Part 1 Preliminary

Part 1 Preliminary

1 Name of plan

1 Name of plan

This plan may be cited as Kiama Local Environmental Plan 1996.

2 Land to which plan applies

2 Land to which plan applies

(1) This plan applies to all of the land within the area of Kiama as shown on the map.

(2) However, this plan does not apply to the land marked “Deferred matter” on the map, (being land excluded from the operation of this plan pursuant to section 68 (5) of the Act), except for the land shown edged heavy black on the maps (or, if any sheets of the maps are specified, by the specified sheets of the maps) marked as follows—

Editorial note—

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

Kiama Local Environmental Plan 1996 (Amendment No 12)

Kiama Local Environmental Plan 1996 (Amendment No 19)

Kiama Local Environmental Plan 1996 (Amendment No 22)

Kiama Local Environmental Plan 1996 (Amendment No 23)

cl 2: Am 24.4.1997; 9.5.1997; 26.3.1999; 13.8.2004.

3

3 (Repealed)

4 Aims and objectives

4 Aims and objectives

(1) The 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 plan for the community’s needs for the next ten years by promoting and encouraging development that improves the total quality of life, both now and in the future, in a way that maintains the ecological process on which life depends,

(b) To preserve the essence of the special qualities of the Council’s area,

(c) To manage, develop and conserve the natural and built resources within the Council’s area,

(d) To meet general community expectations,

(e) To provide for the community’s welfare, including the social and economic well-being of the community of the Council’s area,

(f) To provide planning mechanisms to assist in the development of greater community spirit and vibrancy,

(g) To ensure the efficient and equitable use of resources within environmental constraints,

(h) To provide adequate opportunity for public involvement and participation in environmental planning and assessment.

(2) The objectives of this plan are as follows—

(a) To define future urban boundaries,

(b) To retain a rural separation between villages and towns which help characterise the Council’s area,

(c) To protect natural and built environmental features of the Council’s area,

(d) To provide for controlled urban growth within the defined boundaries,

(e) To provide for consolidation of existing urban areas particularly around existing business and transport centres and where environmental (including social) parameters are suitable,

(f) To protect prime crop and pasture land outside defined urban boundaries,

(g) To consolidate and strengthen existing retail/business centres,

(h) To encourage the provision of a range of retail and business services which are more attractive, convenient and accessible to the community,

(i) To provide for tourism related uses and activities and to attract them to selected localities within the Council’s area,

(j) To ensure that new developments are well designed and complement the character of the surrounding land and the Council’s area,

(k) To ensure that residential areas are based on neighbourhood and environmental design principles, including the following—

• improved pedestrian and bicycle access to services and facilities,

• minimum use of the motor vehicle,

• solar access and energy efficiency,

• a built form that complements the landscape,

• minimum degradation of flora and fauna and natural habitats,

• a landscape design that is appropriate to the area and makes a more attractive residential environment,

• a defined edge to the settlement with appropriate landscaping and recreational facilities, including pathways and cycleways,

• adequate provision of community services and facilities including meeting rooms, child care and sporting facilities,

• focal points that provide the potential for increased social interaction,

• a range of housing styles and lot sizes,

• retention of landscape features,

• stormwater retention ponds and basins,

• the enhancement of waterways,

• environmentally acceptable sewage disposal,

(l) To protect the Council’s area’s natural heritage through appropriate controls and plans of management,

(m) To identify and conserve items of environmental heritage of a local, regional, State and national significance,

(n) To provide industrial lands within environmental constraints to increase the employment base of the Council’s area and improve the self-sufficiency level of the local community,

(o) To identify land required for public purposes and to provide for the classification of public land for general community or operational use,

(p) To minimise the adverse impact of activities within the Council’s area on the global environment,

(q) To promote the more efficient use of water and energy within the Council’s area,

(r) To assist the sustainability of prime crop and pasture lands,

(s) To ensure the preservation of the landscape and special scenic qualities of the Council’s area,

(t) To protect biological diversity and maintain essential ecological processes and life support systems,

(u) To ensure that activities and development within the catchments of the Council’s area do not impact adversely on the water quality of the estuaries and wetlands systems,

(v) To ensure planning and development have regard to total catchment management philosophy and principles,

(w) To promote the sustainability of the natural ecosystems within the Council’s area,

(x) To restrict development on flood liable land,

(y) To enhance individual and community well-being and welfare by encouraging a path of economic development that safeguards the welfare of future generations,

(z) To foster the cultural development of the Kiama area, especially the arts and crafts skills of the community,

(aa) To restrict the fragmentation of non-urban land other than for agricultural purposes.

(ab) To conserve, protect and maintain riparian corridors.

cl 4: Am 27.11.1998; 2020 (724), Sch 1.6.

5 Model provisions

5 Model provisions

This plan adopts the Environmental Planning and Assessment Model Provisions 1980, other than the definitions in clause 4 of home occupation, home industry, map and retail plant nursery (and of any term that is also defined in clause 6 of this plan) and clauses 5 (5), 15, 16 and 17 of the Model Provisions.

cl 5: Am 24.12.1997.

6 Definitions

6 Definitions

(1) In this plan—

acid sulfate soils means actual acid sulfate soils or potential acid sulfate soils.

Acid Sulfate Soils Assessment and Management Guidelines means Acid Sulfate Soils Assessment and Management Guidelines, published by the Environment Protection Authority, Department of Urban Affairs and Planning and the NSW Acid Sulfate Soils Management Advisory Committee as amended from time to time.

acid sulfate soils map means the series of maps marked “Kiama Local Environmental Plan 1996 (Amendment No 27)—Acid Sulfate Soil Planning Map” kept in the office of the Council.

actual acid sulfate soils means acid sulfate soil containing highly acid soil horizons or layers resulting from the aeration of soil materials that are rich in iron sulphides, primarily pyrite. The soil material has a pH of less than 4 when measured in dry season conditions and may be identified by yellow mottles and coatings of jarosite.

agriculture means the use of land for the grazing of livestock or the production of crops (or both) or for the keeping or breeding of livestock and bees, but does not include intensive livestock production or filling.

amusement park means a commercially run ground where amusements and mechanical entertainments such as merry-go-rounds and the like are permanently situated.

appointed day means the day on which this plan is published in the Gazette.

area of high conservation value means land indicated as such an area on the maps (or specified sheets of maps) marked as follows—

Editorial note—

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

Kiama Local Environmental Plan 1996,

Kiama Local Environmental Plan 1996 (Amendment No 6).

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

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

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

bush fire hazard reduction means the reduction of fuel by burning, chemical, mechanical, manual or any other means.

car park means a building or place primarily used for the purpose of parking motor vehicles, including any manoeuvring space and access thereto, whether operated for gain or not.

caravan park means land used for the accommodation of caravans or other moveable dwellings within the meaning of the Local Government Act 1993.

clear, in relation to any land, means any manner of destruction of a tree, shrub or plant on the land, but does not include—

(a) the destruction of any tree, shrub or plant that is required or expressly authorised by or under any Act or statutory instrument or by any statutory authority in pursuance of the provisions of any Act or statutory instrument, or

(b) the destruction of any tree, shrub or plant where the destruction is necessary in an emergency to prevent the spread of fire or in circumstances where the tree, shrub or plant presents a danger to life or property.

cottage industry means an activity carried out under the following circumstances—

(a) the activity is carried out within a dwelling or the curtilage of a dwelling occupied by the person carrying on the activity or on land adjoining the land owned by that person,

(b) the activity does not—

(i) interfere with the amenity of the locality by reason of the emission of noise, traffic, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise, or

(ii) involve exposure to view from any public place of any unsightly matter, or

(iii) require the provision of any essential service main of a greater capacity than that available in the locality, or

(iv) involve the employment of more than two persons (whether as apprentices, employees, students of arts and crafts activities, or trainees) other than residents of the dwelling, or

(v) involve the exhibition of any notice, advertisement or sign (other than a notice or sign not exceeding 1 metre by 0.6 metre exhibited on that dwelling to indicate the name and occupation of the resident thereof),

(c) the activity is in character with the scale and ambience of other activities within the immediate area,

(d) any goods offered for sale have been produced on the site of the activity,

(e) adequate provision has been made on site for the collection, storage and disposal of waste resulting from the activity,

(f) provisions have been made, on site, for the safe and convenient parking, turning and manoeuvring of vehicles associated with the activity,

(g) satisfactory provision has been made to ensure the safe and convenient ingress to and egress from the site, for all vehicles using the site,

(h) the building to be used in conjunction with the activity does not cause adverse visual impact, and

(i) the activity does not involve the use of the premises for the purposes of prostitution or a brothel.

Council means the Council of the Municipality of Kiama.

damage, in relation to flora, includes lopping, topping, ring-barking, poisoning, felling, digging up, pulling out, smothering or any other form of deliberate damage.

dual occupancy development means development that results in 2 dwellings (whether attached or detached) on a single allotment of land and may include a subdivision creating separate land titles for those dwellings.

environmental protection works includes works such as removal of weeds, (eg Lantana camara and the like) and other works essential to mitigate against harmful environmental impacts.

existing holding means—

(a) subject to paragraph (b), a lot, portion or parcel of land in existence on 4 July 1977, or

(b) where on 4 July 1977, a person owned 2 or more adjoining or adjacent lots, portions or parcels of land, the aggregation of those lots, portions or parcels.

extractive industry means—

(a) the winning of extractive material, or

(b) an undertaking (not being a mine) which depends for its operations on the winning of extractive material from the land on which it is carried on,

and includes any washing, crushing, grinding, milling or separating into different sizes of that extractive material on that land.

fill means the depositing of soil, rock or other material obtained from a site outside the property boundaries of an allotment of land on which it is deposited, but does not include the depositing of topsoil, or feature rock imported to the allotment, that is intended for use in garden landscaping, turf or garden bed establishment or topdressing of lawns.

floorspace ratio, in relation to a building, means the ratio of the gross floor area of the building to the area of the allotment on which the building is situated.

flora includes trees, shrubs and vegetation (including aquatic species).

function centre has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

ground level means the level of a site before development is carried out on that site.

height, in relation to a building, means the distance measured vertically from any point on the ceiling of the topmost floor of the building to the ground level immediately below that point.

home based child care service means a child care service provided for a fee at the premises where the person providing the service resides but does not include any child care service requiring registration as a child care service under any legislation.

home business means a business carried on in or from a dwelling where—

(a) the business is either carried out within the dwelling or an out-building, or the majority of the business is carried on away from the dwelling (with the dwelling, outbuildings and curtilage being used primarily as a base or office or for storage of tools of trade or equipment), and

(b) the business will not interfere with the amenity of the neighbourhood—

(i) by reason of traffic generation, noise or otherwise, or

(ii) by the exposure to view from any adjacent premises or from any public place of any goods associated with the business or any unsightly matter, or

(iii) by parking of heavy vehicles either on or adjacent to the property, or

(iv) by the hours the business is conducted, or

(v) by the exhibition of any notice, advertisement or sign (other than a notice or sign not exceeding 1 metre by 0.6 metre exhibited on that dwelling to indicate the name and occupation of the resident thereof), and

(c) the dwelling continues to be used for permanent residential occupation by the person carrying on the business, and

(d) only the persons residing in the dwelling work on the premises, and

(e) the business does not involve the use of the premises for the purposes of prostitution or a brothel.

home hosting facility means a dwelling-house used and occupied for permanent residential purposes in which no more than 2 rooms are made available by the residents for temporary accommodation of a short term or holiday nature catering for not more than 8 paying guests.

industrial retail outlet means a shop—

(a) which is used in conjunction with a light industry on land zoned for industrial purposes, and

(b) which is situated on the land on which the light industry is located, and

(c) in which are sold only goods which have been assembled, manufactured or stored on the land on which the shop is situated.

industry means—

(a) any manufacturing process within the meaning of the Factories, Shops and Industries Act 1962, or

(b) the breaking up or dismantling of any goods or any article for trade or sale or gain or as ancillary to any business,

but does not include an extractive industry.

integrated housing development means development that consists of—

(a) the subdivision of land into 5 or more allotments, and

(b) the erection of a single dwelling-house on each of the allotments created by that subdivision.

intensive horticulture means the growing for sale on a commercial basis of plants, flowers or other vegetation and includes a wholesale plant nursery, but does not include a retail plant nursery.

intensive livestock production means a building or an activity carried out within a building or on land involving the keeping or nurturing of cattle, sheep, goats, poultry or other livestock for commercial purposes by predominantly supplementary feeding methods and, without limiting the generality of the foregoing, includes—

(a) feed lots,

(b) piggeries,

(c) poultry farms, and

(d) fish farming (including farming of crustaceans and oysters),

but does not include an animal boarding establishment or land used for the keeping of livestock or poultry intended solely for personal consumption or enjoyment by the owner or occupier of the land, or intensive hand feeding of livestock as a result of natural disaster including drought, flood or bush fire, or dairy farming where the nurturing of dairy cattle is primarily achieved by the grazing of pasture.

motel means a building or buildings (other than a hotel, boarding-house, residential flat building or home hosting facility) substantially used for the overnight accommodation of travellers and the vehicles used by them whether or not the building or buildings are also used in the provision of meals to those travellers or the general public.

motor showroom means a building or place used for the display or sale of motor vehicles, caravans, boats or trailers whether or not motor vehicle accessories, caravan accessories, boat accessories or trailer accessories are sold or displayed there.

