwelling
29 Macquarie Street
Lot 5, DP 926494
Local
I27
Coopernook
Dwelling
45 Macquarie Street
Lot 72, DP 581809
Local
I28
Coopernook
Public school buildings
Macquarie Street, corner George Gibson Drive
Lots 47 and 151, DP 754429
Local
I14
Coopernook
Public school residence
Macquarie Street, corner George Gibson Drive
Lot 46, DP 754429
Local
I15
Coopernook
War Memorial and Memorial Park
Macquarie Street, adjacent to 12 Macquarie Street
Section 2, Lots 1, 3 and 4, DP 758285
Local
I22
Coopernook
Hotel Coopernook
Old Pacific Highway, corner 200 George Gibson Drive
Lot 1, DP 121303
Local
I29
Coopernook
Coopernook General Cemetery
Pacific Highway
Lot 1, DP 668482 and Lot 118, DP 754415
Local
I30
Coopernook
Dwelling
5 Petrie Street
Lot 100, DP 10541
Local
I31
Coopernook
Uniting Church and manse
6 Petrie Street
Lot 1030, DP 851652
Local
I32
Coopernook
St Lukes Anglican Church
West Street
Part Lot 216, DP 754429
Local
I36
Coopernook
Dwelling
5 West Street
Lot 2, DP 926494
Local
I33
Coopernook
Dwelling, former Anglican Rectory
7–9 West Street
Lots 3 and 4, DP 926494
Local
I34
Coopernook
Dwelling
23 West Street
Lot 14, DP 4865
Local
I37
Croki
Produce shed/barn
83 Barton Street
Lot 2, DP 195696
Local
I42
Croki
Open space area and mature trees adjacent to wharf
Barton Street and Ferry Road
Lots 7001 and 7003, DP 1055773 (Part Lot 79123 Croki Reserve)
Local
I40
Croki
Croki Wharf and punt sites
Barton Street and Ferry Road
Lot 7002, DP 1055773 (Part Lot 79123 Croki Reserve)
Local
I41
Croki
Former shop
1 Ferry Road, corner River and Barton Streets
Section 4, Lot 1, DP 327705
Local
I43
Croki
Dwelling
3 Ferry Road, corner River Street
Lot 30, DP 740563
Local
I44
Croki
Dwelling
5 Ferry Road, corner River Street
Lot 31, DP 740563
Local
I45
Croki
Dwelling
11 Young Street
Lot 5, DP 705936
Local
I47
Crowdy Head
Crowdy Head Lighthouse
Elizabeth Street
Reserve 45844
Local
I48
Cundletown
Dwelling
11 Albert Street
Lot 1, DP 787976
Local
I49
Cundletown
Post office
3 Crown Street
Lot 99, DP 631406
Local
I50
Cundletown
Dawson River Cemetery
31 Dawson Cemetery Road
Lot 7300, DP 1144067
Local
I51
Cundletown
Public school building
High Street
Lots 1–3, DP 194647
Local
I52
Cundletown
Dwelling
64 High Street
Lot 8, DP 165089
Local
I53
Cundletown
Dwelling
82 High Street
Lot 1, DP 570435
Local
I54
Cundletown
Dwelling
22 Main Street
Lot 1, DP 197816
Local
I55
Cundletown
Shop, former bakery and residence
36 Main Street
Lot 4, DP 112776
Local
I56
Cundletown
Dwelling, former police station
44 Main Street
Lot 98, DP 834127
Local
I57
Cundletown
Dwelling
59 Main Street
Lot 161, DP 845794
Local
I58
Cundletown
Dwelling “Elizabeth Cottage”
4 Queen Street
Lot 2, DP 738973
Local
I59
Cundletown
Memorial hall
6–8 Queen Street, corner Main Street
Section 9, Lots 17 and 18, DP 939333
Local
I60
Cundletown
Kendall Reserve, riverside parkland and trees
River Street, between King and Queen Streets
Kendall Reserve
Local
I62
Cundletown
Dwelling “Riverview”
86 River Street
Lot 2, DP 263689
Local
I63
Dollys Flat
Dwelling “Lower Bow Hill”
196 Bow Hill Road
Lot 3, DP 1035033
Local
I66
Dyers Crossing
Dyers Crossing Produce Group, former butter factory
3178–3182 Wallanbah Road
Lot A, DP 344166; Lot 1, DP 929869; Lot 1, DP 330675
Local
I67
Failford
General Cemetery
9 St Peters Close, Possum Brush
Lots 7002 and 7003, DP 1056919
Local
I68
Hallidays Point
Blackhead rock pool
Main Street
Part of Lot 7302, DP 114094
Local
I298
Harrington
Graves on Pilot Hill
Beach Street
Lot 7032, DP 1055811
Local
I69
Harrington
Norfolk Island Pines (4)
50 High Street
Lot 50, DP 754415
Local
I297
Johns River
Community hall
16 Thomas Street
Lot 16, Section 5, DP 758546
Local
I299
Karkatt
Lone grave (Kerr)
2461 Wallanbah Road, Firefly
Lot 1, DP 1052161
Local
I70
Killabakh
General Cemetery
1215 Comboyne Road
Lots 7003 and 7004, DP 1050362
Local
I71
Knorrit Flat
Graves on “Tiri”
334 Tiri Road
Lot 14, DP 754426
Local
I65
Kolodong
Woola Cemetery
31 Woola Road
Lot 1, DP 724109; Lot 1, DP 724297; Lots 1–3, DP 724116
Local
I73
Krambach
General Cemetery
66 Cocumbark Lane
Lots 1–3, DP 114723 and Lot 7302, DP 1135551
Local
I74
Krambach
Priests’ graves beside Catholic school
3783 The Bucketts Way
Lot 30, DP 573536
Local
I75
Krambach
Former Catholic convent
3783–3785 The Bucketts Way
Lot 30, DP 573536
Local
I76
Krambach
St Bernadette’s Catholic Church
3787 The Bucketts Way
Lot 30, DP 573536
Local
I77
Krambach
Catholic Presbytery
3789 The Bucketts Way
Lot 30, DP 573536
Local
I78
Krambach
Krambach school house (B00B building—1890)
3838 The Bucketts Way
Lot 72, DP 753182
Local
I300
Lansdowne
Lansdowne concrete road bridge
Cundle Road, over Lansdowne River
Opposite Lot 1, DP 605221 and Lot 237, DP 754429
Local
I80
Lansdowne
Lansdowne rail bridge
Near Cundle Road, over Lansdowne River, opposite 1252 and 1268
Opposite Lot 1, DP 605221 and Lot 237, DP 754429
Local
I81
Lansdowne
Anglican Church, Church of Epiphany
Corner of Cundle Road and Wingham Street
Section 1, Lot 3, DP 758601
Local
I79
Lansdowne
General Cemetery
23 Newbys Lane
Lot 1, DP 724392
Local
I82
Marlee
Duffs Bridge
Bobin Road
Adjacent Lot 2, DP 1109539
Local
I85
Marlee
Marlee Bridge
Bobin Road
Adjacent Lot 2, DP 629516
Local
I86
Marlee
St Marks Anglican Church
1391 Bulga Road
Lots 87 and 88, DP 754430
Local
I87
Marlee
General Cemetery
Marlee Cemetery Road, off Elands Road
Lot 7004, DP 1026593
Local
I88
Mitchells Island
General and Anglican Cemetery
36 Leslies Lane
Lot 7300, DP 1162605
Local
I89
Mitchells Island
St Marks Anglican Church and cemetery
57 St Marks Lane
Lots 266, 269 and 271, DP 754440
Local
I90
Mitchells Island
Former dairy factory and wharf, Lower Manning Dairy Co-operative, includes former manager’s residence
19 Surbiton Place
Lots 1 and 2, DP 365312, Lot 37, DP 662241 and Lot 265, DP 754440
Local
I91
Mondrook
McLeod family graves
673 Tinonee Road
Lot 22, DP 713007
Local
I92
Moorland
General Cemetery
Off Pacific Highway
Lot 104, DP 754448
Local
I93
Mount George
Rail Bridge over Manning River
Near Mount George North Coast Railway
Adjacent Lot 21, DP 1049994
State
I295
Mount George
Site of General Cemetery (unused)
Norwood Lane
Lot 7003, DP 1026576
Local
I94
Mount George
Private Cemetery
Off Nowendoc Lane and Woodside Lane
Lot 6, DP 1104327
Local
I293
Mount George
Stone building
1440–1442 Nowendoc Road
Lots 4 and 5, DP 12946
Local
I301
Number One
Gibson Family Cemetery
Nowendoc Road Number One
Part Lot 75, DP 754426
Local
I97
Number One
Homewood Cemetery on “Ivy Bank”
4252 Nowendoc Road Number One
Part Lot 29, DP 754447
Local
I98
Old Bar
Soldiers Memorial Hall
1–3 Hall Street
Lots 47 and 48, DP 21901
Local
I302
Old Bar
Old Bar Airfield
Old Bar Reserve—0.5km off Old Bar Road
Lot 136, DP 1160943
State
I46
Oxley Island
General Cemetery
102 Oxley Island Road
Lot 171, DP 754440
Local
I95
Red Head
Rusty Fig tree
Seascape Drive (corner of Cottesloe Circuit)
Part of Lot 81, DP 1096579
Local
I307
Redbank
General Cemetery
406 Old Bar Road
Lot 7305, DP 1138290; Lots 4–6, DP 114696
Local
I96
Taree
Dwelling
1 Alban Street
Lot 168, DP 523002
Local
I99
Taree
Dwelling
8 Alban Street
Lot 64, DP 8015
Local
I100
Taree
Dwelling
9 Alban Street
Lot 72, DP 8015
Local
I101
Taree
Dwelling
12 Alban Street
Lots 61 and 62, DP 8015
Local
I102
Taree
Dwelling
16 Alban Street
Lot 59, DP 8015
Local
I103
Taree
Street trees Albert Street camphor laurel trees
Albert Street, between Florence and Macquarie Streets
Road Reserve adjacent to Section 15, DP 3933
Local
I104
Taree
High school face brick building, auditorium
8 Albert Street
Part Section 15, DP 3933
Local
I105
Taree
High school building, 1924
8 Albert Street
Part Section 15, DP 3933
Local
I106
Taree
Public school building, 1902
10 Albert Street
Lot 3, DP 1089054
Local
I107
Taree
Public school building, 1935
10 Albert Street
Lot 3, DP 1089054
Local
I108
Taree
Commercial building, former neighbourhood centre and former Methodist Parsonage
12 Albert Street
Lot 121, DP 835814
Local
I109
Taree
Dwelling
25 Albert Street
Lot 1, DP 723970
Local
I110
Taree
Masonic Hall
28 Albert Street
Lot 1, DP 333623
Local
I111
Taree
Uniting Church
29–35 Albert Street
Lot 25, DP 818244
Local
I112
Taree
St Pauls Presbyterian Church
64–74 Albert Street
Section 13, Lot 11, DP 50231
Local
I113
Taree
Former Catholic Church and Hall, “Our Lady of the Rosary”
71–77 Albert Street
Section 8, Lot 20, DP 50231
Local
I114
Taree
Catholic Church
71–77 Albert Street
Section 8, Lots 18 and 19, DP 50231
Local
I115
Taree
Catholic Presbytery
71–77 Albert Street
Section 8, Lot 19, DP 50231
Local
I116
Taree
Courthouse
83–87 Albert Street
Lots 21–23, DP 50231
Local
I117
Taree
Dwelling
90 Albert Street
Lot 5, DP 369872
Local
I118
Taree
Dwelling
2 Commerce Street
Lot 11, DP 830837
Local
I119
Taree
Dwelling
4 Commerce Street
Lot 12, DP 830837
Local
I120
Taree
Dwelling
6 Commerce Street
Lot 123, DP 558000
Local
I121
Taree
Dwelling
21 Commerce Street
Lot 5, DP 17563
Local
I122
Taree
Dwelling
25 Commerce Street
Lot 3, DP 17563
Local
I123
Taree
Dwelling
27 Commerce Street
Lot 2, DP 17563
Local
I124
Taree
Dwelling
32 Commerce Street
Lot 2, DP 102768
Local
I125
Taree
Dwelling
34 Commerce Street
Lot 30, DP 24986
Local
I126
Taree
Dwelling
36 Commerce Street
Lot 29, DP 377088
Local
I127
Taree
Dwelling, former Blood Bank and former Tinonee Royal Hotel
39 Commerce Street
Lot 14, DP 368188
Local
I128
Taree
Dwelling
63 Commerce Street
Lot 36, DP 381925
Local
I129
Taree
