Commonwealth legislation

Environment Protection and Biodiversity Conservation (Jabiru Town Plan) Approval 2019

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This instrument approves the Northern Territory’s Jabiru Town Plan 2019 as the Commonwealth “Town Plan” for Jabiru under the EPBC Regulations, replacing the earlier federal town plan. It makes the NT planning scheme (zones, permitted/discretionary uses, subdivision and design standards, and the Jabiru Masterplan) the operative planning rules for the town while preserving Commonwealth environmental oversight. It affects residents, landowners, developers, consent authorities and the Director of National Parks because it sets who decides development, what standards apply, and when Commonwealth approvals remain required.

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What it does

This instrument is a Commonwealth approval that adopts, without modification, the Northern Territory Jabiru Town Plan 2019 as the “Town Plan” for the Town of Jabiru within Kakadu National Park. Mechanically, the Director of National Parks makes the approval under subregulation 11.10(2) of the Environment Protection and Biodiversity Conservation Regulations 2000 (the Regulations), for the purposes of sections 388 and 389 of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) and subsection 8.2.7 of the Kakadu National Park Management Plan 2016-2026 (the Management Plan) (Preamble; cl 3; cl 6). The instrument was made and dated 9 October 2019 by Dr James Findlay, Director of National Parks, and the instrument’s commencement is the day after registration (cl 2(1)).

The Schedule to the instrument reproduces the Jabiru Town Plan 2019 (NT) in full and adopts it in this Commonwealth instrument (Schedule, cl 1(1)-(2)). That reproduction includes the zoning maps, zone purpose statements, use tables (permitted, discretionary, prohibited), performance criteria and standards (Parts 1-6), subdivision rules (Part 5), transport and infrastructure rules (Part 6), and Schedules including the Jabiru Masterplan (Schedule 2). The instrument therefore brings the Northern Territory specific planning scheme into effect as a Town Plan under the Commonwealth statutory framework for Kakadu National Park, subject to the constraints that the Town Plan itself repeatedly places on development to ensure consistency with the Commonwealth environmental law (see, for example, the “Context” and Objective sections reproduced in the Schedule, and cl 2.3(5)).

Practically, the approval means that development and use of land in the Town of Jabiru are governed by the adopted Town Plan provisions (zoning, development standards, subdivision controls), administered by the consent authority established under the Planning Act 1999 (NT), but within the overlay of Commonwealth environmental obligations. The Town Plan expressly requires the consent authority to have regard to the Commonwealth environmental law and prohibits consent where a proposed use would have a significant negative impact on the environmental or cultural heritage values of Kakadu National Park (cl 2.3(1), (5); definition of “Commonwealth environmental law” at cl 3.0). The instrument also gives limited, targeted primacy to a local Masterplan for specific lots (cl 2.6), and sets out transitional administrative arrangements and exceptions (Part 1, cl 1.3 and cl 2.6).

Current sections

Direct links to the current provisions in Environment Protection and Biodiversity Conservation (Jabiru Town Plan) Approval 2019.

Commencement

2 Commencement

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this instrument The day after this instrument is registered.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

Authority

3 Authority

This instrument is made under subregulation 11.10(2) of the Regulations for the purposes of sections 388 and 389 of the Act and subsection 8.2.7 of the Management Plan.

Definitions

4 Definitions

In this instrument:

Act means the Environment Protection and Biodiversity Conservation Act 1999 (C2018C00440).

Jabiru Town Plan 2019 means the Schedule to this instrument.

Jabiru Town Plan 2019 (NT) means the specific planning scheme for the Town of Jabiru pursuant to section 8 of the Planning Act 1999 (NT), as in force at the commencement of this instrument and reproduced in the Schedule to this instrument.

Kakadu National Park means the Commonwealth reserve of that name, the legislative context for which is described in Appendix G of the Management Plan.

Management Plan means the Kakadu National Park Management Plan 2016-2026 (FC2016L00002).

Regulations means the Environment Protection and Biodiversity Conservation Regulations 2000 (F2018C00929).

Town of Jabiru means the land described in the Jabiru Town Plan 2019 (NT) and being within the Kakadu National Park.

Town Plan means a town plan approved under subregulation 11.10(2) of the Regulations and made for the purposes of sections 388 and 389 of the Act.

Notes: The term ‘Director of National Parks’ has the same meaning as given in section 514A of the Act.

The term ‘Commonwealth reserve’ has the same meaning as given in section 528 of the Act.

Schedule

5 Schedule

Each instrument that is specified in the Schedule to this instrument is amended or repealed as set out in the applicable items in that Schedule, and any other item in the Schedule to this instrument has effect according to its terms.

Approval of Jabiru Town Plan 2019 as a Town Plan for the Town of Jabiru

6 Approval of Jabiru Town Plan 2019 as a Town Plan for the Town of Jabiru

The Director of National Parks approves the Jabiru Town Plan 2019 as a Town Plan for the Town of Jabiru under subregulation 11.10(2) of the Regulations and for the purposes of sections 388 and 389 of the Act and subsection 8.2.7 of the Management Plan.

Schedule — Jabiru Town Plan 2019

Environment Protection and Biodiversity Conservation (Jabiru Town Plan) Approval 2019

Jabiru Town Plan 2019

1 Jabiru Town Plan 2019

(1) This Schedule is the Jabiru Town Plan 2019 and adopts the Jabiru Town Plan 2019 (NT) in full and without modification.

(2) The Jabiru Town Plan 2019 (NT) is reproduced in this Schedule.

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Jabiru Town Plan

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USER GUIDE TO THE JABIRU TOWN PLAN 2019 i
PART 1 1-1
1.0 Preliminary 1-1
1.1 Citation 1-1
1.2 Application 1-1
1.3 Exceptions 1-1
2.0 Administration 1-4
2.1 Zones 1-4
2.2 Permitted, Discretionary and Prohibited Development 1-4
2.3 Exercise of Discretion by the Consent Authority 1-4
2.4 Subdivision of Land 1-5
2.5 Reference to Guidelines 1-5
2.6 Reference to Jabiru Masterplan 1-6
2.7 Ancillary Use and Development 1-6
3.0 Definitions 1-7
PART 2 2-1
4.0 Planning Principles and Framework 2-1
4.1 Jabiru 2-1
PART 3 INDEX OF ZONES 3-1
5.0 Zone Purpose and Tables 3-2
5.1 Zone RJ - Residential 3-2
5.2 Zone CJ – Commercial 3-4
5.3 Zone SCJ – Service Commercial 3-6
5.4 Zone TCJ – Tourist Commercial 3-8
5.5 Zone IJ – Industrial 3-10
5.6 Zone PSJ – Public Open Space 3-12
5.7 Zone ORJ – Organised Recreation 3-14
5.8 Zone CPJ – Community Purposes 3-16
5.9 Zone FDJ – Future Development 3-18
Development Matrix 3-20
PART 4 4-1
6.0 General Performance Criteria 4-1
6.1 General Height Control 4-1
6.2 Plot Ratios 4-1
6.3 Vehicle Parking 4-2
6.3.1 Parking Requirements 4-2
6.3.2 Reduction in Parking Requirements 4-6
6.3.3 Parking Layout 4-6
6.3.4 Vehicle Access and On-site parking for Single Dwellings on Lots less than 600m2 but not less than 300m2 4-8
6.4 Loading Bays 4-8
6.5 Signs 4-9
6.6 Demountable Structures 4-10
6.7 Landscaping and Plant Related Use and Development 4-11
6.8 Restrictions on Development of Land Zoned FDJ 4-12
6.9 Excavation and Fill 4-12
7.0 Residential Development Performance Criteria 4-13
7.1 Residential Density and Height Limitations 4-13
7.1.1 Residential Density Limitations 4-13
7.1.2 Residential Height Limitations 4-14
7.2 Building Setbacks of Residential Buildings and Ancillary Structures 4-15
7.2.1 Building Setbacks of Residential Buildings and Ancillary Structures 4-15
7.2.2 Additional Setback Requirements for Residential Buildings longer than 18m 4-17
7.2.3 Distance Between Residential Buildings on One Site 4-18
7.2.4 Reduced Setbacks for Single Dwellings on Lots less than 600m2 but not less than 300m2 4-19
7.2.5 Reduced Setbacks for Single Dwellings on lots of 600m2 or Greater 4-20
7.3 Private Open Space 4-20
7.4 Communal Open Space 4-22
7.5 Landscaping for Multiple Dwellings, Hostels and Supporting Accommodation 4-22
7.6 Building Design for Multiple Dwellings, Hostels Supporting Accommodation 4-23
7.7 Residential Development in Zone CJ 4-23
7.8 Associated Residential Uses 4-24
7.8.1 Home Based Visitor Accommodation 4-24
7.8.2 Caravans 4-25
7.8.3 Caretaker’s Residence 4-25
7.8.4 Independent Units 4-26
7.8.5 Group Homes 4-27
7.8.6 Home Occupation 4-27
7.8.7 Home Based Contracting 4-28
7.8.8 Medical Consulting Rooms 4-29
8.0 Commercial Use and Development Performance Criteria 4-30
8.1 Commercial Uses 4-30
8.1.1 Shops in Zones IJ and ORJ 4-30
8.1.2 Interchangeable Use Rights in Zone CJ 4-30
8.1.3 Fuel and Vehicle Repair Related Use and Development 4-30
8.1.4 Child Care Centres 4-32
8.1.5 Animal Related use and Development 4-33
8.2 Commercial and other Development in Zones CJ, SCJ, TCJ, ORJ, CPJ and FDJ 4-34
8.3 Setbacks for Commercial uses Adjacent to Land in Zone RJ 4-35
9.0 Industrial Use and Development Performance Criteria 4-36
9.1 Industrial Use 4-36
9.1.1 Industrial Setbacks 4-36
9.1.2 Biosecurity and Contamination Risks of Industry Use and Development 4-37
PART 5 5-1
10.0 Subdivision 5-1
10.1 Subdivision General 5-1
10.1.1 Minimum Lot Sizes and Requirements 5-1
10.1.2 Lots intended for Zone RJ in Greenfield areas 5-1
10.1.3 Subdivision of Land Zoned FDJ 5-2
10.1.4 Subdivision for the Purposes of a Unit Title Scheme 5-2
10.2 Residential Subdivision 5-4
10.2.1 Site Characteristics in Residential Subdivision 5-4
10.2.2 Infrastructure and Community Facilities in Residential Subdivisions 5-4
10.2.3 Lot Size and Configuration in Residential Subdivisions 5-5
10.2.4 Lots less than 600m2 for Single Dwellings 5-6
10.3 Industrial Subdivision 5-7
10.3.1 Site Characteristics in Industrial Subdivisions 5-7
10.3.2 Infrastructure in Industrial Subdivisions 5-7
10.3.3 Lot Size and Configuration in Industrial Subdivisions 5-8
PART 6 6-1
11.0 Transport and Infrastructure 6-1
11.1 Land Adjacent to Main Roads 6-1
11.2 Main Roads 6-1
11.3 Mobile Telephone Communications Towers etc. 6-1
11.4 Utilities 6-2
SCHEDULES
Schedule 1 – Schedule to Clause 2.5 – Reference to Guidelines Schedule 1-i
Schedule 2 – Town of Jabiru Masterplan Schedule 2-i

USER GUIDE TO THE JABIRU TOWN PLAN 2019

INTRODUCTION

The Jabiru Town Plan 2019 applies to the Town of Jabiru, being the land specified as Jabiru town land under section 3AC of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) and if no land has been specified, means the land within the boundaries of the Town of Jabiru as gazetted in NTG G18 on 7 May 1982.

HOW THE JABIRU TOWN PLAN 2019 WORKS

Part 2

of the Jabiru Town Plan 2019 lists a number of what are described as “planning principles”. They are broad expressions of the Northern Territory Government’s commitment to outcomes of land use planning and development control.

Part 2 of the Jabiru Town Plan 2019 lists a number of what are described as “planning principles”. They are broad expressions of the Northern Territory Government’s commitment to outcomes of land use planning and development control.

The Jabiru Town Plan 2019 requires the consent authority to make determinations of development applications in a manner that, if not actively advancing those principles, is consistent with them. The consent authority cannot make a determination that is demonstrably inconsistent with or would frustrate achievement of those principles.

Zoned Land

Zoning maps indicate the type of land use that is preferred in a particular location. The preference is indicated through the zone purpose statement and the zoning table which indicates whether the land use or development is permitted, discretionary or prohibited.

References to a ‘zoning map’ in the Jabiru Town Plan 2019 refer to the Jabiru Zoning Map published as at the date this Town Plan comes into force under the Planning Act 1999 (NT). References to ‘zones’ in the Jabiru Town Plan 2019 are to zones specified in that map. A copy of the Jabiru Zoning Map is available free of charge on the internet or at the offices of the Department of Infrastructure, Planning and Logistics in Darwin, Katherine and Alice Springs (printing charges may apply). Zoning and other site specific information can also be determined by obtaining (upon application) a Planning Certificate, similarly available from the Department and for which a fee is charged.

Having determined the applicable zoning, the simplest way of finding out what, if any, provisions apply to the use or development of land is by reference to the zoning table. On the page facing the table is a description of the purpose of the zone. The table lists a range of uses that are defined by the Jabiru Town Plan 2019 and appear at clause 3.0 Definitions.

For each defined use the zoning table indicates whether the use is:

permitted without the consent of the consent authority;
permissible only with the consent of the consent authority; or
prohibited in a particular zone.

Where a particular control applies to a use or development, that control is listed by clause number in the table and the clause(s) should be read to obtain full information regarding the manner in which the use or development may be undertaken.

Notes may appear in the margin adjacent to the zone purpose and/or a particular clause. These are to assist in cross-referencing related matters within the Jabiru Town Plan 2019. It is useful to review each of the clauses to which the notes refer to ensure a full understanding of the provisions applying to a use or development.

Subdivision

Development consent is required to subdivide land in Jabiru. The Jabiru Town Plan 2019 establishes certain standards for subdivision including minimum lot sizes, general layout, the provision of open space etc. These provisions should be read in conjunction with the requirements of service authorities and the West Arnhem Regional Council that may also have particular requirements relating to their areas of responsibility. Note that the lease of land for a period in excess of 12 years also requires subdivision approval.

Defined Uses

To avoid doubt a range of common land uses and activities, and some other frequently used terms, are individually defined by clause 3.0. Throughout the Jabiru Town Plan 2019 these defined terms appear in bold text. Other than in Zone RJ a use or development that is not, in the opinion of the consent authority, adequately defined by the Jabiru Town Plan 2019 is automatically considered an unspecified discretionary use. This means that, whatever the circumstances, the consent of the consent authority is necessary. In Zone RJ an unspecified use is automatically prohibited.

Capitalised terms are either proper nouns or have the meanings given to them in the Planning Act 1999 (NT). All other words have their ordinary meaning.

Throughout the Jabiru Town Plan 2019, there are a number of references to the laws of the Northern Territory and the Commonwealth of Australia. Those references should be taken to refer to the relevant laws as updated or amended from time to time.