plant nursery means a building or place used for the growing and selling (whether by retail or wholesale) of plants whether or not ancillary products are sold there.

potential acid sulfate soils means soil which is waterlogged and contains oxidisable sulphur compounds and that has a field pH of 4 or more but will become severely acid when oxidised.

prime crop and pasture land means land within an area identified, on a map prepared by or on behalf of the Director-General of the Department of Agriculture, deposited in an office of the Department of Agriculture and a copy of which is deposited in the office of the Council, as Class 1, Class 2 or Class 3 or as land of merit for special agricultural uses, but does not include land which the Director-General of the Department of Agriculture has notified the Council in writing is not prime crop and pasture land for the purposes of this plan.

recreation area means—

(a) a children’s playground,

(b) an area used for sporting activities or sporting facilities,

(c) an area used by the council to provide recreational facilities for the physical, cultural or intellectual welfare of the community, and

(d) an area used by a body of persons associated together for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes,

but does not include racecourses and showgrounds.

recreation facility means a building or place used for indoor or outdoor recreation, a billiard saloon, table tennis centre, squash court, swimming pool, gymnasium, health studio, bowling alley, fun parlour or any other building of a like character used for recreation and whether used for the purpose of gain or not, but does not include a place of assembly.

residential flat building means a building or group of buildings containing more than 2 dwellings, but does not include a dwelling resulting from integrated housing development or villa homes and courtyard houses.

riparian corridor means land within a stream, river or estuary shown coloured on the map marked “Kiama Local Environmental Plan 1996 (Amendment No 24)—Riparian Corridors” and land within a distance of 30 metres from a bank or shore of any such stream, river or estuary.

road means a private road, right-of-carriageway, or a public road principally (though not solely) used as a carriageway for the passage of vehicles.

storey means the space in a building between the floor of the building and the floor next above or, where there is no floor above, the ceiling or roof above.

the map means Sheets 1–3 of the map marked “Kiama Local Environmental Plan 1996 (Amendment No 61)”, as amended by the maps (or specified sheets of maps) marked as follows—

Editorial note—

The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.

Kiama Local Environmental Plan 1996 (Amendment No 61)—Sheets 4 and 5

Kiama Local Environmental Plan 1996 (Amendment No 64)

Kiama Local Environmental Plan 1996 (Amendment No 65)

tree plantation and harvesting means the planting of local endemic species of trees in plantations on lawfully cleared land in existence near native forests on the date of commencement of this plan for the purpose of temporarily increasing the area of endemic forest and its biodiversity and providing habitat for native species of plants and animals until that plantation is harvested.

veterinary surgery means a building or place used for the treatment of the diseases and injuries of animals, and includes a building or place used for the purposes of an animal hospital.

villa homes and courtyard houses means a building or group of buildings comprising 3 or more dwellings of one storey construction where each dwelling has an attached private outdoor open space area for the exclusive use of the occupants of that dwelling.

water recycling facility has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

water supply systemhas the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

(2) A reference in this plan—

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

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

(c) to development for the purposes of a residential flat building or villa homes and courtyard houses includes a reference to a subdivision creating separate land titles for each dwelling in such development.

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

cl 6: Am 26.7.1996; 24.4.1997; 9.5.1997; 1.8.1997; 24.12.1997; 22.5.1998; 18.9.1998; 27.11.1998; 26.3.1999; 21.5.1999; 27.10.2000; 8.12.2000; 16.2.2001 (see also 23.2.2001); 8.6.2001; 6.7.2001; 3.8.2001; 15.8.2003; 13.8.2004; 22.10.2004; 7.1.2005; 2006 (57), Sch 1 [1]; 2008 (128), Sch 1.40 [1]; 2008 (637), Sch 1 [1]; 2010 (21), cl 5; 2010 (460), cl 4; 2011 (287), Sch 1 [1].

7 Consent authority

7 Consent authority

The Council is the consent authority for the purposes of this plan.

Part 2 Zonings and land uses

Part 2 Zonings and land uses

8 Zones indicated on the map

8 Zones indicated on the map

For the purposes of this plan, land to which this plan applies is in a zone specified below if the land is shown on the map in the way stated below in relation to that zone.

| Zone No 1 (a) | Rural “A”—shown coloured cream and lettered “1 (a)” | | Zone No 2 (a) | Residential “A”—shown coloured scarlet and lettered “2 (a)” | | Zone No 2 (b) | Residential “B”—shown coloured scarlet and lettered “2 (b)” | | Zone No 3 (a) | General Business—shown coloured blue and lettered “3 (a)” | | Zone No 3 (b) | Special Business (Heritage)—shown coloured blue and lettered “3 (b)” | | Zone No 3 (c) | Neighbourhood Business—shown coloured blue and lettered “3 (c)” | | Zone No 3 (d) | Business (Tourist Related)—shown coloured blue and lettered “3 (d)” | | Zone No 4 (b) | Extractive Industrial—shown coloured purple and lettered “4 (b)” | | Zone No 4 (c) | Light Industrial—shown coloured purple and lettered “4 (c)” | | Zone No 5 (a) | Special Uses (Schools, etc)—shown coloured yellow and lettered “5 (a)” and indicating the designated special use | | Zone No 5 (b) | Special Uses (Railways)—shown coloured grey and lettered “5 (b)” | | Zone No 6 (a) | Existing Recreation—shown coloured green and lettered “6 (a)” | | Zone No 6 (b) | Private Recreation—shown coloured green and lettered “6 (b)” | | Zone No 6 (c) | Proposed Recreation—shown coloured green and lettered “6 (c)” | | Zone No 7 (b) | Rural Environmental Protection (Estuarine Wetlands)—shown coloured orange and lettered “7 (b)” | | Zone No 7 (b1) | Rural Environmental Protection (Wetlands Buffer)—shown coloured orange and lettered “7 (b1)” | | Zone No 7 (d) | Rural Environmental Protection (Scenic)—shown coloured orange and lettered “7 (d)” | | Zone No 7 (e) | Rural Environmental Protection (Hinterland)—shown coloured orange and lettered “7 (e)” | | Zone No 7 (f) | Rural Environmental Protection (Foreshore Protection)—shown coloured orange and lettered “7 (f)” | | Zone No 7 (l) | Rural Environmental Protection (General)—shown coloured orange and lettered “7 (l)” | | Zone No 8 (a) | National Parks—shown coloured white with green hatching and lettered “8 (a)” | | Zone No 9 (a) | Proposed Arterial Road—shown coloured grey without lettering |

cl 8: Subst 2008 (637), Sch 1 [2].

9 Zone objectives and Land Use Table

9 Zone objectives and Land Use Table

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

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

(i) development may be carried out without the need to obtain development consent, and

(ii) development may be carried out only after development consent has been obtained, and

(iii) development is prohibited,

are specified under the headings “Without Development Consent”, “Only With Development Consent” and “Prohibited”, respectively, appearing in the matter relating to the zone in the Table to this clause.

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

Land Use Table

Zone No 1 (a) Rural “A”

Zone No 2 (a) Residential “A”

Zone No 2 (b) Residential “B”

Zone No 3 (a) General Business

Zone No 3 (b) Special Business (Heritage)

Zone No 3 (c) Neighbourhood Business

Zone No 3 (d) Business (Tourist Related)

Zone No 4 (b) Extractive Industrial

Zone No 4 (c) Light Industrial

Zone No 5 (a) Special Uses (Schools, etc)

Zone No 5 (b) Special Uses (Railways)

Zone No 6 (a) Existing Recreation

Zone No 6 (b) Private Recreation

Zone No 6 (c) Proposed Recreation

Zone No 7 (b) Rural Environmental Protection (Estuarine Wetlands)

Zone No 7 (b1) Rural Environmental Protection (Wetlands Buffer)

Zone No 7 (d) Rural Environmental Protection (Scenic)

Zone No 7 (e) Rural Environmental Protection (Hinterland)

Zone No 7 (f) Rural Environmental Protection (Foreshore Protection)

Zone No 7 (l) Rural Environmental Protection (General)

Zone No 8 (a) National Parks

Zone No 9 (a) Proposed Arterial Road

cl 9, tbl: Am 13.9.1996; 28.2.1997; 24.12.1997; 11.2.2000.

Part 3 Rural

Part 3 Rural

10 Rural “A” Zone—Subdivision

10 Rural “A” Zone—Subdivision

(1) A person shall not subdivide land, including for the purpose of opening a road, within Zone No 1 (a) except with the consent of the Council.

(2) The Council shall not consent to the subdivision of land within Zone No 1 (a) unless it has obtained all relevant information in relation to, and has made an assessment of—

(a) the primary purpose for which each allotment is intended to be used, and

(b) if that purpose is agriculture, the form of agriculture for which the allotment is intended to be used.

(3) Where the Council is of the opinion that a proposed allotment the subject of an application for consent required by subclause (1) is intended to be used for—

(a) the erection of a dwelling-house, the Council shall not grant consent unless it is an application allowed by subclause (6), or

(b) any other purpose, the Council shall not grant consent unless it prohibits the erection of a dwelling-house on each proposed allotment created by the subdivision.

(4) (Repealed)

(5) Only one allotment may be created in accordance with subclause (4) from land that has been the subject of a development application after the commencement of this plan.

(6) A person may, with the consent of the Council, subdivide land within Zone No 1 (a) to create allotments each having an area of at least 40 hectares that the Council is satisfied will be used for the purpose of the erection of a dwelling-house on each allotment.

(7) The Council shall not grant consent to an application to subdivide land within Zone No 1 (a) unless it has considered—

(a) the relationship of the proposed allotments to be created by the subdivision to adjacent or adjoining allotments and the practicality of consolidating the adjoining allotments with that land, and

(b) the quality of the land and the potential agricultural productivity of the land if it remains un-subdivided, and

(c) the likely impact of the subdivision on the landscape, vegetation, soil resources and stability and water resources (including the quality of water courses, ground water storage and riparian rights), and the cumulative impact of the subdivision, the future use of the land and the use of other land in the vicinity on surface and ground water quality and quantity and on the physical and biological functions of watercourses and riparian corridors, and

(d) in relation to each proposed allotment—

(i) the size, quality and potential agricultural productivity of the allotment, and

(ii) its relationship to, and effect on, the structure and nature of agricultural industries in the area, and

(iii) the purpose for which the allotment is intended to be used and the purposes for which, in the opinion of the Council, the allotment is suitable to be used, also having regard to the land uses undertaken on adjacent and adjoining holdings and other holdings in the vicinity, and

(iv) the cumulative effect of similar proposals if consent is granted, and

(v) the likelihood of the allotment remaining available for agriculture, and

(vi) slip hazard, and

(vii) bush fire hazard, and

(e) the potential for adverse visual and traffic impacts to be caused by the subdivision and any access road linking with an arterial road and subsequent ribbon development along roads, and

(f) any adverse impacts the subdivision or subdivision access may have on the proper functioning and safety of other roads in the immediate vicinity.

(8) A person may, without the consent of the Council, subdivide land within Zone No 1 (a) if the subdivision is for any one or more of the following purposes—

(a) to widen a public road,

(b) to make minor adjustments to common property boundaries,

(c) to rectify an encroachment on a lot, portion or parcel of land.

Note—

Clause 9 of the State Environmental Planning Policy (Rural Lands) 2008 also enables the subdivision of lots for the purposes of primary production.

cl 10: Am 24.12.1997; 7.1.2005; 2008 (128), Sch 1.40 [2]–[4].

11 Rural “A” Zone—Dwelling-houses

11 Rural “A” Zone—Dwelling-houses

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

(2) A person shall not erect a dwelling-house or carry out dual occupancy development on land to which this clause applies except in accordance with this clause.

(3) Where land to which this clause applies does not have a dwelling-house erected on it, a person may, with the consent of the Council, erect a dwelling-house or carry out dual occupancy development if the land—

(a) has an area of not less than 40 hectares, or

(b) comprises the whole of an existing holding (or an existing holding affected only by a subdivision carried out in accordance with clause 10 (8)), being an existing holding that has an area of not less than 20 hectares and where the Council is satisfied that—

(i) there will be adequate vehicular access to the dwelling-house or dwellings, and

(ii) the erection of a dwelling-house or dwellings will not create or increase ribbon development along an arterial road, or

(c) (Repealed)

(d) is an allotment created with the consent of the Council, being an allotment referred to in clause 18 (3) (e) of Kiama Local Environmental Plan No 5 as in force immediately before its repeal by this plan, or

(e) is a concessional allotment within the meaning of paragraph (a) of the definition of concessional allotment in clause 16 (2) of Kiama Local Environmental Plan No 5 as in force immediately before its repeal by this plan, or

(f) is an allotment having an area of less than 40 hectares and was created under the provisions of clause 32 (1) of the Kiama Planning Scheme Ordinance.

(4) Where a person owns—

(a) a lot, portion or parcel of land, or

(b) two or more adjoining or adjacent lots, portions or parcels of land,

being land to which this clause applies, the person may, with the consent of the Council, erect one additional dwelling-house on that land for use as a rural worker’s dwelling where the Council is satisfied that the additional dwelling-house will be actually occupied by a person employed or engaged by the owner of the land in the use of the land for the purposes of agriculture and that separate ownership of the proposed dwelling could only be achieved by a subdivision of the land in accordance with clause 10.