Street trees, Cornwall Street (established Brush Box trees)
Cornwall Street, between Manning Street and Commerce Street
Road reserve
Local
I130
Taree
Dwelling
103 Cornwall Street
Lot 1, DP 530663
Local
I131
Taree
Dwelling
105 Cornwall Street
Lot 27A, DP 417907
Local
I132
Taree
Dwelling
107 Cornwall Street
Lot 26, DP 417906
Local
I133
Taree
Dwelling
117 Cornwall Street
Lot 211, DP 522895
Local
I134
Taree
Dwelling
119 Cornwall Street
Lot 1, DP 358884
Local
I135
Taree
Taree Estate Private Cemetery
Edinburgh Drive
Lot 33, DP 2801
Local
I136
Taree
Dwelling
25 Edinburgh Drive
Lot 451, DP 730373
Local
I137
Taree
Dwelling
35 Flett Street
Lot 23, DP 12760
Local
I138
Taree
Dwelling
37 Flett Street
Lot 24, DP 12760
Local
I139
Taree
Dwelling
39 Flett Street
Lot 2, DP 321298
Local
I140
Taree
Dwelling
40 Flett Street
Lot B, DP 348574
Local
I141
Taree
Dwelling
41 Flett Street
Lot 1, DP 321298
Local
I142
Taree
Dwelling
52 Flett Street
Lot 2, DP 12760
Local
I143
Taree
Dwelling
54 Flett Street
Lot 3, DP 12760
Local
I144
Taree
Dwelling
56 Flett Street
Lot 4, DP 12760
Local
I145
Taree
Dwelling
58 Flett Street
Lot 5, DP 12760
Local
I146
Taree
Dwelling
60 Flett Street
Lot 6, DP 659753
Local
I147
Taree
Dwelling
62 Flett Street
Lot 7, DP 664495
Local
I148
Taree
Dwelling
64 Flett Street
Lot D, DP 389208
Local
I149
Taree
Dwelling
33 Florence Street
Section 77, Lot 6, DP 5525
Local
I150
Taree
Two Norfolk Island pine trees
16 Hayes Lane
Lot 140, DP 6116735
Local
I190
Taree
Hospital outbuilding, former dwelling
High Street
Part Lot 1, DP 1011890
Local
I154
Taree
Dwelling
77 High Street
Lot A, DP 317452
Local
I151
Taree
Dwelling
81 High Street
Section 23, Lot 13, DP 3933
Local
I152
Taree
Commercial building
85 High Street
Lot 12, DP 409198
Local
I153
Taree
Dwelling
94 High Street
Section A, Lot 6, DP 2564
Local
I155
Taree
Dwelling
96 High Street
Section A, Lot 5, DP 2564
Local
I156
Taree
Taree Park, including Croquet Club, grandstand, memorial gates, and mature trees on perimeters
Macquarie Street
Lot 127, DP 754449
Local
I157
Taree
Dwelling
3 Macquarie Street
Lot 1, DP 115373
Local
I158
Taree
Art gallery, former school residence
12 Macquarie Street
Lot 2, DP 1059982
Local
I159
Taree
Coocumbac Island
Manning River, west of Martin Bridge
 
Local
I160
Taree
Manning Times Building
63–65 Manning Street
Section 6, Part Lot 4, DP 758954
Local
I161
Taree
Shop, former Protestant Hall
85 Manning Street
Lot B, DP 350762
Local
I162
Taree
Dwelling
134 Manning Street
Lot 24, DP 554752
Local
I163
Taree
Taree Showground
Muldoon Street
Lot 1, DP 798455 and Lot 1, DP 115899
Local
I164
Taree
Martin Bridge
Old Pacific Highway
Adjacent Lot 7002, DP 1052756
Local
I165
Taree
Railway station and railway yards
Olympia Street
Lot 2, DP 1010244 and Lot 1, DP 1010244
State
I166
Taree
CBD Fig tree
Pulteney Street
Road reserve (adjoining Lot 7029, DP 1065156)
Local
I303
Taree
Fotheringhams Hotel
4 Pulteney Street, corner Victoria Street
Lot 111, DP 1095041
Local
I167
Taree
Dwelling
58 Pulteney Street
Lot 13, DP 20699
Local
I168
Taree
Fire station and residence
75 Pulteney Street
Section B, Lot 1, DP 2564
Local
I169
Taree
Dwelling
77 Pulteney Street
Section B, Lot 2, DP 2564
Local
I170
Taree
Former Petersville Milk Products Factory and site
2–10 Railway Parade
Lots 97–105, DP 13754 and Part Lot 12, DP 621572
Local
I171
Taree
Spotted gums, River Street near Florence Street
Extending westerly from junction of River Street and Florence Street
Lot 7310, DP 1150121 and land to the east
Local
I173
Taree
Dwelling
19 River Street
Lot 2, DP 311615
Local
I174
Taree
Dwelling
81 River Street
Lot 1, DP 1147066
Local
I175
Taree
Dwelling
2 Smith Street
Lot 1, DP 121659
Local
I176
Taree
Dwelling
3 Smith Street
Lot 201, DP 11254
Local
I177
Taree
Dwelling
4 Smith Street
Lot 197, DP 11254
Local
I178
Taree
Dwelling
6 Smith Street
Lot 32, DP 525577
Local
I179
Taree
Dwelling
7 Smith Street
Lot 199, DP 11254
Local
I180
Taree
Dwelling
8 Smith Street
Lot 30, DP 21367
Local
I182
Taree
Dwelling
9 Smith Street
Lot 90, DP 345187
Local
I181
Taree
Dwelling
10 Smith Street
Lot 2, DP 21367
Local
I183
Taree
Dwelling
12 Smith Street
Lot 1, DP 21367
Local
I184
Taree
Dwelling
14 Smith Street
Lot 10, DP 21367
Local
I185
Taree
Dwelling
8 Stevenson Street
Section 82, Lot 21, DP 5525
Local
I186
Taree
Dwelling
15 Stevenson Street
Section 2, Lot 3, DP 5071
Local
I187
Taree
Dwelling
30 Stevenson Street
Section 78, Lot 17, DP 5525
Local
I188
Taree
Large fig tree
Taree Estate, corner Edinburgh Drive and Hayes Lane
Adjacent to Lot 140, DP 611673
Local
I189
Taree
Fotheringham Park and War Memorial
Victoria Street
Lot 1, DP 354742
Local
I191
Taree
Streetscape west of Commerce Street
Victoria Street, between Commerce Street and Montgomery Crescent
Road reserve
Local
I192
Taree
Phoenix Palm
Victoria Street (opposite 221 Victoria Street)
Road reserve (between Commerce and Pulteney Streets)
Local
I305
Taree
Hobsons Store Building
135 Victoria Street
Lot 2, DP 150814
Local
I193
Taree
Commercial building, former State Bank Building
140 Victoria Street
Lot 1, DP 82216
Local
I194
Taree
Commercial building, former Greater Taree City Council Building
146 Victoria Street
Lot 11, DP 161393
Local
I195
Taree
Exchange Hotel
154 Victoria Street
Lots 1 and 2, DP 797108
Local
I196
Taree
Shop, former National Australia Bank
171 Victoria Street
Lot 1, DP 315681
Local
I197
Taree
Commercial building, former AMP Building
207 Victoria Street
Lot 2, DP 579979
Local
I198
Taree
Commercial building, “Beehive Store”
226–234 Victoria Street
Lot 1, DP 794959
Local
I199
Taree
Dwelling
241 Victoria Street
Lot 1, DP 971838
Local
I200
Taree
Dwelling
291 Victoria Street
Lot 44, DP 8015
Local
I201
Taree
St Johns Church and belltower
294 Victoria Street
Lot 5, DP 1141399
Local
I202
Taree
St Johns Rectory
294 Victoria Street
Part Lot 1, DP 316756
Local
I203
Taree
St Johns Church Memorial Hall
294 Victoria Street
Lot 5, DP 1141399
Local
I204
Taree
Dwelling
303 Victoria Street
Lot 4, DP 553222
Local
I205
Taree
Dwelling
310A Victoria Street
Lot 50, DP 586118
Local
I206
Taree
Dwelling
314 Victoria Street
Lot 10, DP 14304
Local
I207
Taree
Dwelling
318 Victoria Street
Lot 31, DP 29758
Local
I208
Taree
Dwelling
322 Victoria Street
Lot 6, DP 14304
Local
I209
Taree
Dwelling
324 Victoria Street
Lot 5, DP 14304
Local
I210
Taree
Dwelling
10 Wingham Road
Lot 1, DP 664062
Local
I211
Taree
Dwelling
37 Wynter Street
Lot 1, DP 1080035
Local
I212
Taree
Dwelling
63 Wynter Street
Section B, Lot 12, DP 2564
Local
I213
Taree
Dwelling
70 Wynter Street
Lot 12, DP 394205
Local
I214
Taree
Dwelling
96 Wynter Street
Lot 62, DP 570185
Local
I215
Taree
Dwelling
14 York Street
Lot 2, DP 790941
Local
I216
Taree
Dwelling
16 York Street
Lot 1, DP 790941
Local
I217
Taree South
Glenthorne Fig tree
River Road (adjoining 148 River Road)
Road reserve (adjoining Lot 7009, DP 1052153)
Local
I306
Taree South
Residence and pines (2)
173–175 River Road
Lots B and C, DP 420980
Local
I304
Tinonee
Dwelling
1 Cotton Street
Lot 1, DP 573987
Local
I218
Tinonee
Dwelling
2–6 Cotton Street
Lot 24, DP 734994
Local
I219
Tinonee
Public school
2 Manchester Street
Section 3, Lot 1, DP 758979
Local
I220
Tinonee
Public school residence
2 Manchester Street
Section 3, Lot 1, DP 758979
Local
I221
Tinonee
Dwelling, tea rooms and craft shop
4–6 Manchester Street
Lots 1 and 2, DP 542080
Local
I222
Tinonee
Post office and residence
8 Manchester Street
Section 10, Lot C, DP 390396
Local
I223
Tinonee
Dwelling
10 Manchester Street
Lot D, DP 390396
Local
I224
Tinonee
Community hall, former School of Arts
11 Manchester Street
Lot 1, DP 798159
Local
I225
Tinonee
Dwelling
12 Manchester Street
Lot 1, DP 724092
Local
I226
Tinonee
Dwelling
14 Manchester Street
Lot 1, DP 910468
Local
I227
Tinonee
Dwelling
16 Manchester Street
Lot 1, DP 573335
Local
I228
Tinonee
St Pauls Free Presbyterian Church of Eastern Australia
21–25 Manchester Street
Lot 12, DP 1062667
Local
I229
Tinonee
Dwelling, former police station, lockup and courthouse
33–35 Manchester
Lots 2 and 3, DP 1025209
Local
I230
Tinonee
Dwelling, former shop
49 Manchester Street
Lot 30, DP 730384
Local
I231
Tinonee
General Cemetery
6451 The Bucketts Way
Lot 7014, DP 1026954; Lot 1, DP 1155454; Lot 1, DP 1155457; Lot 1, DP 1155460; Lot 1, DP 1155461
Local
I232
Tinonee
Dwelling
4 Washington Street
Lot 100, DP 873111
Local
I233
Tinonee
St Lukes Church
13 Winter Street
Section 2, Lot 8, DP 758979
Local
I234
Upper Lansdowne
St Barnabas Anglican Church
1409 Upper Lansdowne Road
Lot 1, DP 1143421
Local
I235
Wherrol Flat
Concrete road bridge
Wherrol Flat Road
Adjacent Lot 11, DP 1070893
Local
I236
Wherrol Flat
Suspension bridge
484 Wherrol Flat Road
Lot 41, DP 754422
Local
I237
Wherrol Flat
Wherrol Flat Hall
1205 Wherrol Flat Road
Lot A, DP 343298
Local
I238
Wingham
Street trees, Canary Island Palms, and item on roundabout
Bent Street
Located on road reserve between Farquhar, Canget, Primrose and Bungay Roads
Local
I239
Wingham
Anglican Church, Rectory and Hall
7–9 Bent Street
Section 18, Lots 6, 7, 9 and 10, DP 759099
Local
I240
Wingham
Former butcher’s shop “Gibson and Skinner”
22 Bent Street
Lot 10, DP 1092056
Local
I241
Wingham
Australian Hotel and stables
24 Bent Street
Lot 1, DP 781806
Local
I242
Wingham
WR Maitland Building
28–38 Bent Street
Lot 20, DP 801981
Local
I243
Wingham
Wingham Chronicle Building
44–46 Bent Street
Lot B, DP 918591
Local
I244
Wingham
Former Westpac Bank Building, now “The Bank” bed and breakfast
