Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
This plan sets the zoning, permitted uses, subdivision and development controls for land in the City of Shoalhaven, adding environmental overlays (watercourses, catchments, vegetation linkages), heritage/Aboriginal safeguards and many site‑specific permissions in schedules. It operates by saying what needs Council consent, what is exempt, and what special conditions apply.
Council is the consent authority and landowners bear compliance costs. The plan’s stated purpose is orderly, ecologically sustainable development (cl 2); mechanically it changes private choices by permitting or restricting uses, imposing area/threshold tests and procedural requirements.
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Direct links to the current provisions in Shoalhaven Local Environmental Plan 1985.
Part 1 Preliminary
1 Name of plan
This plan may be cited as Shoalhaven Local Environmental Plan 1985.
cl 1: Am 5.3.2004.
1A References to City of Shoalhaven Local Environmental Plan 1985
A reference in any environmental planning instrument to City of Shoalhaven Local Environmental Plan 1985 is taken to be a reference to Shoalhaven Local Environmental Plan 1985, whether the instrument was made before or after the commencement of City of Shoalhaven Local Environmental Plan 1985 (Amendment No 213).
cl 1A: Ins 5.3.2004.
2 Aims, objectives etc
(1) The aims of this plan are—
(a) to provide guidelines in accordance with the objects of the Act for orderly and timely development and management of land use in the City,
(b) to enhance individual and community well-being and welfare by following a path of economic development that does not impair the welfare of future generations, and
(c) to work towards an ecologically sustainable future through the proper management, development, protection, restoration, enhancement and conservation of the environment of the City.
(2) The objectives of this plan are—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to provide for a variety of residential life styles,
(b) to ensure space is provided for community services and facilities as well as recreational activities,
(c) to enable a variety of commercial uses while consolidating existing commercial centres,
(d) to enable accommodation of industrial uses,
(e) to ensure that the council gives due regard to the effect of natural hazards upon development,
(f) to ensure that development and expansion of coastal villages are sympathetic to the coastal environment,
(g) to maintain the agricultural use of prime crop and pasture land by minimising development which has an adverse and irreversible impact on the land’s agricultural potential,
(h) to protect heritage items,
(i) to provide a safe and efficient transport network connecting land use activities inside and outside the City,
(j) to encourage the provision of adequate community facilities and services,
(k) to ensure the social amenity and well-being of the City,
(l) to provide the most appropriate public utility services in the most effective manner,
(m) to encourage appropriate forms of tourism which are sensitive to and compatible with the natural and cultural environments of the City,
(n) to maintain the rural character of non-urban areas,
(o) to ensure the protection of important natural and cultural environments,
(p) to protect and enhance scenic and landscape qualities,
(q) to ensure that the potential for winning extractive and mineral resources, where appropriate, is not compromised by other forms of development,
(r) to ensure that development achieves the water quality or river flow objectives of ground water, rivers, estuaries, wetlands and other water bodies,
(s) to avoid, mitigate or remedy the adverse effects of development on the environment,
(t) to minimise energy consumption and promote energy efficient design and appliance use,
(u) to minimise potable water consumption and promote wastewater reuse as well as water saving designs and fittings,
(v) to minimise waste generation and promote recycling and reuse of materials, and
(w) to minimise the clearing of native vegetation especially those local species which are poorly represented in conservation reserves.
(3) The strategies by which the aims referred to in subclause (1) and the objectives referred to in subclause (2) are to be achieved are by—
(a) identifying land use zones on the map, objectives for each zone, the type of land uses appropriate for each zone and whether consent of the Council for appropriate land uses is required (Part 2),
(b) establishing conditions under which subdivision, dwelling-houses and other types of development may be carried out in specific zones (Part 3, Divisions 1, 2, 3 and 4),
(c) specifying environmental outcomes for certain types of land or within certain zones (Part 3, Divisions 5 and 6),
(d) specifying controls on development within certain areas (Part 3, Divisions 7, 8 and 9), and
(e) providing schedules containing specific references to uses or land referred to in this plan (Schedules 1–7 and 9–11).
cl 2: Am 16.7.1999; 2004 No 91, Sch 2.72 [1]; 2007 (169), Sch 1 [1]; 2020 (724), Sch 2[1].
3 Land to which plan applies
(1) Except as provided by subclause (2), this plan applies to land within the City of Shoalhaven, as shown on the map, with boundaries as indicated on the map.
(2) This plan does not apply to land shown uncoloured, edged heavy black and marked “Deferred” on the map, being land excluded from the operation of this plan pursuant to section 68 (5) of the Act or to land within Zone 8 (a) or 8 (b) under Schedule 16.
Note—
This plan does not apply to land to which Shoalhaven Local Environmental Plan 2014 or Shoalhaven Local Environmental Plan (Jerberra Estate) 2014 applies—see clause 1.8 (2) of each of those plans.
cl 3: Am 10.1.1997; 2.6.2000; 2016 (310), Sch 2.1 [1] [2].
4 Relationship to other environmental planning instruments
(1) This plan—
(a) amends Interim Development Order No 1—Shire of Shoalhaven in the manner set out in subclause (2), and
(b) repeals Shoalhaven Local Environmental Plan Nos 1–12.
(2) Interim Development Order No 1—Shire of Shoalhaven is amended by inserting after clause 1 the following clause—
5 Model Provisions
(1) The Environmental Planning and Assessment Model Provisions 1980 (except for the definitions of agriculture, club, extractive material, home industry, home occupation, motel, residential flat building and units for aged persons in clause 4 (1) and clauses 15, 16, 23, 29, 30, 34, 35 (c), and item 8 of Schedule 1) are adopted for the purposes of this plan.
(2) A tree preservation order made and in force immediately before the appointed day and applying to land to which this plan applies shall be deemed to be a tree preservation order made in pursuance of clause 8 of the Environmental Planning and Assessment Model Provisions 1980, and may be rescinded or varied accordingly.
cl 5: Am 20.11.1992; 5.2.1993; 19.11.1993; 2.12.1994; 16.5.1997; 11.9.1998; 16.7.1999.
6 Interpretation
(1) In this plan, except in so far as the context or subject-matter otherwise indicates or requires—
agriculture means the use of land for cultivation, horticulture or animal husbandry but does not include a use of land elsewhere specifically defined in this clause.
animal boarding establishment means a building or place where cats or dogs are bred, trained, accommodated or nurtured for gain or reward.
appointed day means the day upon which this plan takes effect.
aquaculture means the commercial production (breeding, hatching, rearing or cultivation) of marine, estuarine or fresh water organisms, including aquatic plants or animals (such as fin fish, crustaceans, molluscs or other aquatic invertebrates).
aviation related land use means a building or place used as an office or for other business or commercial purposes or industry related to aviation, and includes a building or place used for the provision of services related to—
(a) the assembly, storage or land transport of air freight, or
(b) the accommodation or transportation of passengers by air or land, or
(c) the operation, maintenance or repair of aircraft, or
(d) the administrative functions associated with an airport, such as airport management and security, or
(e) the functions of government departments and authorities related to air passengers and air freight, or
(f) services provided for air passengers, including banking, dry cleaning, hairdressing, and the like.
bed and breakfast accommodation means the use of premises comprised of one or more buildings for the provision of accommodation and meals to temporary residents on a short-term basis where—
(a) the accommodation is, in each case, for a period not in excess of 21 days,
(b) no more than 12 residents (including permanent residents) are accommodated at any one time, and
(c) only permanent residents of the premises and other part-time employees are employed on the premises.
brothel means premises habitually used for the purposes of prostitution or that are designed to be used for that purpose. Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution.
bulky goods premises means a building or place used primarily for the sale by retail, wholesale or auction of (or for the hire or display of) bulky goods, being goods that are of such size or weight as to require—
(a) a large area for handling, display or storage, or
(b) direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,
but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale or hire or display of bulky goods.
club means a building used as the premises of a club registered under the Registered Clubs Act 1976.
cluster housing means the erection on a single allotment of land of 3 or more detached dwelling-houses.
community facility means—
(a) a children’s playground,
(b) a place used for sporting activities or sporting facilities,
(c) a place used to provide recreational facilities for the physical, cultural, social or intellectual welfare of the community or a group within the community, being facilities provided by a public authority or a body of persons associated to promote that welfare, or
(d) a building or place used, whether for gain or not, as a room, meeting room or the like by a public authority or a body of persons associated as a non-profit organisation to promote the physical, cultural, social or intellectual welfare of the community or a group within the community,
but does not include a club, racecourse or showground.
concessional allotment means—
(a) an allotment excised in accordance with clause 11 (2) or (3) of Interim Development Order No 1—Shire of Shoalhaven from land within the meaning of clause 11 (6) of that Order, or
(b) an allotment of between 2 and 40 hectares lawfully created under clause 11 (4) (a) of this plan as in force immediately before the commencement of City of Shoalhaven Local Environmental Plan 1985 (Amendment No 127), or
(c) an allotment of between 1 and 2 hectares lawfully created under clause 11 (4) (b) of this plan as in force immediately before the commencement of City of Shoalhaven Local Environmental Plan 1985 (Amendment No 127), or
(d) an allotment of between 4,000 square metres and less than 40 hectares lawfully created under clause 11 (4) (c) of this plan as in force immediately before the commencement of City of Shoalhaven Local Environmental Plan 1985 (Amendment No 127), or
(e) an allotment or portion for which development consent for a dwelling-house was obtained under clause 14 (2) (g) of this plan as in force immediately before the commencement of City of Shoalhaven Local Environmental Plan 1985 (Amendment No 127), being a consent that is current.
Council means the Council of the City of Shoalhaven.
dual occupancy development means development that results in 2 dwellings only (whether attached or detached), on a single allotment of land in one of the following forms—
(a) detached dual occupancy—two separate dwelling-houses which have parallel or corresponding architectural features in their building form,
(b) attached dual occupancy—two dwellings which are physically attached and characterised by a continuous roof profile with identical pitch resulting in the appearance of a single dwelling-house.
extractive material means sand, gravel, clay, soil, rock, stone or similar substances, but excludes turf and any sand, soil or other material remaining attached to turf after extraction of turf is carried out.
health services facility has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.
home activity means any activity carried out for either paid or unpaid employment purposes—
(a) in a dwelling or dwelling-house, or
(b) from a building, or area, within the curtilage of a dwelling-house, or
(c) from an outbuilding, or area, on a property in a rural location, or
(d) on land adjoining, and under the same ownership as, land on which such a dwelling, dwelling-house, building, outbuilding or area is situated,
if the dominant use of the premises or land is for domestic purposes, the activity is carried out by a resident of the premises or land and the activity does not involve the use of the premises or land for the purposes of use as sexual service premises.
identified land use for a site means a land use that is not specified as being allowed in the Table to clause 9 but which is consistent with the objectives of this plan and any relevant State environmental planning policy and regional environmental plan and which is identified by the Council as suitable due to the circumstances of the site.
intensive animal husbandry means an activity carried out within a building or on land involving the keeping or nurturing of cattle, goats, horses, poultry, sheep or other livestock for commercial purposes by predominantly supplementary feeding methods and, without limiting the generality of the foregoing, includes the use of a building or land for the purpose of—
(a) feed lots,
(b) piggeries, or
(c) poultry farms,
but does not include the use of a building or land for the purposes of an animal boarding establishment or for the keeping of livestock or poultry intended solely for personal consumption or enjoyment by the owner or occupier of the building or land, or intensive hand feeding of livestock as a result of natural disaster, including drought, flood or bush fire.
manufactured home estate means land on which manufactured homes are, or are to be, erected.
marina means a pontoon, jetty, pier or similar structure, designed or adapted to provide moorings for small boats used primarily for pleasure or recreation and includes ancillary works such as slipways, facilities for the repair and maintenance of boats and the provision of fuel, accessories and parts for boats, and of foodstuffs, but does not include a pontoon, jetty, pier or similar structure for private use involving 3 boats or less.
motel means a building or buildings (other than a hotel, boarding-house or residential flat building) substantially used for the overnight accommodation of travellers, or longer term accommodation for tourists, and the vehicles used by them, whether or not the building or buildings are also used in the provision of meals to those travellers, tourists or the general public.
Planning for Bush Fire Protection means the document prescribed by the Environmental Planning and Assessment Regulation 2021, section 271.
prime crop and pasture land means land identified as class 1, 2 or 3 on a map entitled “Agricultural Land Classification” produced by the Department of Agriculture, dated 1986, and available for public inspection at the office of the Council, but does not include land which the Director-General of the Department of Agriculture has notified the Council in writing is not prime crop and pasture land.
public utility infrastructure includes infrastructure for any of the following—
(a) the supply of water,
(b) the supply of electricity,
(c) the disposal and management of sewage.
residential flat building means a building containing 3 or more dwellings.
road transport depot means a building or place used for the servicing, repair and parking of vehicles used for the purpose of a road transport undertaking and includes a bus depot, but does not include a road transport terminal.
seniors housing means residential accommodation that consists of—
(a) a residential care facility, or
(b) a hostel, or
(c) a group of self-contained dwellings, or
(d) a combination of these,
and that is, or is intended to be, used permanently for—
(e) seniors or people who have a disability, or
(f) people who live in the same household with seniors or people who have a disability, or
(g) staff employed to assist in the administration of the residential accommodation or in the provision of services to persons living in the accommodation,
but does not include a hospital.
sexual services premises means premises (including a brothel) where sexual services of any sort (including, but not limited to, sexual intercourse, but excluding services rendered by a registered medical practitioner in the proper exercise of his or her profession) are provided for fee or reward.
