New South Wales regulation

Shellharbour Local Environmental Plan 2000

In ForceNSW

Jurisdiction

New South Wales

Act Number

230 of 2000

Collection

regulation

Plain English Summary

8/10 complexity

This local environmental plan sets the rules for what can be built and where across Shellharbour City. It divides the area into many zones, lists permitted, consent-required and prohibited uses, and imposes subdivision, heritage, environmental and special-site rules. Landowners and developers must get Council consent for most non-exempt work; the Council decides approvals and imposes conditions. The plan changes investment and use choices by creating size, servicing, heritage and environmental constraints and by requiring assessments and notifications.

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What it does

The Shellharbour Local Environmental Plan 2000 establishes a municipal zoning and consent framework for land use and development across the City of Shellharbour local government area (the plan). It applies to all land in the LGA shown on the plan map, except land covered by the Shellharbour Rural Local Environmental Plan 2004 (cl 3). The Council of the City of Shellharbour is designated the consent authority for the plan (cl 6). The plan specifies zones (cl 9) and, for each zone, sets the objectives, the types of development that are allowed without development consent, the development that is allowed only with consent, and the development that is prohibited (cl 10(2); Parts 2-10). Zone-specific provisions set minimum lot sizes, subdivision controls and conditions for dwelling houses in particular zones (for example cl 14, 15, 17, 19, 54-62).

Mechanically the plan does the following:

It defines the zoning categories for land in the LGA and ties permitted and prohibited uses to those zones (cl 9; cl 10(2); Parts 2-10).
It makes the Council the decision-maker on development consent and prescribes matters the Council must take into account when exercising that discretion (cl 6; cl 10(3); multiple zone clauses setting mandatory considerations).
It imports certain Model Provisions from the Environmental Planning and Assessment Model Provisions 1980 (cl 7).
It attaches schedules that operate as lists and maps: heritage conservation areas (Schedule 2), heritage items (Schedule 3), a commercial hierarchy (Schedule 4), and lists of public land classified or reclassified as operational land (Schedule 5), and site-specific exceptions (Schedule 6).
It creates special rules and procedural requirements on matters such as heritage (Part 11: cl 72-76, 75A-75C), acquisition rights in certain zones (cl 59, cl 68, cl 69, cl 71), airport-affected land (cl 84), quarry buffer areas (cl 26), and specified thresholds for activities such as liquid fuel depots (cl 37).

Current sections

Direct links to the current provisions in Shellharbour Local Environmental Plan 2000.

116

Part 1

Preliminary

Part 1 Preliminary

Name of plan

1 Name of plan

This plan is Shellharbour Local Environmental Plan 2000.

Aim of plan

2 Aim of plan

The aim of this plan is to provide a framework for land use management, urban growth and change to achieve the following objectives—

(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,

(a) to ensure that land uses in the local government area of Shellharbour City are compatible with each other and are suitably located,

(b) to ensure that adequate provision is made to meet the needs of an increasing population,

(c) to ensure that various areas of land within the local government area of Shellharbour City which are environmentally sensitive, and which enhance the visual amenity of the area, are protected and suitably managed,

(d) to enable public land, owned or controlled by the Council of the City of Shellharbour under the Local Government Act 1993, to be classified or reclassified as operational land,

(e) to identify and manage items of the environmental and cultural heritage of the local government area,

(f) to ensure that development addresses pollution concerns and does not result in a decline in water quality.

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

Land to which the plan applies

3 Land to which the plan applies

(1) This plan applies to all land within the local government area of Shellharbour City as shown on the map.

(2) However, this plan does not apply to land to which Shellharbour Rural Local Environmental Plan 2004 applies.

cl 3: Am 10.12.2004.

Relationship to other environmental planning instruments

4 Relationship to other environmental planning instruments

(1) Shellharbour Local Environmental Plan No 16 is repealed.

(2) State Environmental Planning Policy No 4—Development Without Consent is amended by inserting in alphabetical order of local government area in Schedule 2 (Land excepted from clauses 6–10) the following words—

City of Shellharbour local government area

Savings

5 Savings

(1) A development application or an application for approval of an activity, relating to land to which this plan applies, that was lodged with a consent authority or determining authority, but that was not finally determined before the commencement of this plan is to be determined as if this plan had been exhibited but not been made and Shellharbour Local Environmental Plan No 16 had not been repealed.

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

cl 5: Am 2023 (524), Sch 1.1[2].

Consent authority

6 Consent authority

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

Adoption of certain Model Provisions

7 Adoption of certain Model Provisions

This plan adopts Part 1 and clauses 5, 8, 10, 11, 12, 14, 24, 27, 29 and 35 of, and Schedule 1 to, the Environmental Planning and Assessment Model Provisions 1980.

Definitions

8 Definitions

(1) In this plan, terms defined in Schedule 1 have the same meaning as set out in that Schedule.

(2) In this plan, a reference to a map is a reference to a map kept at the office of the Council.

(3) The letters and symbols SPS, RES, SUB STN, CH, FIRE STN, PUBLIC BLDG or TEL. EXCH, where appearing on a map, mean sewage pumping station, water reservoir, electricity sub-station, church, fire station, public building or telephone exchange, respectively.

(4) In this plan, a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose.

(5) The list of contents of this plan is not part of this plan.

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

cl 8: Am 2019 (659), Sch 1.23[1].

Zones indicated on the map

9 Zones indicated on the map

Land is within one of the following zones as set out in Parts 2–10 in the clause headed “General controls for development” for the zone under the heading “Land within the zone”—

1 (a)—Rural A Zone

1 (c)—Rural C Zone

1 (d)—Rural D (Horticultural) Zone

2 (a)—Residential A Zone

2 (b1)—Residential B1 Zone

2 (b2)—Residential B2 Zone

2 (e)—Mixed Use Residential E Zone

2 (f)—Mixed Use Residential F Zone

3 (a)—Mixed Use Commercial Zone

3 (d)—Neighbourhood Business Zone

4 (a)—Light Industrial Zone

4 (a3)—Airport Light Industrial Zone

4 (c)—Extractive Industrial Zone

4 (f)—Special Industrial Zone

5 (a)—Special Uses Zone

5 (b)—Special Railway Uses

6 (a)—Public Open Space Zone

6 (b)—Private Open Space Zone

7 (a)—Environmental Protection (Wetlands) Zone

7 (d)—Environmental Protection (Scenic) Zone

7 (e)—Environmental Protection (Escarpment) Zone

7 (f2)—Environmental Protection (Foreshore) Zone

7 (g)—Environmental Protection (Living Area 1) Zone

7 (h)—Environmental Protection (Living Area 2) Zone

8—National Parks and Nature Reserves Zone

9 (b)—Arterial Roads Reservation Zone

9 (c)—Local Roads Reservation Zone

9 (d)—Open Space Reservation Zone

Zone objectives and general controls for development

10 Zone objectives and general controls for development

(1) The objectives of each zone are set out in Parts 2–10 in the clause headed “General controls for development” for the zone under the heading “Objectives (or Objective) of the zone”.

(2) Except as otherwise provided by this plan, for each zone specified in a general controls for development clause, the development that—

(a) may be carried out without development consent is indicated in that clause by the words “Allowed without development consent”, or

(b) may be carried out only with development consent is indicated in that clause by the words “Allowed only with development consent”, or

(c) is prohibited is indicated in that clause by the words “Prohibited in the zone”.

(3) The objectives of the zone are required to be taken into account by the consent authority before development consent is given to the carrying out of development within that zone.

Part 2

Rural Zones Provisions

Part 2 Rural Zones Provisions

General controls for development—Zone 1 (a) (the Rural A zone)

11 General controls for development—Zone 1 (a) (the Rural A zone)

(1) Land within the zone Land is within Zone 1 (a) (the Rural A zone) if it is shown coloured cream on the map.

(2) Objectives of the zone

(a) To protect the agricultural potential of rural land and to prevent the fragmentation of rural holdings.

(b) To prevent premature and sporadic subdivisions and to ensure consolidation of urban areas, thus enhancing the prospect of the economic provision of public services.

(c) To prevent, on the fringe of urban areas, the subdivision of land into small lots which would prejudice the proper layout of additional urban areas as a result of natural growth.

(3) Allowed without development consent Exempt development and development for the purpose of—

general agriculture; home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).

(4) Allowed only with development consent Development not included in subclause (3) or (5).

(5) Prohibited in the zone Development for the purpose of—

advertisements not displaying the purpose for which the land is used or directional information; brothels; car repair stations; commercial premises; dual occupancies (other than attached dual occupancies); heavy industries; junk yards; light industries; medium density housing; motor showrooms; professional consulting rooms; recreation facilities; service stations; shops; warehouses.

cll 11: Am 17.8.2001; 2005 (560), Sch 1 [1].

General controls for development—Zone 1 (c) (the Rural C zone)

12 General controls for development—Zone 1 (c) (the Rural C zone)

(1) Land within the zone Land is within Zone 1 (c) (the Rural C zone) if it is shown coloured pale yellow on the map.

(2) Objectives of the zone

(a) To allow rural residential neighbourhoods to be developed, taking advantage of changing demand for housing and the availability of rural land not suited to agricultural, industrial or urban uses.

(b) To maintain the environmental quality and visual amenity of rural areas.

(c) To reduce the demand for subdivision for residential purposes of agricultural land.

(3) Allowed without development consent Exempt development and development for the purpose of—

home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).

(4) Allowed only with development consent Development not included in subclause (3) or (5).

(5) Prohibited in the zone Development for the purpose of—

advertisements not displaying the purpose for which the land is used; amusement parks; animal boarding, breeding or training establishments; aquaculture; backpackers inns; boarding houses; brothels; bus depots; car repair stations; clubs; commercial premises; community facilities; dual occupancies (other than attached dual occupancies); extractive industries; gas holders; general stores; generating works; heavy industries; helipads; heliports; hospitals; hotels; institutions; junk yards; light industries; liquid fuel depots; medium density housing; mineral sand mines; mines; motels; motor showrooms; offensive or hazardous industries; passenger terminals; places of assembly; public buildings; racecourses; recreation establishments; recreation facilities; refreshment rooms; road transport terminals; rural industries; sawmills; service stations; shops; showgrounds; stock and sale yards; timber yards; tourist facilities; warehouses.

cll 12: Am 17.8.2001; 2005 (560), Sch 1 [1].

General controls for development—Zone 1 (d) (the Rural D (Horticulture) zone)

13 General controls for development—Zone 1 (d) (the Rural D (Horticulture) zone)

(1) Land within the zone Land is within Zone 1 (d) (the Rural D (Horticulture) zone) if it is shown coloured pale yellow and lettered 1 (d) on the map.

(2) Objective of the zone To provide for horticultural activities on agricultural lots of high agricultural potential, if such uses can be accommodated without reducing the quality of water in the locality.

(3) Allowed without development consent Exempt development and development for the purpose of—

Nil.

