Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
This Plan replaces earlier local environmental plans for the land shown on its maps and sets zoning, development consent rules, technical standards and mapped data requirements, with the Council as the consent authority. It governs heritage protections, bushfire works, eco‑tourism, intensive livestock and aquaculture, housing and water protections. It affects landowners, developers, farmers, aquaculture operators, Aboriginal communities and the Council. The Plan’s stated aims are to protect heritage, water and biodiversity, support agriculture and housing, and manage growth; achieving those aims requires applicants to meet thresholds, prepare management plans and comply with state policies.
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Direct links to the current provisions in Goulburn Mulwaree Local Environmental Plan 2009.
Part 1 Preliminary
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
RU5 Village
RU6 Transition
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
E5 Heavy Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP2 Infrastructure
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
cl 2.1: Am 2019 (509), Sch 1[1] [2]; 2022 (830), Sch 1.14[1].
Land Use Table
Note—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
State Environmental Planning Policy (Primary Production) 2021, Chapter 2
Land Use tbl: Am 2009 (517), Sch 2.2 [1] [2]; 2011 (363), Sch 9 [3]–[35]; 2012 (529), Sch 1 [1]–[35]; 2013 (463), Sch 1 [1]–[6]; 2013 (637), Sch 1 [1]; 2017 (493), Sch 1.1 [1]; 2018 (488), Sch 1.1 [1]; 2018 (596), Sch 1 [3]; 2019 (336), cl 4 (1) (2); 2019 (509), Sch 1[3] [4]; 2020 (232), cl 5(1) (2); 2021 (714), Sch 10.8; 2022 (314), Sch 1; 2022 (830), Sch 1.14[1A] (ins 2023 (82), Sch 1.4[4]) [2] (am 2023 (82), Sch 1.4[5] [6]).
Zone RU1 Primary Production
Zone RU2 Rural Landscape
Zone RU3 Forestry
Zone RU5 Village
Zone RU6 Transition
Zone R1 General Residential
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone R5 Large Lot Residential
Zone E1 Local Centre
Zone E2 Commercial Centre
Zone E3 Productivity Support
Zone E4 General Industrial
Zone E5 Heavy Industrial
Zone MU1 Mixed Use
Zone SP2 Infrastructure
Zone RE1 Public Recreation
Zone RE2 Private Recreation
Zone C1 National Parks and Nature Reserves
Zone C2 Environmental Conservation
Zone C3 Environmental Management
Zone C4 Environmental Living
3 Permitted with consent
Aquaculture; Cellar door premises; Dwelling houses; Extractive industries; Hardware and building supplies; Intensive livestock agriculture; Intensive plant agriculture; Kiosks; Landscaping material supplies; Light industries; Markets; Open cut mining; Plant nurseries; Roadside stalls; Rural supplies; Timber yards; Any other development not specified in item 2 or 4
4 Prohibited
Amusement centres; Attached dwellings; Boat building and repair facilities; Business premises; Dual occupancies; Exhibition homes; Exhibition villages; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Local distribution premises; Marinas; Mooring pens; Multi dwelling housing; Registered clubs; Residential flat buildings; Restricted premises; Retail premises; Self-storage units; Semi-detached dwellings; Seniors housing; Serviced apartments; Sex services premises; Shop top housing; Vehicle body repair workshops; Vehicle repair stations; Wharf or boating facilities; Wholesale supplies
Part 3 Exempt and complying development
Part 4 Principal development standards
Part 5 Miscellaneous provisions
5.1 Relevant acquisition authority
(1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note.
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
| Type of land shown on Map | Authority of the State | | Zone RE1 Public Recreation and marked “Local open space” | Council | | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act | | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW | | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |
Note.
If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning is required to take action to enable the designation of the acquiring authority under this Part. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991).
(3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
Part 6 Urban release areas
6.1 Arrangements for designated State public infrastructure
(1) This clause applies to land in an urban release area, but does not apply to any such land if the whole or any part of it is in a special contributions area (as defined by section 7.1 of the Act).
(2) The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.
(3) Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.
