New South Wales regulation

Byron Local Environmental Plan 1988

In ForceNSW

Jurisdiction

New South Wales

Act Number

329 of 1988

Collection

regulation

Plain English Summary

8/10 complexity

This local environmental plan sets the zoning map and the rules that control what land uses are permitted, need council consent, or are prohibited across Byron Shire. It also imposes environmental, heritage, subdivision and site‑specific controls and requires management or remediation plans for some developments. The plan matters to landowners, developers and public authorities because the Council is the consent authority (cl 7) and must apply the plan’s aims (cl 2A(1), cl 9). Applicants usually bear costs for remediation and infrastructure required by consents (cl 39A(2); cl 45).

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What it does

This instrument, captioned Byron Local Environmental Plan 1988, establishes the land-use regulatory framework for the Byron Shire local government area. Mechanically it does the following.

Zones all land in the Shire and links each parcel to a set of zone objectives and a development control table (cl 3; cl 8; cl 9). The map-based zoning system in clause 8 describes the zone numbering and the map legends (for example Zone No 1 (a) General Rural Zone; Zone No 3 (a) Business Zone; Zone No 7 (a) Wetlands Zone).
Sets the consent authority for the plan: the council is the consent authority (cl 7).
Prescribes what development is permitted without consent, what requires consent and what is prohibited in each zone (cl 9(2)-(3) and the table entries). It designates categories of exempt and complying development by reference to Chapter 16 of the Byron 2010 Development Control Plan (DCP) (cl 9(4)-(7)).
Controls subdivision and the erection of dwellings through minimum lot sizes, limits on the number of allotments that may be created, and conditions attaching to particular mapped areas and schedules (cl 10-15, 11A-11B, Schedule 7, Schedule 8).
Introduces site‑specific and thematic controls: heritage protections (Div 2, cl 18-22 and Schedule 2), flood and coastal controls (cl 23, cl 24, cl 32-33), scenic and ridgetop controls (cl 30-31), acid sulfate soils controls (cl 63), tree preservation orders (cl 52), signage controls (cl 64), and height/building line limits (cl 27; cl 40; cl 39C).
Creates pathways for alternative tenure or settlement models: multiple occupancy/rural landsharing (cl 17A), and limited community title subdivision tied to precise schedules and management plan requirements (cl 17B; Sch 13).

Current sections

Direct links to the current provisions in Byron Local Environmental Plan 1988.

106

Part 1

Preliminary

Part 1 Preliminary

Name of plan

1 Name of plan

This plan may be cited as Byron Local Environmental Plan 1988.

Aim, objectives and guiding principles

2 Aim, objectives and guiding principles

(1) Aim The aim of this plan is to promote sustainable development in Byron by furthering the objects of the Environmental Planning and Assessment Act 1979, particularly in regard to—

(a) the application to proposed development of guiding principles for the management, development and conservation of natural and human made resources (including natural areas, forests, coastal areas, water, agricultural land, extractive resources, towns, villages and cultural amenities) for the purpose of promoting the social and economic welfare of the community, protecting ecological and cultural heritage and achieving a better environment,

(b) the promotion and coordination of the orderly and economic use and development of land,

(c) the provision and coordination of community services and facilities,

(d) the protection of the environment, including the protection and conservation of native animals and plants, including threatened species, populations and ecological communities and their habitats,

(e) the provision of increased opportunity for public involvement and participation in environmental planning and assessment, and

(f) the protection and promotion of the use and development of land for arts and cultural activity, including music and other performance arts.

(2) Objectives The objectives of this plan are—

(a) to enhance individual and community (social and economic) well-being by following a path of economic development that safeguards the welfare of future generations,

(b) to provide for equity within and between generations, and

(c) to protect biodiversity, and re-establish and enhance essential ecological processes and life support systems.

(3) Guiding principles The objectives can be achieved through the implementation of the following guiding principles—

(a) The precautionary principle. The precautionary principle means that where there are threats of serious or irreversible damage to the community’s ecological, social or economic systems, a lack of complete scientific evidence should not be used as a reason for postponing measures to prevent environmental degradation. In some circumstances this will mean actions will need to be taken to prevent damage even when it is not certain that damage will occur.

(b) The principle of intergenerational equity. This principle means that the present generation must ensure that the health, integrity, ecological diversity, and productivity of the environment is at least maintained or preferably enhanced for the benefit of future generations.

(c) The principle of conserving biological diversity and ecological integrity. This principle aims to protect, restore and conserve the native biological diversity and enhance or repair ecological processes and systems.

(d) The principle of improving the valuation and pricing of social and ecological resources. This principle means that the users of goods and services should pay prices based on the full life cycle costs (including the use of natural resources at their replacement value, the ultimate disposal of any wastes and the repair of any consequent damage).

(e) The principle of eliminating or reducing to harmless levels any discharge into the air, water or land of substances or other effects arising from human activities that are likely to cause harm to the environment.

(f) The principle of encouraging a strong, growing and diversified economy that promotes local self reliance, and recognises and strengthens the local community and its social capital in ways that safeguard the quality of life of future generations.

(g) The principle of providing credible information in open and accountable processes to encourage and assist the effective participation of local communities in decision making.

cl 2: Subst 6.3.1998. Am 2020 (724), Sch 1.4[1] [2].

Implementation of aim, objectives and guiding principles

2A Implementation of aim, objectives and guiding principles

(1) The Council shall grant consent to the carrying out of development on land to which this plan applies only where the Council is of the opinion that the carrying out of the development is consistent with the aim, objectives and guiding principles of this plan.

(2) Before determining a development application, the council shall have regard to the information, guidelines and recommendations in the following strategies, policies and studies adopted by the council—

(a) State of the Environment Report,

(b) Byron Flora and Fauna Study,

(c) Byron Biodiversity Conservation Strategy,

(d) Byron Rural Settlement Strategy,

(e) Small Towns and Villages Settlement Strategies,

(f) Coastline Management Plan.

cl 2A: Ins 6.3.1998. Am 22.3.2002.

Land to which plan applies

3 Land to which plan applies

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

cl 3: Subst 22.3.2002.

Relationship to other environmental planning instruments

4 Relationship to other environmental planning instruments

(1) This plan—

(a) repeals the environmental planning instruments referred to in subclause (2), and

(b) (Repealed)

(2) The following environmental planning instruments are repealed—

(a) Interim Development Order No 1—Municipality of Mullumbimby,

(b) Byron Local Environmental Plans Nos 1–16, and

(c) such other deemed environmental planning instruments and local environmental plans as, immediately before the appointed day, applied to the land to which this plan applies, to the extent to which those instruments and plans so applied to that land.

(3) (Repealed)

cl 4: Am 22.3.2002.

Definitions

5 Definitions

(1) Terms used in this plan that are defined in the Dictionary at the end of this plan have the meaning set out in the Dictionary.

(2) In this plan—

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

(b) a reference to a map is a reference to a map deposited in the office of the council, and

(c) a reference to land within a zone specified in the Table to clause 9 is a reference to land shown on the map in the manner indicated in clause 8 as the means of identifying land of the zone so specified, and

(d) a reference in relation to land, to the adopted flood level is a reference to the height above Australian Height Datum to which the council has determined that a flood is likely to rise in respect of that land, and

(e) a reference to a report, study, strategy or plan referred to in clause 2A(2) is a reference to such a report, study, strategy or plan in force from time to time and deposited in the office of the council.

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

cl 5: Am 9.6.1989; 14.7.1989; 1.9.1989; 20.10.1989; 30.3.1990; 20.4.1990; 21.9.1990; 2.11.1990; 2.8.1991; 31.1.1992; 25.9.1992; 8.1.1993; 15.1.1993; 23.4.1993; 3.9.1993; 5.8.1994; 2.9.1994; 11.11.1994; 13.1.1995; 14.7.1995; 21.7.1995; 12.7.1996; 9.8.1996; 1.11.1996; 12.9.1997; 20.2.1998; 27.2.1998; 6.3.1998; 17.7.1998; 31.7.1998; 11.12.1998; 26.2.1999; 15.10.1999; 3.12.1999; 25.2.2000; 10.3.2000; 17.3.2000; 31.3.2000; 12.5.2000; 18.5.2001; 8.6.2001; 15.3.2002; 22.3.2002; 2007 (137), Sch 1 [1]–[3]; 2019 (659), Sch 1.7[1].

Savings provisions relating to development applications

6 Savings provisions relating to development applications

(1) 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.

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

cl 6: Am 14.7.1989; 17.7.1998. Rep 22.3.2002. Ins 2023 (524), Sch 1.1[3]. Am 2023 (609), Sch 2.6[1].

Consent authority

7 Consent authority

The council shall be the consent authority for the purposes of this plan.

Part 2

General restrictions on development of land

Part 2 General restrictions on development of land

Zones indicated on the map

8 Zones indicated on the map

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

Rural

Zone No 1 (a)—(General Rural Zone)—black edging, lettered “1 (a)” and coloured light brown.

Zone No 1 (b1)—(Agricultural Protection (b1) Zone)—black edging, lettered “1 (b1)” and coloured light brown.

Zone No 1 (b2)—(Agricultural Protection (b2) Zone)—black edging, lettered “1 (b2)” and coloured light brown.

Zone No 1 (c1)—(Small Holdings (c1) Zone)—black edging, lettered “1 (c)” and coloured light brown.

Zone No 1 (c2)—(Small Holdings (c2) Zone)—black edging, lettered “1 (c2)” and coloured light brown.

Zone No 1 (d)—(Investigation Zone)—black edging, lettered “1 (d)” and coloured light brown.

Zone No 1 (e)—(Extractive Resources Zone)—black edging, lettered “1 (e)” and coloured light brown.

Zone No 1 (f)—(Forestry Zone)—black edging, lettered “1 (f)” and coloured light brown.

Zone No 5 (b)—(High Hazard Flood Liable Zone) lettered “5 (b)” and coloured yellow.

Urban

Zone No 2 (a)—(Residential Zone)—black edging, lettered “2 (a)” and coloured light scarlet.

Zone No 2 (t)—(Tourist Area Zone)—black edging, lettered “2 (t)” and coloured light scarlet.

Zone No 2 (v)—(Village Zone)—black edging, lettered “2 (v)” and coloured light scarlet.

Zone No 3 (a)—(Business Zone)—black edging, lettered “3 (a)” and coloured light blue.

Zone No 4 (a)—(Industrial Zone)—black edging, lettered “4 (a)” and coloured purple.

Zone No 5 (a)—(Special Uses Zone)—black edging, lettered “5 (a)” and coloured yellow.

Zone No 6 (a)—(Open Space Zone)—black edging, lettered “6 (a)” and coloured dark green.

Zone No 6 (b)—(Private Open Space Zone)—black edging, lettered “6 (b)” and coloured dark green, with yellow edging.

Environmental Protection

Zone No 7 (a)—(Wetlands Zone)—black edging, lettered “7 (a)” and coloured orange.

Zone No 7 (b)—(Coastal Habitat Zone—black edging, lettered “7 (b)” and coloured orange.

Zone No 7 (c)—(Water Catchment Zone)—black edging, lettered “7 (c)” and coloured orange.

Zone No 7 (d)—(Scenic/Escarpment Zone)—black edging, lettered “7 (d)” and coloured orange.

Zone No 7 (f1)—(Coastal Lands (f1) Zone)—black edging, lettered “7 (f1)” and coloured orange.

Zone No 7 (f2)—(Urban Coastal Lands (f2) Zone)—black edging, lettered “7 (f2)” and coloured orange.

Zone No 7 (j)—(Scientific Zone)—black edging, lettered “7 (j)” and coloured orange.

Zone No 7 (k)—(Habitat Zone)—black edging, lettered “7 (k)” and coloured orange.

Zone No 8 (a)—(National Parks and Nature Reserve Zone)—black edging, lettered “8 (a)” and uncoloured with dark green edging.

Reservation

Zone No 9 (a)—(Proposed Road Zone)—black edging, lettered “9 (a)” and with a red and white band.

Zone objectives and development control table

9 Zone objectives and development control table

(1) The objectives of each zone are set out in the table to his clause under the heading “Objectives of Zone” appearing in the matter relating to the zone.

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

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

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

(c) development is prohibited,

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

(3) Except as otherwise provided by this plan, the council shall not grant consent to the carrying out of development on land to which this plan applies unless the Council is of the opinion that the carrying out of the development is consistent with the objectives of the zone within which the development is proposed to be carried out.

(4) Development of minimal environmental impact and satisfying the provisions defining exempt development in Chapter 16 of the Byron 2010 DCP is exempt development.

(5) Development is complying development if it—

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

(b) satisfies the provisions defining complying development in Chapter 16 of the Byron 2010 DCP, and

(c) is not an existing use as defined in the Environmental Planning and Assessment Act 1979.

(6) Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Chapter 16 of the Byron 2010 DCP.

(7) A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Chapter 16 of the Byron 2010 DCP.