(4) Allowed only with development consent Development for the purpose of—

advertisements displaying the purpose for which the land is used; clearing of land; drainage; filling; general agriculture; intensive horticulture; intensive livestock keeping; roadside stalls; rural industries; turf farms; wetland improvement.

(5) Prohibited in the zone Development not included in subclause (3) or (4).

cl 13: Am 2005 (560), Sch 1 [1].

Controls for subdivision of land within Zone 1 (a)

14 Controls for subdivision of land within Zone 1 (a)

(1) The Council must not consent to a subdivision of land within Zone 1 (a) unless—

(a) each allotment to be created will have an area of not less than 40 hectares or the Council is satisfied that any proposed smaller allotment is not intended to be used for the purpose of agriculture or a dwelling house, but is intended to be used for another lawful purpose, and

(b) where any allotment proposed to be created will have a frontage to a main road, the frontage will be not less than 200 metres, and

(c) the Council has been informed of the purpose for which each proposed allotment to be created by the subdivision is intended to be used and, where the purpose is agriculture, of the form of agriculture for which the allotment is intended to be used.

(2) Despite any other provision of this plan, consent for a subdivision of land within Zone 1 (a) in the “Jamberoo Valley Rural Conservation Area” (which is shown on the map) to create an allotment must not be granted unless—

(a) the consent authority is satisfied that the proposed allotment will not be used for the erection of a dwelling house, and

(b) a condition of the consent prohibits the erection of a dwelling house on each lot to be created by the subdivision.

(3) The Council must not consent to a subdivision of land within Zone 1 (a) in the “Jamberoo Valley Rural Conservation Area” (which is shown on the map) unless it has considered—

(a) the relationship of the proposed allotments to adjacent or adjoining allotments and the practicality of consolidating adjacent or adjoining allotments with land to which the application for consent to the subdivision relates, and

(b) the quality of the land proposed to be subdivided and the potential agricultural productivity of that land if it remains unsubdivided, and

(c) the likely impact of the subdivision on vegetation, soil resources and stability and water resources (including the quality of water courses, ground water storage and riparian rights), and

(d) the size, quality and potential agricultural productivity of each proposed allotment, and

(e) the relationship of each proposed allotment to, and the effect of creating the allotment on, the structure and nature of agricultural industries in the locality, and

(f) the purpose for which the proposed allotments are intended to be used and the purpose for which, in the opinion of the Council, the allotments are suitable for use, and

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

(h) the likelihood of the proposed allotments remaining available for agriculture.

Controls for building dwelling houses within Zone 1 (a)

15 Controls for building dwelling houses within Zone 1 (a)

(1) Despite any other provision of this plan, the Council must not consent to the erection of a dwelling house on an allotment in Zone 1 (a) that has an area of less than 40 hectares unless—

(a) that allotment is a vacant original holding, or

(b) the allotment has been created in accordance with a subdivision approval (or a consent for a subdivision) on which no condition has been imposed prohibiting the erection of a dwelling house on the subject property.

(2) Despite any other provision of this plan, the Council must not consent to the erection of more than one dwelling house on an allotment in Zone 1 (a) unless it is satisfied that the dwelling house will be used or occupied by a person engaged by the owner of that land in the pursuit of agriculture on that land or on land adjacent to or adjoining that land.

(3) Consent must not be granted for a dwelling house on an allotment of land in Zone 1 (a) with an area of less than 40 hectares unless the Council places a condition on the consent requiring that allotment to be consolidated with any adjoining land in the same ownership until either all adjoining properties within the same ownership are consolidated or a minimum area of 40 hectares is achieved.

(4) Despite any other provision of this plan, the Council may consent to the erection of a dwelling house on land within Zone 1 (a) in the “Jamberoo Valley Rural Conservation Area” (which is shown on the map) only if the property to which the application relates has an area of 40 hectares or more or if the Council is satisfied that the property is a vacant original holding.

(5) Despite any other provision of this plan, the Council must not consent to the erection of a second dwelling house on land within Zone 1 (a) in the “Jamberoo Valley Rural Conservation Area” (which is shown on the map) where—

(a) the property to which the application relates has an area of less than 40 hectares, or

(b) the dwelling house will not be ancillary to the agricultural use of the land, or

(c) separate ownership of the proposed dwelling house will be achievable without the subdivision of the land, or

(d) an additional access to a public road is required from the land as a result of the erection of the dwelling house, or

(e) in the opinion of the Council, the proposed dwelling house will interfere with the purpose for which the land concerned is being used.

Controls for the development of certain land within Zone 1 (a)—Jamberoo Valley

16 Controls for the development of certain land within Zone 1 (a)—Jamberoo Valley

(1) Despite any other provision of this plan, the Council must not grant consent to an amusement park or a place of assembly on land within Zone 1 (a) in the “Jamberoo Valley Rural Conservation Area” (which is shown on the map).

(2) Despite any other provision of this plan, the Council must not consent to development on land within Zone 1 (a) in the “Jamberoo Valley Rural Conservation Area” (which is shown on the map) unless it has considered—

(a) the effect of the proposed development on agricultural land uses undertaken on land 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 vegetation, soil resources and stability and water resources (including the quality of water courses, ground water storage and riparian rights), and

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

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

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

(g) the impact that the proposed development will have on the scenic quality of the Jamberoo Valley by way of colour, bulk, vegetation removal, road access, visual intrusiveness, reflection and traffic generation, and is satisfied that such measures as will, in its opinion, minimise that impact are proposed to be taken.

(3) The Council must take the following into consideration when assessing an application for consent to clear any land shown stippled on Sheet 3 of the map marked “Illawarra Regional Environmental Plan No 2—Jamberoo Valley” deposited in the office of the Department of Urban Affairs and Planning (being areas of significant vegetation)—

(a) the movement of native fauna,

(b) any rare or significant flora or fauna,

(c) any rare or significant habitats,

(d) the effect of the proposed clearing on adjacent or adjoining land under the control of the National Parks and Wildlife Service,

(e) whether there is a reasonable alternative to the removal of that vegetation or the extent of the removal of that vegetation,

(f) the visual impact of the proposed development on the scenic quality of the Jamberoo Valley by breaking any unbroken natural tree canopy cover or creating smaller discrete parcels of vegetation from an existing stand.

Controls for subdivision within Zone 1 (c)

17 Controls for subdivision within Zone 1 (c)

(1) The Council must not consent to the subdivision of land within Zone 1 (c) unless—

(a) each lot to be created by the subdivision has an area of not less than 0.4 hectares and the average lot size (calculated by dividing the total area of land to be subdivided by the number of lots to be created by the subdivision) is not less than 0.8 hectares, where reticulated water and sewerage services are available, and

(b) each lot to be created by the subdivision has an area of not less than 1 hectare, where reticulated water and sewerage services are not available.

(2) The Council must not consent to the subdivision of any land within Zone 1 (c) unless it has considered—

(a) the land capability (including soil resources, soil stability and capacity for on-site waste disposal) and the natural constraints, and hazards, of the land to be subdivided in relation to the density and design of the allotments proposed to be created, and

(b) the desirability of providing a range and mixture of allotment sizes, and

(c) the ability to provide urban services to the land.

Controls for building dwelling houses within Zone 1 (c)

18 Controls for building dwelling houses within Zone 1 (c)

(1) A dwelling house may not be erected on land within Zone 1 (c) unless that land is an allotment that complies with clause 17 (1) (a) and (b).

(2) Despite any other provision of this plan, the Council may consent to the erection of a second dwelling house on an allotment within Zone 1 (c) with an area exceeding two hectares, but only if, in the opinion of the Council—

(a) the development will not adversely affect the visual amenity of the area, and

(b) the development will not place undue demand on the provision of public services, and

(c) the development will not increase ribbon development on any main or arterial road and will not exceed the environmental capacity of the site.

Controls for subdivision within Zone 1 (d)

19 Controls for subdivision within Zone 1 (d)

The Council must not consent to the subdivision of land within Zone 1 (d) unless each allotment to be created by the subdivision has an area of not less than 12 hectares, even if the subdivision is by a strata plan or under the Community Land Development Act 1989.

Part 3

Residential Zones Provisions

Part 3 Residential Zones Provisions

General controls for development—Zone 2 (a) (the Residential A zone)

20 General controls for development—Zone 2 (a) (the Residential A zone)

(1) Land within the zone Land is within Zone 2 (a) (the Residential A zone) if it is shown coloured light pink on the map.

(2) Objective of the zone To provide an environment primarily for detached and semi-detached housing.

(3) Allowed without development consent Exempt development and development for the purpose of—

home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).

(4) Allowed only with development consent Development not included in subclause (3) or (5).

(5) Prohibited in the zone Development for the purpose of—

advertisements not displaying the purpose for which the land is used; amusement parks; animal boarding, breeding or training establishments; aquaculture; backpackers inns; brothels; bus depots; car repair stations; clubs; commercial premises; extractive industries; gas holders; general agriculture; general stores; generating works; heavy industries; helipads; heliports; hotels; institutions; intensive horticulture; intensive livestock keeping; junk yards; light industries; liquid fuel depots; mineral sand mines; mines; motels; motor showrooms; offensive or hazardous industries; passenger terminals; places of assembly; plantation forestry; plant nurseries; public buildings; racecourses; recreation establishments; recreation facilities; refreshment rooms; roadside stalls; road transport terminals; rural industries; sawmills; service stations; shops; showgrounds; stock and sale yards; timber yards; tourist facilities; turf farms; veterinary surgeries; warehouses; waste management facilities or works.

cll 20–24: Am 17.8.2001; 2005 (560), Sch 1 [1].

General controls for development—Zone 2 (b1) (the Residential B1 zone)

21 General controls for development—Zone 2 (b1) (the Residential B1 zone)

(1) Land within the zone Land is within Zone 2 (b1) (the Residential B1 zone) if it is shown coloured medium pink on the map.

(2) Objectives of the zone

(a) To provide for a range of housing types in locations that are accessible to retail, commercial and public transport facilities.

(b) To encourage the efficient use of aged housing stock upon redevelopment.

(3) Allowed without development consent Exempt development and development for the purpose of—

home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).

(4) Allowed only with development consent Development not included in subclause (3) or (5).

(5) Prohibited in the zone Development for the purpose of—

advertisements not displaying the purpose for which the land is used; amusement parks; animal boarding, breeding or training establishments; aquaculture; brothels; bus depots; car repair stations; clubs; commercial premises; extractive industries; gas holders; general agriculture; generating works; heavy industries; helipads; heliports; hotels; institutions; intensive horticulture; intensive livestock keeping; junk yards; light industries; liquid fuel depots; mineral sand mines; mines; motels; motor showrooms; offensive or hazardous industries; passenger terminals; places of assembly; plantation forestry; plant nurseries; public buildings; racecourses; recreation establishments; recreation facilities; refreshment rooms; roadside stalls; road transport terminal; rural industries; sawmills; service stations; shops; showgrounds; stock and sale yards; timber yards; tourist facilities; turf farms; veterinary surgeries; warehouses; waste management facilities or works.

cll 20–24: Am 17.8.2001; 2005 (560), Sch 1 [1].

