Part 1 Preliminary

Part 1 Preliminary

1 Name of plan

1 Name of plan

This plan is Bega Valley Local Environmental Plan 2002.

2 Aims of plan

2 Aims of plan

This plan aims to establish the framework for future development within the local government area of Bega Valley and to achieve the following objectives—

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

(a) to ensure a balanced approach to development which is sensitive to both the economic and social needs of the community,

(b) to protect and improve the economic, natural, social and cultural resources within the Council’s area,

(c) to encourage the efficient and effective delivery of services, and

(d) to recognise, protect and improve the inherent natural and built character of the Council’s area,

(e) to ensure that development has regard to the principles of ecologically sustainable development.

cl 2: Am 2020 (724), Sch 2[1].

3 Land to which plan applies

3 Land to which plan applies

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

4 Effect of the plan on other environmental planning instruments

4 Effect of the plan on other environmental planning instruments

Bega Valley Local Environmental Plan 1987 is repealed.

5 Consent authority

5 Consent authority

The Council is the consent authority for the purposes of this plan, subject to the Act.

6 Exempt and complying development

6 Exempt and complying development

(1) Development of minimal environmental impact listed as exempt development in Schedule 1 to Bega Valley Development Control Plan No 98—Exempt and Complying Development as adopted by the Council on 27 November 2001 is exempt development, despite any other provision of this plan.

(2) Development listed as complying development in Schedule 2 to Bega Valley Development Control Plan No 98—Exempt and Complying Development as adopted by the Council on 27 November 2001 is complying development if—

(a) it is local development of a kind that can be carried out with consent on the land which it is proposed, and

(b) it is not an existing use, as defined in section 106 of the Act.

(3) Development is exempt or complying development only if it complies with all development standards and other requirements applied to the development by the relevant provisions of the development control plan referred to in subclause (1) or (2).

(4) A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Schedule 3 to Bega Valley Development Control Plan No 98—Exempt and Complying Development as in force when the certificate is issued.

7 General provisions in relation to the development

7 General provisions in relation to the development

Land is within one of the following zones if it is shown on the zoning map with the relevant lettering for the zone described below—

Zone 1 (a) (Rural General Zone)—lettered 1 (a)

Zone 1 (c) (Rural Small Holdings Zone)—lettered 1 (c)

Zone 1 (f) (Rural Forestry Zone)—lettered 1 (f)

Zone 2 (a) (Residential Low Density Zone)—lettered 2 (a)

Zone 2 (b) (Residential Medium Density Zone)—lettered 2 (b)

Zone 2 (c) (Residential Tourist Zone)—lettered 2 (c)

Zone 2 (e) (Urban Zone)—lettered 2 (e)

Zone 2 (f) (Future Urban Zone)—lettered 2 (f)

Zone 2 (v) (Village Zone)—lettered 2 (v)

Zone 3 (a) (General Business Zone)—lettered 3 (a)

Zone 3 (b) (Special Business Zone)—lettered 3 (b)

Zone 4 (a) (Industrial Zone)—lettered 4 (a)

Zone 5 (a) (Special Uses Zone)—lettered 5 (a)

Zone 6 (a) (Existing Open Space Zone)—lettered 6 (a)

Zone 6 (c) (Private Open Space Zone)—lettered 6 (c)

Zone 7 (b) (Environment Protection Foreshore Zone)—lettered 7 (b)

Zone 7 (d) (Environment Protection General Zone)—lettered 7 (d)

Zone 7 (f1) (Coastal Lands Protection Zone)—lettered 7 (f1)

Zone 7 (f2) (Coastal Lands Acquisition Zone)—lettered 7 (f2)

Zone 8 (National Parks and Nature Reserves Zone)—lettered 8

Zone 9 (c) (Arterial Road Reservation Zone)—lettered 9 (c)

Zone 9 (d) (Local Road Reservation Zone)—lettered 9 (d)

8 Zone objectives and development control table

8 Zone objectives and development control table

(1) The objectives of a zone are set out in Parts 2–9 in the clause headed “General controls for development” for the zone under the heading “Objectives of the zone”.

(2) Except as otherwise provided by this plan, for each zone specified in a “General controls for development” clause, the development that—

(a) may be carried out without development consent, and

(b) may be carried out only with development consent, and

(c) is prohibited,

is indicated in that clause under the headings “Allowed without development consent”, “Allowed only with development consent” and “Prohibited” respectively, appearing in the matter relating to the zone.

(3) Consent must not be granted to development proposed within a zone unless the consent authority has taken into consideration such of the objectives of the zone as are relevant to the proposal and is satisfied that the development is consistent with those objectives.

9 Definitions

9 Definitions

(1) In this plan—

(a) terms defined in the Dictionary at the end of this plan have the same meanings as are set out in the Dictionary, and

(b) a reference to a building, work or place used for a purpose includes a reference to a building, work or place proposed to be used for the purpose, and

(c) a reference to a map is a reference to a map kept in the office of the Council.

(2) Notes in this plan do not form part of this plan.

cl 9: Am 2008 (128), Sch 1.3 [1].

10 Model Provisions

10 Model Provisions

(1) This plan adopts Part 1 and clauses 5, 7, 8, 9, 10, 11, 12, 14, 24, 33 and 35 of, and Schedule 1 to, the Environmental Planning and Assessment Model Provisions 1980.

(2) For the purposes of this plan, the Environmental Planning and Assessment Model Provisions 1980, shall be read as if clause 8 of Schedule 1 to those provisions extends to the widening of a road on land acquired by the Council for that purpose, despite anything to the contrary in that clause.

11 Saving for undetermined applications

11 Saving for undetermined applications

(1) A development application—

(a) that relates to land to which this plan applies, and

(b) that was lodged before the appointed day, but was not finally determined before that day,

is to be determined as if the plan had been exhibited but had not been made.

(2) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 must be determined as if that policy had not commenced.

cl 11: Am 2023 (524), Sch 1.1[2].

Part 2 Rural zone provisions

Part 2 Rural zone provisions

12 General controls for development—Zone 1 (a) (Rural General Zone)

12 General controls for development—Zone 1 (a) (Rural General Zone)

(1) Land within the zone Land is within Zone 1 (a) (the Rural General Zone) if it is shown lettered 1 (a) on the zoning map.

(2) Objectives of the zone The objectives of Zone 1 (a) are as follows—

(a) to encourage continued growth in the area’s rural economic base,

(b) to encourage other forms of development, including tourism, that are compatible with agricultural activities and do not create undesirable environmental and cultural impacts,

(c) to protect and conserve the productive potential of prime crop and pasture land,

(d) to maintain the scenic amenity and landscape quality of the area,

(e) to promote the protection, and the preservation and enhancement, of natural ecological systems and processes,

(f) to provide proper and coordinated use and protection of rivers, riparian corridors and water catchment areas,

(g) to promote the economic provision of services compatible with the nature and intensity of development and the character of the area,

(h) to ensure that development and management of the land has minimal impact on water quality and environmental flows of receiving waters,

(i) to maintain significant features of natural and cultural heritage.

(3) Allowed without development consent Development for the purpose of—

agriculture; environmental facilities; farm forestry.

(4) Allowed only with development consent Any development not included in subclause (3) or (5).

(5) Prohibited Development for the purpose of—

advertisements not displaying how the land is lawfully used or directional information; boarding houses; brothels; bulk stores; bulky goods retail outlets; caretakers’ residences; commercial premises; detached dual occupancies; exhibition homes; granny flats; heavy industries; hostels; hotels; medical centres; motels; motor showrooms; multi unit housing; public buildings; recreation facilities; refreshment rooms; serviced apartments; sex shops; shops; warehouses.

13 General controls for development—Zone 1 (c) (Rural Small Holdings Zone)

13 General controls for development—Zone 1 (c) (Rural Small Holdings Zone)

(1) Land within the zone Land is within Zone 1 (c) (the Rural Small Holdings Zone) if it is shown and lettered 1 (c) on the zoning map.

(2) Objectives of the zone The objectives of Zone 1 (c) are as follows—

(a) to facilitate and provide rural residential development in appropriate locations, taking into account natural constraints and agricultural land,

(b) to maintain and enhance the character, amenity and landscape quality of rural residential areas,

(c) to control the intensity of rural residential development having regard to the physical limitations of the land and the costs and limitations of the provision of public amenities and services,

(d) to provide opportunities for an agricultural use of the land that is compatible with surrounding residential development.

(3) Allowed without development consent Development for the purpose of—

agriculture; environmental facilities.

(4) Allowed only with development consent Development for the purpose of—

animal establishments; aquaculture; attached dual occupancies; bed and breakfast establishments; child care centres; clearing of land; community facilities; craft studios; detached dual occupancies; dwelling houses; educational establishments; farm forestry; granny flats; home businesses; home industries; intensive horticulture; places of public worship; professional consulting rooms; reception establishments; recreation areas; recreation establishments; retail plant nurseries; riding schools; tourist accommodation; utility installations; veterinary establishments.

(5) Prohibited Any development not included in subclause (3) or (4).

14 General controls for development—Zone 1 (f) (Rural Forestry Zone)

14 General controls for development—Zone 1 (f) (Rural Forestry Zone)

(1) Land within the zone Land is within Zone 1 (f) (the Rural Forestry Zone) if it is shown lettered 1 (f) on the zoning map.

(2) Objectives of the zone The objectives of Zone 1 (f) are as follows—

(a) to enable the continuance and expansion of forestry and development for associated purposes,

(b) to promote, encourage and facilitate the implementation of the principles of ecologically sustainable development as they relate to the activities undertaken within the zone,

(c) to maintain the scenic amenity and landscape quality of the area.

(3) Allowed without development consent Development for the purpose of—

agriculture; environmental facilities; picnic grounds; roads; any land use authorised by or under the Forestry Act 1916; utility installations.

(4) Allowed only with development consent Development for the purpose of—

camp sites; extractive industries; mines; outdoor recreation.

(5) Prohibited Any development not included in subclause (3) or (4).

15 Controls for subdivision for the purposes of agriculture within Zone 1 (a)

15 Controls for subdivision for the purposes of agriculture within Zone 1 (a)

(1) This clause applies to land within Zone 1 (a).

(2) Consent may be granted to the creation of an allotment of any area for the purpose of agriculture.

(3) However, consent must not be granted to the creation of an allotment for the purpose of agriculture if the allotment will have an area of less than 120 hectares and there will be a dwelling house on the allotment.

16

16 (Repealed)

17 Controls for erecting dwelling houses within Zone 1 (a)

17 Controls for erecting dwelling houses within Zone 1 (a)

(1) Despite any other provision of this plan except this clause, consent must not be granted to the erection of a dwelling house on an allotment in Zone 1 (a) unless the land—

(a) comprises an allotment of not less than 120 hectares, or

(b) comprises an allotment created for the purpose of a dwelling house by a subdivision for which consent has been granted,

(c) comprises an allotment identified as the residue in a subdivision for which consent has been granted for the excision of allotments for the purpose of a dwelling house, or

(d) comprises an existing holding on which there is no other dwelling house and the consent authority is satisfied that—

(i) the land is of sufficient size and the soils are of appropriate quality for the effective on-site disposal of domestic waste, and

(ii) the erection of a dwelling house will not create or increase any demand for the uneconomic provision or upgrading of roads and other utilities to that land.

(2) Notwithstanding any other provision of this clause, consent may be granted to the erection of a dwelling house on an allotment (including a portion of a Parish or a lot in a Crown plan) within Zone 1 (a) that was lawfully created prior to 7 January 1966 and that is not an existing holding if the consent authority is satisfied that—

(a) the erection of the dwelling house will not create any substantial conflict with the objectives of the zone, and

(b) the erection of a dwelling house will not create or increase demand for the uneconomic provision of services to the locality, and

(c) (Repealed)

(3) (Repealed)

(4) Consent may be granted to a development application made pursuant to subclause (2) for land within an existing holding that at 1 July 2000 was owned separately from any other land within the existing holding, even where that development application does not comply with one or more of paragraphs (d), (e), (f), (g), (h) and (l) of subclause (5) if a dwelling house was otherwise permissible on the land immediately prior to the commencement of this plan.

(5) Consent must not be granted to the erection of a dwelling house pursuant to subclause (2) on any land unless the consent authority is satisfied that—

(a) the land has a suitable dwelling house site, and

(b) use of the land and the dwelling house will not adversely affect the economic viability of existing farmland, and

(c) the dwelling house will not be located near operational aspects of a farm, and

(d) the land is located outside areas designated as Class 1 or 2 in the New South Wales Department of Agriculture’s “Agricultural Land Classification Atlas, Far South Coast Region New South Wales” dated August 1986, and

(e) the land is not part of an inholding within a national park within the meaning of the National Parks and Wildlife Act 1974, and

(f) the dwelling house will not be located within 100m of the boundary of a national park or nature reserve within the meaning of the National Parks and Wildlife Act 1974, and

(g) the dwelling house has legal and practical access to an existing Council-maintained public road, and

(h) use of the land and the dwelling house will not create a need for any additional access onto a State highway or an arterial road, and

(i) the dwelling house will be located outside any areas of bushfire hazard identified by the Council, and

(j) the dwelling house is to be serviced by existing electricity reticulation or short extensions from the existing reticulation network, or utilises alternative stand-alone electric power systems, and

(k) the land has soils suitable for on-site sewage management disposal, and

(l) the land does not contain or adjoin perennial streams and does not have access by easement for drawing water from perennial streams, and

(m) the dwelling house and its use will not adversely affect important features of cultural or natural heritage nor disrupt regional ecological systems or processes.