Table

Zone No 1 (a) (General Rural Zone)

Zone No 1 (b1) (Agricultural Protection (b1) Zone)

Zone No 1 (b2) (Agricultural Protection (b2) Zone)

Zone No 1 (c1) (Small Holdings Zone)

Zone No 1 (c2) (Small Holdings (c2) Zone)

Zone No 1 (d) (Investigation Zone)

Zone No 1 (e) (Extractive Resources Zone)

Zone No 1 (f) (Forestry Zone)

Zone No 2 (a) (Residential Zone)

Zone No 2 (t) (Tourist Area Zone)

Zone No 2 (v) (Village Zone)

Zone No 3 (a) (Business Zone)

Zone No 4 (a) (Industrial Zone)

Zone No 5 (a) (Special Uses Zone)

Zone No 5 (b) (High Hazard Flood Liable Zone)

Zone No 6 (a) (Open Space Zone)

Zone No 6 (b) (Private Open Space Zone)

Zone No 7 (a) (Wetlands Zone)

Zone No 7 (b) (Coastal Habitat Zone)

Zone No 7 (c) (Water Catchment Zone)

Zone No 7 (d) (Scenic/Escarpment Zone)

Zone No 7 (f1) (Coastal Land Zone)

Zone No 7 (f2) (Urban Coastal Land Zone)

Zone No 7 (j) (Environmental Protection Scientific Zone)

Zone No 7 (k) (Habitat Zone)

Zone No 8 (a) (National Parks and Nature Reserve Zone)

Zone No 9 (a) (Proposed Road Zone)

cl 9: Am 17.3.2000; 22.3.2002; 2010 (524), cl 4 (1); 2011 (331), Sch 1 [1] [2].

cl 9, table: Am 14.7.1989; 20.10.1989; 2.11.1990; 8.1.1993; 17.7.1998; 11.12.1998; 17.3.2000; 22.3.2002; 14.11.2003; 2004 No 91, Sch 2.7 [1] [2]; 2008 (571), Sch 3.26 [1].

Part 3

Special provisions

Part 3 Special provisions

Division 1

Subdivision and dwelling-houses

Division 1 Subdivision and dwelling-houses

Subdivision generally

10 Subdivision generally

(1) A person shall not subdivide land to which this plan applies except with the consent of the council.

(2) However, consent is not required for a subdivision under the Strata Schemes Development Act 2015 of a building erected on land within Zone No 2 (a), 2 (t), 2 (v), 3 (a), 4 (a) or 7 (f2) if—

(a) the building has been constructed in accordance with a development consent, or

(b) the building has been lawfully constructed without development consent.

(3) Where land is zoned for the purpose of a proposed new road, the council shall not consent to a subdivision of land of which the proposed road forms part unless the subdivision makes provision for the opening of a road in reasonable conformity with the proposed road.

cl 10: Subst 17.7.1998. Am 22.3.2002; 2019 No 14, Sch 2.3[1].

Subdivision in rural areas for agriculture etc

11 Subdivision in rural areas for agriculture etc

(1) The council shall not consent to the subdivision of land for agriculture, forestry or a dwelling-house within the zones shown in Column 1 of the Table to this clause unless the area of each of the allotments to be created is not less than that shown opposite that zone in Column 2 of the Table and, in the opinion of the council, each allotment is of satisfactory shape and has a satisfactory frontage.

| Column 1 | Column 2 | | Zone | Minimum Areaha | | Rural 1 (a) General Rural Zone | 40 | | Rural 1 (b1) Agricultural Protection (“b1”) Zone | 40 | | Rural 1 (b2) Agricultural Protection (“b2”) Zone | 20 | | Rural 1 (c1) Small Holdings (“c1”) Zone | 0.4 | | Rural 1 (c2) Small Holdings (“c2”) Zone | 0.2 | | Rural 1 (d) Investigation Zone | 40 | | Urban 2 (t) Tourist Area Zone | 1 | | Environmental Protection 7 (a) Wetlands Zone | 40 | | Environmental Protection 7 (b) Coastal Habitat Zone | 40 | | Environmental Protection 7 (c) Water Catchment Zone | 40 | | Environmental Protection 7 (d) Scenic/Escarpment Zone | 40 | | Environmental Protection 7 (f1) Coastal Lands Zone | 40 | | Environmental Protection 7 (j) Scientific Zone | 40 | | Environmental Protection 7 (k) Habitat Zone | 40 |

(2) Notwithstanding subclause (1), the council may only consent to—

(a) the subdivision of any land within Zone No 1 (c1) where the number of allotments to be created by the subdivision for the purpose of a dwelling-house is not greater than the area of land divided by 2.5, and

(b) the subdivision of any land within Zone No 1 (c2) shown unhatched on the map—where the number of allotments to be created by the subdivision for the purpose of a dwelling-house is not greater than the area of land divided by 0.8, and

(c) the subdivision of any land within Zone No 1 (c2) shown hatched on the map—where the number of allotments to be created by the subdivision for the purpose of a dwelling-house is not greater than the area of land divided by 0.4.

(3) In subclause (2)—

land means a parcel or parcels of land held under a separate title on the appointed day.

cl 11: Am 14.7.1989; 22.3.2002; 2010 (457), cl 4.

cl 11, table: Am 22.3.2002.

11A

Restriction on number of allotments of land within Zones No 1 (c1) and 1 (c2)

11A Restriction on number of allotments of land within Zones No 1 (c1) and 1 (c2)

(1) This clause applies to land within Zone No 1 (c1) or 1 (c2).

(2) The Council must not consent to a subdivision for the purpose of rural residential development—

(a) if the subdivision will result in the creation of a number of allotments of land to which this clause applies during a 5-year period to be used for that purpose which will exceed the maximum number of allotments specified by the council for that period, or

(b) if there is no maximum number so specified for the current 5-year period.

cl 11A: Ins 14.7.1995. Am 2008 (571), Sch 3.26 [2].

11B

Development of certain land at Coorabell

11B Development of certain land at Coorabell

(1) This clause applies to certain land at Coorabell, within Zone No 1 (c1) and shown stippled on the map marked “Byron Local Environmental Plan 1988 (Amendment No 54)”.

(2) The Council shall not consent to the subdivision of land to which this clause applies for the purpose of agriculture, forestry, a dwelling-house or a rural worker’s dwelling, unless the area of each of the allotments to be created is not less than 40 hectares.

cl 11B: Ins 12.9.1997.

Subdivision in rural areas for certain other purposes

12 Subdivision in rural areas for certain other purposes

(1), (2) (Repealed)

(3) The council may consent to the subdivision of land within Zone No 1 (b2) (Agriculture Protection Zone) where the area of each allotment to be created by the subdivision is not less than 13 hectares.

(4) In deciding whether to grant consent referred to in subclause (3), the matters which the council must take into consideration are—

(a) the area and quality of the land and its potential agricultural productivity,

(b) the likely effects, both economic and otherwise, that the proposed subdivision will have on agricultural industries in the area and the resources employed by or in connection with those industries,

(c) the likely effects, both economic and otherwise, that the proposed subdivision will have on the use and development of other land and resources in the area,

(d) whether there are any reasonable alternatives to the proposed subdivision in the circumstances,

(e) the effect of the existence of, or potential to erect, a dwelling,

(f) the cumulative effect of similar proposals if concurrence is granted,

(g) the likelihood of the proposed allotments remaining available for agricultural use, and

(h) the adequacy of the water supply to the proposed allotments.

cl 12: Am 22.3.2002; 2008 (571), Sch 3.26 [3] [4].

Closer rural settlement

13 Closer rural settlement

(1) This clause applies to and within Zones Nos 1 (c1) and 1 (c2).

(2) (Repealed)

(3) Subject to clause 11, the council may consent to the subdivision of land within Zone No 1 (c2) where—

(a) a reticulated town water supply can be provided to the land, and

(b) the subdivision is linked by a bitumen sealed road to the nearest urban service centre.

(4) In this clause—

land means a parcel of land held under a separate title on the appointed day.

cl 13: Am 17.7.1998.

Residential areas and rural villages

14 Residential areas and rural villages

(1) This clause applies to land within Zones Nos 2 (a), 2 (t) and 2 (v).

(2) (Repealed)

(3) The council shall not consent to the subdivision of the land in West Suffolk Park as shown on the map marked “Byron Local Environmental Plan 1988 (Amendment No 2)” unless drainage works have been constructed in those areas shown hatched on the map marked “Byron Local Environmental Plan 1988 (Amendment No 2)” to the satisfaction of the council’s chief engineer.

(4) (Repealed)

(5) In subclause (6), original holding means a lot in a current plan (within the meaning of section 7A of the Conveyancing Act 1919) on the appointed day.

(5A) The Council may only consent to the subdivision of the land in Ocean Shores shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 59)” into 2 allotments, with no more than one dwelling-house on each allotment so created.

(6) The Council may consent to a subdivision of all or part of an original holding at Suffolk Park within Zone No 2 (a) shown hatched on the map marked “Byron Local Environmental Plan 1988 (Amendment No 19)” only if—

(a) the total number of allotments into which, after the subdivision, the original holding will be divided, will not exceed the number obtained by multiplying the area of the original holding in hectares by 5, and

(b) the Council is satisfied that the maximum possible number of trees will be retained on each proposed allotment.

(7) The council may consent to the erection of a dwelling-house on land to which this clause applies only if its floor space ratio does not exceed 0.5:1.

cl 14: Am 9.6.1989; 15.1.1993; 3.9.1993; 20.2.1998; 17.7.1998; 22.3.2002; 6.12.2002; 14.11.2003.

Dwelling-houses

15 Dwelling-houses

(1) This clause applies to land within Zone No 1 (a), 1 (b1), 1 (b2), 1 (c1), 1 (c2) 1 (d), 7 (c) or 7 (d).

(1A) A dwelling-house may not be erected on land to which this clause applies except in accordance with this clause.

(2) In subclause (2A), existing holding means—

(a) an allotment, lot or portion in existence on the relevant day that was not on that day held in the same ownership as any adjoining or adjacent allotment, lot or portion, and that has not been subdivided since that day, or

(b) each area of land comprised of all adjoining or adjacent allotments, lots or portions that were held in the same ownership on the relevant day, and that have not been subdivided since that day.

In this definition, relevant day means—

(a) in the case of land formerly subject to Interim Development Order No 1—Shire of Byron, 8 November 1968, or

(b) in the case of land formerly subject to Interim Development Order No 1—Municipality of Mullumbimby, 9 November 1973.

(2A) Consent may be granted to the erection of a dwelling-house on land to which this clause applies only if there is no dwelling already on the land and only if the land is—

(a) an existing holding, or

(b) an allotment created in accordance with clause 11, 11B, 12(3) or 13, or

(c) a lot or portion referred to in Schedule 7, or

(d) if a deposited plan is referred to in Schedule 7 without reference to any particular lot or lots in it, any of the lots in the deposited plan, or

(e) a portion or a lot (not included by paragraph (c) or (d)) that was created between 8 November 1968 and 21 April 1988 under the provisions of Interim Development Order No 1—Shire of Byron or Interim Development Order No 1—Municipality of Mullumbimby and is subject to a certificate of subdivision signed during that period by the Council’s Clerk.

(2B) However, subclause (2A) does not prevent consent being granted to the erection of a dwelling-house on land described in that subclause that has been affected only by the following—

(a) a minor boundary adjustment, such as to rectify an encroachment on an allotment,

(b) a consolidation of lots, but not so as to reduce the area of the land on which the dwelling-house will be erected,

(c) excision of part of the land if the part is to be acquired by a public authority,

(d) excision of part of the land if the Council is satisfied the part is, or is intended to be, used for a public purpose.

(3) The council shall not consent to the erection of a dwelling-house in accordance with this clause unless it has satisfied itself that the dwelling will have adequate access and services and will not cause significant adverse environmental impact.

cl 15: Subst 14.7.1989. Am 2.11.1990; 12.9.1997; 17.7.1998; 17.3.2000; 6.9.2002; 6.12.2002; 11.6.2004.

15A

15A (Repealed)

Rural workers’ dwellings

16 Rural workers’ dwellings

(1) This clause applies to land within Zones Nos 1 (a), 1 (b1), 1 (b2), 1 (d), 7 (c) or 7 (d).

(2) The council shall not consent to the erection of a rural workers’ dwelling on land to which this clause applies unless—

(a) the erection of the additional dwelling will not impair the suitability of the land for agriculture,

(b) the needs of existing agriculture genuinely require that rural workers reside on the land,

(c) any other rural workers’ dwellings on the land are being used by persons substantially engaged in agricultural employment on that land, and

(d) the rural worker to occupy the dwelling is to be employed by the owner of the land.

(3) A rural worker’s dwelling may, with the consent of the council, be erected on a parcel of land to which this clause applies on which a rural worker’s dwelling is already in existence if the number of such dwellings does not exceed one for each 40 hectares of land contained within the parcel.

Dual occupancy

17 Dual occupancy

(1) This clause applies to land within Zones Nos 1 (a), 1 (b1), 1 (b2), 1 (c1), 1 (c2), 1 (d), 2 (a), 2 (t), 2 (v), 7 (c), 7 (d) and 7 (f2).

(2) In this clause, dual occupancy building means a building containing 2 dwellings.

(3) Where in accordance with clause 9, development for the purpose of a dwelling-house may be carried out on an allotment of land within Zones Nos 2 (a), 2 (t), 2 (v) or 7 (f2), a person may, with the consent of council—

(a) erect a dual occupancy building on the allotment of land,

(b) alter or add to a dwelling-house erected on the allotment of land so as to create a dual occupancy building,

(c) erect 2 dwelling-houses on the allotment, or

(d) erect a dwelling-house in addition to one already erected on the allotment,

if, but only if, not more than 2 dwellings will be created or result on the allotment.