Check List of Issues
Issue	Source of Information
What is the use or development?	See definitions at clause 3.0.
Is the use or development consistent with the planning principles?	See NT planning principles at Part 2.
What is the zone?	See zoning map.
What is the purpose of the zone?	See zone purpose statement opposite the relevant zone table.
What uses are allowed in the zone?	See zone table.
What are the rules for the use or development in a zone?	See clauses specified against the use or development in the zone table. See also any clauses specified in the margin notes.
Are there any restrictions or conditions applying to use or development under Commonwealth environmental law?	See the Environment Protection and Biodiversity Conservation Act 1999 (Cth); Environment Protection and Biodiversity Conservation Regulations 2000 (Cth) and any management plan for the Kakadu National Park in effect from time to time under that Act.

What Happens Next?

If consent is required for the use or development of land an application is made to the consent authority. Applications can be made on the internet through Development Applications Online. A fee is payable for lodging an application.

The consent authority will:

Advertise the proposal in the newspaper and invite interested persons to inspect the application. Unless deemed by the consent authority to be impracticable a sign is erected on the site describing the proposed use or development. Any person can lodge a submission, either objecting to or supporting a proposal. An objection can be to the proposal in its entirety or to one or more elements of the proposal; and
Refer the application to the appropriate service authorities and to the Council for comment.

The consent authority will consider the application in the context of its obligation under the Planning Act 1999 (NT), the provisions of the Jabiru Town Plan 2019, the comments of the service authorities and Council and any submissions. The consent of the consent authority should not be presumed. The consent authority will consider all applications on their individual merit, exercising the discretion afforded it under the Planning Act.

The consent authority may issue a Development Permit, which may have conditions attached to it. It may issue a Notice of Refusal that must include reasons for the refusal. Where a right of appeal exists to a person other than the applicant the consent authority will issue a Notice of Determination.

Div 2

of Part 9 of the Planning Act 1999 (NT) sets out those decisions of a consent authority that may be appealed. An appeal against a determination of the consent authority may be lodged with the NT Civil and Administrative Tribunal within the specified period.

Division 2 of Part 9 of the Planning Act 1999 (NT) sets out those decisions of a consent authority that may be appealed. An appeal against a determination of the consent authority may be lodged with the NT Civil and Administrative Tribunal within the specified period.

Where authorisation for use or development is required under Commonwealth environmental law, application should be made to the Commonwealth Department of the Environment and Energy or Commonwealth Director of National Parks (according to the nature of the authorisation required). Applications can be made on the internet and fees may be payable on lodgement.

Definitions

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Zone Purpose Statement and table

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BACKGROUND TO THE JABIRU TOWN PLAN 2019

Commencement of the Jabiru Town Plan 2019

The Jabiru Town Plan 2019 will come into force following the approval of the town plan as a Specific Planning Scheme under section 8 of the Planning Act 1999 (NT) by the Minister responsible for that Act, and on the day on which that approval is published in a newspaper circulating in the Territory. It is then intended that the Jabiru Town Plan 2019 be adopted as a “town plan” for the purposes of sections 388 and 389 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act), and specifically section 389(3) which allows a town plan to adopt the provisions of any law of the Northern Territory.

The adoption of the Jabiru Town Plan 2019 as a town plan will require the Director of National Parks to approve an instrument pursuant to regulation 11.10 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth) and section 8.2.7 of the Kakadu National Park Management Plan 2016-2026 (Cth) (F2016L00002) that:

Supersedes the existing town plan for Jabiru, being the Jabiru Town Plan 1981 (Cth) (F20009B00160); and
Adopts the Jabiru Town Plan 2019 as the new town plan for Jabiru at the date that the instrument comes into force.

Where the Jabiru Town Plan 2019 is adopted as a town plan pursuant to the process set out above, that town plan will come into force on the day after it is registered on the Federal Register of Legislation in accordance with the Legislation Act 2003 (Cth).

Context

Kakadu National Park was declared under the National Parks and Wildlife Conservation Act 1975 (Cth) in three stages between 1979 and 1991. The park continues as a ‘Commonwealth reserve’ under the EPBC Act and is deemed to have been established for the preservation of the area in its natural condition and the encouragement and regulation of the appropriate use, appreciation and enjoyment by the public.

The cultural and environmental values of Kakadu National Park are summarised in a values statement for the park and reflect aspects of the park that are recognised through World Heritage, Commonwealth Heritage and Ramsar listings. The park is managed with regard to those listings and in accordance with the EPBC Act, including the regulations and management plans made under it. Importantly, Kakadu National Park is inscribed on the World Heritage List created under the Convention Concerning the Protection of the World Cultural and Natural Heritage 1972. The criteria underpinning that listing can be summarised as follows:

Criterion (i): Masterpiece of human creative genius

The rock art sites of Kakadu National Park represent a unique artistic achievement because of the wide range of styles used, the large number and density of sites and the delicate and detailed depiction of a wide range of human figures and identifiable animal species, including animals long-extinct;

Criterion (vi): Directly associated with events or living traditions

The rock art and archaeological record in Kakadu National Park is an exceptional source of evidence for social and ritual activities associated with hunting and gathering traditions of Aboriginal people from the Pleistocene era until the present day;

Criterion (vii): Contains superlative natural phenomena

Kakadu National Park contains a remarkable contrast between the internationally recognised Ramsar–listed wetlands and the spectacular rocky escarpment and its outliers;

Criterion (ix): Outstanding examples of ongoing evolution

Kakadu National Park incorporates significant elements of four major river systems of tropical Australia. The park’s ancient escarpment and stone country span more than two billion years of geological history, whereas the floodplains are recent, dynamic environments, shaped by changing sea levels and big floods every wet season. These floodplains illustrate the ecological and geomorphological effects that have accompanied Holocene climate change and sea level rise; and

Criterion (x): Important habitats for conservation of biological diversity

Kakadu National Park is unique in protecting almost the entire catchment of a large tropical river and has one of the widest ranges of habitats and greatest number of species documented of any comparable area in tropical northern Australia. The park’s large size, diversity of habitats and limited impact from European settlement has resulted in the protection and conservation of many significant habitats and species. The park protects an extraordinary number of plant and animal species including over one third of Australia’s bird species, one quarter of Australia’s land mammals and an exceptionally high number of reptile, frog and fish species. Huge concentrations of waterbirds make seasonal use of the park’s extensive coastal floodplains

As part of Kakadu National Park, the use and development of the Town of Jabiru must not be detrimental to the values of the park, particularly those values for which it was inscribed on the World Heritage List. While the Jabiru Town Plan 2019 has been drafted to be complementary to those values, development within the Town of Jabiru must also take place in accordance with the EPBC Act, the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth), and management plans for the Kakadu National Park in force from time to time under the EPBC Act.

Objective

The objective for the Town of Jabiru is for it to be a world leading, ecologically sustainable, economically and socially vibrant community where traditional Aboriginal culture, all people and the natural environment flourishes. The use and development of the town should be consistent with an integrated approach that is directed to the overall town achieving a high standard of innovation and sustainability through a coordinated commitment to the following goals:

Recognising Mirarr traditional ownership of the land.
Protecting and demonstrating the national park (‘Commonwealth reserve’) status of the town.
Promoting the town as a tourism destination.
Managing natural resources and waste efficiently and sustainably.
Preserving and celebrating the unique indigenous cultural attributes of the town and surrounding lands.
Providing a sound economic base for indigenous employment and enterprise.
Providing for a sustainable long term resident population.
Fostering a vibrant education and research campus.

Town Purpose

The purpose of the Town of Jabiru is to:

provide a world leading, ecologically sustainable, economically and socially vibrant indigenous owned township within the Kakadu National Park;
function and develop as a regional service centre allowing for appropriate sustainable and equitable residential, commercial and community/cultural development, and the provision of appropriate services to residents;
function as a regional centre for the development of indigenous enterprise and employment and for diversification of the regional economy; and
offer a world class research and visitation destination showcasing the indigenous culture and heritage, archaeological significance and environmental biodiversity of the surrounding Park landscape.

Part 1

1.0 Preliminary

1.1 Citation

| | This document is the Specific Planning Scheme relating to the Town of Jabiru and may be cited as the Town Plan. | |

1.2 Application

| | This Town Plan applies to the Town of Jabiru. | |

1.3 Exceptions

| | Unless specified, this Town Plan does not prevent any of the following: (a) the use or development of land: as a road; orfor sport and recreation. (b) the construction, alteration, repair or maintenance of: facilities for the reticulation of water, sewerage, gas or electricity or, subject to clause 11.3, transmission of telecommunications services;stormwater drains; orroads and traffic lights. (c) the strengthening to a safe condition of a building or works; (d) the erection or display of a sign which is: a traffic control or driver advisory guide, service or similar device;displayed under a statutory obligation;on enclosed land or within a building and not readily visible from land outside the enclosure or building;of a temporary nature used to advertise property that is available for rent, lease, sale, auction or inspection subject to clause 6.5;displayed on or inside a vehicle, other than a vehicle which is adapted and exhibited primarily as an advertising sign;an interpretive sign used for describing a place or an item of historical or educational significance; ora public safety advisory sign displayed by a government agency or local authority; (e) the erection, placement or use of a construction site office permitted under the Building Act 1993 (NT); (f) the use or development of land for a period not exceeding 28 days in association with a special community event or festival where management of the event is assisted by a community organisation, education establishment, or recognised religious or charitable organisation, or a department or institutional establishment of the Crown. Any buildings or structures constructed for the purpose are to be removed within the 28 day period. (g) the erection of a shed that: is 6m or more from the primary street and 2.5m or more from a secondary street when measured to the wall of the shed or where there is no wall, the outer face of any column;has a roofed area of 15m2 or less;is 2.5m or less in height;has no openings in walls that are less than 1.5m from a lot or unit title boundary; anddoes not discharge rainwater on an adjacent lot or unit title. (h) a shade sail of 30m2 or less for all non-residential zones. (i) The use or development of land in Zone IJ for the purpose of expansion of an existing use that is not a prohibited use and where the proposed use or development: complies with the standards of Part 4 and 5 of this Town Plan;is a maximum of 200m2 or 15% of the area of the site, whichever is the greater;is not located over a registered easement;is not located over a lot boundary, including over a road reserve;will not inhibit vehicular access to the lot, parking on the lot, or loading and unloading on or from the lot;will not reduce the area of land or buildings allocated to waste management or service vehicle access thereto;is not a demountable structure or a residential building; andis not located on a lot that abuts land that is in Zone RJ. (j) The use or development of land in Zones CJ, SCJ and TCJ for the purpose of expansion of an existing use that is not a prohibited use and where the use or development: complies with the standards of Part 4 and 5 of this Town Plan;is a maximum of 100m2 or 15% of the site, whichever is the greater;is not located over a registered easement;is not located over a lot boundary, including over a road reserve;will not inhibit vehicular access to the lot, parking on the lot, or loading and unloading on or from the lot;will not reduce the area of land or buildings allocated to waste management or service vehicle access thereto;is not a demountable structure or a residential building;will not reduce the area of clear glass or level of transparency of the façade of the existing premises as viewed from the primary street;will not reduce the level of accessibility for people with disabilities; andwill not increase the height of the existing premises. (k) Where it is proposed to construct an extension, ancillary outbuilding, carport, pergola or a shade sail in association with one or more dwellings in a multiple dwelling development in Zone RJ, consent is not required if it: complies with the standards of Part 4 and 5 of this Town Plan;will not allow an increase in the number of dwellings capable of separate occupancy;is contained wholly within the respective unit title and is not on or over a registered easement; andwill not result in an additional storey or an increase in the maximum height of the development. | Clause 11.3 refers to the development of telecommunication facilities. |

2.0 Administration

2.1 Zones

| | The zones referred to in this Town Plan are those shown on the Zoning Map. | |

2.2 Permitted, Discretionary and Prohibited Development

| | Land within a zone may be used or developed only in accordance with the Planning Act 1999 (NT) and this Town Plan.A use or development of land within a zone is permitted without consent if the use or development: (a) is shown on the relevant zoning table as permitted and complies with all the provisions of this Town Plan relating to that use or development in the zone or (b) relates to a lot listed in, and the use or development complies with, Clause 2.6 of this Scheme; 3. A use or development of land within a zone requires consent if any of the following apply in relation to the use or development: (a) it is shown on the relevant zoning table as discretionary; (b) subject to sub-clause 4(a), it is not shown on the relevant zoning table; (c) it does not comply with all the provisions of this Town Plan relating to that use or development within the zone; or (d) a provision of this Town Plan expressly requires consent. 4. A use or development of land within a zone is prohibited if the use or development is: (a) in Zone RJ and is not shown on the relevant zoning table; or (b) shown on the relevant zoning table as prohibited. | The Commonwealth environmental law also regulates the use and development of land in Kakadu National Park including the Town of Jabiru. Specific land tenure arrangements operate in the Town of Jabiru, and additional consent from other authorities may be required prior to commencing a permitted use or development. Clause 2.6 provides specific circumstances for the use and development of land subject to the Masterplan |

2.3 Exercise of Discretion by the Consent Authority

| | In considering an application for consent for a proposed use or development, the consent authority must consider: (a) the proposed use or development in its entirety except in relation to an application to alter or vary a development permit pursuant to sections 43A, 46 or 57 of the Planning Act 1999 (NT); and (b) the potential impact of the proposed use or development on the environmental and cultural heritage values of the Kakadu National Park. 2. Parts 4 and 5 set out the standards that apply to the development of land, subject to sub-clauses 3, 4 and 5. 3. The consent authority may consent to the development of land that does not meet the standards set out in Parts 4 or 5 in circumstances set out in a provision of Parts 4 or 5. 4. The consent authority may consent to the development of land that does not meet the standard set out in Parts 4 or 5 only if it is satisfied that special circumstances justify the giving of consent. 5. The consent authority must not consent to the use or development of land that would have a significant negative impact on the environmental or cultural heritage values of the Kakadu National Park. 6. The consent authority may impose a condition requiring a higher standard of development than is set out in a provision of Parts 4 or 5 if it considers it necessary to do so. | The environmental and cultural values of Kakadu National Park are specified in, and protected under, the Commonwealth environmental law. |

2.4 Subdivision of Land

| | Land may be subdivided or consolidated only with consent and subject to the relevant provisions of Part 5 of this Town Plan. | |

2.5 Reference to Guidelines

| | Applications for a use or development must demonstrate consideration of, and the consent authority must have regard to, any guidelines applicable to the use or development appearing in the schedule to this clause and ensure that a use or development or proposed use or development is consistent with them.Where there is an inconsistency between any applicable guideline and this Town Plan, the provisions of the Town Plan will prevail. | Guidelines referenced in Clause 2.5 are as published at the date this Town Plan comes into force under the Planning Act 1999 (NT), and are available free of charge on the internet, or at the Department of Infrastructure, Planning and Logistics in Darwin, Katherine and Alice Springs (printing charges may apply) |