(6) Nothing in subclause (1) shall prevent the erection of a dwelling house on land in Zone 1 (a) on which another dwelling house has been lawfully erected if the first mentioned dwelling house is intended to replace the other dwelling house and is not to be occupied until the other dwelling house is demolished or its occupation has permanently ceased.

(7) Despite any other provision of this plan, consent may be granted to the erection of a dwelling house on an allotment in Zone 1 (a) resulting from a minor boundary adjustment, consolidation, road widening or acquisition for a public purpose or a combination of these where the consent authority is satisfied that the allotment is substantially the same as the allotment that existed immediately prior to the minor boundary adjustment, consolidation, road widening or acquisition for a public purpose and the erection of a dwelling house would be permissible on that former allotment under this clause.

In this subclause, minor boundary adjustment means an alteration of a boundary between allotments—

(a) that does not result in the creation of any additional number of allotments, and

(b) that the consent authority is satisfied is of a minor nature and will not result in any significant adverse environmental effect.

(8) In considering whether to grant consent to a development application made pursuant to subclause (6) or (7), the consent authority must have regard to the matters for consideration listed in subclause (5).

(9) Consent may be granted to the erection of a second dwelling house on any allotment in Zone 1 (a) on which a dwelling house may be erected under this clause, subject to the following—

(a) compliance with all requirements under this plan that would apply if only one dwelling house was proposed to be erected on the allotment, and

(b) the development resulting in not more than two dwellings on the allotment, and

(c) the land not being used for an ecotourism facility or tourist accommodation.

(10) An allotment in Zone 1 (a) containing more than one dwelling house shall not be subdivided except in conformity with clause 15.

cl 17: Am 2007 (362), Sch 1 [1]; 2008 (128), Sch 1.3 [3] [4].

17A Dwelling entitlements on existing concessional lots

17A Dwelling entitlements on existing concessional lots

The amendment of this plan by the State Environmental Planning Policy (Rural Lands) 2008 does not affect any entitlement arising under a provision of this plan (as in force before that amendment) to erect a dwelling house on a lot, if—

(a) the lot was created before that commencement, or

(b) development consent to the creation of the lot was applied for, or granted, before that commencement.

cl 17A: Ins 2008 (128), Sch 1.3 [5].

18 Controls for subdivision for other purposes within Zone 1 (a)

18 Controls for subdivision for other purposes within Zone 1 (a)

(1) This clause applies to land in Zone 1 (a).

(2) Consent may be granted to the subdivision of land to create an allotment that, in the opinion of the consent authority, is intended to be used for a purpose other than agriculture or a dwelling house provided that—

(a) none of the land to be subdivided is prime crop and pasture land, and

(b) the area of each allotment to be created by the subdivision is appropriate having regard to the purpose for which it is being created, and

(c) the purpose for which the allotment is to be used involves the supply of goods or services for which there is a demand in the locality, and

(d) the proposed use of the allotment is consistent with the objectives of the zone.

Note—

Clause 9 of the State Environmental Planning Policy (Rural Lands) 2008 enables subdivision of lots smaller than allowed by this plan for the purposes of primary production.

cl 18: Am 2008 (128), Sch 1.3 [6].

19 Development in Zone 1 (c)

19 Development in Zone 1 (c)

(1) Consent must not be granted to a subdivision of land within Zone 1 (c) which creates allotments intended to be used for the erection of dwelling houses, if the proposed allotments will have an area of less than 5,000 square metres.

(2) Before granting consent to the subdivision of land within Zone 1 (c) the consent authority must assess whether the size of each proposed allotment is appropriate. The following matters must be taken into consideration—

(a) the ability of the land to accommodate on-site disposal of household waste water,

(b) the standard and capacity of public roads serving the land, having regard to the likely volume of traffic to be generated as a consequence of the density of the subdivision and the means available to improve roads to a standard appropriate to the level of traffic likely to be generated,

(c) the availability of other utility services and social services, having regard to the likely demand for those services and the costs of their provision,

(d) the size of the proposed allotments having regard to the desirable sequence of development of land within Zone 1 (c),

(e) the likely impact the development will have on other land and, in particular, on land located between the land to be subdivided and major public roads and utility services,

(f) the nature and topography of the land having regard to the density of subdivision,

(g) the desirability of maintaining a low density of development in the primary catchment areas of lakes and waterways, areas of relatively high agricultural production potential or other areas where intensive subdivision may create a significant risk of soil erosion or pollution of the environment,

(h) the desirability of providing a range and mix of allotment sizes,

(i) the need to maintain a semi-rural character in the area, and

(j) the purpose for which the land is to be used after subdivision.

(3) In considering the design of a proposed subdivision of land within Zone 1 (c), the consent authority must have regard to—

(a) where the land may, in the opinion of the consent authority, be suitable for long-term urban development, whether the subdivision has been designed to facilitate its possible future resubdivision, and

(b) the necessity for and ability to construct a dam on each proposed allotment, and

(c) whether the subdivision will enable the subsequent erection of dwelling houses in a manner that appropriately relates dwellings to each other and to the topography of the land, and

(d) the risk of bushfires, and

(e) the extent to which the layout and orientation of allotments and the subsequent siting of dwelling houses on those allotments will minimise potential visual, nuisance or other conflicts related to existing and potential development on land in an adjoining zone, and

(f) features of cultural and natural heritage and landscape elements that are important for maintaining functioning ecological systems.

(4) Consent must not be granted to the subdivision of land within Zone 1 (c) which has frontage to an arterial road unless vehicular access to each proposed allotment is provided by a road other than the arterial road, except where—

(a) an existing vehicular access point to the arterial road is able to be retained or relocated to serve no more than 2 proposed allotments, or

(b) it is unreasonable or impracticable to provide alternative access, and,

in either case, vehicular access points are located and designed so as to minimise potential traffic hazards.

(5) A person shall not erect a dwelling house on land within Zone 1 (c) having an area of less than 5,000 square metres.

(6) Consent must not be granted to the subdivision of attached or detached dual occupancy development within Zone 1 (c).

Part 3 Urban zone provisions

Part 3 Urban zone provisions

20 General controls for development—Zone 2 (a) (Residential Low Density Zone)

20 General controls for development—Zone 2 (a) (Residential Low Density Zone)

(1) Land within the zone Land is within Zone 2 (a) (the Residential Low Density Zone) if it is shown lettered 2 (a) on the zoning map.

(2) Objectives of the zone The objectives of Zone 2 (a) are as follows—

(a) to allow residential development, including dwelling houses and attached dual occupancies,

(b) to maintain and enhance the character of residential areas, to promote good design,

(c) to enable development which serves the needs of people in the residential areas,

(d) to ensure that development does not have an unacceptable impact on adjoining land, by way of shadowing, invasion of privacy, noise and the like.

(3) Allowed without development consent Development for the purpose of—

environmental facilities.

(4) Allowed only with development consent Development for the purpose of—

attached dual occupancies; bed and breakfast establishments; boarding houses; child care centres; clearing of land; community centres; convenience stores; dwelling houses; educational establishments; exhibition homes; granny flats; home businesses; home industries; hospitals; hostels; housing for older people or people with a disability; places of public worship; professional consulting rooms; recreation areas; utility installations.

(5) Prohibited Any development not included in subclause (3) or (4).

21 General controls for development—Zone 2 (b) (Residential Medium Density Zone)

21 General controls for development—Zone 2 (b) (Residential Medium Density Zone)

(1) Land within the zone Land is within Zone 2 (b) (the Residential Medium Density Zone) if it is shown lettered 2 (b) on the zoning map.

(2) Objectives of the zone The objectives of Zone 2 (b) are as follows—

(a) to recognise land suitable to accommodate a range of residential densities and a variety of medium density housing styles,

(b) to encourage innovative and environmentally sustainable design and development of medium density housing which protects and enhances the streetscape,

(c) to provide for other forms of development which may appropriately be located in the zone,

(d) to ensure non-residential development is of a type, scale and character which will maintain an acceptable level of residential amenity.

(3) Allowed without development consent Development for the purpose of—

environmental facilities.

(4) Allowed only with development consent Development for the purpose of—

bed and breakfast establishments; boarding houses; child care centres; clearing of land; community centres; convenience stores; dwelling houses; educational establishments; exhibition homes; granny flats; guest houses; home businesses; home industries; hospitals; hostels; housing for older people or people with a disability; motels; multi unit housing; places of public worship; professional consulting rooms; recreation areas; serviced apartments; utility installations.

(5) Prohibited Any development not included in subclause (3) or (4).

22 General controls for development—Zone 2 (c) (Residential Tourist Zone)

22 General controls for development—Zone 2 (c) (Residential Tourist Zone)

(1) Land within the zone Land is within Zone 2 (c) (the Residential Tourist Zone) if it is shown lettered 2 (c) on the zoning map.

(2) Objectives of the zone The objectives of Zone 2 (c) are as follows—

(a) to provide for a variety of development opportunities intended to accommodate tourists, visitors and residents alike, and

(b) to ensure that the scale and function of tourist development is appropriate in the context of the form of development which might otherwise occur in the zone,

(c) to ensure that tourist development does not significantly adversely impact on the amenity of residential areas in adjacent zones and is of a scale appropriate to the need for that development.

(3) Allowed without development consent Development for the purpose of—

environmental facilities.

(4) Allowed only with development consent Development for the purpose of—

advertisements; backpackers’ hostels; bed and breakfast establishments; boarding houses; caravan parks; child care centres; clearing of land; clubs; community facilities; convenience stores; dwelling houses; ecotourism facilities; entertainment establishments; granny flats; guest houses; home businesses; home industries; hostels; kiosks; marine service centres; multi unit housing; outdoor recreation; places of public worship; professional consulting rooms; reception establishments; recreation areas; recreation facilities; refreshment rooms; service stations; serviced apartments; shops and business premises to service other development permitted in this zone; tourist accommodation; utility installations.

(5) Prohibited Any development not included in subclause (3) or (4).

23 General controls for development—Zone 2 (e) (Urban Zone)

23 General controls for development—Zone 2 (e) (Urban Zone)

(1) Land within the zone Land is within Zone 2 (e) (the Urban Zone) if it is shown lettered 2 (e) on the zoning map.

(2) Objectives of the zone The objectives of Zone 2 (e) are as follows—

(a) to provide a flexible framework for future development within and adjoining the Eden urban area,

(b) to allow a range of land uses within the town to stimulate the local economy without reducing the amenity or changing the character of the Eden urban area,

(c) to provide for a range of housing opportunities appropriate in context and location of the Eden urban area.

(3) Allowed without development consent Development for the purpose of—

environmental facilities.

(4) Allowed only with development consent Any development not included in subclause (3) or (5).

(5) Prohibited Development for the purpose of—

abattoirs; animal establishments; brothels; caretakers’ residences; extractive industries; hazardous industries; institutions; intensive livestock keeping establishments; junkyards; mines; offensive industries; sex shops; stock and sale yards.

24 General controls for development—Zone 2 (f) (Future Urban Zone)

24 General controls for development—Zone 2 (f) (Future Urban Zone)

(1) Land within the zone Land is within Zone 2 (f) (the Future Urban Zone) if it is shown lettered 2 (f) on the zoning map.

(2) Objectives of the zone The objectives of Zone 2 (f) are as follows—

(a) to identify land which is to be investigated in respect to its suitability for rezoning at a later date for urban purposes,

(b) to ensure that development within the zone is compatible with the anticipated urban development of the land,

(c) to ensure that development does not create unreasonable or uneconomic demands, or both, for provision or extension of public amenities or services.

(3) Allowed without development consent Nil.

(4) Allowed only with development consent Development for the purpose of—

animal establishments; bed and breakfast establishments; child care centres; clearing of land; community facilities; granny flats; dwelling houses; educational establishments; farm forestry; home businesses; home industries; places of public worship; plant nurseries; reception establishments; recreation areas; utility installations.

(5) Prohibited Any development not included in subclause (4).

25 General controls for development—Zone 2 (v) (Village Zone)

25 General controls for development—Zone 2 (v) (Village Zone)

(1) Land within the zone Land is within Zone 2 (v) (the Village Zone) if it is shown lettered 2 (v) on the zoning map.

(2) Objectives of the zone The objectives of Zone 2 (v) are as follows—

(a) to recognise the existing villages and allow for future development of a residential nature, in relation to existing levels of services,

(b) to ensure that development does not create unreasonable or uneconomic demands for the provision or extension of services or public amenities,

(c) to ensure future development does not impact on or restrict existing development in the area,

(d) to ensure the existing village character of the area is maintained,

(e) to provide for a reasonable range of activities to be carried out,

(f) to ensure development does not adversely impact on the environment.