Special Rural Lifestyle Area means land shown on the map by dashed lines, the words “Special Rural Lifestyle Area” and an area number.
stables means any building or part of a building used to receive, maintain or keep a horse, whether for the purposes of gain or not.
the map means the map marked “City of Shoalhaven Local Environmental Plan 1985”, as amended by the maps marked as follows—
Editorial note—
The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 2)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 4)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 5)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 7)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 8)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 10)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 11)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 12)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 13)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 14)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 15)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 17)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 18)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 20)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 21)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 22)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 23)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 24)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 28)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 29)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 31)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 32)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 33)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 34)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 35)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 36)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 37)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 38)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 39)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 40)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 41)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 42)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 43)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 44)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 46)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 48)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 50)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 51)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 52)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 53)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 54)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 55)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 56)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 58)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 62)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 63)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 64)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 65)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 66)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 67)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 68)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 72)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 76)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 77)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 79)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 80)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 82)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 83)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 84)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 85)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 86)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 87)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 88)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 89)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 91)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 92)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 95)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 96)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 97)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 101)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 104)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 107)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 109)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 110)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 112)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 113)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 115)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 117)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 118)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 121)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 122)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 123)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 125)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 126)—Sheet 1
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 127)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 131)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 132)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 137)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 140)—Sheet 1
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 141)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 142)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 151)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 152)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 155)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 156)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 158)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 159)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 161)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 162)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 166)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 167)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 169)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 170)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 171)—Sheet 1
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 175)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 176)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 177)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 178)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 180)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 182)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 183)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 184)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 189)
Shoalhaven Local Environmental Plan 1985 (Amendment No 191)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 193)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 194)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 195)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 196)—Sheet 2
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 198)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 202)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 204)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 205)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 207)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 208)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 211)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 213)
Shoalhaven Local Environmental Plan 1985 (Amendment No 214)
Shoalhaven Local Environmental Plan 1985 (Amendment No 215)
Shoalhaven Local Environmental Plan 1985 (Amendment No 220)—Sheet 1
Shoalhaven Local Environmental Plan 1985 (Amendment No 221)
Shoalhaven Local Environmental Plan 1985 (Amendment No 224)
Shoalhaven Local Environmental Plan 1985 (Amendment No 226)
Shoalhaven Local Environmental Plan 1985 (Amendment No 228)
Shoalhaven Local Environmental Plan 1985 (Amendment No 229)
Shoalhaven Local Environmental Plan 1985 (Amendment No 231)
Shoalhaven Local Environmental Plan 1985 (Amendment No 232)
Shoalhaven Local Environmental Plan 1985 (Amendment No 235)—Sheets 1 and 2
Shoalhaven Local Environmental Plan 1985 (Amendment No 236)
Shoalhaven Local Environmental Plan 1985 (Amendment No 238)
Shoalhaven Local Environmental Plan 1985 (Amendment No 239)
Shoalhaven Local Environmental Plan 1985 (Amendment No 240)
Shoalhaven Local Environmental Plan 1985 (Amendment No 241)
Shoalhaven Local Environmental Plan 1985 (Amendment No 242)
Jervis Bay Regional Environmental Plan 1996 (Amendment No 1)—map 5a—sheet 2
tourist accommodation unit means a dwelling used, designed, constructed or adapted to be used for the provision of holiday accommodation, not permanent occupation, being one of a group of similar dwellings forming part of a tourist facility.
turf farming means the cultivation and extraction of turf whether or not for the purpose of sale.
waste means any solid, gas or liquid, with or without matter in suspension or solution in it, which is or may be discharged from premises in the course of any process or operation carried out in connection with any trade, industry, agriculture or sewage treatment, and
water transport terminal means a building or place used for the assembly and dispersal of passengers travelling by boat or for the bulk handling of goods for transport by boat, including facilities for the loading and unloading of boats used to transport those goods.
1964 holding means land within Zone No 1 (a), 1 (b), 1 (d), 1 (g), 7 (a), 7 (c), 7 (d1), 7 (e), 7 (f1) or 7 (f3) which at 28 February 1964 was—
(a) the area of a lot, portion or parcel of land in a separate ownership, or
(b) where a person then owned 2 or more adjoining or adjacent lots, portions or parcels of land, the aggregation of the areas of those lots, portions or parcels, or
(c) the remainder of land referred to in paragraph (a) or (b), after the excision of allotments by a subdivision allowed by—
(i) clause 11 (4) or (9) of Interim Development Order No 1—Shire of Shoalhaven, or
(ii) clause 11 (7) or (10) of this plan as in force immediately before the commencement of City of Shoalhaven Local Environmental Plan 1985 (Amendment No 127), or
(iii) clause 11 (3), 11 (4) or 52 of this plan, or
(iv) State Environmental Planning Policy No 4—Development Without Consent.
(2) The letters and symbols “M.W.S. & D.B.” where appearing on the map mean “Metropolitan Water Sewerage and Drainage Board purposes”.
(3) In this plan, except in so far as the context or subject-matter otherwise indicates or requires—
(a) a reference to a map is a reference to a map deposited in the office of the Council,
(b) a reference to land within a zone specified in clause 8 is a reference to land shown on the map in the manner indicated in that clause as the means of identifying land of the zone so specified, and
(c) a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for that purpose.
(4) Notes included in this plan do not form part of this plan.
cl 6: Am 20.6.1986; 12.9.1986; 28.11.1986; 10.4.1987; 22.5.1987; 5.6.1987; 10.7.1987; 2.10.1987; 15.7.1988; 10.2.1989; 17.2.1989; 4.8.1989; 22.9.1989; 6.10.1989; 27.10.1989; 10.11.1989; 29.12.1989; 2.2.1990; 16.2.1990; 11.5.1990; 13.7.1990; 14.9.1990; 18.1.1991; 8.2.1991; 15.2.1991; 22.3.1991; 28.3.1991; 12.4.1991; 26.4.1991; 19.7.1991; 26.7.1991; 4.10.1991; 13.3.1992; 27.3.1992; 8.5.1992; 28.8.1992; 23.10.1992; 20.11.1992; 5.2.1993; 12.3.1993; 20.8.1993; 17.9.1993; 15.10.1993; 29.10.1993; 5.11.1993; 19.11.1993; 3.12.1993; 7.1.1994; 6.5.1994; 24.6.1994; 15.7.1994; 2.9.1994; 11.11.1994; 16.12.1994; 10.2.1995; 19.5.1995; 25.8.1995; 1.9.1995; 8.9.1995; 22.9.1995; 20.10.1995; 1.12.1995; 2.2.1996; 1.3.1996; 22.3.1996; 29.3.1996; 4.4.1996; 14.6.1996; 28.6.1996; 19.7.1996; 11.10.1996; 18.10.1996; 14.2.1997; 21.2.1997; 18.4.1997; 16.5.1997; 7.11.1997; 13.2.1998; 1.5.1998; 22.5.1998; 11.9.1998; 16.10.1998; 11.12.1998; 12.3.1999; 7.5.1999; 21.5.1999; 16.7.1999; 10.9.1999; 17.9.1999; 8.10.1999; 22.10.1999; 17.12.1999; 3.3.2000; 19.5.2000; 2.6.2000; 16.6.2000; 7.7.2000; 9.2.2001; 16.2.2001; 6.4.2001; 1.6.2001; 15.6.2001; 29.6.2001; 6.7.2001; 21.9.2001; 25.1.2002; 31.5.2002; 28.6.2002; 2.8.2002; 27.9.2002; 14.3.2003; 13.6.2003; 11.7.2003; 19.9.2003; 24.10.2003; 14.11.2003; 28.11.2003; 6.2.2004; 5.3.2004; 2.4.2004; 22.10.2004; 29.10.2004; 11.3.2005; 2005 (260), cl 4; 2005 (437), Sch 1 [1]; 2005 (624), Sch 1 [1]; 2005 (702), cl 4; 2005 (778), Sch 1 [1]; 2006 (681), Sch 1 [1]; 2006 (682), cl 4; 2008 (42), cl 4; 2009 (192), Sch 1 [1] [2]; 2010 (165), Sch 1 [1] [2]; 2011 (203), cl 4; 2011 (505), cl 4 (1) (2); 2011 (552), Sch 1 [1]; 2011 (553), cl 4; 2013 (181), Sch 1 [1]; 2013 (264), Sch 1 [1]; 2023 (83), Sch 1.6[1].
7 Consent authority
The Council shall be the consent authority for the purposes of this plan.
Part 2 General restrictions on development of land
8 Zones indicated on the map
For the purposes of this plan, land to which this plan applies shall be within a zone specified hereunder if the land is shown on the map in the manner specified hereunder in relation to that zone—
Zone No 1 (a) (Rural “A” (Agricultural Production) Zone)—coloured light brown.
Zone No 1 (b) (Rural “B” (Arterial and Main Road Protection) Zone)—coloured light brown with dark scarlet edging and lettered 1 (b).
Zone No 1 (c) (Rural “C” (Rural Lifestyle) Zone)—coloured light brown with dark scarlet edging and lettered 1 (c).
Zone No 1 (d) (Rural “D” (General Rural) Zone)—coloured light brown with dark scarlet edging and lettered 1 (d).
Zone No 1 (e) (Rural “E” (Extractive and Mineral Resources) Zone)—coloured light brown with dark scarlet edging and lettered 1 (e).
Zone No 1 (f) (Rural “F” (Forest) Zone)—coloured light brown with dark scarlet edging and lettered 1 (f).
Zone No 1 (g) (Rural “G” (Flood Liable) Zone)—coloured light brown with dark scarlet edging and lettered 1 (g).
Zone No 2 (a1) (Residential “A1” Zone)—coloured light scarlet.
Zone No 2 (a2) (Residential “A2” Zone)—coloured light scarlet with dark scarlet edging and lettered 2 (a2).
Zone No 2 (a3) (Residential “A3” Zone)—coloured light scarlet with dark scarlet edging and lettered 2 (a3).
Zone No 2 (a4) (Residential “A4” (Restricted Development) Zone)—coloured light scarlet with dark scarlet edging and lettered 2 (a4).
Zone No 2 (b1) (Residential “B1” Zone)—coloured light scarlet with dark scarlet edging and lettered 2 (b1).
Zone No 2 (b2) (Residential “B2” Zone)—coloured light scarlet with dark scarlet edging and lettered 2 (b2).
Zone No 2 (c) (Residential “C” (Living Area) Zone)—coloured light scarlet with dark scarlet edging and lettered 2 (c).
Zone No 2 (d) (Residential “D” Zone)—coloured light scarlet with dark scarlet edging and lettered 2 (d).
Zone No 2 (e) (Residential “E” (Village) Zone)—uncoloured with dark scarlet edging and lettered “V”.
Zone No 3 (a) (Business “A” (Retail) Zone)—coloured light blue.
Zone No 3 (b) (Business “B” (Transitional) Zone)—coloured light blue with dark scarlet edging and lettered 3 (b).
Zone No 3 (c) (Business “C” (Neighbourhood) Zone)—coloured dark blue.
Zone No 3 (d) (Business “D” (Commercial) Zone)—coloured light blue with dark scarlet edging and lettered 3 (d).
Zone No 3 (f) (Business “F” (Village) Zone)—coloured light blue with dark scarlet edging and lettered 3 (f).
Zone No 3 (g) (Business “G” (Development Area) Zone)—uncoloured with light blue edging.
Zone No 3 (h) (Business “H” (Restricted Development) Zone)—coloured light blue with dark scarlet edging and lettered 3 (h).
Zone No 4 (a) (Industrial “A” (General) Zone)—coloured mauve.
Zone No 4 (b) (Industrial “B” (Light) Zone)—coloured mauve with dark red edging and lettered 4 (b).
Zone No 4 (c) (Industrial “C” (Special) Zone)—coloured mauve with dark red edging and lettered 4 (c).
Zone No 4 (d) (Industrial “D” (Waterfront) Zone)—coloured mauve with dark red edging and lettered 4 (d).
Zone No 4 (e) (Industrial “E” (Restricted Development) Zone)—coloured mauve with dark red edging and lettered 4 (e).
Zone No 5 (a) (Special Uses “A” Zone)—coloured yellow with scarlet lettering.
Zone No 5 (b) (Special Uses “B” (Railways) Zone)—coloured purple.
Zone No 5 (c) (Special Uses “C” (Reservation) Zone)—coloured yellow with dark green edging and scarlet lettering.
Zone No 5 (d) (Special Uses “D” (Proposed Arterial Roads Reservation and Widening of Existing Arterial Roads Reservation) Zone)—coloured by red and white bands with broken black lines on both sides of the bands, or by red and white bands with broken black lines on one side of the bands.
Zone No 5 (e) (Special Uses “E” (Proposed Local Roads Reservation and Widening of Local Roads Reservation) Zone)—coloured grey with broken black lines on both sides of the reservation, or coloured grey with a broken black line on one side of the widening.
Zone No 6 (a) (Open Space—Recreation “A” (Existing) Zone)—coloured dark green.
Zone No 6 (b) (Open Space—Recreation “B” (Private) Zone)—coloured dark green with yellow edging.
Zone No 6 (c) (Open Space—Recreation “C” (Proposed) Zone)—coloured light green with dark green edging.
Zone No 6 (d) (Open Space—Recreation “D” (Reserve) Zone)—coloured light green.
Zone No 7 (a) (Environment Protection “A” (Ecology) Zone)—coloured orange.
Zone No 7 (c) (Environment Protection “C” (Water Catchment Areas) Zone)—coloured orange with scarlet edging and lettered 7 (c).
Zone No 7 (d1) (Environment Protection “D1” (Scenic) Zone)—coloured orange with scarlet edging and lettered 7 (d1).
Zone No 7 (d2) (Environment Protection “D2” (Special Scenic) Zone)—coloured orange with scarlet edging and lettered 7 (d2).
Zone No 7 (e) (Environment Protection “E” (Escarpment) Zone)—coloured orange with scarlet edging and lettered 7 (e).
Zone No 7 (f1) (Environment Protection “F1” (Coastal) Zone)—coloured orange with scarlet edging and lettered 7 (f1).
Zone No 7 (f2) (Environment Protection “F2” (Coastal Reservation) Zone)—coloured orange with scarlet edging and lettered 7 (f2).
Zone No 7 (f3) (Environment Protection “F3” (Foreshores Protection) Zone)—coloured orange with scarlet edging and lettered 7 (f3).
Zone No 8 (a) (National Parks and Nature Reserves “A” Zone)—uncoloured with dark green edging and lettered 8.
Zone No 9 (a) (Natural Hazards “A” (Urban Flooding) Zone)—blue hatching.
cl 8: Am 16.7.1999; 13.6.2003.
8A Determination of zone boundaries
(1) Where a boundary between 2 zones as shown on the map does not correspond with a cadastral boundary, the Council may determine the zone boundary based on a survey of the land by a registered surveyor, despite clause 8.
(2) In determining a zone boundary under this clause—
(a) the Council shall have regard to the characteristics of the land indicated by the survey and the relationship of those characteristics with the objectives of the zones on each side of the boundary to be determined, and
(b) a zone boundary cannot be varied by more than 20 metres from the boundary as shown on the map.
cl 8A: Ins 5.2.1993. Am 16.7.1999.
9 Zone objectives and development control table
(1) The objectives of a zone are set out in the Table to this clause under the heading “Objectives of Zone” appearing in the matter relating to the zone.
