Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
Byron Local Environmental Plan 2014 sets the legal land‑use rules for land shown on its maps: it zones land, lists permitted/consent‑required/prohibited uses, and establishes exempt and complying development pathways (s2.3; s3.1–3.3). It imposes targeted controls for heritage (s5.10), flood risk (s5.21–5.22) and aquaculture (s5.19; Schedule Parts 1–2). The council is the consent authority (s1.6); applicants bear compliance costs and must meet mapping, technical and notification requirements (s1.7; s5.10).
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Direct links to the current provisions in Byron Local Environmental Plan 2014.
Part 1 Preliminary
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU5 Village
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
Employment Zones
E1 Local Centre
E3 Productivity Support
E4 General Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
cl 2.1: Am 2020 (66), Sch 1[1]; 2022 (195), Sch 1[1]; 2022 (828), Sch 1.6[1]; 2024 (483), Sch 1[1].
Land Use Table
Note—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
State Environmental Planning Policy (Primary Production) 2021, Chapter 2
Land Use tbl: Am 2015 (392), Sch 1 [1]–[4]; 2016 (31), cl 4; 2016 (168), Sch 1 [1] [2]; 2016 (451), Sch 1 [1]–[5]; 2017 (87), Sch 1 [1]–[3]; 2017 (493), Sch 1.1 [1]; 2017 (529), Sch 1 [1]–[16]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2020 (66), Sch 1[2] [3]; 2021 (638), Sch 1[1]; 2021 (714), Sch 10.3; 2022 (195), Sch 1[2]; 2022 (314), Sch 1; 2022 (828), Sch 1.6[2]; 2024 (483), Sch 1[3].
Zone RU1 Primary Production
Zone RU2 Rural Landscape
Zone RU5 Village
Zone R1 General Residential
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone R5 Large Lot Residential
Zone E1 Local Centre
Zone E3 Productivity Support
Zone E4 General Industrial
Zone MU1 Mixed Use
Zone SP1 Special Activities
Zone SP2 Infrastructure
Zone SP3 Tourist
Zone RE1 Public Recreation
Zone RE2 Private Recreation
Zone C1 National Parks and Nature Reserves
Zone C2 Environmental Conservation
Zone C3 Environmental Management
Zone C4 Environmental Living
Zone W1 Natural Waterways
Zone W2 Recreational Waterways
3 Permitted with consent
Agriculture; Airstrips; Animal boarding or training establishments; Aquaculture; Business identification signs; Camping grounds; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Helipads; Home businesses; Home industries; Industrial retail outlets; Industrial training facilities; Intensive livestock agriculture; Intensive plant agriculture; Landscaping material supplies; Open cut mining; Places of public worship; Plant nurseries; Recreation areas; Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Tourist and visitor accommodation; Veterinary hospitals
4 Prohibited
Backpackers’ accommodation; Hotel or motel accommodation; Serviced apartments; Any other development not specified in item 2 or 3
Part 3 Exempt and complying development
Part 4 Principal development standards
Part 5 Miscellaneous provisions
5.1 Relevant acquisition authority
(1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note.
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
| Type of land shown on Map | Authority of the State | | Zone RE1 Public Recreation and marked “Local open space” | Council | | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act | | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW | | Zone SP2 Infrastructure and marked “Local road” | Council | | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |
(3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
Part 6 Additional local provisions
Division 1 Miscellaneous
pt 6, div 1, hdg: Ins 2023 (3), Sch 1[1].
6.1 Acid sulfate soils
(1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.
(2) Development consent is required for the carrying out of works described in the table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.
| Class of land | Works | | 1 | Any works. | | 2 | Works below the natural ground surface.Works by which the watertable is likely to be lowered. | | 3 | Works more than 1 metre below the natural ground surface.Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface. | | 4 | Works more than 2 metres below the natural ground surface.Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface. | | 5 | Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land. |
(3) Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.
(4) Despite subclause (2), development consent is not required under this clause for the carrying out of works if—
(a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and
(b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.
(5) Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—
(a) emergency work, being the repair or replacement of the works of the public authority, required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,
(b) routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),
(c) minor work, being work that costs less than $20,000 (other than drainage work).
(6) Despite subclause (2), development consent is not required under this clause to carry out any works if—
(a) the works involve the disturbance of less than 1 tonne of soil, and
(b) the works are not likely to lower the watertable.