(3) Allowed without development consent Development for the purpose of—

agriculture; environmental facilities.

(4) Allowed only with development consent Any development not included in subclause (3) or (5).

(5) Prohibited Development for the purpose of—

abattoirs; animal establishments; brothels; caretakers’ residences; extractive industries; hazardous industries; heliports; intensive livestock keeping establishments; junkyards; liquid fuel depots; mines; multi unit housing; offensive industries; sex shops; stock and sale yards.

26 Subdivision in urban zones

26 Subdivision in urban zones

(1) Consent must not granted to subdivision of land within Zone 2 (a), 2 (b), 2 (c), 2 (e) or 2 (v) to create an allotment which, in the opinion of the consent authority, is intended to be used for the purpose of a dwelling house unless the allotment will have a minimum area (excluding any access handle or right of way) of—

(a) 550m2 if a sewered lot, or

(b) 2,000m2 if an unsewered lot.

(2) However, consent may be granted for such an unsewered lot only where it can be shown by a site study that the proposed allotment will be reasonably capable of disposing of on-site sewage effluent without nuisance or any likely pollution of surface or subsurface water.

(3) Notwithstanding subclause (1), land within Zone 2 (a) shown hatched black on the zoning map, shall not be subdivided unless each proposed allotment has an area of 2,000m2, 4,000m2 or 8,000m2 as shown on the zoning map as applying to the proposed allotment.

(4) A dwelling house shall not be erected on an allotment of land referred to in subclause (1) or (2) unless the allotment has an area not less than that shown on the zoning map as applying to the proposed allotment, or the allotment was or is created for the purposes of a dwelling house in accordance with a consent granted before the appointed day.

(5) Notwithstanding subclause (1), consent may be granted to a subdivision of land or buildings containing two or more dwellings erected with development consent so that each dwelling has a separate title.

27 Dwelling houses, dual occupancies and multi unit housing

27 Dwelling houses, dual occupancies and multi unit housing

(1) A person shall not erect a dwelling house or multi unit housing on land within a zone specified in the Table to this clause unless—

(a) the allotment on which the dwelling house or housing is proposed to be erected has a site area of not less than the minimum site area for each dwelling specified in the Table in respect of the type of housing and zone concerned, and

(b) the ratio of the gross floor area of the dwelling house or housing to the site area of the allotment does not exceed the ratio identified in that Table for the relevant zone.

(2) In all cases the minimum landscaped area for dwelling houses, and for an attached dual occupancy and other multi unit housing is 35% of the total site area.

(3) Notwithstanding subclause (1), a person shall not erect a dwelling house or attached dual occupancy on unsewered land within a zone specified in the Table to the clause unless the Council is satisfied that the proposed allotment will be reasonably capable of disposing of on-site sewage effluent without nuisance or any likely pollution of surface or subsurface water.

(4) A person shall not erect multi unit housing on unsewered land within any zone.

(5) Despite any other provision of this plan, consent may be granted to the erection of a detached dual occupancy on land identified in Schedule 1.

Table

| Type of housing | Zone | Minimum site area per dwelling | Floor space ratio | | Dwelling house | 2 (a), 2 (b), 2 (c), 2 (e), 2 (f) or 2 (v) | 550m2 | 0.5:1 | | Attached dual occupancy | 2 (a) or 2 (v) | 275m2 | 0.5:1 | | Multi unit housing (other than attached dual occupancy in Zone 2 (a) or 2 (v)) | 2 (b), 2 (c) or 2 (e) | 200m2 | 0.5:1 |

28 Development in Zone 2 (e)

28 Development in Zone 2 (e)

(1) This clause applies to all land within Zone 2 (e).

(2) Before granting consent for development on land to which this clause applies, the consent authority shall have regard to—

(a) where the land adjoins other land used for residential purposes, the manner in which the development relates to the residential development on the other land and to the maintenance and enhancement of the existing residential character and amenity, and

(b) where the proposed development is for retail or commercial purposes, the manner in which it supports the role and structure of the Eden town centre and its convenience to the community, and

(c) where appropriate, the likely consequences of the proposed development for the provision of industrial development opportunities in the area, and

(d) where the land is, according to information available to the Council, affected by flooding, whether the proposed development involves a risk to life or property in the event of a flood and whether it is likely to aggravate the effects of flooding on other land, and

(e) whether the proposed development is likely to create a traffic hazard or reduce the traffic-carrying efficiency of a road, particularly an arterial road, and

(f) the extent to which the proposed development complements and enhances the existing character of the town of Eden.

(3) Consent must not be granted to development on land to which this clause applies that adjoins or is adjacent to other land that is used or is to be used for residential purposes unless the consent authority is satisfied that—

(a) the elevation of any building has been designed to be compatible with residential development or the building will be suitably screened, and

(b) the development will allow a reasonable amount of sunlight to reach residential buildings and land used as private recreational open space between the hours of 9 am and 3 pm during the winter solstice, and

(c) noise from fixed sources or motor vehicles associated with the development will be effectively insulated or otherwise minimised, and

(d) the development will not otherwise cause nuisance to residents, by way of traffic movement, parking, headlight glare, security lighting or the like, and

(e) windows facing residential areas will be treated to avoid overlooking of private yard space or of windows in residences.

(4) Consent must not be granted to development on land to which this clause applies for the purpose of an industry unless the consent authority is satisfied that—

(a) the industry will be sufficiently separated from residential development to minimise any nuisance, and

(b) the industry will not detract from residential amenity by way of noise, odours, waste, appearance, hours of operation or traffic, or otherwise.

(5) Consent must not be granted to any development on land to which this clause applies which has a covering of native vegetation or is otherwise in its natural state unless the consent authority is satisfied that—

(a) any removal of vegetation necessitated by the development will be minimised, and

(b) the landscaping proposed will have the effect of minimising the visual impact of the development, and

(c) such other measures as may be considered appropriate by the consent authority will be taken to minimise the effect of the development on the existing character of the area.

(6) Where land to which this clause applies contains or is likely to contain Aboriginal archaeological relics (on the basis of information available to the Council), consent must not be granted to development on the land unless the consent authority is satisfied that appropriate action has been taken to identify and protect such relics.

(7) Consent must not be granted to any habitable building on land to which this clause applies which is not able to be connected to reticulated sewerage and water services unless appropriate arrangements are or have been made for—

(a) the provision of a water supply of adequate quantity and quality for the needs of the development, and

(b) the provision of sewage disposal facilities which—

(i) have adequate capacity to meet peak demand, and

(ii) will ensure that the quality of downstream water is maintained, particularly in relation to marine ecosystems in Twofold Bay, Lake Curalo and Cocora Lagoon.

29 Development in Zone 2 (f)

29 Development in Zone 2 (f)

(1) Consent may be granted to development of land within Zone 2 (f) only where the consent authority is satisfied that—

(a) the development is designed in a manner which is unlikely to prejudice the possible future subdivision and development of the land, or other land in the vicinity, for urban purposes, and

(b) any proposed buildings will be of a suitable size and shape for the purposes for which they are intended to be used.

(2) Consent may be granted for development of land within Zone 2 (f) only after the consent authority has considered whether the development will create a demand for the uneconomic provision or upgrading of services to the land by the Council.

(3) Consent may be granted to a subdivision of land within Zone 2 (f) that is intended to create an allotment around the curtilage of an existing dwelling house or other building and to enable the residue of the land to be made available for future urban development.

(4) Consent may be granted for the erection of a dwelling house on an allotment of land created by a subdivision in accordance with this clause or on an existing allotment within Zone 2 (f) where the consent authority is satisfied that the siting of the dwelling house is unlikely to prejudice the future urban development of the land and other land in the vicinity.

Part 4 Employment zone provisions

Part 4 Employment zone provisions

30 General controls for development—Zone 3 (a) (General Business Zone)

30 General controls for development—Zone 3 (a) (General Business Zone)

(1) Land within the zone Land is within Zone 3 (a) (the General Business Zone) if it is shown lettered 3 (a) on the zoning map.

(2) Objectives of the zone The objectives of Zone 3 (a) are as follows—

(a) to encourage a high standard of commercial development, create compact business centres which service the population and visitors and facilitate the expansion of business activities in appropriate locations,

(b) to set aside certain land for the provision of services required by the travelling public for the development of facilities for refreshment, accommodation, recreation and amusement,

(c) to permit non-commercial development where such development complements the intended commercial character of the locality, including dwellings attached to commercial development.

(3) Allowed without development consent Development for the purpose of—

environmental facilities.

(4) Allowed only with development consent Development for the purpose of—

advertisements; business premises; car parks; child care centres; clearing of land; clubs; commercial premises; community facilities; convenience stores; dwelling houses attached to commercial premises and/or shops; educational establishments; entertainment establishments; granny flats; hospitals; hotels; kiosks; medical centres; motels; motor showrooms; multi unit housing if not at street level (other than the entry and the like); places of public worship; plant depots; plant hire; professional consulting rooms; public buildings; reception establishments; recreation areas; recreation facilities; refreshment rooms; research facilities; retail plant nurseries; service stations; shops; transport depots; transport terminals; utility installations; vehicle repair stations; veterinary establishments.

(5) Prohibited Any development not included in subclause (3) or (4).

31 General controls for development—Zone 3 (b) (Special Business Zone)

31 General controls for development—Zone 3 (b) (Special Business Zone)

(1) Land within the zone Land is within Zone 3 (b) (the Special Business Zone) if it is shown lettered 3 (b) on the zoning map.

(2) Objectives of the zone The objectives of Zone 3 (b) are as follows—

(a) to provide a specialist area for a range of retailing activities which have a similar location and access requirements,

(b) to ensure there is suitable vehicle access for both customers and delivery vehicles and adequate provision of car parking,

(c) to ensure development in the zone is of a high standard of design,

(d) to provide for office premises and certain other non-retail purposes where they will not detrimentally affect the role of any other zone.

(3) Allowed without development consent Development for the purpose of—

environmental facilities.

(4) Allowed only with development consent Development for the purpose of—

abattoirs; advertisements; brothels; bulky good retail outlets; clearing of land; clubs; commercial premises; community centres; educational establishments; entertainment establishments; hospitals; hotels; light industries; marine service centres; motels; motor showrooms; places of public worship; public buildings; recreation facilities; recreational establishments; refreshment rooms; research establishments; retail plant nurseries; sawmills; service stations; sex shops; shops ancillary to an otherwise permitted use; transport terminals; vehicle repair stations; warehouses.

(5) Prohibited Any development not included in subclause (3) or (4).

32 General controls for development—Zone 4 (a) (Industrial Zone)

32 General controls for development—Zone 4 (a) (Industrial Zone)

(1) Land within the zone Land is within Zone 4 (a) (the Industrial Zone) if it is shown lettered 4 (a) on the zoning map.

(2) Objectives of the zone The objectives of Zone 4 (a) are as follows—

(a) to allocate sufficient land in suitable locations to facilitate and promote the establishment of a broad range of industrial and related uses,

(b) to allow other forms of development where they are associated with or ancillary to industrial uses on the site,

(c) to ensure that development does not adversely impact on the environment,

(d) to ensure that development does not create an unreasonable or uneconomic demand for services.

(3) Allowed without development consent Development for the purpose of—

environmental facilities.

(4) Allowed only with development consent Development for the purpose of—

advertisements; brothels; bulk stores; bulky goods retailing outlets; caretakers’ residences; clearing of land; community facilities; hazardous industries; heavy industries; industries; junkyards; motor showrooms; offensive industries; panel beating workshops; plant depots; plant hire; public buildings; recreation facilities (indoor only); service stations; sex shops; shops ancillary to another permitted use; technology centres; timber yards; transport depots; transport terminals; vehicle repair stations; utility installations; veterinary establishments; warehouses.

(5) Prohibited Any development not included in subclause (3) or (4).

33 Development for the purpose of bulky goods retailing in Zones 3 (b) and 4 (a)

33 Development for the purpose of bulky goods retailing in Zones 3 (b) and 4 (a)

Consent must not be granted to the carrying out of development for the purpose of bulky goods retail outlets in Zone 3 (b) or 4 (a) unless consideration has been given to the following—

(a) whether the proposed development will detrimentally affect existing or future industrial development within the zone in which the land concerned is situated and whether this impact is acceptable, and

(b) whether the number of retail outlets that exist or are proposed on land within Zone 4 (a) detract from the predominantly industrial nature of the zone.

34 Development for the purpose of brothels and sex shops in business and industrial zones

34 Development for the purpose of brothels and sex shops in business and industrial zones

Consent must not be granted to the carrying out of development for the purpose of a brothel or sex shop unless the consent authority has considered the following—

(a) whether the brothel or sex shop is operating near or within view from a place of public worship, hospital or school or any place regularly frequented by children for recreational or cultural activities,

(b) whether the brothel or sex shop would have an adverse impact on the amenity in the neighbourhood when taking into account other brothels or sex shops operating in the neighbourhood or other land uses within the neighbourhood involving similar hours of operation and creating similar amounts of noise and vehicular and pedestrian traffic,

(c) whether the brothel or sex shop will have suitable access,

(d) whether the brothel or sex shop will alter the character of the neighbourhood.