(4) Subclause (3) does not apply to—
(a) any lot identified in the certificate as a residue lot, or
(b) any lot to be created by a subdivision of land that was the subject of a previous development consent granted in accordance with this clause, or
(c) any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or
(d) a subdivision for the purpose only of rectifying an encroachment on any existing lot.
cl 6.1: Am 2011 (363), Sch 9 [44]; 2019 (621), Sch 1.4.
Part 7 Additional local provisions
7.1 (Repealed)
Schedule 1 Additional permitted uses
(Clause 2.5)
sch 1: Am 2019 (248), cl 4; 2019 (336), cl 4 (3); 2019 (509), Sch 1[6]; 2021 (339), Sch 1[1]–[4]; 2022 (80), Sch 1; 2022 (830), Sch 1.14[11].
8 Use of certain land at Wayo Street, Murac Street and Maud Street, Goulburn
(1) This clause applies to land at Goulburn identified as “Item 8” on the Additional Permitted Uses Map.
(2) Development for the purposes of dwelling houses, home occupations and home businesses is permitted with development consent.
9 Use of certain land in Zone E4
(1) This clause applies to land in Zone E4 identified as “Item 9” on the Additional Permitted Uses Map.
(2) Development for the purposes of dwelling houses and shop top housing is permitted with development consent.
Schedule 2 Exempt development
(Clause 3.1)
Note 1.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2.
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
sch 2: Am 2009 (93), Sch 1 [4]–[7]; 2010 (162), Sch 1.2 [7]; 2011 (363), Sch 9 [45]; 2021 (665), Sch 1; 2022 (830), Sch 1.14[12] [13].
Community events on council land
(1) Must be for the purposes of temporary uses including community events such as ceremonies, cultural celebrations, exhibitions, fetes, fairs, gatherings, markets and sporting events.
(2) Must take place on—
(a) land owned by the Council, or
(b) land for which the Council has care, control and management, including Crown land, or
(c) a public road for which the Council is the roads authority under the Roads Act 1993.
(3) Must provide access for pedestrians and emergency vehicles.
(4) Must provide adequate on-site and on-street car parking.
(5) Must not involve a permanent physical change to the land or road.
Note—
The development may involve activities that require approvals under the Local Government Act 1993 or other legislation.
Display of goods on footpath
(1) Must be associated with a lawfully established business carried out on land used for the purposes of—
(a) retail premises, if located on land in Zone E2 or MU1, or
(b) a neighbourhood shop, if located on land in Zone R3 Medium Density Residential.
(2) Must be on the part of the footpath that is directly adjacent to the primary frontage of the business.
(3) Must be on the footpath of a road for which the Council is the roads authority under the Roads Act 1993.
(4) Must not obstruct pedestrian traffic.
(5) Must not obstruct access to the premises or adjoining premises.
(6) All materials and equipment must be removed from the footpath at the close of each business day.
Note—
An approval or authorisation to use the footpath may be required under other legislation.
External lighting
(1) Must not be for the lighting of tennis courts or sports fields.
(2) Must not cause glare to adjoining properties or streets.
(3) Must not be directed at a classified road within the meaning of the Roads Act 1993.
(4) The light fixture must not be more than 3.6 metres above ground level (existing).
(5) Must not be fixed to a heritage item.
(6) Must comply with AS/NZS 4282–2019, Control of the Obtrusive Effects of Outdoor Lighting.
Letterboxes constructed or installed on or in a heritage item of local significance
(1) Must be free standing.
(2) Must be located on the lot of the property the letterbox serves.
(3) Must be accessible from the road.
(4) Must be no higher than 1.2 metres above ground level (existing).
(5) Must be designed to complement the architectural style of the building in relation to style and materials.
Signage—A-frame signs on private land in Zones E1, E2, E3, E4 or MU1
(1) Must not result in more than 1 A-frame sign for each premises.
(2) Must not have a display area of more than 500mm2 on each side.
(3) Must not involve flashing lights or a video or audio recording.
(4) Must not obstruct—
(a) access to the land or adjacent land, or
(b) pedestrian traffic.