48 Bent Street
Lot A, DP 918591
Local
I245
Wingham
Maitlands Building, adjacent to Westpac Bank Building
50 Bent Street
Lot 2, DP 589449
Local
I246
Wingham
Wingham Arcade Building
52 Bent Street
Lots 11 and 12, DP 625165
Local
I247
Wingham
Dwelling
1 Bungay Road
Lot 20, DP 381057
Local
I248
Wingham
Dwelling
2 Bungay Road
Lot 7303, DP 1143888; Lot 16, Section 10, DP 758546
Local
I249
Wingham
Dwelling
4 Bungay Road
Lot 2, DP 206884
Local
I250
Wingham
Dwelling
16 Bungay Road
Lot 4, DP 337940
Local
I251
Wingham
Dwelling
42 Canget Road
Section C, Lots 10 and 11, DP 5434
Local
I252
Wingham
Dwelling
13 Combined Street
Section 22, Lot 9, DP 759099
Local
I253
Wingham
Dwelling
21 Combined Street
Lot 1, DP 798619
Local
I254
Wingham
Dwelling
31 Combined Street
Lot 19, DP 38335
Local
I255
Wingham
Dwelling
68 Combined Street
Lot 183, DP 566770
Local
I256
Wingham
Former stationmaster’s cottage
Dennes Street
Lot 1, DP 607154
Local
I286
Wingham
Central Park
Farquhar, Bent, Isabella and Wynter Streets
Park reserve
Local
I257
Wingham
Craft Centre, former courthouse
4 Farquhar Street
Lot 452, DP 822647
Local
I260
Wingham
Police station, lockup and residence
6 Farquhar Street
Lot 453, DP 822647
Local
I261
Wingham
Catholic Church
8 Farquhar Street
Section 18, Lots 2 and 3, DP 759099
Local
I262
Wingham
Manning Valley Historical Society and Museum
12 Farquhar Street
Lot 30, DP 568926
Local
I263
Wingham
Dwelling
16 Farquhar Street
Lot 2, DP 358123
Local
I264
Wingham
Dwelling
20 Farquhar Street
Lot 27, DP 437378
Local
I265
Wingham
Dwelling
43 Farquhar Street
Lot B, DP 323383
Local
I266
Wingham
Dwelling
45 Farquhar Street
Section 5, Lot 13, DP 759099
Local
I267
Wingham
Dwelling
47 Farquhar Street
Section 5, Lot 14, DP 759099
Local
I268
Wingham
Wingham Town Hall
52 Farquar Street
Lot 124, DP 713925
Local
I269
Wingham
Dwelling
64 Farquhar Street
Section 6, Lot 11, DP 759099
Local
I270
Wingham
Dwelling
66 Farquhar Street
Lot B, DP 394104
Local
I271
Wingham
General Cemetery
71 Glenyarra Road
Lot 7018, DP 1026789
Local
I272
Wingham
Wingham Brush Public School
Isabella Street
Lot 4, DP 820546 and Lot 20, DP 759099
Local
I273
Wingham
Shop, former Theatre Building
16 Isabella Street
Lot B, DP 321956
Local
I274
Wingham
Dwelling
22 Isabella Street
Lot 4, DP 600303
Local
I275
Wingham
Dwelling
40 Isabella Street
Lot 4, DP 781830
Local
I277
Wingham
National Bank Building
43 Isabella Street
Lot 1, DP 1065124
Local
I278
Wingham
Shop
89 Isabella Street
Lot 2, DP 309590
Local
I279
Wingham
Baby health centre and CWA rooms
91 Isabella Street
Lot 1, DP 309590
Local
I280
Wingham
Shop
93–95 Isabella Street
Lot 1, DP 781828
Local
I281
Wingham
Shop
99 Isabella Street
Lot 1, DP 925163
Local
I283
Wingham
Dwelling
46 Moon Street
Section 51, Lot 1, DP 759099
Local
I284
Wingham
Former butter factory
28 Primrose Street
Lot 1, DP 623482
Local
I285
Wingham
Hill Family Cemetery
145 Tinonee Road
Lot 7015, DP 1001487; Lot 1, DP 1155343; Lot 1, DP 1155918; Lot 1, DP 1155351
Local
I287
Wingham
The Bight Cemetery
145 Tinonee Road
Lot 7015, DP 1001487; Lot 1, DP 1155343; Lot 1, DP 1155918; Lot 1, DP 1155351
Local
I288
Wingham
Lincoln Brickworks
894 Wingham Road
Lot 1, DP 161524
Local
I291
Wingham
Library, former Council Offices and School of Arts
Wynter Street
Section 20, Lot 3, DP 7590999
Local
I292
Wingham
Post Office
Lot 20 Wynter Street
Lot 20, DP 773785
National
I289
Wingham
Wingham Brush Reserve
Bounded by Wingham Brush Public School, Farquhar Street, Isabella Street, Rowley Street, Combined Street and Manning River
Lot 7014, DP 1006719; Lot 701, DP 1006710; Lot 7013, DP 1006719; Lot 701, DP 1006718
Local
I290
Part 2 Heritage conservation areas
Suburb
Item name
Address
Property Address
Significance
Map Ref
Coopernook
Conservation Area—Coopernook
The area around Macquarie Street, West Street, and Bangalow Road bounded and hatched in red on the heritage map and labelled C6
Numerous
Local
C6
Taree
Conservation Area—Albert Street
The area around Albert Street bounded and hatched in red on the heritage map and labelled C2
Numerous
Local
C2
Taree
Conservation Area—Taree Park
The area around Taree Park bounded and hatched in red on the heritage map and labelled C3
Numerous
Local
C3
Taree West
Conservation Area—Taree West
The area around Victoria Street, Fotheringham Street, Flett Street North bounded and hatched in red on the Heritage map and labelled C1
Numerous
Local
C1
Tinonee
Conservation Area—Tinonee
The area around Manchester Street bounded and hatched in red on the heritage map and labelled C4
Numerous
Local
C4
Wingham
Conservation Area—Wingham
The area around Isabella Street, Bent Street, Farquhar Street, Wynter Street bounded in red and hatched in red on the heritage map and labelled C5
Numerous
Local
C5
Part 3 Archaeological sites
Suburb
Item name
Address
Property Address
Significance
Map Ref
Bobin
Timber church (remains)
Bulga Road
Lot 67, DP 754401
Local
A2
Bohnock
Literary Institute
13 Bohnock Road
Lot 176, DP 753149
Local
A282
Brimbin
Former convict-era garrison site containing a well site (1840s), later the estate of a colonial NSW Government Architect
Lot 1, Old Port Macquarie Road
Lot 1, DP 10304
Local
A310
Brimbin
Wingham to Port Macquarie old road (1860s)
Wingham to Port Macquarie old road pavements, original alignment and fenced road boundaries, Kellys Crossing of Dawson River and all associated structures, road signs and mileposts
Lots forming the northern boundary: Lot 1, DP 574366; Lot 1, DP 339062; Lots 11–14, DP 10304; Lot 1, DP 78136
Lots forming the southern boundary: Lot 27, DP 6031; Lots 1, 3 and 4, DP 10304; Lot 1, DP 1084130; Lot 1, DP 78136; Lot 13, DP 114564
Local
A311
Chatham
Former lime quarry site
109 Cowper Street
Lot 141, DP 749124
Local
A9
Chatham
Former lime kiln wharf site
Nelson Street, off Railway line corridor
Adjacent to Lot 2, DP 235025
Local
A10
Coopernook
Coopernook Wharf (remains)
Wharf Road, corner Pacific Highway
Lot 1, DP 925462
Local
A39
Lansdowne
Lansdowne Wharf remains
2 Mill Street
Reserve 50557; Lot 308, DP 46702
Local
A83
Lansdowne
Langley Vale timber tramway remains
Accessed via Lansdowne and Coopernook Road
Lansdowne State Forest
Local
A84
Taree
Wreck of the vessel “Manning”
River Street
Adjoining (north of) Lot 7311, DP 1150121
Local
A172
Wingham
Sawpits
Off Farquhar Street, in Wingham Brush Reserve
Wingham Brush Reserve
Local
A258
Wingham
Wingham Wharf and surrounds
Off Farquar Street, beyond Wingham Brush Reserve
Part Wingham Brush Reserve No 44549, adjacent Lot 2, DP 1089724; Lot 7022, DP 1051663; Lot 7300, DP 1120599
Local
A259
Wyoming
Sugar Mills, remains
Norwood Lane, opposite former Mount George Cemetery
Lot 14, DP 754455
Local
A294
sch 5: Am 2014 (169), Sch 1 [11]–[15]; 2014 (490), Sch 1 [5] [6]; 2014 No 88, Sch 2.27; 2015 (678), Sch 1 [4]; 2017 (55), Sch 1 [2]–[6]; 2017 No 22, Sch 2.16.
Dictionary: Am 2015 (678), Sch 1 [5]; 2017 (55), Sch 1 [7]; 2019 (184), Sch 1 [3].
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Part 1 Pond-based and tank-based aquaculture
Division 1 Site location requirements
1   Conservation exclusion zones
(1)  Must not be carried out on the following land, except to the extent necessary to gain access to water—
(a)  land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,
(b)  vacant Crown land,
(c)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands.
(2)  Must not be carried out on the following land, except for the purposes of minimal infrastructure to support the extraction of water from, and discharge of water to, the land concerned—
(a)  land declared as an aquatic reserve under the Marine Estate Management Act 2014,
(b)  land declared as a marine park under the Marine Estate Management Act 2014.
Note—
Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.
Division 2 Operational requirements
2   Species selection
Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).
3   Pond-based aquaculture that is also intensive aquaculture—pond design
For pond-based aquaculture that is also intensive aquaculture—ponds must be capable of being drained or pumped and then completely dried.
4   Pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—freshwater discharges
For pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—no discharge of freshwater used to intensively cultivate or keep fish to natural waterbodies or wetlands is permitted, except freshwater discharge from open flow through systems.
5   Outlets from culture ponds etc
All outlets from culture ponds, tanks and other culture facilities must be screened to avoid the escape of fish.
6   Definition
In this Division—
intensive aquaculture has the same meaning as it has in the Fisheries Management (Aquaculture) Regulation 2017.
Part 2 Extensive pond-based aquaculture
Division 1 Site location requirements
7   Conservation exclusion zones
(1)  Must not be carried out on the following land, except to the extent necessary to gain access to water—
(a)  land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,
(b)  vacant Crown land,
(c)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands.
Note—
Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.
8   Flood liability
Must be designed or constructed on land so that it will not be inundated by the discharge of a 1:100 ARI (average recurrent interval) flood event.
Division 2 Operational requirements
9   Species selection
Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).