General controls for development—Zone 2 (b2) (the Residential B2 zone)

22 General controls for development—Zone 2 (b2) (the Residential B2 zone)

(1) Land within the zone Land is within Zone 2 (b2) (the Residential B2 zone) if it is shown coloured dark pink on the map.

(2) Objective of the zone To allow for medium density development in locations that are in the vicinity of retail, commercial and public transport facilities.

(3) Allowed without development consent Exempt development and development for the purpose of—

home-based child care; home business; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).

(4) Allowed only with development consent Development not included in subclause (3) or (5).

(5) Prohibited in the zone Development for the purpose of—

advertisements not displaying the purpose for which the land is used; amusement parks; animal boarding, breeding or training establishments; aquaculture; brothels; bus depots; car repair stations; clubs; commercial premises; extractive industries; gas holders; general agriculture; generating works; heavy industries; helipads; heliports; hotels; institutions; intensive horticulture; intensive livestock keeping; junk yards; light industries; liquid fuel depots; mineral sand mines; mines; motels; motor showrooms; offensive or hazardous industries; passenger terminals; places of assembly; plantation forestry; plant nurseries; public buildings; racecourses; recreation establishments; recreation facilities; refreshment rooms; roadside stalls; road transport terminals; rural industries; sawmills; service stations; shops; showgrounds; stock and sale yards; timber yards; tourist facilities; turf farms; veterinary surgeries; warehouses; waste management facilities or works.

cll 20–24: Am 17.8.2001; 2005 (560), Sch 1 [1].

General controls for development—Zone 2 (e) (the Mixed Use Residential E zone)

23 General controls for development—Zone 2 (e) (the Mixed Use Residential E zone)

(1) Land within the zone Land is within Zone 2 (e) (the Mixed Use Residential E zone) if it is shown coloured salmon on the map.

(2) Objective of the zone To allow for mixed use residential neighbourhoods to be developed on ‘greenfields’ sites providing for a range of household preferences and needs compatible with fully developed residential neighbourhoods.

(3) Allowed without development consent Exempt development and development for the purpose of—

home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).

(4) Allowed only with development consent Development not included in subclause (3) or (5).

(5) Prohibited in the zone Development for the purpose of—

advertisements not displaying the purpose for which the land is used; amusement parks; animal boarding, breeding or training establishments; aquaculture; brothels; bus depots; car repair stations; extractive industries; gas holders that are not ancillary to an allowable use or a use granted consent; generating works; heavy industries; helipads; heliports; institutions; intensive horticulture; intensive livestock keeping; junk yards; light industries; liquid fuel depots; mineral sand mines; mines; motor showrooms; offensive or hazardous industries; plantation forestry; racecourses; roadside stalls; road transport terminals; rural industries; sawmills; stock and sale yards; timber yards; turf farms; warehouses; waste management facilities or works.

cll 20–24: Am 17.8.2001; 2005 (560), Sch 1 [1].

General controls for development—Zone 2 (f) (the Mixed Use Residential F zone)

24 General controls for development—Zone 2 (f) (the Mixed Use Residential F zone)

(1) Land within the zone Land is within Zone 2 (f) (the Mixed Use Residential F zone) if it is shown coloured mauve on the map.

(2) Objectives of the zone

(a) To allow for mixed use residential neighbourhoods to be developed providing for a range of household preferences and needs.

(b) To enable the development of a regional boat harbour facility and associated commercial and recreational activities.

(3) Allowed without development consent Exempt development and development for the purpose of—

home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).

(4) Allowed only with development consent Development not included in subclause (3) or (5).

(5) Prohibited in the zone Development for the purpose of—

advertisements not displaying the purpose for which the land is used; amusement parks; animal boarding, breeding or training establishments; aquaculture; brothels; car repair stations; extractive industries; gas holders that are not ancillary to an allowable use or a use granted consent; generating works; heavy industries; heliports; institutions; intensive horticulture; intensive livestock keeping; junk yards; light industries (other than those associated with and including boat manufacture or repair); liquid fuel depots; mineral sand mines; mines; motor showrooms (other than for caravans, boats or trailers); offensive or hazardous industries; plantation forestry; racecourses; roadside stalls; road transport terminals; rural industries; sawmills; stock and sale yards; timber yards; turf farms; warehouses; waste management facilities or works.

cll 20–24: Am 17.8.2001; 2005 (560), Sch 1 [1].

Controls to promote commercial hierarchy within Zones 2 (e) and 2 (f)

25 Controls to promote commercial hierarchy within Zones 2 (e) and 2 (f)

Despite any other provision of this plan, the Council may consent to commercial or retail development (or mixed commercial and retail development) on land within Zone 2 (e) or 2 (f) only if, in the opinion of the Council, it will promote the commercial hierarchy for the Shellharbour City local government area presented in Schedule 4.

Development within the quarry buffer area in Zone 2 (f)

26 Development within the quarry buffer area in Zone 2 (f)

(1) Despite any other provision of this plan, a person shall not develop land in Zone 2 (f) identified as “quarry buffer area” on the map for any purpose other than general agriculture; drainage; light industries and industries associated with and including boat manufacture and repair; open space; recreation areas; roads; shops and commercial premises in accordance with Schedule 4; utility installations (other than gas holders or generating works), and warehouses.

(2) The Council shall not grant development consent in respect of any development for a purpose specified in subclause (1) unless—

(a) the development will not be unduly affected in an adverse manner by proximity to the Bass Point Quarry, having regard to the normal course of the quarry’s operations, and

(b) the applicant for that consent is aware of the nature of the operation of the quarry and its likely impact on the land within the quarry buffer area and has notified the Council in writing of his, hers or its acceptance of that impact, and

(c) the development will not pose a restriction on the nature of operations within the quarry.

Part 4

Commercial Zones Provisions

Part 4 Commercial Zones Provisions

General controls for development—Zone 3 (a) (the Mixed Use Commercial zone)

27 General controls for development—Zone 3 (a) (the Mixed Use Commercial zone)

(1) Land within the zone Land is within Zone 3 (a) (the Mixed Use Commercial zone) if it is shown coloured light blue on the map.

(2) Objectives of the zone

(a) To provide for mixed use retail/commercial centres in locations that have developed historically or which are centrally located.

(b) To allow for mixed use development incorporating residential and commercial or retail activities.

(c) To encourage the development of commercial/retail centres that provide for daily convenience and higher order needs of the surrounding residential areas.

(3) Allowed without development consent Exempt development and development for the purpose of—

home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).

(4) Allowed only with development consent Development not identified in subclause (3) or (5).

(5) Prohibited in the zone Development for the purpose of—

animal boarding, breeding or training establishments; aquaculture; brothels; car repair stations; extractive industries; gas holders that are not ancillary to an allowable use or a use granted consent; generating works; heavy industries; helipads; heliports; hospitals; institutions; intensive horticulture; intensive livestock keeping; junk yards; light industries; liquid fuel depots; mineral sand mines; mines; offensive or hazardous industries; plantation forestry; racecourses; road transport terminals; roadside stalls; rural industries; sawmills; stock and sale yards; timber yards; turf farms; waste management facilities or works.

cll 27: Am 17.8.2001; 2005 (560), Sch 1 [1].

General controls for development—Zone 3 (d) (the Neighbourhood Business zone)

28 General controls for development—Zone 3 (d) (the Neighbourhood Business zone)

(1) Land within the zone Land is within Zone 3 (d) (the Neighbourhood Business zone) if it is shown coloured medium blue on the map.

(2) Objectives of the zone

(a) To allow for retail and commercial businesses of a scale that is unlikely to prejudice the viability of a higher order commercial centre.

(b) To provide for retail and commercial services that may cater for the daily convenience needs of the local community.

(c) To allow for mixed use development incorporating residential and commercial or retail activities.

(3) Allowed without development consent Exempt development and development for the purpose of—

home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).

(4) Allowed only with development consent Development not included in subclause (3) or (5).

(5) Prohibited in the zone Development for the purpose of—

amusement parks; animal boarding, breeding or training establishments; aquaculture; backpackers inns; brothels; car repair stations; clubs; extractive industries; gas holders that are not ancillary to an allowable use or a use granted consent; general agriculture; generating works; heavy industries; helipads; heliports; hospitals; hotels; institutions; intensive horticulture; intensive livestock keeping; junk yards; light industries; liquid fuel depots; mineral sand mines; mines; motels; motor showrooms; offensive or hazardous industries; plantation forestry; racecourses; road transport terminals; roadside stalls; rural industries; sawmills; stock and sale yards; timber yards; turf farms; warehouses; waste management facilities or works.

cll 28: Am 17.8.2001; 2005 (560), Sch 1 [1].

Controls to promote commercial hierarchy

29 Controls to promote commercial hierarchy

Despite any other provision of this plan, the Council may consent to commercial or retail development (or mixed commercial and retail development) on land within Zone 3 (a) or 3 (d) only if, in the opinion of the Council, it will promote the commercial hierarchy for the Shellharbour City local government area presented in Schedule 4.

Part 5

Industrial Zones Provisions

Part 5 Industrial Zones Provisions

General controls for development—Zone 4 (a) (the Light Industrial zone)

30 General controls for development—Zone 4 (a) (the Light Industrial zone)

(1) Land within the zone Land is within Zone 4 (a) (the Light Industrial zone) if it is shown coloured light purple on the map.

(2) Objective of the zone To provide for a wide variety of light industrial uses which are generally compatible with nearby residential neighbourhoods.

(3) Allowed without development consent Exempt development and development for the purpose of—

home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).

(4) Allowed only with development consent Development not included in subclause (3) or (5).

(5) Prohibited in the zone Development for the purpose of—

amusement parks; aquaculture; backpackers inns; bed and breakfasts; clubs; commercial premises (other than those used in conjunction with industry and situated on land on which the industry is situated); dual occupancies; dwelling houses (other than those used in conjunction with industry and situated on land on which the industry is situated); extractive industries; gas holders that are not ancillary to an allowable use or a use granted consent; general stores; generating works; heavy industries; helipads; heliports; hospitals; hotels; institutions; intensive horticulture; intensive livestock keeping; junk yards; liquid fuel depots; medium density housing; mineral sand mines; mines; motels; offensive or hazardous industries; places of assembly; plantation forestry; professional consulting rooms; public buildings; recreational establishments; roadside stalls; rural industries; shops (other than light industrial retail outlets and those that serve the daily convenience needs of an industrial area); stock and sale yards; tourist facilities.

cll 30: Am 17.8.2001; 2005 (560), Sch 1 [1].