2.6 Reference to Jabiru Masterplan

| | This clause applies to Lots 932, 942, 944, 945, 947, 948, 949, 956, 960, 959, 2024, part 2025 (that is within Zone SCJ), 2043, 2317, 2328, 2329, 2330, 2304 and part 2353 (that is within Zone CJ), Town of Jabiru, and identified in the Masterplan as being within Precincts 1 – 3.The use or development of land must demonstrate consideration of, and the consent authority must have regard to, the Masterplan at Schedule 2, and ensure that a use or development or proposed use or development is consistent with the Masterplan.The use or development of land must not have a significant detrimental impact on the environmental or cultural values of Kakadu National Park.Until midnight 1 April 2029, the requirements of Part 4 of this Town Plan do not apply to the use or development of land described in subclause 1, if the proposed use or development is: (a) consistent with the Masterplan; and (b) approved by the Jabiru Town Development Authority, the Executive Director of Township Leasing, or any other statutory authority or body having responsibility to oversee and enforce the application of the Masterplan, as the case may be at the time of development; and (c) accompanied by a plan for the provision of trunk infrastructure 5. Notwithstanding subclause 4, all landscaping must only use approved plant species and otherwise be consistent with the Commonwealth environmental law. 6. Where the use or development or proposed use or development is inconsistent with the Masterplan, the provisions of the Town Plan will prevail, including any requirements for consent, and the requirements of Part 4 of this Town Plan will apply. | Clause 3.0 provides a definition of the term “Masterplan” The Commonwealth environmental law also regulates the use and development of land in Kakadu National Park including the Town of Jabiru. The environmental and cultural values of Kakadu National Park are specified in, and protected under, the Commonwealth environmental law The list of plant species maintained by the Director of National Parks is available online from the Director’s website. |

2.7 Ancillary Use and Development

| | Subject to paragraph 3 of this clause, where a use or development of land is permitted without consent, an ancillary use or development which would require consent if proposed as the primary use or development, is also permitted without consent provided it complies with the provisions of the clauses (if any) specified opposite the use or development in the relevant zoning table.Where the ancillary use or development of land would be prohibited if proposed as the primary use or development, the ancillary use or development is permitted only with consent.Where the ancillary use or development of land is a fuel depot, motor repair station, motor body works, service station, or transport terminal, or constitutes general industry, light industry, rural industry, or vehicle sales and hire, the ancillary use or development is permitted only with consent. | |

3.0 Definitions

| | In this Town Plan, unless inconsistent with the context or subject matter: | | | | “abattoir” means premises used for the slaughter and dressing of animals, and includes the processing of meat from such slaughter; | Clause 8.1.5 refers to animal related use and development. | | | “agriculture” means, as a commercial enterprise: (a) the growing of crops, pasture, timber trees and the like, but does not include a plant nursery or horticulture; and (b) the keeping and breeding of livestock; (c) but does not include intensive animal husbandry or stables; | Clause 6.7 refers to landscaping and plant related use and development Clause 8.1.5 refers to animal related use and development. | | | “amenity” in relation to a locality or building, means any quality, condition or factor that makes or contributes to making the locality or building harmonious, pleasant or enjoyable; | | | | “animal boarding” means premises used as a commercial enterprise for the accommodation of domestic animals other than cats; | Clause 8.1.5 refers to animal related use and development. | | | “approved plant species” means a plant species that is: (a) a native species indigenous to Kakadu National Park; or (b) specified on the list maintained by the Director of National Parks as required by the Commonwealth environmental law at the date this Town Plan comes into force under the Planning Act 1999 (NT); | Clause 6.7 refers to landscaping and plant related use and development The list of plant species maintained by the Director of National Parks is available online from the Director’s website. | | | “basement” means a storey either below ground level or that projects no more than one metre above ground level; | See also storey | | | “building setback” means the distance from any lot boundary to a building and shall be measured from all boundaries to: (a) the wall of a residential building; (b) the outer surface of the railings of a balcony or a verandah; (c) the outer surface of any support column of a ground level verandah; and (d) the outer surface of any support column of structures without external walls except that the setback of a shade sail is measured to the outer extremity of the fabric. In the event of a site having frontage to more than one street, the building setback through the corner truncation is measured from the intersection point of the primary street setback and the secondary street setback. | | | | “business sign” means a device using words, letters or images exhibited for the purpose of advertising, announcement or display restricted to the name of the business carried on and the nature of the services or goods available, on the land on which the sign is erected, and includes, where a number of persons are carrying on different businesses on that land, a sign identifying the place; | Clause 6.5 refers. See also promotion sign. | | | “caravan” includes a vehicle registered or eligible for registration within the meaning of the Motor Vehicles Act 1999 (NT) which is designed or adapted for human habitation; | Clause 7.8.2 limits the use of caravans outside caravan parks. | | | “caravan park” means land used for the parking of caravans or the erection or placement and use of tents or cabins for the purpose of providing accommodation; | | | | “caretaker’s residence” means a dwelling which is ancillary to the lawful use of the land on which it is erected and which is used by the caretaker of the land; | Clause 7.8.3 limits the floor area of caretaker’s residences. | | | “car park” means the parking of motor vehicles otherwise than as an ancillary use of land; | Clause 6.3.3 specifies criteria relating to parking layout. | | | “car parking area” means an area set aside or designated for the parking of three or more motor vehicles; | Clause 6.3.3 specifies criteria relating to parking layout. | | | “car parking space” means a space designated for the parking of one motor vehicle; | NT building legislation may require compliance with the Building Code of Australia for the provision of disabled car parks. | | | “child care centre” means premises used for the caring for 6 or more children; | Clause 8.1.4 specifies criteria relating to the use. | | | “common building boundary” means the designated boundary between one lot and an adjoining lot in the same subdivision; | Clause 10.1.2 provides for lots of less than 800m2. | | | “Commonwealth environmental law” means the Environment Protection and Biodiversity Conservation Act 1999 (Cth), the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth), and management plans for the Kakadu National Park in force from time to time under that Act; | | | | “community centre” means a building or part of a building designed or adapted primarily to provide facilities for social, sporting or cultural purposes but does not include premises licensed under the Liquor Act 1978 (NT); | | | | “consent” means the consent of the consent authority within the meaning of the Planning Act 1999 (NT); | | | | “Director of National Parks” means the entity of that name continuing under the Commonwealth environmental law; | | | | “demountable structure” means a building, including transport containers, which is wholly or substantially prefabricated and which is designed to be transported from site to site, but does not include a caravan or transportable module used in conjunction with an education establishment or as a medical clinic or as a construction site office or a prefabricated dwelling; | Clause 6.6 refers to the placement of demountable structures. | | | “domestic livestock” means the keeping, exercising or training, other than as a commercial enterprise, of any of the following: (a) horses or other equine animals; (b) ox, buffalo or other bovine animals; (c) camels; or (d) pigs; | Clause 8.1.5 refers to animal related use and development. | | | “dwelling” means a building, or part of a building, designed, constructed or adapted as a self-contained residence; | | | | “education establishment” means an academy, college, kindergarten, lecture hall, primary or secondary school, technical college or university, but does not include a place of worship; | | | | “floor area” in relation to a building, includes all wall thicknesses of the external walls and all roof areas used as floors, but does not include verandahs, balconies or areas set aside for car parking or access thereto; | See also net floor area. | | | “fully screened’, in relation to a verandah or balcony, means a permanently fixed durable external screen, designed and coloured to blend in with the development to at least 1.7m above floor level, which is no more than 25% transparent and consists of perforated panels or trellis with a maximum of 25% openings or solid translucent panels or louvered slats, which are only able to be opened at 450 angle and do not allow direct overlooking into an adjacent residential building; | | | | “fuel depot” means a depot for the storage or sale of solid, liquid or gaseous fuel, but does not include a service station; | Clause 8.1.3 refers to fuel and vehicle repair related use and development. | | | “general industry” means an industry other than a light industry or a rural industry; | See also industry, light industry and rural industry. Clause 9.1.2 refers to biosecurity and contamination risks of industry use and development | | | “ground level” means the ground surface level that exists on a site prior to the commencement of earth or construction works associated with the development of a building; | Clause 7.1 refers to the measurement of residential building height | | | “group home” means a dwelling: (a) occupied by persons who are not necessarily related and who live together as a single household, with or without paid supervision or care; and (b) where management of the household is assisted by a community organisation, education establishment, or recognised religious or charitable organisation, or a department or institutional establishment of the Crown; but does not include supporting accommodation; | Clause 7.8.5 refers to the operation of the use. | | | “habitable room” means any room of a dwelling other than a bathroom, laundry, toilet, pantry, walk-in wardrobe, corridor, stair, lobby, photographic darkroom, clothes drying room or other space of a specialised nature occupied neither frequently nor for extended periods; | | | | “home based contracting” means the storage on the site of a dwelling of materials and/ or vehicles associated with a business operated by a person resident in the dwelling, but which business does not operate on the site of the dwelling; | Clause 7.8.7 refers to the operation of the use. | | | “home based visitor accommodation” means temporary accommodation provided on the premises of a dwelling by the resident of that dwelling, as a commercial enterprise for persons away from their normal place of residence but does not include a hostel; | Clause 7.8.1 specifies criteria relating to the use | | | “home occupation” means an occupation or profession which is carried on in a dwelling or on the site of a dwelling by a person resident in the dwelling and may include the caring for up to five children including children who reside in the dwelling; | Clause 7.8.6 refers to the operation of the use. | | | “horticulture” means the commercial cultivation of fruit, vegetables, flowers and the like; | See also agriculture. Clause 6.7 refers to landscaping and plant related use and development | | | “hospital” means a building used to provide health services including preventative care, diagnosis, medical and surgical treatment and counselling to persons admitted as in-patients; | | | | “hostel” includes boarding houses, guest houses, lodging houses and other premises used to provide board or lodging with communal toilet, ablution, dining or cooking facilities but does not include bed and breakfast accommodation or a group home; | | | | “hotel” means premises which require a licence under the Liquor Act 1978 (NT) and where, as a principal part of the business, alcoholic beverages are ordinarily sold to the public for consumption on the premises whether or not accommodation is provided for members of the public and whether or not meals are served, but does not include a licensed club, motel or restaurant; | | | | “independent unit” means an ancillary dwelling constructed on the same site as a single dwelling; | | | | “industry” includes the following operations: (a) the carrying out of a process of manufacture whether or not to produce a finished article; (b) the dismantling of an article, machinery or vehicle; (c) the treatment of waste materials; (d) the packaging of goods or machinery; (e) the process of testing or analysis of an article, goods or materials; (f) the storage of goods, equipment or vehicles not in association with any other activity on the site, but not including transport terminal, vehicle sales and hire or warehouse; and if on the same land as any of the operations referred to in paragraphs (a) to (f) above: (g) the storage of goods used in conjunction with or resulting from any of the above operations; (h) the provision of amenities for persons engaged in the operations; (i) the sale of goods resulting from the operations; (j) any work of administration or accounting in connection with an operation; and (k) an industry or class of industry particularly described in this Town Plan; but does not include motor body works, motor repair station or a home occupation; | See also general industry, light industry and rural industry. Clause 9.1.2 refers to biosecurity and contamination risks of industry use and development | | | “intensive animal husbandry” means: (a) the keeping and feeding of animals, including poultry and pigs, in sheds, stalls, ponds, compounds or stockyards; or (b) aquaculture; as a commercial enterprise; | Clause 8.1.5 refers to animal related use and development. | | | “Kakadu National Park” means the ‘Commonwealth reserve’ of that name continuing under the Commonwealth environmental law; | | | | “leisure and recreation” means the provision indoors or outdoors of recreation, leisure or sporting activities and includes cinemas, theatres, sporting facilities and the like as a commercial enterprise but does not include a licensed club or community centre; | | | | “licensed club” means premises used as club rooms which require a licence under the Liquor Act 1978 (NT); | | | | “light industry” means an industry in which the process carried on, the machinery used and the goods and commodities carried to and from the premises on which the industry is sited are not of such a kind as are likely to adversely affect the amenity of the surrounding locality or environment by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil, hazardous substance or otherwise; | See also general industry, industry and rural industry. Clause 9.1.2 refers to biosecurity and contamination risks of industry use and development | | | “Masterplan” means the masterplan for the Town of Jabiru attached to this Town Plan at Schedule 2; | | | | “medical clinic” means a building or place used by one or more medical practitioners, physiotherapists, dentists or persons ordinarily associated with health care, or their employees, but does not include a hospital; | | | | “medical consulting rooms” means a room or suite of rooms on the site of a single dwelling used by a resident of that dwelling for the purposes of his or her work as a medical practitioner, dentist or person ordinarily associated with health care; | Clause 7.8.8 refers to the operation of the use. | | | “mezzanine” means an intermediate floor within a room; | See also storey | | | “motel” means premises wholly or principally used for the accommodation of travellers and the vehicles used by them, whether or not the building is also used to provide meals to the travellers or to members of the general public and whether or not the premises are licensed under the Liquor Act 1978 (NT), but does not include bed and breakfast accommodation; | | | | “motor body works” means premises for repairing the body work of motor vehicles and includes body building, panel beating or spray painting of motor vehicles; | Clause 8.1.3 refers to fuel and vehicle repair related use and development. | | | “motor repair station” means premises used for carrying out repairs to motor vehicles but does not include a motor body works or a transport terminal; | Clause 8.1.3 refers to fuel and vehicle repair related use and development. | | | “multiple dwellings” means a building or group of buildings on a site which individually or collectively contain more than one dwelling (including serviced apartments) but does not include a dependant unit; | Serviced apartments attract a different requirement for car parking. See clause 6.3.1 | | | “NT building legislation” means Northern Territory legislation that controls how structures are planned, built and valued in the Northern Territory, such as but not limited to the Building Act 1993 (NT) and the Building Regulations 1993 (NT); | | | | “net floor area” in relation to a building, includes all the area between internal surfaces of external walls but does not include: (a) stairs, cleaners cupboards, ablution facilities, lift shafts, escalators or tea rooms where tea rooms are provided as a standard facility in the building; (b) lobbies between lifts facing other lifts servicing the same floor; (c) areas set aside as public space or thoroughfares and not used exclusively by the occupiers of the building; (d) areas set aside as plant and lift motor rooms; (e) areas set aside for use of service delivery vehicles; and (f) areas set aside for car parking or access; | See also floor area. | | | “office” means a building or part of a building used for the conduct of administration whether public or otherwise, the practice of a profession, or the carrying on of mercantile, banking, insurance, legal, clerical or similar services, but does not include a home occupation; | | | | “passenger terminal” means premises used as a railway or bus station, airline passenger terminal, hoverport or heliport; | | | | “pergola” is an unroofed open structure constructed at ground level without external walls but may be covered with permeable shade cloth; | | | | “place of worship” means premises used as a church, chapel, mosque, temple, synagogue or place of religious instruction or worship or for the purpose of religious training; | | | | “plant nursery” means premises principally used for the growing and/ or display of plants for sale, whether or not seeds, equipment, soil, sand, rocks, railway sleepers or other associated products are displayed or sold, but does not include the use of land for agriculture or horticulture; | Clause 6.7 refers to landscaping and plant related use and development | | | “primary street” means the street or where there is more than one street, the street with the wider carriageway or that which carries the greater volume of traffic but does not include any street where access is prohibited by the controlling Agency; | See also secondary street | | | “plot ratio” means the floor area divided by the area of the site; | | | | “promotion sign” means a device using words, letters or images exhibited for the purpose of advertising, announcement or display which contains information relating to: (a) goods, services or products not provided, produced or sold; or (b) events or activities which are not carried out; on the land or in the building on which the sign is constructed or erected; | Clause 6.5 refers. See also business sign. | | | “recycling depot” means premises used for the collection, storage or sale of scrap metals, waste paper, rags, bottles or other scrap material or goods, or used for dismantling, storage or salvaging of machinery whether or not parts of them are for sale; | | | | “residential building” means a building or part of a building used or developed or proposed to be used or developed for a caretaker’s residence, group home, hostel, hotel (where the hotel includes accommodation available to members of the public), independent unit, motel, multiple dwellings, single dwelling or supporting accommodation; | Clause 7.1 refers to building heights and clause 7.2 to setback requirements. | | | “restaurant” means premises (other than a shop, or part of a hotel or a motel) in which meals are served to the public whether or not the premises provides a drive-through service or requires a licence under the Liquor Act 1978 (NT); | | | | “retail agricultural stall” means a building used for the display and retail sale of agricultural, market garden or horticultural produce grown on the land on which the building is erected; | Clause 6.7 refers to landscaping and plant related use and development | | | “rural industry” means an industry which involves the treatment, processing or packing of primary products transported to the site where the goods and commodities carried to and from the premises on which the industry is sited are not of such a kind as are likely to adversely affect the amenity of the surrounding locality; | See also general industry, industry and light industry. Clause 6.7 refers to landscaping and plant related use and development Clause 9.1.2 refers to biosecurity and contamination risks of industry use and development | | | “secondary street” means – in the case of a site that has access to more than one public street – the street or streets that are not the primary street; | See also primary street. | | | “serviced apartment” means a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and which is regularly serviced or cleaned by an owner or manager of the building or by an agent of an owner or manager of the building; | | | | “service station” means premises used for the sale by retail of fuels, oils and other products for use in connection with the operation of motor vehicles, whether or not it includes convenience shopping, but does not include a fuel depot, motor repair station or motor body works; | Clause 8.1.3 refers to fuel and vehicle repair related use and development. | | | “shop” means premises used for the display and sale by retail or for hire of goods or services but does not include a restaurant, retail agricultural stall, service station, showroom sales or vehicle sales and hire; | | | | “showroom sales” means the sale or hire in premises of goods of a bulky nature including: (a) furniture, floor coverings, furnishings, household appliances or camping gear; or (b) materials, tools, equipment or machinery for use in industry, commerce, the trades, primary production, medical purposes or party hire; | | | | “single dwelling” means a building containing one dwelling only; | | | | “site” means an area of land, whether consisting of one lot or more, which is the subject of an application to the consent authority; | | | | “sport and recreation” means the use of land for recreation purposes, but does not include such a use which involves commercial transactions, motor sports or activities which, by virtue of the generation of noise or disturbance, will adversely affect the amenity of adjoining land nor does it include leisure and recreation; | Clause 1.3.1(a)(ii) refers. | | | “stables” means premises used for the keeping, exercising or training of horses or other animals of burden but does not include domestic livestock or intensive animal husbandry; | Clause 8.1.5 refers to animal related use and development. | | | “storey” means that part of a building between floor levels. If there is no floor above, it is the part between the floor level and the ceiling. It may comprise an attic, basement or built over area for car parking; | | | | “supporting accommodation” means: (a) a convalescent or nursing home, an orphanage, a children’s home, an institution for poor or disadvantaged persons, or a home for the care of aged persons; or (b) premises used by people moving from their homes or an institution and living for a short time in shared, supporting or rehabilitating accommodation where day-to-day management and operation of the premises is provided by a community organisations or recognised religious or charitable organisation or a department or institutional establishment of the Crown; | | | | “telecommunications facility” means land used to accommodate: (a) any part of the infrastructure of a telecommunications network; or (b) any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or for use, in or in connection with a telecommunications network; | Clause 11.3 refers to the development of telecommunication facilities | | | “transport terminal” means premises used for the: (a) loading, discharge or storage of goods in the course of the transport of those goods by air, road, rail or ship; (b) garaging and basic maintenance of fleet vehicles; or (c) servicing, repair and garaging of buses; | Clause 8.1.3 refers to fuel and vehicle repair related use and development. | | | “vehicle sales and hire” means premises used wholly or principally for the display for sale by retail or for rental of motor vehicles, caravans, trailers, farm machinery or boats but does not include motor body works, motor repair station, a shop or showroom sales; | Clause 8.1.3 refers to fuel and vehicle repair related use and development. | | | “veterinary clinic” means premises used for the medical treatment of animals, whether or not the animals are boarded there as part of the treatment; | Clause 8.1.5 refers to animal related use and development. | | | “warehouse” means premises used for the bulk storage of goods, or the display and sale of goods by wholesale. | |