(5) The Council shall not grant consent for a rural worker’s dwelling in accordance with subclause (4) if a rural worker’s dwelling already exists on the land, or another dwelling exists on the land or on adjoining land in the same ownership which is being used to accommodate rural workers engaged in carrying out agriculture on the land to which the application for consent applies.

(6) The Council may only grant consent for a rural worker’s dwelling in accordance with sub-clause (4) if—

(a) it is satisfied the rural worker’s dwelling is justified having regard to the nature and scale of the agricultural enterprise and the need for accommodating rural workers on the land, and

(b) the rural worker’s dwelling is to be located on the same allotment of land as the principal owner’s residence, and is designed in a way that architecturally integrates with existing residential development on the land, where the buildings are located in close proximity to each other.

(7) In granting consent to the erection of a rural worker’s dwelling in accordance with subclause (4), the Council may require that—

(a) the rural worker’s dwelling may only be occupied by a person engaged as an employee of the person carrying out agriculture, or by a relative who assists the person carrying out agriculture, on the land, and

(b) the rural worker’s dwelling is designed and constructed so that it may be removed from the site when the use of the land for agriculture ceases, and

(c) when it reasonably forms the opinion that the rural worker’s dwelling is no longer being lawfully used by the person carrying out agriculture on the land for its intended purpose, the rural worker’s dwelling must be removed from the land or the dwelling must be rendered incapable of residential occupation (and its use limited to agricultural or storage purposes) or be left vacant.

(8) A person may, with the consent of the Council, erect a dwelling-house on land to which this clause applies and on which another dwelling-house is erected if the dwelling-house is intended to wholly replace the other dwelling-house.

(9) The Council shall not grant a consent referred to in subclause (8) unless it is of the opinion that the proposed dwelling will not interfere with the purpose for which the land concerned is being used.

cl 11: Am 24.12.1997; 2008 (128), Sch 1.40 [5] [6].

11A Dwelling entitlements on existing concessional lots

11A Dwelling entitlements on existing concessional lots

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

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

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

cl 11A: Ins 2008 (128), Sch 1.40 [7].

12 Rural “A” Zone—Development

12 Rural “A” Zone—Development

(1) The Council shall not grant consent to development on land within Zone No 1 (a) (other than the subdivision of land) unless it has taken into account the effect that the proposed development will have on the agricultural viability of that land and land in the vicinity of that land.

(2) The Council shall not grant consent to development on land within Zone No 1 (a) unless it has considered—

(a) the effect of the proposed development on agricultural and other land uses undertaken on adjacent and adjoining holdings and other holdings in the vicinity, and

(b) the quality of the land and the potential agricultural productivity of the land, and

(c) the likely impact of the proposed development on the landscape, vegetation, soil resources and stability and water resources (including the quality of water courses, ground water storage and riparian rights), and the cumulative impact of the development on surface and ground water quality and quantity and on the physical and biological functions of watercourses and riparian corridors, and

(d) the effect of the proposed development on the structure and nature of agricultural industries in the area, and

(e) the traffic generating effects of the development on access roads, and

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

(g) the likelihood of the land remaining available for agriculture.

13 Rural “A” Zone—Consideration of Natural Environmental Attributes

13 Rural “A” Zone—Consideration of Natural Environmental Attributes

The Council shall not grant consent to development on land within Zone No 1 (a) unless it has considered its effect on—

(a) the protection of rare and endangered flora and fauna species and the protection of habitats for native flora and fauna, and

(b) the protection of wildlife corridors and vegetation links with other nearby bushland, and

(c) the protection of bushland as a natural stabiliser of the soil surface and the protection of existing landforms such as natural drainage lines, water courses and foreshores, and

(d) the protection of bushland for scenic values and the retention of the unique visual identity of the landscape, and

(e) the cumulative impact of a series of development proposals.

Part 4 Residential

Part 4 Residential

14 Residential “A” and “B” Zones—Subdivision

14 Residential “A” and “B” Zones—Subdivision

(1) A person shall not subdivide land within Zone No 2 (a) or 2 (b) for the purpose of creating lots for detached dwelling-houses unless—

(a) each of the allotments to be created that is hatchet-shaped has an area, excluding the access corridor, of not less than 550 square metres, and

(b) each of the allotments to be created that is not hatchet-shaped has an area of not less than 450 square metres.

(2) This clause does not apply to a subdivision creating separate land titles for dwellings created by dual occupancy development or integrated housing development or by development creating villa homes and courtyard houses.

cl 14: Subst 24.12.1997.

15 Residential “A” and “B” Zones—Dwelling-houses

15 Residential “A” and “B” Zones—Dwelling-houses

(1) A person shall not erect a dwelling-house on land within Zone No 2 (a) or 2 (b) unless the allotment—

(a) where the allotment is hatchet-shaped, has an area, excluding the access corridor, of not less than 550 square metres, and

(b) where the allotment is not hatchet-shaped, has an area of not less than 450 square metres.

(2) Despite subclause (1), a person may erect a dwelling-house on land within Zone No 2 (a) or 2 (b) on an allotment that has an area of less than 450 square metres if the allotment was in existence as a separate allotment on 4 July 1977.

(3) This clause does not prevent dwelling-houses being erected on lots in a subdivision creating separate land titles for dwellings created by dual occupancy development or integrated housing development or by development creating villa homes and courtyard houses.

(4) Despite subclause (1), a person may erect a dwelling-house on an allotment within Zone No 2 (a) or 2 (b) which has an area less than that specified in subclause (1) where the allotment was created by a subdivision approved by the Council before the appointed day.

cl 15: Am 24.12.1997.

16 Residential “A” and “B” Zones—Dual Occupancy Development

16 Residential “A” and “B” Zones—Dual Occupancy Development

(1) A person may, with the consent of the Council, on an allotment of land within Zone No 2 (a) or 2 (b)—

(a) erect 2 dwelling-houses on that allotment, or

(b) erect a second dwelling-house in addition to one already erected on that allotment, or

(c) alter or add to a dwelling-house or to any other building erected on that allotment so as to create 2 dwelling-houses,

if, but only if, not more than 2 dwellings will occupy the allotment after the development has been carried out.

(2) The Council shall not consent to dual occupancy development unless—

(a) in a case where the development will result in the creation of 2 attached dwellings—the area of the allotment on which the dwellings are or will be created is not less than 450 square metres, or

(b) in a case where the development will result in the erection of 2 dwelling-houses—the area of the allotment on which the dwelling-houses are or will be erected is not less than 600 square metres.

(3) Except as provided by subclause (4), the Council shall not consent to dual occupancy development unless the floor space ratio of dwellings on the land will be not more than 0.5:1.

(4) Where—

(a) an application is made to the Council to alter or add to a dwelling-house to create 2 dwellings, and

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

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

(5) Subclause (4) only applies in relation to dwelling-houses erected before the appointed day.

(6) If an application is made for consent to erect a second dwelling-house on an allotment where there is an existing dwelling-house, the second dwelling-house shall not exceed 3.6 metres in height.

(7) If an application is made for consent to erect 2 detached dwelling-houses on a vacant allotment, the dwelling-house furthest from the street frontage shall not exceed 3.6 metres in height.

(8) The Council shall not grant consent for a second dwelling-house unless it is satisfied that—

(a) adequate provision is made in respect of the privacy of the proposed dwelling-house and any adjacent dwelling-house (including the curtilage of the adjacent dwelling-house), and

(b) adequate provision is made in respect of solar access and access to natural light for the proposed dwelling-house and any adjacent dwelling-houses (including their curtilages).

(9) If an application is made for consent for dual occupancy development in respect of land within a heritage conservation area, or identified as a heritage item within the meaning of Part 9, the Council shall have regard to any heritage or conservation provisions which may apply in respect of the land.

(10) The Council shall not grant consent for dual occupancy development unless it is satisfied that adequate arrangements have been made for the provision of a water supply to each dwelling and for the disposal of sewage and stormwater from each dwelling.

(11) The Council shall not grant consent for dual occupancy development unless it is satisfied that the proposed dwelling or dwellings will not have an adverse effect on—

(a) the protection of rare and endangered flora and fauna species and the protection of habitats for native flora and fauna,

(b) the protection of wildlife corridors and vegetation links with other nearby bushland,

(c) the protection of bushland as a natural stabiliser of the soil surface and the protection of existing landforms such as natural drainage lines, water courses and foreshores, and

(d) the protection of bushland for scenic values and the retention of the unique visual identity of the landscape.

17 Residential “A” and “B” Zones—Integrated Housing Development

17 Residential “A” and “B” Zones—Integrated Housing Development

(1) Integrated housing development may, with the consent of the Council, be carried out on land within Zone No 2 (a) or 2 (b).

(2) The Council shall not grant consent to integrated housing development on an allotment of land within Zone No 2 (a) or 2 (b) unless it is satisfied that—

(a) each allotment on which a dwelling will be erected has an area of 232 square metres or more, and

(b) the development makes adequate provision with respect to the privacy of each proposed dwelling-house, and

(c) the development makes adequate provision with respect to solar access and access to natural light for each proposed dwelling-house, and

(d) the floor space ratio of each proposed dwelling-house will not exceed 0.5:1, and

(e) adequate arrangements can be made for the provision of water, sewerage and drainage services for each proposed dwelling-house.

18 Residential “A” and “B” Zones—Residential Flat Buildings, Villa Homes and Courtyard Houses and Units for Aged Persons

18 Residential “A” and “B” Zones—Residential Flat Buildings, Villa Homes and Courtyard Houses and Units for Aged Persons

(1) This clause applies to land within Zone No 2 (a) or 2 (b).

(2) The Council shall not grant consent to development—

(a) within Zone No 2 (a)—for the purposes of units for aged persons or villa homes and courtyard houses, or

(b) within Zone No 2 (b)—for the purposes of residential flat buildings, units for aged persons or villa homes and courtyard houses,

unless—

(c) it has considered a statement of environmental effects which has been prepared with regard to the Residential Design Guidelines set out in Schedule 1 and is satisfied with the likely environmental effect of the proposed development, and

(d) it is satisfied the development meets the aims, objectives, controls and guidelines set out in this plan.

(3) A statement of environmental effects referred to in subclause (2) must consist of a written statement supported by plans, diagrams, perspectives or models which clearly and accurately show the siting and design of the proposed building and works to be carried out on the development site, and also show—

(a) the location of residential buildings (if any), the floor levels of those buildings and window openings, and

(b) important outdoor recreational spaces and facilities,

on any adjoining site that shares a common property boundary with the proposed development site or that may be significantly affected in terms of loss of privacy, overshadowing and loss of views.

19 Residential “A” and “B” Zones—Development Adjacent to Railway Land

19 Residential “A” and “B” Zones—Development Adjacent to Railway Land

The Council, in granting consent to residential development located on land within Zone No 2 (a) or 2 (b) adjacent to the South Coast Railway Line or any associated feeder line, may impose conditions to enable the occupants of that development to achieve satisfactory internal acoustic privacy.

20 Residential “A” Zone—Development in the Gerringong Urban Release Area

20 Residential “A” Zone—Development in the Gerringong Urban Release Area

(1) This clause applies to land within Zone No 2 (a) shown with hatching on Sheet 7 of the map and which is known as the Gerringong urban release area.

(2) The Council shall not grant consent to the development of land to which this clause applies unless it is satisfied that—

(a) the disturbance of soils within the area, having regard to their type and to the location or topography of the land, will not significantly affect watercourses and the estuary and wetlands downstream of the land or the ecology of this waterway system, and

(b) the development and other existing and planned development within the Crooked River catchment area can be carried out without having a significant adverse environmental impact on the catchment, including the water quality of its groundwater, streams and estuary or the biodiversity of the catchment area, and

(c) suitable arrangements can be made for access to the land by vehicles, cyclists and pedestrians in a way that provides safe and efficient use of public thoroughfares which link in with the existing road and cycleway system and important public places such as commercial and recreational areas.

20A Residential “A” and “B” Zones—Development in the West Kiama Urban Release Area

20A Residential “A” and “B” Zones—Development in the West Kiama Urban Release Area

(1) This clause applies to land within Zone Nos 2 (a) or 2 (b) that is shown edged heavy black on the map marked “Kiama Local Environmental Plan 1996 (Amendment No 23)” and which is known as the West Kiama urban release area.

(2) The Council shall not grant consent to the development of land to which this clause applies for residential purposes (including subdivision) unless it is satisfied that the development is consistent with the following planning objectives for the West Kiama urban release area—

(a) To provide a defined urban edge to the southern and western boundaries of the Kiama town west of the Kiama Bypass that—

(i) is accessible to the community,

(ii) separates urban land from rural land to the south and west,

(iii) provides a visually attractive interface with rural land as viewed from rural and urban locations, and

(iv) respects natural landscape features within the area.

(b) To conserve and protect natural remnant vegetation and provide new plantings of endemic species of plants in both public and private lands.

(c) To protect cultural heritage.

(d) To protect and enhance the riparian corridor along the upper reaches of Willow Gully Creek.

(e) To ensure new urban development is designed to complement the character of the subject land having regard to existing natural landform, riparian features, remnant native vegetation and cultural heritage.

(f) To ensure new urban development is consistent with best practice neighbourhood and environmental design principles including—

(i) accessibility,

(ii) energy efficiency,

(iii) urban form and design in both the private and public realms,

(iv) livableness and neighbourhood character, and

(v) housing choice.

(g) To protect water quality in the Willow Gully Creek and Spring Creek catchments and natural ecosystems and biodiversity supported by these streams and associated waterbodies.