General controls for development—Zone 4 (a3) (the Airport Light Industrial zone)

31 General controls for development—Zone 4 (a3) (the Airport Light Industrial zone)

(1) Land within the zone Land is within Zone 4 (a3) (the Airport Light Industrial zone) if it is shown coloured dark purple and lettered 4 (a3) on the map.

(2) Objectives of the zone

(a) To provide for a wide variety of light industrial uses that are generally compatible with nearby residential neighbourhoods.

(b) Where appropriate, to encourage the development of industries that are airport-related and, as a result, to diversify the industrial base of Shellharbour in a manner compatible with use of the adjacent Illawarra Regional Airport.

(3) Allowed without development consent Exempt development and development for the purpose of—

home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).

(4) Allowed only with development consent Development not included in item (3) or (5).

(5) Prohibited in the zone Development for the purpose of—

amusement parks; aquaculture; animal boarding, breeding or training establishments; child care centres; commercial premises (other than those used in conjunction with an allowable use and situated on land on which the use is situated or those providing a service to an airport or to airport-related uses); dual occupancies; dwelling houses (other than those used in conjunction with an allowable use and situated on land on which the use is situated); extractive industries; gas holders that are not ancillary to an allowable use or a use granted consent; general stores; generating works; heavy industries (other than airport related industries); helipads; heliports; hospitals; institutions; intensive horticulture; intensive livestock keeping; junk yards; medium density housing; mineral sand mines; mines; motor showrooms; offensive or hazardous industries; places of assembly; places of public worship; plantation forestry; professional consulting rooms; racecourses; recreational establishments; roadside stalls; rural industries; sawmills; shops (other than light industrial retail outlets and those that serve the daily convenience needs of an industrial area or airport); stock and sale yards; waste management facilities or works.

cl 31: Am 17.8.2001; 2005 (560), Sch 1 [1]; 2006 (434), Sch 1 [1]–[4].

General controls for development—Zone 4 (c) (the Extractive Industrial zone)

32 General controls for development—Zone 4 (c) (the Extractive Industrial zone)

(1) Land within the zone Land is within Zone 4 (c) (the Extractive Industrial zone) if it is shown coloured dark purple on the map.

(2) Objectives of the zone To identify those areas specifically allocated for extractive purposes.

(3) Allowed without development consent Exempt development and development for the purpose of—

Nil.

(4) Allowed only with development consent Development for the purpose of—

clearing of land; drainage; extractive industries; filling; general agriculture; intensive horticulture; intensive livestock keeping; mines; turf farms; waste management facilities or works; wetland improvement.

(5) Prohibited in the zone Development not included in subclause (3) or (4).

cl 32: Am 2005 (560), Sch 1 [1].

General controls for development—Zone 4 (f) (the Special Industrial zone)

33 General controls for development—Zone 4 (f) (the Special Industrial zone)

(1) Land within the zone Land is within Zone 4 (f) (the Special Industrial zone) if it is shown coloured dark purple and lettered 4 (f) on the map.

(2) Objective of the zone To provide a suitable area for those industrial uses which are more appropriately located away from residential areas by reason of the emission of noise, fumes, dust or the like.

(3) Allowed without development consent Exempt development and development for the purpose of—

home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).

(4) Allowed only with development consent Development not identified in subclause (3) or (5).

(5) Prohibited in the zone Development for the purpose of—

amusement parks; animal boarding, breeding or training establishments; aquaculture; backpackers inns; bed and breakfasts; child care centres; clubs; commercial premises (other than those used in conjunction with industry and situated on land on which the industry is situated); community facilities; dual occupancies; dwelling houses (other than those used in conjunction with industry and situated on land on which the industry is situated); extractive industries; general stores; generating works; helipads; heliports; hospitals; hotels; institutions; intensive horticulture; intensive livestock keeping; medium density housing; mineral sand mines; mines; motels; motor showrooms; places of assembly; places of public worship; plantation forestry; professional consulting rooms; public buildings; racecourses; recreational establishments; refreshment rooms; roadside stalls; rural industries; service stations; shops (other than light industrial retail outlets and those that serve the daily convenience needs of an industrial area); stock and sale yards; tourist facilities; veterinary surgeries.

cl 33: Am 17.8.2001; 2005 (560), Sch 1 [1].

Bulky goods retailing within Zones 4 (a) and 4 (a3)

34 Bulky goods retailing within Zones 4 (a) and 4 (a3)

Despite any other provision of this plan, the Council may consent to development of land within Zone 4 (a) or 4 (a3) for the purpose of retailing of bulky goods but only if it has considered—

(a) the availability of suitable lands in any nearby business centre, and

(b) the impact of the development on the predominantly industrial nature of Zone 4 (a) or 4 (a3), and

(c) the effect of the development on the viability of the nearby business centre.

Controls for certain development of certain land within Zone 4 (a)

35 Controls for certain development of certain land within Zone 4 (a)

Despite any other provision of this plan, the Council must not consent to development for the purpose of a motor showroom on land within Zone 4 (a), being 13 to 97 Princes Highway; 2–6 and 1–7 Mye Place, or 6 and 8 Creole Road, Albion Park Rail, unless vehicular access to and egress from the land is not only by way of the Princes Highway but is also to and from some other additional point of access and egress.

Access controls within Zone 4 (a3)

36 Access controls within Zone 4 (a3)

(1) The Council must not grant consent for development of land within Zone 4 (a3) unless access to and egress from the site of the development is available otherwise than directly from or to a main or arterial road.

(2) In granting such a consent, the Council must prohibit direct vehicular access to or egress from the site by a main or arterial road.

(3) This clause does not apply to Lot 4211, DP 833774, Princes Highway, Albion Park Rail.

Controls for liquid fuel depots within Zones 4 (a3) and 4 (f)

37 Controls for liquid fuel depots within Zones 4 (a3) and 4 (f)

(1) A person must not establish, enlarge or use a liquid fuel depot on land within Zone 4 (a3) or 4 (f) having an above ground storage capacity of 500 kilolitres or more of inflammable liquid without the consent of the Council.

(2)–(4) (Repealed)

cl 37: Am 17.12.2004; 2006 No 58, Sch 2.51; 2008 (571), Sch 3.158 [1].

Part 6

Special Uses Zones Provisions

Part 6 Special Uses Zones Provisions

General controls for development—Zone 5 (a) (the Special Uses zone)

38 General controls for development—Zone 5 (a) (the Special Uses zone)

(1) Land within the zone Land is within Zone 5 (a) (the Special Uses zone) if it is shown coloured dark yellow and lettered with the special use of the land on the map.

(2) Objective of the zone To maintain land for certain community facilities and services.

(3) Allowed without development consent Exempt development and development for the purpose of—

home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).

(4) Allowed only with development consent Development for the purpose of—

clearing of land; commercial premises; community facilities; drainage; educational establishments; filling; general agriculture; home occupations where the occupation or industry involves the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991; intensive horticulture; passenger terminals; places of assembly; places of public worship; the particular land use indicated by heavy black lettering on the map; turf farms; utility installations (other than gas holders or generating works); wetland improvement.

(5) Prohibited in the zone Development not included in subclause (3) or (4).

cll 38: Am 17.8.2001; 2005 (560), Sch 1 [1].

General controls for development—Zone 5 (b) (the Special Railway Uses zone)

39 General controls for development—Zone 5 (b) (the Special Railway Uses zone)

(1) Land within the zone Land is within Zone 5 (b) (the Special Railway Uses zone) if it is shown coloured dark grey on the map.

(2) Objective of the zone To maintain land for railway purposes.

(3) Allowed without development consent Exempt development and development for the purpose of—

home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).

(4) Allowed only with development consent Development for the purpose of—

clearing of land; drainage; filling; home occupations where the occupation or industry involves the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991; railway uses (other than advertisements except at railway stations); utility installations (other than gas holders or generating works); wetland improvement.

(5) Prohibited in the zone Development not included in subclause (3) or (4).

cll 39: Am 17.8.2001; 2005 (560), Sch 1 [1].

Interim development within Zone 5 (a)

40 Interim development within Zone 5 (a)

In considering whether to grant consent to development of land within Zone 5 (a) for the erection or use of commercial premises, general agriculture, intensive horticulture or passenger terminals, the Council must assess the proposal to ensure that it will not interfere with the use of the land for the purpose identified by lettering on the zoning map.

Controls to promote commercial hierarchy within Zone 5 (a)

41 Controls to promote commercial hierarchy within Zone 5 (a)

Despite any other provision of this plan, the Council may consent to commercial or retail development (or mixed commercial and retail development) on land within Zone 5 (a) only if, in the opinion of the Council, it will promote the commercial hierarchy for the Shellharbour City local government area presented in Schedule 4.

Temporary uses by charities and service clubs within Zone 5 (a)

42 Temporary uses by charities and service clubs within Zone 5 (a)

(1) Despite any other provision of this plan, a person may, with the consent of the Council, carry out development on land within Zone 5 (a) for the purpose of temporary activities such as markets, exhibitions and fund raising, but only if—

(a) the activity will be carried out by an established non-profit organisation, and

(b) the consent will not have the effect of allowing the same site to be used for the those kinds of activities more than 12 times in any one year.

(2) In considering whether to grant consent to the carrying out of any such development, the Council must take into account—

(a) the suitability of the land for the proposed development, and

(b) the availability and suitability of alternative sites for the proposed development, and

(c) the impact of the proposed development on the land and the neighbourhood, and

(d) the desirability of retaining the land for its existing or likely future use.

Part 7

Open Space Zones Provisions

Part 7 Open Space Zones Provisions

General controls for development—Zone 6 (a) (the Public Open Space zone)

43 General controls for development—Zone 6 (a) (the Public Open Space zone)

(1) Land within the zone Land is within Zone 6 (a) (the Public Open Space zone) if it is shown coloured light green on the map.

(2) Objectives of the zone

(a) To identify areas where recreational opportunities for the general use of the community are provided.

(b) To enable development that will enhance the public enjoyment of areas referred to in subclause (2) (a).

(3) Allowed without development consent Exempt development and development for the purpose of—

aids to navigation; bushfire hazard reduction; home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991); landscaping.

(4) Allowed only with development consent Development for the purpose of—

advertisements displaying the purpose for which the land is used; clearing of land; community facilities; drainage; dwelling houses; educational establishments; filling; general agriculture; home occupations where the occupation or industry involves the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991; intensive horticulture; places of assembly; places of public worship; plantation forestry; racecourses; recreation areas; recreation establishments; recreation facilities; refreshment rooms; shops and commercial premises required in connection with an allowable use; showgrounds; turf farms; utility installations (other than gas holders or generating works); wetland improvement.

(5) Prohibited in the zone Development not identified in subclause (3) or (4).

cll 43: Am 17.8.2001; 2005 (560), Sch 1 [1].

General controls for development—Zone 6 (b) (the Private Open Space zone)

44 General controls for development—Zone 6 (b) (the Private Open Space zone)

(1) Land within the zone Land is within Zone 6 (b) (the Private Open Space zone) if it is shown coloured medium green on the map.