4.0 Planning Principles and Framework

| | The interpretation of this Town Plan and the determinations of a consent authority must have regard to the planning principles contained in this Part and ensure that a use or development or proposed use or development is consistent with them. | |

4.1 Jabiru

| | The administration of this Town Plan in relation to Jabiru is to: (a) contribute to a built and natural environment supporting the diverse lifestyle and the social, cultural and economic development of Jabiru promoting: safe communities;housing choice;public infrastructure including a coordinated, integrated and efficient transport network;a regional service centre allowing for appropriate residential, commercial, community and cultural development in appropriate localities;orderly and appropriate development of a town within the Kakadu National Park in a manner which is consistent with the Commonwealth environmental law; andbest practice environmental management which conserves and protects the environmental and cultural heritage values of the Kakadu National Park. (b) contribute to the sustainable use and development of land and water resources so that the use and development of land is consistent with the principles of sustainable development and avoids contamination and minimises degradation of the environment or over commitment of water resources; (c) protect the environmental and cultural heritage values of the Kakadu National Park through the provision of and connection to reticulated services for all development, unless otherwise agreed to by the consent authority; (d) protect and promote the development and ongoing operation of public utilities, including sewerage ponds, water storage facilities, electricity transmission and substation facilities, solar arrays, gas pipelines and the like, through the implementation of appropriate separation distances or similar; (e) facilitate the supply of sufficient land for residential, commercial, industrial, recreational, institutional and other public uses so that the subdivision of land is cost effective, equitable and timely and appropriately and sustainably maximises the value of public and private investment in infrastructure; (f) promote a more compact urban form in appropriate locations to maximise infrastructure utilisation and enhance urban liveability; (g) promote urban/ building design which is climatically appropriate, water and energy efficient and contributes to the existing and future character and appearance of an area; (h) ensure development does not unreasonably intrude on or compromise the privacy of adjoining residential uses and ensures its own amenity is not compromised in the future; (i) assist in the conservation of areas and sites of environmental, cultural or heritage value, particularly the environmental and cultural heritage values of the Kakadu National Park; (j) facilitate the further development of the tourist industry capitalising on the Territory’s and Kakadu National Park’s aesthetic, natural and cultural heritage and in a manner which provides world class accommodation and experiences to visitors to the Kakadu National Park; (k) facilitate the development of educational and research facilities capitalising on the Territory’s and Kakadu National Park’s unique aesthetic, natural and cultural heritage attributes; (l) consider flood levels associated with floods and cyclones to minimise risk to life and property; (m) value land for its inherent ecosystem functions in protecting native flora, fauna, soil and water resources, particularly where those functions are part of the environmental and cultural heritage values of the Kakadu National Park; and (n) consider the provision of social infrastructure in order to maintain and enhance the quality of community facilities. | The environmental and cultural values of Kakadu National Park are specified in, and protected under, the Commonwealth environmental law. |

Part 3

PART 3

INDEX OF JABIRU TOWN PLAN 2019 ZONES
Residential Zone A Development Matrix of Jabiru Town Plan 2019 Zones is provided following Clause 5.9.
RJ Residential
Commercial Zones
CJ Commercial
SCJ Service Commercial
TCJ Tourist Commercial
Industrial Zone
IJ Industry
Recreational Zones
PSJ Public Open Space
ORJ Organised Recreation
Other Zones
CPJ Community Purposes
FDJ Future Development
SJ Specific Use
Infrastructure Zones
MJ Main Road
UJ Utilities

5.0 Zone Purpose and Tables

5.1 Zone RJ – Residential

| | The primary purpose of Zone RJ is to provide for a range of housing options to a maximum height of two storeys.The scale, character and architectural style of infill development should be compatible with the streetscape and surrounding development.Non-residential uses or development should be limited to those which predominantly service the local neighbourhood and do not have any detrimental effect on residential amenity. | Undefined uses are prohibited in this zone. See clause 2.2(4). Clause 6.6 states that demountable structures require consent. Clause 6.7 refers to landscaping and plant related use and development. Clause 6.9 refers to excavation and fill. Clause 7.8.2 refers to caravans. Clause 10.1 refers to subdivision and 10.2 to residential subdivision standards. Clause 11.3 refers to the erection of mobile telecommunication structures. |

Zoning Table – Zone RJ
caretaker’s residence x
group home D 7.1, 7.2, 7.8.5
home based visitor accommodation P 6.3, 7.8.1
hostel D 6.1, 6.2, 6.3, 7.1, 7.2, 7.4, 7.5, 7.6
independent unit P 7.1, 7.2, 7.8.4
leisure and recreation x
medical consulting rooms P 6.3 , 7.8.8
multiple dwellings D 6.3, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6
promotion sign x
restaurant x
single dwelling P 6.3, 7.1, 7.2, 7.3
supporting accommodation D 6.3, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6

5.2 Zone CJ - Commercial

| | The primary purpose of Zone CJ is to provide for a range of business and community uses.Development should: (a) be of a scale and character appropriate to the service function of the locality; (b) respect the amenity of adjacent and nearby uses; (c) promote community safety in building design, having regard to adjacent and nearby uses; (d) give ultimate consideration to the primacy of commercial uses that provide interactions with the public domain; (e) provide high quality retails, commercial and residential development; and (f) seek to improve the vibrancy and viability of business and retail developments serving the surrounding community. | Clause 6.6 states that demountable structures require consent. Clause 6.9 refers to excavation and fill. Clause 7.8.2 refers to caravans. Clause 8.0 describes standards for commercial development. Clause 8.1.3 refers to fuel and vehicle repair related use and development. Clause 8.1.5 refers to animal related use and development. Clause 11.3 refers to the erection of mobile telecommunication structures. |

Zoning Table – Zone CJ
caretaker’s residence P 6.3, 7.1, 7.8.3
child care centre D 6.2, 6.3, 8.1.4
community centre D 6.2, 6.3, 8.2
hostel D 6.2, 6.3, 7.2, 7.4, 7.5, 7.6, 7.7, 8.2
hotel D 6.3, 6.4, 8.2, 8.4, 8.6
medical clinic D 6.2, 6.3, 8.2
medical consulting rooms P 6.3, 7.8.8
motel D 6.3, 6.4, 8.2
motor repair station D 6.2, 6.3, 8.1.3
multiple dwellings D 6.3, 7.1, 7.3, 7.4, 7.5, 7.6, 7.7
office D 6.2, 6.3, 6.4, 8.1.2, 8.2
restaurant D 6.2, 6.3, 6.4, 8.1.2, 8.2
service station D 6.2, 6.3, 6.4, 8.1.3, 8.2
shop D 6.2, 6.3, 6.4, 8.1.2, 8.2
showroom sales D 6.2, 6.3, 6.4, 8.2
supporting accommodation D 6.3, 7.3, 7.4, 7.5, 7.6, 7.7
veterinary clinic D 6.2, 6.3, 8.1.5, 8.2

5.3 Zone SCJ – Service Commercial

| | The primary purpose of Zone SCJ is to provide for commercial activities which, because of the nature of their business require large sites. | Clause 6.6 states that demountable structures require consent. Clause 6.9 refers to excavation and fill. Clause 7.8.2 refers to caravans. Clause 8.0 describes standards for commercial development. Clause 8.1.3 refers to fuel and vehicle repair related use and development. Clause 8.1.5 refers to animal related use and development. Clause 9.1.2 refers to biosecurity and contamination risks of industry use and development Clause 11.3 refers to the erection of mobile telecommunication structures. |

Zoning Table – Zone SCJ
caretaker’s residence P 6.3, 7.1, 7.2, 7.8.3
community centre x
education establishment D 6.2, 6.3, 8.2
hostel D 6.2, 6.3, 7.2, 7.4, 7.5, 7.6, 8.2
hotel D 6.2, 6.3, 6.4, 8.2
light industry D 6.2, 6.3, 6.4, 9.1.2
medical clinic D 6.2, 6.3, 8.2
motel D 6.2, 6.3, 6.4, 7.1, 7.2, 8.2
motor body works D 6.2, 6.3, 8.1.3
motor repair station D 6.2, 6.3, 8.1.3
office D 6.2, 6.3, 6.4, 8.2
restaurant D 6.2, 6.3, 6.4, 8.2
service station D 6.2, 6.3, 8.1.3
shop D 6.2, 6.3, 6.4, 8.2
showroom sales D 6.2, 6.3, 6.4, 8.2
supporting accommodation D 6.3, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6
transport terminal D 6.2, 6.3, 6.4, 8.1.3, 8.2
veterinary clinic D 6.2, 6.3, 8.1.5, 8.2
warehouse D 6.2, 6.3, 6.4

5.4 Zone TCJ – Tourist Commercial

| | The primary purpose of Zone TCJ is to provide for uses or development servicing tourism, including commercial and residential activities.Development should be of a scale and character compatible with uses or development nearby. | Clause 6.6 states that demountable structures require consent. Clause 6.9 refers to excavation and fill. Clause 8.0 describes standards for commercial development. Clause 8.1.3 refers to fuel and vehicle repair related use and development. Clause 11.3 refers to the erection of mobile telecommunication structures. |

Zoning Table – Zone TCJ
caravan park D 6.2, 6.3
caretaker’s residence P 6.3, 7.1, 7.2, 7.8.3
child care centre D 6.2, 6.3, 8.1.4, 8.2
community centre D 6.2, 6.3, 8.2
education establishment D 6.2, 6.3, 8.2
hostel D 6.2, 6.3, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 8.2
hotel D 6.2, 6.3, 6.4, 7.1, 7.2, 8.2
medical consulting rooms P 6.3, 7.8.8
motel D 6.3, 6.4, 7.1, 7.3, 8.2
multiple dwellings D 6.3, 7.1, 7.2, 7.3, 7.4, 7.5
office D 6.2, 6.3, 6.4, 8.2
restaurant D 6.2, 6.3, 6.4, 8.2
service station D 6.2, 6.3, 8.1.3
shop D 6.2, 6.3, 6.4, 8.2