(4) Where, in accordance with clause 9, development for the purpose of a dwelling-house may be carried out on an allotment of land within Zones Nos 1 (a), 1 (b), 1 (c1), 1 (c2), 1 (d), 7 (c) or 7 (d) to which this clause applies, a person may with the consent of the council—

(a) erect a dual occupancy building on the allotment of land, or

(b) alter or add to a dwelling-house erected on the allotment of land so as to create a dual occupancy building.

(5) The council shall not grant consent as referred to in subclause (3) or (4) unless—

(a) arrangements satisfactory to it have been made for the provision of a water supply to each dwelling and for the disposal of sewage and stormwater from each dwelling, and

(b) the area of the allotment on which the dwellings are or will be erected is not less than 800 square metres.

(6) Except as provided by subclause (7), the council shall not grant consent as referred to in subclause (3) or (4) unless the floor space ratio of any building on the land will not exceed 0.5:1.

(7) Where—

(a) an application is made to the council in accordance with subclause (3) or (4) to alter or add to a dwelling-house to create a dual occupancy building, and

(b) the floor space ratio of the dwelling-house before it is altered or added to exceeds 0.5:1,

the council may consent to the application if the floor space ratio of the dual occupancy building to be created is not more than the floor space ratio of the dwelling-house before the alteration or addition.

(8) Where, in accordance with this clause, a dual occupancy building is erected or created, or is proposed to be erected or created, on land within a rural zone, the separate occupation of the several lots illustrated by a proposed strata plan relating to that building is prohibited.

(9) (Repealed)

cl 17: Am 14.7.1989; 22.3.2002; 14.11.2003.

17A

Multiple occupancy

17A Multiple occupancy

(1) This clause applies to land shown edged in heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 67)” deposited in the office of the council (the Amendment No 67 land) and to land referred to in Schedule 10 (the Schedule 10 land).

(2) The objectives of this clause are—

(a) to enable—

(i) people to collectively own a single allotment of land and use it as their principle place of residence, and

(ii) the erection of multiple dwellings on the allotment and the sharing of facilities and resources, and

(iii) the collective environmental repair and management of the allotment, and

(iv) the pooling of resources to economically develop a wide range of communal rural living opportunities, and

(b) to facilitate closer rural settlement in a clustered style in a manner that—

(i) protects the environment, and

(ii) does not create an unreasonable demand for the provision of services or a demand for the uneconomic provision of services, and

(iii) does not involve subdivision, creation of strata titles or any other form of separate land title for individual dwellings and does not involve separate legal rights of ownership of determined parts of the land through other means such as agreements, dealings, company shares, trusts or time-sharing arrangements, and

(c) to implement the aims, guiding principles, guidelines and performance standards for rural settlement in the Byron Rural Settlement Strategy 1998, available from the office of the council.

(3) The council may grant consent—

(a) in the case of a parcel of the Amendment No 67 land—to development for the purpose of not more than 6 to 15 dwellings-houses (inclusive of any existing dwellings) on that parcel, and

(b) in the case of each parcel of Schedule 10 land identified in that Schedule—to development for the purpose of not more than the number of dwellings indicated for that parcel in Schedule 10 (inclusive of any existing dwellings) on that parcel.

(4) Such a consent may be granted only if—

(a) the parcel of land comprises a single allotment, and

(b) except in the case of a parcel of Schedule 10 land, the area of the parcel is not less than 20 hectares, and

(c) the council is satisfied that the land will be managed in accordance with the following, both prepared to the council’s satisfaction and addressing the issues specified in the Byron Rural Settlement Strategy 1998—

(i) a Rural Landsharing Management Plan, and

(ii) an Environmental Enhancement and Management Plan, and

(d) the council has taken into account an Environmental Impact Assessment Report addressing the issues specified for such a report in the Byron Rural Settlement Strategy 1998, and

(e) in the case of an allotment of the Amendment No 67 land—

(i) the number of dwelling-houses (inclusive of any existing dwellings) on the allotment will not exceed one dwelling-house for each 3 hectares of the total area of the allotment, and

(ii) for each such dwelling-house there is not less than one hectare of developable land identified in accordance with the Byron Rural Settlement Strategy 1998, and

(f) the location of the dwelling-houses (excluding any existing dwelling or dwellings) is in a clustered style in accordance with the Byron Rural Settlement Strategy 1998.

(5) Except as provided by clause 17B, if the council grants consent in accordance with this clause to development on a parcel of land to which this clause applies, subdivision of that parcel (including subdivision under the Community Land Development Act 1989 or subdivision by means of a strata plan or a strata plan of subdivision within the meaning of the Strata Schemes Development Act 2015 is prohibited.

cl 17A: Ins 1.5.1992. Am 17.7.1998. Subst 10.12.1999. Am 2006 (393), Sch 1 [1]; 2019 No 14, Sch 2.3[2].

17B

Community title subdivision of multiple occupancy development

17B Community title subdivision of multiple occupancy development

(1) This clause applies to land referred to in Schedule 13.

(2) Community title subdivision of land to which this clause applies may, with development consent, be carried out in accordance with the requirements and conditions of Schedule 13 and this clause.

(3) The total number of lots created must be equal to or less than that listed in Schedule 13 in relation to the land concerned.

(4) Consent must not be granted to a development application for community title subdivision under this clause if the application was lodged more than 5 years after the date of gazettal of the plan that inserted the relevant item into Schedule 13.

(5) Consent must not be granted to a development application for community title subdivision under this clause unless the Council has considered the following information in relation to the proposed development—

(a) a water management plan,

(b) an on-site sewage management plan,

(c) a waste management plan,

(d) an environmental repair and enhancement management plan,

(e) a bushfire management plan,

(f) a neighbourhood management statement, including but not limited to the following—

(i) provision for bushfire management,

(ii) a prohibition on domestic cats and dogs or provisions providing for their management,

(iii) provision for environmental repair and enhancement,

(iv) provision for waste management,

(v) provision for water management,

(vi) provision for on-site sewage management,

(vii) provision for design and construction of any new dwellings.

(6) An environmental repair and enhancement management plan as referred to in subclause (5)(d) must address—

(a) the following—

(i) planting of not less than 900 native plants per dwelling-house or holiday cabin,

(ii) all plantings to be undertaken in priority areas for environmental repair to ensure the expansion of the following—

(A) wildlife corridors and connecting areas between vegetation remnants,

(B) existing vegetation remnants,

(C) habitats for threatened species and plant communities,

(D) riparian areas adjoining water courses,

(iii) all plantings to be based on locally sourced species,

(iv) the aims and objectives of environmental rehabilitation as they relate to flora and fauna communities and habitats,

(v) a detailed planting strategy incorporating the following—

(A) planting site preparation,

(B) specific locations,

(C) spacing and density,

(D) a species list,

(E) mature heights of tree and shrub species to be planted,

(F) establishment of planting areas,

(G) expected completion date for planting activities,

(H) a weed maintenance program,

(vi) a detailed regeneration and rehabilitation strategy incorporating the following—

(A) areas for regeneration and rehabilitation work,

(B) the activities proposed in each area,

(C) priority areas and timeframes for implementation in those areas, and

(b) the objectives and provisions of the Byron Biodiversity Conservation Strategy 2004, including but not limited to the following components—

(i) site plans identifying the location of the following—

(A) high conservation value vegetation,

(B) wildlife corridors,

(C) existing erosion and land degradation,

(D) streambanks, watercourses and drainage lines,

(E) environmental repair and enhancement zones,

(F) any proposed buffer plantings,

(G) any other relevant items,

(ii) where high conservation value vegetation and habitats occur on the land, specific management measures to ensure its conservation,

(iii) where a wildlife corridor occurs on the land, specific management measures to ensure its conservation,

(iv) measures to control and manage noxious and environmental weeds and introduced pest species,

(v) measures to protect steeply sloping areas and manage erosion and land degradation,

(vi) measures to manage sedimentation and prevent degradation of watercourses, creeks and drainage lines,

(vii) where threatened species or communities occur on the land, measures to manage and protect individuals or communities and their habitats,

(viii) measures to manage vegetation and habitats in asset protection zones,

(ix) measures to control and manage pollution of waterways and existing native vegetation from residential and agricultural use of the land,

(x) measures to address the provisions of any Council adopted guidelines for property or biodiversity management plans.

(7) In this clause, community title subdivision means subdivision in accordance with the Community Land Development Act 1989.

cl 17B: Ins 2006 (393), Sch 1 [2]. Am 2011 (435), cl 4.

Division 2

Environmental heritage

Division 2 Environmental heritage

Items of the environmental heritage

18 Items of the environmental heritage

A person shall not, in respect of a building, work, relic or place that is an item of the environmental heritage—

(a) demolish, renovate or extend that building or work,

(b) damage or despoil that relic or place or any part of that relic or place,

(c) excavate any land for the purposes of exposing or removing that relic,

(d) erect a building on the land on which that building, work or relic is situated or on the land which comprises that place, or

(e) subdivide the land on which that building, work or relic is situated or the land which comprises that place,

except with the consent of the council.

Development relating to certain heritage items

19 Development relating to certain heritage items

(1) This clause applies to those buildings, works, relics and places which are items of the environmental heritage.

(2) The council shall not grant consent to a development application in respect of any item of the environmental heritage to which this clause applies unless it has made an assessment of—

(a) the significance of the item as an item of the environmental heritage of the Shire of Byron,

(b) the extent to which the carrying out of the development in accordance with the consent would affect the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the item and its site,

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

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

(e) where the item is a building—

(i) the colour, texture, style, size and type of finish of any materials to be used on the exterior of the building and the effect which the use of those materials will have on the appearance of the exterior of the building and any other building in the neighbourhood,

(ii) the style, size, proportion and position of openings for any windows and doors which will result from, or be affected by, the carrying out of the development, and

(iii) the pitch and form of the roof of the building.

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 19: Am 2008 (571), Sch 3.26 [5].

Development incentive relating to heritage items

20 Development incentive relating to heritage items

Nothing in this plan prevents the council from granting consent—

(a) to the use, for any purpose, of the land on which a building is erected, or

(b) to the use, for any purpose, of a building that is an item of the environmental heritage or of the land on which that building is erected,

where the council is satisfied that—

(c) the use would have little or no adverse effect on the amenity of the neighbourhood, and

(d) conservation of the building depends upon the council granting consent in pursuance of this clause.

21

21 (Repealed)

Advertising of heritage applications

22 Advertising of heritage applications

(1) Subject to subclause (2), the provisions of sections 84, 85, 86, 87(1) and 90 of the Act apply to and in respect of—

(a) the demolition of a building or work that is an item of the environmental heritage, and

(b) the use of a building or land referred to in clause 20 for a purpose which, but for that clause would be prohibited under this plan,

in the same way as those provisions apply to and in respect of designated development.

(2) Subclause (1) does not apply to the partial demolition of a building or work where, in the opinion of the council, the partial demolition is of a minor nature and does not adversely affect the significance of the building or work as part of the environmental heritage of the Shire of Byron.

Division 3

Certain development

Division 3 Certain development

Designated development

23 Designated development

(1) This clause applies to all land to which this plan applies.

(2) Pursuant to section 29 of the Act, development for the purpose of any permanent flood overflow or ocean entry is designated development for the purposes of the Act.

(3) All components of any proposed flood mitigation works to implement any floodplain management plan for land in Ocean Shores to which Byron Local Environmental Plan 1988 (Amendment No 14) applies are, pursuant to section 29 of the Act, declared to be designated development.

(4) (Repealed)

cl 23: Am 8.1.1993; 23.4.1993; 22.3.2002.

Development of flood liable land

24 Development of flood liable land

(1) This clause applies to flood liable land.

(2) Notwithstanding any other provision of this plan, a person shall not erect a dwelling-house, or any other building, or carry out filling or construction of levees on land that is flood liable, except with the consent of the council.

(3) The council shall not consent to the erection of a building or the carrying out of a work on flood liable land unless—

(a) the council is satisfied that—

(i) the development would not restrict the flow characteristics of flood waters,

(ii) the development would not increase the level of flooding on other land in the vicinity,

(iii) the structural characteristics of any building or work the subject of the application are capable of withstanding flooding, and

(iv) the building is adequately flood proofed, and

(b) satisfactory arrangements are made for access to the building or work during a flood.

(4) Despite any other provision of this plan, the council may grant consent to development for the purpose of modifying the hydraulic capacity of the Capricornia Canal culvert located on Kallaroo Circuit, Ocean Shores, as shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 132)”, if the council has considered—

(a) the environmental and ecological impact of the development, and

(b) the impact of the development on water quality in Capricornia Canal and Marshalls Creek and any measures that may be undertaken to avoid any degradation of water quality.

cl 24: Am 2007 (515), cl 4; 2019 No 14, Sch 2.3[3].

Exhibition homes

25 Exhibition homes

Nothing in this plan shall prevent the use, with the consent of the council, of a dwelling-house within Zone No 1 (c1), 1 (c2), 2 (a) or 2 (v) as an exhibition home provided that the dwelling-house is not situated on land having frontage to an arterial road.