10   Pond design
(1)  Must not require the construction of new ponds, water storages, dams or buildings.
(2)  Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.
(3)  Must be capable of preventing the escape of stock into natural waterbodies or wetlands.
11   Culture water
Must use freshwater.
Dictionary
(Clause 1.4)
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Plan.
Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.
Aboriginal place of heritage significance means an area of land, the general location of which is identified in an Aboriginal heritage study adopted by the Council after public exhibition and that may be shown on the Heritage Map, that is—
(a)  the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It may (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or
(b)  a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.
Note—
The term may include (but is not limited to) places that are declared under section 84 of the National Parks and Wildlife Act 1974 to be Aboriginal places for the purposes of that Act.
acid sulfate soils means naturally occurring sediments and soils containing iron sulfides (principally pyrite) or their precursors or oxidation products, whose exposure to oxygen leads to the generation of sulfuric acid (for example, by drainage or excavation).
Acid Sulfate Soils Manual means the manual by that name published by the Acid Sulfate Soils Management Advisory Committee and made publicly available.
advertisement has the same meaning as in the Act.
Note—
The term is defined as a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.
advertising structure has the same meaning as in the Act.
Note—
The term is defined as a structure used or to be used principally for the display of an advertisement.
Advertising structures are a type of signage—see the definition of that term in this Dictionary.
affordable housing has the same meaning as in the Act.
Note—
The term is defined as housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument.
agricultural produce industry means a building or place used for the handling, treating, processing or packing, for commercial purposes, of produce from agriculture (including dairy products, seeds, fruit, vegetables or other plant material), and includes wineries, flour mills, cotton seed oil plants, cotton gins, feed mills, cheese and butter factories, and juicing or canning plants, but does not include a livestock processing industry.
Note—
Agricultural produce industries are a type of rural industry—see the definition of that term in this Dictionary.
agriculture means any of the following—
(a)  aquaculture,
(b)  extensive agriculture,
(c)  intensive livestock agriculture,
(d)  intensive plant agriculture.
Note—
Part 6 of the Plantations and Reafforestation Act 1999 provides that exempt farm forestry within the meaning of that Act is not subject to the Environmental Planning and Assessment Act 1979.
air transport facility means an airport or a heliport that is not part of an airport, and includes associated communication and air traffic control facilities or structures.
airport means a place that is used for the landing, taking off, parking, maintenance or repair of aeroplanes, and includes associated buildings, installations, facilities and movement areas and any heliport that is part of the airport.
Note—
Airports are a type of air transport facility—see the definition of that term in this Dictionary.
airstrip means a single runway for the landing, taking off or parking of aeroplanes for private aviation only, but does not include an airport, heliport or helipad.
amusement centre means a building or place (not being part of a pub or registered club) used principally for playing—
(a)  billiards, pool or other like games, or
(b)  electronic or mechanical amusement devices, such as pinball machines, computer or video games and the like.
animal boarding or training establishment means a building or place used for the breeding, boarding, training, keeping or caring of animals for commercial purposes (other than for the agistment of horses), and includes any associated riding school or ancillary veterinary hospital.
aquaculture has the same meaning as in the Fisheries Management Act 1994. It includes oyster aquaculture, pond-based aquaculture and tank-based aquaculture.
Note—
Aquaculture is a type of agriculture—see the definition of that term in this Dictionary.
archaeological site means a place that contains one or more relics.
artisan food and drink industry means a building or place the principal purpose of which is the making or manufacture of boutique, artisan or craft food or drink products only. It must also include at least one of the following—
(a)  a retail area for the sale of the products,
(b)  a restaurant or cafe,
(c)  facilities for holding tastings, tours or workshops.
Note—
See clause 5.4 for controls in industrial or rural zones relating to the retail floor area of an artisan food and drink industry.
Artisan food and drink industries are a type of light industry—see the definition of that term in this Dictionary.
attached dwelling means a building containing 3 or more dwellings, where—
(a)  each dwelling is attached to another dwelling by a common wall, and
(b)  each of the dwellings is on its own lot of land, and
(c)  none of the dwellings is located above any part of another dwelling.
Note—
Attached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
attic means any habitable space, but not a separate dwelling, contained wholly within a roof above the ceiling line of the storey immediately below, except for minor elements such as dormer windows and the like.
backpackers’ accommodation means a building or place that—
(a)  provides temporary or short-term accommodation on a commercial basis, and
(b)  has shared facilities, such as a communal bathroom, kitchen or laundry, and
(c)  provides accommodation on a bed or dormitory-style basis (rather than by room).
Note—
Backpackers’ accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
basement means the space of a building where the floor level of that space is predominantly below ground level (existing) and where the floor level of the storey immediately above is less than 1 metre above ground level (existing).
bed and breakfast accommodation means an existing dwelling in which temporary or short-term accommodation is provided on a commercial basis by the permanent residents of the dwelling and where—
(a)  meals are provided for guests only, and
(b)  cooking facilities for the preparation of meals are not provided within guests’ rooms, and
(c)  dormitory-style accommodation is not provided.
Note—
See clause 5.4 for controls relating to the number of bedrooms for bed and breakfast accommodation.
Bed and breakfast accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
bee keeping means a building or place used for the keeping and breeding of bees for commercial purposes.
Note—
Bee keeping is a type of extensive agriculture—see the definition of that term in this Dictionary.
biodiversity or biological diversity means the variety of living animal and plant life from all sources, and includes diversity within and between species and diversity of ecosystems.
biosolids treatment facility means a building or place used as a facility for the treatment of biosolids from a sewage treatment plant or from a water recycling facility.
Note—
Biosolids treatment facilities are a type of sewerage system—see the definition of that term in this Dictionary.
boarding house means a building that—
(a)  is wholly or partly let in lodgings, and
(b)  provides lodgers with a principal place of residence for 3 months or more, and
(c)  may have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and
(d)  has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers,
but does not include backpackers’ accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.
Note—
Boarding houses are a type of residential accommodation—see the definition of that term in this Dictionary.
boat building and repair facility means any facility (including a building or other structure) used primarily for the construction, maintenance or repair of boats, whether or not including the storage, sale or hire of boats, but does not include a marina or boat shed.
boat launching ramp means a structure designed primarily for the launching of trailer borne recreational vessels, and includes associated car parking facilities.
boat shed means a building or other structure used for the storage and routine maintenance of a boat or boats and that is associated with a private dwelling or non-profit organisation, and includes any skid used in connection with the building or other structure.
brothel has the same meaning as in the Act.
Note—
This definition is relevant to the definitions of home occupation (sex services) and sex services premises in this Dictionary.
building has the same meaning as in the Act.
Note—
The term is defined to include part of a building and any structure or part of a structure, but not including a manufactured home, a moveable dwelling or associated structure (or part of a manufactured home, moveable dwelling or associated structure).
building height (or height of building) means—
(a)  in relation to the height of a building in metres—the vertical distance from ground level (existing) to the highest point of the building, or
(b)  in relation to the RL of a building—the vertical distance from the Australian Height Datum to the highest point of the building,
including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.
building identification sign means a sign that identifies or names a building and that may include the name of a building, the street name and number of a building, and a logo or other symbol but does not include general advertising of products, goods or services.
Note—
Building identification signs are a type of signage—see the definition of that term in this Dictionary.
building line or setback means the horizontal distance between the property boundary or other stated boundary (measured at 90 degrees from the boundary) and—
(a)  a building wall, or
(b)  the outside face of any balcony, deck or the like, or
(c)  the supporting posts of a carport or verandah roof,
whichever distance is the shortest.
bush fire hazard reduction work has the same meaning as in the Rural Fires Act 1997.
Note—
The term is defined as follows—
bush fire hazard reduction work means—
(a)  the establishment or maintenance of fire breaks on land, and
(b)  the controlled application of appropriate fire regimes or other means for the reduction or modification of available fuels within a predetermined area to mitigate against the spread of a bush fire,
but does not include construction of a track, trail or road.
bush fire prone land has the same meaning as in the Act.
Note—
The term is defined, in relation to an area, as land recorded for the time being as bush fire prone land on a map for the area certified as referred to in section 10.3(2) of the Act.
bush fire risk management plan means a plan prepared under Division 4 of Part 3 of the Rural Fires Act 1997 for the purpose referred to in section 54 of that Act.
business identification sign means a sign—
(a)  that indicates—
(i)  the name of the person or business, and
(ii)  the nature of the business carried on by the person at the premises or place at which the sign is displayed, and
(b)  that may include the address of the premises or place and a logo or other symbol that identifies the business,
but that does not contain any advertising relating to a person who does not carry on business at the premises or place.
Note—
Business identification signs are a type of signage—see the definition of that term in this Dictionary.
business premises means a building or place at or on which—
(a)  an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or
(b)  a service is provided directly to members of the public on a regular basis,
and includes a funeral home and, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, betting agencies and the like, but does not include an entertainment facility, home business, home occupation, home occupation (sex services), medical centre, restricted premises, sex services premises or veterinary hospital.
Note—
Business premises are a type of commercial premises—see the definition of that term in this Dictionary.
camping ground means an area of land that has access to communal amenities and on which campervans or tents, annexes or other similar portable and lightweight temporary shelters are, or are to be, installed, erected or placed for short term use, but does not include a caravan park.
canal estate development means development that incorporates wholly or in part a constructed canal, or other waterway or waterbody, that is inundated by or drains to a natural waterway or natural waterbody by surface water or groundwater movement (not being works of drainage, or for the supply or treatment of water, that are constructed by or with the authority of a person or body responsible for those functions and that are limited to the minimal reasonable size and capacity to meet a demonstrated need for the works), and that either—
(a)  includes the construction of dwellings (which may include tourist and visitor accommodation) of a kind other than, or in addition to—
(i)  dwellings that are permitted on rural land, and
(ii)  dwellings that are used for caretaker or staff purposes, or
(b)  requires the use of a sufficient depth of fill material to raise the level of all or part of that land on which the dwellings are (or are proposed to be) located in order to comply with requirements relating to residential development on flood prone land.
car park means a building or place primarily used for the purpose of parking motor vehicles, including any manoeuvring space and access thereto, whether operated for gain or not.
caravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, installed or placed.
catchment action plan has the same meaning as in the Catchment Management Authorities Act 2003.
Note—
The term is defined as a catchment action plan of an authority that has been approved by the Minister under Part 4 of the Catchment Management Authorities Act 2003.
cellar door premises means a building or place that is used to sell wine by retail and that is situated on land on which there is a commercial vineyard, and where most of the wine offered for sale is produced in a winery situated on that land or is produced predominantly from grapes grown in the surrounding area.
Note—
Cellar door premises are a type of retail premises—see the definition of that term in this Dictionary.
cemetery means a building or place used primarily for the interment of deceased persons or pets or their ashes, whether or not it contains an associated building for conducting memorial services.
centre-based child care facility means—
(a)  a building or place used for the education and care of children that provides any one or more of the following—
(i)  long day care,
(ii)  occasional child care,
(iii)  out-of-school-hours care (including vacation care),
(iv)  preschool care, or
(b)  an approved family day care venue (within the meaning of the Children (Education and Care Services) National Law (NSW)),
Note—
An approved family day care venue is a place, other than a residence, where an approved family day care service (within the meaning of the Children (Education and Care Services) National Law (NSW)) is provided.
but does not include—
(c)  a building or place used for home-based child care or school-based child care, or
(d)  an office of a family day care service (within the meanings of the Children (Education and Care Services) National Law (NSW)), or
(e)  a babysitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or
(f)  a child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium) to care for children while the children’s parents are using the facility, or
(g)  a service that is concerned primarily with providing lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or providing private tutoring, or
(h)  a child-minding service that is provided by or in a health services facility, but only if the service is established, registered or licensed as part of the institution operating in the facility.
charter and tourism boating facility means any facility (including a building or other structure) used for charter boating or tourism boating purposes, being a facility that is used only by the operators of the facility and that has a direct structural connection between the foreshore and the waterway, but does not include a marina.
classified road has the same meaning as in the Roads Act 1993.