35 Development in Zone 4 (a)

35 Development in Zone 4 (a)

(1) Consent must not be granted to the carrying out of any development allowed within Zone 4 (a), other than for the purpose of light industry, on or with respect to land within Zone 4 (a) which adjoins or is adjacent to land within a residential zone, unless the consent authority has made an assessment of the likely impact of the development on the residential amenity of the land within the residential zone.

(2) Subject to subclause (1), consent may be granted to any development on land within Zone 4 (a) which by virtue of its nature, the services provided, or the products produced, distributed or sold, in the opinion of the Council, is appropriately located on land within Zone 4 (a).

36 Subdivision in business and industrial zones

36 Subdivision in business and industrial zones

(1) A person shall not subdivide land in a business or industrial zone except with development consent.

(2) Consent may be granted to a subdivision of land within a business or industrial zone only if each allotment to be created by the proposed subdivision will be of a size and will have a ratio of depth to frontage, that the consent authority considers appropriate—

(a) having regard to the purpose for which the allotment is intended to be used, or

(b) to facilitate future business or industrial development of the land.

Part 5 Special use zone provisions

Part 5 Special use zone provisions

37 General controls for development—Zone 5 (a) (Special Uses Zone)

37 General controls for development—Zone 5 (a) (Special Uses Zone)

(1) Land within the zone Land within Zone 5 (a) (the Special Uses Zone) if it is shown lettered 5 (a) on the zoning map.

(2) Objectives of the zone The objectives of Zone 5 (a) are as follows—

(a) to recognise existing public land uses and enable their continued operation, growth and expansion to accommodate associated, ancillary or otherwise related use,

(b) to restrict land uses that may conflict with, or adversely affect, the intended use of land required for public purposes.

(3) Allowed without development consent Development for the purpose of—

environmental facilities.

(4) Allowed only with development consent Development for the purpose of—

advertisements associated with the use of the land; car parks; clearing of land; community facilities; educational establishments; kiosks; places of public worship; public buildings; recreation areas; the particular land use specified on the zoning map; utility installations.

(5) Prohibited Any development not included in subclause (3) or (4).

Part 6 Open Space zone provisions

Part 6 Open Space zone provisions

38 General controls for development—Zone 6 (a) (Existing Open Space Zone)

38 General controls for development—Zone 6 (a) (Existing Open Space Zone)

(1) Land within the zone Land is within Zone 6 (a) (the Existing Open Space Zone) if it is shown lettered 6 (a) on the zoning map.

(2) Objectives of the zone The objectives of Zone 6 (a) are as follows—

(a) to recognise the importance of land in the zone as open space and allow a limited range of uses compatible with the keeping of the land as open space and in public ownership,

(b) to permit a range of uses, especially recreational uses, where those uses comply with the plan of management for the land,

(c) to ensure that development in areas of environmental significance does not reduce that significance.

(3) Allowed without development consent Development for the purpose of—

environmental facilities; works ordinarily incidental or ancillary to gardening or landscaping.

(4) Allowed only with development consent Development for the purpose of—

buildings ordinarily incidental or ancillary to gardening, landscaping or recreation; child care centres; clearing of land; community facilities; kiosks; markets; outdoor recreation; racecourses; recreation areas; recreation facilities; showgrounds; utility installations.

(5) Prohibited Any development not included in subclause (3) or (4).

39 General controls for development—Zone 6 (c) (Private Open Space Zone)

39 General controls for development—Zone 6 (c) (Private Open Space Zone)

(1) Land within the zone Land is within Zone 6 (c) (the Private Open Space Zone) if it is shown lettered 6 (c) on the zoning map.

(2) Objectives of the zone The objective of Zone 6 (c) is to recognise and provide for major recreational uses carried out on land not owned by a public authority.

(3) Allowed without development consent Development for the purpose of—

environmental facilities; works ordinarily incidental or ancillary to landscaping or gardening.

(4) Allowed only with development consent Development for the purpose of—

buildings ordinarily incidental or ancillary to landscaping, gardening or recreation; caravan parks; clearing of land; camp sites; clubs; kiosks; picnic grounds; outdoor recreation; recreation areas; recreation facilities; refreshment rooms; tourist accommodation; utility installations.

(5) Prohibited Any development not included in subclause (3) or (4).

40 Development within Zone 6 (a)

40 Development within Zone 6 (a)

(1) Consent must not be granted to the carrying out of development on land within Zone 6 (a), unless the consent authority has considered—

(a) the need for the proposed development on that land, and

(b) the impact of the proposed development on the existing or likely future use of the land, and

(c) the need to retain the land for its existing or likely future use.

(2) Consent must not be granted to the subdivision of land of which any land within Zone 6 (a) forms part, unless the land within Zone 6 (a) is included in the plan of subdivision as a proposed separate allotment.

(3) Notwithstanding subclause (2), where the topography of the land to be subdivided makes it necessary, consent may be granted to allow registration of a plan of subdivision in which the boundaries of an allotment referred to in that subclause do not correspond precisely with the boundaries of the land within Zone 6 (a) as shown on the zoning map, but which depart from those boundaries only to a minor extent.

41 Acquisition of land within Zone 6 (a)

41 Acquisition of land within Zone 6 (a)

(1) The owner of any land within Zone 6 (a) may, by notice in writing, request the Council to acquire that land.

(2) On receipt of such a notice, the Council must acquire the land

(3) Until the land is acquired, a person may, with the consent of the Council, carry out development on land within Zone 6 (a)—

(a) for a purpose for which development may be carried out on land in an adjoining zone, or

(b) for any other purpose which is compatible with development which may be carried out on land in an adjoining zone.

(4) The Council shall not grant consent to a development application to which subclause (3) applies unless it has considered—

(a) the need for the proposed development on that land, and

(b) the effect of the proposed development on the costs of acquisition of the land, and

(c) the imminence of the acquisition, and

(d) the likely impact of the proposed development on—

(i) the environment, and

(ii) the proposed future use of the land for open space, and

(iii) the amenity of adjoining property owners or residents.

(5) The Council may, in granting consent in accordance with subclause (3), require—

(a) the removal of structures for which it has granted consent, and

(b) the re-instatement of the land and the removal of any waste materials or refuse at such time as the land is acquired for open space.

42 Parks plan of management

42 Parks plan of management

Despite any other provision in this plan, development may be carried out on land within Zone 6 (a) with development consent if it is identified for the land in a plan of management adopted by the Council under the Local Government Act 1993 or Crown Land Management Act 2016.

cl 42: Am 2019 (621), Sch 2.2[1].

Part 7 Environment Protection zones provisions

Part 7 Environment Protection zones provisions

43 General controls for development—Zone 7 (b) (Environment Protection Foreshore Zone)

43 General controls for development—Zone 7 (b) (Environment Protection Foreshore Zone)

(1) Land within the zone Land is within Zone 7 (b) (the Environment Protection Foreshore Zone) if it is shown lettered 7 (b) on the zoning map.

(2) Objectives of the zone The objectives of Zone 7 (b) are as follows—

(a) to identify, protect and enhance areas of the foreshore and wetlands having significant natural attributes or cultural conservation value,

(b) to ensure the development of foreshore activities and facilities does not adversely impact on any significant natural or cultural conservation value of the foreshore land or adjoining waterbody.

(3) Allowed without development consent Development for the purpose of—

environmental facilities.

(4) Allowed only with development consent Development for the purpose of—

agriculture; aquaculture; buildings or works associated with aquaculture; clearing of land; moorings; picnic grounds; utility installations; water recreation.

(5) Prohibited Any development not included in subclause (3) or (4).

44 General controls for development—Zone 7 (d) (Environment Protection General Zone)

44 General controls for development—Zone 7 (d) (Environment Protection General Zone)

(1) Land within the zone Land is within Zone 7 (d) (the Environment Protection General Zone) if it is shown lettered 7 (d) on the zoning map.

(2) Objectives of the zone The objectives of Zone 7 (d) are as follows—

(a) to protect and conserve important elements of the natural environment, including bushland, significant areas of natural vegetation, water catchment areas and wildlife habitats and corridors,

(b) to encourage development compatible with and sympathetic to the conservation of the natural environment and based on principles of ecologically sustainable development,

(c) to maintain the visual character of the coastal landscapes, hillscapes and ridgelines,

(d) to protect threatened ecological communities or threatened species and their habitats,

(e) to protect areas of high biodiversity value,

(f) to strictly control any reduction of important natural areas,

(g) to ensure that development in the zone on land adjoining land in Zones 7 (b), 7 (f1), 7 (f2) and 8 is compatible with the management objectives for that land.

(3) Allowed without development consent Development for the purpose of—

environmental facilities.

(4) Allowed only with development consent Development for the purpose of—

agriculture; bed and breakfast establishments; camp sites; clearing of land; dwelling houses; ecotourism facilities; kiosks; picnic grounds; recreation areas; utility installations.

(5) Prohibited Any development not included in subclause (3) or (4).

45 General controls for development—Zone 7 (f1) (Coastal Lands Protection Zone)

45 General controls for development—Zone 7 (f1) (Coastal Lands Protection Zone)

(1) Land within the zone Land is within Zone 7 (f1) (the Coastal Lands Protection Zone) if it is shown lettered 7 (f1) on the zoning map.

(2) Objectives of the zone The objectives of Zone 7 (f1) are as follows—

(a) to identify, protect and enhance environmentally sensitive and scenic coastal land,

(b) to safeguard sections of the coast which are significantly tourist and recreation areas and to permit only environmentally and aesthetically sensitive development,

(c) to regulate development so that it does not adversely affect and is not adversely affected by, coastal processes in both the short and long term.

(3) Allowed without development consent Development for the purpose of—

environmental facilities.

(4) Allowed only with development consent Development for the purpose of—

agriculture; animal establishments; aquaculture; bed and breakfast establishments; camping grounds; clearing of land; dwelling houses; ecotourism facilities; home businesses; home industries; utility installations.

(5) Prohibited Any development not included in subclause (3) or (4).

46 General controls for development—Zone 7 (f2) (Coastal Lands Acquisition Zone)

46 General controls for development—Zone 7 (f2) (Coastal Lands Acquisition Zone)

(1) Land within the zone Land is within Zone 7 (f2) (the Coastal Lands Acquisition Zone) if it is shown lettered 7 (f2) on the zoning map.

(2) Objectives of the zone The objectives of Zone 7 (f2) are as follows—

(a) to protect and enhance the natural values of prominent coastal lands which are generally undeveloped and which provide aesthetic and recreational opportunities for the public,

(b) to allow development only where—

(i) it can be demonstrated that it can be carried out in a manner that does not detract from the scenic quality of such land, and

(ii) it is unlikely to prejudice proposals for the acquisition of such land.

(3) Allowed without development consent Nil.

(4) Allowed only with development consent Development for the purpose of—

agriculture; animal establishments; buildings associated with agriculture; clearing of land; environmental facilities; utility installations.

(5) Prohibited Any development not included in subclause (4).

47 Subdivision of land and erection of dwelling within Zones 7 (d), 7 (f1) and 7 (f2)

47 Subdivision of land and erection of dwelling within Zones 7 (d), 7 (f1) and 7 (f2)

(1) Consent must not be granted to the subdivision of land within Zone 7 (d), 7 (f1) or 7 (f2) unless each allotment to be created has an area of not less than 40 hectares.

(2) Despite any other provision of this plan, consent must not be granted to the erection of a dwelling house on an allotment within Zone 7 (d) or 7 (f1) unless the land—

(a) comprises an allotment of not less than 40 hectares, or

(b) comprises an allotment created for the purpose of a dwelling house by a subdivision pursuant to a consent granted prior to the appointed day.

48 Development within Zone 7 (d)

48 Development within Zone 7 (d)

(1) Consent must not be granted to the carrying out of development on land within Zone 7 (d) for the purpose of ecotourism facilities unless the consent authority is satisfied that—

(a) no part of the development will visually dominate the natural landscape when viewed from roads, public places and residential areas, and

(b) no part of the development will result in the destruction of features of natural or cultural heritage significance, and

(c) the development complies with the following requirements—

(i) any development site must be no larger than 4 hectares, with at least 25% of the site’s open space remaining forested and the site must be separated from other sites by at least 50 metres of forested open space,

(ii) all buildings must be sited below ridgelines and hillcrests and at a downslope distance sufficient to ensure that rooftops do not intrude on the skyline,

(iii) all buildings must be single storey structures,

(iv) all buildings must be screened from outside view by on-site plantings and plant species should be the same, or closely related to, those found naturally in the vicinity of the site.

(2) Consent must not be granted to development for the purpose of ecotourism facilities on land within Zone 7 (d) unless the consent authority has considered—

(a) a visual analysis of the proposed development from major viewpoints in the locality, and

(b) a detailed landscape planting plan identifying proposed plant species and their projected height, and site preparation methods proposed to be implemented in conjunction with the development.