(2) Except as otherwise provided by this plan, in relation to land within a zone specified in the Table to this clause, the purposes (if any) for which—
(a) development may be carried out without development consent,
(b) development may be carried out only with development consent, and
(c) development is prohibited,
are specified under the headings “Without development consent”, “Only with development consent” and “Prohibited”, respectively, appearing in the matter relating to the zone.
(3) In determining a development application, the Council must take into account the aims and objectives of this plan and the objectives of the zone within which the development is proposed.
Table
Zone No 1 (a) (Rural “A” (Agricultural Production) Zone)
Zone No 1 (b) (Rural “B” (Arterial and Main Road Protection) Zone)
Zone No 1 (c) (Rural “C” (Rural Lifestyle) Zone)
Zone No 1 (d) (Rural “D” (General Rural) Zone)
Zone No 1 (e) (Rural “E” (Extractive and Mineral Resources) Zone)
Zone No 1 (f) (Rural “F” (Forest) Zone)
Zone No 1 (g) (Rural “G” (Flood Liable) Zone)
Zone No 2 (a1) (Residential “A1” Zone)
Zone No 2 (a2) (Residential “A2” Zone)
Zone No 2 (a3) (Residential “A3” Zone)
Zone No 2 (a4) (Residential “A4” (Restricted Development) Zone)
Zone No 2 (b1) (Residential “B1” Zone)
Zone No 2 (b2) (Residential “B2” Zone)
Zone No 2 (c) (Residential “C” (Living Area) Zone)
Zone No 2 (d) (Residential “D” Zone)
Zone No 2 (e) (Residential “E” (Village) Zone)
Zone No 3 (a) (Business “A” (Retail) Zone)
Zone No 3 (b) (Business “B” (Transitional) Zone)
Zone No 3 (c) (Business “C1” (Neighbourhood) Zone)
Zone No 3 (d) (Business “D” (Commercial) Zone)
Zone No 3 (f) (Business “F” (Village) Zone)
Zone No 3 (g) (Business “G” (Development Area) Zone)
Zone No 3 (h) (Business “H” (Restricted Development) Zone)
Zone No 4 (a) (Industrial “A” (General) Zone)
Zone No 4 (b) (Industrial “B” (Light) Zone)
Zone No 4 (c) (Industrial “C” (Special) Zone)
Zone No 4 (d) (Industrial “D” (Waterfront) Zone)
Zone No 4 (e) (Industrial “E” (Restricted Development) Zone)
Zone No 5 (a) (Special Uses “A” Zone)
Zone No 5 (b) (Special Uses “B” (Railways) Zone)
Zone No 5 (c) (Special Uses “C” (Reservation) Zone)
Zone No 5 (d) (Special Uses “D” (Proposed Arterial Roads Reservation and Widening of Existing Arterial Roads Reservation) Zone)
Zone No 5 (e) (Special Uses “E” (Proposed Local Roads Reservation and Widening of Local Roads Reservation) Zone)
Zone No 6 (a) (Open Space—Recreation “A” (Existing) Zone)
Zone No 6 (b) (Open Space—Recreation “B” (Private) Zone)
Zone No 6 (c) (Open Space—Recreation “C” (Proposed) Zone)
Zone No 6 (d) (Open Space—Recreation “D” (Reserve) Zone)
Zone No 7 (a) (Environment Protection “A” (Ecology) Zone)
Zone No 7 (c) (Environment Protection “C” (Water Catchment Areas) Zone)
Zone No 7 (d1) (Environment Protection “D1” (Scenic) Zone)
Zone No 7 (d2) (Environment Protection “D2” (Special Scenic) Zone)
Zone No 7 (e) (Environment Protection “E” (Escarpment) Zone
Zone No 7 (f1) (Environment Protection “F1” (Coastal) Zone)
Zone No 7 (f2) (Environment Protection “F2” (Coastal Reservation) Zone)
Zone No 7 (f3) (Environment Protection “F3” (Foreshores Protection) Zone)
Zone No 8 (a) (National Parks and Nature Reserves “A” Zone)
Zone No 9 (a) (Natural Hazards “A” (Urban Flooding) Zone)
cl 9: Am 5.2.1993; 16.7.1999.
cl 9, table: Am 7.7.1989; 15.9.1989; 1.5.1992; 20.11.1992; 5.2.1993; 12.3.1993; 8.4.1993; 20.8.1993; 29.10.1993; 19.11.1993; 11.3.1994; 19.7.1996; 11.9.1998; 4.12.1998; 11.6.1999; 16.7.1999; 17.9.1999; 19.11.1999; 3.3.2000; 14.3.2003; 13.6.2003; 5.3.2004; 2004 No 91, Sch 2.72 [2] [3]; 2009 (192), Sch 1 [3]–[5].
Part 3 Special provisions
Division 1 Subdivision of land
10 Subdivision generally
Land to which this plan applies shall not be subdivided except with the consent of the Council.
cl 10: Am 16.7.1999.
11 Subdivision—Zones Nos 1 (a), 1 (b), 1 (d), 1 (e), 1 (g), 7 (a), 7 (c), 7 (d1), 7 (d2), 7 (e), 7 (f1), 7 (f2) and 7 (f3)
(1) This clause applies to land within Zone No 1 (a), 1 (b), 1 (d), 1 (e), 1 (g), 7 (a), 7 (c), 7 (d1), 7 (d2), 7 (e), 7 (f1), 7 (f2) or 7 (f3).
(2) The Council may consent to a subdivision of land to which this clause applies if each separate allotment of land that will be created by the subdivision—
(a) will have an area of not less than 40 hectares,
(b) in the opinion of the Council, will allow the objectives of the zone applying to the land to be met,
(c) will have a ratio of depth to frontage satisfactory to the Council, having regard to the purpose for which the allotment is or is intended to be used,
(d) where the allotment has a frontage to a main or arterial road, will have a frontage to that road of not less than 400 metres, and
(e) will have a vehicular access that is practical and lawful.
(3) The Council may grant consent for a subdivision of land to which this clause applies (except land within Zone No 7 (d2) or 7 (f2)) so as to create an allotment of less than 40 hectares if the Council is satisfied that—
(a) the allotment proposed to be created is currently lawfully used for a purpose (other than agriculture, forestry, a dwelling-house or dwellings, or tourist accommodation under clause 20) for which it may be used without or only with the consent of the Council, or will be used for such a purpose before the plan of subdivision or strata plan is registered, and
(b) the ratio of depth to frontage is satisfactory having regard to the purpose for which the allotment is intended to be used, and
(c) only one lot for each use referred to in paragraph (a) is created, and
(d) where the allotment has a frontage to a main or arterial road, the frontage is not less than—
(i) in the case of land within Zone No 1 (a), 1 (b), 1 (d), 1 (e) or 1 (g)—200 metres, or
(ii) in the case of land within Zone No 7 (a), 7 (c), 7 (d1), 7 (e), 7 (f1) or 7 (f3)—400 metres, and
(e) each lot has a vehicular access that is practical and lawful.
(3A) The residue of land remaining after the creation of an allotment under subclause (3) may be less than 40 hectares.
(4) The Council may grant consent pursuant to subclause (3) for a subdivision for the purpose of a tourist facility that will create more than one allotment of less than 40 hectares if—
(a) the subdivision is a subdivision of land under the Community Land Development Act 1989, and
(b) all lots created by the subdivision are in the same community, precinct or neighbourhood scheme within the meaning of the Community Land Development Act 1989.
(5) Despite any other provision of this clause, the Council may consent to a subdivision that will create a lot of less than 40 hectares of land to which this clause applies where the proposed lot—
(a) has a lawfully erected dwelling-house situated on it, and
(b) adjoins land within a zone to which this clause does not apply which is within the same ownership as the proposed lot immediately before the creation of the proposed lot.
(6) The Council must not grant consent for a subdivision of land to which this clause applies so as to create an allotment other than an allotment referred to in subclause (2), (3), (4) or (5).
cl 11: Am 29.10.1993. Subst 16.7.1999. Am 14.6.2002.
11A Subdivision of certain land in Parish of Coolangatta
(1) This clause applies to land in the Parish of Coolangatta off Backforest Road being Lots 4 and 5, DP 264581, Lots 48 and 48A, DP 5996, and Lot 4, DP 615130.
(2) The Council shall not consent to an application for consent to subdivide land identified in subclause (1) unless each separate allotment of land created by the subdivision has an area of not less than 80 hectares.
cl 11A: Ins 13.3.1992.
11B Subdivision of certain land at Milton
(1) This clause applies to land at Milton being Lot 314, DP 873036, part of Portion 198 within the Parish of Ulladulla, County of St Vincent and parts of roads closed by notifications published in the Government Gazette on 30 September 1899 at page 7443 and on 13 August 1954 at pages 2485–2486, as shown edged heavy black on the map marked “City of Shoalhaven Local Environmental Plan 1985 (Amendment No 151)”.
(2) A person shall not subdivide land referred to in subclause (1) except with the consent of the Council.
(3) Consent must not be granted for a subdivision of land referred to in subclause (1) unless the Council has assessed the purpose for which each proposed allotment created by the subdivision is intended to be used.
(4) Consent must not be granted for such a subdivision if the Council is of the opinion that an allotment proposed to be created by it will include part of Portion 198 or a part of a closed road referred to in subclause (1) and will be—
(a) a concessional allotment, or the residue of land remaining after the creation of such a concessional allotment, or
(b) used for the erection of a dwelling-house or for dual occupancy development, or
(c) used for any other purpose unless the Council, as a condition of the consent, prohibits the erection of a dwelling-house and the carrying out of dual occupancy development on each allotment created by the subdivision.
(5) The Council may consent to—
(a) the subdivision of Lot 314, DP 873036 into two lots comprising one lot of about 6 hectares and one lot of about 30 hectares, and
(b) the erection of one dwelling-house on each lot referred to in paragraph (a).
(6) Development consent for a building on the lot of approximately 30 hectares shall not be granted unless the building is contained within the building envelope shown on the map referred to in subclause (1).
(7) The Council shall not grant a consent pursuant to subclause (5) (a)—
(a) until such time as Development (Subdivision) Consents S/F 7553 and S/F 8386 have been revoked or have lapsed pursuant to the Environmental Planning and Assessment Act 1979, or
(b) unless it imposes a condition on the consent to the effect that development may be carried out in accordance with the consent only if those consents have been surrendered.
cl 11B: Ins 11.12.1998. Am 13.6.2003.
11C Subdivision—boundary adjustments
(1) This clause applies to land within Zone No 1 (a), 1 (b), 1 (d), 1 (e), 1 (f), 1 (g), 7 (a), 7 (c), 7 (d1), 7 (d2), 7 (e), 7 (f1), 7 (f2) or 7 (f3).
(2) Despite any other provision of this plan, a person may subdivide land to which this clause applies with the consent of the Council, but only if—
(a) no additional allotments will be created by the subdivision, and
(b) the area of each allotment created by the subdivision is not more than 50 per cent greater than the area of the corresponding former lot immediately before the subdivision, and
(c) a dwelling-house has been lawfully erected, or could be lawfully erected, on each allotment created by the subdivision, and
(d) the subdivision will not result in any building contravening the deemed-to-satisfy provisions of the Building Code of Australia, and
(e) the Council has issued a certificate stating that the subdivision complies with its requirements regarding water, if such a certificate is required, and
(f) each allotment to be subdivided has been lawfully created and has an area of less than 40 hectares, and
(g) the objectives of the zone applying to the land are met, and
(h) the boundary adjustment will not affect the connectivity of riparian and vegetation corridors, and
(i) there is no increase in the number of lots with frontage to a watercourse, and
(j) the land does not encompass, or is not adjacent to, a watercourse or waterbody, and
(k) in the case of a subdivision involving the adjustment of the boundaries of land that, in the opinion of the Council, is bushfire prone land—
(i) the resulting allotments will comply with Planning for Bush Fire Protection, and
(ii) any approvals required under the Rural Fires Act 1997 have been obtained from the NSW Rural Fire Service.
(3) This clause does not apply to land that has been previously subdivided pursuant to this clause.
cl 11C: Ins 6.8.2004. Am 2007 No 82, Sch 3.22 [1]; 2020 (69), Sch 1.9[1]; 2023 (83), Sch 1.6[2].
12 Subdivision—Zone No 1 (c) (Rural “C” (Rural Lifestyle) Zone)
(1) This clause applies to land within Zone No 1 (c).
(2) For the purpose of this clause environmentally constrained area includes—
(a) steep land (being land with a slope generally in excess of 20% or 1:5),
(b) buffer areas to streams,
(c) flood liable land,
(d) buffer areas to State forests, national parks, nature reserves or any area of native vegetation which is likely to support high intensity bush fire,
(e) areas of actual or potential soil instability, and
(f) areas of native vegetation which, in the Council’s opinion, have significant attributes that should be retained for the purpose of flora or fauna conservation, or landscape or other amenity or which, in the opinion of the Council, have a key role in maintaining environmental quality in the locality.
(3) In determining an application to subdivide land to which this clause applies, the Council must ensure that—
(a) the arrangement, number and density of lots and the design and location of roads, drainage and services will—
(i) recognise, protect and provide for the ongoing management of environmentally constrained areas,
(ii) sustain a rural lifestyle without significant adverse effects on the environmental quality of the area, and
(iii) recognise and be compatible with the natural, cultural and landscape features of the locality,
(b) each separate allotment created by the subdivision—
(i) contains at least one area of suitable size and physical characteristics for a dwelling, outbuildings and associated service area located within the useable site area,
(ii) can employ effluent treatment and disposal and soil and water management which meets the objectives set out in clause 26, and
(iii) is not less than 1 hectare in area, and
(c) where it is proposed to fragment prime crop and pasture land, each lot affected must contain at least 10 hectares of prime crop and pasture land.
(4) The Council must not consent to any subdivision of Lot 22, DP 804103, Lot 4, DP 262082, Lot 2, DP 818184, Lot 184, DP 861191 and Lot 3, DP 791835—West Cambewarra after the land identified on the map by a distinctive edge and marked “land to be dedicated for addition to Bangalee Reserve” is transferred into the Council’s ownership.
cl 12: Subst 16.7.1999.
12A Subdivision of certain land at Little Forest
(1) This clause applies to land at Little Forest, being Portion 1, Parish of Little Forest and Lot 61, DP 732602, as shown edged heavy black on the map marked “City of Shoalhaven Local Environmental Plan 1985 (Amendment No 176)”.
(2) Notwithstanding clause 12, the Council may consent to the subdivision of the land to which this clause applies so as to create a maximum of 4 lots, comprising 3 small lots of 1 to 3 hectares each and a large lot, and the erection of a dwelling-house on each lot within the building envelope identified on the map referred to in subclause (1).