5.5 Zone IJ – Industry

| | The primary purpose of Zone IJ is to provide for industrial uses or development activities that will not by the nature of their operations, detrimentally affect adjoining or nearby land.Offices are expected to primarily provide a service to the light industry in the zone and be of a size commensurate with the service provided.Shops are expected to be limited to those that either service the needs of the industry in the zone or would be inappropriate in a commercial zone. | Clause 6.6 states that demountable structures require consent. Clause 6.7 refers to landscaping and plant related use and development. Clause 6.9 refers to excavation and fill. Clause 7.7.2 refers to caravans. Clause 8.1.3 refers to fuel and vehicle repair related use and development. Clause 8.1.5 refers to animal related use and development. Clause 9.0 describes standards for industrial developments. Clause 9.1.2 refers to biosecurity and contamination risks of industry use and development Clause 10.1 refers to subdivision and 10.3 to subdivision design. Clause 11.3 refers to the erection of mobile telecommunication structures. |

Zoning Table – Zone IJ
animal boarding D 6.1, 6.3, 8.1.5, 9.1.1
car park P 6.1, 6.3.3, 9.1.1
community centre D 6.1, 6.3, 9.1.1
education establishment D 6.1, 6.3, 9.1.1
fuel depot D 6.1, 6.3, 9.1.1
general industry D 6.1, 6.3, 6.4, 9.1.1, 9.1.2
leisure and recreation x
light industry D 6.1, 6.3, 6.4, 9.1.1, 9.1.2
motor body works D 6.1, 6.3, 8.1.3, 9.1.1
motor repair station D 6.1, 6.3, 8.1.3, 9.1.1
office D 6.1, 6.3, 6.4, 9.1.1
passenger terminal D 6.1, 6.3, 9.1.1
plant nursery D 6.1, 6.3, 6.7, 9.1.1
recycling depot D 6.1, 6.3, 9.1.1
restaurant D 6.1, 6.3, 6.4, 9.1.1
rural industry D 6.1, 6.3, 6.7, 9.1.1, 9.1.2
service station D 6.1, 6.3, 8.1.3, 9.1.1
shop D 6.1, 6.3, 6.4, 8.1.1, 9.1.1
showroom sales P 6.1, 6.3, 6.4, 9.1.1
transport terminal P 6.1, 6.3, 6.4, 8.1.3, 9.1.1
vehicle sales and hire P 6.1, 6.3, 8.1.3, 9.1.1
veterinary clinic D 6.1, 6.3, 8.1.5, 9.1.1
warehouse P 6.1, 6.3, 6.4, 9.1.1

5.6 Zone PSJ – Public Open Space

| | The primary purpose of Zone PSJ is to provide public areas for recreational activity.Development should be limited to that which is for public use and enjoyment consistent with the recreational opportunities of the land and which has minimal adverse impact (if any) on adjoining or nearby property. | Clause 6.6 states that demountable structures require consent. Clause 6.7 refers to landscaping and plant related use and development. Clause 7.8.2 refers to caravans. Clause 11.3 refers to the erection of mobile telecommunication structures. |

Zoning Table – Zone PSJ
leisure and recreation D 6.1, 6.3
restaurant D 6.1, 6.3, 6.4

5.7 Zone ORJ – Organised Recreation

| | The primary purpose of Zone ORJ is to provide areas for organised recreational activities.Development is to be limited to that which is consistent with the recreational opportunities of the land. | Clause 6.6 states that demountable structures require consent. Clause 6.7 refers to landscaping and plant related use and development. Clause 7.8.2 refers to caravans. Clause 11.3 refers to the erection of mobile telecommunication structures. |

Zoning Table – Zone ORJ
car park D 6.1, 6.3.3, 8.2
leisure and recreation D 6.1, 6.3, 8.2
licensed club D 6.1, 6.3, 6.4, 8.2
office D 6.1, 6.3, 6.4, 8.2
place of worship D 6.1, 6.3, 8.2
restaurant D 6.1, 6.3, 6.4, 8.2
shop D 6.1, 6.3, 6.4, 8.1.1, 8.2

5.8 Zone CPJ – Community Purposes

| | The primary purpose of Zone CPJ is to provide for community services and facilities, whether publicly or privately owned or operated, including facilities for civic and government administration.Design is expected to incorporate landscaping using approved plant species that will enhance the visual appearance of the development.The development of residential accommodation is to only be in association with and ancillary to the primary use of the land. | Clause 6.6 states that demountable structures require consent. Clause 6.7 refers to landscaping and plant related use and development. Clause 6.9 refers to excavation and fill. Clause 7.7.2 refers to caravans. Clause 8.1.5 refers to animal related use and development. Clause 11.3 refers to the erection of mobile telecommunication structures. |

Zoning Table – Zone CPJ
community centre D 6.1, 6.3, 8.2
education establishment D 6.3, 8.2
hospital D 6.3, 6.4, 8.2
leisure and recreation D 6.1, 6.3
medical clinic D 6.1, 6.3, 8.2
passenger terminal D 6.1, 6.3, 8.2
place of worship P 6.1, 6.3, 8.2
recycling depot D 6.1, 6.3, 8.2
restaurant x
supporting accommodation D 6.1, 6.3, 7.2, 7.3, 7.4, 7.5, 7.6
veterinary clinic D 6.1, 6.3, 8.1.5, 8.2

5.9 Zone FDJ – Future Development

| | Zone FDJ is an interim zone identifying an area that is intended for future rezoning and development in accordance with the Masterplan and its purpose is to: (a) limit uses and development within the zone to a level that will not prejudice the future development; and (b) provide for development in accordance with the Masterplan once services are (or can be) made available to the land. 2. Subdivision is not to prejudice the intended ultimate subdivision and future use or development of the land. | Clause 6.6 states that demountable structures require consent. Clause 6.7 refers to landscaping and plant related use and development. Clause 6.8 refers to restrictions on development in Zone FDJ. Clause 6.9 refers to excavation and fill. Clause 8.1.3 refers to fuel and vehicle repair related use and development. Clause 8.1.5 refers to animal related use and development. Clause 10.1 refers to subdivision and 10.1.3 to subdivision in this zone. Clauses 11.2 and 11.3 describe standards for the subdivision of land for urban residential and industrial use. Clause 11.3 refers to the erection of mobile telecommunication structures. |

Zoning Table – Zone FDJ
business sign D 6.5
caravan park D 6.1, 6.3
caretaker’s residence D 6.1, 6.3, 7.2, 7.8.3
car park D 6.1, 6.3.3
community centre D 6.1, 6.3, 8.2
education establishment D 6.1, 6.3, 8.2
group home D 6.1, 7.2, 7.8.5
home based contracting D 7.8.7
home based visitor accommodation P 6.3, 7.8.1
home occupation D 7.8.6
hospital D 6.1, 6.3, 6.4, 8.2
hotel D 6.1, 6.3, 6.4, 8.2
independent unit P 7.1, 7.2, 7.8.4
leisure and recreation D 6.1, 6.3, 8.2
licensed club D 6.1, 6.3, 6.4, 8.2
medical clinic D 6.1, 6.3, 8.2
medical consulting rooms D 6.3, 7.8.8
motel D 6.1, 6.3, 6.4, 7.2, 8.2
multiple dwellings D 6.3, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6
office D 6.1, 6.3, 6.4, 8.2
place of worship D 6.1, 6.3, 8.2
restaurant D 6.1, 6.3, 6.4, 8.2
service station D 6.1, 6.3, 8.1.3, 8.2
shop D 6.1, 6.3, 6.4, 8.2
single dwelling D 6.1, 6.3, 7.2, 7.3
supporting accommodation D 6.1, 6.3, 7.2, 7.3, 7.4, 7.5, 7.6
veterinary clinic D 6.1, 6.3.1, 8.1.5, 8.2

DEVELOPMENT MATRIX RJ CJ SCJ TCJ IJ PSJ ORJ CPJ FDJ
abattoir x x x x x x x x x
agriculture x x x x x x x x x
animal boarding x x x x D x x x x
business sign P P P P P P P P D
caravan park x x x D x x x x D
caretaker’s residence x P P P P P P P D
car park x D D D P x D x D
child care centre x D D D x x D D D
community centre D D x D D D D D D
domestic livestock x x x x x x x x x
education establishment x x D D D x x D D
fuel depot x x x x D x x x x
general industry x x x x D x x x x
group home D x x x x x x x D
home based contracting P x P P x x x x D
home based visitor accommodation P x x x x x x x P
home occupation P P P P P P P P D
horticulture x x x x D D x x D
hospital x x x x x x x D D
hostel D D D D x x x x x
hotel x D D D x x x x D
independent unit P x x D x x x x P
intensive animal husbandry x x x x x x x x x
leisure and recreation x D D D x D D D D
licensed club x D D D x x D x D
light industry x x D x D x x x x
medical clinic x D D x x x x D D
medical consulting rooms P P x P x x x x D
motel x D D D x x x x D
motor body works x x D x D x x x x
motor repair station x D D x P x x x x
multiple dwellings D D x D x x x x D
office x D D D D x D x D
passenger terminal x D D D D x x D x
place of worship x D D D D x D P D
plant nursery x x x x D x x x x
promotion sign x D D D D D D D D
recycling depot x x x x D x x D x
restaurant x D D D D D D x D
retail agricultural stall x x x x x x x x x
rural industry x x x x D x x x x
service station x D D D D x x x D
shop x D D D D x D x D
showroom sales x D D x P x x x x
single dwelling P x x D x x x x D
stables x x x x x x x x x
supporting accommodation D D D x x x x D D
transport terminal x x D x D x x x x
vehicle sales and hire x D D D D x x x x
veterinary clinic x D D x D x x D D
warehouse x x D x P x x x x

6.0 General performance criteria

6.1 General Height Control

1. The purpose of this clause is to ensure that the height of buildings in a zone is consistent with development provided for by that zone.

This clause does not apply within Zone TCJ or to education establishments or hospitals within Zone CPJ.
The height of any point of a building is to be measured from ground level vertically below that point and includes the height of a mound specifically provided or made to elevate the building.
Unless expressly provided by this Town Plan, the height of any part of a building is not to exceed 8.5m above the ground, unless it is:(a) a flag pole, aerial or antenna; or(b) for the housing of equipment relating to the operation of a lift. Clause 7.1 controls the height of dwellings in Zones RJ and CJ. A topographical survey may be required to accurately determine ground level

6.2 Plot Ratios

1. The purpose of this clause is to provide for development that will, in terms of building massing, be compatible with adjacent and nearby development.

Development of sites within Zones CJ, SCJ or TCJ should not exceed a plot ratio of 1.
Sub-clause 2 does not apply to a residential building development other than a hostel. Clause 7.1 controls the height of dwellings in Zones RJ and CJ.

6.3 Vehicle Parking

6.3.1 Parking Requirements

| | The purpose of this clause is to ensure that sufficient off-street car parking, constructed to a standard and conveniently located, is provided to service the proposed use of a site.Subject to clause 6.3.2, if a use or development specified in column 1 of the table to this clause is proposed, the number of car parking spaces (rounded up to the next whole number) required for that use or development is to be calculated in accordance with the formula specified opposite in column 2.If a proposed use or development which is not listed in the table to this clause requires consent, the number of car parking spaces required for that use or development is to be determined by the consent authority.A car parking area is to be designed in accordance with clause 6.3.3 except where the car parking is required in association with a single dwelling and an independent unit. | NT building legislation may require compliance with the Building Code of Australia for the provision of disabled car parks |

Table to Clause 6.3.1
COLUMN 1 COLUMN 2
Use or Development Minimum Number of Car Parking Spaces Required
caravan park 1.1 for every caravan, cabin, mobile home or tent site
caretaker’s residence 1
child care centre 1 for every employeeplus1 for every 20 children
community centre 5 for every 100m2 of net floor area
education establishment For a primary or secondary school:1 for every classroomplus2 additional spacesplusan area for setting down and picking up passengers For a tertiary education establishment:1 for every classroomplus1 for every 6 studentsplus2 additional spaces For a kindergarten: see child care centre For other education establishments:2 for every 100m2 of net floor area
home based visitor accommodation 1 for every guest roomplus2 for the dwelling
hospital 1 for every 4 patient bedsplus4 for every 100m2 of floor area used for administrative purposesplusfor a medical clinic 4 for every consulting room
hostel 1 for every 5 personsplus1 for every staff memberplus1
hotel 16 for every 100m2 of floor area used as a lounge bar or beer gardenplus50 for every 100m2 of floor area used as a barplus10 for a drive-in bottle shop (if any) for cars being served or awaiting serviceplus1 for every guest suite or bedroomplus3 for every 100m2 used for dining
independent unit 1 per bedroom to a maximum of 2
leisure and recreation Indoor spectator facilities including cinema or theatre 1 for every 4 seatsRacquet court games 4 for every courtplusFor indoor spectator facilities (if any) 1 for every 4 seatsLawn bowls 20 spaces per greenGolf course 4 per holeplus5 for every 100m2 of floor area used as a club houseotherwise than specified above, 10 for every 100m of floor areaplusrequirement for indoor spectator facilities (if any) 1 for every 4 seats
licensed club 10 for every 100m2 of floor area used as a lounge area or beer gardenplus20 for every 100m2 of floor area used as a barplus3 for every 100m2 of floor area used for dining
light industry 2 for every 100m2 of floor area other than officesplus4 for every 100m2 of floor area of officeplus1 for every 250m2 used as outdoor storage
medical clinic 4 for every consulting room
medical consulting rooms 3 for every consulting roomplus1 additional space (in addition to the 2 spaces required for the dwelling)
motel 1 for every guest suite or bedroomplus16 for every 100m2 of floor area used as a lounge bar or beer gardenplus3 for every 100m2 of floor area used for dining
motor body works 6 for every 100m2 of floor area
motor repair station 6 for every 100m2 of floor area
multiple dwellings 2 per dwelling
office (not elsewhere referred to in this table) 2.5 for every 100m2 of net floor area
passenger terminal 5 for every 100m2 of net floor area or as many car spaces as can be provided on 25% of the site area whichever results in the greater number of spaces (calculated exclusive of areas used for taxi stands or bus loading purposes)
place of worship 5 for every 100m2 of net floor area
recycling depot 1 for every 100m2 of net floor area other than officesplus4 for every 100m2 of net floor area of officeplus1 for every 250m2 used as outdoor storage
restaurant 6 for every 100m2 of net floor area and any alfresco dining areasplus10 for drive-through (if any) for cars being served or awaiting service
service station 2 for every 100m2 of net floor area or 5 whichever is the greater (not including parking serving bowsers)
serviced apartments 1 for every dwellingplus3 for every 100m2 of net floor area not within a dwelling
shop 6 for every 100m2 of net floor area
showroom sales 4 for every 100m2 of net floor areaplus1 for every 250m2 used as outdoor storage
single dwelling 2
supporting accommodation 1 for every 4 bedsplus4 for every 100m2 of net floor area used for administrative purposes
transport terminal 1 for every 100m2 of net floor area other than officesplus4 for every 100m2 of net floor area of officeplus1 for every 200m2 used as outdoor storage
vehicle sales and hire 4 for every 100m2 of net floor area of officeplus1 for every 200m2 used for vehicle display
veterinary clinic 4 for every 100m2 of net floor area
warehouse 1 for every 100m2 of net floor area other than officesplus4 for every 100m2 of net floor area of officeplus1 for every 250m2 used as outdoor storage