Note—
The term is defined as follows—
classified road means any of the following—
(a)  a main road,
(b)  a highway,
(c)  a freeway,
(d)  a controlled access road,
(e)  a secondary road,
(f)  a tourist road,
(g)  a tollway,
(h)  a transitway,
(i)  a State work.
(See Roads Act 1993 for meanings of these terms.)
clearing native vegetation has the same meaning as in Part 5A of the Local Land Services Act 2013.
clearing vegetation has the same meaning as in State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017.
coastal hazard has the same meaning as in the Coastal Management Act 2016.
coastal lake means a body of water identified in Schedule 1 to State Environmental Planning Policy (Coastal Management) 2018.
coastal protection works has the same meaning as in the Coastal Management Act 2016.
coastal waters of the State—see section 58 of the Interpretation Act 1987.
coastal zone has the same meaning as in the Coastal Management Act 2016.
commercial premises means any of the following—
(a)  business premises,
(b)  office premises,
(c)  retail premises.
community facility means a building or place—
(a)  owned or controlled by a public authority or non-profit community organisation, and
(b)  used for the physical, social, cultural or intellectual development or welfare of the community,
but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.
community land has the same meaning as in the Local Government Act 1993.
correctional centre means—
(a)  any premises declared to be a correctional centre by a proclamation in force under section 225 of the Crimes (Administration of Sentences) Act 1999, including any juvenile correctional centre or periodic detention centre, and
(b)  any premises declared to be a detention centre by an order in force under section 5(1) of the Children (Detention Centres) Act 1987,
but does not include any police station or court cell complex in which a person is held in custody in accordance with any Act.
Council means the Mid-Coast Council.
crematorium means a building in which deceased persons or pets are cremated, whether or not it contains an associated building for conducting memorial services.
curtilage, in relation to a heritage item or conservation area, means the area of land (including land covered by water) surrounding a heritage item, a heritage conservation area, or building, work or place within a heritage conservation area, that contributes to its heritage significance.
dairy (pasture-based) means a dairy that is conducted on a commercial basis where the only restriction facilities present are milking sheds and holding yards and where cattle generally feed by grazing on living grasses and other plants on the land and are constrained for no more than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief).
Note—
Dairies (pasture-based) are a type of extensive agriculture—see the definition of that term in this Dictionary.
dairy (restricted) means a dairy that is conducted on a commercial basis where restriction facilities (in addition to milking sheds and holding yards) are present and where cattle have access to grazing for less than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief). It may comprise the whole or part of a restriction facility.
Note—
Dairies (restricted) are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
demolish, in relation to a heritage item or an Aboriginal object, or a building, work, relic or tree within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item, Aboriginal object or building, work, relic or tree.
depot means a building or place used for the storage (but not sale or hire) of plant, machinery or other goods (that support the operations of an existing undertaking) when not required for use, but does not include a farm building.
designated State public infrastructure means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds—
(a)  State and regional roads,
(b)  bus interchanges and bus lanes,
(c)  land required for regional open space,
(d)  land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes).
development control plan means—
(a)  if a development control plan existed for the local government area to which this Plan applies immediately before the commencement of this Plan—that Plan, or
(b)  if a development control plan did not exist for the local government area to which this Plan applies immediately before the commencement of this Plan—the development control plan made for a provision of this Plan.
drainage means any activity that intentionally alters the hydrological regime of any locality by facilitating the removal of surface or ground water. It may include the construction, deepening, extending, opening, installation or laying of any canal, drain or pipe, either on the land or in such a manner as to encourage drainage of adjoining land.
dual occupancy means a dual occupancy (attached) or a dual occupancy (detached).
Note—
Dual occupancies are a type of residential accommodation—see the definition of that term in this Dictionary.
dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling.
Note—
Dual occupancies (attached) are a type of dual occupancy—see the definition of that term in this Dictionary.
dual occupancy (detached) means 2 detached dwellings on one lot of land, but does not include a secondary dwelling.
Note—
Dual occupancies (detached) are a type of dual occupancy—see the definition of that term in this Dictionary.
dwelling means a room or suite 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 only one dwelling.
Note—
Dwelling houses are a type of residential accommodation—see the definition of that term in this Dictionary.
early education and care facility means a building or place used for the education and care of children, and includes any of the following—
(a)  a centre-based child care facility,
(b)  home-based child care,
(c)  school-based child care.
earthworks means excavation or filling.
ecologically sustainable development has the same meaning as in the Act.
eco-tourist facility means a building or place that—
(a)  provides temporary or short-term accommodation to visitors on a commercial basis, and
(b)  is located in or adjacent to an area with special ecological or cultural features, and
(c)  is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact.
It may include facilities that are used to provide information or education to visitors and to exhibit or display items.
Note—
See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities.
Eco-tourist facilities are not a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
educational establishment means a building or place used for education (including teaching), being—
(a)  a school, or
(b)  a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under an Act.
electricity generating works means a building or place used for the purpose of—
(a)  making or generating electricity, or
(b)  electricity storage.
emergency services facility means a building or place (including a helipad) used in connection with the provision of emergency services by an emergency services organisation.
emergency services organisation means any of the following—
(a)  Ambulance Service of New South Wales,
(b)  Fire and Rescue NSW,
(c)  NSW Rural Fire Service,
(d)  NSW Police Force,
(e)  State Emergency Service,
(f)  New South Wales Volunteer Rescue Association Incorporated,
(g)  New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001,
(h)  an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.
entertainment facility means a theatre, cinema, music hall, concert hall, dance hall and the like, but does not include a pub or registered club.
environmental facility means a building or place that provides for the recreational use or scientific study of natural systems, and includes walking tracks, seating, shelters, board walks, observation decks, bird hides or the like, and associated display structures.
environmental protection works means works associated with the rehabilitation of land towards its natural state or any work to protect land from environmental degradation, and includes bush regeneration works, wetland protection works, erosion protection works, dune restoration works and the like, but does not include coastal protection works.
estuary has the same meaning as in the Water Management Act 2000.
Note—
The term is defined as follows—
estuary means—
(a)  any part of a river whose level is periodically or intermittently affected by coastal tides, or
(b)  any lake or other partially enclosed body of water that is periodically or intermittently open to the sea, or
(c)  anything declared by the regulations (under the Water Management Act 2000) to be an estuary,
but does not include anything declared by the regulations (under the Water Management Act 2000) not to be an estuary.
excavation means the removal of soil or rock, whether moved to another part of the same site or to another site, but does not include garden landscaping that does not significantly alter the shape, natural form or drainage of the land.
exhibition home means a dwelling built for the purposes of the public exhibition and marketing of new dwellings, whether or not it is intended to be sold as a private dwelling after its use for those purposes is completed, and includes any associated sales or home finance office or place used for displays.
exhibition village means 2 or more exhibition homes and associated buildings and places used for house and land sales, site offices, advisory services, car parking, food and drink sales and other associated purposes.
extensive agriculture means any of the following—
(a)  the production of crops or fodder (including irrigated pasture and fodder crops) for commercial purposes,
(b)  the grazing of livestock (other than pigs and poultry) for commercial purposes on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the livestock,
(c)  bee keeping,
(d)  a dairy (pasture-based) where the animals generally feed by grazing on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the animals.
Note—
Extensive agriculture is a type of agriculture—see the definition of that term in this Dictionary.
extractive industry means the winning or removal of extractive materials (otherwise than from a mine) by methods such as excavating, dredging, tunnelling or quarrying, including the storing, stockpiling or processing of extractive materials by methods such as recycling, washing, crushing, sawing or separating, but does not include turf farming.
Note—
Extractive industries are not a type of industry—see the definition of that term in this Dictionary.
extractive material means sand, soil, gravel, rock or similar substances that are not minerals within the meaning of the Mining Act 1992.
farm building means a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling.
farm stay accommodation means a building or place that provides temporary or short-term accommodation to paying guests on a working farm as a secondary business to primary production.
Note—
See clause 5.4 for controls relating to the number of bedrooms.
Farm stay accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
feedlot means a confined or restricted area that is operated on a commercial basis to rear and fatten cattle, sheep or other animals, but does not include a poultry farm, dairy or pig farm.
Note—
Feedlots are a type of intensive livestock agriculture. Intensive livestock agriculture does not include extensive agriculture. See the definitions of those terms in this Dictionary.
fill means the depositing of soil, rock or other similar extractive material obtained from the same or another site, but does not include—
(a)  the depositing of topsoil or feature rock imported to the site that is intended for use in garden landscaping, turf or garden bed establishment or top dressing of lawns and that does not significantly alter the shape, natural form or drainage of the land, or
(b)  the use of land as a waste disposal facility.
filming means recording images (whether on film or video tape or electronically or by other means) for exhibition or broadcast (such as by cinema, television or the internet or by other means), but does not include—
(a)  still photography, or
(b)  recording images of a wedding ceremony or other private celebration or event principally for the purpose of making a record for the participants in the ceremony, celebration or event, or
(c)  recording images as a visitor or tourist for non-commercial purposes, or
(d)  recording for the immediate purposes of a television program that provides information by way of current affairs or daily news.
fish has the same meaning as in the Fisheries Management Act 1994.
Note—
The term is defined as follows—
Definition of “fish”
(1)  
Fish means marine, estuarine or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead).
(2)  
Fish includes—
(a)  oysters and other aquatic molluscs, and
(b)  crustaceans, and
(c)  echinoderms, and
(d)  beachworms and other aquatic polychaetes.
(3)  
Fish also includes any part of a fish.
(4)  
However, fish does not include whales, mammals, reptiles, birds, amphibians or other things excluded from the definition by the regulations under the Fisheries Management Act 1994.
flood mitigation work means work designed and constructed for the express purpose of mitigating flood impacts. It involves changing the characteristics of flood behaviour to alter the level, location, volume, speed or timing of flood waters to mitigate flood impacts. Types of works may include excavation, construction or enlargement of any fill, wall, or levee that will alter riverine flood behaviour, local overland flooding, or tidal action so as to mitigate flood impacts.
floor space ratio—see clause 4.5.
food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following—
(a)  a restaurant or cafe,
(b)  take away food and drink premises,
(c)  a pub,
(d)  a small bar.
Note—
Food and drink premises are a type of retail premises—see the definition of that term in this Dictionary.
forestry means forestry operations within the meaning of the Forestry Act 2012 or Part 5B of the Local Land Services Act 2013.
freight transport facility means a facility used principally for the bulk handling of goods for transport by road, rail, air or sea, including any facility for the loading and unloading of vehicles, aircraft, vessels or containers used to transport those goods and for the parking, holding, servicing or repair of those vehicles, aircraft or vessels or for the engines or carriages involved.
function centre means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility.
funeral home means premises that are used to arrange, conduct and cater for funerals and memorial services, whether or not the premises include facilities for the short-term storage, dressing and viewing of bodies of deceased persons.
Note—
Funeral homes are a type of business premises—see the definition of that term in this Dictionary.
garden centre means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment. It may include a restaurant or cafe and the sale of any of the following—
(a)  outdoor furniture and furnishings, barbecues, shading and awnings, pools, spas and associated supplies, and items associated with the construction and maintenance of outdoor areas,
(b)  pets and pet supplies,
(c)  fresh produce.
Note—
Garden centres are a type of retail premises—see the definition of that term in this Dictionary.
general industry means a building or place (other than a heavy industry or light industry) that is used to carry out an industrial activity.