(3) Development for the purpose of caravan parks is prohibited on land within Zone 7 (d).

49 Development in Zones 7 (f1) and 7 (f2)

49 Development in Zones 7 (f1) and 7 (f2)

(1) (Repealed)

(2) Consent must not be granted to the carrying out of development (including the clearing of land) within Zone 7 (f1) or 7 (f2) unless the consent authority has taken into consideration—

(a) the extent to which the development would affect the scenic qualities of the coastal landscape, headlands, dune systems and areas where the original vegetation is still dominant, and

(b) whether the development would result in the degradation of, or restriction of access to, coastal recreation areas, and

(c) any plan, policy or design adopted by resolution of the Coastal Council of New South Wales for the purpose of protecting coastal lands, and

(d) in the case of land within Zone 7 (f2), the imminence of acquisition of the land, and

(e) the objects of the Environmental Planning and Assessment Act 1979, and

(f) the potential impacts of climate change including sea level rise.

cl 49: Am 2008 (571), Sch 3.9 [1]–[3].

50 Acquisition of land within Zone 7 (f2)

50 Acquisition of land within Zone 7 (f2)

(1) The owner of land within Zone 7 (f2) may, by notice in writing, require the corporation to acquire the land.

(2) On receipt of such a notice, the corporation shall acquire the land.

Part 8 National Parks and Nature Reserves zone provisions

Part 8 National Parks and Nature Reserves zone provisions

51 General controls for development—Zone 8 (National Parks and Nature Reserves Zone)

51 General controls for development—Zone 8 (National Parks and Nature Reserves Zone)

(1) Land within the zone Land is within Zone 8 (the National Parks and Nature Reserves Zone) if it is shown lettered 8 on the zoning map.

(2) Objectives of the zone The objective of Zone 8 is to identify, preserve and manage national parks and nature reserves for conservation and recreational purposes and to provide for their continued management under the National Parks and Wildlife Act 1974.

(3) Allowed without development consent Any development carried out by or on behalf of the National Parks and Wildlife Service under the National Parks and Wildlife Act 1974.

(4) Allowed only with development consent Nil.

(5) Prohibited Any development not included in subclause (3).

cl 51: Am 2016 No 27, Sch 2.3.

Part 9 Reservation zones provisions

Part 9 Reservation zones provisions

52 General controls for development—Zone 9 (c) (Arterial Road Reservation Zone)

52 General controls for development—Zone 9 (c) (Arterial Road Reservation Zone)

(1) Land within the zone Land is within Zone 9 (c) (the Arterial Road Reservation Zone) if it is shown lettered 9 (c) on the zoning map.

(2) Objectives of the zone The objectives of Zone 9 (c) are as follows—

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

(b) to provide for other land uses if they do not affect the usefulness of the land for the purposes for which it is zoned.

(3) Allowed without development consent Development for the purpose of—

arterial roads; arterial road widening.

(4) Allowed only with development consent Development for the purpose of—

clearing of land; utility installations.

(5) Prohibited Any development not included in subclause (3) or (4).

53 General controls for development—Zone 9 (d) (Local Road Reservation Zone)

53 General controls for development—Zone 9 (d) (Local Road Reservation Zone)

(1) Land within the zone Land is within Zone 9 (d) (the Local Road Reservation Zone) if it is shown lettered 9 (d) on the zoning map.

(2) Objectives of the zone The objectives of Zone 9 (d) are as follows—

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

(b) to provide for other land uses if they do not affect the usefulness of the land for the purposes for which it is zoned.

(3) Allowed without development consent Development for the purpose of—

local roads; local road widening.

(4) Allowed only with development consent Development for the purpose of—

clearing of land; utility installations.

(5) Prohibited Any development not included in subclause (3) or (4).

54 Acquisition of land within Zone 9 (c)

54 Acquisition of land within Zone 9 (c)

Note—

Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.

(1) The owner of any land within Zone 9 (c) may, by notice in writing, require the Roads and Traffic Authority (the RTA) to acquire the land.

(2) On receipt of such a notice, the RTA must acquire the land if—

(a) the land is vacant, or

(b) the land is not vacant but—

(i) the land is included in the 5-year works program of the RTA current at the time of the receipt of the notice, or

(ii) the RTA has decided not to give concurrence required by subclause (3) to an application for consent to the carrying out of development on the land, or

(iii) the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable period of time,

but the RTA is not required to acquire the land if it might reasonably be required to be dedicated for public road.

(3) A person may, with development consent, carry out development on land within Zone 9 (c) if—

(a) the development may be carried out on land in an adjoining zone, or

(b) the development is compatible with development which may be carried out on land in an adjoining zone.

(4) (Repealed)

(5) Land acquired under this clause may be developed, with development consent, for any purpose, until such time as it is required for the purpose for which it was acquired.

(6) In this clause—

vacant land means land on which, immediately before the day on which a notice under subclause (1) is given, there were no buildings other than fences.

cl 54: Am 2008 (571), Sch 3.9 [4]–[6].

55 Acquisition of land within Zone 9 (d)

55 Acquisition of land within Zone 9 (d)

(1) The owner of land within Zone 9 (d) may, by notice in writing, require the Council to acquire the land. On receipt of such a notice, the Council shall acquire the land.

(2) Despite any other provision of this plan, until it is acquired, land within Zone 9 (d) may be developed with development consent if—

(a) the development may be carried out on land in an adjoining zone, or

(b) the development is compatible with development that may be carried out on land in an adjoining zone.

(3) Conditions may be imposed on such a consent requiring—

(a) the removal of any building or work for which consent is granted, and

(b) the reinstatement of the land or removal of any waste materials or refuse.

Part 10 Heritage provisions

Part 10 Heritage provisions

56 Aims in relation to heritage

56 Aims in relation to heritage

The aims of this plan in relation to heritage are—

(a) to conserve the environmental heritage of the local government area of Bega Valley,

(b) to conserve the heritage significance of existing significant fabric, relics, settings, and views associated with the heritage significance of heritage items,

(c) to allow for the protection of places which have the potential to have heritage significance but are not identified as heritage items,

(d) to integrate heritage conservation into the planning and development control processes,

(e) to provide for public involvement in the conservation of environmental heritage, and

(f) to ensure that any development does not adversely affect the heritage significance of heritage items and their settings.

57 Protection of heritage items and relics

57 Protection of heritage items and relics

(1) The following development may be carried out only with development consent—

(a) demolishing, defacing or damaging a heritage item,

(b) altering a heritage item by making structural changes to its interior,

(c) altering a heritage item by making structural or non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect its heritage significance,

(d) moving the whole or part of a heritage item,

(e) moving a relic, or excavating land for the purpose of discovering, exposing or moving a relic, or

(f) disturbing or excavating a place of Aboriginal heritage significance or an archaeological site while knowing or having a reasonable cause to suspect that the disturbance or excavation is likely to result in a relic being damaged, disturbed or excavated, or

(g) erecting a building on, or subdividing, land on which a heritage item is located.

(2) What exceptions are there? Development consent is not required by this clause if—

(a) in the opinion of the Council—

(i) the proposed development is of a minor nature or consists of maintenance of the heritage item, and

(ii) the proposed development would not adversely affect the significance of the heritage item, and

(b) the proponent has notified the consent authority in writing 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 consent is not otherwise required by this plan.

(3) Development consent is not required by this clause for the following development in a cemetery or burial ground if there will be no disturbance to human remains, to relics in the form of grave goods or to a place of Aboriginal heritage significance—

(a) the creation of a new grave or monument, or

(b) an excavation or disturbance of land for the purpose of carrying out conservation or repair of monuments or grave markers.

(4) What must be included in assessing a developed application? Before granting a consent required by this clause, the consent authority must assess the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item concerned.

(5) What extra documentation is needed? The assessment must include consideration of a heritage impact statement that addresses at least the following issues (but is not to be limited to assessment of those issues, if the heritage significance concerned involves other issues). The consent authority may also decline to grant such a consent until it has considered a conservation management plan, if it considers the development proposed should be assessed with regard to such a plan.

(6) The minimum number of issues that must be addressed by the heritage impact statement are—

(a) the heritage significance of the heritage item as part of the environmental heritage of Bega Valley, and

(b) the impact that the proposed development will have on the heritage significance of the item and its setting, including any landscape or horticultural features, and

(c) the measures proposed to conserve the heritage significance of the item and its setting, and

(d) whether any archaeological site or potential archaeological site would be adversely affected by the proposed development, and

(e) the extent to which the carrying out of the proposed development would affect the form of any historic subdivision.

Note—

The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).

cl 57: Am 2008 (571), Sch 3.9 [7].

58

58 (Repealed)

59 Interim heritage items

59 Interim heritage items

(1) A person shall not demolish an interim heritage item except with development consent.

(2) Consent must not be granted to a development application required by subclause (1) unless the consent authority has made an assessment of—

(a) the significance of the item as an interim heritage item, and

(b) the extent to which the carrying out of the development in accordance with the consent would affect the heritage significance of the item and its site, and

(c) whether the setting of the item and, in particular, whether any stylistic, horticultural or archaeological features of the setting should be retained, and

(d) whether the item constitutes a danger to the users or occupiers of that item or to the public, and

(e) measures to be taken to conserve interim heritage items, including any conservation plan prepared by the applicant.

60

60 (Repealed)

61 Development in the vicinity of heritage items

61 Development in the vicinity of heritage items

(1) Before granting consent to development in the vicinity of a heritage item, the consent authority must assess the impact of the proposed development on the heritage significance of the heritage item.

(2) This clause extends to development—

(a) that may have an impact on the setting of a heritage item, for example, by affecting a significant view to or from the item or by overshadowing, or

(b) that may undermine or otherwise cause physical damage to a heritage item, or

(c) if the heritage item is a place, that will otherwise have any adverse impact on the heritage significance of the place within which it is situated.

(3) The consent authority may refuse to grant any such consent unless it has considered a heritage impact statement that will help it assess the impact of the proposed development on the heritage significance, visual curtilage and setting of the heritage item.

(4) The heritage impact statement should include details of the size, shape and scale of, setbacks for, and the materials to be used in, any proposed buildings or works and details of any modification that would reduce the impact of the proposed development on the heritage significance of the heritage item.

62 Conservation incentives

62 Conservation incentives

(1) Consent may be granted to the use, for any purpose, of a building that is a heritage item, or of the land on which the building is erected, even though the use would otherwise be prohibited by this plan, if the consent authority is satisfied that—

(a) the proposed use would not adversely affect the heritage significance of the item or its setting, and

(b) the proposed use is in accordance with a conservation management plan which has been endorsed by the consent authority, and

(c) the granting of consent to the proposed use would ensure that necessary conservation work identified in the conservation management plan is carried out, and

(d) the proposed use would not adversely affect the amenity of the surrounding area otherwise than to an insignificant extent, and

(e) the conservation of the building depends on the granting of the consent.

(2) When considering an application for consent to erect a building on land on which a building that is a heritage item is located, the consent authority may, for the purpose of determining—

(a) the floor space ratio, and

(b) the number of parking spaces to be provided on the site,

exclude the floor space of the heritage item from its calculation of the floor space of the buildings erected on the land, but only if the consent authority is satisfied that the conservation of the heritage item depends on it making the exclusion.

63 Development affecting places or sites of known or potential Aboriginal heritage significance

63 Development affecting places or sites of known or potential Aboriginal heritage significance

Before granting consent for development that is likely to have an impact on a place of Aboriginal heritage significance or a potential place of Aboriginal heritage significance, or that will be carried out on an archaeological site of a relic that has Aboriginal heritage significance, the consent authority must—

(a) consider a heritage impact statement explaining how the proposed development would affect the conservation of the place or site and any relic known or reasonably likely to be located at the place or site, and

(b) except where the proposed development is integrated development, notify the local Aboriginal communities (in such way as it thinks appropriate) of its intention to do so and take into consideration any comments received in response within 21 days after the relevant notice is sent.

cl 63: Am 2008 (571), Sch 3.9 [9] [10].

64 Development affecting known or potential archaeological sites of relics of non-Aboriginal heritage significance

64 Development affecting known or potential archaeological sites of relics of non-Aboriginal heritage significance

(1) Before granting consent for development that will be carried out on an archaeological site or a potential archaeological site of a relic that has non-Aboriginal heritage significance (whether or not it is, or has the potential to be, also the site of a relic of Aboriginal heritage significance), the consent authority must—

(a) consider a heritage impact statement explaining how the proposed development will affect the conservation of the site and any relic known or reasonably likely to be located at the site, and

(b) be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.

(2) This clause does not apply if the proposed development—

(a) does not involve disturbance of below-ground deposits and the Council is of the opinion that the heritage significance of any above-ground relics would not be adversely affected by the proposed development, or

(b) is integrated development.

cl 64: Am 2008 (571), Sch 3.9 [11].