6.3.2 Reduction in Parking Requirements

| | The purpose of this clause is to provide for a use or development with fewer car parking spaces than required by clause 6.3.1.The consent authority may approve a use or development with fewer car parking spaces than required by clause 6.3.1 if it is satisfied that a reduction is appropriate for the use or development, having considered all the following matters: (a) the zoning of the land, the use or development or proposed use or development of the land and the possible future use or development of the land; or (b) the provision of car parking spaces in the vicinity of the land. | |

6.3.3 Parking Layout

| | The purpose of this clause is to ensure that a car parking area is appropriately designed, constructed and maintained for its intended purpose.A car parking area is to be established, used and maintained for the purpose of vehicle parking only.A car parking area is to: (a) be of a suitable gradient for safe and convenient parking; (b) be sealed and well drained; (c) be functional and provide separate access to every car parking space; (d) limit the number of access points to the road; (e) allow a vehicle to enter from and exit to a road in a forward gear; (f) maximise sight lines for drivers entering or exiting the car parking area; (g) be not less than 3m from a road, and the area between the car parking area and the road is to be landscaped with approved plant species designed to lessen the visual impact of the car parking area; (h) be in accordance with the dimensions set out in the diagram to this clause; (i) have driveways with a minimum width of 6m for two-way traffic flow or 3.5m for one way traffic flow; (j) be designed so that parking spaces at the end of and perpendicular to a driveway be either 3.5m wide or so that the driveway projects 1m beyond the last parking space; and (k) incorporate oil/ water separator units where the car parking area has a designed capacity of 50 or more vehicles. | NT building legislation may require compliance with the Building Code of Australia for the provision of disabled car parks. Clause 6.7 refers to landscaping and plant related use and development. |

Diagram to Clause 6.3.3

Diagram to Clause 6.3.3 for Parking Layout of the Jabiru Town Plan

6.3.4 Vehicle Access and On-site Parking for Single Dwellings on Lots less than 600m2 but not less than 300m2

| | The purpose of this clause is to ensure that vehicle access driveways and on-site parking spaces for single dwellings on lots less than 600m2 and not less than 300m2 do not unduly reduce the amenity of a public road or the availability of kerbside vehicle parking in the public road.The on-site parking and its vehicle access from the public road shall be located to ensure that the lot’s street frontage has a minimum continuous length of 6.5 metres without on-site parking or vehicle access within that length.Vehicle access shall be via a single driveway, no wider than 3.5 metres, where required by the table to this clause. | Clause 7.2.3 allows a reduced setback for single dwellings on lots less than 600m2 |

Table to Clause 6.3.4 Clause 10.2.4 refers to subdivision applications and frontage widths for lots less than 600m2.
Range of Lot Size Vehicle Access Driveways
300m2 to less than 450m2 Vehicle access shall be via a single driveway where the boundary to the public road is less than 13m.
450m2 to less than 600m2 Vehicle access shall be via a single driveway where the boundary to the public road is less than 15m.

6.4 Loading Bays

| | The purpose of this clause is to provide for the loading and unloading of vehicles associated with the use of land.A general industry, hospital, hotel, licensed club, light industry, motel, office, restaurant, shop, showroom sales, transport terminal or warehouse use or development on a site must provide areas wholly within the site for loading and unloading of vehicles at the ratio of: (a) if for a general industry, hospital, hotel, licensed club, light industry, motel, showroom sales, transport terminal or warehouse use or development: 1 loading bay for a single occupation of a net floor area of 10 000m2 or less; and1 loading bay for every 5 000m2 of net floor area or part thereof in excess of 10 000m2; or (b) if for an office, restaurant or shop use or development, 1 loading bay for every 2 000m2 of the total net floor area. 3. A loading bay is to: (a) be at least 7.5m by 3.5m; (b) have a clearance of at least 4m; and (c) have access that is adequate for its purpose. | |

6.5 Signs

| | The purpose of this clause is to ensure that business signs and promotion signs on zoned land are of a size and location that minimises detriment to the amenity of the area.For the purposes of this clause, business signs and promotion signs include but are not limited to: (a) signs on a wall or façia; (b) signs erected on poles or pylons that are not part of a building or other structure; (c) illuminated signs; and (d) signs attached to and protruding from a building. 3. The total area of business signs or promotion signs on a site in a zone specified in column 1 of the table to this clause is not to exceed the areas specified opposite in column 2 or if the sign is illuminated, column 3. 4. Illuminated signs are to be no closer than 30m to any residential zone. 5. Signs attached to and protruding from a building are to be at least 2.7m above the ground and are not to extend past the edge of any awning adjacent to a road. | Clause 1.3 1(d) exempts some signs from control under the Town Plan. |

Table to Clause 6.5
Column 1 Column 2 Column 3
Zone Maximum area of signs on a site Maximum area of illuminated signs on a site
RJ 1m2 Prohibited
CJ, SCJ, TCJ The lesser of 25% of any one façade or 20m2 3m2
IJ The lesser of 25% of any one façade or 30m2 5m2
PSJ, ORJ, CPJ 5m2 Prohibited
FDJ 3m2 Prohibited

6.6 Demountable Structures

| | The purpose of this clause is to ensure that demountable structures do not detract from the visual amenity of an area.Placement of a demountable structure on: (a) zoned land requires consent; and (b) land in Zone SCJ, IJ, PSJ, ORJ and CPJ does not require consent if there are no more than two demountable structures on the land. 3. Demountable structures in: (a) zones other than Zone IJ are to be set back from lot boundaries in accordance with the table to this clause; and (b) Zone IJ are to be set back from lot boundaries in accordance with the table to clause 9.1.1 (Industrial Setbacks). 4. Subject to sub-clause 5, the consent authority may only consent to the placement of a demountable structure on land if it is satisfied that: (a) there will be landscaping with approved plant species or architectural embellishments to the demountable structure that will enhance the appearance of the structure; and (b) the demountable structure will be visually consistent with adjoining or nearby development. 5. If the consent authority is satisfied that, because of the proposed use and location of a demountable structure, it is not necessary that sub-clause 3(a) and (b) apply to the demountable structure the consent authority may consent to the placement of it on land without being satisfied as to the matters set out in those paragraphs. | Clause 6.7 refers to landscaping and plant related use and development. |

Table to Clause 6.6 Minimum Building Setbacks for Demountable Structures
Lot Boundary In zones other than IJ
Primary street frontage 6m
Secondary street frontage 2.5m
Side and rear lot boundaries 1.5m

6.7 Landscaping and Plant Related Use and Development

| | The purpose of this clause is to ensure that landscaping on a site complements and enhances the streetscape, is attractive, water efficient and contributes to a safe environment.Landscaping may include provision of paved areas and areas for entertainment and recreational activities. Landscaping should be designed so that: (a) planting is focussed on the area within the street frontage setbacks and communal open space areas and uncovered car parking areas; (b) it maximises efficient use of water and is appropriate to the local climate; (c) species used are, wherever possible, native species of local provenance, and in all instances, approved plant species; (d) it takes into account the existing streetscape, or any landscape strategy in relation to the area; (e) significant trees and vegetation that contribute to the character and amenity of the site and the streetscape are retained; (f) energy conservation of a building is assisted having regard to the need for shade and sunlight at varying times of the year; (g) the layout and choice of plants permits surveillance of public and communal areas; and (h) it facilitates on-site infiltration of stormwater run-off. 4. The quality and extent of the landscaping consented to should be maintained for the life of the development. 5. All landscaping must only use approved plant species and otherwise be consistent with the Commonwealth environmental law. 6. All use or development on a site for a purpose involving the use or cultivation of a plant, including plant nursery and horticulture, must only use approved plant species and otherwise be consistent with the Commonwealth environmental law. | The environmental and cultural values of Kakadu National Park are specified in, and protected under, the Commonwealth environmental law. An authorisation may be required under the Commonwealth environmental law for the bringing of rock, soil, sand, mulch, potting-mix or similar material into Kakadu National Park. The Commonwealth environmental law restricts the taking of plants and firewood into, and cultivation of plants within, Kakadu National Park. |

6.8 Restrictions on Development of Land Zoned FDJ

| | The purpose of this clause is to provide for the development and use of land in Zone FDJ (which would typically be urban development) consistent with the intended future use or development of the land pursuant to the approved Masterplan.Despite anything to the contrary in this Town Plan, where a development permit has been issued for subdivision of land in Zone FDJ, the consent authority may permit development of that land only if: (a) the development is consistent with the intended ultimate zoning; and (b) services (in particular reticulated services including water and sewerage) are, or can be, made available to that land. | Refer Clause 2.6 Clause 5.9 specifies the FDJ zone purpose and table. Clauses 6.1 and 7.1 refer to building heights and dwelling densities. Clause 10.1.1 refers to minimum lot sizes in various zones. Clause 10.1.3 refers to subdivision within Zone FDJ. |

6.9 Excavation and Fill

| | The purpose of this clause is to ensure that the excavation or filling of land: (a) does not adversely affect adjacent land or waters, or the quality of adjacent waterways, and associated riparian areas; and (b) is suited to the intended future use of the site. 2. The excavation or filling of land, other than that normally required in association with the construction of a building, domestic swimming pool, ornamental pond or the like, requires consent. 3. An application for consent to excavate or fill land should: (a) demonstrate the suitability of the site for the proposed future use; (b) include a hydrological assessment of potential upstream and downstream impacts of the excavation or filling; (c) specify a plan of management to control erosion and sedimentation, particularly of creeks and riparian areas; (d) specify measures to prevent the creation of mosquito breeding areas; and (e) any fill material from outside of Kakadu National Park must be consistent with the Commonwealth environmental law. | The environmental and cultural values of Kakadu National Park are specified in, and protected under, the Commonwealth environmental law. An authorisation may be required under the Commonwealth environmental law for the bringing of rock, soil, sand, mulch, potting-mix or similar material into Kakadu National Park. |

7.0 Residential Development Performance Criteria

7.1 Residential Density and Height Limitations

7.1.1 Residential Density Limitations

| | The purpose of this clause is to ensure that residential development is: (a) of a density compatible with the existing and planned provision of reticulated services and community facilities which will service the area; and (b) consistent with land capability having regard to relevant characteristics including but not limited to the drainage, slope, seasonal inundation, landforms or soil characteristics, heritage constraints or noise from aircraft operations. 2. The maximum number of dwellings that may be constructed on a site is to be determined in accordance with the tables to this clause. 3. The consent authority may consent to a development that is not in accordance with sub-clause 2 if it is satisfied that compliance with other aspects of this Town Plan indicates that the density of development is appropriate having regard to the purpose of this clause as set out in sub-clause 1. | Independent units are not to form part of the density calculation for the purposes of Table to Clause 7.1. For clarification on independent units, refer to clause 7.8.4 (Independent Units) |

Table A to Clause 7.1 – Dwelling Density in Zones RJ and FDJ
Zone Dwelling Density
RJ & FDJ 1 single dwelling per lot and may include an independent unit1 multiple dwelling per 300m2 Clause 10.1.2 allows for provision of higher densities of single dwellings within Zone RDJ in green field areas. Clause 10.1 refers to minimum lot sizes and other associated requirements.

Table B to Clause 7.1 – Dwelling Density in Zones CJ & TCJ
Number of Storeys above Ground Level Dwelling Density Clause 7.7 limits residential development at the ground floor level in Zone CJ
1 1 per 400m2
2 1 per 200m2
3 (maximum) 1 per 133m2

7.1.2 Residential Height Limitations

| | The purpose of this clause is to ensure that residential development is of a height that: (a) is compatible with adjoining or nearby existing development or development reasonably anticipated; and (b) does not unduly overlook adjoining properties. 2. The height of any point of a residential building is to be measured from ground level vertically below that point and includes the height of a mound specifically provided or made to elevate the building. 3. The height of a residential building that may be constructed on a site within zones RJ, TCJ, FDJ and CJ is to be determined in accordance with the table to this clause. | Clause 6.1 limits the height of buildings generally. A topographical survey may be required to accurately determine ground level. |

Table to Clause 7.1.2 – Dwelling Height and Maximum Number of Storeys in Certain Zones Clause 7.7 limits residential development on the ground floor in Zone CJ.
Zone Maximum Number of Storeys and Maximum Dwelling Height above Ground Level for Residential Buildings
RJ & FDJ 2 – to a maximum height of 8.5m
CJ & TCJ 3 maximum

7.2 Building Setbacks of Residential Buildings and Ancillary Structures

7.2.1 Building Setbacks of Residential Buildings and Ancillary Structures

| | The purpose of this clause is to ensure residential buildings and ancillary structures are located so: they are compatible with the streetscape and surrounding development including residential buildings on the same site; as to minimise any adverse effects of building massing when viewed from adjoining land and the street; as to avoid undue overlooking of adjoining properties; and as to encourage breeze penetration through and between buildings.In this clause, an ancillary structure includes a carport, garage, pergola, portico, shed and shade sail, and may or may not include external walls.Buildings in Zone IJ are to be sited in accordance with table to clause 9.1.1 (Industrial Setbacks).Residential buildings and ancillary structures are to be set back from lot boundaries in accordance with the relevant table to this clause, and: (a) No part of the roof structure, including gutters and eaves, is to encroach more than 0.9m into the minimum building setbacks from the lot boundaries; and (b) Where a lot has a boundary with a public street from which vehicular access to the lot is prohibited, this boundary shall be considered a side or rear lot boundary for the purpose of calculation of the building setback. | Residential buildings include caretaker’s residence, dependant unit, group home, hostel, hotel, motel, multiple dwellings, single dwelling and supporting accommodation. Clause 10.1.2 relates to common building boundaries in integrated residential developments. NT building legislation may require compliance with the Building Code of Australia for building setbacks. |

Table A to Clause 7.2 – Minimum Building Setbacks for one and two storey Residential Buildings and associated structures in zones other than Zone CJ
Lot Boundary Minimum Setback
Primary street frontage for 1 and 2 storey buildings 6m for residential buildings and 4.5m for verandahs, balconies and structures without external walls or3m for shade sails, to a maximum height of 2.5m at the minimum setback. Clause 2.3 describes the circumstances when the setback requirements of clause 7.2 apply to specific use zones. Setbacks relate to lot boundaries and not unit title boundaries. A structure without external walls includes a carport, pergola, portico and shade sail.
Secondary street frontage for 1 and 2 storey buildings 2.5m for residential buildings and1.5m for verandahs, balconies and structures without external walls or0.9m for shade sails, to a maximum height of 2.5m at the minimum setback
Side and rear lot boundaries for 1 and 2 storey buildings 1.5m, including ancillary structures or1m, provided that the subject wall:
Only includes openings that are either glazed in an opaque material and cannot be opened, or have a sill height of 1.6m or greater;
Does not extend beyond a maximum height of 3.5m; and
Does not extend beyond a maximum length of 9m.and0.9m for shade sails, to a maximum height of 2.5m at the minimum setback.