(3) The Council may grant consent under subclause (2) only if it imposes as a condition of the consent that any existing consent relating to tourist accommodation on the subject land is to be surrendered.
cl 12A: Ins 25.1.2002.
12B Lot densities—Zone No 1 (c)
(1) This clause applies to land within Zone No 1 (c) as shown edged heavy black on the map marked “City of Shoalhaven Local Environmental Plan 1985 (Amendment No 185)”.
(2) Despite clause 12 (3) (b) (iii), the Council must not grant consent to the subdivision of land within Zone No 1 (c) unless—
(a) the proposed subdivision is consistent with the specific objectives and performance criteria for the relevant land set out in Schedule 13, and
(b) each lot created by the proposed subdivision has a ratio of depth to frontage that is satisfactory to the Council, and
(c) there will be practical and legal access to each lot created by the proposed subdivision.
(3) In Schedule 13, holding means that part of a lot, portion or parcel of land within Zone No 1 (c) existing on the date of commencement of City of Shoalhaven Local Environmental Plan 1985 (Amendment No 127) and, where a person owned two or more adjoining lots, portions or parcels of land on that day, the aggregation of those lots, portions or parcels.
cl 12B (previously cl 12A): Ins 8.2.2002. Renumbered 31.5.2002.
13 Subdivision—Zone Nos 2 (a2) and 2 (a3)
(1) The Council may consent to an application to subdivide land within Zone No 2 (a2) or 2 (a3) if each separate allotment to be created thereby has an area of not less than—
(a) in the case of land within Zone No 2 (a2)—2 000 square metres, and
(b) in the case of land within Zone No 2 (a3)—4 000 square metres.
(2) The consent of the Council to the subdivision of land within Zone No 2 (a2) or 2 (a3) is not required if the subdivision is for one or both of the following purposes—
(a) to open a public road (not involving the creation of an allotment referred to in subclause (1)) or to widen a public road,
(b) to make minor adjustments to common property boundaries.
13A Subdivision of certain land at St Georges Basin
(1) This clause applies to part of the Nebraska Estate, DP 9699, St Georges Basin, being land shown edged heavy black on the map marked “City of Shoalhaven Local Environmental Plan 1985 (Amendment No 155)”.
(2) Notwithstanding the provisions of clause 13, the Council may consent to a subdivision of the land comprised of Lot 9, Section K, Park Road and Lots 11–15, Section K, The Wool Road, into not more than two allotments for residential purposes, if the Council is satisfied that vehicular access will only be available from Park Road to the two allotments.
(3) Notwithstanding the provisions of clauses 11 and 13, the Council may consent to a subdivision of the land comprised of Lots 16–20, Section K, The Wool Road, into not more than two allotments for residential purposes, if the Council is satisfied that vehicular access will only be available from Park Road to the two allotments.
cl 13A: Ins 15.6.2001. Am 27.9.2002.
13B Subdivision for a public utility undertaking
(1) This clause applies to land within Zone No 1 (a), 1 (b), 1 (c), 1 (d), 1 (e), 1 (f), 1 (g), 2 (a2), 2 (a3), 7 (a), 7 (c), 7 (d1), 7 (d2), 7 (e), 7 (f1), 7 (f2) or 7 (f3).
(2) Despite the provisions of Division 1, the Council may consent to the subdivision of land to which this clause applies if the purpose of the subdivision is—
(a) to open or widen a public road, or
(b) to provide an allotment for a public utility undertaking.
(3) The residue of land remaining after the creation of an allotment under subclause (2) may be less than 40 hectares.
cl 13B: Ins 13.6.2003.
13C Subdivision prohibited—part of Lot 2, DP 714140, Riverview Road, Nowra
(1) This clause applies to so much of Lot 2, DP 714140, Riverview Road, Nowra, as is within Zone No 2 (a4) and shown edged heavy black and lettered “2 (a4)” on the map marked “City of Shoalhaven Local Environmental Plan 1985 (Amendment No 208)”.
(2) Despite any other provision of this plan, the Council must not grant consent to the subdivision of the land to which this clause applies.
cl 13C: Ins 6.2.2004.
13D Subdivision of dwelling-houses—multiple occupancy
(1) Despite other provisions of this plan and any State environmental planning policy dealing with multiple occupancy development, the Council may consent to a subdivision of land on which multiple occupancy development has been carried out so that dwelling-houses lawfully erected on the land are each located on a separate lot if—
(a) consent for the multiple occupancy development was granted on or before 27 March 2001, and
(b) erection of each of the dwelling-houses was lawfully physically commenced before 31 December 2002, and
(c) each separate lot is a neighbourhood lot under the Community Land Development Act 1989.
(2) For the purposes of this clause, multiple occupancy development means development for which consent was granted pursuant to either State Environmental Planning Policy No 15—Multiple Occupancy of Rural Land, repealed by State Environmental Planning Policy No 42—Multiple Occupancy of Rural Land (Repeal), or State Environmental Planning Policy No 15—Rural Landsharing Communities.
cll 13D: Ins 2005 (623), Sch 1.
13E Transitional arrangements for certain multiple occupancy development
(1) A development application made pursuant to State Environmental Planning Policy No 15—Rural Landsharing Communities before the commencement of Shoalhaven Local Environmental Plan 1985 (Amendment No 223) that had not been finally determined when that plan commenced is to be determined as if that Policy applies to the City of Shoalhaven.
(2) However, the Council must not consent to any such development application after the expiration of 2 years from the date of publication in the Gazette of Shoalhaven Local Environmental Plan 1985 (Amendment No 223).
cll 13E: Ins 2005 (623), Sch 1.
Division 2 Dwelling-houses
14 Dwelling-houses—Zones Nos 1 (a), 1 (b), 1 (d) and 1 (g)
(1) This clause applies to land within Zone No 1 (a), 1 (b), 1 (d) or 1 (g).
(2) A dwelling-house may, with the consent of the Council, be erected on land within Zone No 1 (a), 1 (b) or 1 (d) if the land—
(a) has an area of not less than 40 hectares,
(b) comprises a 1964 holding of less than 40 hectares and on which no dwelling-house is erected and then only if the Council has taken into consideration—
(i) whether or not the land will have an adequate vehicular access that is practical and lawful,
(ii) whether or not the erection of the dwelling-house will create or increase the effect of ribbon development along any arterial or main road, and
(iii) whether or not adequate utility and other services will be available to the dwelling house,
(c) is a concessional allotment described in paragraph (a), (b), (c) or (e) of the definition of concessional allotment in clause 6 (1),
(d) is a concessional allotment described in paragraph (d) of the definition of concessional allotment in clause 6 (1) and the Council is satisfied that the dwelling-house will be actually occupied by a person referred to in clause 11 (4) (c) (i), (ii) or (iii) as in force immediately before the commencement of City of Shoalhaven Local Environmental Plan 1985 (Amendment No 127),
(e) is the residue of the land remaining after the creation of allotments referred to in clause 11 (4), or the residue created under clause 11 (5), as in force immediately before the commencement of City of Shoalhaven Local Environmental Plan 1985 (Amendment No 127), or is a residue lot created in a subdivision in accordance with clause 11 of Interim Development Order No 1—Shire of Shoalhaven,
(f) is an allotment created before 20 September 1974 in accordance with clause 11 (1), (2) or (3) of Interim Development Order No 1—Shire of Shoalhaven as in force when the allotment was created, or
(g) is the residue of land remaining after the creation of an allotment under clause 11 (7) as in force immediately before the commencement of City of Shoalhaven Local Environmental Plan 1985 (Amendment No 127) or under clauses 11 (3) and 13B (2) and on which a dwelling-house could have been approved by the Council immediately before the subdivision under any of those subclauses.
(2A) A dwelling-house may, with the consent of the Council, be erected on land within Zone No 1 (a), 1 (b) or 1 (d) if—
(a) the land is an allotment created under clause 11 (3) or (4) for the purpose of a tourist facility, and
(b) there is no other dwelling-house or dwelling erected on the allotment, and
(c) the Council is satisfied that the dwelling-house is to provide a residence for a manager of the tourist facility and will otherwise be integral to and essential for the proper and efficient operation of the tourist facility.
(3) Subject to subclause 4, the Council may consent to the erection of a dwelling-house in Zone No 1 (g) if the allotment—
(a) has an area of not less than 40 hectares,
(b) is a 1964 holding,
(c) is a concessional allotment described in paragraph (a) of the definition of concessional allotment in clause 6 (1), or
(d) comprises an allotment created under clause 11 (1) of Interim Development Order No 1—Shire of Shoalhaven before 20 September 1974, or
(e) is the residue of land remaining after the creation of an allotment under clause 13B (2) and on which a dwelling-house could have been approved by the Council immediately before the subdivision under that subclause.
(4) Subject to clause 29, the Council must not grant consent in accordance with this clause to the erection of a dwelling-house on any parcel of land within Zone No 1 (g) unless—
(a) the parcel is predominantly prime crop and pasture land, and
(b) the Council is satisfied that the dwelling-house is essential for the proper and efficient use of the land for agriculture or turf farming.
(5) Notwithstanding subclauses (3) and (4), the Council may consent to the erection of a dwelling-house on land within Zone No 1 (g) that is a concessional allotment described in paragraph (b), (c) or (d) of the definition of concessional allotment in clause 6 (1) or is the residue of land remaining after the creation of allotments referred to in clause 11 (4), or the residue created under clause 11 (5), as in force immediately before the commencement of City of Shoalhaven Local Environmental Plan 1985 (Amendment No 127), subject to the assessments specified in clause 29 (3) and may impose conditions of the same kind as specified in clause 29 (4).
(6) A dwelling-house may, with the consent of the Council, be erected on an allotment of land to which this clause applies and on which another lawfully erected dwelling-house is erected if the first-mentioned dwelling-house is intended to wholly replace the second-mentioned dwelling-house.
cl 14: Am 29.10.1993. Subst 16.7.1999. Am 14.6.2002; 13.6.2003.
15 Dwelling-houses etc—Zone Nos 7 (a), 7 (c), 7 (d1), 7 (e), 7 (f1) and 7 (f3)
(1) Subject to subclauses (2) and (3), a dwelling-house may, with the consent of the Council, be erected on an allotment of land within Zone Nos 7 (a), 7 (c), 7 (d1), 7 (e), 7 (f1) or 7 (f3) if the allotment—
(a) has an area of not less than 40 hectares,
(b) is a 1964 holding,
(c) is a concessional allotment described in paragraph (a), (b), (c) or (e) of the definition of concessional allotment in clause 6 (1),
(d) is a concessional allotment described in paragraph (d) of the definition of concessional allotment in clause 6 (1) and the Council is satisfied that the dwelling-house will be actually occupied by a person referred to in clause 11 (4) (c) (i), (ii) or (iii) as in force immediately before the commencement of City of Shoalhaven Local Environmental Plan 1985 (Amendment No 127),
(e) is the residue of the land remaining after the creation of allotments referred to in clause 11 (4), or the residue created under clause 11 (5), as in force immediately before the commencement of City of Shoalhaven Local Environmental Plan 1985 (Amendment No 127), or is a residue lot created in a subdivision in accordance with clause 11 of Interim Development Order No 1—Shire of Shoalhaven,
(f) is an allotment created before 20 September 1974 in accordance with clause 11 (1), (2) or (3) of Interim Development Order No 1—Shire of Shoalhaven as in force when the allotment was created, or
(g) is the residue of land remaining after the creation of an allotment under clause 11 (7) as in force immediately before the commencement of City of Shoalhaven Local Environmental Plan 1985 (Amendment No 127) or under clauses 11 (3) and 13B (2) and on which a dwelling-house could have been approved by the Council immediately before the subdivision under any of those subclauses.
(1A) Subject to subclauses (2) and (3), a dwelling-house may, with the consent of the Council, be erected on an allotment of land within Zone No 7 (a), 7 (c), 7 (d1), 7 (e), 7 (f1) or 7 (f3) if—
(a) the allotment is created under clause 11 (3) or (4) for the purpose of a tourist facility, and
(b) there is no other dwelling-house or dwelling erected on the allotment, and
(c) the Council is satisfied that the dwelling-house is to provide a residence for a manager of the tourist facility and will otherwise be integral to and essential for the proper and efficient operation of the tourist facility.
(2) The Council must not consent to the erection of a dwelling-house or to the addition or alteration of a building or the establishment of a caravan park on land within Zone No 7 (d1) or 7 (f1) unless it has considered—
(a) the extent to which the development would affect the scenic qualities of the landscape,
(b) whether the development would result in degradation of or restriction of access to 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 the protection of coastal lands.
(3) The Council must not consent to the erection of buildings on the following land—
Callala Bay, Griffin Street area—land shown as being within Zone No 7 (a) and edged heavy black on the map marked “City of Shoalhaven Local Environmental Plan 1985 (Amendment No 170)”.
(4) Notwithstanding the other provisions of this plan, the Council must not consent to the erection of a dwelling-house on the following land shown edged heavy black on the map marked “City of Shoalhaven Local Environmental Plan 1985 (Amendment No 175)”.
cl 15: Am 16.7.1999; 3.3.2000; 9.2.2001; 14.6.2002; 13.6.2003.
15A Dwelling-houses on certain land in Parish of Coolangatta
(1) This clause applies to land in the Parish of Coolangatta off Backforest Road being Lots 4 and 5, DP 264581, Lots 48 and 48A, DP 5996, and Lot 4, DP 615130.
(2) The Council shall not consent to an application for consent to the erection of a dwelling-house or the carrying out of dual occupancy development (only where the development results in attached dwellings) on a lot within the area identified in subclause (1) unless that lot has an area of not less than 80 hectares.
(3) If such an application proposes that the dwelling-house or dual occupancy development will be located on that part of the land within Zone No 7 (f1), then the concurrence provisions of clause 15 will apply in the same way as they apply in relation to consent for the erection of a dwelling-house in accordance with that clause.
cl 15A: Ins 13.3.1992. Am 19.11.1993.
15B Dwelling-houses within Zone No 7 (d2)
Despite any other provision of this plan, a dwelling-house may, with the consent of the Council, be erected on an allotment of land within Zone No 7 (d2) on which another lawfully erected dwelling-house is or has been erected if the first-mentioned dwelling-house is to wholly replace the second-mentioned dwelling-house.
cl 15B: Ins 13.6.2003.