(7) Despite subclause (2), development consent is not required under this clause for the carrying out of works for the purpose of agriculture if—
(a) a production area entitlement is in force in respect of the land when the works are carried out, and
(b) the works are carried out in accordance with a drainage management plan, and
(c) the works are not carried out in respect of a major drain identified on the Acid Sulfate Soils Map, and
(d) the works are not carried out on land identified as “coastal wetlands” on the Coastal Wetlands and Littoral Rainforests Area Map, within the meaning of State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 2.
(8) In this clause—
drainage management plan means an irrigation and drainage management plan that—
(a) is prepared in accordance with the NSW Sugar Industry Best Practice Guidelines for Acid Sulfate Soils (2005), and
(b) is endorsed by the Sugar Milling Co-operative as being appropriate for the land.
NSW Sugar Industry Best Practice Guidelines for Acid Sulfate Soils (2005) means the guidelines approved by the Director-General of the Department of Infrastructure, Planning and Natural Resources on 25 May 2005.
production area entitlement means a contractual arrangement between the Sugar Milling Co-operative and a grower member of that co-operative for the production of sugar cane for milling.
Sugar Milling Co-operative means the New South Wales Sugar Milling Co-operative Limited or its successor.
Note.
The NSW Sugar Industry Best Practice Guidelines for Acid Sulfate Soils (2005) is available on the Department of Planning and Infrastructure’s website.
cl 6.1: Am 2018 (106), Sch 2.3; 2022 (72), Sch 1.13[1].
Division 2 Affordable housing
pt 6, div 2: Ins 2023 (3), Sch 1[3].
Part 7 Urban release areas
pt 7: Ins 2025 (39), Sch 1[2].
7.1 Concurrence of Planning Secretary
(1) The objective of this clause is to ensure designated State public infrastructure is sufficient to address the impact of intensive subdivision of land in an urban release area.
(2) This clause applies to the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area.
(3) Development consent must not be granted for the subdivision unless the consent authority has obtained the concurrence of the Planning Secretary.
(4) In deciding whether to grant concurrence, the Planning Secretary must consider the following—
(a) the impact of the subdivision on—
(i) existing designated State public infrastructure, and
(ii) the need for additional designated State public infrastructure,
(b) the cumulative impact of the subdivision with other development that has been, or is likely to be, carried out in surrounding areas on—
(i) existing designated State public infrastructure, and
(ii) the need for additional designated State public infrastructure,
(c) the steps taken to address those impacts, including whether a planning agreement has been, or will be, entered into to contribute to designated State public infrastructure.
(5) In deciding whether to grant concurrence, the Planning Secretary must also consult the public authorities that the Planning Secretary considers relevant to the development.
(6) This clause does not apply to subdivision of the following land—
(a) land in a region within the meaning of the Act, Division 7.1, Subdivision 4, or land that includes land in a region,
(b) a lot that is, in the Planning Secretary’s opinion, a residue lot,
(c) a lot created by a subdivision of land under a previous development consent granted in accordance with—
(i) this clause, or
(ii) Byron Local Environmental Plan 1988, clause 99, before its repeal,
(d) a lot proposed to be reserved or dedicated for public open space, public roads, public utility undertakings, educational establishments or other public purposes.
(7) This clause also does not apply to subdivision that is only for the purposes of rectifying an encroachment on an existing lot.
(8) In this clause—
designated State public infrastructure means public facilities or services of the following kinds that are provided or financed by the State, or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State—
(a) State and regional roads,
(b) bus interchanges and bus lanes,
(c) regional parks and public spaces,
(d) social infrastructure and facilities, including schools, hospitals, emergency services and justice facilities.
cl 7.1: Ins 2025 (39), Sch 1[2].
Schedule 1 Additional permitted uses
(Clause 2.5)
sch 1: Am 2017 (529), Sch 1 [21]; 2019 (478), Sch 1; 2020 (66), Sch 1[4]; 2020 (482), cl 5; 2022 (828), Sch 1.6[10]; 2024 (483), Sch 1[9]; 2025 (245), Sch 1[2]; 2025 (539), Sch 1.
8 Use of certain land at Coast Road, Broken Head
(1) This clause applies to land at The Coast Road, Broken Head (known as the Linnaeus Estate) being part of Lot 1, DP 1031848, and identified as “Area D” on the Additional Permitted Uses Map.
(2) Development for the purposes of mixed use development that includes tourist or visitor accommodation is permitted with development consent.
(3) Development consent may only be granted under this clause if the consent authority is satisfied that the proposed development—
(a) is ancillary to a lawful existing land use, and
(b) is for the purpose of providing education or training for professional and personal development through a variety of academic, cultural and vocational programs.