(5) Must not involve construction work.
(6) Must be removed at the close of each business day.
Signage—other specified signage
(1) General requirements Signage of the types specified in this clause—
(a) must not advertise or be located on restricted premises, and
(b) must relate to a lawful use of the premises on which it is located, and
(c) must not be constructed or installed on or in a heritage item of State significance, and
(d) must not cover mechanical ventilation inlets or outlets, and
(e) must not be animated, flashing, illuminated or moving, or include a video or audio recording, and
(f) must be at least 600mm from the kerb of a public road, and
(g) must not obstruct the sight line of vehicle or pedestrian traffic.
(2) Fascia signs A sign attached to a building fascia or return of an awning—
(a) must not project more than 300mm from the facade of the fascia or awning, and
(b) must not project beyond the return end of the fascia or awning, and
(c) must be no more than 2.5m2 in area.
(3) Top hamper signs A sign above a display window or attached to the transom of a doorway—
(a) must not be constructed or installed on a heritage item, and
(b) must be no more than 2.5m2 in area, and
(c) must not result in more than 1 sign of this type for each ground floor tenancy, and
(d) must not project below the top edge of a doorway or window, and
(e) must not project more than 300mm from the building, and
(f) must be erected with the lower edge at least 2.6m above the footpath.
(4) Under awning signs A sign suspended below the existing awning of a building—
(a) must not result in more than 1 sign of this type for each ground floor premises, and
(b) must not be more than 1.5m2 in area, and
(c) must be erected with the lower edge at least 2.6m above the footpath, and
(d) must be at least 300mm from the outer edge of the awning.
(5) Wall signs projecting less than 300mm A sign attached to the wall of a building, other than the transom of a doorway or a display window, that projects less than 300mm from the wall—
(a) must not result in more than 1 wall sign of this type for the building, and
(b) must be located below the level of the awning, and
(c) if the building is a heritage item or located in a heritage conservation area—
(i) must not extend over an architectural decorative feature on the building, and
(ii) must not use primary colours as background colours, and
(iii) must not be painted directly onto the wall, and
(iv) must not be affixed directly to face brickwork, but may be fixed to mortar joints, and
(v) must not alter, damage or demolish part of the building to accommodate the sign.
(6) Wall signs projecting more than 300mm A sign attached to the wall of a building, other than the transom of a doorway or a display window, that projects more than 300mm from the wall—
(a) must be attached to the wall of a building to which the sign relates, and
(b) must not result in more than 1 wall sign of this type for each premises or for each street frontage, whichever is greater, and
(c) must not be located in or attached to a heritage item or located in a heritage conservation area, and
(d) must be erected with the lower edge at least 2.6m above ground level (existing), and
(e) must be erected at right angles to the building, and
(f) must be no more than 1.5m2 in area, and
(g) must project no more than 1.5m from the building.
(7) Window signs other than business identification signs A sign displayed in or on a window—
(a) must not cover more than 20% of the window area of the ground floor building frontage or 6m2, whichever is greater, and
(b) must not result in more than 1 sign of this type for each ground floor tenancy, and
(c) must be located on the facade fronting the primary street address on the ground floor.
Schedule 3 Complying development
(Clause 3.2)
Note.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
sch 3: Am 2009 (93), Sch 1 [8] [9]; 2010 (162), Sch 1.2 [8]; 2011 (363), Sch 9 [46] [47].
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
Schedule 5 Environmental heritage
(Clause 5.10)
sch 5: Am 2009 No 56, Sch 2.19; 2012 (323), Sch 1 [6] [7]; 2018 (399), cl 5; 2018 (596), Sch 1 [12]–[25]; 2021 (65), cl 5(2); 2021 (588), Sch 1.
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Division 1 Site location requirements
Division 2 Operational requirements
10 Pond design
(1) Must not require the construction of new ponds, water storages, dams or buildings.
(2) Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.
(3) Must be capable of preventing the escape of stock into natural waterbodies or wetlands.
11 Culture water
Must use freshwater.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1.1 Name of Plan
This Plan is Goulburn Mulwaree Local Environmental Plan 2009.