(h) To prevent residential development on flood prone land and protect existing development downstream of the subject land from exposure to changes in flood behaviour.

(i) To ensure residential development is carried out only on sites that are not contaminated by previous landuse or which are appropriately rehabilitated where site contamination has been detected.

(3) The Council shall not grant consent to development on land to which this plan applies unless—

(a) it is satisfied the land has been investigated and recommended as being suitable for development (with or without remediation) in a site contamination report, and

(b) where it has reason to believe that a site may be contaminated, the development, and any required site remediation, are consistent with recommendations in a site audit and site audit statement prepared in accordance with the Contaminated Land Management Act 1997.

Nothing in this subclause affects the application of State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 4 to land to which this clause applies.

(4) A person shall not alter or demolish (as defined in clause 42) a dry stone wall on land to which this clause applies except with the consent of the Council.

(5) A person shall not damage or destroy any Aboriginal site on land to which this clause applies except with any necessary consent or permission under the National Parks and Wildlife Act 1974.

cl 20A: Ins 26.3.1999. Am 2022 (72), Sch 1.22[1].

20B Development in the “Cedar Grove” urban release area

20B Development in the “Cedar Grove” urban release area

(1) This clause applies to land shown edged heavy black on the map marked “Kiama Local Environmental Plan 1996 (Amendment No 22)” and known as the “Cedar Grove” urban release area.

(2) The Council, in considering any development application for urban purposes on land to which this clause applies, is to ensure that the development is consistent with the following planning objectives for the “Cedar Grove” urban release area—

(a) a defined urban edge is created on the Kiama town boundaries that—

(i) provides an effective natural buffer separating urban land and agricultural land to the south, and

(ii) provides a visually attractive interface with rural land as viewed from rural and urban locations, and

(iii) has regard to natural landscape features within the area,

(b) the effective incorporation of three existing dwellings and their immediate residential curtilages into the subdivision design layout if they are retained,

(c) all road drainage and residential lots are connected to stormwater reticulation that is connected to a stormwater detention pond (if the Council is satisfied such a pond should be required) and water pollution control devices for treatment prior to discharge in order to protect the Willow Gully Creek and Spring Creek catchments and natural ecosystems and biodiversity supported by those streams and associated waterbodies,

(d) access is provided for fire fighting vehicles to perimeter rural land for bush fire fighting purposes,

(e) pedestrian ways and cycleways are provided within the residential estate that link with public land within and outside the estate, the existing residential estate on the northern side of Jamberoo Road and the township of Kiama,

(f) the part of the land to which this clause applies that is within Zone No 7 (b1) is to be revegetated and preserved as a natural riparian area to be enjoyed in connection with the proposed development,

(g) the preservation and restoration of the existing dry stone wall located on the western boundary of the land to which this clause applies,

(h) cleared rural land within Zone No 1 (a) on the southern fringe of the proposed residential estate is revegetated as a natural forested buffer area separating the residential estate from agricultural land on the plateau above the estate to the immediate south,

(i) effective screen planting and landscaping is provided along the southern side of Jamberoo Road adjacent to the proposed residential estate for town entry beautification and residential estate embellishment purposes,

(j) pedestrian and traffic safety is provided for at the point of access to the planned residential estate where it connects to Jamberoo Road,

(k) residential development in the proposed estate aims to achieve a minimum site density of 15 dwellings per hectare and is designed to complement the character of the subject land having regard to existing natural landform, riparian features, remnant native vegetation and cultural heritage,

(l) new urban development consistent with what the Council is satisfied are “best practice” neighbourhood and environmental design principles, including—

(i) accessibility,

(ii) energy efficiency,

(iii) urban form and design in both the private and public realms,

(iv) livableness and neighbourhood character, and

(v) housing choice, and

(m) residential development in the planned estate that is not located on flood prone land and is designed in a way that protects existing development downstream from flooding as a consequence of development in the proposed estate.

(3) A person must not alter or demolish (as defined in clause 42) a dry stone wall on land to which this clause applies except with the consent of the Council.

(4) A person must not damage or destroy any Aboriginal site on land to which this clause applies except with any necessary consent or permission under the National Parks and Wildlife Act 1974.

(5) Notwithstanding any other provision of this plan, a person, with the consent of the Council, may on land to which this clause applies, carry out development for the purpose of villa homes and courtyard housing to a maximum height of 2 storeys but only on lots created specifically for that purpose and identified as such in a plan of subdivision for which consent has been granted.

cl 20B: Ins 13.8.2004.

20C Particular development prohibited in Ocean Street, Kiama

20C Particular development prohibited in Ocean Street, Kiama

(1) This clause applies to land in Zone 2 (a) Residential “A” situated in Ocean Street, Kiama, being part of Lot 2, DP 740400.

(2) Despite any other provision of this plan, development for any of the following purposes is prohibited on the land—

(a) subdivision (other than for a purpose mentioned in subclause (3)),

(b) dual occupancy development (other than a granny flat),

(c) integrated housing development,

(d) units for aged persons,

(e) villa homes and courtyard houses.

(3) Consent is not required for a subdivision for the purpose only of any one or more of the following—

(a) widening a public road,

(b) making an adjustment to a boundary between lots, being an adjustment that does not involve the creation of a greater number of lots,

(c) a minor alignment of boundaries that does not create additional lots or the opportunity for additional dwellings,

(d) a consolidation of lots that does not create additional lots or the opportunity for additional dwellings,

(e) rectifying an encroachment on a lot,

(f) creating a public reserve,

(g) excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public conveniences.

cl 20C: Ins 2008 (637), Sch 1 [3].

Part 5 Business

Part 5 Business

21 General Business, Special Business (Heritage), Neighbourhood Business and Business (Tourist Related) Zones—Floorspace Ratios

21 General Business, Special Business (Heritage), Neighbourhood Business and Business (Tourist Related) Zones—Floorspace Ratios

A person shall not erect a building on land within a zone specified in Column I of the Table to this clause if the ratio of the floorspace of the building to the site area of the land on which the building is to be erected exceeds the ratio specified opposite that zone in Column II of that Table.

Table

| Column I | Column II | | Zone No 3 (a) | 1.5:1 | | Zone No 3 (b) | 0.6:1 | | Zone No 3 (c) | 0.5:1 | | Zone No 3 (d) | 1.5:1 |

22 General Business and Business (Tourist Related) Zones—Residential Flat Buildings

22 General Business and Business (Tourist Related) Zones—Residential Flat Buildings

(1) This clause applies to development for the purposes of a residential flat building in Zone No 3 (a) or 3 (d).

(2) The Council shall not grant consent for development for the purposes of a residential flat building unless—

(a) it has considered a statement of environmental effects which has been prepared with regard to the Residential Design Guidelines set out in Schedule 1 and is satisfied with the likely environmental effect of the proposed development, and

(b) it is satisfied the development meets the aims, objectives, controls and guidelines set out in this plan.

(3) A statement of environmental effects referred to in subclause (2) must consist of a written statement supported by plans, diagrams, perspectives or models which clearly and accurately show the siting and design of the proposed building and works to be carried out on the development site, and also show—

(a) the location of residential buildings (if any), the floor levels of those buildings and window openings, and

(b) important outdoor recreational spaces and facilities,

on any adjoining site that shares a common property boundary with the proposed development site or that may be significantly affected by the development in terms of loss of privacy, overshadowing or loss of views.

(4) The Council shall not grant consent to a residential flat building on a site within a zone specified in the Table below if the site area is less than the total of the minimum areas specified in the Table for each proposed dwelling.

Table

| Zone No 3 (a) | Zone No 3 (d) | | Dwelling Size (in gross floor area) | Minimum Site Area component per Dwelling | Dwelling Size (in gross floor area) | Minimum Site Area component per Dwelling | | Small < 60 m2 | 90 m2 | Small < 60 m2 | 80 m2 | | Medium 60–90 m2 | 120 m2 | Medium 60–90 m2 | 100 m2 | | Large > 90 m2 | 170 m2 | Large > 90 m2 | 140 m2 |

(5) The Council shall not grant consent to a residential flat building on land within a zone specified in the Table below unless a landscaped area is provided on the site that is no less than the total of the minimum landscaped areas specified in the Table for each proposed dwelling.

Table

| Zone No 3 (a) | Zone No 3 (d) | | Dwelling Size (in gross floor area) | Minimum Landscaped Area per Dwelling | Dwelling Size (in gross floor area) | Minimum Landscaped Area per Dwelling | | Small < 60 m2 | 20 m2 | Small < 60 m2 | 20 m2 | | Medium 60–90 m2 | 30 m2 | Medium 60–90 m2 | 30 m2 | | Large > 90 m2 | 40 m2 | Large > 90 m2 | 40 m2 |

23 General Business, Special Business (Heritage) and Neighbourhood Business Zones—Shops and Commercial Premises

23 General Business, Special Business (Heritage) and Neighbourhood Business Zones—Shops and Commercial Premises

(1) This clause applies to land within Zone No 3 (a), 3 (b) or 3 (c).

(2) Subject to subclause (4), where—

(a) a building is lawfully used, or has been lawfully constructed to be used, for the purposes of a shop of a particular kind, and

(b) the building could not, but for this clause, be used for the purposes of a shop of another kind or for the purposes of commercial premises except with development consent being obtained for that use,

the building may, without the necessity for development consent being obtained, be used for the purposes of a shop of another kind or for the purposes of commercial premises.

(3) Subject to subclause (4), where—

(a) a building is lawfully used, or has been lawfully constructed to be used, for the purposes of commercial premises of a particular kind, and

(b) the building could not, but for this clause, be used for the purposes of commercial premises of another kind or for the purposes of a shop except with development consent being obtained for that use,

the building may, without the necessity for development consent being obtained, be used for the purposes of commercial premises of another kind or for the purposes of a shop.

(4) Subclauses (2) and (3) do not authorise the use of a building for the purposes of a shop or commercial premises in which—

(a) publications classified Category 1 restricted, Category 2 restricted or RC under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth are shown, exhibited, displayed, sold or otherwise rendered accessible or available to the public, or

(b) a business to which section 578E of the Crimes Act 1900 applies is conducted.

(5) Where a building is used for the purpose of a shop or commercial premises in pursuance of this clause—

(a) the curtilage of the shop or commercial premises shall not be used for storage or display purposes, and

(b) the hours of operation of the shop or commercial premises shall not, in the case of a building used for the purposes of a shop or commercial premises immediately before the commencement of the use authorised by this clause, extend outside the hours during which the shop or commercial premises were so used at that time.

(6) Where, immediately before the commencement of a use of a building authorised by this clause, a condition relating to—

(a) the maintenance of landscaping, or

(b) the parking of vehicles, or

(c) the provision of space for the loading or unloading of goods or vehicles,

was imposed on the use of the building or the use of the land on which the building was erected, that condition applies to and in respect of the use of the building so authorised or the use of the land on which it is erected in the same way as it applies to and in respect of that former use.

23A Tourist and other facilities on land within Zone No 3 (b)—former Kiama Infants School site

23A Tourist and other facilities on land within Zone No 3 (b)—former Kiama Infants School site

(1) This clause applies to land within Zone No 3 (b) and situated at the corner of Minnamurra and Shoalhaven Streets, Kiama, being Lots 1 and 2, DP 869103, and known as the former Kiama Infants School site, as shown edged heavy black on the map marked “Kiama Local Environmental Plan 1996 (Amendment No 54)”.

(2) Despite the general objectives for Zone No 3 (b) as set out in the Land Use Table to clause 9, the objectives for the land to which this clause applies are as follows—

(a) to allow, with the consent of the Council, the erection of a tourist facility on the land, comprising two buildings, that provide tourist accommodation and related facilities, having—

(i) maximum heights of 4.5 and 2.5 storeys, respectively, above ground level, and

(ii) a maximum floorspace ratio of 1:1, exclusive of the former school,

(b) to encourage the conservation of the former school situated on the land and its conversion to an art gallery, including exhibition, conference and function rooms and associated amenities,

(c) to encourage public access, including disabled persons’ access, to the land and the former school,

(d) to ensure any proposed development of the land is of an appropriate design having regard to the need to retain the former school,

(e) to protect trees that the Council considers to be significant on, and adjacent to, the land,

(f) to prohibit the erection of a residential flat building on the land, even if the residential flat building is proposed to be attached to a commercial or retail building,

(g) to prohibit any proposed tourist accommodation building referred to in paragraph (a) being used as a residential flat building, even if the tourist accommodation building is attached to a commercial or retail building.

(3) Despite any other provision of this plan, the Council may consent to the erection of a tourist facility on the land to which this clause applies if the tourist facility provides for—

(a) the erection of a tourist accommodation building comprising hotel suites (located generally to the west of the former school) having—

(i) a maximum height of 4.5 storeys above ground level, and

(ii) a maximum roof height of RL 26.30m AHD, exclusive of parapets, plant rooms and lift towers, and

(b) the erection of a tourist accommodation building comprising serviced apartments (located generally to the east of the former school) having—

(i) a maximum average height of 2.5 storeys above ground level, taken as the average of the building heights at its southeastern and northwestern corners, and

(ii) a maximum height of 2 storeys adjacent to the Shoalhaven Street frontage, and

(iii) a maximum roof height of RL 17.10m AHD, exclusive of parapets, plant rooms and lift towers, and

(c) a public refreshment room, and

(d) the conservation of the former school and its conversion to an art gallery, including exhibition, conference and function rooms and associated amenities, and

(e) public access, including disabled persons’ access, to the land and the former school, and

(f) a maximum floorspace ratio of 1:1, exclusive of the former school.