(2) Objective of the zone To identify areas where private recreation facilities may be developed.

(3) Allowed without development consent Exempt development and development for the purpose of—

aids to navigation; home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).

(4) Allowed only with development consent Development for the purpose of—

advertisements displaying the purpose for which the land is used; backpackers inns; bed and breakfasts; clearing of land; community facilities; drainage; dwelling houses required for use or occupation by persons employed in connection with an allowable use or a use granted consent; educational establishments; filling; general agriculture; home occupations where the occupation or industry involves the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991; intensive horticulture; places of assembly; places of public worship; racecourses; recreation areas; recreation establishments; recreation facilities; refreshment rooms; shops and commercial premises required in connection with an allowable use or a use granted consent; turf farms; tourist facilities; utility installations (other than gas holders or generating works); wetland improvement.

(5) Prohibited in the zone Development not identified in subclause (3) or (4).

cll 44: Am 17.8.2001; 2005 (560), Sch 1 [1].

Restriction on granting consent for development within Zone 6 (a)

45 Restriction on granting consent for development within Zone 6 (a)

Despite any other provision of this plan, the Council must not consent to any development on land within Zone 6 (a) unless it has considered—

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

(b) the impact of the proposed development on the existing or likely future use of the land, and

(c) the need to retain the land for its existing or likely future use.

Controls for building dwelling houses within Zone 6 (a)

46 Controls for building dwelling houses within Zone 6 (a)

Despite any other provision of this plan, the Council must not consent to the erection of a dwelling house on land within Zone 6 (a) unless it is satisfied that the dwelling house is to be used for the permanent occupation of a caretaker or manager for the property on which the dwelling house is to be located.

Temporary uses by charities and service clubs within Zones 6 (a) and 6 (b)

47 Temporary uses by charities and service clubs within Zones 6 (a) and 6 (b)

(1) Despite any other provision of this plan, a person may, with the consent of the Council, carry out development on land within Zone 6 (a) or 6 (b) for the purpose of temporary activities such as markets, exhibitions and fund raising, but only if—

(a) the activity will be carried out by an established non-profit organisation, and

(b) the consent will not have the effect of allowing the same site to be used for the those kinds of activities more than 12 times in any one year.

(2) In considering whether to grant consent to the carrying out of any such development, the Council must take into account—

(a) the desirability (from the Council’s view point) of the proposed development on the land, and

(b) the suitability of the land for the proposed development, and

(c) the availability and suitability of alternative sites for the proposed development, and

(d) the impact of the proposed development on the land and the neighbourhood, and

(e) the desirability of retaining the land for its existing or likely future use.

Part 8

Environmental Protection Zones Provisions

Part 8 Environmental Protection Zones Provisions

General controls for development—Zone 7 (a) (the Environmental Protection (Wetlands) zone)

48 General controls for development—Zone 7 (a) (the Environmental Protection (Wetlands) zone)

(1) Land within the zone Land is within Zone 7 (a) (the Environmental Protection (Wetland) zone) if it is shown coloured rust on the map.

(2) Objectives of the zone

(a) To protect and enhance wetland areas which provide important habitats for species of wetland flora and fauna.

(b) To maintain and enhance wetland environments which provide limited recreational and aesthetic opportunities for the public.

(3) Allowed without development consent Development for the purpose of—

Nil.

(4) Allowed only with development consent Development for the purpose of—

aids to navigation; cycleways; drainage; filling; general agriculture; utility installations (other than gas holders or generating works); wetland improvement.

(5) Prohibited in the zone Development not included in subclause (3) or (4).

General controls for development—Zone 7 (d) (the Environmental Protection (Scenic) zone)

49 General controls for development—Zone 7 (d) (the Environmental Protection (Scenic) zone)

(1) Land within the zone Land is within Zone 7 (d) (the Environmental Protection (Scenic) zone) if it is shown coloured light tan on the map.

(2) Objective of the zone To protect scenic areas which are generally undeveloped and which provide an important visual backdrop for the urban areas.

(3) Allowed without development consent Exempt development and development for the purpose of—

aids to navigation; home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).

(4) Allowed only with development consent Development for the purpose of—

advertisements displaying the purpose for which the land is used; animal boarding, breeding or training establishments; attached dual occupancies; bed and breakfasts; clearing of land; drainage; dwelling houses; filling; general agriculture; home occupations where the occupation or industry involves the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991; intensive horticulture; intensive livestock keeping; plantation forestry; recreation areas; recreation establishments; roadside stalls; rural industries; tourist facilities; turf farms; utility installations (other than gas holders or generating works); veterinary surgeries; wetland improvement.

(5) Prohibited in the zone Development not included in subclause (3) or (4).

cll 49–53: Am 17.8.2001; 2005 (560), Sch 1 [1].

General controls for development—Zone 7 (e) (the Environmental Protection (Escarpment) zone)

50 General controls for development—Zone 7 (e) (the Environmental Protection (Escarpment) zone)

(1) Land within the zone Land is within Zone 7 (e) (the Environmental Protection (Escarpment) zone) if it is shown coloured medium tan on the map.

(2) Objective of the zone To protect escarpment areas which are generally undeveloped and which provide an important visual backdrop for urban areas and which support important native flora and fauna habitats.

(3) Allowed without development consent Exempt development and development for the purpose of—

home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).

(4) Allowed only with development consent Development for the purpose of—

advertisements displaying the purpose for which the land is used; attached dual occupancies; bed and breakfasts; clearing of land; drainage; dwelling houses; filling; general agriculture; home occupations where the occupation or industry involves the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991; intensive horticulture; mines; plantation forestry; recreation areas; recreation establishments; roadside stalls; rural industries; utility installations (other than gas holders or generating works); veterinary surgeries; wetland improvement.

(5) Prohibited in the zone Development not included in subclause (3) or (4).

cll 49–53: Am 17.8.2001; 2005 (560), Sch 1 [1].

General controls for development—Zone 7 (f2) (the Environmental Protection (Foreshore) zone)

51 General controls for development—Zone 7 (f2) (the Environmental Protection (Foreshore) zone)

(1) Land within the zone Land is within Zone 7 (f2) (the Environmental Protection (Foreshore) zone) if it is shown coloured dark tan on the map.

(2) Objective of the zone To protect prominent foreshore areas which are generally undeveloped and which provide aesthetic and recreational opportunities for the public.

(3) Allowed without development consent Exempt development and development for the purpose of—

aids to navigation; home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).

(4) Allowed only with development consent Development for the purpose of—

advertisements displaying the purpose for which the land is used; bed and breakfasts; clearing of land; drainage; dwelling houses; filling; general agriculture; home occupations where the occupation or industry involves the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991; recreation areas; local roads; tourist facilities; utility installations (other than gas holders or generating works); wetland improvement.

(5) Prohibited in the zone Development not included in subclause (3) or (4).

cll 49–53: Am 17.8.2001; 2005 (560), Sch 1 [1].

General controls for development—Zone 7 (g) (the Environmental Protection (Living Area 1) zone)

52 General controls for development—Zone 7 (g) (the Environmental Protection (Living Area 1) zone)

(1) Land within the zone Land is within Zone 7 (g) (the Environmental Protection (Living Area 1) zone) if it is shown coloured medium tan and lettered 7 (g) on the map.

(2) Objectives of the zone

(a) To allow small rural holdings to be created taking advantage of the availability of rural land not generally suited to agriculture, industrial or urban uses.

(b) To maintain the environmental quality and visual amenity of Shellharbour’s rural areas.

(c) To protect the quality of waters in the locality concerned.

(d) To preserve the rural backdrop to existing and proposed residential areas.

(e) To reduce the demand for subdivision for residential purposes of rural land.

(3) Allowed without development consent Exempt development and development for the purpose of—

home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).

(4) Allowed only with development consent Development for the purpose of—

advertisements displaying the purpose for which the land is used; bed and breakfasts; clearing of land; drainage; dwelling houses; education establishments; filling; general agriculture; home occupations where the occupation or industry involves the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991; intensive horticulture; places of public worship; plantation forestry; professional consulting rooms; turf farms; utility installations; veterinary surgeries; wetland improvement.

(5) Prohibited in the zone Development not included in subclause (3) or (4).

cll 49–53: Am 17.8.2001; 2005 (560), Sch 1 [1].

General controls for development—Zone 7 (h) (the Environmental Protection (Living Area 2) zone)

53 General controls for development—Zone 7 (h) (the Environmental Protection (Living Area 2) zone)

(1) Land within the zone Land is within Zone 7 (h) (the Environmental Protection (Living Area 2) zone) if it is shown coloured medium tan and lettered 7 (h) on the map.

(2) Objectives of the zone

(a) To provide for low density detached dwelling development in localities that cannot support conventional densities by virtue of servicing constraints, the visual prominence of the site, the need to retain important remnant vegetation or any other reason.

(b) To ensure the housing styles are sympathetic to a semi-rural setting and maintain the visual amenity of the locality.

(c) To ensure areas of remnant bushland are preserved.

(3) Allowed without development consent Exempt development and development for the purpose of—

home-based child care; home businesses; home occupations (excluding an occupation or industry involving the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991).

(4) Allowed only with development consent Development for the purpose of—

advertisements displaying the purpose for which the land is used; bed and breakfasts; clearing of land; drainage; dwelling houses; educational establishments; filling; home occupations where the occupation or industry involves the handling or preparation (or both) of food for sale or the carrying out of skin penetration procedures as defined in the Public Health Act 1991; professional consulting rooms; turf farms; utility installations; wetland improvement.

(5) Prohibited in the zone Development not included in subclause (3) or (4).

cll 49–53: Am 17.8.2001; 2005 (560), Sch 1 [1].

Controls for subdivision of land within Zones 7 (a), 7 (d) and 7 (e)

54 Controls for subdivision of land within Zones 7 (a), 7 (d) and 7 (e)

(1) The Council must not consent to a subdivision of land within Zone 7 (a), 7 (d) or 7 (e) unless—

(a) each allotment to be created will have an area of not less than 40 hectares or the Council is satisfied that any proposed smaller allotment is not intended to be used for the purpose of agriculture or a dwelling house, but is intended to be used for another lawful purpose, and

(b) where any allotment proposed to be created will have a frontage to a main road, the frontage will be not less than 200 metres, and

(c) the Council has been informed of the purpose for which each proposed allotment to be created by the subdivision is intended to be used and, where the purpose is agriculture, of the form of agriculture for which the allotment is intended to be used.

Controls for building dwelling houses within Zones 7 (d) and 7 (e)

55 Controls for building dwelling houses within Zones 7 (d) and 7 (e)

(1) Despite any other provision of this plan, the Council must not consent to the erection of a dwelling house on an allotment within Zone 7 (d) or 7 (e) that has an area of less than 40 hectares unless—

(a) that allotment is a vacant original holding, or

(b) the allotment has been created in accordance with a subdivision approval (or a consent for a subdivision) on which no condition has been imposed prohibiting the erection of a dwelling house on the subject property.