16 Dwelling-houses—Zones Nos 1 (c), 2 (a2) and 2 (a3)
(1) A dwelling-house may be erected on an allotment of land within Zone No 1 (c), 2 (a2) or 2 (a3), being an allotment which was lawfully created after the appointed day, or lawfully created prior to that day under the provisions of Interim Development Order No 1—Shire of Shoalhaven as in force immediately before its repeal or, subject to subclause (2), which was created in a plan of subdivision registered in the office of the Registrar-General prior to 28 February 1964.
(2) Despite any other provision of this plan, the Council must not grant consent for a dwelling-house on the following individual lots unless and until they have been amalgamated to form lots of at least one hectare—Lots 520 to 579 in DP 8399 and Lots 706 to 708 in DP 8399, bounded by Clarendon Crescent, Grange Road and Lusitania Avenue, Basin View.
cl 16: Am 2.2.1990. Subst 16.7.1999.
16AA Dwelling-houses within Zone No 2 (b1) or 2 (b2) in conjunction with medium density development
The Council may consent to the erection of a dwelling-house on land within Zone No 2 (b1) or 2 (b2), but only if it is satisfied—
(a) that the dwelling-house will form an integral part of a medium density housing development, and
(b) that the dwelling-house will maintain or enhance the streetscape or residential amenity of surrounding land.
cll 16AA: Ins 19.6.1998.
16AB Restriction on subdivision
Any land on which a dwelling-house is erected in conjunction with medium density residential development must not be subdivided to create a separate legal title for the dwelling-house except under the Strata Schemes (Freehold Development) Act 1973 or the Community Land Development Act 1989.
cll 16AB: Ins 19.6.1998.
16A Cluster housing—Zones Nos 2 (b1), 2 (b2), 2 (c) and 2 (e)
Despite any other provision of this plan, development for the purpose of cluster housing may be carried out on land within Zone No 2 (b1), 2 (b2), 2 (c) or 2 (e), but only with the consent of the Council.
cl 16A: Ins 20.8.1993.
16B Dwelling-houses on part of Nebraska Estate, St Georges Basin
(1) This clause applies to part of the Nebraska Estate, DP 9699, St Georges Basin, being land shown edged heavy black on the map marked “City of Shoalhaven Local Environmental Plan 1985 (Amendment No 155)”.
(2) Despite clause 16, the Council must not consent to the erection of a dwelling-house on Lot 9, Section K, Park Road and Lots 11–20, Section K, The Wool Road, except as provided by this clause.
(3) The Council may consent to the erection of one and only one dwelling-house on each of not more than 2 allotments which together comprise the whole of the land in Lot 9, Section K, and Lots 11–15, Section K, The Wool Road, but only if the Council is satisfied that the only vehicular access to each of the dwelling-houses will be from Park Road.
(4) The Council may consent to the erection of one and only one dwelling-house on each of not more than 2 allotments which together comprise the whole of the land in Lots 16–20, Section K, The Wool Road, but only if the Council is satisfied that the only vehicular access to each of the dwelling-houses will be from Park Road.
cl 16B: Ins 15.6.2001.
Division 3 Dual occupancy development
pt 3, div 3, hdg: Subst 19.11.1993; 4.4.2003.
17 (Repealed)
18 Dual occupancy development
The Council shall not grant consent to dual occupancy development on an allotment of land within Zone No 2 (b1) or 2 (b2) unless the area of the allotment is less than 800 square metres and the Council is satisfied that amalgamation of the allotment with other land in that zone is not feasible.
cl 18 (as originally gazetted): Rep 16.2.1996.
cl 18 (previously cl 18A): Ins 19.11.1993. Renumbered 16.2.1996.
18A
(Renumbered as clause 18)
Division 4 Business and commercial uses
19 Minimum requirements for hotels, motels and caravan parks
(1) A person shall not erect a hotel—
(a) on an allotment of land within Zone No 1 (d) having an area of less than 2 hectares and, where that allotment has frontage to a main or arterial road, a frontage to the road of less than 120 metres, or
(b) on an allotment of land within Zone No 1 (b) having an area of less than 4 hectares and, where that allotment has frontage to a main or arterial road, a frontage to that road of less than 200 metres.
(2) A person shall not erect a motel—
(a) on an allotment of land within Zone No 1 (d) having an area of less than 2 hectares and, where that allotment has a frontage to a main or arterial road, a frontage to that road of less than 120 metres, or
(b) on an allotment of land within Zone No 1 (b) having an area of less than 4 hectares and, where that allotment has a frontage to a main or arterial road, a frontage to that road of less than 200 metres.
(3) A person shall not erect a caravan park on any allotment of land within Zone No 1 (d) which has an area of less than 4 hectares and, where the site has frontage to a main road, a frontage of less than 200 metres.
cl 19: Am 16.7.1999.
19A Zone No 3 (g) objectives for certain land at Princes Highway/Cambewarra Road, Bomaderry
(1) This clause applies to land situated in the City of Shoalhaven, being part of Lot 16, DP 707327, Princes Highway/Cambewarra Road, Bomaderry, in the Parish of Bunberra and County of Camden, as shown edged heavy black on the map marked “City of Shoalhaven Local Environmental Plan 1985 (Amendment No 67)”.
(2) Despite the general objectives for land within Zone No 3 (g) set out in item 1 to the Table to clause 9, the objectives of that zone for the land to which this clause applies are—
(a) to provide a strategic development area, and
(b) to prevent inappropriate uses, being industrial, retail or significant traffic-generating development, motor showrooms or tourist facilities on that land, and
(c) to allow for unobtrusive commercial office development or the like on that land, and
(d) to allow for buildings which, through the use of good design, materials and colours, are appropriate to the strategic location of that land and are in sympathy with the local environment, and
(e) to require appropriate landscaping so as to significantly improve the appearance of the locality which serves as an important gateway to the Nowra urban area, and
(f) to ensure that vehicular access to the land is limited to Cambewarra Road at the western boundary of the land.
(3) A person must not erect a building on the land to which this clause applies that is within 15 metres of the southern or eastern boundary of the land, as identified by the building lines on the map referred to in subclause (1).
(4) Subclause (3) does not prevent minor encroachments on the land within 15 metres of the southern or eastern boundary if they are necessary to accommodate an exceptional building design feature.
cl 19A: Ins 23.10.1992.
19B Development in Zone No 3 (b)—certain land at Princes Highway/North Street/Moss Street, Nowra
(1) This clause applies to land shown edged heavy black on the map marked “Shoalhaven Local Environmental Plan 1985 (Amendment No 215)”.
(2) The Council must not consent to development of land to which this clause applies that provides direct vehicular access to or from the Princes Highway and Moss Street, or to or from either of those streets.
(3) The Council must not consent to development of land to which this clause applies unless it is satisfied that—
(a) the nature and scale of the proposed development is satisfactory in terms of the likely traffic generation and that no impacts on public safety or on the efficiency of the Princes Highway and associated arterial road network will result from it, and
(b) the traffic impact associated with the development is appropriately managed and vehicular access to the land from North Street is minimised and appropriately located, and
(c) any buildings (and associated landscaping) are appropriate for the strategic location of the subject land through the use of good design, materials and colours and significantly improve the appearance of the locality which serves as an important gateway to the Nowra CBD.
cl 19B: Ins 29.10.2004.
20 Tourist accommodation
The Council may consent to development (other than subdivision) for the purpose of providing accommodation for tourists on any land used for agriculture that is greater than 10 hectares in area where such a use is prohibited by clause 9, but only in conjunction with the principal and continuing use of that land for the purpose of agriculture.
cl 20: Subst 16.7.1999.
20A Bed and breakfast accommodation
The Council shall not grant consent to development for the purpose of bed and breakfast accommodation unless it is satisfied that the development will not have a significant adverse impact on the amenity of the immediate neighbourhood.
cl 20A: Ins 5.2.1993.
20B Permanent occupation of tourist facilities
(1) Despite any other provision of this plan, the Council may consent to development of land described in Schedule 14 only for the purpose of—
(a) a tourist facility, or
(b) a use or activity that is an integral part of a tourist facility.
(2) Despite any other provision of this plan (including subclause (1)), the Council may grant consent to development of land described in Schedule 14 for the purposes of permanent residential occupation if—
(a) the development is part of development referred to in subclause (1), and
(b) no more than 25% of units within the development referred to in subclause (1) are to be used for the purposes of permanent residential occupation.
(3) The Council may grant consent for the purposes of permanent residential occupation of a maximum of one unit under subclause (2), where the development involves less than four units.
cl 20B: Ins 13.6.2003.
20BA Development of land in the Ulladulla and Huskisson commercial areas
(1) This clause applies to—
(a) land in the Ulladulla commercial area, being Lot 1, DP 792523, Lot 11, DP 791198, Lot 2, DP 717433, part of Lot 12, Section 2, DP 759018, part of SP 69933 and part of Lot 10, DP 791198, as shown edged heavy black and lettered “3 (a)” on the map marked “Shoalhaven Local Environmental Plan 1985 (Amendment No 226)”, and
(b) land in the Huskisson commercial area, being Lot B, DP 348180 and Lots 1 and 23, DP 7169, as shown edged heavy black and lettered “3 (f)” on that map.
(2) Despite any other provision of this plan, the Council must not consent to the carrying out of development on the land to which this clause applies unless it is satisfied that the proposed development adequately addresses car parking for, and service vehicle access to, that land and the adjoining land.
cl 20BA: Ins 2005 (437), Sch 1 [2].
20BB (Repealed)
Division 4A Heritage conservation
pt 3, div 4A: Ins 2007 (169), Sch 1 [2].
20C Definitions
In this Division—
Aboriginal object means any deposit, object or material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of the area that comprises New South Wales, being habitation either or both before or concurrent with the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.
adaptation, in relation to a building or work, means the modifying of a building or work to suit a proposed compatible use.
alteration, in relation to a building or work, means—
(a) the making of structural changes to the inside or outside of the building or work, or
(b) the making of non-structural changes to the detail, fabric, finish or appearance of the outside of the building or work, other than changes resulting from the maintenance of the building or work.
archaeological site means the site of one or more relics.
compatible use, in relation to a building or work, means a use which involves sympathetic change to the culturally significant fabric of the building or work.
conservation, in relation to a building or work, means the preservation, restoration, reconstruction, adaptation or maintenance of the building or work in such a manner as to retain the cultural significance of the building or work.
conservation management plan means a document prepared in accordance with the requirements of the NSW Heritage Office that establishes the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
demolish a heritage item, or a building, work, relic, archaeological site, tree or place within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item or the building, work, relic, archaeological site, tree or place.
heritage conservation area means land described as a heritage conservation area in Part 2 of Schedule 7 and shown edged heavy black with stippled open sawtooth on the heritage map and includes buildings, works, relics, archaeological sites, trees and places situated on or within the land.
heritage conservation area of State significance means a heritage conservation area identified by an asterisk in Part 2 of Schedule 7.
heritage impact statement means a document consisting of—
(a) a statement demonstrating the heritage significance of a heritage item or heritage conservation area, or of a building, work, relic, archaeological site, tree or place within a heritage conservation area, and
(b) an assessment of the impact that proposed development will have on that significance, and
(c) proposals for measures to minimise that impact.
heritage item means a building, work, relic, tree or place or a component of a building, work, relic, tree or place specified in an inventory of heritage items that is available at the office of the Council and the site of which is described in Part 1 of Schedule 7 and shown on the heritage map.
heritage item of State significance means a heritage item identified by an asterisk in Part 1 of Schedule 7.
heritage map means the series of maps marked “Shoalhaven Local Environmental Plan 1985 (Amendment No 212)”, as amended by the maps or, if any sheets of the maps are specified, by the specified sheets of the maps, marked as follows—
Editorial note—
The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.
heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
maintenance means the ongoing protective care of a heritage item, a place of Aboriginal heritage significance or a building, work, archaeological site, tree or place within a heritage conservation area, including but not limited to the following—
(a) repairs to the components of a place where this involves replacing missing or deteriorated fabric to match the existing fabric,
(b) repainting previously painted surfaces in colour schemes to the period of construction,
(c) repairs to services where this does not involve alterations to or opening up of existing early or significant fabric,
(d) excavation of services where this does not impact on areas that, in the opinion of the consent authority, are archaeologically significant,
(e) restoration of the components of a place by returning existing fabric to a known earlier location or configuration, by removing accretions or by reassembling existing components without the introduction of new material,
(f) gardening where major structural alteration to the garden layout is not involved,
but does not include alterations, such as carrying out extensions or additions, or the introduction of new materials or technology.
place of Aboriginal heritage significance means—
(a) the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, Aboriginal people. It can (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as—
(i) burial places, and
(ii) engraving sites, and
(iii) rock art, and
(iv) midden deposits, and
(v) scarred and sacred trees, and
(vi) sharpening grooves, or
(b) a natural Aboriginal sacred site or other sacred feature. It includes—
(i) a natural feature such as a creek or mountain of long-standing cultural significance, or
(ii) an initiation, ceremonial or story place, or
(iii) an area of more contemporary cultural significance.
relic means any deposit, object or material evidence—
(a) that relates to the settlement of the City of Shoalhaven not being Aboriginal habitation, and
(b) that is more than 50 years old.
vicinity of a heritage item means the extent of land that has a physical or visual relationship to the heritage item and its setting or to the heritage conservation area.
cl 20C: Ins 2007 (169), Sch 1 [2]. Am 2007 No 27, Sch 2.47 [1].
20D Objectives
The objectives of this plan in relation to heritage conservation are—
(a) to identify and conserve the environmental heritage of the City of Shoalhaven, and
(b) to conserve the heritage significance of existing significant fabric, relics, 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 City of Shoalhaven retain their heritage significance.
cl 20D: Ins 2007 (169), Sch 1 [2].
20E Protection of heritage items and heritage conservation areas
(1) When is consent required? The following development may be carried out only with development consent—
(a) demolishing or moving a heritage item or a building, work, relic, tree or place within a heritage conservation area,
(b) altering a heritage item or a building, work, relic, tree or place within a heritage conservation area by making structural or non-structural changes to its exterior, such as to its detail, fabric, finish or appearance,
(c) altering a heritage item by making structural changes to its interior,
(d) 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 Aboriginal object being discovered, exposed, moved, damaged or destroyed,
(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 that is within a heritage conservation area.
(2) What exceptions are there? Development consent is not required by this clause if—
(a) in the opinion of the consent authority—
(i) the proposed development—
(A) is of a minor nature or consists of maintenance to the heritage item, place of Aboriginal heritage significance or archaeological site or of a building, work, relic, tree or place within a heritage conservation area, and
(B) would not adversely affect the significance of the heritage item, place of Aboriginal heritage significance, archaeological site or heritage conservation area, or
(ii) the proposed development consists of conservation works in accordance with a conservation policy or strategy contained in a conservation management plan endorsed by the consent authority, 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, to relics in the form of grave goods or to a place of Aboriginal heritage significance—
(a) the creation of a new grave or monument, or
(b) an excavation or disturbance of land for the purpose of carrying out conservation or repair of monuments or grave markers.