Note—
General industries are a type of industry—see the definition of that term in this Dictionary.
gross floor area means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4 metres above the floor, and includes—
(a)  the area of a mezzanine, and
(b)  habitable rooms in a basement or an attic, and
(c)  any shop, auditorium, cinema, and the like, in a basement or attic,
but excludes—
(d)  any area for common vertical circulation, such as lifts and stairs, and
(e)  any basement—
(i)  storage, and
(ii)  vehicular access, loading areas, garbage and services, and
(f)  plant rooms, lift towers and other areas used exclusively for mechanical services or ducting, and
(g)  car parking to meet any requirements of the consent authority (including access to that car parking), and
(h)  any space used for the loading or unloading of goods (including access to it), and
(i)  terraces and balconies with outer walls less than 1.4 metres high, and
(j)  voids above a floor at the level of a storey or storey above.
ground level (existing) means the existing level of a site at any point.
ground level (finished) means, for any point on a site, the ground surface after completion of any earthworks (excluding any excavation for a basement, footings or the like) for which consent has been granted or that is exempt development.
ground level (mean) means, for any site on which a building is situated or proposed, one half of the sum of the highest and lowest levels at ground level (finished) of the outer surface of the external walls of the building.
group home means a permanent group home or a transitional group home.
Note—
Group homes are a type of residential accommodation—see the definition of that term in this Dictionary.
group home (permanent) or permanent group home means a dwelling—
(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b)  that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged,
but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
Note—
Permanent group homes are a type of group home—see the definition of that term in this Dictionary.
group home (transitional) or transitional group home means a dwelling—
(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b)  that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons formerly living in institutions or temporary accommodation comprising refuges for men, women or young people,
but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
Note—
Transitional group homes are a type of group home—see the definition of that term in this Dictionary.
hardware and building supplies means a building or place the principal purpose of which is the sale or hire of goods or materials, such as household fixtures, timber, tools, paint, wallpaper, plumbing supplies and the like, that are used in the construction and maintenance of buildings and adjacent outdoor areas.
Note—
Hardware and building supplies are a type of retail premises—see the definition of that term in this Dictionary.
hazardous industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), pose a significant risk in the locality—
(a)  to human health, life or property, or
(b)  to the biophysical environment.
Note—
Hazardous industries are a type of heavy industry—see the definition of that term in this Dictionary.
hazardous storage establishment means a building or place that is used for the storage of goods, materials or products and that would, 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 building or place from existing or likely future development on other land in the locality), pose a significant risk in the locality—
(a)  to human health, life or property, or
(b)  to the biophysical environment.
Note—
Hazardous storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
headland includes a promontory extending from the general line of the coastline into a large body of water, such as a sea, coastal lake or bay.
health care professional means any person registered under an Act for the purpose of providing health care.
health consulting rooms means premises comprising one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals at any one time.
Note—
Health consulting rooms are a type of health services facility—see the definition of that term in this Dictionary.
health services facility means a building or place used to provide medical or other services relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or treatment of injury to persons, and includes any of the following—
(a)  a medical centre,
(b)  community health service facilities,
(c)  health consulting rooms,
(d)  patient transport facilities, including helipads and ambulance facilities,
(e)  hospital.
heavy industrial storage establishment means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and that requires separation from other development because of the nature of the processes involved, or the goods, materials, plant or machinery stored, and includes any of the following—
(a)  a hazardous storage establishment,
(b)  a liquid fuel depot,
(c)  an offensive storage establishment.
heavy industry means a building or place used to carry out an industrial activity that requires separation from other development because of the nature of the processes involved, or the materials used, stored or produced, and includes—
(a)  hazardous industry, or
(b)  offensive industry.
It may also involve the use of a hazardous storage establishment or offensive storage establishment.
Note—
Heavy industries are a type of industry—see the definition of that term in this Dictionary.
helipad means a place not open to the public used for the taking off and landing of helicopters.
heliport means a place open to the public that is 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.
Note—
Heliports are a type of air transport facility—see the definition of that term in this Dictionary.
heritage conservation area means an area of land of heritage significance—
(a)  shown on the Heritage Map as a heritage conservation area, and
(b)  the location and nature of which is described in Schedule 5,
and includes any heritage items situated on or within that area.
heritage conservation management plan means a document prepared in accordance with guidelines prepared by the Public Service agency responsible to the Minister administering the Heritage Act 1977 that documents the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
heritage impact statement means a document consisting of—
(a)  a statement demonstrating the heritage significance of a heritage item or heritage conservation area, and
(b)  an assessment of the impact that proposed development will have on that significance, and
(c)  proposals for measures to minimise that impact.
heritage item means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 5.
Note—
An inventory of heritage items is also available at the office of the Council.
heritage management document means—
(a)  a heritage conservation management plan, or
(b)  a heritage impact statement, or
(c)  any other document that provides guidelines for the ongoing management and conservation of a heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.
heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
high technology industry means a building or place predominantly used to carry out an industrial activity that involves any of the following—
(a)  electronic or micro-electronic systems, goods or components,
(b)  information technology (such as computer software or hardware),
(c)  instrumentation or instruments of a scientific, industrial, technological, medical or similar nature,
(d)  biological, pharmaceutical, medical or paramedical systems, goods or components,
(e)  film, television or multi-media technologies, including any post production systems, goods or components,
(f)  telecommunications systems, goods or components,
(g)  sustainable energy technologies,
(h)  any other goods, systems or components intended for use in a science or technology related field,
but does not include a building or place used to carry out an industrial activity that presents a hazard or potential hazard to the neighbourhood or that, because of the scale and nature of the processes involved, interferes with the amenity of the neighbourhood.
Note—
High technology industries are a type of light industry—see the definition of that term in this Dictionary.
highway service centre means a building or place used to provide refreshments and vehicle services to highway users. It may include any one or more of the following—
(a)  a restaurant or cafe,
(b)  take away food and drink premises,
(c)  service stations and facilities for emergency vehicle towing and repairs,
(d)  parking for vehicles,
(e)  rest areas and public amenities.
home-based child care means a family day care residence (within the meaning of the Children (Education and Care Services) National Law (NSW)) at which the education and care service is provided at any one time to no more than 7 children (including any child of the person providing the service) all of whom are under the age of 13 years and no more than 4 of whom are children who do not ordinarily attend school.
Note—
A family day care residence is a residence at which a family day care educator educates and cares for children as part of a family day care service—see the Children (Education and Care Services) National Law (NSW).
home business means a business that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve—
(a)  the employment of more than 2 persons other than those residents, or
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or
(c)  the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or
(d)  the exhibition of any signage (other than a business identification sign), or
(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building,
but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
Note—
See clause 5.4 for controls relating to the floor area used for a home business.
home industry means a dwelling (or a building ancillary to a dwelling) used by one or more permanent residents of the dwelling to carry out an industrial activity that does not involve any of the following—
(a)  the employment of more than 2 persons other than those residents,
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,
(c)  the exposure to view, from any adjacent premises or from any public place, of any unsightly matter,
(d)  the exhibition of any signage (other than a business identification sign),
(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building,
but does not include bed and breakfast accommodation or sex services premises.
Note—
See clause 5.4 for controls relating to the floor area used for a home industry.
Home industries are a type of light industry—see the definition of that term in this Dictionary.
home occupation means an occupation that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve—
(a)  the employment of persons other than those residents, or
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or
(c)  the display of goods, whether in a window or otherwise, or
(d)  the exhibition of any signage (other than a business identification sign), or
(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
home occupation (sex services) means the provision of sex services in a dwelling that is a brothel, or in a building that is a brothel and is ancillary to such a dwelling, by no more than 2 permanent residents of the dwelling and that does not involve—
(a)  the employment of persons other than those residents, or
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, traffic generation or otherwise, or
(c)  the exhibition of any signage, or
(d)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include a home business or sex services premises.
horticulture means the cultivation of fruits, vegetables, mushrooms, nuts, cut flowers and foliage and nursery products for commercial purposes, but does not include a plant nursery, turf farming or viticulture.
Note—
Horticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
hospital means a building or place used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, psychiatric care or care for people with disabilities, or counselling 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 ancillary facilities for (or that consist of) any of the following—
(a)  day surgery, day procedures or health consulting rooms,
(b)  accommodation for nurses or other health care workers,
(c)  accommodation for persons receiving health care or for their visitors,
(d)  shops, kiosks, restaurants or cafes or take away food and drink premises,
(e)  patient transport facilities, including helipads, ambulance facilities and car parking,
(f)  educational purposes or any other health-related use,
(g)  research purposes (whether or not carried out by hospital staff or health care workers or for commercial purposes),
(h)  chapels,
(i)  hospices,
(j)  mortuaries.
Note—
Hospitals are a type of health services facility—see the definition of that term in this Dictionary.
hostel means premises that are generally staffed by social workers or support providers and at which—
(a)  residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and
(b)  cooking, dining, laundering, cleaning and other facilities are provided on a shared basis.
Note—
Hostels are a type of residential accommodation—see the definition of that term in this Dictionary.
hotel or motel accommodation means a building or place (whether or not licensed premises under the Liquor Act 2007) that provides temporary or short-term accommodation on a commercial basis and that—
(a)  comprises rooms or self-contained suites, and
(b)  may provide meals to guests or the general public and facilities for the parking of guests’ vehicles,
but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation.
Note—
Hotel or motel accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
industrial activity means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting or servicing of, or the research and development of, any goods, substances, food, products or articles for commercial purposes, and includes any storage or transportation associated with any such activity.
industrial retail outlet means a building or place that—
(a)  is used in conjunction with an industry (other than an artisan food and drink industry) or rural industry, and
(b)  is situated on the land on which the industry or rural industry is located, and
(c)  is used for the display or sale (whether by retail or wholesale) of only those goods that have been manufactured on the land on which the industry or rural industry is located,
but does not include a warehouse or distribution centre.
Note—
See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet.
industrial training facility means a building or place used in connection with vocational training in an activity (such as forklift or truck driving, welding or carpentry) that is associated with an industry, rural industry, extractive industry or mining, but does not include an educational establishment, business premises or retail premises.
industry means any of the following—
(a)  general industry,
(b)  heavy industry,
(c)  light industry,
but does not include—
(d)  rural industry, or
(e)  extractive industry, or
(f)  mining.
information and education facility means a building or place used for providing information or education to visitors, and the exhibition or display of items, and includes an art gallery, museum, library, visitor information centre and the like.
intensive livestock agriculture means the keeping or breeding, for commercial purposes, of cattle, poultry, pigs, goats, horses, sheep or other livestock, and includes any of the following—
(a)  dairies (restricted),
(b)  feedlots,
(c)  pig farms,
(d)  poultry farms,
but does not include extensive agriculture, aquaculture or the operation of facilities for drought or similar emergency relief.
Note—
Intensive livestock agriculture is a type of agriculture—see the definition of that term in this Dictionary.
intensive plant agriculture means any of the following—
(a)  the cultivation of irrigated crops for commercial purposes (other than irrigated pasture or fodder crops),
(b)  horticulture,
(c)  turf farming,
(d)  viticulture.
Note—
Intensive plant agriculture is a type of agriculture—see the definition of that term in this Dictionary.
jetty means a horizontal decked walkway providing access from the shore to the waterway and is generally constructed on a piered or piled foundation.
kiosk means premises that are used for the purposes of selling food, light refreshments and other small convenience items such as newspapers, films and the like.
Note—
See clause 5.4 for controls relating to the gross floor area of a kiosk.
Kiosks are a type of retail premises—see the definition of that term in this Dictionary.
landscaped area means a part of a site used for growing plants, grasses and trees, but does not include any building, structure or hard paved area.
landscaping material supplies means a building or place used for the storage and sale of landscaping supplies such as soil, gravel, potting mix, mulch, sand, railway sleepers, screenings, rock and the like.
Note—
Landscaping material supplies are a type of retail premises—see the definition of that term in this Dictionary.
light industry means a building or place used to carry out an industrial activity that does not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and includes any of the following—
(a)  high technology industry,
(b)  home industry,
(c)  artisan food and drink industry.
Note—
Light industries are a type of industry—see the definition of that term in this Dictionary.
liquid fuel depot means premises used for the bulk storage of petrol, oil, petroleum or other inflammable liquid for wholesale distribution and at which no retail trade is conducted.
Note—
Liquid fuel depots are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
livestock processing industry means a building or place used for the commercial production of products derived from the slaughter of animals (including poultry) or the processing of skins or wool of animals and includes abattoirs, knackeries, tanneries, woolscours and rendering plants.