(4) The Council must not grant consent to a development application for a tourist facility in accordance with subclause (3) unless it has considered—

(a) the height, scale, siting and design of the tourist accommodation buildings, and

(b) the relationship between the proposed tourist accommodation buildings and the former school, and

(c) the protection of trees that the Council considers to be significant on, and adjacent to, the land, and

(d) the impact of rail-related noise and vibration and any mitigation measures which may be incorporated into the development to overcome those impacts.

(5) Despite any other provision of this plan—

(a) residential flat buildings (even if attached to a commercial or retail building) are prohibited on the land to which this clause applies, and

(b) any proposed tourist accommodation building referred to in this clause (even if attached to a commercial or retail building) must not be used for the purpose of a residential flat building.

(6) In this clause—

the former school means the blue stone building formerly known as the Kiama Infants School.

cl 23A: Ins 14.6.2002.

23B Restrictions on certain development in Zone No 3 (a) or 3 (d) in the Kiama town centre and Zone No 3 (a) in the Gerringong town centre

23B Restrictions on certain development in Zone No 3 (a) or 3 (d) in the Kiama town centre and Zone No 3 (a) in the Gerringong town centre

(1) This clause applies to land in—

(a) Zone No 3 (a) or 3 (d) in the Kiama town centre, and

(b) Zone No 3 (a) in the Gerringong town centre.

(2) The Council must not consent to development for the purpose of the erection of a new building or the conversion of an existing building on the land unless—

(a) a significant part of the ground level (excluding any land used to provide vehicular access) will be available for business purposes including any associated business car parking, or

(b) any associated residential car parking will not be located at the ground level of the building or its curtilage.

(3) However, the Council may grant consent to such development if it is satisfied that—

(a) providing residential car parking at a level other than the ground level is impractical because of underlying geological or water table conditions or for civil engineering design reasons, or

(b) the scale of the proposed development is minor in the context of the remaining part of the land’s potential for further development, or

(c) the development will not inhibit or restrict the future development of the remaining ground level part of the land for business purposes and associated business car parking.

(4) Before granting consent to development mentioned in subclause (2), the Council must consider if any associated business or residential car parking area is designed in a way that—

(a) will enable a significant part of the ground level to be used, or to be capable of being used, for business purposes, and

(b) includes safety design features to protect pedestrians from car movements to and from the land, and

(c) includes good urban and architectural design outcomes that contribute positively to the town centre streetscape and enhances the attractiveness of the centre as a place to conduct business.

(5) In this clause—

dwelling includes a serviced apartment but excludes a room or suite of rooms in a boarding-house, hotel or motel.

residential car parking means car parking required for a dwelling of any type intended for occupation by—

(a) permanent residents, or

(b) semi-permanent residents or tenants under rental agreements or leases, or

(c) tourists, or

(d) small business operators who may occupy a dwelling for the conduct of their business.

cll 23B: Ins 2008 (637), Sch 1 [4].

23C Development on Lot 11, DP 626845, 1 Allowrie Street, Jamberoo (the Jamberoo RSL Hall site)

23C Development on Lot 11, DP 626845, 1 Allowrie Street, Jamberoo (the Jamberoo RSL Hall site)

(1) This clause applies to development for any of the following purposes on Lot 11, DP 626845, 1 Allowrie Street, Jamberoo (the Jamberoo RSL Hall site)—

(a) any alteration or addition to the existing RSL Hall building other than of a minor nature that does not impact on the Allowrie Street streetscape, the adjoining heritage item known as “Fredericks Store” or Reid Park,

(b) the erection of a building to replace the existing RSL Hall building, including any subsequent addition or alteration to the replacement building,

(c) any other form of development that is not routine maintenance or repairs.

(2) Despite any other provision of this plan, the Council must not consent to the development unless—

(a) it has considered a heritage impact assessment report, prepared by a qualified heritage consultant, submitted with the development application, and

(b) it is satisfied the design of the development—

(i) is in keeping with heritage conservation design guidelines in the report, and

(ii) has been prepared by a person with recognised heritage design skills, and

(iii) will achieve the aims mentioned in subclause (3).

(3) The report must provide heritage conservation design guidelines that, if followed, will protect—

(a) the historic streetscape in the vicinity of the land, including “Fredericks Store” and other nearby historic buildings, and

(b) the visual built landscape, in particular building facades or structures on the RSL Hall site, as viewed from Reid Park.

cll 23C: Ins 2008 (637), Sch 1 [4].

Part 6 Industrial

Part 6 Industrial

24 Extractive Industrial and Light Industrial Zones—Subdivision

24 Extractive Industrial and Light Industrial Zones—Subdivision

A person shall not subdivide land within Zone No 4 (b) or 4 (c) unless each allotment of land created has an area of not less than 840 square metres and an average width of not less than 21 metres.

25 Extractive Industrial and Light Industrial Zones—Development

25 Extractive Industrial and Light Industrial Zones—Development

(1) The Council shall not grant consent to development on land within Zone No 4 (b) or 4 (c) for the purpose of an industry unless it is satisfied that—

(a) satisfactory provision has been made to ensure safe and convenient ingress to and egress from the site for all vehicles using the site, and

(b) provision has been made on the site for the safe and convenient parking, turning, and manoeuvring of vehicles using the site, and

(c) ingress to and egress from the site will be in a forward direction for all vehicles, and

(d) adequate provision has been made for on-site landscaping, and

(e) adequate provision has been made on the site for the collection, storage and disposal of waste resulting from the industry, and

(f) suitable arrangements have been made for the connection of a water supply, the disposal of sewage, and the collection, control and management of stormwater drainage from the site, and

(g) the dimensions of the site are sufficient to cater for the specific requirements of the industry.

(2) A person shall not erect a building on land within a zone specified in Column I of the Table to this clause if the ratio of the floor space of the building to the site area of the land on which the building is to be erected exceeds the ratio specified opposite that zone in Column II of that Table.

Table

| Column I | Column II | | Zone No 4 (b) | 0.7:1 | | Zone No 4 (c) | 0.6:1 |

25A Development within Zone No 4 (c) in Willow Gully Creek and Spring Creek catchments

25A Development within Zone No 4 (c) in Willow Gully Creek and Spring Creek catchments

(1) This clause applies to land within Zone No 4 (c), being Lot 17 DP 708075 and Lot 5 DP 748680, Kiama.

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

(a) to prohibit development for certain purposes on the land to which this clause applies that would otherwise be permissible on land within Zone No 4 (c) so as to avoid adverse environmental impact on the Willow Gully Creek catchment or the Spring Creek catchment,

(b) to allow development on the land to which this clause applies for a purpose permitted within Zone No 4 (c) that is not prohibited under this clause, or for the purpose of a printery, only if it is not likely to pose a hazard or threat to the Willow Gully Creek catchment or the Spring Creek catchment,

(c) to protect the amenity of residential areas located near the land to which this clause applies,

(d) to protect the visual landscape and natural ecological value of the Willow Gully Creek catchment and the natural ecological value of the Spring Creek catchment.

(3) Despite the land uses for Zone No 4 (c) as set out in the Land Use Table to clause 9, the Council may consent to development for the purpose of a printery on land to which this clause applies.

(4) Despite any other provision of this plan, development for any of the following purposes is prohibited on land to which this clause applies—

(a) car repair stations, motor showrooms, liquid fuel depots, service stations, transport terminals,

(b) light industries (other than printeries) that manufacture, or produce as a by-product, or that process or package or otherwise use, or that store on-site, petroleum, oil products, solvents, paints, fertilizers, chemicals, or any other toxic or hazardous substance, or any substance of a like kind, whether solid, liquid or gas,

(c) warehouses used for storing any substance referred to in paragraph (b),

(d) generating works, sawmills, junkyards.

(5) In deciding whether or not to grant consent to development on land to which this clause applies for a purpose permitted on land within Zone No 4 (c) or for the purpose of a printery, the Council must have regard to the following—

(a) the potential for the development or its associated activities or processes to threaten the ecology of the Willow Gully Creek catchment or the Spring Creek catchment (taking into account, for example, the potential for substances to be stored at the site to threaten the water quality of these areas if introduced, accidentally or otherwise, into the environment, or the potential for the development or its associated activities or processes to involve the clearing of native vegetation in these areas),

(b) whether adequate environmental safeguards will be implemented in relation to the proposed development and its associated activities and processes (especially in relation to substances which, if not effectively controlled or managed on site, may pose a threat to the ecology of the Willow Gully Creek catchment or the Spring Creek catchment),

(c) whether adequate arrangements will be in place for the treatment, storage and disposal of waste products associated with the development (in particular, whether such arrangements are in keeping with environmental practices and procedures that may be required by any regulatory authority including the Council),

(d) whether the site will be connected to a sewer servicing the site,

(e) whether adequate measures will be implemented to enable stormwater and other run-off from vehicular driveways, parking areas and other hard stand areas and paved storage areas on the site to be treated effectively on the site,

(f) the potential for activities and processes associated with the development to have a detrimental effect on the amenity of nearby residential areas by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil, or otherwise.

(6) The Council must not grant consent to development on land to which this clause applies for a purpose permitted on land within Zone No 4 (c) or for the purpose of a printery unless the Council is satisfied that the development—

(a) will not pose a hazard or threat to the Willow Gully Creek catchment or the Spring Creek catchment, and

(b) will not impact adversely on the amenity of nearby residential areas, and

(c) will not impact adversely on the visual landscape.

(7) The Council, in granting consent to development on land to which this clause applies, may impose conditions prohibiting the use, creation, storage or generation of any substance.

(8) The Council, in granting consent to development on Lot 5, DP 748680, Kiama, may impose conditions requiring the rehabilitation of those parts of the wetlands buffer and riparian corridor (as shown on the map marked “Kiama Local Environmental Plan 1996 (Amendment No 52)”) within or adjacent to the boundaries of the Lot in a manner that is designed—

(a) to minimise the visual impact of the development as viewed from nearby residences and public roads, and

(b) to enhance the ecological value of the Willow Gully Creek and the Spring Creek catchments, and

(c) to enhance local biodiversity values (including connectivity and habitat values).

cl 25A: Ins 15.8.2003.

Part 7 Special uses

Part 7 Special uses

26 Special Uses (Railway) Zone—Development

26 Special Uses (Railway) Zone—Development

Notwithstanding any other provision of this plan, the Council may grant consent to development on land within Zone No 5 (b) for any purpose permitted on adjoining land in another zone provided it is satisfied that—

(a) the proposed development will not have a detrimental effect on existing planning strategies being pursued in the locality, and

(b) the proposed development will be compatible with the nature of any existing development and meets the objectives of the adjoining zone, and

(c) the proposed development will not have a significant detrimental environmental impact on the locality.

Part 8 Environmental protection

Part 8 Environmental protection

27 Rural Environmental Protection (Estuarine Wetlands) Zone—Subdivision

27 Rural Environmental Protection (Estuarine Wetlands) Zone—Subdivision

(1) A person shall not subdivide land within Zone No 7 (b) unless each allotment of land created by the subdivision has an area of not less than 40 hectares.

(2) The Council shall not grant consent to the subdivision of land within Zone No 7 (b) if the Council is satisfied the allotments are intended to be used for residential purposes.

28 Rural Environmental Protection (Estuarine Wetlands) Zone—Development in the Vicinity

28 Rural Environmental Protection (Estuarine Wetlands) Zone—Development in the Vicinity

The filling or drainage of land shall not be carried out on any land within 30 metres of land within Zone No 7 (b) without the consent of the Council.

29 Rural Environmental Protection (Wetlands Buffer) Zone—Development in the Spring Creek Catchment

29 Rural Environmental Protection (Wetlands Buffer) Zone—Development in the Spring Creek Catchment

Notwithstanding any other provision of this plan, the Council may grant consent to attached dwelling dual occupancy development and development for the purposes of dwelling-houses, home hosting or land clearing on land within Zone No 7 (b1) in the Spring Creek catchment at Kiama.

30 Rural Environmental Protection (Scenic) Zone—Subdivision

30 Rural Environmental Protection (Scenic) Zone—Subdivision

(1) A person shall not subdivide land, including subdivision for the purpose of opening a road, within Zone No 7 (d) except with the consent of the Council.

(2) The Council shall not consent to the subdivision of land within Zone No 7 (d) unless it has obtained all relevant information in relation to, and has made an assessment of—

(a) the primary purpose for which each allotment is intended to be used, and

(b) if that purpose is agriculture, the form of agriculture for which the allotment is intended to be used.

(3)–(5) (Repealed)

(6) A person may, with the consent of the Council, subdivide land within Zone No 7 (d) to create allotments each having an area of at least 40 hectares for the purpose of the erection of a dwelling-house on each allotment.