Part 11 Provisions that apply generally in Bega Valley area

Part 11 Provisions that apply generally in Bega Valley area

65 General principles for development and use of land and buildings

65 General principles for development and use of land and buildings

(1) Before granting consent for development within any zone, consideration shall be given by the consent authority to such of the following as are relevant to the proposed development—

(a) the impact of that development on—

(i) the water quality of waterbodies, and

(ii) the ability of rural land to be used for agricultural production or industry, or both, and

(iii) soil resources, and

(iv) existing vegetation, native flora and fauna and riparian corridors, and

(v) the topography and setting of the land, and

(vi) the streetscape character of the locality, and

(vii) the scale and design of neighbouring development, and

(viii) significant views enjoyed from parks, reserves, roadways, footpaths and other public places, and

(ix) the energy efficiency of the site and any buildings on the site, and

(x) the availability of a water supply to adequately provide for domestic, agricultural and fire fighting purposes and, where that proposed water supply is from a river, creek, dam or other waterway, the effect upon the other users of that water supply, and

(xi) waste generation, and

(xii) the cultural significance of the land, and

(xiii) the treatment of stormwater prior to discharge or the use of stormwater, and

(xiv) traffic generation and appropriate vehicular access into and around the site, and

(xv) any measures necessary to mitigate any of these impacts,

(b) the cumulative impact on the environment of—

(i) the development, and

(ii) other development in the vicinity of the proposed development.

65A Exceptions to development standards

65A 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 to development that contravenes a development standard unless the consent authority is satisfied the applicant for development consent has demonstrated that—

(a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and

(b) there are sufficient environmental planning grounds to justify the contravention of the development standard.

Note—

The Environmental Planning and Assessment Regulation 2021 requires the development application to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).

(4) The consent authority must keep a record of its assessment carried out under subclause (3).

(5) (Repealed)

(6) Development consent must not be granted under this clause for a subdivision of land in Zone 1 (a) (Rural General Zone), Zone 1 (c) (Rural Small Holdings Zone), Zone 1 (f) (Rural Forestry Zone), Zone 7 (b) (Environment Protection Foreshore Zone), Zone 7 (d) (Environment Protection General Zone), Zone 7 (f1) (Coastal Lands Protection Zone) or Zone 7 (f2) (Coastal Lands Acquisition Zone) if—

(a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or

(b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.

(7) (Repealed)

(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.

cl 65A: Ins 2019 (659), Sch 1.2. Am 2023 (524), Sch 1.1[1].

66 Development near zone boundaries

66 Development near zone boundaries

(1) Development that (in the absence of this clause) would be prohibited in a zone may be carried out with development consent within 50 metres of the boundary between that zone and another zone if it is permitted in the other zone either with or without consent.

(2) However, this clause does not allow consent to be granted to carrying out any development on land within Zone 6 (a), 7 (b), 7 (d), 7 (f1), 7 (f2) or 8.

(3) Consent must not be granted pursuant to this clause unless the consent authority is satisfied the proposed development satisfies the objectives of the zone in which it will be carried out.

(4) The provisions of State Environmental Planning Policy No 1—Development Standards do not apply to subclause (1).

(5) For the purposes of this clause, the zone boundary is the boundary between adjoining zones as shown on the zoning map and is not affected by the application of subclause (1).

67 Subdivision

67 Subdivision

(1) Except as provided by subclause (2), development consent is required for the subdivision of land.

(2) Development consent is not required for subdivision which is exempt development.

(3) Despite any other provision of this plan, consent may be granted to a boundary adjustment between existing allotments that does not create any additional number of allotments, but only where the consent authority is satisfied that use of the resulting allotments will be consistent with the uses for which the existing allotments were originally created.

68 Reclassification of public land as operational land

68 Reclassification of public land as operational land

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

(2) In accordance with section 30 of the Local Government Act 1993, a parcel of land described in Part 2 of Schedule 2, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from any trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except for—

(aa) those trusts, estates, interests, dedications, conditions, restrictions and covenants (if any) specified in relation to the land described in Part 2 of Schedule 2, and

(a) any reservations that except land out of a Crown Grant relating to the land, and

(b) reservations of minerals (within the meaning of the Crown Land Management Act 2016).

(3) Before the relevant amending plan that inserted the description of a parcel of land into Part 2 of Schedule 2 was made, the Governor approved of subclause (2) applying to the land.

(4) In this clause, the relevant amending plan, in relation to a parcel of land described in Part 2 of Schedule 2, means this plan or, if the description of the land is inserted in that Part by another local environmental plan, that plan.

(5) Land described in Part 1 of Schedule 2 is not affected by the amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993.

cl 68: Am 2009 (317), Sch 1 [1]; 2019 (621), Sch 2.2[2].

69 Restrictions on access

69 Restrictions on access

A road or other means of access which forms a junction or intersection with an arterial road shall not be formed, except with development consent.

70 Community use of school facilities or sites

70 Community use of school facilities or sites

(1) Where land to which this plan applies is used for the purpose of an educational establishment, the site and facilities of the establishment may, with development consent, be used for the purpose of meeting rooms, public halls, public libraries, entertainment, sport or recreation or for any other community land use, whether or not such use is a commercial use of the land.

(2) Nothing in this clause requires development consent to be granted for the carrying out of development on any land if that development could, but for this clause, be carried out on that land without development consent.

71 Temporary use of land

71 Temporary use of land

Despite any other provision of this plan, consent may be granted to the carrying out of development for the purpose of a street stall or carnival or to other temporary development in any zone for a maximum period of 28 days, whether consecutive or not consecutive, in any one year.

72 Tree preservation

72 Tree preservation

(1) The Council may, by resolution, make, revoke or amend a tree preservation order.

(2) A tree preservation order, or any revocation or amendment of such an order, does not have effect until it has been published in a newspaper circulating in the Bega Valley local government area.

(3) A tree preservation order must specify the types or sizes of trees, or identify the locations of the trees, that are covered by the order. It may be made so as to apply to some or all of the land within the area of Bega Valley.

(4) While a tree preservation order is in force, a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree covered by the order without development consent.

(5) Subclause (4) does not apply—

(a) if the Council has issued a permit that authorises the activity concerned and the activity is carried out in accordance with any conditions set out in the permit, or

(b) where it can be demonstrated to the satisfaction of the consent authority that the tree is dying or dead or has become dangerous.

(6) A tree preservation order does not apply to or in respect of—

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

(b) action required or authorised to be done by or under the Electricity Supply Act 1995, the Electricity Safety Act 1945, the Roads Act 1993 or the Surveyors Act 1929, or

(c) plants declared to be noxious weeds under the Noxious Weeds Act 1993, or

(d) trees within a national park or nature reserve reserved under the National Parks and Wildlife Act 1974.

73 Unzoned land

73 Unzoned land

(1) This clause applies to all land (including waterways) to which this plan applies that is not shown zoned on the zoning map.

(2) Development shall not be carried out on land to which this clause applies except with development consent.

(3) In determining a development application required by this clause, the consent authority must have regard to the objectives of any zone within which land abutting the unzoned land is situated.

(4) Notwithstanding subclause (2), consent is not required for development on unzoned land for the purpose of roads or utility installations (other than railway, water or air transport, wharf or river infrastructure, gas holders or generating works).

74 On-site sewage management

74 On-site sewage management

Before granting consent to development that will result in the generation of sewage or other effluent, consideration shall be given by the consent authority to—

(a) whether the site of the proposed development should be connected to public sewerage facilities, and, if so, whether the land is capable of being connected to public sewerage facilities either now or in the future, and

(b) the suitability of the site for on-site disposal of effluent and the ability of the effluent disposal system to function effectively over the long term without causing adverse effects on adjoining land, where public sewerage facilities are not to be provided to the land, and

(c) the likely effect of any on-site effluent disposal area on—

(i) any waterbodies in the vicinity, or water supply catchments, and

(ii) groundwater resources, and

(iii) seasonally waterlogged soils, and

(d) the cumulative environmental impacts of all on-site systems or works in the area with respect to water quality, soil degradation and odour.

75 Land subject to bushfire hazard

75 Land subject to bushfire hazard

Consent must not be granted to the subdivision of land or the erection of a building on land which is, in the opinion of the consent authority, subject to bushfire hazards unless it is satisfied that—

(a) adequate provision will be made for access for fire fighting vehicles,

(b) adequate safeguards will be adopted in the form of fire breaks, reserves and fire radiation zones, and

(c) adequate water supplies will be available for fire fighting purposes as recommended by the New South Wales Rural Fire Service.

76 Contaminated land

76 Contaminated land

(1) Consent must not be granted to the subdivision of land or the erection of a building on any land unless the consent authority has made an assessment of—

(a) any contamination of the land resulting from previous use of the land, and

(b) any measures to mitigate against any adverse impacts arising from the contamination of the land.

(2) This clause does not affect any requirement made by the State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 4.

cl 76: Am 2022 (72), Sch 1.8.

77 Development along arterial roads

77 Development along arterial roads

Consent must not be granted to the development of land which has a frontage to an arterial road unless, in the opinion of the consent authority—

(a) wherever practicable, vehicular access to that land is provided by a road other than the arterial road, and

(b) the safety and efficiency of the arterial road will not be adversely affected by the proposed development as a result of—

(i) the design of the access to the proposed development, or

(ii) the emission of smoke or dust from the proposed development, or

(iii) the nature, volume or frequency of vehicles using the arterial road to gain access to the proposed development.

78 Land filling and excavation

78 Land filling and excavation

(1) A person shall not, without development consent, excavate or fill any land or waterbody (other than a farm dam) to which this plan applies.

(2) Before granting an application for consent required by subclause (1), the consent authority must have regard to—

(a) the likely disruption of, or detrimental effect on, existing drainage patterns, vegetation, sedimentation and soil stability in the locality that would be caused by the proposed work, and

(b) the effect of the proposed work on the likely future use or redevelopment of the land, and

(c) the effect of the proposed work on the existing and likely amenity of adjoining properties.

(3) Subclause (1) does not apply to—

(a) any excavation or filling of land necessarily carried out to allow development for which a consent was granted under the Act, or

(b) any excavation or filling of land which, in the opinion of the prospective consent authority, is of a minor nature, including minor landscaping works.

79 Ecologically sustainable development

79 Ecologically sustainable development

Before determining an application for consent to development, consideration shall be given by the consent authority to the following in so far as they are relevant to the proposed development and may promote the principles of ecologically sustainable development—

(a) building and allotment orientation,

(b) conservation, protection and enhancement of natural resources (including riparian areas and remnant native vegetation),

(c) optimisation of the use of natural features of the site,

(d) reduction of car dependence,

(e) use of landscaping to improve air, soil and water quality,

(f) optimisation of energy efficiency,

(g) waste minimisation.

80 Roads, drainage, recreational areas and parking

80 Roads, drainage, recreational areas and parking

Nothing in this plan prevents the Council or another public authority from carrying out, or requires the Council or another public authority to obtain consent to carry out, development on land within any zone for the purpose of roads, stormwater drainage, recreational areas, landscaping, gardening, bushfire hazard reduction, amenities buildings or parking.

81 Flood liable land

81 Flood liable land

(1) A person shall not subdivide land or build or carry out a work on flood liable land except with development consent.

(2) Consent must not be granted to the subdivision of, or to the erection of a building or the carrying out of a work on, flood liable land if, in the opinion of the Council, the subdivision, building or work would be likely—

(a) to impede the flow of flood waters on that land or land within its immediate vicinity, or

(b) to imperil the safety of persons or to cause damage to property on the land or land within its immediate vicinity in the event of those lands being inundated by floodwaters, or

(c) to aggravate the consequences of floodwaters flowing on to that land or land within its vicinity with regard to erosion, siltation or the destruction of vegetation, or

(d) to have an adverse effect on the water table of that land or of land within its immediate vicinity, or

(e) to cause pollution or contamination of floodwaters or land as a result of inundation by floodwaters.

(3) Consent shall not be granted to development on flood liable land unless the consent authority has taken into consideration the cumulative impact of development on flooding within the area.

(4) Before granting an application for development consent, the consent authority shall consider the possible effects of floods in excess of the flood planning level and the significance of the risk proposed by larger floods to the development.

82 Development on land identified on acid sulfate soils planning maps

82 Development on land identified on acid sulfate soils planning maps

(1) Consent usually required A person shall not, without development consent, carry out works described in the following Table on land of the class specified for those works, except as provided by subclause (3).

| Class of land as shown on acid sulfate soils planning maps | Works | | 1 | Any works | | 2 | Works below natural ground surfaceWorks by which the watertable is likely to be lowered | | 3 | Works beyond 1 metre below natural ground surfaceWorks by which the watertable is likely to be lowered beyond 1 metre below natural ground surface | | 4 | Works beyond 2 metres below natural ground surfaceWorks by which the watertable is likely to be lowered beyond 2 metres below natural ground surface | | 5 | Works within 500 metres of adjacent Class 1, 2, 3 or 4 land which are likely to lower the watertable below 1 metre AHD on adjacent Class 1, 2, 3 or 4 land |

(2) For the purpose of the Table to subclause (1), works includes—

(a) any disturbance of more than one tonne of soil (such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial waterbodies (including canals, dams and detention basins) or foundations, or flood mitigation works), or

(b) any other works that are likely to lower the watertable.