26

26 (Repealed)

Building lines along arterial roads

27 Building lines along arterial roads

(1) A person shall not, on an allotment of land which is within Zone No 1 (a), 1 (b1), 1 (b2), 1 (c1), 1 (c2), 7 (a), 7 (c), 7 (d) or 7 (f1), and which has a frontage to an arterial road as designated on the map, erect a building for any purpose closer than 55 metres from the boundary of the road.

(2) Notwithstanding subclause (1), a person may, with the consent of the council, erect a building closer than 55 metres from the boundary of an arterial road as designated on the map, provided the council is satisfied that—

(a) the allotment of land is totally contained within 55 metres of the boundary of the road, or

(b) there is no alternative suitable building site due to levels, steepness, instability, flooding or other physical barrier, or

(c) the amenity of the immediate environment would be adversely affected by requiring the 55 metre setback to be maintained.

cl 27: Subst 2.11.1990.

28

28 (Repealed)

Development for certain additional purposes

29 Development for certain additional purposes

(1) Nothing in this plan prevents a person, with the consent of the council, from carrying out—

(a) a subdivision referred to in Schedule 8 on land referred to in that Schedule in relation to that subdivision, or

(b) other development on land referred to in that Schedule for a purpose specified in relation to that land in that Schedule,

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 by the council in respect of the development.

(3) Any development that was lawfully being carried out on the land referred to in item 22 of Schedule 8 immediately before the amendment of that item by Byron Local Environmental Plan 1988 (Amendment No 93) may continue to be carried out as if that item had not been so amended.

cl 29: Am 7.4.2000; 22.6.2001.

29AA

Development of certain land at North Ocean Shores

29AA Development of certain land at North Ocean Shores

(1) This clause applies to Lot 103, DP 856767, North Ocean Shores, as shown edged heavy black and hatched on the map marked “Byron Local Environmental Plan 1988 (Amendment No 62)”.

(2) Despite any other provision of this plan, the land to which this clause applies may be subdivided into not more than 8 lots (including not more than 7 lots identified for use for residential purposes) and a road.

(3) The council shall not consent to subdivision of the land to which this clause applies unless it is satisfied that adequate road access is available to the land.

(4) Not more than one dwelling-house may be erected on each allotment so created for residential purposes.

cl 29AA: Ins 31.7.1998.

29A

Sandhills Estate

29A Sandhills Estate

(1) This clause applies to land within Zone No 3 (a), as shown on the map marked “Byron Local Environmental Plan 1988 (Amendment No 5)” deposited in the office of the council.

(2) A person shall not carry out development on land to which this clause applies, except development for the purpose of the following which may be carried out only with the consent of the council—

agriculture (other than animal establishments); building of levees; bush fire hazard reduction; clearing of land; environmental facilities; drains; home industries; oyster farming; primitive camping grounds; roads; utility installations.

(3) (Repealed)

cl 29A: Ins 20.10.1989. Am 22.3.2002.

Development within Zone No 7 (d) (Scenic)

30 Development within Zone No 7 (d) (Scenic)

(1) This clause applies to all land within Zone No 7 (d).

(2) In this clause—

external surfaces, in relation to a building or work, includes the external walls and cladding (if any) thereon, external doors, external door and window frames, columns, roofs, fences and any surface of that building or work visible from the exterior of that building or work.

prescribed materials, means dark tones or dark coloured materials of low reflective quality or materials which are painted or similarly treated with dark toned or dark coloured paint or pigment of low reflective quality.

(3) Before giving its consent to the erection of a building on land to which this clause applies, the council shall make an assessment as to whether it should impose conditions relating to—

(a) the use on the external surfaces of the building of prescribed materials,

(b) the number, type and location of existing trees and shrubs which are to be retained and the extent of landscaping to be carried out on the site, and

(c) the siting of the proposed buildings.

Development on ridgetops

31 Development on ridgetops

The council shall not consent to the erection of a building or the carrying out of other development on or near any ridgeline on land to which this plan applies unless no alternative location for the building or other development is available, in which case the following objectives to lessen the impact are to be considered before consent is granted—

(a) whether there will be adequate existing or proposed landscaping, trees or other vegetation which assist or are likely to assist in mitigating visual impact, and

(b) whether the proposed building design elements, materials of construction and proposed colours will mitigate potential adverse visual impact, including the reflectivity of materials to be used.

cl 31: Subst 17.7.1998.

Development within Zone No 7 (f2) (Urban Coastal Land Zone)

32 Development within Zone No 7 (f2) (Urban Coastal Land Zone)

(1) This clause applies to all land within Zone No 7 (f2).

(2) A person shall not carry out development (other than exempt development) on land to which this clause applies except with the consent of the Council.

(3) The Council, in deciding whether to grant consent to development referred to in subclause (2), shall take into consideration—

(a) the likelihood of the proposed development adversely affecting, or being adversely affected by, coastal processes,

(b) the need to relocate buildings in the long term,

(c) the need for the development consent to be limited to a particular period,

(d) the form, bulk, intensity and nature of the development, and

(e) continued safe public access to the site.

(4) The council shall not consent to the carrying out of development on land shown edged heavy black and stippled on the map marked “Byron Local Environmental Plan 1988 (Amendment No 66)” for the purpose of clubs, commercial premises, hostels, hotels, motels, residential flat buildings, shops or tourist facilities or for a purpose that would otherwise be permissible with consent under clause 17 (Dual occupancy).

(5) The Council must not consent to the subdivision of land within Zone No 7 (f2) other than—

(a) a subdivision under a strata plan that does not create a development lot, or

(b) a subdivision to excise an allotment that is, or that the Council is satisfied is intended to be, used for a public purpose, or

(c) a subdivision that, in the opinion of the Council, is only a boundary adjustment where no additional lots are created.

cl 32: Am 17.3.2000; 9.3.2001; 22.3.2002; 6.12.2002; 2008 (571), Sch 3.26 [7] [8]; 2019 (334), cl 4.

Development within Zone No 7 (f1) (Coastal Lands Zone)

33 Development within Zone No 7 (f1) (Coastal Lands Zone)

(1) This clause applies to all land within Zone No 7 (f1).

(2) A person shall not carry out development for any purpose on land to which this clause applies except with the consent of the council.

(3) (Repealed)

(4) The Council, in deciding whether to grant consent to development referred to in subclause (2), shall take into consideration—

(a) the likelihood of the proposed development adversely affecting, or being adversely affected by, coastal processes,

(b) the likelihood of the proposed development adversely affecting any dune or beach of the shoreline or foreshore,

(c) the likelihood of the proposed development adversely affecting the landscape, scenic or environmental quality of the locality of the land, and

(d) whether adequate safeguards and rehabilitation measures have been, or will be, made to protect the environment.

(e) (Repealed)

cl 33: Am 22.3.2002; 2008 (571), Sch 3.26 [9] [10].

Tourist accommodation in rural zones

34 Tourist accommodation in rural zones

(1) This clause applies to all land within rural zones where rural tourist facilities are permissible.

(2) Development for the purpose of a rural tourist facility incorporating holiday cabins on land to which this clause applies—

(a) may only be carried out on a single allotment, and

(b) must not—

(i) exceed a total of 6 cabins, and

(ii) be carried out on an allotment with an area less than 20 hectares.

(3) The council may grant consent for development for the purposes of rural tourist facilities on land within rural zones only where the council is satisfied that—

(a) (Repealed)

(b) the proposal incorporates adequate landscaping and screen plantings for visual amenity when viewed from a public road or dwelling-house on other land in the locality,

(c) (Repealed)

(d) the proposed development will have no adverse effect on the present and potential use, including agricultural use, of the land and of lands in the vicinity,

(e) there will be no adverse visual impact of the proposed development on the landscape,

(f) the proposed development will be low scale in nature, compatible with the rural environment and of minimal environmental impact,

(g) (Repealed)

(h) tourist accommodation is to be located so that it may benefit from existing road and physical service infrastructure, and

(i) all proposed buildings and other uses are clustered so as to reduce impact on rural amenity, and

(j) adequate separation distances will be incorporated to minimise the potential for land use conflict between the proposed rural tourist facility and existing or potentially conflicting land uses, such as intensive agriculture, quarries or animal establishments on adjoining or adjacent land.

cl 34: Am 14.7.1989; 17.7.1998; 22.3.2002.

Retailing of bulky goods in Zone No 4 (a)

35 Retailing of bulky goods in Zone No 4 (a)

(1) This clause applies to land within Zone No 4 (a).

(2) In this clause—

bulky goods means large goods which are, in the opinion of the council, of such a size and shape as to require—

(a) a large area for handling, storage or display, and

(b) easy and direct vehicular access to enable the goods to be collected by customers after sale.

(3) Subject to subclauses (4) and (5), nothing in this plan shall prevent a person, with the consent of the council, from carrying out development for the purposes of the sale of bulky goods.

(4) The council shall not consent to an application to carry out development on land to which this clause applies for the purposes of the sale of bulky goods unless it is satisfied that—

(a) suitable land for the development is not available in any nearby business centre,

(b) to grant consent would not, by reason of the number of retail outlets which exist or are proposed on land within Zone No 4 (a), defeat the predominantly industrial nature of the zone, and

(c) the proposed development will not detrimentally affect the viability of any business centre.

(5) This clause does not apply to development for the purposes of shops selling food or clothing.

cl 35: Am 17.7.1998.

Development adjoining wetland

36 Development adjoining wetland

(1) This clause applies to land adjoining or contiguous to land within Zone No 7 (a).

(2) A person shall not clear, drain, excavate or fill land to which this clause applies without the consent of the council.

(3) The council shall not consent to the carrying out of development on or adjoining or contiguous to land within Zone No 7 (a) unless it has taken into consideration—

(a) the likely effects of the development on the flora and fauna found in the wetland,

(b) the likely effects of the development on the water table, and

(c) the effect on the wetlands of any proposed clearing, draining, excavating or filling.

Development within Zone No 1 (d) (Investigation Zone)

37 Development within Zone No 1 (d) (Investigation Zone)

(1) This clause applies to land within Zone No 1 (d).

(2) In considering any development application in relation to land to which this clause applies, the council shall consider the following matters as they relate to likely future uses of the land to be investigated—

(a) the land capability of the land,

(b) the demand for the development of the land,

(c) whether the land can be serviced with water, sewerage and roads, and the likely future road network,

(d) the strategic implication of the development of the land,

(e) whether the land is located within the buffer area of a quarry, piggery or sewage treatment works, and

(f) environmental management of the land.

(3) In determining any application for development of any land to which this clause applies, the council shall not grant consent unless it has considered the need to protect significant vegetation and wildlife habitats and to ensure that any development will not adversely affect significant vegetation and wildlife on that land or adjacent land.

cl 37: Am 22.3.2002.

Development within Zone No 1 (a) shown hatched on the map

38 Development within Zone No 1 (a) shown hatched on the map

(1) This clause applies to land within Zone No 1 (a) and shown hatched on the map.

(2) The council shall not consent to the carrying out of development for any purpose on land to which this clause applies unless the council has made an assessment of the susceptibility of the land and the proposed development to flooding, landslip, bushfire hazard, soil erosion and the like.

38A

Development of land shown cross-hatched within Zones 1 (a), 1 (b1), 1 (d) and 7 (k) adjacent to Environmental Protection Zones 7 (a), 7 (b), 7 (k) and 7 (j)

38A Development of land shown cross-hatched within Zones 1 (a), 1 (b1), 1 (d) and 7 (k) adjacent to Environmental Protection Zones 7 (a), 7 (b), 7 (k) and 7 (j)

(1) This clause applies to land within Zone No 1 (a), 1 (b1), 1 (d) or 7 (k) and shown cross-hatched on the map.

(2) Despite other provisions of this plan, a person must not—

(a) clear, drain, excavate or fill the land to which this clause applies, or

(b) carry out development for the purpose of agriculture or forestry on the land to which this clause applies, or

(c) erect a building or construct a road on the land to which this clause applies,

except with the consent of the council.

(3) The council must not grant a consent required by subclause (2) unless it has taken into consideration—

(a) the likely effect on the fauna, flora, water table and habitat value of adjacent land within Zone No 7 (a), 7 (b) and 7 (k) of the development that the granting of that consent would permit, and

(b) the need for measures to protect and enhance the habitat value of the adjacent land within Zone No 7 (a), 7 (b) or 7 (k) by fencing to control access by people, vehicles and animals, reforestation with native plants, control of run off to prevent siltation and nutrient enrichment, bushfire management to facilitate maintenance of natural fire regimes, and weed eradication, and

(c) the appropriate width of the buffer area to protect the adjacent fauna, flora and habitat areas, having regard to species diversity, topography and the like.

cl 38A: Ins 8.1.1993. Am 27.2.1998.

38B

Development of land at North Ocean Shores within Zone Nos 1 (b1) and 7 (k)

38B Development of land at North Ocean Shores within Zone Nos 1 (b1) and 7 (k)

(1) This clause applies to certain land at North Ocean Shores, being within Zone No 1 (b1) or 7 (k) and shown as cross-hatched on the map marked “Byron Local Environmental Plan 1988 (Amendment No 51)”.

(2) The objective of this clause is to ensure that the use and other development of land adjacent to areas of significant vegetation, or wildlife habitat, or in a potential wildlife corridor, does not result in any degradation of that significant vegetation, wildlife habitat or potential wildlife corridor, and that any such development conserves, protects and enhances the value of the flora or fauna or the potential wildlife corridor concerned.