Note—
Livestock processing industries are a type of rural industry—see the definition of that term in this Dictionary.
local distribution premises means a building or place used for the storage or handling of items (whether goods or materials) pending their delivery to people and businesses in the local area, but from which no retail sales are made.
Note—
Local distribution premises are a type of warehouse or distribution centre—see the definition of that term in this Dictionary.
maintenance, in relation to a heritage item, Aboriginal object or Aboriginal place of heritage significance, or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care, but does not include the removal or disturbance of existing fabric, alterations (such as carrying out extensions or additions) or the introduction of new materials or technology.
marina means a permanent boat storage facility (whether located wholly on land, wholly on a waterway or partly on land and partly on a waterway), and includes any of the following associated facilities—
(a)  any facility for the construction, repair, maintenance, storage, sale or hire of boats,
(b)  any facility for providing fuelling, sewage pump-out or other services for boats,
(c)  any facility for launching or landing boats, such as slipways or hoists,
(d)  any car parking or commercial, tourist or recreational or club facility that is ancillary to the boat storage facility,
(e)  any berthing or mooring facilities.
market means an open-air area, or an existing building, that is used for the purpose of selling, exposing or offering goods, merchandise or materials for sale by independent stall holders, and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis.
Note—
Markets are a type of retail premises—see the definition of that term in this Dictionary.
mean high water mark means the position where the plane of the mean high water level of all ordinary local high tides intersects the foreshore, being 1.44m above the zero of Fort Denison Tide Gauge and 0.515m Australian Height Datum.
medical centre means premises that are used for the purpose of providing health services (including preventative care, diagnosis, medical or surgical treatment, counselling or alternative therapies) to out-patients only, where such services are principally provided by health care professionals. It may include the ancillary provision of other health services.
Note—
Medical centres are a type of health services facility—see the definition of that term in this Dictionary.
mezzanine means an intermediate floor within a room.
mine means any place (including any excavation) where an operation is carried on for mining of any mineral by any method and any place on which any mining related work is carried out, but does not include a place used only for extractive industry.
mine subsidence district means a mine subsidence district proclaimed under section 15 of the Mine Subsidence Compensation Act 1961.
mining means mining carried out under the Mining Act 1992 or the recovery of minerals under the Offshore Minerals Act 1999, and includes—
(a)  the construction, operation and decommissioning of associated works, and
(b)  the rehabilitation of land affected by mining.
Note—
Mining is not a type of industry—see the definition of that term in this Dictionary.
mixed use development means a building or place comprising 2 or more different land uses.
mooring means a detached or freestanding apparatus located on or in a waterway and that is capable of securing a vessel, but does not include a mooring pen.
mooring pen means an arrangement of freestanding piles or other restraining devices designed or used for the purpose of berthing a vessel.
mortuary means premises that are used, or intended to be used, for the receiving, preparation, embalming and storage of bodies of deceased persons pending their interment or cremation.
moveable dwelling has the same meaning as in the Local Government Act 1993.
Note—
The term is defined as follows—
moveable dwelling means—
(a)  any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
(b)  a manufactured home, or
(c)  any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition.
multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.
Note—
Multi dwelling housing is a type of residential accommodation—see the definition of that term in this Dictionary.
native fauna means any animal-life that is indigenous to New South Wales or is known to periodically or occasionally migrate to New South Wales, whether vertebrate (including fish) or invertebrate and in any stage of biological development, but does not include humans.
native flora means any plant-life that is indigenous to New South Wales, whether vascular or non-vascular and in any stage of biological development, and includes fungi and lichens, and marine vegetation within the meaning of Part 7A of the Fisheries Management Act 1994.
native vegetation has the same meaning as in Part 5A of the Local Land Services Act 2013.
navigable waterway means any waterway that is from time to time capable of navigation and is open to or used by the public for navigation, but does not include flood waters that have temporarily flowed over the established bank of a watercourse.
neighbourhood shop means premises used for the purposes of selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank or dry cleaning, but does not include neighbourhood supermarkets or restricted premises.
Note—
See clause 5.4 for controls relating to the retail floor area of neighbourhood shops.
Neighbourhood shops are a type of shop—see the definition of that term in this Dictionary.
neighbourhood supermarket means premises the principal purpose of which is the sale of groceries and foodstuffs to provide for the needs of people who live or work in the local area.
Note—
See clause 5.4 for controls relating to the gross floor area of neighbourhood supermarkets.
Neighbourhood supermarkets are a type of shop—see the definition of that term in this Dictionary.
nominated State heritage item means a heritage item that—
(a)  has been identified as an item of State significance in a publicly exhibited heritage study adopted by the Council, and
(b)  the Council has, by notice in writing to the Heritage Council, nominated as an item of potential State significance.
non-potable water means water that does not meet the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.
offensive industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
Note—
Offensive industries are a type of heavy industry—see the definition of that term in this Dictionary.
offensive storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
Note—
Offensive storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
office premises means a building or place used for the purpose of administrative, clerical, technical, professional or similar activities that do not include dealing with members of the public at the building or place on a direct and regular basis, except where such dealing is a minor activity (by appointment) that is ancillary to the main purpose for which the building or place is used.
Note—
Office premises are a type of commercial premises—see the definition of that term in this Dictionary.
open cut mining means mining carried out on, and by excavating, the earth’s surface, but does not include underground mining.
operational land has the same meaning as in the Local Government Act 1993.
oyster aquaculture means the cultivation of any species of edible oyster for a commercial purpose.
Note—
Oyster aquaculture is a type of aquaculture—see the definition of that term in this Dictionary.
parking space means a space dedicated for the parking of a motor vehicle, including any manoeuvring space and access to it, but does not include a car park.
passenger transport facility means a building or place used for the assembly or dispersal of passengers by any form of transport, including facilities required for parking, manoeuvring, storage or routine servicing of any vehicle that uses the building or place.
people who are socially disadvantaged means—
(a)  people who are disadvantaged because of their alcohol or drug dependence, extreme poverty, psychological disorder or other similar disadvantage, or
(b)  people who require protection because of domestic violence or upheaval.
people with a disability means people of any age who, as a result of having an intellectual, psychiatric, sensory, physical or similar impairment, or a combination of such impairments, either permanently or for an extended period, have substantially limited opportunities to enjoy full and active lives.
pig farm means land that is used to keep or breed pigs for animal production, whether an indoor, outdoor, free-range or other type of operation.
Note—
Pig farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.
plant nursery means a building or place the principal purpose of which is the retail sale of plants that are grown or propagated on site or on an adjacent site. It may include the on-site sale of any such plants by wholesale and, if ancillary to the principal purpose for which the building or place is used, the sale of landscape and gardening supplies and equipment and the storage of these items.
Note—
Plant nurseries are a type of retail premises—see the definition of that term in this Dictionary.
pond-based aquaculture means aquaculture undertaken predominantly in ponds, raceways or dams (including any part of the aquaculture undertaken in tanks such as during the hatchery or depuration phases), but not including natural water-based aquaculture.
Note—
Pond-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical pond-based aquaculture is the pond culture of prawns, yabbies or silver perch.
port facilities means any of the following facilities at or in the vicinity of a designated port within the meaning of section 47 of the Ports and Maritime Administration Act 1995
(a)  facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b)  facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c)  wharves for commercial fishing operations,
(d)  refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e)  sea walls or training walls,
(f)  administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
potable water means water that meets the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.
poultry farm means land that is used to keep or breed poultry for animal production, whether for meat or egg production (or both) and whether an indoor, outdoor, free-range or other type of operation.
Note—
Poultry farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
private open space means an area external to a building (including an area of land, terrace, balcony or deck) that is used for private outdoor purposes ancillary to the use of the building.
property vegetation plan mean a property vegetation plan approved under Part 4 of the Native Vegetation Act 2003 before the repeal of that Act (as continued in force by the regulations under the Biodiversity Conservation Act 2016).
pub means licensed premises under the Liquor Act 2007 the principal purpose of which is the retail sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises.
Note—
Pubs are a type of food and drink premises—see the definition of that term in this Dictionary.
public administration building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes, and includes a courthouse or a police station.
public authority has the same meaning as in the Act.
public land has the same meaning as in the Local Government Act 1993.
public reserve has the same meaning as in the Local Government Act 1993.
public utility infrastructure includes infrastructure for any of the following—
(a)  the supply of water,
(b)  the supply of electricity,
(c)  the disposal and management of sewage.
public utility undertaking means any of the following undertakings carried on or permitted to be carried on by or by authority of any Public Service agency or under the authority of or in pursuance of any Commonwealth or State Act—
(a)  railway, road transport, water transport, air transport, wharf or river undertakings,
(b)  undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,
and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Public Service agency, corporation, firm or authority carrying on the undertaking.
rainwater tank means a tank designed for the storage of rainwater gathered on the land on which the tank is situated.
recreation area means a place used for outdoor recreation that is normally open to the public, and includes—
(a)  a children’s playground, or
(b)  an area used for community sporting activities, or
(c)  a public park, reserve or garden or the like,
and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).
recreation facility (indoor) means a building or place used predominantly for indoor recreation, whether or not operated for the purposes of gain, including a squash court, indoor swimming pool, gymnasium, table tennis centre, health studio, bowling alley, ice rink or any other building or place of a like character used for indoor recreation, but does not include an entertainment facility, a recreation facility (major) or a registered club.
recreation facility (major) means a building or place used for large-scale sporting or recreation activities that are attended by large numbers of people whether regularly or periodically, and includes theme parks, sports stadiums, showgrounds, racecourses and motor racing tracks.
recreation facility (outdoor) means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major).
Reduced Level (RL) means height above the Australian Height Datum, being the datum surface approximating mean sea level that was adopted by the National Mapping Council of Australia in May 1971.
registered club means a club that holds a club licence under the Liquor Act 2007.
relic has the same meaning as in the Heritage Act 1977.
Note—
The term is defined as follows—
relic means any deposit, artefact, object or material evidence that—
(a)  relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and
(b)  is of State or local heritage significance.
research station means a building or place operated by a public authority for the principal purpose of agricultural, environmental, fisheries, forestry, minerals or soil conservation research, and includes any associated facility for education, training, administration or accommodation.
residential accommodation means a building or place used predominantly as a place of residence, and includes any of the following—
(a)  attached dwellings,
(b)  boarding houses,
(c)  dual occupancies,
(d)  dwelling houses,
(e)  group homes,
(f)  hostels,
(g)  multi dwelling housing,
(h)  residential flat buildings,
(i)  rural workers’ dwellings,
(j)  secondary dwellings,
(k)  semi-detached dwellings,
(l)  seniors housing,
(m)  shop top housing,
but does not include tourist and visitor accommodation or caravan parks.
residential care facility means accommodation for seniors or people with a disability that includes—
(a)  meals and cleaning services, and
(b)  personal care or nursing care, or both, and
(c)  appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,
but does not include a dwelling, hostel, hospital or psychiatric facility.
Note—
Residential care facilities are a type of seniors housing—see the definition of that term in this Dictionary.
residential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling or multi dwelling housing.
Note—
Residential flat buildings are a type of residential accommodation— see the definition of that term in this Dictionary.
resource recovery facility means a building or place used for the recovery of resources from waste, including works or activities such as separating and sorting, processing or treating the waste, composting, temporary storage, transfer or sale of recovered resources, energy generation from gases and water treatment, but not including re-manufacture or disposal of the material by landfill or incineration.
Note—
Resource recovery facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.
respite day care centre means a building or place that is used for the care of seniors or people who have a disability and that does not provide overnight accommodation for people other than those related to the owner or operator of the centre.
restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided.