(3) Exception following preliminary assessment This clause does not require consent for the carrying out of works if—

(a) a copy of a preliminary assessment of the proposed works undertaken in accordance with the Acid Sulfate Soils Assessment Guidelines has been given to the Council, and

(b) the Council has provided written advice to the person proposing to carry out works confirming that results of the preliminary assessment indicate the proposed works need not be carried out pursuant to an acid sulfate soils management plan prepared in accordance with the Acid Sulfate Soils Assessment Guidelines.

(4) Considerations for consent authority A consent required by this clause must not be granted unless the consent authority has considered—

(a) the adequacy of an acid sulfate soils management plan prepared for the proposed development in accordance with the Acid Sulfate Soils Assessment Guidelines, and

(b) the likelihood of the proposed development resulting in the discharge of acid water, and

(c) (Repealed)

(5) Public authorities not excepted This clause requires consent for development to be carried out by councils, county councils or drainage unions despite—

(a) clause 35 and clauses 2 and 11 of Schedule 1 to the Environmental Planning and Assessment Model Provisions 1980, as adopted by this plan, and

(b) clause 10 of State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Complying Development.

cl 82: Am 2008 (571), Sch 3.9 [12].

83 Tourism development adjacent to waterways

83 Tourism development adjacent to waterways

The Council must not grant consent to the carrying out of development for the purpose of caravan parks, camping sites, ecotourism facilities, tourist accommodation or serviced apartments within 400 metres of the mean high water mark (or, where there is no mean high water mark, the top of the bank) of a river, lagoon or lake specified in Schedule 3 unless it has taken the following into consideration—

(a) the consequences of the development being located within close proximity to the waterway,

(b) the preservation and enhancement of the scenic quality of the foreshores,

(c) minimising the risk of pollution of any waterway involved in the development,

(d) the protection of foreshore ecosystems, having regard to the regional significance of the area to which the development application relates,

(e) the potential impacts of climate change including sea level rise.

cl 83: Subst 2008 (571), Sch 3.9 [13].

84 Building lines

84 Building lines

(1) Consent must not be granted to the erection of a building on land with frontage to a road unless the building is required to be set back from the nearest alignment of the road at a distance determined by the consent authority.

(2) In determining a distance for the purposes of this clause, the consent authority shall have regard to—

(a) the nature, scale and function of the building, and

(b) the maximisation of sight distances for drivers using the road, including visibility of points of access to the road, and

(c) the minimisation of distractions to drivers using the road, and

(d) any possible future need to alter the road alignment, and

(e) the desirability of maintaining existing roadside vegetation.

85 Height of buildings

85 Height of buildings

(1) A building shall not be erected on land to which this plan applies where—

(a) in the case of land within 50 metres of the mean high water mark—

(i) the building contains more than 2 storeys, or

(ii) the vertical distance between any part of the building and the natural ground level exceeds 7.5 metres, or

(b) in all other cases—

(i) the building contains more than 3 storeys, or

(ii) the vertical distance between any part of the building and the natural ground level exceeds 10 metres.

(2) When the number of storeys in a proposed building are counted for the purposes of this clause, any storeys that are basements, cellars or similar structures and that do not protrude more than 1.2 metres above finished ground level at the perimeter of the building are excluded.

(3) A reference in this clause to a building does not include a reference to any of the following—

(a) an aerial,

(b) a chimney stack,

(c) a mast,

(d) a pole,

(e) a receiving tower,

(f) a silo,

(g) a transmission tower,

(h) a utility installation,

(i) a ventilator,

(j) a building erected or to be erected on land within Zone 4 (a).

86 Development in flight paths

86 Development in flight paths

(1) A person shall not erect a building on land that is within the flight path of an airport to a height greater than 4 metres above natural ground level, except with development consent.

(2) Such a consent may be granted only if the consent authority is satisfied, after consultation with the Civil Aviation Safety Authority, that the building will not constitute an obstruction, hazard or potential hazard to aircraft flying in the vicinity.

(3) Before granting such a consent, the consent authority shall give consideration to any noise exposure forecasts prepared by the Civil Aviation Safety Authority and as to whether the proposed use of the building will be adversely affected by exposure to aircraft noise.

(4) For the purposes of this clause, the flight path of an airport shall include such land as is determined by the Civil Aviation Safety Authority and communicated to the Council.

87 Suspension of certain laws etc

87 Suspension of certain laws etc

(1) For the purpose of enabling development to be carried out in accordance with this plan (as in force at the time the development is carried out) or in accordance with a consent granted under the Act, any covenant, agreement or similar instrument which purports to impose restrictions on the carrying out of the development, to the extent necessary to serve that purpose, shall not apply to the development.

(2) Nothing in subclause (1) shall affect the rights or interests of any public authority under any registered instrument.

(3) Pursuant to section 28 of the Act, before the making of this clause the Governor approved of subclauses (1) and (2).

88 Particular development permitted with consent

88 Particular development permitted with consent

(1) Notwithstanding any other provision of this plan, a person may, with development consent or (if specified) without development consent carry out development on land referred to in Schedule 4 if the development is specified in relation to that land in that Schedule, but only subject to such conditions, if any, as are so specified.

(2) Subclause (1) does not affect the application, to or in respect of development to which that subclause applies, of such of the provisions of this plan as are not inconsistent with that subclause or with a consent granted in respect of the development.

89 Granny flat development

89 Granny flat development

(1) Consent may be granted to the erection of a granny flat or the conversion of part of an existing dwelling house into a granny flat within any zone (except Zone 1 (a), 3 (b), 4 (a), 5 (a), 6 (a), 6 (c), 7 (b), 7 (d), 7 (f1), 7 (f2), 9 (c) or 9 (d)), but only if—

(a) a lawfully approved dwelling house exists upon the land, and

(b) the land on which the granny flat is proposed to be erected has an area of not less than the minimum area required for the erection of a dwelling house, and

(c) the granny flat is ancillary to and associated with the principal dwelling, and

(d) a condition of the consent prohibits a subdivision to create a separate land title for the granny flat.

(2) Despite any other provision of this plan, consent must not be granted to the erection of a granny flat on land on which more than one dwelling already exists.

89A Demolition requires development consent

89A 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.

cll 89A: Ins 2019 (659), Sch 2.2.

89B Conversion of fire alarms

89B 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.

cll 89B: Ins 2019 (659), Sch 2.2.

89C Standards that cannot be used to refuse consent—playing and performing music

89C Standards that cannot be used to refuse consent—playing and performing music

(1) The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—

(a) the playing or performance of music, including the following—

(i) the genre of music played or performed, or

(ii) whether the music played or performed is live or amplified, or

(iii) whether the music played or performed is original music, or

(iv) the number of musicians or live entertainment acts playing or performing, or

(v) the type of instruments played,

(b) whether dancing occurs,

(c) the presence or use of a dance floor or another area ordinarily used for dancing,

(d) the direction in which a stage for players or performers faces,

(e) the decoration to be used, including, for example, mirror balls, or lighting used by players or performers.

(2) The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.

(3) In this clause—

licensed premises has the same meaning as in the Liquor Act 2007.

cl 89C: Ins 2020 (724), Sch 3.

89D Canal estate development prohibited

89D Canal estate development prohibited

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

(2) In this clause—

canal estate development has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

cl 89D: Ins 2022 (629), Sch 2[4].

Part 12 Provisions that apply to particular land

Part 12 Provisions that apply to particular land

90 Development of certain land within Zone 4 (a) at South Pambula

90 Development of certain land within Zone 4 (a) at South Pambula

(1) Consent must not be granted to development on land within Zone 4 (a) that adjoins or is visible to an observer standing at ground level on land within Zone 1 (c), 2 (f) or 2 (v) or land within a residential zone under this plan or another environmental planning instrument, unless the consent authority is satisfied that appropriate measures have been taken to screen buildings and outdoor storage areas.

(2) Consent must not be granted to development on land within Zone 4 (a) situated at South Pambula unless the consent authority is satisfied that—

(a) any proposed buildings are adequately set back from the Pambula River, and

(b) the development will not cause pollution or siltation of the Pambula River, and

(c) the development is sited, designed and to be operated in a manner which will not prejudice agricultural activity on any land in the locality.

91 Development of certain land at Boydtown

91 Development of certain land at Boydtown

(1) This clause applies to all of the land situated at Boydtown shown on sheet 30 of the zoning map, which is referred to in this clause as the Boydtown map.

(2) The objectives of this clause are—

(a) to enable development of tourist establishments at Boydtown for holiday purposes, and

(b) to ensure that development is consistent with the need to protect and conserve the environmental heritage of Boydtown.

(3) Notwithstanding any other provision of this plan, consent must not be granted for—

(a) a marina, boat landing facilities, a marine service centre, a boat shed, wharf or jetty, a building or place for dry storage of boats, or any other building or place used for, or in connection with, recreational boating activities unless it or they will be situated on that area of the land to which this clause applies shown cross hatched on the Boydtown map, or

(b) a boarding house, a dwelling house (other than a dwelling house used for a caretaker employed in connection with any development permissible within Zone 2 (c)) or multi unit housing (other than multi unit housing used only for holiday accommodation on land to which this clause applies within Zone 2 (c)).

(4) Notwithstanding any other provision of this plan except subclause (5), consent may be granted for development for the purpose of a road on land to which this clause applies within Zone 6 (a) or Zone 7 (f1) shown within a black dotted line on the Boydtown map.

(5) The Council must not grant consent as referred to in subclause (4) for development for the purpose of a road within Zone 7 (f1) unless it has taken into consideration—

(a) the extent to which the development would result in the degradation of, or restriction of access to, coastal recreation areas, and

(b) the extent to which the development would adversely affect the scenic qualities of the coastal landscape, and

(c) the potential impacts of climate change including sea level rise.

(6) (Repealed)

(7) Clause 46 (1) and (7) of Bega Valley Local Environmental Plan 1987 and the definitions of council and the map for that plan (in their application only to those provisions), as in force immediately before the commencement of this plan, are not repealed by this plan, despite clause 4.

(8) Except as provided by subclauses (9) and (13), consent must not be granted to the subdivision of land to which this clause applies within Zone 6 (a) or 7 (d).

(9) Consent may be granted to the subdivision of land to which this clause applies—

(a) within Zone 6 (a) for the purpose of any land use included in clause 38 (3) or (4) or for the purposes of roads, or

(b) within Zone 7 (d) for the purpose of roads or outdoor recreation.

(10) Consent must not be granted to any development on or with respect to land to which this clause applies within Zone 7 (d) which involves the clearing of land unless a detailed plan showing the trees and vegetation to be removed and retained and showing the trees to be planted has been considered by the consent authority. This clause does not apply to a subdivision for the purpose of roads.

(11) Despite any other provision of this clause, consent may be granted to the carrying out of development on land to which this clause applies relating to the conservation of church ruins.

(12), (13) (Repealed)

(14) Before granting consent to development for residential purposes referred to in subclause (13), the consent authority shall take into consideration any likely adverse impact of that development on the scenic environment of the area as viewed from public places.

(15) (Repealed)

cl 91: Am 2008 (571), Sch 3.9 [14] [15].

92 Development of certain land at West Pambula

92 Development of certain land at West Pambula

(1) This clause applies to land within Zone 2 (f) at West Pambula, as shown on sheet 29 of the zoning map.

(2) Despite any other provision of this plan, a person may carry out development for the purpose of a dwelling on land to which this clause applies, but only with development consent.

(3) Consent may be granted to the erection of a dwelling on an allotment of land to which this clause applies only if—

(a) in the case of an unsewered allotment—

(i) the allotment has an area of not less than 1,500 square metres and the consent authority is satisfied that sufficient area will be available for on-site treatment of septic waste, and

(ii) the siting of the dwelling will allow future re-subdivision of the land should a reticulated sewerage service become available, and

(b) the consent authority is satisfied that adequate arrangements have been or will be made to service the development with roads, drainage and a reticulated water supply.

93 Development at Merimbula Airport

93 Development at Merimbula Airport

(1) This clause applies to Lot 1, DP 549112, at Merimbula Airport, as shown on sheet 12 of the zoning map.

(2) Despite any other provision of this plan, a person may carry out development for the purpose of commercial, light industrial or community uses on the land to which this clause applies, but only with development consent.

(3) Consent may be granted to a commercial, light industrial or community use of the land to which this clause applies only if—

(a) the use does not interfere with the effective operation of the airport, and

(b) the use does not detract from the commercial viability of the Merimbula Central Business District.

94 Development at Kalaru racecourse

94 Development at Kalaru racecourse

(1) This clause applies to land situated at the Kalaru racecourse, as shown on sheet 10 of the zoning map.

(2) Despite any other provision of this plan, consent may be granted to the subdivision of the land to which this clause applies for the purpose of dwelling houses if—

(a) the total number of allotments created by the subdivision will not exceed 19, and

(b) each allotment will be not less than 2,000 square metres in area and not greater than 4,000 square metres in area, and

(c) the land is subdivided in accordance with the Community Land Development Act 1989 to create a neighbourhood scheme, and

(d) arrangements satisfactory to the Council have been made for providing for all neighbourhood lots an adequate and efficient means of access and effluent disposal that will both be shared by the occupiers of the neighbourhood parcel and the Sapphire Coast Turf Club.