(3) Clause 38A does not apply to land to which this clause applies if it is developed in accordance with a property management plan submitted to the council if—

(a) (Repealed)

(b) the property management plan addresses all the matters referred to in clause 38A(3), and

(c) the property management plan addresses the manner in which any potential wildlife corridor concerned and habitat values are to be protected and enhanced, and

(d) the property management plan takes into consideration the guiding principles of sustainable development.

(4) In this clause, property management plan means a plan prepared in accordance with the guidelines set out in Property Planning, How to Produce a Physical Property Plan published in 1995 by NSW Agriculture.

cl 38B: Ins 27.2.1998. Am 2008 (571), Sch 3.26 [11].

Precinct plan for certain land

39 Precinct plan for certain land

(1) This clause applies to the land to which item 51 of Schedule 8 applies.

(2) Before consent is granted pursuant to clause 29 to development for a purpose described in item 51 of Schedule 8, a draft precinct plan for development of the land is to be prepared by, or on behalf of, the owner of the land following consultation with the council.

(3) The draft precinct plan—

(a) is to be in the form of a document (consisting of written information, maps and diagrams) that describes the development referred to in item 51 of Schedule 8 in greater detail than is set out in the item, and

(b) is to include an outline of long-term proposals for development of the entire site for which the precinct plan is required, and

(c) is to address, illustrate and explain how the proposals referred to in paragraph (b) address the matters set out in subclause (4) that are relevant to the proposals (but is not limited to doing so).

(4) The matters referred to subclause (3)(c) are the following—

(a) design principles drawn from an analysis of the site and its context,

(b) phasing of development,

(c) distribution of land uses, including open space and environmental restoration areas,

(d) subdivision pattern,

(e) building envelopes and built form controls,

(f) bushfire protection measures and plans,

(g) infrastructure provision,

(h) remediation of the site,

(i) pedestrian, cycle and road access and circulation network, with particular regard to public transport servicing,

(j) parking provision,

(k) provision of other facilities,

(l) impact on, and improvements to, the public domain,

(m) landscaping and stormwater infiltration areas,

(n) identification and conservation of native flora and fauna habitat on the site, including any threatened species, populations or ecological communities,

(o) the principles of ecologically sustainable development.

(5) After considering a draft precinct plan, the council—

(a) may adopt the precinct plan without variation, or

(b) may adopt the precinct plan with such variations as it considers appropriate, or

(c) may reject the draft precinct plan.

(6) When a precinct plan is adopted, the council must place a notice to that effect in a newspaper circulating in the locality.

(7) A precinct plan may be amended or replaced by a subsequent precinct plan.

cl 39: Rep 22.3.2002. Ins 2005 (661), Sch 1 [1].

39A

Site remediation for certain land

39A Site remediation for certain land

(1) This clause applies to the land to which item 51 of Schedule 8 applies.

(2) Site area remediation works are to be carried out on the land in accordance with the requirements of the Environmental Planning and Assessment Act 1979, State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 4 and the Contaminated Land Management Act 1997 at no cost to the council.

(3) All consents, permissions or other approvals required under the Environmental Planning and Assessment Act 1979, State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 4 and the Contaminated Land Management Act 1997 for the carrying out of the remediation works must be obtained.

(4) Prior to the commencement of the remediation works, a remediation action plan, a works program and a validation monitoring program in respect of the works must be submitted to the council.

cl 39A: Ins 2005 (661), Sch 1 [1]. Am 2022 (72), Sch 1.12[1].

39B

Site audit for certain land

39B Site audit for certain land

(1) This clause applies to the land to which item 51 of Schedule 8 applies.

(2) Before granting consent to development for a purpose set out in item 51 of Schedule 8, the council may require a site audit to be carried out in respect of the land by a site auditor accredited under the Contaminated Land Management Act 1997 by the Department of Environment and Conservation and the site audit report and site audit statement in relation to the site audit to be furnished to, and approved by, the council.

(3) The council may refuse to approve the site audit report and site audit statement if the site audit statement does not contain the following findings in relation to the site audit—

(a) that the soil, gas, groundwater, surface water and soil stability issues have been appropriately managed,

(b) that the land has been successfully remediated and is suitable for development for the purpose for which the consent is being sought.

cl 39B: Ins 2005 (661), Sch 1 [1].

39C

Building height on east side of Jonson Street, Byron Bay

39C Building height on east side of Jonson Street, Byron Bay

(1) This clause applies to certain land on the east side of Jonson Street (between Kingsley and Browning Streets), Byron Bay, being land within Zone No 3 (a), as shown coloured light blue, edged heavy black and lettered “3 (a)” on the map marked “Byron Local Environmental Plan 1988 (Amendment No 115)”.

(2) Despite any other provision of this plan (including clause 40(2)(a)), the council must not consent to the erection of any building on land to which this clause applies if—

(a) the floor of the topmost floor level of the building exceeds 4.5 metres above the existing ground level, or

(b) the vertical distance between the topmost part of the building and the existing ground level below exceeds 9 metres.

cl 39C: Ins 2010 (595), Sch 1 [1].

Division 4

General provisions

Division 4 General provisions

Height

40 Height

(1) The objectives of this clause are as follows—

(a) to achieve building design that does not exceed a specified maximum height from its existing ground level to finished roof or parapet,

(b) to ensure that the height and scale of development is appropriate to its location, surrounding development and the environmental characteristics of the land.

(2) The council must not consent to the erection of any building—

(a) on land within Zone No 3 (a), if—

(i) the floor of the topmost floor level of the building exceeds 7.5 metres above the existing ground level, or

(ii) the vertical distance between the topmost part of the building and the existing ground level below exceeds 11.5 metres, or

(b) on land within any other zone, if—

(i) the floor of the topmost floor level of the building exceeds 4.5 metres above the existing ground level, or

(ii) the vertical distance between the topmost part of the building and the existing ground level below exceeds 9 metres.

cl 40: Am 11.12.1998. Subst 14.11.2003.

Community use of schools

41 Community use of schools

Despite any other provision of this plan, the council may consent to the community use, whether or not of a commercial nature, of the facilities and sites of schools, colleges and other educational establishments.

cl 41: Subst 22.3.2002.

Minor variation of zoning boundaries

42 Minor variation of zoning boundaries

(1) The objective of this clause is to provide flexibility where detailed investigation of a site and its surrounds reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site.

(1A) This clause applies to land which is—

(a) within 20 metres of a boundary between land within Zone No 2 (a), 2 (t), 2 (v) or 3 (a) and land within Zone No 4 (a), 5 (a), 5 (b) or 7 (f2), or

(b) within 100 metres of a boundary between any two of the following zones—

Zone No 1 (a), 1 (b1), 1 (b2), 1 (c1), 1 (c2), 1 (d), 1 (e), 6 (b), 7 (c), 7 (d) or 9 (a), or

(c) within 20 metres of a boundary between land within Zone No 2 (a), 2 (t), 2 (v), 3 (a), 4 (a), 5 (a), 5 (b) or 7 (f2) and land within Zone No 1 (a), 1 (b1), 1 (b2), 1 (c1), 1 (c2), 1 (d), 1 (e), 6 (b), 7 (c), 7 (d) or 9 (a), or

(d) within 100 metres of a boundary between land within Zone No 7 (k) in West Suffolk Park as shown on the map marked “Byron Local Environmental Plan 1988 (Amendment No 2)” and land within Zone No 2 (a).

(2) Subject to subclauses (3) and (4), development may be carried out, with the consent of the council, on land to which this clause applies for any purpose for which development may be carried out in the adjoining zone on the other side of the boundary.

(3) The council shall not consent to the carrying out of development referred to in subclause (2) unless, in the opinion of the council, the carrying out of the development is desirable due to planning, design, ownership, servicing or similar requirements relating to the optimum development of land to which this plan applies.

(4) The council shall not consent to the carrying out of development under this clause on land within Zone No 7 (k) and referred to in subclause (1)(d) unless the council is satisfied that a boundary survey report of the significant habitat areas of the land establishes that the proposed development will have no adverse effects on those areas.

cl 42: Am 9.6.1989; 14.7.1989; 15.3.2002; 22.3.2002.

Acquisition of certain lands

43 Acquisition of certain lands

(1) This clause applies to land within Zone No 5 (a), 6 (a), 7 (f1), 8 (a), or 9 (a).

(2) The owner of any land shown on the zoning map as described below may, by notice in writing, require the public authority specified in respect of that land to acquire it—

(a) within Zone No 5 (a) (Special Uses Zone) and lettered “Cemetery”, “Garbage Depot”, “Drainage” or “Sewage Treatment Works”—the council, or

(b) within Zone No 5 (a) (Special Uses Zone) and lettered “Education” or “School”—the Minister administering the Education Act 1990 (unless the land is reserved for private education), or

(c) within Zone No 6 (a) (Open Space Zone)—the council, or

(d) within Zone No 7 (f1) (Coastal Lands (f1) Zone) listed in Schedule 9—the corporation constituted by section 8(1) of the Act, or

(e) within Zone No 8 (a) (National Parks and Nature Reserve Zone)—the Minister administering the National Parks and Wildlife Act 1974, or

(f) within Zone No 9 (a) (Proposed Road Zone)—the Minister administering the Roads Act 1993.

(3) On receipt of such a notice, the public authority concerned is to acquire the land, subject to subclause (4).

(4) The council need not take any action with respect to acquiring land within Zone No 5 (a) (Special Uses Zone) or Zone No 6 (a) (Open Space Zone) for 90 days (or for such other period as may be agreed between the owner and the council before that period expires) after receiving a notice requiring acquisition of land if the council, within 14 days after receiving the notice, notifies the owner that it is reviewing the zoning of the land. The council need not acquire the land pursuant to the notice if the land is rezoned, or the council serves notice on the owner that it has decided to prepare a local environmental plan to rezone the land, before the period of 90 days (or the agreed period) expires.

(5) The council shall not be required to acquire land, the subject of a notice referred to in subclause (2), where the land is required to be dedicated to council as a condition of development consent or subdivision approval.

(6) The Roads and Traffic Authority shall not be required to acquire land, the subject of a notice referred to in subclause (2), unless—

(a) a development application has been made in respect of the land,

(b) the development the subject of the development application consists of development for a purpose for which development could have been carried out on the land prior to the appointed day, and

(c) the council has refused its consent to the development application on the basis that the Roads and Traffic Authority has not concurred in the development.

cl 43: Am 14.7.1989; 20.4.1990; 31.3.2000; 12.5.2000; 22.3.2002.

Use of land pending acquisition

44 Use of land pending acquisition

(1) Land to which clause 43 applies may be developed for any purpose, with the consent of council, prior to its acquisition by the public authority concerned.

(2) The council must not grant consent to development referred to in subclause (1) on land within Zone No 9 (a) unless it has taken into consideration—

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

(b) the costs of reinstatement of the land for the purposes for which the land is to be acquired, and

(c) the imminence of the acquisition.

(3) (Repealed)

cl 44: Am 22.3.2002; 2008 (571), Sch 3.26 [12].

Provision of services

45 Provision of services

(1) The Council shall not consent to the carrying out of development on any land to which this plan applies unless it is satisfied that prior adequate arrangements have been made for the provision of sewerage, drainage and water services to the land.

(2) (Repealed)

cl 45: Am 2008 (571), Sch 3.26 [13].

Development in open space zones

46 Development in open space zones

The council shall not consent to the carrying out of development on land with Zone No 6 (a), being land owned or controlled by the council, unless consideration has been given to—

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

(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.

Classification and reclassification of public land as operational land

47 Classification and reclassification of public land as operational land

(1) The public land described in Schedule 11 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause.

(2) The amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993 do not apply to the land described in Part 1 of Schedule 11.

(3) Land described in Part 2 of Schedule 11—

(a) to the extent (if any) that the land is a public reserve, does not cease to be a public reserve, and

(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants by which it was affected before its classification, or reclassification, as operational land.

(4) Land described in Columns 1 and 2 of Part 3 of Schedule 11, 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 all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except those (if any) specified opposite the land in Column 3 of Part 3 of Schedule 11.

(5) In this clause, the relevant amending plan, in relation to land described in Part 3 of Schedule 11, means this plan or, if the description of the land is inserted in that Part by another local environmental plan, that plan.

(6) Before the relevant amending plan inserted a description of land into Part 3 of Schedule 11, the Governor approved of subclause (4) applying to the land.

cl 47: Ins 24.3.1995. Subst 22.3.2002.

47AA

Classification and reclassification of public land as community land

47AA Classification and reclassification of public land as community land

The public land described in Schedule 11A is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.

cl 47AA: Ins 22.3.2002. Am 6.9.2002.

47A

Development on certain land at Ocean Shores

47A Development on certain land at Ocean Shores

(1) This clause applies to land known as Lot 946, DP 241810, Ocean Shores, as shown edged in heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 57)”.

(2) The Council shall not grant consent to the erection of a building or any other development which in the Council’s opinion will adversely impact on the local drainage in areas shown cross-hatched for drainage retention on the map marked “Byron Local Environmental Plan 1988 (Amendment No 57)”.

(3) The Council shall not grant consent to any native vegetation removal or disturbance or the erection of a building or any other development which in the Council’s opinion will adversely impact on the significant trees in areas shown hatched for significant trees on the map marked “Byron Local Environmental Plan 1988 (Amendment No 57)”.

cl 47A: Ins 17.7.1998.