(4) What must be included in assessing a development application? The consent authority must not grant consent to development on land on which a heritage item is located, within the vicinity of a heritage item, or within a heritage conservation area, unless it has assessed the impact of the proposed development on the heritage significance of the relevant heritage item or of the heritage conservation area and is satisfied that impact is acceptable.
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) What extra documentation is needed? 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 endorsed by the consent authority, if it considers the development proposed should be assessed with regard to such a plan.
(6) The issues to be addressed by the heritage impact statement must include—
(a) for development that would affect a heritage item—
(i) the heritage significance of the item as part of the environmental heritage of the City of Shoalhaven, 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 in accordance with the consent would affect any historic subdivision pattern, 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, 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 any 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 20E: Ins 2007 (169), Sch 1 [2]. Am 2008 (571), Sch 3.160 [1].
20F (Repealed)
20G Development in the vicinity of a heritage item
(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 undermine or otherwise cause physical damage to a heritage item, or
(b) 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.
(5) Before granting consent to development that, in the opinion of the consent authority, is likely to have an impact on significant views associated with heritage items, the consent authority must consider a statement addressing the visual impact of the proposed development, including associated landscaping, on the preservation of significant views.
cl 20G: Ins 2007 (169), Sch 1 [2].
20H (Repealed)
20I Development affecting places of Aboriginal heritage significance
Before granting consent to development required by clause 20E that will be carried out in a place of Aboriginal heritage significance, the consent authority must—
(a) consider the effect on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place, and
(b) except where the proposed development is integrated development, notify the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and take into consideration any comments received in response within 21 days after the relevant notice is sent.
cl 20I: Ins 2007 (169), Sch 1 [2]. Am 2008 (571), Sch 3.160 [3].
20J Development affecting archaeological sites
(1) Before granting consent to development required by clause 20E that will be carried out on an archaeological site (whether or not it is also the site of an Aboriginal object), the consent authority must—
(a) consider the effect on the heritage significance of any relic known or reasonably likely to be located at the site, and
(b) be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.
(2) This clause does not apply to land which is listed on the State Heritage Register or to which an interim heritage order applies.
cl 20J: Ins 2007 (169), Sch 1 [2]. Am 2008 (571), Sch 3.160 [4].
20K Development in heritage conservation areas
Before granting consent to 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.
cll 20K–20M: Ins 2007 (169), Sch 1 [2].
20L Conservation incentives
The consent authority may grant consent to the use for any purpose of a building that is a heritage item, or of the land on which such a building is erected, even though the use would otherwise not be allowed by this plan, if—
(a) the consent authority is satisfied that the retention of the heritage item depends on the granting of consent, and
(b) the proposed development is in accordance with a conservation management plan that has been endorsed by the consent authority, and
(c) the conditions of consent to the proposed development would ensure that all necessary conservation work identified in the conservation management plan is carried out, and
(d) the proposed development would not adversely affect the heritage significance of the heritage item or its setting, and
(e) the proposed development would not significantly adversely affect the amenity of the surrounding area, and
(f) conditions of consent to the proposed development would enable the general public to have increased access to the heritage item.
cll 20K–20M: Ins 2007 (169), Sch 1 [2].
20M Milton streetscape
(1) This clause applies to land at Milton, being Lot 5, DP 78484, Lot 1, DP 112309, Lot 2, DP 153993, Lots C and D, DP 160290, Lot 5, DP 160292, Lots 2, 4, 6, 7, 8, 9 and 10, Section B, DP 975074 and Lot 7, DP 556082, Princes Highway.
(2) The objectives of this clause are to maintain and enhance the heritage character of the streetscape and to ensure that any development is compatible with the heritage significance of heritage items.
(3) In deciding whether to grant consent to development of land to which this clause applies, the consent authority must take into account the adequacy of the measures proposed by the applicant to ensure the proposed development will meet the objectives of this clause.
cll 20K–20M: Ins 2007 (169), Sch 1 [2].
Division 5 Environmental management
pt 3, div 5, hdg: Am 16.7.1999.
21 Land of ecological sensitivity
(1) This clause applies to land shown on the map by distinctive hatching. That land is taken to be land of ecological sensitivity.
(2) The objective of this clause is to minimise adverse impacts of development on natural features, including flora, fauna, landforms and other physical features, and ecological processes.
(3) Despite clause 9, the consent of the Council is required for any development, including forestry and agriculture, on land to which this clause applies.
(4) In deciding whether to grant consent, the Council must take into account—
(a) the objectives of this clause, and
(b) the adequacy of the measures proposed by the applicant to avoid, mitigate or remedy any adverse effects of the proposed development on the ecological values of the land and other land in its vicinity.
cl 21: Subst 16.7.1999.
21A Vegetation linkage
(1) This clause applies to land bounded by a broken black line on the map and lettered “Vegetation Linkage” but does not apply to land within a Residential 2 zone, a Business 3 zone, an Industrial 4 zone or a Special Uses 5 zone.
(2) Development of land to which this clause applies must be designed to enhance the retention and augmentation of vegetation native to the area.
cl 21A: Ins 18.4.1997. Rep 16.7.1999. Ins 13.6.2003.
22 Activities in Zone Nos 1 (c), 7 (a), 7 (c), 7 (d1), 7 (d2), 7 (e), 7 (f1), 7 (f2) and 7 (f3)
(1) A person must not, without the consent of the Council, ringbark, cut down, top, lop or otherwise destroy any tree having a height of 3 metres or more on land within Zone No 1 (c), 7 (a), 7 (c), 7 (d1), 7 (d2), 7 (e), 7 (f1), 7 (f2) or 7 (f3).
(2) A person must not, without the consent of the Council, on land within Zone No 7 (a)—
(a) clear the land of trees,
(b) place fill upon such land,
(c) alter the level of the surface of such land, or
(d) clear or remove vegetation from such land.
cl 22: Subst 16.7.1999.
23 Protection of streams
(1) This clause applies to any perennial water course within Zone No 1 (a), 1 (b), 1 (c), 1 (d), 1 (e) or 1 (g).
(2) For the purposes of this clause, a perennial water course means land shown by a continuous blue line on the latest version 1:25,000 scale topographic map for the land to which this clause applies produced by the NSW Land Information Centre and available for public inspection at the office of the Council.
(3) The objectives of this clause are—
(a) to protect water quality,
(b) to protect aquatic habitats and riparian communities,
(c) to protect and enhance the function of perennial water courses and their associated vegetation as habitat corridors,
(d) to protect the scenic and recreational values of perennial water courses and their associated vegetation communities, and
(e) to protect perennial water courses from erosion and sedimentation.
(4) Despite clause 9, the consent of the Council is required for any development within 50 metres from the centre line of a perennial water course or, where the perennial water course is greater than 20 metres in width, from the bank of the perennial water course.
(5) In deciding whether to grant consent, the Council must take into account—
(a) the objectives of the clause, and
(b) the adequacy of the measures proposed by the applicant to avoid, mitigate or remedy any adverse effects of the proposed development on the ecological and aesthetic values of the perennial water course concerned and of land in its vicinity.
cl 23: Am 18.4.1997. Subst 16.7.1999. Am 13.6.2003.
23A (Repealed)
24 Water catchment areas
(1) This clause applies to land bounded by a broken line on the map and lettered “Water Catchment Area”.
(2) The objective of this clause is to protect the quality of stored water that is to be used for drinking.
(3) In determining an application for consent to development on or of land to which this clause applies, the Council must take into account the objective of this clause and the adequacy of measures proposed by the applicant to avoid or mitigate any adverse effects of the proposed development on the quality of stored water that is to be used for drinking.
cl 24: Subst 26.11.1993; 16.7.1999.
24A Intensive plant growing development in the Sydney Drinking Water Catchment
(1) The objective of this clause is to require development consent for development with the potential to have an adverse impact on water quality in the Sydney Drinking Water Catchment.
(2) Despite any other provision of this Plan, development for the purposes of intensive plant growing is permitted with development consent on land in the Sydney Drinking Water Catchment.
(3) In this clause—
intensive plant growing on land means market gardening, fungi growing, fruit growing, flower growing, viticulture or the like for commercial purposes, but does not include growing—
(a) wheat, oats, oilseed, legumes or other field crops, or
(b) any species of plant for pastures.
Sydney Drinking Water Catchment has the same meaning as in State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 6.
cl 24A: Ins 2006 (289), Sch 1.10. Am 2011 (28), Sch 1.5; 2022 (72), Sch 1.49. Subst 2022 (629), Sch 3.10.
25 Steep lands
(1) This clause applies to land within Zone No 1 (a), 1 (b), 1 (c), 1 (d) or 1 (e) which has a slope in excess of 20% (1:5).
(2) The objectives of this clause are—
(a) to protect soils from erosion,
(b) to protect the water quality of surface waters, and
(c) to protect the visual amenity.
(3) Despite clause 9, the consent of the Council is required for any development, including land clearing and forestry, on land to which this clause applies.
(4) In deciding whether to grant consent, the Council must take into account—
(a) the objectives of this clause, and
(b) the adequacy of any measures proposed by the applicant to avoid, mitigate or remedy any adverse affects on soils, water quality or the visual amenity.
cl 25: Subst 16.7.1999.
26 Soil, water and effluent management
(1) A person must not carry out development that relates to the habitation of land by humans unless and until arrangements satisfactory to the Council have been made by the applicant (and if the applicant is not the owner, the owner also) for the provision of a water supply, facilities for the removal of sewage, and for the drainage of stormwater and other surface water from the land.
(2) In deciding whether arrangements for drainage of stormwater and other surface water and the treatment and disposal of effluent are satisfactory, the Council must take into account whether the proposed systems can be accomplished in a manner which meets the following objectives—
(a) economical feasibility and practicality in terms of design, installation and maintenance,
(b) protection of public heath,
(c) protection of surface water,
(d) protection of ground water,
(e) encouragement of the utilisation of wastewaters as a resource rather than a waste for disposal, and
(f) protection of community amenity.
(3) Despite any other provision of this plan, except clauses 2, 9 (3) and 21 and the objectives of the zone in which development the subject of this clause is proposed, the Council may consent to the construction of devices which, in the opinion of the Council, are to be used principally for the purpose of soil and water management or water pollution control.
(4) The Council must not consent to the carrying out of development on the following land involving the need for effluent disposal unless it is satisfied that any habitable building erected or to be erected on that land will be connected to a reticulated sewerage system linked to an operating sewage treatment plant for the locality—
Callala Beach, Griffin Street area
Land shown as being within Zone No 2 (c) on the map marked “City of Shoalhaven Local Environmental Plan 1985 (Amendment No 77)”.
cl 26: Am 18.12.1998. Subst 16.7.1999.
26A (Repealed)
27 Development on acid sulfate soils
(1) This clause applies to land identified as having high probability to be affected by acid sulfate soils on the map prepared by the Department of Land and Water Conservation entitled “Acid Sulfate Soil Risk Map” dated December 1997 and available for public inspection at the office of the Council.
(2) Despite any other provision of this plan, the consent of the Council is required for any development which involves or is likely to involve, through drainage, earthworks, or any other means, the exposure to the atmosphere of any part of soil which contains iron pyrites within land to which this clause applies.
(3) The Council must not consent to development described in subclause (2) unless it is satisfied that measures can and will be taken to avoid or mitigate the actual or potential contamination of waterways in the vicinity of the land concerned by acid from acid sulfate soils.
cl 27: Am 18.12.1998. Subst 16.7.1999. Am 13.6.2003.
27AA, 27A (Repealed)
28 Danger of bush fire
(1) The Council must not grant consent to the carrying out of development on bush fire prone land if it is of the opinion that—
(a) the development may have a significant adverse effect on the implementation of—
(i) any strategies for bush fire hazard reduction or risk management adopted by the Council, or
(ii) any relevant provisions of the Act or the Rural Fires Act 1997, and
(b) the development, including the arrangements for access to and from the development, may constitute a significant threat to the lives of residents, visitors or emergency services personnel, and
(c) the development may give rise to an increased demand for emergency services during bush fire events that will result in a significant decrease in the ability of the emergency services to effectively control major bush fires.
Note—
Section 146 of the Act provides that bush fire prone land is land recorded by the Council as such on a map certified by the Commissioner of the NSW Rural Fire Service as a bush fire prone land map for the area of the Council.
(2) The Council must not grant consent to the carrying out of development on bush fire prone land unless it is satisfied that adequate measures are proposed to avoid or mitigate the threat from bush fire, having regard to—
(a) the siting of the development, and
(b) the design of, and the materials used in, any structures involved in the development, and
(c) the clearing of vegetation, and
(d) the provision of asset protection zones, landscaping and fire control aids (such as roads and water supplies).
(3) Before deciding to grant consent to any development on bush fire prone land, the Council—
(a) must have regard to the requirements set out in Planning for Bush Fire Protection, and
(b) must be satisfied that those requirements will be met as far as is practicable in the circumstances.
(4) The Council must not consent to the erection of any building on the following land within the set-backs identified by building lines on the map describing that land—
Callala Beach, Griffin Street area—land shown as being within Zone No 2 (c) on the map marked “City of Shoalhaven Local Environmental Plan 1985 (Amendment No 77)”.
cl 28: Subst 16.7.1999. Am 13.6.2003. Subst 11.3.2005. Am 2007 No 82, Sch 3.22 [2]; 2020 (69), Sch 1.9[1]; 2023 (83), Sch 1.6[3].
28A (Repealed)
29 Development of flood liable land
(1) Subject to subclause (2), the Council must not consent to the carrying out of development on land which, in its opinion, is flood liable.
(2) The Council may consent to the carrying out of development on flood liable land if—
(a) the development is for a purpose ancillary or incidental to the use of land for the purpose of agriculture, or
(b) the development comprises the extension or alteration of an existing dwelling-house, or
(c) the land is in any urban zone under this plan, or
(d) the Council has received a flood assessment report, in relation to the land, that addresses each of the matters referred to in subclause (3), and the Council is of the opinion that the development is feasible despite the land being flood liable.