(3) A dwelling house is permissible with development consent on a neighbourhood lot created in accordance with this clause, but only if—

(a) consent has been granted for a stabling complex on land to which this clause applies, and

(b) the complex has been completed or will be completed before the occupation of the dwelling.

(4) An additional dwelling is permissible with development consent on each of those lots if—

(a) the floor space of the additional dwelling is less than 60 square metres in area, and

(b) the dwelling is used for the accommodation of persons in the employ of the owner of the dwelling house allowed by subclause (3).

95 Development at Tathra Headland

95 Development at Tathra Headland

(1) This clause applies to land known as Lots 5 and 6 DP 17764 and Lot 1 DP 859237, Gordon Street, Tathra, as shown on sheet 25 of the zoning map, which is referred to in this clause as the Tathra Headland map.

(2) Despite any other provision of this plan, consent may be granted to development of the land only if—

(a) the development is for the purpose of a single storey dwelling house with a maximum wall height of 3.6 metres and maximum roof height of 2.4 metres, and

(b) the total maximum floor area of all buildings on the site does not exceed 50% of the area of the site shown unhatched on the Tathra Headland map, and

(c) all buildings are erected in the area shown unhatched on the Tathra Headland map, and

(d) the consent authority has considered a geotechnical and ocean attack study that supports the erection of the dwelling house on the site, and

(e) works related to the development are not required to be carried out on adjoining Crown land.

96 Residential development at Government Road, Eden

96 Residential development at Government Road, Eden

(1) Notwithstanding clause 26, before consent is granted to any subdivision for residential purposes of the land as shown on sheet 14 of the zoning map, the consent authority must consider a traffic impact study for the entire proposed development that has been prepared in consultation with the local traffic committee.

(2) Despite any other provision of the plan, consent must not be granted to the creation of more than 150 residential lots from the land as shown on sheet 14 of the zoning map until the Council has adopted strategies for the provision of a water supply to, and for the disposal of sewage arising from use of, the proposed lots.

cl 96: Am 2008 (571), Sch 3.9 [16].

97 Development of certain land at Sapphire Coast Drive and Tura Beach Drive, Tura Beach

97 Development of certain land at Sapphire Coast Drive and Tura Beach Drive, Tura Beach

(1) This clause applies to Lot 32, DP 243029 and Lot 1196, DP 613596, corner of Sapphire Coast Drive and Tura Beach Drive, Tura Beach, as shown edged heavy black and lettered “3 (a)” on the map marked “Bega Valley Local Environmental Plan 2002 (Amendment No 4)”.

(2) Despite any other provision of this plan, a person may, with development consent, carry out development on the land to which this clause applies for the purposes of retail, commercial or community uses.

(3) Consent may be granted to carry out the development referred to in subclause (2) only if—

(a) the total retail floor space on the land does not exceed 5,000 square metres in area and the total floor space of any individual retail premises does not exceed 3,200 square metres in area, and

(b) any proposed building is set back not less than 10 metres from the boundary of the land with Tura Beach Drive, and

(c) a detailed plan showing the trees and vegetation to be removed and the trees and vegetation to be planted has been considered by the consent authority, excluding any land to be set aside for the purpose of road access from Sapphire Coast Drive, and

(d) the consent authority is satisfied that adequate arrangements have been or will be made to service the development with roads, drainage, a reticulated water supply and effluent disposal, and

(e) any proposed building does not exceed 2 storeys in height and the vertical distance between any part of any such building and the natural ground level does not exceed 10 metres.

(4) A reference in this clause to a building does not include a reference to any of the following—

(a) an aerial,

(b) a chimney stack,

(c) a mast,

(d) a pole,

(e) a receiving tower,

(f) a silo,

(g) a transmission tower,

(h) a utility installation,

(i) a ventilator.

cl 97: Ins 2008 (200), Sch 1 [1].

Schedule 1 Land suitable for detached dual occupancy development in the Residential Low Density Zone

Schedule 1 Land suitable for detached dual occupancy development in the Residential Low Density Zone

(Clause 27)

Kangaroo Run, Tura Beach

Lot 41, DP 1008234
Lot 42, DP 1008234
Lot 43, DP 1008234
Lot 44, DP 1008234
Lot 45, DP 1008234
Lot 46, DP 1008234
Lot 47, DP 1008234
Lot 48, DP 1008234

Pacific Way, Tura Beach

Lot 3, DP 1008235
Lot 4, DP 1008235
Lot 5, DP 1008235
Lot 6, DP 1008235
Lot 7, DP 1008235
Lot 8, DP 1008235
Lot 16, DP 880603
Lot 17, DP 880603
Lot 18, DP 880603

The Dress Circle

Lot 1, DP 1000531
Lot 19, DP 1004985
Lot 20, DP 1004985
Lot 21, DP 1004985
Lot 22, DP 1004985
Lot 23, DP 1004985
Lot 24, DP 1004985
Lot 25, DP 1004985
Lot 28, DP 1004985
Lot 29, DP 1004985
Lot 44, DP 1004985
Lot 45, DP 1004985
Lot 46, DP 1004985
Lot 51, DP 1004985

Schedule 2 Reclassification of public land as operational land

Schedule 2 Reclassification of public land as operational land

(Clause 68)

sch 2: Am 2007 (362), Sch 1 [2]; 2009 (317), Sch 1 [2].

Schedule 3 Nominated waterways

Schedule 3 Nominated waterways

(Clause 83)

Back Lake
Baragoot Lake
Bega River (tidal sections)
Bermagui River
Blackfellows Lagoon
Curalo Lagoon
Cuttagee Lake
Little Lake
Merimbula Lake (excluding land within the town of Merimbula zoned residential or commercial)
Middle Lake
Murrah Lake
Nelson Lake
Nullica River (tidal sections)
Pambula Lake (from the confluence of Pambula River and Yowaka River to Pambula Beach)
Towamba River (tidal sections)
Wallaga Lake
Wallagoot Lake
Wapengo Lake
Wonboyn Lake (from the confluence of Wonboyn River and Bull Creek to Bay Cliff)

Schedule 4 Additional uses

Schedule 4 Additional uses

(Clause 88)

| Land | Additional development allowed | | Lot 1, DP 597804, Sams Corner Road, Bemboka | Development for the purpose of a joinery works and an ancillary dwelling house, subject to buildings not exceeding one storey in height or 160 square metres in area | | Portion 6, Parish of Brogo | Erection of a dwelling house to be used in conjunction with the use of the land for agriculture | | Lot 3, DP 252623, Parish of Bega | Development for the purpose of garaging, servicing and repair of buses | | Lot 6, Section 4, Village of Bermagui South | Development for the purpose of an antique shop and associated coffee lounge | | Lots 3 and 4, DP 100269, Eden Street, Bega | Development for the purpose of a sheltered workshop, therapeutic activity centre | | Lots 1–6, Section 1, and lots 1 and 2, Section 2, Parish of Wallagoot, Wallagoot Lake | Erection of a dwelling house on each allotment | | Lot 441, DP 45826, Tura Beach Road, Merimbula | Development for the purpose of a shop to be used in conjunction with a family entertainment centre | | Lot B of the resubdivision of lot 1, Portion 73, Parish of Wallagoot, Kalaru | Development for the purpose of a bottle museum | | Lots 7 and 8, Section 27, DP 2591, Avernus Street, Cobargo | Development for the purpose of a junkyard | | Portion 286, Parish of Bermagui | Development for the purpose of a waste management facility | | Portions 163, 164 and 266, Parish of Bermagui | Erection of 5 additional dwellings and subdivision of the land, and the provision of adequate curtilage (by way of subdivision) to each dwelling on the land, generally in accordance with the plan marked “Recommended Development and Conservation Strategies”, being Figure 7 of the Environmental Study by Cowman and Royston dated December 1989, a copy of which is deposited in the office of the Council | | Lot 1, DP 220772, Princes Highway, Parish of Yowaka | Erection of a dwelling house | | Lot 2, DP 589158, Valley Street, Bega | Development for the purpose of a vehicle repair station limited in scale to that of a home industry and employing only the owner of the property | | Lots 1–10, DP 739255, Red Gum Close, Bega | Erection of a dwelling house on each allotment | | Lot 95, DP 750236, Parish of Wallagoot | Development for the purpose of a commercial recording studio within the dwelling | | Lots 5–8, Section 13, DP 758197, Pericoe Street, Burragate | Erection of a dwelling house, but only if all the land is consolidated into one lot | | Lot 120, DP 847899 and Lot 1, DP 1004805 within Zone No 5 (a) situated at Arthur Kaine Drive, Merimbula | Development for the purpose of advertising structures; commercial premises; community centres; places of assembly; recreation areas; refreshment rooms; shops; recreation facilities; or any other use associated with or ancillary to community facilities erected on the land | | Lot 388 DP 750227 and Lot 485 DP 728071 | Development for the purpose of a medical centre, day surgery and light industry | | Bega Town Hall, Lot 701 section 39 DP 758076, Bega; Bemboka Hall, Lots 4 and 5, Section 5, DP 758087, Bemboka; Bermagui Hall, Lot 704 Section 7, DP 758095, Bermagui; Brogo Hall, Lot 28 DP 659783, Brogo; Candelo Hall Lot 1, Section 13, DP 758219, Candelo; Cobargo Hall, Lots 1, 2, 23 and 24, Section 7, DP 485, Cobargo; Kiah Hall, Lot 1, DP 334799, Kiah; Murrah Hall, Lot 85, DP 752153, Murrah; Pambula Hall, Lot 19, Section 40, DP 758825, Pambula; Quaama Hall, Lot 1, Section 8, DP 758860, Quaama; Rocky Hall, Lots 17 and 18, DP 2141, Rocky Hall; Tanja Hall, Lot 1 DP 951780, Tanja; Tathra Hall Lot 6 Sec 9 DP 758955 and Lot 9 DP 859420, Tathra; Tarraganda Hall Lot 279 DP 750190, Tarraganda; Twyford Hall Lots 1 and 2 DP 504572 and Lot 511 DP 818052, Merimbula; Wandella Hall Lot 171 DP 752164, Wandella; Wolumla Hall Lot 1, Section 1, DP 3808, Wolumla; Wyndham Hall, Lot 10, Section 29, DP 759125, Wyndham | Commercial or retail uses permitted without development consent for a maximum of 10 days per calendar year on condition that no such use is undertaken during the months of December and January | | Land at Bermagui as shown on the map marked “Bega Valley Local Environmental Plan 2002 (Clause 88)” available for public inspection at the office of the Council | Development for the purpose of—(a) marinas, and service and commercial activities ordinarily incidental or ancillary to marinas, and(b) tourist accommodation,but only if the scale and nature of development is complementary and ancillary to the purposes for which the land is zoned. | | Land at South Pambula as shown on the map marked “Bega Valley Local Environmental Plan 2002 (Clause 88)” available for public inspection at the office of the Council | Dwelling houses, attached dual occupancy and granny flat development, subject to—(a) compliance with the requirements set out in clause 26, and(b) arrangements satisfactory to the consent authority are made for the provision of roads and drainage that meet the Council’s urban design standards, a reticulated water supply and a reticulated sewerage and effluent disposal in respect of the land. | | Portion 118, Parish of Yowaka, Broadwater | Erection of a dwelling house | | Lot 3 DP 258654, Part Lot 179 DP 750203 and land situated in the road reserve between Fastigata Road and Wattle Road, Snowy Mountains Highway, Brown Mountain | Development for the purpose of—(a) B-double truck parking area, and(b) general truck and trailer parking (including B-double trucks and trailers and single trailer vehicles) but only for short periods of time not exceeding 6 hours at any one time, and(c) vehicle registration inspections. | | Lot 2, DP 634021, Quarantine Bay | Development for the purpose of tourist accommodation | | Lot 55, DP 750194, (and adjacent Crown land as shown diagonally hatched on the zoning map), Sapphire Coast Drive, Merimbula, Lot 312, DP 728092, Tathra—Bermagui Road, Bermagui and Lot 1, DP 507706, Princes Highway, Eden | Waste management facilities or works operated by or on behalf of the Council, without the need for development consent, for a maximum of 10 years from the appointed day, but only if that use is undertaken in accordance with an Environmental Management Plan prepared in accordance with the Environmental Guidelines: Solid Waste Landfills (1996) published by the Environment Protection Authority. | | Part of Lot 307, DP 735144, Murrah Street, Bermagui, as shown cross-hatched, edged heavy black and lettered “2 (b)” on the map marked “Bega Valley Local Environmental Plan 2002 (Amendment No 8)” | Development for the purpose of tourist accommodation | | Lot 41, DP 752130, Old Tilba Road, Wallaga Lake | Development for the purpose of a function centre. |

sch 4: Am 2007 (435), cl 4; 2009 (409), Sch 1 [1]; 2010 (70), cl 4 (1).