Temporary use of certain land

48 Temporary use of certain land

(1) Despite any provision of this plan, a person may, without the consent of the Council, carry out development on land for any purpose (not being designated development) within Zone No 6 (a) or 7 (f1) for a maximum period of 7 days on any one occasion up to a maximum of 60 days in a calendar year if—

(a) such land is vested in the Crown, a Minister of the Crown or the Council, and

(b) the development does not involve the erection of permanent structures ancillary to the use of that land.

(2) Despite any other provision of this plan, a person may, but only with the consent of the Council, carry out development on the following land for any purpose (not being designated development) for a maximum period of 7 days on any one occasion up to a maximum of 60 days in a calendar year if the development does not involve the erection of permanent structures ancillary to the use of that land—

Lot 1, DP 201626 and Lot 2, DP 542178, Ewingsdale Road, Ewingsdale

Lot 358, DP 704247, Bangalow Road, Byron Bay.

cl 48: Ins 29.9.1995.

48A

Temporary use of land

48A Temporary use of land

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

(2) Despite any other provision of this plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.

(3) Development consent must not be granted unless the consent authority is satisfied that—

(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this plan and any other applicable environmental planning instrument, and

(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

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

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

cl 48A: Ins 2019 (659), Sch 2.7[1].

Suspension of certain covenants and laws

49 Suspension of certain covenants and laws

(1) For the purpose of enabling development to be carried out in accordance with this plan (as at the time the development is carried out) or in accordance with a consent granted under the Act—

(a) any agreement, covenant or similar instrument imposing restrictions as to the erection or use of buildings for certain purposes or of the use of land for certain purposes, and

(b) Division 2 of Part 4 of the Strata Schemes Development Act 2015,

to the extent necessary to serve that purpose, shall not apply to development carried out in accordance with this plan.

(2) Pursuant to section 28 of the Act, before the making of this clause—

(a) the Governor approved of subclause (1), and

(b) the Minister for the time being administering the provision referred to in subclause (1)(b) concurred in writing in the recommendation for the approval of the Governor of subclause (1) in so far as it relates to that provision.

cl 49: Ins 17.7.1998. Am 2019 No 14, Sch 2.3[4].

Brothels

51 Brothels

(1), (2) (Repealed)

(3) In determining an application for consent to carry out development for the purpose of a brothel, the Council must take into consideration such of the following matters as are of relevance to the application—

(a) the location of the brothel and its proximity to any church, place of worship, community facility, educational establishment, child care centre, medical centre, public open space, recreational area, residential development or like place where children and young people are likely to gather or pass by,

(b) whether the operation of the brothel is likely to cause disturbance in the neighbourhood when taking into account other brothels operating in the neighbourhood or other land uses within the neighbourhood involving similar hours of operation,

(c) whether the operation of the brothel would cause a disturbance in the neighbourhood because of its size or operating hours, or the number of people working in it,

(d) whether suitable access is available, or is proposed to be provided,

(e) whether sufficient off-street parking is available or is proposed to be provided,

(f) whether a suitable waiting area is provided in the brothel so as to prevent clients loitering outside the premises, and

(g) the design and external appearance of the building and any associated structure and their impact on the character of the surrounding built environment.

cl 51: Ins 26.2.1999. Am 22.3.2002.

Tree preservation

52 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 local government area of Byron.

(3) A tree preservation order must specify the trees and any other vegetation covered by the order. Trees and vegetation may be specified by reference to their types, species, sizes, locations or any other criteria.

(4) A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation covered by a tree preservation order without development consent.

(5) Subclause (4) does not apply if—

(a) the Council has confirmed in writing that it is satisfied that the tree or other vegetation is dying or dead or has become dangerous, or

(b) the action taken with respect to the tree or other vegetation was authorised or required by or under any Act.

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

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

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

(7) Until a tree preservation order is made and takes effect under this clause—

(a) a reference in this clause to the trees or other vegetation covered by a tree preservation order is a reference to the trees and other vegetation to which the Tree Preservation Order made by resolution of the Council on 20 August 1996 applied, and

(b) subclause (4) does not require development consent for anything excepted by that Order from the requirement made in that Order to obtain consent.

cl 52: Ins 22.3.2002.

Drive-in theatre

53 Drive-in theatre

(1) A drive-in theatre shall not be erected or used unless the following conditions are complied with—

(a) a vehicular entrance to or exit from the drive-in theatre shall not be located within 90 metres of a main or arterial road,

(b) a vehicular drive-way, at least 60 metres in length and 21 metres in width, leading from the entrance to the site to the location of the ticket office, shall be located within the site of the drive-in theatre, and

(c) the screen of the drive-in theatre shall be so located or protected that no image projected thereon shall be visible and identifiable from a main or arterial road.

(2) (Repealed)

cl 53: Ins 22.3.2002. Am 17.12.2004.

Motor showrooms

54 Motor showrooms

A person shall not carry out development for the purpose of a motor showroom on any land unless—

(a) where the land has a frontage to a main or arterial road, vehicular access to the site (where alternative access is available) is only by way of a road, other than the main or arterial road, and

(b) where the site is a corner lot, the consent authority is satisfied that the layout and placement of caravans, boats or motor vehicles (as the case may be) will not obstruct the vision of drivers using the intersection.

cll 54: Ins 22.3.2002.

Railway sidings

55 Railway sidings

Nothing in this plan shall operate to prohibit the construction and use of any railway siding designed to serve lands in an industrial zone.

cll 55: Ins 22.3.2002.

Liquid fuel depots

56 Liquid fuel depots

(1) A person shall not establish, enlarge or use a liquid fuel depot having an above ground storage capacity of 500 kilolitres or more of inflammable liquid without development consent.

(2) (Repealed)

cl 56: Ins 22.3.2002. Am 17.12.2004.

Junkyards and offensive or hazardous industries

57 Junkyards and offensive or hazardous industries

Development for the purpose of a junkyard or an offensive or hazardous industry—

(a) shall not be carried out within 90 metres of a main or arterial road, and

(b) shall be screened from view to the satisfaction of the council.

cll 57–62: Ins 22.3.2002.

Sawdust and sawmill waste

58 Sawdust and sawmill waste

Except with development consent, sawdust or sawmill waste shall not be—

(a) deposited on any land, whether by way of filling or otherwise, or

(b) burnt—

(i) except in an incinerator of a type approved by the council, or

(ii) where the sawmill is isolated from urban development, except in a manner approved by the council.

cll 57–62: Ins 22.3.2002.

General store

59 General store

(1) A person shall not erect or use a building for the purposes of a general store on an allotment of land within a rural zone, where such allotment has a frontage to a main or arterial road or is less than 800 metres from any other allotment of land on which is erected a shop or a general store.

(2) A person shall not erect or use a building for the purposes of a general store in any zone referred to in subclause (1) closer to the alignment of a road than the building line fixed in respect of any adjoining premises or, where no such building line has been fixed, closer to such alignment than the distance generally applying in respect of other premises having frontage to such road.

cll 57–62: Ins 22.3.2002.

Development below high water mark

60 Development below high water mark

A person shall not carry out development on any land—

(a) below high water mark, or

(b) forming part of the bed of a river, creek, bay, lagoon or other natural watercourse shown uncoloured on the map, or

(c) which has been reclaimed,

without development consent.

cll 57–62: Ins 22.3.2002.

Extractive industries, transport terminals

61 Extractive industries, transport terminals

A person shall not erect or use a building or work or otherwise use land within a rural zone within 90 metres of a main or arterial road for the purposes of—

(a) an extractive industry, or

(b) a transport terminal.

cll 57–62: Ins 22.3.2002.

Savings

62 Savings

Nothing in this plan prohibits or requires consent for—

(a) the carrying out of development of any description specified in Schedule 12, or

(b) the use of existing buildings of the Crown by the Crown, or

(c) home occupations carried on in dwelling-houses.

cll 57–62: Ins 22.3.2002.

Development on land identified on the Acid Sulfate Soils Planning Map

63 Development on land identified on the Acid Sulfate Soils Planning Map

(1) In this clause—

acid sulfate soils means naturally occurring sediments and soils containing iron sulfides (principally pyrite) and/or their precursors or oxidation products, the exposure to oxygen of which (for example, by drainage or excavation) leads to the generation of sulfuric acid.

Acid Sulfate Soils Assessment Guidelines means the Acid Sulfate Soils Assessment Guidelines as published by the NSW Acid Sulfate Soils Management Advisory Committee and adopted for the time being by the Director-General of the Department of Infrastructure, Planning and Natural Resources.

Acid Sulfate Soils Management Plan means, in relation to works to which subclause (2) applies, a management plan including a full description of the management procedures to be applied to the works and prepared in accordance with the Acid Sulfate Soils Manual.

Acid Sulfate Soils Manual means the Acid Sulfate Soils Manual published by the NSW Acid Sulfate Soils Management Advisory Committee and adopted for the time being by the Director-General of the Department of Infrastructure, Planning and Natural Resources.

Acid Sulfate Soils Planning Map means the map marked “Acid Sulfate Soils Planning Map Byron Local Environmental Plan 1988 (Amendment No 101)” deposited in the office of the Council.

acid water includes waters containing oxidation products or other consequences of acid sulfate soils, such as elevated metal concentrations and depressed dissolved oxygen levels.

AHD means Australian Height Datum within the meaning of the Surveying Act 2002.

Council’s works means such works as are owned or controlled by the Council.

county council has the same meaning as in the Local Government Act 1993.

drain means artificial depressions, ditches or channels, used to convey water from one area to another.

emergency work includes the repair or replacement of any part of the Council’s works, of the works of a public authority or of the works of a county council because—

(a) it has been (or is being) damaged by a natural disaster, an accident, an act of vandalism or a like occurrence, or

(b) it has ceased to function or suddenly ceased to function adequately, or

(c) it may be a potential risk to the environment or to public health and safety,

and includes work reasonably necessary to prevent or limit any further such damage, malfunction or risk.

environmental protection zone means any of Zones Nos 7 (a), 7 (b), 7 (c), 7 (d), 7 (f1), 7 (f2), 7 (j) or 7 (k).

flood mitigation works means structural measures intended to reduce flood damage by either reducing flood levels or the lateral extent or duration of flooding and may include—

(a) levees, and

(b) flood mitigation dams, and

(c) retarding basins, and

(d) by-pass flood ways, and

(e) flood gates on drains, and

(f) channel improvement.

minor work means new work carried out by the Council, a public authority or a county council, not being drainage work, that has a value of less than $20,000.

public authority has the same meaning as in the Environmental Planning and Assessment Act 1979.

routine maintenance means the periodic inspection, cleaning, repair and replacement of the Council’s works, the works of a public authority or the works of a county council, but does not include work that would result in an increase in the design capacity of any part of those works or necessitate the deepening of an existing works capacity where more than one tonne of soil is disturbed.

works means—

(a) any landform alteration that may result in the disturbance of more than one tonne of soil (including the carrying out of agriculture, land levelling, extractive industry and dredging, the construction of drains (and the maintenance, widening, deepening or extension of existing drains), the construction of artificial waterbodies (including canals, dams or detention basins), the construction of foundations and flood mitigation works), and

(b) any works that may lower ground water levels.

works of a county council means such works as are owned or controlled by a county council.

works of a public authority means such works as are owned or controlled by a public authority.

(2) A person must not, without development consent, carry out works on land shown as being Class 1, 2, 3, 4 or 5 on the Acid Sulfate Soils Planning Map being the works specified for the class of land in the following table—

| Class of land as shown on Acid Sulfate Soils Planning Map | Works | | 1 | Any works | | 2 | Works below the natural ground surfaceWorks by which the watertable is likely to be lowered | | 3 | Works beyond 1 metre below the natural ground surfaceWorks by which the watertable is likely to be lowered beyond 1 metre below the natural ground surface | | 4 | Works beyond 2 metres below the natural ground surfaceWorks by which the watertable is likely to be lowered beyond 2 metres below the natural ground surface | | 5 | Works within 500 metres of adjacent Class 1, 2, 3 or 4 land below 5 metres AHD likely to lower the watertable below 1 metre AHD on the adjacent Class 1, 2, 3 or 4 land |

(3) This clause does not require development consent for the carrying out of works referred to in subclause (2) if—

(a) a preliminary assessment has been undertaken by the proponent of the works in accordance with the Acid Sulfate Soils Assessment Guidelines and provided to the Council, and

(b) the Council has provided written advice to the proponent of the works confirming that the results of the preliminary assessment indicate the works need not be carried out pursuant to an Acid Sulfate Soils Management Plan.

(4) The consent authority must not grant a consent required by this clause for the carrying out of works unless it has considered—

(a) the adequacy of an Acid Sulfate Soils Management Plan prepared for the works in accordance with the Acid Sulfate Soils Assessment Guidelines, and

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

(c) (Repealed)

(5) This clause requires consent for development to be carried out by the Council, county councils, public authorities and private drainage boards despite clause 62(a), and items 2 and 11 of Schedule 12.