Note—
Restaurants or cafes are a type of food and drink premises—see the definition of that term in this Dictionary.
restricted premises means premises that, due to their nature, restrict access to patrons or customers over 18 years of age, and includes sex shops and similar premises, but does not include a pub, hotel or motel accommodation, home occupation (sex services) or sex services premises.
restriction facilities means facilities where animals are constrained for management purposes, including milking sheds, pads, feed stalls, holding yards and paddocks where the number of livestock exceeds the ability of vegetation to recover from the effects of grazing in a normal growing season, but does not include facilities for drought or similar emergency relief.
retail premises means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale), and includes any of the following;
(a)    (Repealed)
(b)  cellar door premises,
(c)  food and drink premises,
(d)  garden centres,
(e)  hardware and building supplies,
(f)  kiosks,
(g)  landscaping material supplies,
(h)  markets,
(i)  plant nurseries,
(j)  roadside stalls,
(k)  rural supplies,
(l)  shops,
(la)  specialised retail premises,
(m)  timber yards,
(n)  vehicle sales or hire premises,
but does not include highway service centres, service stations, industrial retail outlets or restricted premises.
Note—
Retail premises are a type of commercial premises—see the definition of that term in this Dictionary.
road means a public road or a private road within the meaning of the Roads Act 1993, and includes a classified road.
roadside stall means a place or temporary structure used for the retail sale of agricultural produce or hand crafted goods (or both) produced from the property on which the stall is situated or from an adjacent property.
Note—
See clause 5.4 for controls relating to the gross floor area of roadside stalls.
Roadside stalls are a type of retail premises—see the definition of that term in this Dictionary.
rural industry means the handling, treating, production, processing, storage or packing of animal or plant agricultural products for commercial purposes, and includes any of the following—
(a)  agricultural produce industries,
(b)  livestock processing industries,
(c)  composting facilities and works (including the production of mushroom substrate),
(d)  sawmill or log processing works,
(e)  stock and sale yards,
(f)  the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise.
Note—
Rural industries are not a type of industry—see the definition of that term in this Dictionary.
rural supplies means a building or place used for the display, sale or hire of stockfeeds, grains, seed, fertilizers, veterinary supplies and other goods or materials used in farming and primary industry production.
Note—
Rural supplies are a type of retail premises—see the definition of that term in this Dictionary.
rural worker’s dwelling means a building or place that is additional to a dwelling house on the same lot and that is used predominantly as a place of residence by persons employed, whether on a long-term or short-term basis, for the purpose of agriculture or a rural industry on that land.
Note—
Rural workers’ dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
sawmill or log processing works means a building or place used for handling, cutting, chipping, pulping or otherwise processing logs, baulks, branches or stumps, principally derived from surrounding districts, into timber or other products derived from wood.
Note—
Sawmill or log processing works are a type of rural industry—see the definition of that term in this Dictionary.
school means a government school or non-government school within the meaning of the Education Act 1990.
Note—
Schools are a type of educational establishment—see the definition of that term in this Dictionary.
school-based child care means a building or place within a school that is used to provide out-of-school-hours care (including vacation care) for school children only.
Note—
Accordingly, a building or place within a school that is used to provide out-of-school-hours care for both school children and pre-school children is not school-based child care.
secondary dwelling means a self-contained dwelling that—
(a)  is established in conjunction with another dwelling (the principal dwelling), and
(b)  is on the same lot of land as the principal dwelling, and
(c)  is located within, or is attached to, or is separate from, the principal dwelling.
Note—
See clause 5.4 for controls relating to the total floor area of secondary dwellings.
Secondary dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
self-storage units means premises that consist of individual enclosed compartments for storing goods or materials (other than hazardous or offensive goods or materials).
Note—
Self-storage units are a type of storage premises—see the definition of that term in this Dictionary.
semi-detached dwelling means a dwelling that is on its own lot of land and is attached to only one other dwelling.
Note—
Semi-detached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
seniors housing means a building or place that is—
(a)  a residential care facility, or
(c)  a group of self-contained dwellings, or
(d)  a combination of any of the buildings or places referred to in paragraphs (a)–(c),
and that is, or is intended to be, used permanently for—
(e)  seniors or people who have a disability, or
(f)  people who live in the same household with seniors or people who have a disability, or
(g)  staff employed to assist in the administration of the building or place or in the provision of services to persons living in the building or place,
but does not include a hospital.
Note—
Seniors housing is a type of residential accommodation—see the definition of that term in this Dictionary.
service station means a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following—
(a)  the ancillary sale by retail of spare parts and accessories for motor vehicles,
(b)  the cleaning of motor vehicles,
(c)  installation of accessories,
(d)  inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),
(e)  the ancillary retail selling or hiring of general merchandise or services or both.
serviced apartment means a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.
Note—
Serviced apartments are a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
sewage reticulation system means a building or place used for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated waste for use or disposal, including associated—
(a)  pipelines and tunnels, and
(b)  pumping stations, and
(c)  dosing facilities, and
(d)  odour control works, and
(e)  sewage overflow structures, and
(f)  vent stacks.
Note—
Sewage reticulation systems are a type of sewerage system—see the definition of that term in this Dictionary.
sewage treatment plant means a building or place used for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply.
Note—
Sewage treatment plants are a type of sewerage system—see the definition of that term in this Dictionary.
sewerage system means any of the following—
(a)  biosolids treatment facility,
(b)  sewage reticulation system,
(c)  sewage treatment plant,
(d)  water recycling facility,
(e)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(d).
sex services means sexual acts or sexual services in exchange for payment.
sex services premises means a brothel, but does not include home occupation (sex services).
shop means premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop and neighbourhood supermarket, but does not include food and drink premises or restricted premises.
Note—
Shops are a type of retail premises—see the definition of that term in this Dictionary.
shop top housing means one or more dwellings located above ground floor retail premises or business premises.
Note—
Shop top housing is a type of residential accommodation—see the definition of that term in this Dictionary.
signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes any of the following—
(a)  an advertising structure,
(b)  a building identification sign,
(c)  a business identification sign,
but does not include a traffic sign or traffic control facilities.
site area means the area of any land on which development is or is to be carried out. The land may include the whole or part of one lot, or more than one lot if they are contiguous to each other, but does not include the area of any land on which development is not permitted to be carried out under this Plan.
Note—
The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.
site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage—
(a)  any basement,
(b)  any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,
(c)  any eaves,
(d)  unenclosed balconies, decks, pergolas and the like.
small bar means a small bar within the meaning of the Liquor Act 2007.
Note—
Small bars are a type of food and drink premises—see the definition of that term in this Dictionary.
spa pool has the same meaning as in the Swimming Pools Act 1992.
Note—
The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
specialised retail premises means a building or place the principal purpose of which is the sale, hire or display of goods that are of a size, weight or quantity, that requires—
(a)  a large area for handling, display or storage, or
(b)  direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,
but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale, hire or display of other goods referred to in this definition.
Note—
Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies.
Specialised retail premises are a type of retail premises—see the definition of that term in this Dictionary.
stock and sale yard means a building or place that is used on a commercial basis for the purpose of offering livestock or poultry for sale and that may be used for the short-term storage and watering of stock.
Note—
Stock and sale yards are a type of rural industry—see the definition of that term in this Dictionary.
storage premises means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and where the storage is not ancillary to any industry, business premises or retail premises on the same parcel of land, and includes self-storage units, but does not include a heavy industrial storage establishment or a warehouse or distribution centre.
storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include—
(a)  a space that contains only a lift shaft, stairway or meter room, or
(b)  a mezzanine, or
(c)  an attic.
swimming pool has the same meaning as in the Swimming Pools Act 1992.
Note—
The term is defined as follows—
swimming pool means an excavation, structure or vessel—
(a)  that is capable of being filled with water to a depth of 300 millimetres or more, and
(b)  that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.
take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises.
Note—
Take away food and drink premises are a type of food and drink premises—see the definition of that term in this Dictionary.
tank-based aquaculture means aquaculture undertaken exclusively in tanks, but not including natural water-based aquaculture.
Note—
Tank-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical tank-based aquaculture is the tank culture of barramundi or abalone.
telecommunications facility means—
(a)  any part of the infrastructure of a telecommunications network, or
(b)  any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or
(c)  any other thing used in or in connection with a telecommunications network.
telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both.
temporary structure has the same meaning as in the Act.
Note—
The term is defined as follows—
temporary structure includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure.
timber yard means a building or place the principal purpose of which is the sale of sawn, dressed or treated timber, wood fibre boards or similar timber products. It may include the cutting of such timber, boards or products to order and the sale of hardware, paint, tools and materials used in conjunction with the use and treatment of timber.
Note—
Timber yards are a type of retail premises—see the definition of that term in this Dictionary.
tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following—
(a)  backpackers’ accommodation,
(b)  bed and breakfast accommodation,
(c)  farm stay accommodation,
(d)  hotel or motel accommodation,
(e)  serviced apartments,
but does not include—
(f)  camping grounds, or
(g)  caravan parks, or
(h)  eco-tourist facilities.
transport depot means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a business, industry, shop or passenger or freight transport undertaking.
truck depot means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like.
turf farming means the commercial cultivation of turf for sale and the removal of turf for that purpose.
Note—
Turf farming is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
underground mining means—
(a)  mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and
(b)  shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),
but does not include open cut mining.
urban release area means an area of land shown as “Urban Release Area” on the Urban Release Area Map.
vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel building, panel beating, spray painting or chassis restoration.
vehicle repair station means a building or place used for the purpose of carrying out repairs to, or the selling and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop or vehicle sales or hire premises.
vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.
Note—
Vehicle sales or hire premises are a type of retail premises—see the definition of that term in this Dictionary.
veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment.
viticulture means the cultivation of grapes for use in the commercial production of fresh or dried fruit or wine.
Note—
Viticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
warehouse or distribution centre means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made, and includes local distribution premises.
waste disposal facility means a building or place used for the disposal of waste by landfill, incineration or other means, including such works or activities as recycling, resource recovery and other resource management activities, energy generation from gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal.
Note—
Waste disposal facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.
waste or resource management facility means any of the following—
(a)  a resource recovery facility,
(b)  a waste disposal facility,
(c)  a waste or resource transfer station,
(d)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
waste or resource transfer station means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport.
Note—
Waste or resource transfer stations are a type of waste or resource management facility—see the definition of that term in this Dictionary.
water recreation structure means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.
water recycling facility means a building or place used for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including, in particular, sewer mining works), whether the facility stands alone or is associated with other development, and includes associated—
(a)  retention structures, and
(b)  treatment works, and
(c)  irrigation schemes.
Note—
Water recycling facilities are a type of sewerage system—see the definition of that term in this Dictionary.
water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure and dosing facilities.
Note—
Water reticulation systems are a type of water supply system—see the definition of that term in this Dictionary.
water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.
Note—
Water storage facilities are a type of water supply system—see the definition of that term in this Dictionary.
water supply system means any of the following—
(a)  a water reticulation system,
(b)  a water storage facility,
(c)  a water treatment facility,
(d)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
water treatment facility means a building or place used for the treatment of water (such as a desalination plant or a recycled or reclaimed water plant) whether the water produced is potable or not, and includes residuals treatment, storage and disposal facilities, but does not include a water recycling facility.
Note—
Water treatment facilities are a type of water supply system—see the definition of that term in this Dictionary.
waterbody means a waterbody (artificial) or waterbody (natural).
waterbody (artificial) or artificial waterbody means an artificial body of water, including any constructed waterway, canal, inlet, bay, channel, dam, pond, lake or artificial wetland, but does not include a dry detention basin or other stormwater management construction that is only intended to hold water intermittently.
waterbody (natural) or natural waterbody means a natural body of water, whether perennial or intermittent, fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes a river, creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal waters (including the sea).
watercourse means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include a waterbody (artificial).
waterway means the whole or any part of a watercourse, wetland, waterbody (artificial) or waterbody (natural).
wetland means—
(a)  natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b)  artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
wharf or boating facilities means a wharf or any of the following facilities associated with a wharf or boating that are not port facilities—
(a)  facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b)  facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c)  wharves for commercial fishing operations,
(d)  refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e)  sea walls or training walls,
(f)  administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
wholesale supplies means a building or place used for the display, sale or hire of goods or materials by wholesale only to businesses that have an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.