(7) The Council shall not grant consent to an application to subdivide land within Zone No 7 (d) unless it has considered—

(a) the relationship of the proposed allotments to be created by the subdivision to adjacent or adjoining allotments and the practicality of consolidating the adjoining allotments with that land, and

(b) the quality of the land and the potential agricultural productivity of the land if it remains un-subdivided, and

(c) the likely impact of the subdivision on the landscape, vegetation, soil resources and stability and water resources (including the quality of watercourses, ground water storage and riparian rights), and the cumulative impact of the development on surface and ground-water quality and quantity and on the physical and biological functions of watercourses and riparian corridors, and

(d) in relation to each proposed allotment—

(i) the size, quality and potential agricultural productivity of the allotment, and

(ii) its relationship to, and effect on, the structure and nature of agricultural industries in the area, and

(iii) the purpose for which the allotment is intended to be used and the purposes for which, in the opinion of the Council, the allotment is suitable to be used, also having regard to the land uses undertaken on adjacent and adjoining holdings and other holdings in the vicinity, and

(iv) the cumulative effect of similar proposals if consent is granted, and

(v) the likelihood of the allotment remaining available for agriculture, and

(vi) slip hazard, and

(e) the potential for adverse visual and traffic impacts to be caused by the subdivision and subsequent ribbon development along roads, and

(f) any adverse impacts the access to the land to be subdivided and to lots resulting from the subdivision may have on the proper functioning and safety of other roads in the immediate vicinity.

(8) A person may, without the consent of the Council, subdivide land within Zone No 7 (d) if the subdivision is for any one or more of the following purposes—

(a) to widen a public road,

(b) to make minor adjustments to common property boundaries,

(c) to rectify an encroachment on a lot, portion or parcel of land.

cl 30: Am 24.12.1997; 7.1.2005; 2008 (128), Sch 1.40 [8].

31 Rural Environmental Protection (Scenic) Zone—Dwelling-houses

31 Rural Environmental Protection (Scenic) Zone—Dwelling-houses

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

(2) A person shall not erect a dwelling-house or carry out dual occupancy development on land to which this clause applies except in accordance with this clause.

(3) Where land to which this clause applies does not have a dwelling-house erected on it, a person may, with the consent of the Council, erect a dwelling-house or carry out dual occupancy development if the land—

(a) has an area of not less than 40 hectares, or

(b) comprises the whole of an existing holding (or an existing holding affected only by a subdivision carried out in accordance with clause 30 (8)), being an existing holding that has an area of not less than 20 hectares and the Council is satisfied that—

(i) there will be adequate vehicular access to the dwelling-house or dwellings, and

(ii) the erection of the dwelling-house or dwellings will not create or increase ribbon development along an arterial road, or

(c) (Repealed)

(d) is an allotment created with the consent of the Council, being an allotment referred to in clause 18 (3) (e) of Kiama Local Environmental Plan No 5 as in force immediately before its repeal by this plan, or

(e) is a concessional allotment within the meaning of paragraph (a) of the definition of concessional allotment in clause 16 (2) of Kiama Local Environmental Plan No 5 as in force immediately before its repeal by this plan, or

(f) is an allotment having an area of less than 40 hectares and was created under the provisions of clause 32 (1) of the Kiama Planning Scheme Ordinance.

(4) Where a person owns—

(a) a lot, portion or parcel of land, or

(b) two or more adjoining or adjacent lots, portions or parcels of land,

being land to which this clause applies, the person may, with the consent of the Council, erect one additional dwelling-house on that land for use as a rural worker’s dwelling where the Council is satisfied that the additional dwelling-house will be actually occupied by a person employed or engaged by the owner of the land in the use of the land for the purposes of agriculture and that separate ownership of the proposed dwelling could only be achieved by a subdivision of the land in accordance with clause 30.

(5) The Council shall not grant consent for a rural worker’s dwelling in accordance with subclause (4) if a rural worker’s dwelling already exists on the land, or another dwelling exists on the land or on adjoining land in the same ownership which is being used to accommodate rural workers engaged in carrying out agriculture on the land to which the application for consent applies.

(6) The Council may only grant consent for a rural worker’s dwelling in accordance with subclause (4) if—

(a) it is satisfied the rural worker’s dwelling is justified having regard to the nature and scale of the agricultural enterprise and the need for accommodating rural workers on the land, and

(b) the rural worker’s dwelling is to be located on the same allotment of land as the principal owner’s residence, and is designed in a way that architecturally integrates with existing residential development on the land, where the buildings are located in close proximity to each other.

(7) In granting consent to the erection of a rural worker’s dwelling in accordance with subclause (4), the Council may require that—

(a) the rural worker’s dwelling may only be occupied by a person engaged as an employee of the person carrying out agriculture, or by a relative who assists the person carrying out agriculture, on the land, and

(b) the rural worker’s dwelling is designed and constructed so that it may be removed from the site when the use of the land for agriculture ceases, and

(c) when it reasonably forms the opinion that the rural worker’s dwelling is no longer being lawfully used by the person carrying out agriculture on the land for its intended purpose, the rural worker’s dwelling must be removed from the land or the dwelling must be rendered incapable of residential occupation (and its use limited to agricultural or storage purposes) or be left vacant.

(8) A person may, with the consent of the Council, erect a dwelling-house on land to which this clause applies and on which another dwelling-house is erected if the dwelling-house is intended to wholly replace the other dwelling-house which is to be demolished or removed from the site.

(9) The Council shall not grant consent as referred to in subclause (8) unless it is of the opinion that the proposed dwelling will not interfere with the purpose for which the land concerned is being used.

Note—

Clause 11A provides for the erection of dwelling-houses on any lots created before the commencement of the State Environmental Planning Policy (Rural Lands) 2008.

cl 31: Am 24.12.1997; 2008 (128), Sch 1.40 [9]–[11].

32 Rural Environmental Protection (Scenic), (Hinterland) and (Foreshore Protection) Zones—Development

32 Rural Environmental Protection (Scenic), (Hinterland) and (Foreshore Protection) Zones—Development

(1) The Council shall not grant consent to development on land within Zone No 7 (d), 7 (e) or 7 (f) (other than the subdivision of land) unless it has taken into account the effect that the proposed development will have on the agricultural viability of that land and land in the vicinity of that land.

(2) The Council shall not grant consent to development on land within Zone No 7 (d), 7 (e) or 7 (f) unless it has considered—

(a) the effect of the proposed development on agricultural and other land uses undertaken on adjacent and adjoining holdings and other holdings in the vicinity, and

(b) the quality of the land and the potential agricultural productivity of the land, and

(c) the likely impact of the proposed development on the landscape, vegetation, soil resources and stability and water resources (including the quality of watercourses, ground water storage and riparian rights), and the cumulative impact of the development on surface and ground water quality and quantity, and on the physical and biological functions of watercourses and riparian corridors, and

(d) the effects of the proposed development on the structure and nature of agricultural industries in the area, and

(e) the traffic generating effects of the development on access roads, and

(f) the likelihood of the land remaining available for agriculture, and

(g) the cumulative effect of similar proposals if consent is granted.

33 Rural Environmental Protection (Hinterland) and (Foreshore Protection) Zones—Subdivision

33 Rural Environmental Protection (Hinterland) and (Foreshore Protection) Zones—Subdivision

(1) The Council shall not consent to the subdivision of land within Zone No 7 (e) or 7 (f), except in accordance with subclause (2), unless each allotment of land to be created by the subdivision has an area of not less than 40 hectares.

(2) The Council may grant consent to the subdivision of land in Zone No 7 (e) or 7 (f) to create an allotment with an area of less than 40 hectares where it is satisfied the subdivision is not intended for the purpose of creating an allotment for a dwelling-house or dual occupancy development.

(3) Where the Council is of the opinion that a proposed allotment the subject of an application for consent is intended to be used for—

(a) the erection of a dwelling-house or dual occupancy development, the Council shall not grant consent unless allowed by subclause (1), or

(b) any other purpose, the Council shall not grant consent unless it prohibits the erection of a dwelling-house or dual occupancy development on each allotment created by the subdivision.

(4) The Council shall not grant consent to an application to subdivide land within Zone No 7 (e) or 7 (f) unless it has considered—

(a) the relationship of the proposed allotments to be created by the subdivision to adjacent or adjoining allotments and the practicality of consolidating the adjoining allotments with that land, and

(b) the quality of the land and the potential agricultural productivity of the land if it remains un-subdivided, and

(c) the likely impact of the subdivision on the landscape, vegetation, soil resources and stability and water resources (including the quality of watercourses, groundwater storage and riparian rights), and the cumulative impact of the development on the landscape and on surface and ground water quality and quantity, and on the physical and biological functions of watercourses and riparian corridors,

(d) in relation to each proposed allotment—

(i) the size, quality and potential agricultural productivity of the allotment, and

(ii) its relationship to, and effect on, the structure and nature of agricultural industries in the area, and

(iii) the purpose for which the allotment is intended to be used and the purposes for which, in the opinion of the Council, the allotment is suitable to be used, also having regard to the land uses undertaken on adjacent and adjoining holdings and other holdings in the vicinity, and

(iv) the cumulative effect of similar proposals if consent is granted, and

(v) the likelihood of the allotment remaining available for agriculture, and

(vi) slip hazard, and

(vii) bush fire hazard, and

(e) the potential for adverse visual and traffic impacts to be caused by the subdivision and any access road linking with an arterial road and subsequent ribbon development along roads, and

(f) any adverse impacts the access to the land to be subdivided and to lots resulting from the subdivision may have on the proper functioning and safety of other roads in the immediate vicinity.

34 Rural Environmental Protection (Hinterland) and (Foreshore Protection) Zones—Dwelling-houses

34 Rural Environmental Protection (Hinterland) and (Foreshore Protection) Zones—Dwelling-houses

(1) This clause applies to land within Zone No 7 (e) or 7 (f).

(2) A person shall not erect a dwelling-house or carry out dual occupancy development on land to which this clause applies except in accordance with this clause.

(3) Where land to which this clause applies does not have a dwelling-house erected on it, a person may, with the consent of the Council, erect a dwelling-house or carry out dual occupancy development if the land—

(a) has an area of not less than 40 hectares, or

(b) comprises the whole of an existing holding, being an existing holding that has an area of not less than 20 hectares, and the Council is satisfied that—

(i) there will be adequate vehicular access to the dwelling-house or dwellings, and

(ii) the erection of the dwelling-house or dwellings will not create or increase ribbon development along an arterial road, and

(iii) adequate public utility services are or will be available to the land, or

(c) is an allotment created with the consent of the Council, being an allotment referred to in clause 18 (3) (e) of Kiama Local Environmental Plan No 5 as in force immediately before its repeal by this plan, or

(d) is a concessional allotment within the meaning of paragraph (a) of the definition of concessional allotment in clause 16 (2) of Kiama Local Environmental Plan No 5 as in force immediately before its repeal by this plan, or

(e) is an allotment having an area of less than 40 hectares and was created under the provisions of clause 32 (1) of the Kiama Planning Scheme Ordinance.

(4) A person may, with the consent of the Council, erect a dwelling-house on land to which this clause applies and on which another dwelling-house is erected if the dwelling-house is intended to wholly replace the other dwelling-house which is to be demolished or removed from the site.

(5) Where a person owns—

(a) a lot, portion or parcel of land, or

(b) two or more adjoining or adjacent lots, portions or parcels of land,

being land to which this clause applies, the person may, with the consent of the Council, erect one additional dwelling-house on that land for the purposes of a rural worker’s dwelling where the Council is satisfied that the additional dwelling-house will be actually occupied by a person employed or engaged by the owner of the land in the use of the land for the purposes of agriculture and that separate ownership of the proposed dwelling could only be achieved by a subdivision of the land in accordance with clause 33.

(6) The Council shall not grant consent for a rural worker’s dwelling in accordance with subclause (5) if a rural worker’s dwelling already exists on the land, or another dwelling exists on the land or on adjoining land in the same ownership which is being used to accommodate rural workers engaged in carrying out agriculture on the land to which the application for consent applies.

(7) The Council may only grant consent for a rural worker’s dwelling in accordance with subclause (5) if—

(a) it is satisfied the rural worker’s dwelling is justified having regard to the nature and scale of the agricultural enterprise and the need for accommodating rural workers on the land, and

(b) the rural worker’s dwelling is to be located on the same allotment of land as the principal owner’s residence, and is designed in a way that architecturally integrates with existing residential development on the land, where the buildings are located in close proximity to each other.

(8) In granting consent to the erection of a rural worker’s dwelling in accordance with subclause (5), the Council may require that—

(a) the rural worker’s dwelling may only be occupied by a person engaged as an employee of the person carrying out agriculture, or by a relative who assists the person carrying out agriculture, on the land, and

(b) the rural worker’s dwelling is designed and constructed so that it may be removed from the site when the use of the land for agriculture ceases, and

(c) when it reasonably forms the opinion that the rural worker’s dwelling is no longer being lawfully used by the person carrying out agriculture on the land for its intended purpose, the rural worker’s dwelling must be removed from the land or the dwelling must be rendered incapable of residential occupation (and its use limited to agricultural or storage purposes) or be left vacant.

cll 34: Am 24.12.1997.

35 Rural Environmental Protection (General) Zone—Development on nearby Land

35 Rural Environmental Protection (General) Zone—Development on nearby Land

(1) Except as provided by clause 36, a person shall not, without the consent of the Council, on land within a distance of 100 metres from the boundary of land within Zone No 7 (l), erect a building, disturb or alter any land form or disturb, remove, damage or destroy any native flora, or dispose of or dump any liquid, gaseous or solid matter.

(2) Nothing in this clause requires the consent of the Council for—

(a) the eradication of noxious weeds, or

(b) the removal of leaf litter, shed bark or grasses for the purpose of reducing the risk of bush fire.