(6) This clause does not require development consent for the carrying out of works referred to in subclause (2) if—

(a) the works are ancillary to the purpose of the production of sugar cane as an agricultural activity, and

(b) an agreement (including a memorandum of understanding) between the Department of Infrastructure, Planning and Natural Resources and the New South Wales Sugar Milling Co-operative Limited (or its successor) applies to the land the works are carried out on, and

(c) a production area entitlement relating to the growing of sugar cane and approved by the New South Wales Sugar Milling Co-operative Limited (or its successor) applied immediately before the amendment of this plan by Byron Local Environmental Plan 1988 (Amendment No 101) to the land the works are carried out on and applies to the land the works are carried out on, and

(d) the works are in accordance with a drainage management plan lodged with, and endorsed by, the New South Wales Sugar Milling Co-operative Limited (or its successor) and provided to the Council as so endorsed, and

(e) the drainage management plan was prepared in accordance with the NSW Sugar Industry Best Practice Guidelines for Acid Sulfate Soils, and

(f) the NSW Sugar Industry Best Practice Guidelines for Acid Sulfate Soils have been approved by the Director-General of the Department of Infrastructure, Planning and Natural Resources in consultation with the NSW Acid Sulfate Soils Management Advisory Committee and the Department of Agriculture and have been adopted by the Council, and

(g) the works are not carried out on land within an environmental protection zone, and

(h) the Council has not served a notice under the Environmental Planning and Assessment Act 1979 on the person carrying out or using the works, or published a notice in a newspaper circulating in the locality of the works, requiring that development consent must be obtained prior to the carrying out or further use of the works.

(7) Each year, the Council may nominate production area entitlements for the purposes of an annual audit. An audit is to be carried out of drainage management plans and works on land to which a production area entitlement so nominated applies. Such an annual audit is to be undertaken by a suitably qualified auditor on behalf of New South Wales Sugar Mills Co-operative Limited (or its successor). The Council is to be issued with a copy of the results of such an annual audit immediately after it has been carried out.

(8) Notwithstanding the provisions of subclause (5), the Council, a public authority or a county council may carry out, without development consent, the following types of development—

(a) development consisting of emergency work,

(b) development consisting of routine maintenance,

(c) development consisting of minor work,

and development ancillary to that development, such as the carrying out of excavation work, the construction of accessways and the provision of power supplies.

(9) Where the Council, a public authority or a county council carries out development described in subclause (8) and encounters, or is reasonably likely to encounter, acid sulfate soils or potential acid sulfate soils, the Council, public authority or county council, as the case may be, shall properly deal with those soils in accordance with the Acid Sulfate Soils Assessment Guidelines and the Acid Sulfate Soils Management Guidelines in the Acid Sulfate Soils Manual so as to minimise the actual or potential impact on the environment arising from the disturbance of the soils.

(10) This clause does not require development consent for the carrying out of works on land referred to in subclause (2) if the land has been lawfully filled or is required to be filled in accordance with any condition of a current development consent and the proposed works do not extend beneath the depth of the fill.

(11) Nothing in this clause prohibits or requires consent for—

(a) any activity pursuant to Part 5 of the Environmental Planning and Assessment Act 1979 as it relates to the Byron Bay Sewerage Augmentation Scheme, or

(b) any development the subject of an existing development consent granted before the amendment of this plan by Byron Local Environmental Plan 1988 (Amendment No 101).

cl 63: Ins 7.11.2003. Am 2008 (571), Sch 3.26 [14].

Signage

64 Signage

(1) The objectives of this clause are as follows—

(a) to preserve the character of the natural and built environment by encouraging signage that respects the architecture, streetscape and visual character of the area,

(b) to ensure signage relates appropriately to its surroundings and does not reduce the safety of any road, pedestrian path or navigable waterway,

(c) to promote a high standard of advertising quality, design and finish, and to prevent excessive advertising and visual clutter,

(d) to ensure that signage is sympathetic to the character of villages and areas of historical significance,

(e) to ensure that signage does not detract from the scenic beauty and amenity of the local government area of Byron,

(f) to enable occupiers of land to identify themselves and their businesses clearly and fairly,

(g) to assist visitors to locate and enjoy the attractions of the local government area of Byron,

(h) to ensure signage does not adversely affect the locality in terms of appearance, size, illumination or overshadowing or in any other way,

(i) to ensure signage is implemented, where relevant, in accordance with the council’s development control plans.

(2) A person must not erect signage on land to which this plan applies, except as provided by this clause.

(3) Any signage listed in Chapter 16 of the Byron 2010 DCP is permitted without the consent of the council.

(4) Any signage other than that referred to in subclauses (3) and (6) requires the consent of the council.

(5) Despite subclauses (3) and (4), any signage relating to items of environmental heritage listed in Schedule 2 requires the consent of the council.

(6) The following are prohibited in all zones—

(a) signage other than signage erected on the land to which it relates, except for—

(i) signage erected by a public authority for public use, or

(ii) signage erected within a road reserve notifying a public event for a period not exceeding one month prior to the event, or

(iii) the erection on behalf of the council of group signage for the purpose of providing space for display of general signs, or

(iv) sandwich board signs on a council road reserve or footpath,

(b) signage located so that it—

(i) interferes with the effectiveness of, or adversely affects, a traffic control device, or

(ii) obscures a driver’s view of a road hazard, or

(iii) attempts to imitate a traffic control device, or

(iv) is a dangerous obstruction,

(c) animated signs,

(d) neon signs,

(e) signage on trees or electricity or telephone poles,

(f) roof or sky advertisements,

(g) bunting,

(h) signage mounted on or attached to stationary cars or trailers which direct attention to a nearby business,

(i) billboard signs,

(j) signage on waste bins, unless for community-related purposes approved by the council,

(k) any free-standing signage exceeding 6 metres in height,

(l) any signage located over the footpath which is lower than 2.6 metres above the footpath,

(m) signage on bridges,

(n) signage (except signs which are exempt development under the provisions of Chapter 16 of the Byron 2010 DCP) on land within Zone No 2 (a), 6 (a), 7 (a), 7 (b), 7 (c), 7 (d), 7 (f1), 7 (j), 7 (k) or 8 (a).

(7) In this clause—

animated sign means signage with movement, or that flashes or changes colour due to the use of electrical or manufactured sources of power.

billboard sign means a board with an advertising display area of over 6 square metres.

building identification sign means signage that identifies or names a building, and that may include the name of a business or building, the street number of a building, the nature of the business and a logo or other symbol that identifies the business, but does not include general advertising of products, goods or services.

bunting means signage consisting of a continuous string of lightweight coloured material secured so as to allow movement.

business identification sign means signage—

(a) that indicates the name of the person or the business carried on by the person (or both the name and the business) at the premises or place at which the sign is displayed, and

(b) that may include the address of the premises or place and a logo or other symbol that identifies the business,

but does not include any advertising relating to a person who does not carry on business at the premises or place.

free-standing advertisement means signage that is displayed on an advertising structure that is mounted on the ground on one or more supports.

neon sign means illuminated signage constructed from neon tubing.

roof or sky advertisement means signage that is displayed on, or erected on or above, the parapet or eaves of a building.

sandwich board sign means any portable sign or device, including an A-frame, having a maximum area of 1 square metre and a maximum width of 0.75 metre, which must be self-supporting and be restricted to one sign per premises and which may be located either within the property on which the associated business is conducted or on the road reserve directly adjacent to the business.

signage means all signs, notices, devices, representations and advertisements that advertise or promote any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display or signage and includes—

(a) building identification signs, and

(b) business identification signs.

cl 64: Ins 14.11.2003. Am 2010 (524), cl 4 (2); 2011 (331), Sch 1 [3] [4].

64A

Exceptions to development standards

64A 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 No 1 (a)—(General Rural Zone), Zone No 1 (b1)—(Agricultural Protection (b1) Zone), Zone No 1 (b2)—(Agricultural Protection (b2) Zone), Zone No 1 (c1)—(Small Holdings (c1) Zone), Zone No 1 (c2)—(Small Holdings (c2) Zone), Zone No 1 (d)—(Investigation Zone), Zone No 1 (e)—(Extractive Resources Zone), Zone No 1 (f)—(Forestry Zone) or Zone No 7 (k)—(Habitat 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.

(c) (Repealed)

cl 64A: Ins 2019 (659), Sch 1.7[2]. Am 2023 (524), Sch 1.1[1]; 2025 (39), Sch 2[1] [2].

64B

Demolition requires development consent

64B 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 64B: Ins 2019 (659), Sch 2.7[2].

64C

Conversion of fire alarms

64C 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 64C: Ins 2019 (659), Sch 2.7[2].

64D

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

64D 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 64D: Ins 2020 (724), Sch 3.

64E

Canal estate development prohibited

64E 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 64E: Ins 2022 (629), Sch 2[4].

Part 4

65–101

pt 4: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

pt 4, div 1: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 65: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 66: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 67: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 68: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 69: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 70: Ins 2014 (725), Sch 1. Am 2019 (659), Sch 1.7[3]. Rep 2025 (39), Sch 2[3].

pt 4, div 2: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 71: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 72: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 73: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 74: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 75: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 76: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 77: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 78: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 79: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 80: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 81: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 82: Ins 2014 (725), Sch 1. Am 2017 (168), Sch 1 [1]. Rep 2025 (39), Sch 2[3].

cl 83: Ins 2014 (725), Sch 1. Am 2017 (168), Sch 1 [2]. Rep 2025 (39), Sch 2[3].

cl 83A: Ins 2017 (168), Sch 1 [3]. Rep 2025 (39), Sch 2[3].

cl 83B: Ins 2017 (168), Sch 1 [3]. Rep 2025 (39), Sch 2[3].

cl 84: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 85: Ins 2014 (725), Sch 1. Am 2023 (524), Sch 1.1[1]. Rep 2025 (39), Sch 2[3].

cl 86: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 87: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 88: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 89: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 90: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 91: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 92: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 93: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 94: Ins 2014 (725), Sch 1. Am 2022 (72), Sch 1.12[2]. Rep 2025 (39), Sch 2[3].

cl 95: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 96: Ins 2014 (725), Sch 1. Am 2019 (621), Sch 2.5. Rep 2025 (39), Sch 2[3].

cl 97: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 98: Ins 2014 (725), Sch 1. Am 2023 (609), Sch 2.6[2]. Rep 2025 (39), Sch 2[3].

cl 98A: Ins 2017 (168), Sch 1 [4]. Am 2022 (72), Sch 1.12[3]–[5]. Rep 2025 (39), Sch 2[3].

cl 98B: Ins 2017 (168), Sch 1 [4]. Rep 2025 (39), Sch 2[3].

pt 4 div 3: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 99: Ins 2014 (725), Sch 1. Am 2023 (554), Sch 2.3. Rep 2025 (39), Sch 2[3].

cl 100: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

cl 101: Ins 2014 (725), Sch 1. Rep 2025 (39), Sch 2[3].

Schedule 1

Schedule 1 (Repealed)

sch 1: Rep 6.3.1998.

Schedule 2

(Dictionary)

sch 2: Subst 22.3.2002. Am 2005 (759), cl 4; 2008 (512), Sch 1 [1].

Schedule 3

Shops referred to in clause 9—Zone 2 (a) (Residential Zone)

Schedule 3 Shops referred to in clause 9—Zone 2 (a) (Residential Zone)

(Clause 9)

Chemist shops
Fish and chip shops
Food shops
Fruit shops
Video shops
Newsagencies
Hairdressers shops

sch 3: Am 14.11.2003.

Schedule 4

Purposes referred to in clause 9—Zone 2 (t) (Tourist Area Zone)

Schedule 4 Purposes referred to in clause 9—Zone 2 (t) (Tourist Area Zone)

(Clause 9)

Child care centres
Clubs
Food shops
Heliports
Places of assembly
Places of public worship
Public utility undertakings
Tourist facilities
Transport terminals
Chemists shops
Confectionery shops
Florists shops
Footwear shops
Gift shops
Jewellery and watchmakers shops
Leathergoods and travelgoods shops
Photographers shops
Real estate agencies
Restaurants
Sports requisite shops
Newsagencies
Tobacconists shops
Hairdressers shops
Dry-cleaning shops
Clothing shops (not exceeding 100 square metres in gross floor area (within the meaning of the Environmental Planning and Assessment Model Provisions 1980).
General store (not exceeding 100 square metres gross floor area (within the meaning of the Environmental Planning and Assessment Model Provisions 1980).

sch 4: Am 22.3.2002; 14.11.2003.

Schedule 5

Purposes referred to in clause 9—Zone 4 (a) (Industrial land)

Schedule 5 Purposes referred to in clause 9—Zone 4 (a) (Industrial land)

(Clause 9)

Shops (including ancillary storage, display and sales areas) occupying an area of at least 1 000 square metres

Air-conditioning and refrigeration equipment and parts
Automotive equipment parts and sales
Boat and marine supplies and equipment
Building material supplies
Camping equipment sales
Concrete product sales
Furniture and floor coverings
Hardware
Home decorating fixtures
Industrial and agricultural equipment and machinery
Landscaping supplies
Medical and surgical supplies and equipment
Mobile home caravan and trailer sales
Office equipment and supplies
Produce stores
Swimming pools and outdoor recreation equipment
Any other purpose which closely resembles a purpose identified above

Shops servicing workers (maximum area of 500 square metres

Accounting and computer facilities
Banking facilities
Food shops
Newsagencies
Restaurants
Any other purpose which closely resembles a purpose identified above

sch 5: Am 17.7.1998. Subst 14.11.2003.