9 Use of certain land at Byron Bay Rail Corridor, adjacent Rail Land and Lawson Street South Car Park
(1) This clause applies to land at the Byron Bay Rail Corridor and Lawson Street South Car Park, being part of Lot 4729, DP 1228104, Lot 1, DP 1001454, and Lot 3 and part of Lot 7, DP 827049 and identified as “Area E” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) community facilities,
(b) information and education facilities,
(c) markets, if Council is satisfied the development will not increase the number of markets on the land to which this Plan applies.
(3) The following development is permitted without development consent—
(a) landscaping that does not involve excavation of more than 1 metre from ground level (existing), or filling of more than 1 metre above ground level (existing),
(b) development for the purposes of recreation areas.
10 Use of certain land at Seven Mile Beach Road, Broken Head
(1) This clause applies to land at Seven Mile Beach Road, Broken Head, being Lot 2, DP 599728 and identified as “Area F” on the Additional Permitted Uses Map.
(2) Development for the purpose of 6 dwelling houses is permitted with development consent.
11 Use of certain land at 10–12 Shirley Street, Byron Bay
(1) This clause applies to land at 10–12 Shirley Street, Byron Bay, being Lot 1, DP 847910 and identified as “Area G” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) office premises,
(b) light industry, but only for the purposes of a commercial kitchen that does not involve the use of more than 100 square metres of floor area,
(c) a restaurant or cafe.
12 Use of certain land in Zone E1
(1) This clause applies to land in Zone E1 identified as “Area I” on the Additional Permitted Uses Map.
(2) Development for the purposes of tourist and visitor accommodation is permitted with development consent.
13 Use of land at Mullumbimby
(1) This clause applies to the following land in Mullumbimby, identified as “Area J” on the Additional Permitted Uses Map—
(a) Lot 188, DP 728535, 1 Reservoir Road,
(b) Lot 1, DP 1159861, 1–3 Azalea Street,
(c) Lot 138, DP 755722, Left Bank Road.
(2) Development for the following purposes is permitted with development consent—
(a) creative industries,
(b) information and education facilities,
(c) markets,
(d) restaurants or cafes.
14 Use of certain land at 66 The Saddle Road, Brunswick Heads
(1) This clause applies to part of Lot 2, DP 1159910, 66 The Saddle Road, Brunswick Heads, identified as “Work-Live Precinct” on the Local Clauses Map.
(2) Development for the purposes of attached dwellings, multi dwelling housing and residential flat buildings is permitted with development consent.
15 Use of certain land in Byron Bay
(1) This clause applies to certain land in Byron Bay, identified as “Area K” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) business premises,
(b) health services facilities,
(c) office premises,
(d) passenger transport facilities,
(e) recreation areas.
Schedule 2 Exempt development
(Clause 3.1)
Note 1.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2.
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
sch 2: Am 2016 (451), Sch 1 [7]; 2021 (638), Sch 1[13]; 2022 (72), Sch 1.13[4]; 2022 (388), cl 4; 2022 (828), Sch 1.6[11] [12]; 2023 (178), cl 4(1) (2); 2023 (432), cl 4; 2024 (483), Sch 1[10]; 2025 (246), Sch 1.
Basic standards for all exempt development
(1) For the purpose of clause 3.1(2) of this Plan the standards in the following apply to all types of development referred to in this Schedule.
(2) To be exempt development, the development specified in this Schedule must meet the following standards in addition to the standards particularly specified for that development—
(a) must not restrict any required vehicular or pedestrian access from a site,
(b) must not involve a change to an existing, or the installation of, effluent disposal system or sewer connection, (unless approval from the consent authority has been granted to the modification or installation),
(c) must not be on land that is identified or recorded in a contaminated land register, map or other Council record as being contaminated, unless a notice of completion of remediation work for the proposed use has been approved by the consent authority in accordance with State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 4,
(d) must not be on land that is or has been used by a potentially contaminating activity,
(e) must not be ancillary to a work or structure not lawfully commenced or erected,
(f) must not reduce the structural integrity of any building,
(g) if the development is within the zone of influence of a sewer or water pipe, must be constructed in accordance with Byron Council Policy (Building over Pipelines and other Underground Structures), as amended 8 October 2009.
Bed and breakfast accommodation
(1) Must contain only 1 bedroom for guests.
(2) Must not provide accommodation to more than 2 guests at a time.
(3) Must offer breakfast to guests.