(2) Despite any other provision of this plan, the Council must not consent to the erection of more than one dwelling house on an allotment within Zone 7 (d) or 7 (e) unless the dwelling house will be used or occupied by a person engaged by the owner of that land in the pursuit of agriculture on that land or on land adjacent to or adjoining that land.

(3) Consent must not be granted for a dwelling house on an allotment of land in Zone 7 (d) or 7 (e) with an area of less than 40 hectares unless the Council places a condition on the consent requiring that allotment to be consolidated with any adjoining land in the same ownership until either all adjoining properties within the same ownership are consolidated or a minimum area of 40 hectares is achieved.

Controls for the development of certain land within Zone 7 (e)

56 Controls for the development of certain land within Zone 7 (e)

(1) The Council must not consent to development on land within Zone 7 (e) in the “Jamberoo Valley Escarpment Area” shown on the map unless—

(a) there is no reasonable alternative site for the proposed development, and

(b) the proposed development will not have a detrimental impact on the visual quality of the Jamberoo Valley, and

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

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

(e) adequate landscaping to screen the development will be provided, and

(f) it has given consideration to the impact that the proposed development will have on the scenic quality of the Jamberoo Valley by way of colour, bulk, vegetation removal, road access, visual intrusiveness, reflection and traffic generation, and is satisfied that such measures as will, in the Council’s opinion, minimise that impact are proposed to be taken.

(2) The Council must take the following into consideration when assessing an application for consent to clear any land within Zone 7 (e) shown stippled on Sheet 3 of the map marked “Illawarra Regional Environmental Plan No 2—Jamberoo Valley” deposited in the office of the Department of Urban Affairs and Planning (being areas of significant vegetation)—

(a) the movement of native fauna,

(b) any rare or significant flora or fauna,

(c) any rare or significant habitats,

(d) the effect of the proposed clearing on adjacent or adjoining lands under the control of the National Parks and Wildlife Service,

(e) whether there is a reasonable alternative to the removal of that vegetation or the extent of the removal of that vegetation,

(f) the visual impact on the scenic quality of the Jamberoo Valley by breaking any unbroken natural tree canopy cover or creating smaller discrete parcels of vegetation from an existing stand.

Controls for subdivision of land within Zone 7 (f2)

57 Controls for subdivision of land within Zone 7 (f2)

(1) The Council must not consent to the subdivision of land within Zone 7 (f2) unless—

(a) each allotment to be created will have an area of not less than 40 hectares or the Council is satisfied that any proposed smaller allotment is not intended to be used for the purpose of agriculture or a dwelling house, but is intended to be used for another lawful purpose, and

(b) where any allotment proposed to be created will have a frontage to a main road, the frontage will be not less than 200 metres, and

(c) the Council has been informed of the purpose for which each proposed allotment to be created by the subdivision is intended to be used and, where the purpose is agriculture, of the form of agriculture for which the allotment is intended to be used.

(2) The Council must not grant consent to a subdivision of land within Zone 7 (f2) unless it has taken into consideration the following—

(a) the extent to which the development would affect the scenic qualities of the coastal landscape, headlands, dune systems, and the hinterland, including lagoons, lakes and areas where the original vegetation is still dominant,

(b) whether the development would result in the degradation of, or restriction of access to, coastal recreation areas,

(c) any plan, code, policy or design adopted by resolution of the Coastal Council of New South Wales for the purpose of protecting coastal lands,

(d) the potential impacts of climate change including sea level rise.

(3) (Repealed)

cl 57: Am 2008 (571), Sch 3.158 [2].

Restrictions on granting consent within Zone 7 (f2)

58 Restrictions on granting consent within Zone 7 (f2)

(1) Despite any other provision of this plan, the Council must not consent to the erection of a dwelling house on land within Zone 7 (f2) unless the dwelling house is to be used for the permanent occupation of a caretaker or manager for the property on which the dwelling house is to be located.

(2) The matters that the Council must take into consideration in deciding whether to grant consent to development on land within Zone 7 (f2) for the purpose of additions or alterations to an existing building or work, tourist facilities, dams, drainage, dwelling houses, roads or utility installations (other than gas holders or generation works) are—

(a) the extent to which the development would affect the scenic qualities of the coastal landscape, headlands, dune systems, and the hinterland, including lagoons, lakes and areas where the original vegetation is still dominant, and

(b) whether the development would result in the degradation of, or restriction of access to, coastal recreation areas, and

(c) any plan, code, policy or design adopted by resolution of the Coastal Council of New South Wales for the purpose of protecting coastal lands, and

(d) the potential impacts of climate change including sea level rise.

(3) (Repealed)

cl 58: Am 2008 (571), Sch 3.158 [3].

Acquisition of land within Zone 7 (f2)

59 Acquisition of land within Zone 7 (f2)

(1) The owner of land within Zone 7 (f2) may, by notice in writing, require the corporation to acquire the land.

(2) On receipt of such a notice, the corporation must acquire the land.

Controls for subdivision of land within Zone 7 (g)

60 Controls for subdivision of land within Zone 7 (g)

The Council must not consent to the subdivision of land within Zone 7 (g) unless—

(a) each allotment to be created (including any proposed lot under the Strata Schemes (Leasehold Development) Act 1973 or the Community Land Development Act 1989) will have an area of not less than 4 hectares, and

(b) the Council has taken into consideration—

(i) the land capability (including soil resources, soil stability and capacity for on-site waste disposal) and the natural constraints, and hazards of the land to be subdivided in relation to the density and design of the allotments proposed to be created, and

(ii) the desirability of providing a range and mix of allotment sizes, and

(iii) the ability to provide services to the land, and

(iv) whether the design of each allotment to be created by the subdivision is satisfactory for the provision of those services.

Controls for building dwelling houses within Zone 7 (g)

61 Controls for building dwelling houses within Zone 7 (g)

A person must not erect a dwelling house on an allotment of land within Zone 7 (g) unless that land is an allotment created by a subdivision to which the Council has consented in accordance with this plan.

Controls for subdivision of land within Zone 7 (h)

62 Controls for subdivision of land within Zone 7 (h)

The Council must not consent to the subdivision of land within Zone 7 (h) unless—

(a) the average size of the allotments to be created (including any proposed lot under the Strata Schemes (Leasehold Development) Act 1973 or the Community Land Development Act 1989) is not less than 1000 square metres, and

(b) the Council has taken into consideration—

(i) the land capability (including soil resources, soil stability and capacity for on-site waste disposal) and the natural constraints, and hazards of the land to be subdivided in relation to the density and design of the allotments proposed to be created, and

(ii) the desirability of providing a range and mixture of allotment sizes, and

(iii) the ability to provide services to the land, and

(iv) whether the design of each allotment to be created by the subdivision is satisfactory for the provision of those services.

63

63 (Repealed)

Part 9

National Parks and Nature Reserves Zone Provisions

Part 9 National Parks and Nature Reserves Zone Provisions

General controls for development—Zone 8 (the National Parks and Nature Reserves zone)

64 General controls for development—Zone 8 (the National Parks and Nature Reserves zone)

(1) Land within the zone Land is within Zone 8 (the National Parks and Nature Reserves zone) if it is shown coloured olive green on the map.

(2) Objectives of the zone

(a) To identify land which is reserved or dedicated under the National Parks and Wildlife Act 1974.

(b) To allow for the appropriate use of that land as provided for in the National Parks and Wildlife Act 1974.

(3) Allowed without development consent Development for the purpose of—

Nil.

(4) Allowed only with development consent Any development authorised by or under the National Parks and Wildlife Act 1974 or any other development ordinarily incidental or ancillary to any such development.

(5) Prohibited in the zone Development not included in subclause (3) or (4).

Part 10

Reservation Zones Provisions

Part 10 Reservation Zones Provisions

General controls for development—Zone 9 (b) (the Arterial Roads Reservation zone)

65 General controls for development—Zone 9 (b) (the Arterial Roads Reservation zone)

(1) Land within the zone Land is within Zone 9 (b) (the Arterial Roads Reservation zone) if it is shown coloured red on the map.

(2) Objective of the zone To provide for the acquisition of land reserved for main or arterial roads.

(3) Allowed without development consent Development for the purpose of—

main or arterial roads; widening of existing main or arterial roads.

(4) Allowed only with development consent Development for the purpose of—

clearing of land; drainage; extractive industry; filling, mineral sand mines; turf farms; utility installations (other than gas holders and generating works); wetland improvement.

(5) Prohibited in the zone Development not included in subclause (3) or (4).

General controls for development—Zone 9 (c) (the Local Roads Reservation zone)

66 General controls for development—Zone 9 (c) (the Local Roads Reservation zone)

(1) Land within the zone Land is within Zone 9 (c) (the Local Roads Reservation zone) if it is shown coloured light grey on the map.

(2) Objective of the zone To permit the development of reserved land where it is not immediately required for local roads.

(3) Allowed without development consent Development for the purpose of—

local roads; widening of local existing roads.

(4) Allowed only with development consent Development for the purpose of—

clearing of land; drainage; filling; utility installations (other than gas holders and generating works); wetland improvement.

(5) Prohibited in the zone Development not included in subclause (3) or (4).

General controls for development—Zone 9 (d) (the Open Space Reservation zone)

67 General controls for development—Zone 9 (d) (the Open Space Reservation zone)

(1) Land within the zone Land is within Zone 9 (d) (the Open Space Reservation zone) if it is shown coloured dark green on the map.

(2) Objective of the zone To allow the continued use of reserved land until it is required.

(3) Allowed without development consent Development for the purpose of—

aids to navigation; bushfire hazard reduction; landscaping.

(4) Allowed only with development consent Development for the purpose of—

clearing of land; drainage; filling; general agriculture; intensive horticulture; plantation forestry; recreation areas; showgrounds; utility installations (other than gas holders and generating works); wetland improvement.

(5) Prohibited in the zone Development not included in subclause (3) or (4).

Acquisition of land within Zone 9 (b)

68 Acquisition of land within Zone 9 (b)

Note—

Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.

(1) The owner of any land within Zone 9 (b) may, by notice in writing, require the Roads and Traffic Authority (RTA) to acquire the land. On receipt of such a notice, the RTA must acquire the land if—

(a) the land is vacant, or

(b) the land is not vacant but is included in the 5-year works program of the RTA current at the time of the receipt of the notice, or

(c) (Repealed)

(d) the land is not vacant but the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable period of time,

but the RTA is not required to acquire the land if it might reasonably be required to be dedicated for public road.

(2) Despite any other provision of this plan, land within Zone 9 (b) (whether or not it has been acquired) may be developed, with the consent of the Council, for any purpose for which development or compatible development may be carried out on land in an adjoining zone. In granting such a consent, the Council may impose conditions—

(a) requiring the removal of any building or work for which it has granted consent, or

(b) requiring the reinstatement of the land or removal of any waste materials or refuse.