Schedule 6

Schedule 6 (Repealed)

sch 6, hdg: Am 14.7.1989; 1.5.1992. Rep 17.7.1998.

sch 6: Rep 17.7.1998.

Schedule 7

Land referred to in clause 15

Schedule 7 Land referred to in clause 15

(Clause 15)

1 Assessment No 4662.09000, lot 1, DP 264057, Parish of Billinudgel.

2 Assessment No 4662.07000, lot 3, DP 264057, Parish of Billinudgel.

3 Assessment No 4175.00000, lot 3, DP 609995, Parish of Jasper.

4 Assessment No 4176.00000, lot 2, DP 609995, Parish of Jasper.

5 Assessment No 4177.00000, lot 1, DP 609995, Parish of Jasper.

6 Assessment No 4260.00000, lot 2, DP 258036, Parish of Billinudgel.

7 Assessment No 4261.00000, lot 3, DP 258036, Parish of Billinudgel.

8 Assessment No 4262.00000, lot 4, DP 258036, Parish of Billinudgel.

9 Assessment No 2540.00000, portion 103, Parish of Clunes.

10 Assessment No 7788.20000, lot 7, DP 603977, Parish of Mullumbimby.

11 Assessment No 7792.00000, lot 2, DP 579287, Parish of Mullumbimby.

12 Assessment No 5601.00000, lot 1560, DP 243995, Parish of Billinudgel (55).

13 Assessment No 6936.00000, lot 11, DP 586360, Parish of Clunes (56).

14 Assessment No 7821.50000, Lot 8, DP 601390, Parish of Tooland.

15 Assessment No 5940.00000, lot 26A, DP 5129, Parish of Byron.

16 Assessment No 6808.00000, Lot 318, DP 755695, Parish of Byron.

17 Assessment No 5591.00000, lot 1, DP 434565, Parish of Billinudgel.

18 Assessment No 4255.00000, lot 1, DP 357177, Parish of Billinudgel.

19 Assessment No 4679.00000, lot 82, DP 605948, Parish of Mullumbimby.

20 Assessment No 933.02000, lot 30, DP 804875, Parish of Jasper.

21 Lot 339, DP 755687.

22 Lot 1, DP 445771.

23 Lot 2, DP 445771.

24 Lot 186, DP 755692.

25 Lot 1, DP 123322.

26 Lot 9, DP 807867.

27 Lot 5, DP 569918.

28 Lot 7, DP 844554.

30 Lot 4, DP 583623.

31 Lot 20, DP 877915.

32 Lots 3 and 4, DP 576093

33 Lot 7, DP 586804

34 Lot 1, DP 722429

35 Lot 7, DP 571588

36 Lot 1, DP 571873

37 Lot 169, DP 257244

38 Lot 373, DP 729103

39 Lot 1, DP 1022843

40 Lot 8, DP 571588

41 Lot 1, DP 123289

42 Lot 5, DP 580915

43 Lot 230, DP 755730

44 Lot 158, DP 755695

45 Lot 438, DP 729107

DEPOSITED PLAN NUMBERS, LISTED UNDER YEAR (SHOWN BY UNDERLINING) OF ISSUE OF COUNCIL CLERK’S CERTIFICATE FOR SUBDIVISION.

1969
534319 535635 536652 536030 536396 538085 537765 538812 238724 538412 238693 542178 543965 541314 544294

1970
542514 542323 542949 544291 543804 544293 543430 543429 544881 544464 568110 544703 552093 552094 546490

1971
553863 549688 558404 553537 549394 551004 553296 241074 550406 550755 550550 553034 551947 552246 556770 553033 552902 554286 553934 554027 554839 554079 553936

1972
555089 555088 555083 559036 558652 557721 247375 557418 555919 558280 556636 558532 556948 556233 243218 558340 556771 557153 556714 557316 557820 559550 558406 244731 558546 559900 558145 559259 558858 559803 244204 559175 564811 560997 563039 561407 560163 560246 561513 559943

1973
563522 561346 562332 561452 561490 561489 563079 564124 563435 568819 562616 563373 245439 566244 565482 247180 567422 246236 564701 564890 565053 567982 565208 565766 565052 246347 566548 566719 567379 567646 567722 568452 566314 574195 567628 568104 569916 567115 610392 575148 567117 567130 568162 587391 567603 567048 569047 569985 568386 246970 570304

1974
570615 568105 246996 247336 571222 570774 569851 570590 574135 570312 569524 569917 569990 571375 248142 573623 571044 247817 570309 574092 248363 571695 575400 248377 572223 572064 572897 571934 578079 571636 572079 572131 574094 572246 572748 572912 574252 578310 572752 249464 575480 248805 572864 573269 576923 575045 574091 573855 249731 248897 575564 578264 577469 575468 575299 578265 575169 577735 575719 575565 579176 575946

1975
577910 577895 577659 576360 576921 577017 577281 577734 578874 581270 578269 580914 578536 581641 251128 578938 577728 580909 578120 577722 577721 577922 250167 578038 582967 579792 578304 579295 579860 581527 250382 582423 588516 579568 580714 584797 580039 579711 582082 594723 579607 579411 579608 582602 580637 580515 583091 581134 580913 581329 581147 581699 580369 580715 580144 583377 581193 580670 581751 581145 582084 250908 582689 580668 580872 581892 571835 583053 581753 581144 582352 581584 584165 584078 582891 251256 583200 584007 592802 582169 583344 581752 583600

1976
580115 583201 584364 585464 583941 584730 583738 590601 584169 583635 587522 584475 585232 584473 252384 586087 587288 585564 587183 585036 585286 584278 583313 585196 585518 586187 587709 252483 585769 587860 585699 592630 594995 586271 594996 586221 586513 586314 586359 586315 585854 586862 585938 586583 252867 586805 586578 586316 586375 586874 253347 253175 253095 588735 588311 588336 587291 586863 589285 589545 586835 253323 587938 588734 588286 587847 589432 590347 590713 589300 588885 591828 587773 590515 253886 588736 588153 589419

1977
590205 588391 592993 600681 253840 589362 589298 589361 591190 590470 589535 589627 592005 589090 590847 590178 253926 589613 591152 589748 589614 589795 591413 255156 592520 590451 593616 590826 594168 590825 592377 592299 255603 591441 611772 591293 595023 592152 594551 592170 255525 592287 591956 593610 596035 593240 255630 592711 255993 592865 595777 255629 255790 594548 258426 593614 255770 594549 594756 595338 258036 593474 594103 258075 594552 594456 596591 255806 596322 261499 595980

1978
594975 595097 594645 595619 596072 255994 255916 258349 595560 595878 596723 598891 595813 596124 595455 258132 258394 258176 597109 596612 258338 596592 596064 596170 596685 597253 258158 600514 596593 597764 610340 597903 598348 258294 599908 597111 598238 597810 598619 598378 599781 603009 258579 598463 598368 598823 601176 258464 601327 599812 600363 259415 598719 600192 258562 599731 600095 605958 601568 601075 603130 603698 258638 600364 600516 600582 258640 600094 258951 599728 601076 600576 600678 600770

1979
259041 601329 601328 601659 620472 605236 258883 601748 617370 602547 612988 612989 259010 602030 602481 602455 602402 602058 259256 259313 601474 601603 601985 602916 602391 602089 601725 258973 603252 602553 603203 606090 606131 603516 621058 602917 603535 604916 259024 793003 603004 602912 603251 603103 605495 603976 604594 608260 603517 259337 604060 605171 259285 605035 604801 605779 604256 603876 605945 259420 606724 608468 604650 259591 605821 259637 605002 605238 605237 606195 611091 605938 259447 605857 605650 260639 605824 259506 599930 608525 605595 606347 606129 605822 607661 607353 606785 606438 605811 259624 606133 259954 608870 609219 606791 606372 606577 607502 607704 606451 607611 610194 606905 607703 608146 608735 259998 610865 259869 607289 259870 607366 608127 260319 607156

1980
608002 610379 607892 609220 608145 259991 608147 608876 609324 608312 609995 608724 260297 608723 609813 260369 609271 612844 610382 611392 615108 610487 261002 609928 609812 615783 612325 609872 609723 618073 610381 611272 610728 610635 612192 615439 611584 611393 614621 611442 611394 615602 612323 614715 615522 620551 611785 612921 260904 260707 613227 612114 616456 612387 613173 615546 612814 261020 261219 613127 614161 616276 617891 613935 613257 621643 613133 614028 614484 261080 710483 613834 614014 614645 614893 615329 614618 618091 615585 623877 615048 261332

1981
615290 261449 615832 616219 620051 630943 616521 620841 615736 616011 616559 261691 616224 616597 261607 620040 261560 617631 617236 616998 616740 617652 618839 617488 620929 261662 619524 617067 617681 625509 617529 618234 618697 618089 623564 620732 622949 618891 618589 622735 619293 703966 623547 620049 625208 623992 621642 619714 263342 620296 262323 262183 262201 262477 621694 621260 621594 263650 621993 620642 620682 262339 621360 623743 621320 621548 621825 621359 623509 633099 262480 622644 622204 626244 623350 623351 622630 623809 622226 622736 622586 623057

1982
622461 622490 627229 623865 627961 625667 262826 262827 623673 262828 262829 262821 262822 262823 262824 262825 627619 625224 625004 627278 264290 625342 625255 630446 627447 626040 629581 626518 626605 627139 626519 627470 628943 263270 627031 626429 627003 627385 627510 626914 627476 627458 627436 263503 627822 731049 632973 626084 700946 628447 630546 628224 631081 629956 632681 703195 635176 629233 629234 629487 630164 629528 630982 632110 635195 637723 632018 710090 630647 631296 630492 631285 630581

1983
264057 630987 631177 632810 631795 263974 631250 632898 630999 632464 632154 631518 631878 633726 633694 635112 264149 631949 632083 634612 632434 633243 632771 632974 633976 633244 707292 634132 264449 702538 701326 634771 701103 702270 264467 634601 705217 701692 700339 700806 635710 700807 700055 635614 635444 635505 700120 700348 701525 701229 700568 703416 700739 701005 702175 701010 702243 707295 702271 702381 701520 702168

1984
702701 701392 710080 712153 711063 702535 707671 703261 703653 702880 703263 705522 706442 710428 703851 730861 705543 707485 703880 706115 705946 706286 712946 708048 707865 706758 707651 707706 707614 708189 708338 708466 709703 709546 710167 708644 710192 709573 714077 717772 710100 710039 713515 710680

1985
711115 713964 713135 637345 712250 713243 730825 731486 718014 713081 712883 717523 717102 717703 713023 713699 716065 713857 638972 717125 718937 738155 714761 715746 715498 716641 716308 715450 716565 715608 716479 719570 719871 718777 719142 732108 730336 730335 719143 719687 719991 731492 731050

1986
732530 732071 732056 732059 748118 733182 732188 732638 777301 732730 732681 734745 733022 738270 739987 735000 734828 738059 734593 735699 736093 736671 735656 747147 739798 735538 736674 738086 748237 737161 737209 738352 739122 739352 739402 739787 739963 740309 710192 739871 747075 740557 740203

1987
771568 740943 746096 749891 749851 748873 747540 749209 778626 746549 748235 748696 748119 748308 747576 747409 747394 791342 747186 748290 749076 776145 747828 748585 749004 747947 748804 748973 748983 748729 787386 776155 792880 793657 773022 749331 771101 772174 771127 771754 777750 773806 773390 773078 755738 773129 773806

1988
773520 774146 785272 785171 775335 775410 775447 785735 792113 778293 776025 777369 789153 776107 776609 804545 778016 785551 778661 786110 787037 785708 793082 786274

sch 7: Am 2.11.1990; 2.8.1991. Subst 17.7.1992 (see also 31.7.1992 and 7.8.1992). Am 21.10.1994; 2.12.1994; 10.2.1995; 1.12.1995; 15.10.1999; 7.4.2000; 9.2.2001; 5.10.2001; 22.2.2002; 11.6.2004; 2010 (596), Sch 1; 2011 (388), cl 4; 2011 (591), cl 4.

More sections below

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.

Part 1 Preliminary

1 Name of plan

This plan may be cited as Byron Local Environmental Plan 1988.

2 Aim, objectives and guiding principles

(1) Aim The aim of this plan is to promote sustainable development in Byron by furthering the objects of the Environmental Planning and Assessment Act 1979, particularly in regard to—

(a) the application to proposed development of guiding principles for the management, development and conservation of natural and human made resources (including natural areas, forests, coastal areas, water, agricultural land, extractive resources, towns, villages and cultural amenities) for the purpose of promoting the social and economic welfare of the community, protecting ecological and cultural heritage and achieving a better environment,

(b) the promotion and coordination of the orderly and economic use and development of land,

(c) the provision and coordination of community services and facilities,

(d) the protection of the environment, including the protection and conservation of native animals and plants, including threatened species, populations and ecological communities and their habitats,

(e) the provision of increased opportunity for public involvement and participation in environmental planning and assessment, and

(f) the protection and promotion of the use and development of land for arts and cultural activity, including music and other performance arts.

(2) Objectives The objectives of this plan are—

(a) to enhance individual and community (social and economic) well-being by following a path of economic development that safeguards the welfare of future generations,

(b) to provide for equity within and between generations, and

(c) to protect biodiversity, and re-establish and enhance essential ecological processes and life support systems.