(4) Must provide parking to guests on the site.
Note.
Section 100B(3) of the Rural Fires Act 1997 requires a person to obtain a bush fire safety authority under that Act before developing bush fire prone land for a special fire protection purpose such as tourist accommodation (including bed and breakfast accommodation).
Burials on private land
(1) Must be on land in Zone RU1 Primary Production or Zone RU2 Rural Landscape only.
(2) Must not be more than 4 deceased persons buried on the land.
(3) Must also have an approval for the burial from the Council in accordance with Council Policy 5.3 Burials on Private Property, reviewed 24 September 1996.
Note.
Must comply with Part 8 of the Public Health Regulation 2012 and the relevant guidelines issued by the Department of Health.
Display of goods on footways
(1) Must be in Zone RU5 Village or Zone E1 Local Centre.
(2) Must be in conjunction with an existing shop for which consent has been granted.
(3) Area to be used must be subject to a current approval under the Roads Act 1993.
(4) Area must be immediately adjoining the shop front and must not obstruct access to that or to adjacent shop.
Entertainment and events on public roads
Must be in accordance with an approval issued under section 125 of the Roads Act 1993.
Garage sales
(1) Must take place within the garage and the curtilage of a dwelling.
(2) Must be the sale of personal items by permanent residents of the dwelling only.
(3) Must not be for more than 48 hours duration.
(4) Maximum—2 per year.
(5) A sign advertising the sale up to 1m2 in size may be erected on the site on the day of the sale. Any such sign must not be attached to a tree.
Horticulture
(1) Must be in Zone RU1 Primary Production or Zone RU2 Rural Landscape.
(2) Must not be located within 20m of a watercourse.
Mobile sawmill
(1) Must be in a rural zone (other than Zone RU5 Village).
(2) Must not operate for more than 2 weeks in any 12-month period on any one property.
Outdoor lighting
(1) Light spill must be confined to the source property.
(2) Must not be a danger to traffic.
Roadside stalls
(1) Must be for the sale of agricultural produce only.
(2) Must be on land in Zone RU1 Primary Production or Zone RU2 Rural Landscape.
(3) Must not have a gross floor area of more than 4m2.
(4) Must be located on private property.
(5) Must be located at least 5m from an adjoining property boundary.
(6) Must not be located on land adjacent to a classified road.
(7) Only 1 stall per landholding.
(8) Must provide customer parking on the side of a road or within the property.
(9) If parking is provided on the side of a road—must provide for vehicles to park at least 3m from the road.
(10) If parking is provided within the property—must provide for vehicles to access and leave the property in a forward direction.
Strata subdivision of a lawfully erected building
(1) Must be of a building situated in Zone RU5 Village, Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone E1 Local Centre, Zone E3 Productivity Support Zone, E4 General Industrial or Zone MU1 Mixed Use.
(2) Must not be the strata subdivision of a boarding house.
(3) Must not be a development lot under the Strata Schemes (Freehold Development) Act 1973.
(4) Must not be development that requires a Bushfire Safety Authority under section 100B of the Rural Fires Act 1997.
Subdivision of council public roads
Must relate to land comprising a council public road proposed for closure under the Roads Act 1993, Part 4, Division 3.
Temporary business premises
(1) This clause applies to Lot 5, DP 619224, 90–96 Jonson Street, Byron Bay.
(2) Must include only 1 temporary structure with a gross floor area of up to 60m2.
(3) Must not remain on the land after 30 June 2024.
Temporary community facilities in Byron Bay
(1) This clause applies to Lot 452, DP 48493, Lighthouse Road, Byron Bay.
(2) Must include no more than 2 buildings.
(3) Must not have a gross floor area of more than 85m2.
(4) An evacuation diagram with the following information must be displayed in each building—
(a) directions to evacuate the site,
(b) contact details for emergency services, including for a bush fire, flood or other natural disaster.
(5) Must conform to the specifications and requirements of Planning for Bush Fire Protection, ISBN 978 0 646 99126 9, dated 9 November 2019.
(6) Must not remain on the land after 28 February 2025.
Temporary community facilities in Mullumbimby
(1) This clause applies to Lot 1, Section 8, DP 758725, 15 Tincogan Street, Mullumbimby.
(2) Must include only temporary structures with a total gross floor area of up to 80m2.
(3) Must not remain on the land after 30 June 2024.
Temporary function centres on certain land on Ewingsdale Road, Byron Bay
(1) This clause applies to the part of Lot 3, DP 706286, 249 Ewingsdale Road, Byron Bay in Zone RE1.