(3) In considering an application to which subclause (2) applies, the Council must make an assessment of—
(a) the likely levels, velocity, sedimentation and debris carrying effects of flooding,
(b) the structural sufficiency of any building the subject of the application and its ability to withstand flooding,
(c) the effect which the development, if carried out, will or is likely to have on the flow characteristics of floodwaters,
(d) whether or not access to the site will be possible during a flood, and
(e) the likely increased demand for assistance from emergency services during a flood.
(4) In granting consent to a development application made pursuant to subclause (2), the Council may impose conditions that set floor levels, require filling, structural changes or additions or require other measures to mitigate the effects of flooding or assist in emergency situations.
cl 29: Subst 16.7.1999. Am 3.3.2000.
30 Structures in Zones Nos 2 (a4), 3 (h) and 4 (e)
In respect of an application for consent to erect a structure on land within Zone No 2 (a4), 3 (h) or 4 (e), the Council must make an assessment of—
(a) the likelihood of floodwaters entering the structure,
(b) the effect of soil instability, and
(c) the likelihood of damage due to coastal erosion,
and may attach to any consent conditions which, in the opinion of the Council, will prevent or reduce the incidence of flooding or instability.
cl 30: Subst 16.7.1999.
31–32A (Repealed)
33 Height of buildings
A building must not be erected to a height greater than 2 storeys, including any parking space, above natural ground level, without the consent of the Council.
cl 33: Subst 16.7.1999.
33A Vehicular access to the St Georges Basin By-pass
(1) This clause applies to a development application which proposes use of an existing or new vehicular access to the St Georges Basin By-pass from land which has a frontage to the St Georges Basin By-pass as shown on the map marked “City of Shoalhaven Local Environmental Plan 1985 (Amendment No 168)” deposited in the office of the Council of the City of Shoalhaven.
(2) The Council shall not consent to a development application referred to in subclause (1) unless it is satisfied that the nature and scale of the proposed development is satisfactory in terms of likely traffic generation, that no alternative access way is feasible, and that no adverse impact to public safety or the efficiency of the St Georges Basin By-pass has been identified.
cl 33A: Ins 3.3.2000.
33B Vehicular access to the Princes Highway (Murramerang Street), Ulladulla
(1) This clause applies to Portion 213, Parish of Ulladulla, County of St Vincent and Lots 1, 2, 3, 4 and 5, DP 21356, Princes Highway (Murramerang Street), Ulladulla.
(2) The Council must not consent to the development of land to which this clause applies that involves vehicular access to the Princes Highway unless the Council is satisfied—
(a) that, having regard to the nature and scale of the proposed development, likely traffic generation will not be excessive, and
(b) that there is no feasible alternative access way for vehicles, and
(c) that there will be no significant adverse impact to public safety or the efficiency of the Princes Highway in the area.
cl 33B: Ins 13.6.2003.
34 Building lines along main roads
A person must not, on an allotment of land which is within Zone No 1 (b), 7 (a), 7 (c), 7 (d1), 7 (e), 7 (f1), 7 (f2) or 7 (f3) and which has a frontage to a road—
(a) erect a building for the purpose of a caravan park—
(i) where the road is a main road not less than 40 metres in width—closer than 90 metres to the nearest alignment of the road, or
(ii) where the road is a main road less than 40 metres in width—closer than 110 metres to the centre line of the road,
(b) erect a building for the purpose of a hotel or motel—
(i) where the road is a main road not less than 40 metres in width—closer than 45 metres to the nearest alignment of the road, or
(ii) where the road is a main road less than 40 metres in width—closer than 65 metres to the centre line of the road,
(c) erect a building for the purpose of a rural or extractive industry—
(i) where the road is a main road not less than 40 metres in width—closer than 30 metres from the nearest alignment of the road, or
(ii) where the road is a main road less than 40 metres in width—closer than 50 metres to the centre line of the road, or
(d) erect a building for any other purpose—
(i) where the road is a main road not less than 40 metres in width—closer than 20 metres from the nearest alignment of the road, or
(ii) where the road is a main road less than 40 metres in width—closer than 40 metres from the centre line of the road.
cl 34: Am 5.2.1993. Subst 16.7.1999.
34A Foreshore building lines
(1) The objectives of this clause are—
(a) the preservation and enhancement of the natural features and vegetation of the area near where land meets water, and
(b) the restoration of the land below the foreshore building line, so far as practicable, to a natural state, with a minimum intrusion of artificial structures, and
(c) the restriction of development below the foreshore building line to development specified in this clause, and
(d) the significant reduction in the number of structures below the foreshore building line, particularly on redevelopment of foreshore land, and
(e) the conservation and enhancement of waterfront development of heritage value, and
(f) the avoidance of pollution of, or adverse ecological effects on, waterways.
(2) A person must not erect a building or carry out a work on land between a foreshore building line and the tidal water in respect of which the foreshore building line is fixed.
(3) The Council must not consent to development on an allotment of land having a foreshore building line, unless it is satisfied that—
(a) any building or works on the allotment between the foreshore building line and the mean high water mark at the date of commencement of this clause will be removed before, or within a reasonable time after, the development is carried out, or
(b) it would be inconsistent with any of the objectives of this clause to require the removal of any building or works on the allotment between the foreshore building line and the mean high water mark.
(4) Subclauses (2) and (3) do not apply to—
(a) single storey boat sheds, or
(b) boat launching and slipping facilities, or
(c) below-ground swimming pools, or
(d) works, including mechanical works, to enable pedestrian access, or
(e) landscaping, or
(f) barbeque facilities, or
(g) jetties, or
(h) swimming enclosures.
(5) To avoid doubt, State Environmental Planning Policy No 1—Development Standards applies to subclause (2) in the same way as it applies to a development standard.
(6) In this clause—
foreshore building line means the line shown on the map by a broken black line on an allotment of land, that is parallel to (and at the distance specified in the map from) the mean high water mark of tidal water as at the date of commencement of this clause, regardless of any reclamation, other works or changes occurring since that date.
cl 34A: Ins 13.6.2003.
35 (Repealed)
35A Buffers
(1) This clause applies to land within a buffer area identified on the map.
(2) The Council must not consent to any development on land to which this clause applies which in the opinion of the Council would lead—
(a) in relation to a quarry—to the sterilisation of the resource that is extracted at the quarry, or
(b) in relation to any other matter—to an impediment to the particular purpose indicated by scarlet lettering on the map.
cl 35A: Ins 16.7.1999. Am 13.6.2003.
Division 5A Other development
pt 3, div 5A, hdg: Ins 16.7.1999.
36 Development of land shown uncoloured on the map
(1) Development, including the clearing of vegetation and trees, shall not be carried out on any land shown uncoloured on the map without the consent of the Council.
(2) Notwithstanding subclause (1), a public authority does not require Council’s consent to clear vegetation or trees within road reserves shown uncoloured on the map.
cl 36: Subst 5.2.1993.
37 Suspension of covenants, agreements and instruments
(1) This clause applies to development on land within any zone.
(2) For the purpose of enabling development to which this clause applies to be carried out in accordance with this plan or with a consent granted under the Act, any agreement, covenant or instrument that restricts the carrying out of that development shall not apply to the extent necessary to serve that purpose.
(3) Nothing in subclause (2) affects the rights or interests of any public authority under any registered instrument.
37A Notification of certain development
(1) All development applications require notification to be given by the Council, except those for consent to development that the Council considers to be of a minor nature.
(2) The form and extent of any such notification are to be determined by the Council with regard to the circumstances in each case.
(3) Nothing in this clause affects the giving of notice in respect of designated development.
cl 37A: Ins 18.10.1996.
38 Community use of school facilities and sites
(1) Where land to which this plan applies is used for the purposes of an educational establishment, the site and facilities of the establishment may, with the consent of the Council, be used for the purposes 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 pursuant to an environmental planning instrument without development consent.
38A Fair trading option
Nothing in this plan prevents a person, with the consent of Council, from carrying out development on land referred to in Schedule 8 for a purpose specified in that Schedule in relation to that land, subject to such conditions, if any, as are so specified notwithstanding that such development may be otherwise prohibited by or inconsistent with other provisions of this plan, providing the Council is satisfied that—
(a) the development proposed will result in the dedication of land to Council, at no cost to Council, which will serve the public interest, and
(b) the development proposed is not excessive, balanced against the public interest gained by dedication of the land to Council, and
(c) the development proposed will not result in a significantly adverse effect on the environment.
cl 38A: Ins 22.5.1998.
39 Development for certain additional purposes
Nothing in this plan prevents a person, with the consent of the Council, from carrying out development on land referred to in Schedule 9 for a purpose specified in that Schedule in relation to that land, subject to such conditions, if any, as are so specified, notwithstanding that such development may be inconsistent with the provisions of this plan.
39A Development of certain land at West Nowra
(1) This clause applies to the land coloured yellow and lettered “Aboriginal Community Housing Purposes” on the map marked “City of Shoalhaven Local Environmental Plan 1985 (Amendment No 52)”, being part lot 432, DP 723151, Yalwal Road, West Nowra.
(2) Development for the purpose of Aboriginal community housing on land to which this clause applies shall be limited to a total of 16 dwellings.
(3) Any application made for development of the land to which this clause applies shall be accompanied by a soil erosion and sediment control plan.
(4) (Repealed)
cl 39A: Ins 12.4.1991. Am 2008 (571), Sch 3.160 [5].
39B Development of certain land at Sussex Inlet
(1) This clause applies to land shown by heavy black edging on the map marked “City of Shoalhaven Local Environmental Plan 1985 (Amendment No 57)” being lot 104, DP 26638, Sussex Inlet Road, Parish of Farnham, County of St Vincent.
(2) The land to which this clause applies may, with the consent of the Council, be subdivided into a maximum of 6 lots and developed for the purposes of a caravan park (with not more than 5 sites for long-term residents (within the meaning of Ordinance No 71 under the Local Government Act 1919), retail plant nursery, Australiana Village/Reception area and associated tourist facilities, including a souvenir shop and mini-golf course.
(3) Access to the proposed development referred to in sub-clause (2) shall be by way of an extension of Flood Avenue.
(4) The Council shall not consent to development referred to in sub-clause (2) after the expiration of 4 years from the date of publication in the Gazette of City of Shoalhaven Local Environmental Plan 1985 (Amendment No 57).
cl 39B: Ins 16.8.1991.
39BA Development of certain land at Princes Highway, Bomaderry
(1) This clause applies to land shown edged heavy black on the map marked “City of Shoalhaven Local Environmental Plan 1985 (Amendment No 97)”.
(2) The Council shall not consent to any subdivision of land to which this clause applies unless the Council has taken into consideration a landscape plan that is of a standard satisfactory to the Council. The landscape plan must show how the visual quality of the land as an important gateway to the Nowra urban area is to be improved and protected through the retention of existing vegetation, extensive supplementary planting of appropriate trees and shrubs and must include a scheme for the implementation and maintenance of appropriate works.
cl 39BA: Ins 25.8.1995.
39BB Development of certain land at Seven Mile Beach
(1) This clause applies to land shown edged heavy black on the map marked “City of Shoalhaven Local Environmental Plan 1985 (Amendment No 166)”.
(2) The Council shall not consent to an application to subdivide or otherwise carry out development of land to which this clause applies unless—
(a) it has considered plans and documentation showing how pollution is to be controlled which might arise from carrying out development on the allotments to be created by the proposed subdivision or from carrying out the other development, and
(b) if the proposed subdivision or other development is of, or on, an allotment abutting Seven Mile Beach National Park—it has considered plans and documentation showing the measures to be introduced to protect the natural values of that National Park, and
(c) subdivision of Lot 4, DP 713138 does not exceed twenty-eight lots plus one lot of approximately 13 hectares to be transferred to the Minister administering the National Parks and Wildlife Act 1974 in accordance with subclause (4), and
(d) subdivision of Lot 4, DP 604218 does not exceed fourteen lots plus one lot of approximately 53 hectares to be transferred to the Minister administering the National Parks and Wildlife Act 1974 in accordance with subclause (4).
(3) The provisions of clause 12 (3) (c) of this plan do not apply to land subject to this clause.
(4) Development Consent for any subdivision of Lot 4, DP 713138 or Lot 4, DP 604218 shall not be granted unless the Council is satisfied that arrangements have been made for the transfer to the Minister administering the National Parks and Wildlife Act 1974 under Part 11 of that Act, at no cost to that Minister, of the land identified on the map referred to in clause (1) as “area to be transferred for addition to Seven Mile Beach National Park”.
(5) Until development consent to the subdivision of the land to which this clause applies is granted in accordance with subclauses (2)–(4), development may be carried out on the land in accordance with this plan as if the land had continued to be zoned Rural “A” (Agricultural Production), notwithstanding the amendments made to this plan by City of Shoalhaven Local Environmental Plan 1985 (Amendment No 166).
cl 39BB: Ins 7.7.2000. Am 2008 (571), Sch 3.160 [6].
39BC Development of certain land at Lake Conjola
(1) This clause applies to Lot 26, DP 1016153, as shown edged heavy black on the map marked “City of Shoalhaven Local Environmental Plan 1985 (Amendment No 207)”.
(2) The Council must not consent to the carrying out of development on land to which this clause applies for the purpose of camping grounds, caravan parks, dwelling-houses or golf courses.
cl 39BC: Ins 14.11.2003.
39C Temporary use of land
(1) Notwithstanding any other provision of this plan, the Council may grant consent to the temporary use of any land for any purpose (not being designated development or development prohibited by the provisions of any other environmental planning instrument applying to the land) for a maximum period of 28 days (whether or not the days are consecutive) in any one year.
(2) In determining whether to grant consent as referred to in subclause (1), the Council shall take into consideration—
(a) the protection of the environment and the amenity of the locality during and immediately after the carrying out of the proposed use,
(b) whether appropriate arrangements will be made for the provision of utility services, vehicular and pedestrian access, parking and the restoration of the site to the condition prevailing immediately before the carrying out of the proposed use, and
(c) whether the period for the carrying out of the proposed use is reasonable in the circumstances or whether a lesser period would be more appropriate.
cl 39C: Ins 5.2.1993.
39D Transitional arrangement for certain concessional allotments
An application for consent to subdivide land in accordance with clause 11 (4), as in force immediately before the commencement of City of Shoalhaven Local Environmental Plan 1985 (Amendment No 127), that had not been finally determined when that plan commenced is to be determined as if that plan had not been made.
cl 39D: Ins 16.7.1999.
39E Development of certain land at Princes Highway, Nowra
(1) This clause applies to land at Nowra, as shown edged heavy black on the map marked “City of Shoalhaven Local Environmental Plan 1985 (Amendment No 202)” deposited in the office of the Council.