(3) The Council shall not consent to an application for consent required by subclause (1) unless it is satisfied that there is no other place outside the zone on which the development might suitably be located or occur.

36 Development of Certain Land Near Blue Angle Creek, Gerroa

36 Development of Certain Land Near Blue Angle Creek, Gerroa

(1) This clause applies to land within 100 metres of the edge of littoral rainforest within the boundaries of Lot 22, DP 511283, but not within that Lot as shown by the broken line on the map.

(2) Notwithstanding any other provision of this plan, a person must not, without the consent of the Council, erect a building, disturb or alter any land form, disturb, remove, damage or destroy any native flora, or dispose of or dump any liquid, gaseous or solid matter, on land to which this clause applies.

(3) The Council must not consent to development of the kind referred to in subclause (2) unless it is satisfied that there is no other place outside the land to which this clause applies on which the development might suitably be carried out.

(4) Nothing in this clause requires the consent of the Council for—

(a) to eradicate noxious weeds, or

(b) to remove leaf litter, shed bark or grasses for the purpose of reducing the risk of bush fire.

37 Areas of High Conservation Value—Development

37 Areas of High Conservation Value—Development

(1) The objectives of identifying land as an area of high conservation value are—

(a) to conserve environmentally important land having ecological, scientific, faunal, floristic or aesthetic values, and

(b) to preserve intact rainforests and promote regenerating rainforest areas which are of significance, and

(c) to preserve areas of significant vegetation stands and to promote the regeneration of forests and eradication of vegetation which competes with native flora, and

(d) to protect wildlife and associated habitats and to protect and promote wildlife corridors, and

(e) to exclude activities which would prejudice the ongoing conservation or rehabilitation of land referred to in paragraph (a), and

(f) to encourage and allow activities which will meet the conservation objectives, and

(g) to protect water sources that are to be used for drinking water purposes.

(2) Development in an area of high conservation value is prohibited other than for the purposes of a public road, care-giving services, cottage industries carried out in association with a dwelling, the regeneration of native forests, removal of noxious weeds, removal of nominated exotic plants and development allowed by clause 38.

(3) The Council must not consent to development for the purposes of a public road on any land within a zone that is in an area of high conservation value unless it is satisfied that—

(a) there is no alternative site for the proposed development on land within an adjoining zone, and

(b) there is no reasonable alternative site for the proposed development on land within the zone that is not in an area of high conservation value, and

(c) the proposed development will not have a detrimental impact on the visual quality of the area, and

(d) the proposed development will be designed and sited so as to be visually unobtrusive from any other public place, and

(e) the amount of vegetation proposed to be removed is as little as possible, and

(f) the proposed development will not be subject to slip hazard.

(4) The Council may decline to consent to development within an area of high conservation value until it has considered a site plan of an appropriate scale clearly and accurately showing the boundary of any forest edge and stands of remnant forest existing on the subject land to enable it to properly assess the impact of the proposed development on that vegetation and the biodiversity it supports.

(5) The Council must not consent to development on land adjoining an area of high conservation value if the Council considers that, because of the proposed development, the objectives of the area will not be met.

cll 37: Am 24.12.1997.

38 Areas of High Conservation Value—Dwellings

38 Areas of High Conservation Value—Dwellings

(1) Except as provided by subclause (2) a person shall not erect a dwelling-house, an attached dwelling resulting from dual occupancy development or a building ancillary to such dwellings on land within an area of high conservation value.

(2) A person may, with the consent of the Council, erect a dwelling-house or an attached dwelling on an allotment of land within an area of high conservation value if the land—

(a) has an area of not less than 40 hectares, or

(b) comprises the whole of an existing holding, being an existing holding that has an area of not less than 20 hectares, and the Council is satisfied that—

(i) there will be adequate vehicular access to the dwelling, and

(ii) the erection of the dwelling will not create or increase ribbon development along an arterial road, and

(iii) adequate services are or will be available to the land, or

(c) is an allotment created with the consent of the Council, being an allotment referred to in clause 18 (3) (e) of Kiama Local Environmental Plan No 5 as in force immediately before its repeal by this plan, or

(d) is a concessional allotment within the meaning of paragraph (a) of the definition of concessional allotment in clause 16 (2) of Kiama Local Environmental Plan No 5 as in force immediately before its repeal by this plan, or

(e) is an allotment created before 21 August 1981 in accordance with clause 32 (1) of the Kiama Planning Scheme Ordinance before its repeal, or

(f) is an allotment having an area of less than 40 hectares, but not less than 20 hectares, created in accordance with the Kiama Planning Scheme Ordinance before its repeal.

(3) The Council shall not grant consent to the erection of a dwelling-house, an attached dwelling or another building referred to in subclause (1) on any land within a zone that is in an area of high conservation value unless it is satisfied that—

(a) there is no alternative site on land within a more appropriate zone, and

(b) there is no reasonable alternative site for the proposed development on land within the zone that is not in an area of high conservation value, and

(c) the proposed development will not have a detrimental impact on the visual quality of the locality, and

(d) any building and access thereto will be designed and sited so as to be visually unobtrusive from any public place, and

(e) the amount of any vegetation proposed to be removed is as little as possible, and

(f) the proposed development will not be subject to slip hazard, and

(g) the proposed development will not be subject to an unacceptable level of bush fire risk, and

(h) any fire protection, in relation to the proposed development, can be achieved by bush fire mitigation and building design methods which do not adversely impact on the visual landscape or the habitat of threatened or endangered species that may exist in the vicinity of the proposed development.

(4) The Council shall not grant consent as referred to in subclause (2) unless it has taken into account—

(a) the impact of the proposed development on the movement of native fauna, and

(b) the impact of the proposed development on any rare or significant flora, and

(c) the impact of the proposed development on any rare or significant fauna, and

(d) the impact of the proposed development on any rare or significant native habitats, and

(e) the potential the proposed development may have for impact on adjacent or adjoining land under the control of the National Parks and Wildlife Service, and

(f) the impact of the proposed development on the quality of surface and ground waters.

(5) The Council shall not grant consent as referred to in subclause (2) where the proposed development will affect or is likely to affect aquatic habitats unless it has consulted with and taken into account—

(a) the impact of the proposed development on fish, crustaceans and molluscs, and

(b) the impact of the proposed development on the marine environment of aquatic areas and their ecology.

cll 38: Am 24.12.1997.

39 Rural Environmental Protection (Estuarine Wetlands), (Wetlands Buffer), (Scenic), (Hinterland) and (Foreshore Protection) Zones—Consideration of Natural Environmental Attributes

39 Rural Environmental Protection (Estuarine Wetlands), (Wetlands Buffer), (Scenic), (Hinterland) and (Foreshore Protection) Zones—Consideration of Natural Environmental Attributes

The Council shall not grant consent to development on land within Zone No 7 (b), 7 (b1), 7 (d), 7 (e), 7 (f) or 7 (l) unless it has considered the effect of the development on—

(a) the protection of rare and endangered flora and fauna species and the protection of habitats for native flora and fauna, and

(b) the protection of wildlife corridors and vegetation links with other nearby bushland, and

(c) the protection of bushland as a natural stabiliser of the soil surface and the protection of existing landforms such as natural drainage lines, watercourses and foreshores, and

(d) the protection of bushland for scenic values and the retention of the unique visual identity of the landscape, and

(e) the cumulative impact of a series of development proposals.

40 Rural Environmental Protection (Scenic), (Hinterland) and (Foreshore Protection) Zones—Tree Plantation and Harvesting

40 Rural Environmental Protection (Scenic), (Hinterland) and (Foreshore Protection) Zones—Tree Plantation and Harvesting

(1) This clause applies to lawfully cleared land within Zone No 7 (d), 7 (e) or 7 (f).

(2) The Council shall not consent to development for the purposes of a tree plantation and harvesting on land to which this clause applies unless it is satisfied that—

(a) trees to be planted are local endemic species similar to those found naturally occurring in adjoining native forests, and

(b) the plantation will be properly managed in accordance with a plan of management, and

(c) an access road is already available or can be provided without adversely affecting other stands of existing native forest or causing unacceptable adverse environmental impact (where such road is for the purpose of providing access to the plantation for planting, ongoing management and harvesting purposes), and

(d) the harvesting of timber on maturity will be carried out in an environmentally sensitive manner which—

(i) does not involve clear felling of the forest and is in keeping with sound forestry practices, and

(ii) prevents erosion and the sedimentation of watercourses, and

(iii) utilises roads and routes determined by the Council to be acceptable for use by heavy logging equipment and trucks, and

(iv) preserves the amenity of local residents in terms of the time that noisy forestry activities are conducted, and

(e) any bush fire hazard reduction area and activities will be confined to identified parts of the plantation site at its inception and not involve existing forested areas adjoining the site.

Part 9 Heritage

Part 9 Heritage

41 Heritage aims and objectives

41 Heritage aims and objectives

The aims and objectives of this Part are—

(a) to conserve the environmental heritage of the land to which this plan applies, and

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

(c) to provide for public involvement in conservation of the area’s environmental heritage, and

(d) to ensure that new development is undertaken in a manner that is sympathetic to, and does not detract from, the heritage significance of heritage items and their settings, as well as streetscapes and landscapes and the distinctive character that they impart to the land to which this plan applies.

42 Definitions

42 Definitions

(1) In this Part—

alter, in relation to a heritage item or to a building or work within a heritage conservation area, means make structural changes to the outside of the heritage item, building or work, or make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, building or work other than changes to the existing detail, fabric, finish or appearance of the outside of the heritage item, building or work that arise only from maintenance.

conservation plan means a document establishing the significance of a heritage item and identifying the policies that are appropriate to enable that significance to be retained in its future use and development.

demolish, in relation to a heritage item or to a building, work, relic or place within a heritage conservation area, means damage, deface, destroy, pull down or remove the heritage item, building, work, relic or place in whole or in part.

heritage conservation area means land shown edged heavy black and marked “Heritage Conservation Area” on the map.

heritage item means a building, work, relic, tree or place described in Schedule 2.

heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.

maintenance means the protective care of the fabric of a heritage item and its setting.

potential historical archaeological site means land identified on the map as a potential historical archaeological site.

relic means any deposit, object or material evidence (terrestrial or underwater) relating to the use or settlement of the area of Kiama which is 50 or more years old.

43 Conservation incentives

43 Conservation incentives

(1) Nothing in this plan prevents the Council from granting consent to—

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

(b) the use, for any purpose, of a building within a heritage conservation area or of the land on which the building is erected,

if it is satisfied that—

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

(d) the conservation of the building depends on the Council granting consent.

(2) When considering an application for consent to erect a building on land on which there is situated a building which is a heritage item, the Council may—

(a) for the purpose of determining the floor space ratio, and

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

exclude from its calculation of the floor space of the buildings erected on the land the floor space of the item, but only if the Council is satisfied that the conservation of the building depends upon the Council granting consent.

44 Development in the vicinity of heritage items

44 Development in the vicinity of heritage items

The Council must not grant consent to an application to carry out development on land in the vicinity of a heritage item unless it has made an assessment of the effect the carrying out of that development will have on the heritage significance of the item and its setting.

45 Heritage conservation areas

45 Heritage conservation areas

(1) A person must not, in respect of a heritage conservation area—

(a) demolish or alter a building or work within the area, or

(b) damage or move a relic within the area, or

(c) excavate for the purpose of exposing a relic within the area, or

(d) damage or despoil a place within the area, or

(e) erect a building on or subdivide land within the area,

except with the consent of the Council.

(2) The Council must not grant consent to an application required by subclause (1), being an application for consent to erect a new building or to alter an existing building, unless the Council has made an assessment of—

(a) the pitch and form of the roof, and

(b) the style, size, proportion and position of the openings for windows and doors, and

(c) whether the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building are compatible with the materials used in the existing buildings in the heritage conservation area.

46 Heritage items

46 Heritage items

(1) A person must not, in respect of a building, work, relic, tree or place that is a heritage item—

(a) demolish or alter the building or work, or

(b) damage or move the relic, or

(c) excavate for the purpose of exposing the relic, or

(d) damage or despoil the place or tree, or

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

(f) damage any tree on land on which the building, work or relic is situated or on the land which comprises the place,

except with the consent of the Council.

(2) The Council must not grant consent to a development application required by subclause (1) unless it has taken into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the item and any stylistic or horticultural features of its setting.

(3) The Council may decline to grant consent to a development application required by subclause (1) until it has considered a conservation plan to enable the Council to fully consider the heritage significance of the item and the impact of the proposed development on the significance of the item and its setting.

(4), (5) (Repealed)

Note—

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

cl 46: Am 2008 (571), Sch 3.96 [1] [2].

47 Sites having conservation potential

47 Sites having conservation potential

Where the Council receives an application to carry out development on land which comprises a potential historical archaeological site, the Council must not grant consent unless—

(a) it has considered a conservation plan which includes an assessment of how the proposed development would affect the conservation of the site, and

(b) in the case of development involving the disturbance or excavation of the land, any excavation permit required under Division 9 of Part 6 of the Heritage Act 1977 has been obtained.

Part 9A Master plan development

Part 9A Master plan development

pt 9A: Ins 7.1.2005.

47AA Definitions

47AA Definitions

In this Part—

master plan means an instrument and supporting diagrams, or a number of instruments and supporting diagrams, that outline proposals and principles to guide master plan development of a master plan site.

master plan development for a master plan site, means development described in Schedule 5 as master plan development for the master plan site.

master plan site means land described in Schedule 5 as a master plan site.

cl 47AA: Ins 7.1.2005.