Table B to Clause 7.2 Minimum Building Setbacks for Residential Buildings over two storeys in height and associated structures in Zone TCJ
Lot Boundary Minimum Setback
Primary street frontage for 1 and 2 storey buildings 7.5m for residential buildings including verandahs, balconies and ancillary structures with external walls and 4.5m for structures without external walls Clause 2.3 describes the circumstances when the setback requirements of clause 7.2 apply to specific use zones. Setbacks relate to lot boundaries and not unit title boundaries. A structure without external walls includes a carport, pergola, portico and shade sail.
Secondary street frontage for 1 and 2 storey buildings 2.5m for residential buildings including verandahs, balconies and ancillary structures with external walls and1.5m for ancillary structures without external walls
Side and rear lot boundaries for 3 storey buildings 1.5m for:
Non-habitable rooms;
Habitable rooms without windows and/ or doors facing the subject boundary;
Verandahs and/ or balconies where the side of the verandah or balcony is fully screened to the subject boundary;
Residential buildings that share a boundary with land in Zone PSJ (Public Open Space); and
Ancillary structures, whether with or without external walls, including shade sails.3m for:
Habitable rooms with windows and/ or doors facing the subject boundary; and
Verandahs and/ or balconies facing the subject boundary.

7.2.2 Additional Setback Requirements for Residential Buildings longer than 18m

| | The purpose of this clause is to ensure residential buildings respond to the potential adverse effects of building massing and visual bulk when viewed from adjoining land and theFor residential buildings other than single dwellings, that are longer than 18m, there are setback requirements additional to those outlined in the tables to Clause 7.2 as follows: For each additional 3m or part thereof in building length over 18m, an additional building setback to the affected boundary of 0.5m. 3. The length of the building excludes verandahs, balconies, carports and porticos that are integrated in to the residential building design and are fully open to affected boundaries. 4. No part of a residential building is required to exceed a building setback of 10.5m from any boundary. 5. The consent authority may consent to a development that is not in accordance with sub-clause 2 if it is satisfied that the design of the development adequately mitigates the adverse effects of building massing and visual bulk that may arise from non-conformity with sub-clause 2. | Setbacks relate to lot boundaries and not unit title boundaries. |

7.2.3 Distance Between Residential Buildings on One Site

| | The purpose of this clause is to ensure residential buildings are located: (a) So they are compatible with the streetscape and surrounding development including residential buildings on the same site; (b) To minimise any adverse effects of building massing when viewed from adjoining residential buildings, associated private open space and the street; and (c) To avoid undue overlooking of adjoining residential buildings and associated private open space. 2. Where more than one building comprising one or two storey residential buildings is located on a site the distance between buildings is to be calculated in accordance with Table A to Clause 7.2 as if there was a boundary between the buildings; 3. Where more than one building comprising residential buildings that exceeds two storeys in height is located on a site the distance between buildings is to be a minimum of: (a) 3m for walls to non-habitable rooms and habitable rooms without windows or doors; and (b) 4.5m for walls with windows or doors to habitable rooms or to a verandah or balcony. | |

7.2.4 Reduced Setbacks for Single Dwellings on Lots less than 600m2 but not less than 300m2

| | The purpose of this clause is to allow single dwellings on lots less than 600m2 but not less than 300m2 to maximise design opportunities without unduly impacting on adjacent development.Despite the Table to Clause 7.2, a single dwelling subject to this clause may, in accordance with the table to this clause, have a zero building setback to a side boundary, providing: (a) That boundary is internal to the subdivision that created the lot; and (b) That lot was created after the inclusion of this clause to the Town Plan. 3. Any part of a dwelling utilising a zero building setback shall have its external wall erected to the boundary with no gap. 4. Despite the Table to Clause 7.2, a single dwelling on a lot subject to this clause may, in accordance with the table to this clause, have a reduced front setback to habitable rooms only, providing: (a) The area of the reduction is to allow an equal increase to the minimum provision of compliant private open space in accordance with clause 7.3; (b) That any non-habitable structure, such as a garage or carport, shall have a front setback no less than 6m; and (c) A landscaped area using approved plant species is included along the front boundary that will provide visual amenity to the public road. | Clause 6.3.4 refers to on-site parking and vehicular access for lots less than 600m2 in some circumstances. Clause 6.7 refers to landscaping and plant related use and development |

Table to Clause 7.2.3
Lot Size Building Setbacks
300m2 to less than 450m2 A zero building setback is permitted to no more than one side boundary of the lot.The front building setback may be reduced to no less than 3m subject to the provisions of sub-clause 4. Clause 6.3.4 refers to on-site parking and vehicular access for lots less than 600m2
450m2 to less than 600m2 A zero building setback is permitted to one side boundary of the lot where a 3m setback is provided to the other side boundary.The front building setback may be reduced to no less than 3m subject to the provisions of sub-clause 4.

7.2.5 Reduced Setbacks for Single Dwellings on lots of 600m2 or Greater

| | The purpose of this clause is to allow single dwellings on lots of 600m2 or greater in a residential zone to respond to site constraints and to provide an articulated built form when viewed from the street.Despite Table A to Clause 7.2, a single dwelling subject to this clause may have habitable rooms with a primary street setback reduced to no less than 4.5m providing: (a) The area of reduced setback is offset by an equal area with an increased setback; (b) The setback increase is equal in dimension to the setback reduction; and (c) The area of increased setback is at least 3m from the nearest side or secondary street boundary. | |

7.3 Private Open Space

| | The purpose of this clause is to extend the function of a dwelling and enhance the residential environment by ensuring that each dwelling has private open space that is: (a) of an adequate size to provide for domestic purposes; (b) appropriately sited, permeable and open to the sky; and (c) inclusive of areas of deep soil for shade street planting. 2. Private open space areas should: (a) satisfy the minimum area, dimensions and open to the sky requirements contained in the table to this clause; (b) be directly accessible from the dwelling and enable an extension of the function of the dwelling; (c) be permeable and open to the sky. 3. Private open space on lots that are 600m2 should: (a) be sufficiently permeable to allow stormwater infiltration and lessen stormwater runoff from the site; (b) include at least one area of approximately 5m2 for the deep soil planting of shade trees comprising approved plant species; and (c) allow for landscaping using approved plant species at the property frontage to complement the visual amenity of the streetscape. 4. Where the private open space is at ground level and other than for a single dwelling, or a single dwelling and associated independent unit, it should be: (a) screen fenced to a height of at least 1.8m, providing a visual barrier to adjoining residences and public areas; or (b) fenced to a height of at least 1.8m and planted with dense vegetation comprising approved plant species which will provide a visual barrier within two years of planting. 5. The location of private open space should take in to account views from the site, the natural features of the site and the location of any private open space or habitable room associated with neighbouring dwellings. 6. If a dwelling within a multiple dwelling development has no direct access at ground level to private open space, compliance with sub-clauses 2(c) and 3 is not required providing the multiple dwelling development incorporates communal open space. 7. The consent authority may approve an application for a multiple dwelling development comprising serviced apartments in Zone TCJ that is not in accordance with sub-clauses 2 and 3 only if it is satisfied that the communal open space and communal facilities will adequately meet the activity needs of residents. | Clause 6.7 refers to landscaping and plant related use and development Clause 7.4 refers to communal open space. |

Table to Clause 7.3 Minimum Areas of Private Open Space
Type of Dwelling Private Open Space Areas (exclusive of driveways and parking areas)
Single dwellings on a lot of less than 600m2 50m2 (exclusive of driveways and parking areas) but inclusive of an area with minimum dimensions of 6m x 6m
independent unit For the single dwelling 50m2 (exclusive of driveways and parking areas) but inclusive of an area with minimum dimensions of 6m x 6m;And For the independent unit 45m2 (exclusive of driveways and parking areas) but inclusive of an area with minimum dimensions of 5m x 5m;
multiple dwellings (for each dwelling with direct ground level access) 45m2 (exclusive of driveways and car parking areas) but inclusive of an area with minimum dimensions of 5m x 5m
multiple dwellings (for each dwelling without direct ground level access) 12m2 inclusive of an area with minimum dimensions of 2.8m x 4m

7.4 Communal Open Space

| | The purpose of this clause is to ensure that suitable areas for communal open space are provided for hostels, multiple dwellings and supporting accommodation.This clause does not apply to multiple dwelling developments in which each dwelling has direct and independent access to private open space at ground level.A minimum of 15% of the site, being not less than 6m wide at any point, is to be communal open space.The design of the communal open space should consider: (a) the overall dwelling density proposed for the site; (b) the proximity and quality of alternative private or public open space; (c) the need to clearly distinguish communal open space from private and public open space and the need to maintain the reasonable privacy of nearby dwellings; (d) the type of activities provided for; (e) the projected needs of children for outdoor play; (f) the provision of landscaping using approved plant species and shade; (g) safety issues including lighting and informal surveillance; (h) on-site traffic circulation; and (i) future maintenance and management requirements. 5. The consent authority may approve an application for a multiple dwelling development comprising serviced apartments in Zone TCJ that is not in accordance with sub-clause 3 only if it is satisfied that the private open space associated with each dwelling provides appropriate opportunities for outdoor activities. | Clause 7.5 refers to landscaping for multiple dwellings, hostels and supporting accommodation. Clause 6.7 refers to landscaping and plant related use and development. |

7.5 Landscaping for Multiple Dwellings, Hostels and Supporting Accommodation

| | The purpose of this clause is to ensure that landscaping for hostels, multiple dwellings, and supporting accommodation complements and enhances the streetscape, is attractive and pleasant and contributes to a safe environment.Other than in Zones CJ and TCJ, not less than 30% (which may include communal open space) of a site that is used for hostels, multiple dwellings and supporting accommodation is to be landscaped using approved plant species. | Clause 6.7 refers to landscaping and plant related use and development. Clause 7.4 refers to communal open space. |

7.6 Building Design for Multiple Dwellings, Hostels and Supporting Accommodation

| | The purpose of this clause is to promote site-responsive designs for hostels, multiple dwellings and supporting accommodation which are pleasant for the occupants and do not unreasonably affect the use and enjoyment of adjacent land.Building design should: (a) locate development on the site for correct solar orientation; (b) minimise expanses of walls by varying building heights, building setbacks and façades; (c) locate air conditioners where they are accessible for servicing; (d) conceal service ducts, pipes, air conditioners, air conditioning plants etc.; (e) avoid overlooking of private open spaces and habitable rooms of adjacent residences on the same and adjacent sites; (f) locate bedrooms and private open spaces away from noise sources; (g) control its own noise sources and minimise the transmission of noise between dwellings; (h) where close to high noise sources (such as busy roads and airport flight paths), be of appropriate acoustic design and construction; (i) balance the achievement of visual and acoustic privacy with passive climate control features; (j) allow breeze penetration and circulation; (k) minimise use of reflective surfaces; and (l) provide internal drainage of balconies and coving on the edge of balconies. | |

7.7 Residential Development in Zone CJ

| | The purpose of this clause is to ensure residential development on a site in Zone CJ does not prejudice the use or development of the site for commercial or retail activity in accordance with the purpose of the zone.A site in Zone CJ is only to be used or developed for a residential building where the development includes, on the ground floor, occupancies for commercial activity of a floor area that is consistent with the service function of the site.The consent authority must not consent to development that is not in accordance with this clause. | |

7.8 Associated Residential Uses

7.8.1 Home Based Visitor Accommodation

| | The purpose of this clause is to ensure that home based visitor accommodation does not detract from the amenity of the locality and primary purpose of the zone in which the use is established. Home based visitor accommodation: (a) Is provided on the premises of a dwelling; (b) May not operate if the dwelling is a multiple dwelling; (c) May only operate on a lot with an area of at least 600m2; (d) May not accommodate more than six guests at a time on the premises; (e) May only occur if the person or persons operating the use reside on the premises; (f) May only display a business sign that is not more than 0.5m2 in area; (g) Must provide all car parking spaces on-site; and (h) Must provide one car parking space for every guest room and two car parking spaces for the residents of the dwelling. 3. Despite anything to the contrary in this Town Plan, a car parking area provided for home based visitor accommodation should be designed to: (a) Be of a suitable gradient for safe and convenient parking; (b) Be sealed and well drained; and (c) Be functional in design to allow for safe traffic movement and may include tandem parking where one car parks behind another. 4. The consent authority may approve an application for home based visitor accommodation that accommodates more than six guests only if it is satisfied the use is appropriate to the site having regard to the potential impact of the use on the residential amenity of adjoining and nearby property and where the combined total number of residents and guests is no more than twelve. 5. The consent authority may approve an application for home based visitor accommodation that is not in accordance with sub-clauses 3(e), 3(f), 3(g), 3(h) and 4, only if it is satisfied the proposed home based visitor accommodation is appropriate to the site having regard to the amenity and character of the street and the potential impact of the use on the residential amenity of adjoining and nearby property. | NT building legislation may require compliance under the Building Code of Australia for the types of suitable buildings for home based visitor accommodation. |

7.8.2 Caravans

| | The purpose of this clause is to restrict the use of caravans on land other than land zoned TCJ or FDJ.Other than in Zones TCJ or FDJ land may be used to provide accommodation in a caravan where the caravan is the only caravan used as a residence on the site and is used: (a) as a temporary residence by the owner of the site; (b) by a dependent of a person occupying a single dwelling on the site; (c) temporarily by a bona fide visitor; or (d) by a bona fide caretaker of the land. 3. In this clause, “caravan” includes a tent. 4. The consent authority may approve an application for a caravan that is not in accordance with sub-clause 2 only if it is satisfied the proposed caravan is appropriate to the site having regard to the potential impact of the caravan on the residential amenity of adjoining and nearby property. | |

7.8.3 Caretaker’s Residence

| | The purpose of this clause is to ensure that: (a) a caretaker’s residence is not the primary use of the land; and (b) the caretaker’s residential use does not prejudice the use of the site or adjoining land in accordance with its zoning. 2. A building or part of a building may be used, constructed or modified for use as a caretaker’s residence where: (a) the floor area of the caretaker’s residence does not or will not exceed 50m2; and (b) there is or will be only one caretaker’s residence on the site. 3. The consent authority may approve an application for a caretaker’s residence that is not in accordance with sub-clause 2 only if it is satisfied the proposed caretaker’s residence is appropriate to the site having regard to the potential impact of the caretaker’s residence on adjoining and nearby property. | |

7.8.4 Independent Units

| | The purpose of this clause is to ensure than an independent unit does not detrimentally impact on the amenity of adjoining and nearby property and remains ancillary to the single dwelling on a site.An independent unit may be developed on a site provided: (a) There will be no more than two dwellings on the site; (b) The maximum floor area of the independent unit does not exceed 50m2; (c) There is only one vehicle access point to the road, unless the relevant authority has approved a second access; (d) Both dwellings will be connected to reticulated sewerage; (e) Both dwellings will be connected to a reticulated water supply; and (f) Both dwellings will be serviced by a single connection to a reticulated power supply. 3. The consent authority must not consent to an independent unit that is not in accordance with sub-clauses 2(a), 2(d), 2(e) and 2(f). 4. The consent authority may approve an application for an independent unit that is not in accordance with sub-clause 2(b) only if it is satisfied the proposed independent unit is appropriate to the site having regard to the potential impact of the independent unit on the amenity of adjoining and nearby properties. | |