(c) (Repealed)

(3) (Repealed)

cl 68: Am 2008 (571), Sch 3.158 [4]–[6]; 2021 (716), Sch 1.21[1] [2].

Acquisition of land within Zone 9 (c)

69 Acquisition of land within Zone 9 (c)

(1) The owner of land within Zone 9 (c) may, by notice in writing, require the Council to acquire the land. On receipt of such a notice, the Council must acquire the land.

(2) Despite any other provision of this plan, until it is acquired, land within Zone 9 (c) may be developed, with the consent of the Council, for any purpose for which development or compatible development may be carried out on land in an adjoining zone. In granting such a consent, the Council may apply conditions requiring—

(a) the removal of any building or work for which it has granted consent, and

(b) the reinstatement of the land or removal of any waste materials or refuse.

Temporary uses by charities and service clubs within Zone 9 (d)

70 Temporary uses by charities and service clubs within Zone 9 (d)

(1) Despite any other provision of this plan, a person may, with the consent of the Council, carry out development on land within Zone 9 (d) for the purpose of temporary activities such as markets, exhibitions and fund raising, but only if—

(a) the activity will be carried out by an established non-profit organisation, and

(b) the consent will not have the effect of allowing the same site to be used for the those kinds of activities more than 12 times in any one year.

(2) In considering whether to grant consent to the carrying out of any such development, the Council must take into account—

(a) the desirability (from the Council’s view point) of the proposed development on the land, and

(b) the suitability of the land for the proposed development, and

(c) the availability and suitability of alternative sites for the proposed development, and

(d) the impact of the proposed development on the land and the neighbourhood, and

(e) the desirability of retaining the land for its existing or likely future use.

Acquisition of land within Zone 9 (d)

71 Acquisition of land within Zone 9 (d)

(1) The owner of land within Zone 9 (d) may, by notice in writing, require the Council to acquire the land. On receipt of such a notice, the Council must acquire the land.

(2) Despite any other provision of this plan, until it is acquired, land within Zone 9 (d) may be developed, with the consent of the Council, for any purpose for which development or compatible development may be carried out on land in an adjoining zone. In granting such a consent, the Council may apply conditions requiring—

(a) the removal of any building or work for which it has granted consent, and

(b) the reinstatement of the land or removal of any waste materials or refuse.

Part 11

Heritage Conservation Provisions

Part 11 Heritage Conservation Provisions

pt 11: Subst 2006 (151), Sch 1 [1].

Heritage objectives

72 Heritage objectives

The objectives of this plan in relation to heritage are—

(a) to conserve the environmental heritage of the Shellharbour City local government area, and

(b) to conserve the heritage significance of existing significant fabric, relics, Aboriginal objects, settings and views associated with the heritage significance of heritage items and heritage conservation areas, and

(c) to ensure that archaeological sites and places of Aboriginal heritage significance are conserved, and

(d) to ensure that the heritage conservation areas throughout the Shellharbour City local government area retain their heritage significance.

cl 72: Subst 2006 (151), Sch 1 [1].

Protection of heritage items, heritage conservation areas, relics and Aboriginal objects

73 Protection of heritage items, heritage conservation areas, relics and Aboriginal objects

(1) The following development may be carried out only with development consent—

(a) demolishing, damaging or moving a heritage item, or a building, work, relic, Aboriginal object, tree or place within a heritage conservation area,

(b) altering a heritage item or a building, work, relic or Aboriginal object within a heritage conservation area by making structural changes to its exterior,

(c) altering a heritage item or a building, work, relic or Aboriginal object within a heritage conservation area by making non-structural changes to the detail, fabric, finish or appearance of its exterior,

(d) altering a heritage item by making structural changes to its interior,

(e) moving the whole or a part of a heritage item,

(f) erecting a building on, or subdividing, land on which a heritage item is located or which is within a heritage conservation area,

(g) disturbing or excavating a place of Aboriginal heritage significance or an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic or an Aboriginal object being discovered, exposed, moved, damaged or destroyed.

(2) Development consent is not required by this clause if—

(a) in the opinion of the consent authority—

(i) the proposed development is of a minor nature or consists of maintenance of the heritage item or of a building, work, archaeological site, tree or place within a heritage conservation area, and

(ii) the proposed development would not adversely affect the significance of the heritage item or heritage conservation area, and

(b) the proponent has notified the consent authority in writing of the proposed development and the consent authority has advised the applicant in writing, before any work is carried out, that it is satisfied that the proposed development will comply with this subclause and that development consent is not otherwise required by this plan.

(3) Development consent is not required by this clause for the following development in a cemetery or burial ground if there will be no disturbance to human remains, relics in the form of grave goods, Aboriginal objects in the form of grave goods or to a place of Aboriginal heritage significance—

(a) the creation of a new grave or monument,

(b) an excavation or disturbance of land for the purpose of carrying out conservation or repair of monuments or grave markers.

(4) Before granting a consent required by this clause, the consent authority must assess the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

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).

(5) The assessment must include consideration of a heritage impact statement that addresses at least the following issues (but is not to be limited to assessment of those issues, if the heritage significance concerned involves other issues). The consent authority may also decline to grant such a consent until it has considered a conservation management plan, if it considers the development proposed should be assessed with regard to such a plan.

(6) The minimum number of issues that must be addressed by the heritage impact statement are—

(a) for development that would affect a heritage item—

(i) the heritage significance of the item as part of the environmental heritage of the Shellharbour City local government area, and

(ii) the impact that the proposed development will have on the heritage significance of the item and its setting, including any landscape or horticultural features, and

(iii) the measures proposed to conserve the heritage significance of the item and its setting, and

(iv) whether any archaeological site would be adversely affected by the proposed development, and

(v) the extent to which the carrying out of the proposed development would affect the form of any historic subdivision, and

(b) for development that would be carried out in a heritage conservation area—

(i) the heritage significance of the heritage conservation area and the contribution which any building, work, relic, Aboriginal object, tree or place affected by the proposed development makes to this heritage significance, and

(ii) the impact that the proposed development would have on the heritage significance of the heritage conservation area, and

(iii) the compatibility of the proposed development with nearby original buildings and the character of the heritage conservation area, taking into account the size, form, scale, orientation, setbacks, materials and detailing of the proposed development, and

(iv) the measures proposed to conserve the significance of the heritage conservation area and its setting, and

(v) whether any landscape or horticultural features would be affected by the proposed development, and

(vi) whether any archaeological site would be affected by the proposed development, and

(vii) the extent to which the carrying out of the proposed development in accordance with the consent would affect any historic subdivision pattern, and

(viii) the issues raised by any submission received in relation to the proposed development in response to the notification or advertising of the application.

cl 73: Subst 2006 (151), Sch 1 [1]. Am 2008 (571), Sch 3.158 [7].

Development in heritage conservation areas

74 Development in heritage conservation areas

(1) Before granting consent for the erection of a building within a heritage conservation area, the consent authority must be satisfied that the features of the proposed building will be compatible with the heritage significance of the heritage conservation area, having regard to the form of, and materials used in, buildings that contribute to the heritage significance of the heritage conservation area.

(2) In satisfying itself about those features, the consent authority must have regard to at least the following (but is not to be limited to having regard to those features)—

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

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

(c) the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building.

cl 74: Subst 2006 (151), Sch 1 [1].

Notice of certain heritage development applications

75 Notice of certain heritage development applications

(1) (Repealed)

(2) Before granting consent to the demolishing or damaging of a heritage item identified in Schedule 3 as being of State significance, the consent authority must be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.

cl 75: Subst 2006 (151), Sch 1 [1]. Am 2008 (571), Sch 3.158 [8]; 2021 (716), Sch 1.21[3].

75A

Development affecting places or sites of Aboriginal heritage significance

75A Development affecting places or sites of Aboriginal heritage significance

Before granting consent for development that is likely to have an impact on a place of Aboriginal heritage significance, or that will be carried out on an archaeological site of an Aboriginal object that has Aboriginal heritage significance, the consent authority must—

(a) consider the effect on the heritage significance of the place or site and any Aboriginal object known or reasonably likely to be located at the place or site, and

(b) except where the proposed development is integrated development, notify the local Aboriginal communities (in such way as it thinks appropriate) of its intention to do so and take into consideration any comments received in response within 21 days after the relevant notice is sent.

cl 75A: Ins 2006 (151), Sch 1 [1]. Am 2008 (571), Sch 3.158 [9] [10].

75B

Development affecting archaeological sites of relics of non-Aboriginal heritage significance

75B Development affecting archaeological sites of relics of non-Aboriginal heritage significance

(1) Before granting consent for development that will be carried out on an archaeological site of a relic that has non-Aboriginal heritage significance (whether or not it is also the site of an Aboriginal object of Aboriginal heritage significance), the consent authority must—

(a) consider a heritage impact statement explaining how the proposed development would affect the conservation of the site and any relic or Aboriginal object known or reasonably likely to be located at the site, and

(b) notify the Heritage Council of its intention to do so and take into consideration any comments received in response within 28 days after the notice is sent.

(2) This clause does not apply if the proposed development—

(a) does not involve disturbance of below-ground deposits and the consent authority is of the opinion that the heritage significance of any above-ground relics or Aboriginal objects would not be adversely affected by the proposed development, or

(b) is integrated development.

cll 75B: Ins 2006 (151), Sch 1 [1].

75C

Development in the vicinity of heritage items

75C Development in the vicinity of heritage items

(1) Before granting consent to development in the vicinity of a heritage item, the consent authority must assess the impact of the proposed development on the heritage significance of the heritage item and of any heritage conservation area within which it is situated.

(2) This clause extends to development—

(a) that may have an impact on the setting of a heritage item, for example, by affecting a significant view to or from the item or by overshadowing, or

(b) that may undermine or otherwise cause physical damage to a heritage item, or

(c) that will otherwise have any adverse impact on the heritage significance of a heritage item or of any heritage conservation area within which it is situated.

(3) The consent authority may refuse to grant any such consent unless it has considered a heritage impact statement that will help it assess the impact of the proposed development on the heritage significance, visual curtilage and setting of the heritage item.

(4) The heritage impact statement should include details of the size, shape and scale of, setbacks for, and the materials to be used in, any proposed buildings or works and details of any modification that would reduce the impact of the proposed development on the heritage significance of the heritage item.

cll 75C: Ins 2006 (151), Sch 1 [1].

Conservation incentives

76 Conservation incentives

The consent authority may grant consent to the use, for any purpose, of a building (that is a heritage item or is within a heritage conservation area) or of the land on which such a building is erected, even though the use would otherwise be prohibited by this plan, if it is satisfied that—

(a) the proposed use would not adversely affect the heritage significance of the item, its setting or the heritage conservation area, and

(b) the conservation of the heritage item or the heritage conservation area depends on the granting of the consent, and

(c) the proposed use is in accordance with a conservation management plan which has been endorsed by the consent authority, and

(d) the granting of consent to the proposed use would ensure that all necessary conservation work identified in the conservation management plan is carried out, and

(e) the proposed use would not adversely affect the amenity of the surrounding area otherwise than to an insignificant extent.

cl 76: Subst 2006 (151), Sch 1 [1].