47AB Development of master plan sites

47AB Development of master plan sites

(1) Despite any other provision of this plan, master plan development may be carried out with development consent on a master plan site, but only if—

(a) the development complies with the development requirements specified for the site in Schedule 5, and

(b) the consent authority has taken into consideration the master plan for the site as adopted by the Council for the time being in accordance with this Part.

(2) Provisions or instruments identified in Schedule 5 as comprising the initial master plan for a master plan site are taken to have been adopted by the Council with the approval of the Minister in accordance with this Part as a master plan at the commencement of this Part, but nothing prevents the amendment or replacement of any such master plan in accordance with this Part.

(3) State Environmental Planning Policy No 1—Development Standards does not apply to any development standard imposed on master plan development by a development requirement specified in Schedule 5, except as provided otherwise in that Schedule.

(4) State Environmental Planning Policy No 71—Coastal Protection does not require a master plan to be adopted by the Minister under that Policy before consent is granted for master plan development of a master plan site.

(5) The Council must make a copy of each master plan, as adopted by the Council for the time being, available for inspection at the office of the Council during ordinary office hours.

(6) Nothing in this Part prevents development from being carried out on a master plan site in accordance with the other provisions of this plan, subject to the conditions of any consent granted for master plan development.

cl 47AB: Ins 7.1.2005.

47AC Amendment or replacement of master plans

47AC Amendment or replacement of master plans

(1) A master plan for a master plan site, as adopted by the Council for the time being, may be amended, or revoked and replaced, by a subsequent master plan adopted by the Council in accordance with this clause.

(2) A master plan may be amended or revoked and replaced only if the master plan as proposed to be amended or the replacement master plan will illustrate and demonstrate proposals for the following—

(a) the use or uses to be carried out on the development site, including the use of buildings,

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

(c) desired future locality character,

(d) the location of any development, considering the natural features of the site, including coastal processes and coastal hazards,

(e) the scale of any development and its integration with the existing landscape,

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

(g) phasing of development,

(h) public access to and along the coastal foreshore,

(i) pedestrian, cycle and road access and circulation networks,

(j) subdivision pattern,

(k) infrastructure provision,

(l) building envelopes and built form controls,

(m) heritage conservation, including both Aboriginal and European heritage,

(n) remediation of the site,

(o) provision of public facilities and services,

(p) car parking provision,

(q) provision of open space, its function and landscaping,

(r) conservation of natural waters, including their riparian corridors, water quality and use,

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

(t) conservation of fish and aquatic animals and their habitats.

(3) A draft master plan prepared to amend, or to revoke and replace, a master plan must be publicly exhibited by the Council for not less than 28 days.

(4) After considering any written submissions made to it within that time, the Council—

(a) may adopt the draft master plan either with or without alteration, or

(b) may reject the draft master plan.

(5) The Council must re-exhibit a draft master plan that has been altered if, in the Council’s opinion, the alterations are sufficiently significant to require re-exhibition.

(6) (Repealed)

(7) When the Council adopts a draft master plan, it must—

(a) notify the person who prepared the master plan (if it was not the Council) and any person who made a written submission about it of the adoption of the master plan, and

(b) advertise the adoption of the master plan in a newspaper circulating in the locality, and

(c) make a copy of the adopted master plan available for inspection at the office of the Council during ordinary office hours.

cl 47AC: Ins 7.1.2005. Am 2021 (716), Sch 1.10[1]–[4].

Part 10 General

Part 10 General

47A Exempt and complying development

47A Exempt and complying development

(1) Development of minimal environmental impact listed as exempt development in Kiama Development Control Plan No 20—Exempt and Complying Development as adopted by the Council on 16 November 1999 is exempt development, despite any other provision of this plan.

(2) Development listed as complying development in Kiama Development Control Plan No 20—Exempt and Complying Development adopted as by the Council on 16 November 1999 is complying development if—

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

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

(3) Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Kiama Development Control Plan No 20—Exempt and Complying Development as adopted by the Council on 16 November 1999.

(4) A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Kiama Development Control Plan No 20—Exempt and Complying Development adopted by the Council, as in force when the certificate is issued.

cl 47A: Ins 11.2.2000.

48 Subdivision

48 Subdivision

Notwithstanding any other provision of this plan, a person may only subdivide land to which this plan applies with the consent of the Council except for subdivision for any of the following purposes which may be carried out without consent—

(a) to widen a public road,

(b) to make minor adjustments to common property boundaries,

(c) to rectify an encroachment on a lot, portion or parcel of land.

cl 48: Subst 27.10.2000.

49 Advertising of certain applications

49 Advertising of certain applications

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

(a) development within Zone No 2 (a) or 2 (b) for the purpose of a cottage industry, hospital, place of public worship, residential flat building or villa homes and courtyard houses, and

(b) any development that would involve demolishing, defacing or damaging of a heritage item or a building, work, relic, tree or place within a heritage conservation area or the use of a building or land referred to in clause 43 for a purpose which, but for that clause, would be prohibited by this plan,

(c) (Repealed)

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

(2) Section 84 of the Act shall not be applied under subclause (1) to the extent that any regulation made under that section requires the notice referred to in that section to contain a statement to the effect that the development application referred to in the notice and the documents accompanying that application may be inspected at the office of the Department of Urban Affairs and Planning.

cl 49: Am 24.12.1997.

50 Height restrictions for buildings

50 Height restrictions for buildings

(1) Except as provided by this clause, a person shall not erect a building containing more than 2 storeys.

(2) The Council may grant consent to the erection of a building containing—

(a) 3 storeys on land within Zone No 3 (a) or 3 (d) in the Kiama central business district, or

(b) 2½ storeys on land within Zone No 3 (a) in the Gerringong central business district, but only where the top ½ storey forms a loft within the roof space of a building with a pitched roof.

(3) The Council may grant consent to 1 additional level which caters only for basement car parking (including goods delivery, loading and unloading facilities and storage facilities) on land to which subclause (2) applies, but only where the ceiling of that car parking level at no point stands higher than 1 metre above the natural ground level.

(4) In determining an application for consent in accordance with subclause (2) or (3), or both, the Council must consider—

(a) whether the building will be in scale with adjacent and nearby buildings, when viewed within such streetscape as may exist or be permitted by this plan, and

(b) whether the proposed development will have any significant adverse impact on the environment or the amenity of residents or businesses on adjoining or nearby land, and

(c) whether the building will take on the appearance of a 4 storey building when viewed from any road to which it has a frontage.

cl 50: Subst 1.8.1997.

51 Community use—educational establishments

51 Community use—educational establishments

Nothing in this plan shall prevent the use of educational establishments for the purpose of enabling—

(a) the community use of the facilities and sites of schools, colleges and other educational institutions, or

(b) the commercial operation of those facilities and sites, or

(c) any person to carry out development for the purposes of community uses on land used for the purpose of schools, colleges or other educational institutions whether or not the development is ancillary to that purpose,

provided that the consent of the Council is obtained.

52 Development adjacent to zone boundaries

52 Development adjacent to zone boundaries

(1) A person may, with the consent of the Council, carry out development on land within 20 metres of the boundary between two zones for any purpose for which development consent may be granted in the adjoining zone.

(2) The Council shall not grant consent as referred to in subclause (1) unless the site on which it is proposed to carry out the development is partly within each of the adjoining zones and it is satisfied that—

(a) it is necessary to grant consent to the otherwise prohibited use of the land because of the design characteristics of the total proposed development, including the part which is permitted in the adjoining zone, and

(b) the total proposed development if carried out will not operate so as to hinder the attainment of the objectives of either of the zones affected by the development.

cl 52: Am 27.10.2000.

53 Filling of land

53 Filling of land

(1) This clause applies to land within Zone No 1 (a), 2 (a), 2 (b), 3 (a), 3 (b), 3 (c), 3 (d), 4 (c), 5 (a), 6 (a), 6 (b), 6 (c), 7 (d), 7 (e) or 7 (f).

(2) Except as otherwise provided by this clause, a person must not fill land to which this clause applies except with the consent of the Council.

(3) The Council is not to grant consent to fill land to which this clause applies unless it has considered the likely environmental impact of the fill on the land and on adjoining land, including the following—

(a) visual impact on the surrounding land,

(b) the likely effect on the stability of the land,

(c) the potential for the fill to alter drainage patterns or flood levels to the detriment of adjoining property owners,

(d) the implications of changing land surface levels and subsequent development and its potential impact on adjoining or nearby property owners, including their privacy and views,

(e) measures to be taken to stabilise and landscape the filling to prevent erosion,

(f) measures to be taken to prevent sedimentation of waterways,

(g) the impact on existing vegetation, particularly mature trees on the land,

(h) the nature of the fill material and the potential for that material to contain contaminated substances,

(i) the potential for the fill to adversely affect water quality,

(j) the duration of the filling works, the likely traffic movements generated and the impact on the local road network as a result of those works.

(4) A person may fill land to which this clause applies without the consent of the Council if the fill—

(a) has previously been considered as part of a development application in respect of which the Council has granted consent, or

(b) is intended for terracing or contouring the ground surface by means of retaining walls or mounds and—

(i) the walls or mounds do not exceed a height of 600 millimetres above natural ground level, and

(ii) the walls or mounds are not located closer than 1 metre from an adjoining property boundary, and

(iii) the fill does not take place within 40 metres of a watercourse, and

(iv) the fill does not take place within the dripline of any existing vegetation.

(5) Additionally, a person may fill land within Zone No 1 (a), 6 (a), 6 (b), 6 (c), 7 (d), 7 (e) or 7 (f) without the consent of the Council if the fill—

(i) is not to a depth of greater than 600 millimetres above natural ground level at any point, and

(ii) does not take place within 1m of any adjoining property boundary, and

(iii) does not take place within 40 metres of a watercourse, and

(iv) does not take place within the dripline of any existing vegetation, and

(v) does not involve an area of more than 2 hectares or the depositing of more than 30 tonnes of material.

(6) In this clause—

natural ground level means the existing ground level of the land before any filling, excavation or building work has been undertaken.

vegetation means any plant to which Council’s Tree Preservation Order applies.

cl 53: Subst 3.8.2001.

53A Establishment of timber plantations

53A Establishment of timber plantations

(1) This clause applies only to lawfully cleared land within Zone No 1 (a), 7 (d), 7 (e) or 7 (f).

(2) Despite any other provision of this plan, a person may, without development consent, establish tree plantations on land that is an accredited proposed timber plantation or an accredited timber plantation (within the meaning of the Timber Plantations (Harvest Guarantee) Act 1995) consisting of land to which this clause applies.

cl 53A: Ins 30.10.1998.

54 Development along arterial roads

54 Development along arterial roads

(1) The Council shall not consent to an application to carry out development on land which has frontage to an arterial road unless—

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

(b) in the opinion of the Council, the safety and efficiency of the arterial road will not be adversely affected by—

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

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

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

Note—

See the requirements of State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2 in relation to development applications for traffic-generating development.

(2) The Council shall not consent to the development of land within Zone No 1 (a), 7 (d), 7 (e) or 7 (f) for any purpose listed in State Environmental Planning Policy (Transport and Infrastructure) 2021, Schedule 3 if the development will have direct access to—

(a) an arterial road, or

(b) a road connecting an arterial road, where the access to that road is within 90 metres (measured along the road alignment of the connecting road) of the alignment of the arterial road,

and if alternative access is available from a road that is not an arterial road and can be provided at a distance greater than 90 metres from any intersection of that road with an arterial road.

cl 54: Am 2007 (641), Sch 5.19 [1] [2]; 2022 (72), Sch 1.22[2] [3].

55 Traffic impact

55 Traffic impact

The Council shall not grant consent to development in any residential, commercial or industrial zone unless it has given consideration to—

(a) traffic impacts on the road system and on the amenity of residents, and

(b) the safety of traffic access, and

(c) the adequacy of car parking.

56 Residential and tourist facility development in unserviced urban areas

56 Residential and tourist facility development in unserviced urban areas

(1) This clause applies to land that is not connected to Sydney Water’s reticulated water supply or reticulated sewerage system (or both) within—

(a) Zone No 2 (a) or 2 (b), or

(b) Zone No 3 (a) or 3 (c)—being land on which tourist facilities are permitted with the consent of the Council.

(2) The Council shall not grant consent to—

(a) dual occupancy development, or development for the purpose of integrated housing development, units for aged persons, or villa homes and courtyard houses, in Zone No 2 (a), or

(b) dual occupancy development, or development for the purpose of integrated housing development, residential flat buildings, units for aged persons or villa homes and courtyard houses, in Zone No 2 (b), or

(c) the erection or alteration of a residential flat building or a dwelling (other than for a single dwelling), or development for the purpose of a tourist facility (where permitted with the consent of the Council) in Zone No 3 (a) or 3 (c), or

(d) subdivision of land within Zone No 2 (a) or 2 (b) for the purpose of creating additional residential lots,

unless arrangements can be made to connect the proposed development to reticulated water supply and reticulated sewerage systems acceptable to the Council.

(3) Nothing in subclause (2) prevents the Council from granting consent to subdivision of or residential development on the following land at Gerringong—Lots 13, 14, 15 and 18 DP 241462 and Lot 102 DP 835934 Armstrong Avenue.

cl 56: Am 1.8.1997; 24.12.1997.