(2) Must not involve the erection of permanent structures.
(3) Must not include facilities for overnight accommodation or camping.
Waterbody artificial (dams)
(1) Must be on land in Zone RU1 Primary Production, Zone RU2 Rural Landscape or Zone R5 Large Lot Residential.
(2) Must not be located on land that has a slope greater than 18 degrees.
(3) Must not be located within 40m of a waterway.
(4) Must not be located on land affected by acid sulfate soils (class 1, 2 or 3) as mapped on the Acid Sulfate Soils Map.
Schedule 3 Complying development
(Clause 3.2)
Note.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
sch 4: Am 2015 (375), cl 4; 2015 (633), Sch 1 [2]; 2016 (30), cl 5; 2018 (249), cl 5 (1).
Schedule 5 Environmental heritage
(Clause 5.10)
sch 5: Am 2017 (87), Sch 1 [5] [6]; 2017 (529), Sch 1 [22]; 2020 (381), Sch 1[1]–[6]; 2024 (291), Sch 1.
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1.1 Name of Plan
This Plan is Byron Local Environmental Plan 2014.
1.1AA Commencement
This Plan commences on 21 July 2014 and is required to be published on the NSW legislation website.
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in Byron in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
(2) The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to progressively respond to changes in the natural, social and economic environment in a way that is consistent with the following principles of ecologically sustainable development—
(i) the precautionary principle—this 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.),
(ii) 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,
(iii) 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,
(iv) the principle of improving the valuation and pricing of social and ecological resources—this principle means that 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),
(v) 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,
(vi) 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,
(vii) the principle of providing credible information in open and accountable processes to encourage and assist the effective participation of local communities in decision making,
(b) to integrate local planning provisions with applicable regional and State planning controls and policies,
(c) to provide a framework for land use management in Byron,
(d) to promote and coordinate the orderly and economic use and development of land,
(e) to build and sustain community resilience by encouraging a diversity of housing choice and affordable housing in appropriate localities,
(f) to encourage development that contributes to a vibrant, socially-diverse community,
(g) to encourage development that contributes to a strong, growing and diversified economy,
(h) to ensure the timely provision and coordination of community services and facilities,
(i) to protect, manage and restore the natural environment and biodiversity of Byron,
(j) to protect the cultural heritage of Byron, including the conservation of built heritage and Aboriginal heritage,
(k) to provide for public involvement and participation in environmental planning and assessment,
(l) to minimise conflict between land uses within a zone and adjoining zones and ensure minimal impact of development on the amenity of adjoining and nearby land uses.
1.3 Land to which Plan applies
(1) This Plan applies to the land identified on the Land Application Map.
(1A) Despite subclause (1), this Plan does not apply to the land identified as “Deferred matter” on the Land Application Map.
1.4 Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5 Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7 Maps
(1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(1AA) (Repealed)
(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4) For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
1.8 Repeal of planning instruments applying to land
(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
(2) All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
1.8A Savings provision relating to development applications
(1) If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
Note.
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
(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 1.8A: Am 2019 (621), Sch 5[1]; 2023 (609), Sch 1.1[1].
1.8B (Repealed)
cl 1.8B: Rep 2016 (310), Sch 4.4.
1.9 Application of SEPPs
(1) This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
(2) The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
1.9A Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2) This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
(3) This clause does not affect the rights or interests of any public authority under any registered instrument.
(4) Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2019 (621), Sch 5[2]–[4].
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU5 Village
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
Employment Zones
E1 Local Centre
E3 Productivity Support
E4 General Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
cl 2.1: Am 2020 (66), Sch 1[1]; 2022 (195), Sch 1[1]; 2022 (828), Sch 1.6[1]; 2024 (483), Sch 1[1].
2.2 Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3 Zone objectives and Land Use Table
(1) The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3) In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4) This clause is subject to the other provisions of this Plan.
Notes.
1
Schedule 1 sets out additional permitted uses for particular land.
2
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
3
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4
Clause 2.6 requires consent for subdivision of land.
5
Part 5 contains other provisions which require consent for particular development.
2.4 Unzoned land
(1) Development may be carried out on unzoned land only with development consent.
(2) In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5 Additional permitted uses for particular land
(1) Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2) This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6 Subdivision—consent requirements
(1) Land to which this Plan applies may be subdivided, but only with development consent.
Notes.
(2) Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the [Lot Size Ma
This is an opening excerpt, not the complete document.