Part 12

Miscellaneous Provisions

Part 12 Miscellaneous Provisions

Subdivision—consent requirements

77 Subdivision—consent requirements

Land to which this plan applies may be subdivided, but only with development consent.

Notes—

cl 77: Am 17.8.2001. Subst 2019 (659), Sch 2.23[1].

Suspension of restrictions on land

78 Suspension of restrictions on land

(1) For the purpose of enabling development to be carried out in accordance with this plan or in accordance with a consent granted under the Act, the operation of any covenant, agreement or like instrument imposing restrictions on the development shall not apply to the development.

(2) Pursuant to section 28 of the Act, before the making of this plan the Governor approved of subclause (1).

Development on beds of lakes, rivers etc

79 Development on beds of lakes, rivers etc

A person shall not, without development consent, carry out any development on any land shown uncoloured on the map forming part of the bed of a harbour, bay, lake, river, lagoon, creek or any other natural watercourse.

Community use of school facilities and sites

80 Community use of school facilities and sites

(1) Where land to which this plan applies is used for the purpose of an educational establishment, the site and facilities of the establishment may, with development consent, be used for the purpose of meeting rooms, public halls, public libraries, entertainment, sport or recreation or for any other community purpose, whether or not any such use is a commercial use of the land.

(2) Nothing in this clause requires development consent to be granted for the carrying out of development on any land if that development could, but for this clause, be carried out on that land without development consent.

Classification or reclassification of public land as operational land

81 Classification or reclassification of public land as operational land

(1) The public land described in Schedule 5 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

(2) In accordance with section 30 of the Local Government Act 1993, a parcel of land described in Part 2 of Schedule 5, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from any trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except for—

(a1) those (if any) specified for the land in Part 2 of Schedule 5, and

(a) any reservations that except land out of a Crown grant relating to the land, and

(b) reservations of minerals (within the meaning of the Crown Land Management Act 2016).

(3) Before the relevant amending plan that inserted the description of a parcel of land into Part 2 of Schedule 5 was made, the Governor approved of subclause (2) applying to the land.

(4) In this clause, the relevant amending plan, in relation to a parcel of land described in Part 2 of Schedule 5, is the local environmental plan cited at the end of the description of the parcel.

(4A) Land described in Part 3 of Schedule 5—

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

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

(5) Land described in Part 1 of Schedule 5 is not affected by the amendments make by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993.

cl 81: Am 27.2.2004; 2019 (621), Sch 2.14.

Exceptions

82 Exceptions

(1) Nothing in this plan prevents a person, with development consent, from carrying out development on land referred to in Schedule 6 for a purpose specified in relation to that land in that Schedule, subject to such conditions, if any, as are so specified.

(2) Subclause (1) does not affect the operation of any provision within this plan that is consistent with the consent to such development.

Development of Oak Flats interchange site, Pioneer Drive, Oak Flats

83 Development of Oak Flats interchange site, Pioneer Drive, Oak Flats

(1) This clause applies to land within Zone 5 (a) known as the Oak Flats interchange site, being Lot 2, DP 605483 and Lot 71, DP 788843, Pioneer Drive, Oak Flats, and as shown edged with a broken light blue line and lettered “Schedule 5” on Sheet 1 of the map marked “Shellharbour Local Environmental Plan 2000 (Amendment No 8)”.

(2) Despite any other provision of this plan, the Council may only consent to development of the land to which this clause applies for one or more of the following purposes—

(a) an integrated bus, rail and road interchange facility that may include car parking, commuter drop off and pick up areas, bus stops, taxi ranks, bus and taxi shelters and bus driver facilities,

(b) retail and commercial development ancillary to the interchange facility that supports, but does not significantly detract from, the commercial viability of the Oak Flats commercial centre, and includes—

(i) land uses that serve the needs of commuters, such as convenience stores, medical and emergency services, child care centres and pre-schools, and

(ii) transport or interchange related uses,

(c) public buildings.

cl 83: Rep 1.8.2003. Ins 2007 (264), Sch 1 [1].

Development in the vicinity of Illawarra Regional Airport

84 Development in the vicinity of Illawarra Regional Airport

Despite any other provision of this plan, consent must not be granted to development on land affected by restrictions as indicated in the plan titled “Airport Height Limitation and Noise Exposure Forecast Plan” dated 17 April 1998 and held in the office of the Council unless—

(a) the consent authority determines the proposal is acceptable in relation to building height, noise exposure, lighting and bird hazard management, and

(b) where a proposal does not comply with that plan, the Civil Aviation Safety Authority has been given notice of the proposal and any comments made by it to the consent authority within 28 days of its being notified have been taken into consideration by the consent authority.

Dunmore Wetland Catchment Protection Area

85 Dunmore Wetland Catchment Protection Area

(1) Consent must not be granted to the carrying out of any development on land identified as “Dunmore Wetland Catchment Protection Area” on the map unless the following ecological objectives of State Environmental Planning Policy No 14—Coastal Wetlands will be given effect in relation to land designated as Wetland No 374b on the map referred to in that policy—

(a) utilisation of the wetland habitat by migratory species listed on the JAMBA and CAMBA international migratory species agreements, being species that are recorded as using the wetland habitat,

(b) utilisation of the wetland habitat by regional wetland species, being species that are recorded as using the wetland habitat,

(c) environmental health of waterways within the Minnamurra River Catchment.

(2) In assessing whether a development proposal will give effect to the ecological objectives referred to in subclause (1), the consent authority must have regard to the following—

(a) protection of defined wetland values,

(b) protection of threatened species habitat,

(c) facilitation of land management activities within the catchment which are consistent with paragraphs (a) and (b).

Development on land identified on Acid Sulfate Soils Planning Maps

86 Development on land identified on Acid Sulfate Soils Planning Maps

(deferred matter)

Exempt and complying development

87 Exempt and complying development

(1) Development of minimal impact listed as exempt development in Shellharbour Development Control Plan No 9/98 for Exempt Development, as in force on 4 May 2005, is exempt development, despite any other provisions of this plan.

(2) Development listed as complying development in Shellharbour Development Control Plan No 11/98 for Complying Development, as in force on 4 May 2005, 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 the relevant development control plan referred to in subclause (1) or (2).

(4) A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Shellharbour Development Control Plan No 11/98 for Complying Development, as in force when the certificate is issued.

cl 87: Am 17.8.2001; 2005 (560), Sch 1 [2]–[4].

Brothels and restricted premises

88 Brothels and restricted premises

(1) The Council may only consent to an application for the carrying out of development for the purpose of a brothel or restricted premises if the brothel is not, or the restricted premises are not, located next to or directly opposite the following buildings or places—

(a) a dwelling house,

(b) a child care centre or a building or place providing home-based child care,

(c) a primary or secondary school,

(d) a place of public worship,

(e) a park,

(f) a playground,

(g) any other buildings or places regularly frequented by persons under 18 years of age.

(2) In considering an application for development referred to in subclause (1), the Council must consider the proximity of the proposed development to a building or place referred to in subclause (1) (a)–(g) and to the following buildings or places—

(a) a community facility,

(b) a hospital,

(c) premises licensed under the Liquor Act 1982.

(3) In this clause—

restricted premises means a building or place at 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 (Offences relating to advertising or displaying products associated with sexual behaviour) of the Crimes Act 1900 applies is conducted,

but does not include a newsagency or pharmacy.

cl 88: Ins 1.2.2002.

Savings and transitional provision

89 Savings and transitional provision

A development application lodged with the Council, but not finally determined, before the commencement of the Shellharbour Local Environmental Plan 2000 (Amendment No 7) is to be determined as if that plan had been exhibited but had not been made.

cl 89: Ins 1.8.2003.

Exceptions to development standards

90 Exceptions to development standards

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

(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2) Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3) Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant for development consent has demonstrated that—

(a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and

(b) there are sufficient environmental planning grounds to justify the contravention of the development standard.

Note—

The Environmental Planning and Assessment Regulation 2021 requires the development application to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).

(4) The consent authority must keep a record of its assessment carried out under subclause (3).

(5) (Repealed)

(6) Development consent must not be granted under this clause for a subdivision of land in Zone 1 (a)—Rural A Zone, Zone 1 (c)—Rural C Zone, Zone 1 (d)—Rural D (Horticultural) Zone, Zone 7 (a)—Environmental Protection (Wetlands) Zone, Zone 7 (d)—Environmental Protection (Scenic) Zone, Zone 7 (e)—Environmental Protection (Escarpment) Zone, Zone 7 (f2)—Environmental Protection (Foreshore) Zone, Zone 7 (g)—Environmental Protection (Living Area 1) Zone or Zone 7 (h)—Environmental Protection (Living Area 2) Zone if—

(a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or

(b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.

(7) (Repealed)

(8) This clause does not allow development consent to be granted for development that would contravene any of the following—

(a) a development standard for complying development,

(b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated.

cl 90: Ins 2019 (659), Sch 1.23[2]; 2023 (524), Sch 1.1[1].

Demolition requires development consent

91 Demolition requires development consent

The demolition of a building or work may be carried out only with development consent.

Note—

If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.

cll 91–93: Ins 2019 (659), Sch 2.23[2].

Temporary use of land

92 Temporary use of land

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

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

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

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

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

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

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

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

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

cll 91–93: Ins 2019 (659), Sch 2.23[2].

Conversion of fire alarms

93 Conversion of fire alarms

(1) This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.

(2) The following development may be carried out, but only with development consent—

(a) converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,

(b) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,

(c) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.

(3) Development to which subclause (2) applies is complying development if it consists only of—

(a) internal alterations to a building, or

(b) internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.

(4) A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.

(5) In this clause—

private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.

cll 91–93: Ins 2019 (659), Sch 2.23[2].

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

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

(1) The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—

(a) the playing or performance of music, including the following—

(i) the genre of music played or performed, or

(ii) whether the music played or performed is live or amplified, or

(iii) whether the music played or performed is original music, or

(iv) the number of musicians or live entertainment acts playing or performing, or

(v) the type of instruments played,

(b) whether dancing occurs,

(c) the presence or use of a dance floor or another area ordinarily used for dancing,

(d) the direction in which a stage for players or performers faces,

(e) the decoration to be used, including, for example, mirror balls, or lighting used by players or performers.

(2) The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.

(3) In this clause—

licensed premises has the same meaning as in the Liquor Act 2007.

cl 94: Ins 2020 (724), Sch 3.

Canal estate development prohibited

95 Canal estate development prohibited

(1) Canal estate development is prohibited on land to which this Plan applies.

(2) In this clause—

canal estate development has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

cl 95: Ins 2022 (629), Sch 3.8[1].

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