1.1AA Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in Goulburn Mulwaree in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
(2) The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to promote and co-ordinate the orderly and economic use and development of land in the area,
(b) to provide a framework for the Council to carry out its responsibility for environmental planning provisions and facilitate the achievement of the objectives of this Plan,
(c) to encourage the sustainable management, development and conservation of natural resources,
(d) to promote the use of rural resources for agriculture and primary production and related processing service and value adding industries,
(e) to protect and conserve the environmental and cultural heritage of Goulburn Mulwaree,
(f) to enhance and provide a range of housing opportunities in, and the residential and service functions of, the main towns and villages in Goulburn Mulwaree,
(g) to establish a framework for the timing and staging of development on certain land in Goulburn and Marulan,
(h) to provide a range of housing opportunities, including large lot residential development in the vicinity of the villages,
(i) to allow development only if it occurs in a manner that minimises risks due to environmental hazards, and minimises risks to important elements of the physical environment, including water quality,
(j) to provide direction and guidance as to the manner in which growth and change are to be managed in Goulburn Mulwaree,
(k) to protect and enhance watercourses, riparian habitats, wetlands and water quality within the Goulburn Mulwaree and Sydney drinking water catchments so as to enable the achievement of the water quality objectives.
1.3 Land to which Plan applies
(1) This Plan applies to the land identified on the Land Application Map.
(2) (Repealed)
cl 1.3: Am 2012 (323), Sch 1 [1]; 2018 (596), Sch 1 [1].
1.4 Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5 Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7 Maps
(1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(1AA) (Repealed)
(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4) For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
1.8 Repeal of planning instruments applying to land
(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
Note.
The following local environmental plans are repealed under this provision—
Goulburn Local Environmental Plan 1990
Mulwaree Local Environmental Plan 1995
(2) All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
cl 1.8: Am 2009 (93), Sch 1 [1]; 2010 (162), Sch 1.2 [1] [2]; 2018 (596), Sch 1 [2].
1.8A Savings provision relating to pending development approvals
(1) If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
(2) An amendment made to this Plan by Goulburn Mulwaree Local Environmental Plan 2009 (Amendment No 20) does not apply to a development application made but not finally determined before the commencement of the amendment.
(3) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.
cl 1.8A: Am 2021 (65), cl 5(1); 2023 (609), Sch 1.1[1].
1.9 Application of SEPPs
(1) This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
(2) The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
1.9A Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2) This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995.
(3) This clause does not affect the rights or interests of any public authority under any registered instrument.
(4) Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2011 (363), Sch 9 [1]; 2019 (621), Sch 5[2] [4].
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
RU5 Village
RU6 Transition
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
E5 Heavy Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP2 Infrastructure
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
cl 2.1: Am 2019 (509), Sch 1[1] [2]; 2022 (830), Sch 1.14[1].
2.2 Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3 Zone objectives and Land Use Table
(1) The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3) In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4) This clause is subject to the other provisions of this Plan.
Notes.
cl 2.3: Am 2009 (93), Sch 1 [2].
cl 2.6BB: Ins 2010 (162), Sch 1.2 [4].
1
Schedule 1 sets out additional permitted uses for particular land.
2
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
3
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4
Clause 2.6 requires consent for subdivision of land.
5
Part 5 contains other provisions which require consent for particular development.
2.4 Unzoned land
(1) Development may be carried out on unzoned land only with development consent.
(2) In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5 Additional permitted uses for particular land
(1) Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2) This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6 Subdivision—consent requirements
(1) Land to which this Plan applies may be subdivided, but only with development consent.
Notes.
(2) Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note.
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
1
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
2.6A, 2.6B (Repealed)
cll 2.6A, 2.6B: Rep 2010 (162), Sch 1.2 [3].
2.6C
(Renumbered as cl 7.1A)
cl 2.6C: Renumbered as cl 7.1A, 2011 (363), Sch 9 [2].
2.7 Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
2.8 Temporary use of land
(1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
(2) Despite any other provision of this Plan, development consent
This is an opening excerpt, not the complete document.