7.8.5 Group Homes

| | The purpose of this clause is to ensure group homes are appropriately located and the number of occupants is unlikely to cause detriment to the residential amenity of the locality.A group home may be established where: (a) the dwelling is suitable for the use; (b) no greater demand or load is imposed on the services provided by a public utility organisation than that which is ordinarily required in the locality; and (c) there are no more than 12 persons resident in the group home. 3. The consent authority may approve an application for a group home that is not in accordance with sub-clause 2 only if it is satisfied the proposed group home is appropriate to the site having regard to the potential impact of the group home on the residential amenity of adjoining and nearby property. | |

7.8.6 Home Occupation

| | The purpose of this clause is to ensure that home occupations are established and operated in a manner that does not detract from the residential amenity of the locality.A dwelling may be used for the purpose of a home occupation where: (a) the occupation or profession is carried out only by persons residing in the dwelling; (b) the total of the floor area of the dwelling plus the other areas of the site that are used for the home occupation (including areas used temporarily) does not exceed 30m2; (c) no greater demand or load is imposed on the services provided by a public utility organisation than that which is ordinarily required in the locality; (d) no sign is displayed, other than a business sign that is not more than 0.5m2 in area; (e) no goods or equipment are visible from outside the site; and (f) not more than one vehicle kept on the site is used for the purpose of the home occupation. 3. The consent authority may approve an application for a home occupation that is not in accordance with sub-clause 2 only if it is satisfied the proposed home occupation is appropriate to the site having regard to the potential impact of the home occupation on the residential amenity of adjoining and nearby property. | |

7.8.7 Home Based Contracting

| | The purpose of this clause is to ensure that home based contracting is established and operated in a manner that does not detract from the amenity of the locality.A site of a dwelling may be used for the purpose of home based contracting: (a) in Zone FDJ where: the total area of the site that is used for the home based contracting (including areas used temporarily) does not exceed 200m2;no greater demand or load is imposed on the services provided by a public utility organisation than that which is ordinarily required in the locality;no sign is displayed, other than a business sign that is not more than 0.5m2 in area;no goods or equipment are visible from outside the site; andnot more than three vehicles kept on the site are used for the purpose of the home based contracting; or (b) in any other zone: the total area of the site that is used for the home based contracting (including areas used temporarily) does not exceed 30m2;no greater demand or load is imposed on the services provided by a public utility organisation than that which is ordinarily required in the locality;no sign is displayed, other than a business sign that is not more than 0.5m2 in area;no goods or equipment are visible from outside the site; andnot more than one vehicle kept on the site is used for the purpose of the home based contracting. 3. The consent authority may approve an application for a home based contracting that is not in accordance with sub-clause 2 only if it is satisfied the proposed home based contracting is appropriate to the site having regard to the potential impact of the home based contracting on the residential amenity of adjoining and nearby property. | |

7.8.8 Medical Consulting Rooms

| | The purpose of this clause is to ensure that medical consulting rooms are established and operated in a manner that does not detract from the amenity of the locality.Medical consulting rooms may be established and operated where: (a) the service is carried out only by persons residing in the dwelling and not more than one person who does not reside in the dwelling; (b) the total area used for the medical consulting rooms (including areas used temporarily) does not exceed 30m2; (c) no greater demand or load is imposed on the services provided by a public utility organisation than that which is ordinarily required in the locality; and (d) no sign is displayed, other than a business sign that is not more than 0.5m2 in area. 3. The consent authority may approve an application for medical consulting rooms that is not in accordance with sub-clause 2 only if it is satisfied the proposed medical consulting rooms is appropriate to the site having regard to the potential impact of the medical consulting rooms on the residential amenity of adjoining and nearby property. | |

8.0 Commercial Use and Development Performance Criteria

8.1 Commercial Uses

8.1.1 Shops in Zones IJ and ORJ

| | The purpose of this clause is to facilitate retailing of a nature and intensity servicing only the needs of the zones in which the shop is located.In Zones IJ and ORJ, the net floor area of a shop is not to exceed 200m2. | |

8.1.2 Interchangeable Use Rights in Zone CJ

| | The purpose of this clause is to permit the change between the nominated uses of premises within Zone CJ without consent.Where land is zoned CJ, premises that are lawfully used for the purposes of a restaurant or shop, may shift between any of these uses: (a) leisure and recreation; (b) licensed club; (c) an office; (d) restaurant; or (e) shop without further consent provided that the parking requirement under Clause 6.3 does not increase, or sufficient additional on-site car parking is provided in accordance with Clause 6.3.1 and Clause 6.3.3 to meet any increased requirement. | |

8.1.3 Fuel and Vehicle Repair Related Use and Development

| | The purpose of this clause is to ensure that fuel and vehicle repair related use and development does not unreasonably affect the use and enjoyment of adjacent land, or the environment, because of appearance, the emission of fumes or noise, or the leakage of hazardous substances. This clause applies to the use and development of land for: (a) fuel depot; (b) motor repair station; (c) motor body works; (d) service station; (e) transport terminal; and (f) vehicle sales and hire. 3. The use or development of land subject to this clause must demonstrate the suitability of the site for the proposed future use, including: (a) identification of potential impacts on watercourses and riparian areas; (b) an assessment of the degree of groundwater vulnerability to contamination by hazardous substances, including the soil permeability, groundwater level and direction of ground and surface water flow at the site; (c) appropriate management of hazardous substances; and (d) that the use or development will not cause contamination or any other detrimental impact upon human health or the environmental values of Kakadu National Park. 4. A site may be developed for a service station or fuel depot only where: (a) fuel bowsers and any motor repair station associated with the service station or fuel depot, are located at least 20m from any residential or commercial development and visually screened from that development; (b) fuel bowsers are not closer than 3m to the edge of a road reserve; (c) the design of the site is such that: vehicular access and egress does not create a traffic hazard on adjacent roads;vehicular crossings of the footpath are not more than 9m wide, nor closer than 6m to another vehicular crossing and not closer than 15m to a road intersection; andinlets to bulk fuel storage tanks are situated so that tankers discharging fuel stand wholly within the site. | The environmental and cultural values of Kakadu National Park are specified in, and protected under, the Commonwealth environmental law. NT building legislation may require compliance with specific Australian Standards for the storage and handling of flammable and combustible liquids, LP Gas, gasses and cylinders, and response guidelines and procedures, for the use and development of service station, fuel depot, motor repair station, motor body works, transport terminal and/or vehicle sales and hire |

8.1.4 Child Care Centres

| | The purpose of this clause is to ensure that child care centres are appropriately and conveniently located, appropriately designed and do not detract from the amenity of the area.A child care centre should: (a) be capable of accommodating: 7m2 of outdoor play space for each child and 3.25m2 of indoor play space for each child;associated vehicle access, parking and manoeuvring; andlandscaping using approved plant species and any necessary screening; (b) be located: adjacent to or within other community facilities such as shopping centres, schools and health services;at or near the entrance to a residential suburb; orin or near employment areas; and (c) have vehicular access from a road other than from an arterial road. 3. If a child care centre is located adjacent to residential land: (a) the development is to be set back and screened in accordance with the requirements of Clause 8.3; and (b) the design of the centre is to take account of the noise impact on an adjacent dwelling by either locating outdoor play space away from the common boundary or by including appropriate screening. | The Education and Care Services (National Uniform Legislation) Act 2011 (NT) regulates the operation of child care centres. Clause 6.7 refers to landscaping and plant related use and development. |

8.1.5 Animal Related Use and Development

| | The purpose of this clause is to minimise the adverse effect of animal related activities on the environment and to ensure that those activities do not detract from the amenity of the locality. Premises for the keeping of animals for the purposes of animal boarding and veterinary clinic should be designed and operated so as not to cause or allow any of the following: (a) the creation of a risk of contamination of ground and surface waters; (b) contribution to the erosion of the site or other land; (c) detriment to the amenity of the locality by reason of excessive noise, offensive odours, excessive dust or the attraction of flies, vermin or otherwise; (d) the creation of a risk of the spread of infectious disease or other health risk; or (e) interference with, or disturbance of, wildlife within Kakadu National Park, including by animals that may have escaped from the site. 3. All use or development on a site involving animals must be consistent with the requirements of the Commonwealth environmental law. | The environmental and cultural values of Kakadu National Park are specified in, and protected under, the Commonwealth environmental law. The Commonwealth environmental law regulates the number and species of animals within the Town of Jabiru. |

8.2 Commercial and other Development in Zones CJ, SCJ, TCJ, ORJ, CPJ, and FDJ

1. The purpose of this clause is to promote site-responsive designs of commercial, civic, community, recreational, tourist and mixed-use developments which are attractive and pleasant and contribute to a safe environment.

The design of buildings subject to this clause should:(a) preserve vistas along streets to buildings and places of architectural, landscape or cultural significance;(b) be sympathetic to the character of buildings in the immediate vicinity;(c) minimise expanses of blank walls;(d) add variety and interest at street level and allow passive surveillance of public spaces;(e) maximise energy efficiency through passive climate control measures;(f) control on-site noise sources and minimise noise intrusion;(g) conceal service ducts, pipes, air conditioners, air conditioning plants etc.;(h) minimise use of reflective surfaces;(i) provide safe and convenient movement of vehicles and pedestrians to and from the site; (j) provide convenient pedestrian links (incorporating access for the disabled) to other buildings and public spaces;(k) provide protection for pedestrians from sun and rain;(l) provide for loading and unloading of delivery vehicles and for refuse collection;(m) provide landscaping using approved plant species to reduce the visual impact and provide shade and screening of open expanses of pavement and car parking;(n) provide facilities, including public toilets, child minding facilities, parenting rooms and the like where the size of the development warrants such facilities; and(o) provide bicycle access, storage facilities and shower facilities.3. A development application must, in addition to the matters described in sub-clause 2, demonstrate consideration of, and the consent authority is to have regard to, the Community Safety Design Guide published as at the date this Town Plan comes into force. . See clause 2.5

8.3 Setbacks for Commercial Uses Adjacent to Land in Zone RJ

| | The purpose of this clause is to protect the visual and acoustic amenity of residential buildings where they are adjacent to non-residential uses.A use or development or proposed use or development that is: (a) not a residential building; (b) on land that is in a zone other than Zone RJ; and (c) abuts land in Zone RJ; must provide a setback to the boundary that abuts any of those zones of not less than 5m. 3. The setback described in sub-clause 2 is to be landscaped using approved plant species to provide a visual screen to the adjacent land Zoned RJ for a minimum depth of 3m. 4. The development should provide a solid screen fence of a minimum height of 1.8m at the boundary with land in Zone RJ. 5. The consent authority must not consent to a development that is not in accordance with sub-clause 3, except where the development is for the purpose of a child care centre. | The setbacks of residential buildings are described in clause 7.2 Clause 6.7 refers to landscaping and plant related use and development |

9.0 Industrial Use and Development Performance Criteria

9.1 Industrial Use

9.1.1 Industrial Setbacks

| | The purpose of this clause is to ensure that buildings are sited to provide an adequate level of visual amenity in industrial zones.Buildings in Zone IJ are to be sited in accordance with the table to this clause.All street frontages, except access driveways or footpaths, are to be landscaped to a minimum depth of 3m.The quality and extent of landscaping is to be maintained for the life of the development and use only approved plant species. | Clause 6.7 refers to landscaping and plant related use and development. |

Table to Clause 9.1.1
Location/ Boundary Minimum Building Setback
Minimum setback to streets 3m
Minimum setback to at least one side boundary and to the rear boundary 5m

9.1.2 Biosecurity and Contamination Risks of Industrial Use and Development

| | The purpose of this clause is to ensure that general industry, light industry and rural industry use and development do not cause contamination, create a biosecurity threat, or contribute to any other detrimental impact on the environment.The use or development of land for general industry, light industry or rural industry must demonstrate the suitability of the site for the proposed future use, including: (a) identification of potential impacts on watercourses and riparian areas; (b) an assessment of the degree of groundwater vulnerability to contamination by hazardous substances, including the soil permeability, groundwater level and direction of ground and surface water flow at the site; (c) appropriate management of hazardous substances, machinery and plant material; and (d) that the use or development will not cause contamination or any other detrimental impact upon human health or the environmental values of Kakadu National Park. | The environmental and cultural values of Kakadu National Park are specified in, and protected under, the Commonwealth environmental law. NT building legislation may require compliance with specific Australian Standards for the storage and handling of flammable and combustible liquids, LP Gas, gasses and cylinders, and response guidelines and procedures, for the use and development of general industry, light industry and/or rural industry The Commonwealth environmental law restricts the taking of plants and firewood into, and cultivation of plants within, Kakadu National Park. An authorisation may be required under the Commonwealth environmental law for the bringing of rock, soil, sand, mulch, potting-mix or similar material into Kakadu National Park. |

More sections below

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Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

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Environment Protection and Biodiversity Conservation (Jabiru Town Plan) Approval 2019

I, Dr James Findlay, Director of National Parks, make the following approval under subregulation 11.10(2) of the Environment Protection and Biodiversity Conservation Regulations 2000.

Dated 9 October 2019

Dr James Findlay

Director of National Parks

Contents

1 Name

2 Commencement

3 Authority

4 Definitions

5 Schedule

6 Approval of Jabiru Town Plan 2019 as a Town Plan for the Town of Jabiru

Schedule — Jabiru Town Plan 2019

1 Name

This instrument is the Environment Protection and Biodiversity Conservation (Jabiru Town Plan) Approval 2019.

2 Commencement

Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this instrument The day after this instrument is registered.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

3 Authority

This instrument is made under subregulation 11.10(2) of the Regulations for the purposes of sections 388 and 389 of the Act and subsection 8.2.7 of the Management Plan.

4 Definitions

In this instrument:

Act means the Environment Protection and Biodiversity Conservation Act 1999 (C2018C00440).

Environment Protection and Biodiversity Conservation (Jabiru Town Plan) Approval 2019

Plain English Summary

Deep Dive

What it does

Current sections

Commencement

Authority

Definitions

Schedule

Approval of Jabiru Town Plan 2019 as a Town Plan for the Town of Jabiru

Jabiru Town Plan 2019

USER GUIDE TO THE JABIRU TOWN PLAN 2019

of the Jabiru Town Plan 2019 lists a number of what are described as “planning principles”. They are broad expressions of the Northern Territory Government’s commitment to outcomes of land use planning and development control.

of Part 9 of the Planning Act 1999 (NT) sets out those decisions of a consent authority that may be appealed. An appeal against a determination of the consent authority may be lodged with the NT Civil and Administrative Tribunal within the specified period.

Part 1

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Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply

USER GUIDE TO THE JABIRU TOWN PLAN 2019