(2) The Council must not consent to the development of land to which this clause applies, unless—
(a) the Council is satisfied that the nature of the development will complement the role of Nowra as a sub-regional centre, and
(b) a stormwater management strategy to minimise stormwater pollution has been submitted to the Council and the Council is satisfied that the strategy identifies the following—
(i) average annual pollutant loads from the proposed development,
(ii) suitable source controls to minimise the generation of excessive runoff and pollution,
(iii) means of reusing stormwater where possible,
(iv) use of stormwater infiltration.
(3) The Council must not consent to the development of land to which this clause applies if the development provides for direct access from the development to the Princes Highway.
(4) The Council must not consent to the development of land North of Junction Street, Nowra, as shown hatched on the map marked “City of Shoalhaven Local Environmental Plan 1985 (Amendment No 202)” deposited in the office of the Council of the City of Shoalhaven, unless the Council is satisfied that adequate provision will be made to enable access for vehicles and services from North Street to Lot 3, DP 625710.
(5) The Council must not consent to the development of land to which this clause applies, on the section of Junction Street, Nowra that is east of the Princes Highway, unless the Council is satisfied—
(a) that adequate arrangements have been made for the relocation of public utility services, and
(b) that adequate links will be made for vehicles and services between the proposed development and the proposed East Nowra Sub-Arterial Road, and
(c) that the proposed development’s impact on the Princes Highway will be acceptable.
cl 39E: Ins 16.2.2001. Subst 2.4.2004. Am 17.12.2004.
39F Development on certain land at Yalwal
(1) This clause applies to land shown edged heavy black on the map marked “City of Shoalhaven Local Environmental Plan 1985 (Amendment No 186)”.
(2) The Council must not grant consent to development for the purpose of a dwelling (including a tourist accommodation unit) on land that is within 40 metres of Danjera Dam or any natural watercourse measured as the shortest distance between the boundary of the development site and—
(a) the top of the high bank, if present, or
(b) if no high bank is present, then—
(i) the mean high water mark in tidal waters, or
(ii) the mean water level in non-tidal waters.
(3) The Council may consent to development for the purpose of a tourist related use (other than a tourist accommodation unit) on land that is within 40 metres of Danjera Dam or any natural watercourse measured in accordance with subclause (2), but only if the Council is satisfied that the proposed use—
(a) is ancillary to a tourist facility, and
(b) is passive in nature, and
(c) will not have a detrimental effect on water quality in Danjera Dam.
(4) The Council must not grant consent to the carrying out of development involving the disposal of effluent directly into the ground water system unless the Council is satisfied that the disposal will not have a detrimental effect on the water quality of Danjera Dam.
cl 39F: Ins 23.8.2002.
40 Restriction on development in respect of certain road proposals
Where, on the map, a proposed new road is shown by broken black lines, the Council may not consent to the development of land of which the proposed road forms part unless the proposed development makes provision for the opening of a road in reasonable conformity with the proposed road.
cl 40: Am 13.6.2003.
40A Development in the vicinity of regional services corridor
The Council must not consent to the excision of an allotment from land within or in the vicinity of a regional services corridor, if the creation of the allotment is for a purpose which in the opinion of the Council is, or is likely to be, adversely affected by the regional services corridor.
cl 40A: Ins 2.2.1990. Subst 16.7.1999.
40B Special requirements in respect of expansion of Culburra urban area
(1) This clause applies to land situated in the City of Shoalhaven, being part of the Parish of Wollumboola, County of St Vincent, as shown edged heavy black on the map marked “City of Shoalhaven Local Environmental Plan 1985 (Amendment No 41)”.
(2) Notwithstanding the provisions of clause 9, the Council may consent to an application for the use of areas, which in the opinion of the Council are of minor importance, for passive recreation and the construction of ancillary facilities on land to which this clause applies within Zone No 7 (a) subject to the consideration by the Council of a statement, provided by the applicant, of the environmental effects of the proposed development.
(3) The Council shall not consent to an application to subdivide land to which this clause applies unless—
(a) plans and documentation showing the development staging have been submitted to the Council which assess the areal extent of soils exposed at any one time, and
(b) plans and documentation showing the proposals for erosion and sedimentation controls satisfactory to the Council are submitted to the Council with the application, and
(c) designs for surface drainage works and proposals for isolation of potential contaminants during the construction phase are submitted to the Council with the application.
cl 40B: Ins 28.8.1992. Am 16.7.1999.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1 Name of plan
This plan may be cited as Shoalhaven Local Environmental Plan 1985.
cl 1: Am 5.3.2004.
1A References to City of Shoalhaven Local Environmental Plan 1985
A reference in any environmental planning instrument to City of Shoalhaven Local Environmental Plan 1985 is taken to be a reference to Shoalhaven Local Environmental Plan 1985, whether the instrument was made before or after the commencement of City of Shoalhaven Local Environmental Plan 1985 (Amendment No 213).
cl 1A: Ins 5.3.2004.
2 Aims, objectives etc
(1) The aims of this plan are—
(a) to provide guidelines in accordance with the objects of the Act for orderly and timely development and management of land use in the City,
(b) to enhance individual and community well-being and welfare by following a path of economic development that does not impair the welfare of future generations, and
(c) to work towards an ecologically sustainable future through the proper management, development, protection, restoration, enhancement and conservation of the environment of the City.
(2) The objectives of this plan are—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to provide for a variety of residential life styles,
(b) to ensure space is provided for community services and facilities as well as recreational activities,
(c) to enable a variety of commercial uses while consolidating existing commercial centres,
(d) to enable accommodation of industrial uses,
(e) to ensure that the council gives due regard to the effect of natural hazards upon development,
(f) to ensure that development and expansion of coastal villages are sympathetic to the coastal environment,
(g) to maintain the agricultural use of prime crop and pasture land by minimising development which has an adverse and irreversible impact on the land’s agricultural potential,
(h) to protect heritage items,
(i) to provide a safe and efficient transport network connecting land use activities inside and outside the City,
(j) to encourage the provision of adequate community facilities and services,
(k) to ensure the social amenity and well-being of the City,
(l) to provide the most appropriate public utility services in the most effective manner,
(m) to encourage appropriate forms of tourism which are sensitive to and compatible with the natural and cultural environments of the City,
(n) to maintain the rural character of non-urban areas,
(o) to ensure the protection of important natural and cultural environments,
(p) to protect and enhance scenic and landscape qualities,
(q) to ensure that the potential for winning extractive and mineral resources, where appropriate, is not compromised by other forms of development,
(r) to ensure that development achieves the water quality or river flow objectives of ground water, rivers, estuaries, wetlands and other water bodies,
(s) to avoid, mitigate or remedy the adverse effects of development on the environment,
(t) to minimise energy consumption and promote energy efficient design and appliance use,
(u) to minimise potable water consumption and promote wastewater reuse as well as water saving designs and fittings,
(v) to minimise waste generation and promote recycling and reuse of materials, and
(w) to minimise the clearing of native vegetation especially those local species which are poorly represented in conservation reserves.
(3) The strategies by which the aims referred to in subclause (1) and the objectives referred to in subclause (2) are to be achieved are by—
(a) identifying land use zones on the map, objectives for each zone, the type of land uses appropriate for each zone and whether consent of the Council for appropriate land uses is required (Part 2),
(b) establishing conditions under which subdivision, dwelling-houses and other types of development may be carried out in specific zones (Part 3, Divisions 1, 2, 3 and 4),
(c) specifying environmental outcomes for certain types of land or within certain zones (Part 3, Divisions 5 and 6),
(d) specifying controls on development within certain areas (Part 3, Divisions 7, 8 and 9), and
(e) providing schedules containing specific references to uses or land referred to in this plan (Schedules 1–7 and 9–11).
cl 2: Am 16.7.1999; 2004 No 91, Sch 2.72 [1]; 2007 (169), Sch 1 [1]; 2020 (724), Sch 2[1].
3 Land to which plan applies
(1) Except as provided by subclause (2), this plan applies to land within the City of Shoalhaven, as shown on the map, with boundaries as indicated on the map.
(2) This plan does not apply to land shown uncoloured, edged heavy black and marked “Deferred” on the map, being land excluded from the operation of this plan pursuant to section 68 (5) of the Act or to land within Zone 8 (a) or 8 (b) under Schedule 16.
Note—
This plan does not apply to land to which Shoalhaven Local Environmental Plan 2014 or Shoalhaven Local Environmental Plan (Jerberra Estate) 2014 applies—see clause 1.8 (2) of each of those plans.
cl 3: Am 10.1.1997; 2.6.2000; 2016 (310), Sch 2.1 [1] [2].
4 Relationship to other environmental planning instruments
(1) This plan—
(a) amends Interim Development Order No 1—Shire of Shoalhaven in the manner set out in subclause (2), and
(b) repeals Shoalhaven Local Environmental Plan Nos 1–12.
(2) Interim Development Order No 1—Shire of Shoalhaven is amended by inserting after clause 1 the following clause—
1A
This order does not apply to land to which City of Shoalhaven Local Environmental Plan 1985 applies.
5 Model Provisions
(1) The Environmental Planning and Assessment Model Provisions 1980 (except for the definitions of agriculture, club, extractive material, home industry, home occupation, motel, residential flat building and units for aged persons in clause 4 (1) and clauses 15, 16, 23, 29, 30, 34, 35 (c), and item 8 of Schedule 1) are adopted for the purposes of this plan.
(2) A tree preservation order made and in force immediately before the appointed day and applying to land to which this plan applies shall be deemed to be a tree preservation order made in pursuance of clause 8 of the Environmental Planning and Assessment Model Provisions 1980, and may be rescinded or varied accordingly.
cl 5: Am 20.11.1992; 5.2.1993; 19.11.1993; 2.12.1994; 16.5.1997; 11.9.1998; 16.7.1999.
6 Interpretation
(1) In this plan, except in so far as the context or subject-matter otherwise indicates or requires—
agriculture means the use of land for cultivation, horticulture or animal husbandry but does not include a use of land elsewhere specifically defined in this clause.
animal boarding establishment means a building or place where cats or dogs are bred, trained, accommodated or nurtured for gain or reward.
appointed day means the day upon which this plan takes effect.
aquaculture means the commercial production (breeding, hatching, rearing or cultivation) of marine, estuarine or fresh water organisms, including aquatic plants or animals (such as fin fish, crustaceans, molluscs or other aquatic invertebrates).
aviation related land use means a building or place used as an office or for other business or commercial purposes or industry related to aviation, and includes a building or place used for the provision of services related to—
(a) the assembly, storage or land transport of air freight, or
(b) the accommodation or transportation of passengers by air or land, or
(c) the operation, maintenance or repair of aircraft, or
(d) the administrative functions associated with an airport, such as airport management and security, or
(e) the functions of government departments and authorities related to air passengers and air freight, or
(f) services provided for air passengers, including banking, dry cleaning, hairdressing, and the like.
bed and breakfast accommodation means the use of premises comprised of one or more buildings for the provision of accommodation and meals to temporary residents on a short-term basis where—
(a) the accommodation is, in each case, for a period not in excess of 21 days,
(b) no more than 12 residents (including permanent residents) are accommodated at any one time, and
(c) only permanent residents of the premises and other part-time employees are employed on the premises.
brothel means premises habitually used for the purposes of prostitution or that are designed to be used for that purpose. Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution.
bulky goods premises means a building or place used primarily for the sale by retail, wholesale or auction of (or for the hire or display of) bulky goods, being goods that are of such size or weight as to require—
(a) a large area for handling, display or storage, or
(b) direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,
but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale or hire or display of bulky goods.
club means a building used as the premises of a club registered under the Registered Clubs Act 1976.
cluster housing means the erection on a single allotment of land of 3 or more detached dwelling-houses.
community facility means—
(a) a children’s playground,
(b) a place used for sporting activities or sporting facilities,
(c) a place used to provide recreational facilities for the physical, cultural, social or intellectual welfare of the community or a group within the community, being facilities provided by a public authority or a body of persons associated to promote that welfare, or
(d) a building or place used, whether for gain or not, as a room, meeting room or the like by a public authority or a body of persons associated as a non-profit organisation to promote the physical, cultural, social or intellectual welfare of the community or a group within the community,
but does not include a club, racecourse or showground.
concessional allotment means—
(a) an allotment excised in accordance with clause 11 (2) or (3) of Interim Development Order No 1—Shire of Shoalhaven from land within the meaning of clause 11 (6) of that Order, or
(b) an allotment of between 2 and 40 hectares lawfully created under clause 11 (4) (a) of this plan as in force immediately before the commencement of City of Shoalhaven Local Environmental Plan 1985 (Amendment No 127), or
(c) an allotment of between 1 and 2 hectares lawfully created under clause 11 (4) (b) of this plan as in force immediately before the commencement of City of Shoalhaven Local Environmental Plan 1985 (Amendment No 127), or
(d) an allotment of between 4,000 square metres and less than 40 hectares lawfully created under clause 11 (4) (c) of this plan as in force immediately before the commencement of City of Shoalhaven Local Environmental Plan 1985 (Amendment No 127), or
(e) an allotment or portion for which development consent for a dwelling-house was obtained under clause 14 (2) (g) of this plan as in force immediately before the commencement of City of Shoalhaven Local Environmental Plan 1985 (Amendment No 127), being a consent that is current.
Council means the Council of the City of Shoalhaven.
dual occupancy development means development that results in 2 dwellings only (whether attached or detached), on a single allotment of land in one of the following forms—
(a) detached dual occupancy—two separate dwelling-houses which have parallel or corresponding architectural features in their building form,
(b) attached dual occupancy—two dwellings which are physically attached and characterised by a continuous roof profile with identical pitch resulting in the appearance of a single dwelling-house.
extractive material means sand, gravel, clay, soil, rock, stone or similar substances, but excludes turf and any sand, soil or other material remaining attached to turf after extraction of turf is carried out.
health services facility has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.
home activity means any activity carried out for either paid or unpaid employment purposes—
(a) in a dwelling or dwelling-house, or
(b) from a building, or area, within the curtilage of a dwelling-house, or
(c) from an outbuilding, or area, on a property in a rural location, or
(d) on land adjoining, and under the same ownership as, land on which such a dwelling, dwelling-house, building, outbuilding or area is situated,
if the dominant use of the premises or land is for domestic purposes, the activity is carried out by a resident of the premises or land and the activity does not involve the use of the premises or land for the purposes of use as sexual service premises.
identified land use for a site means a land use that is not specified as being allowed in the Table to clause 9 but which is consistent with the objectives of this plan and any relevant State environmental planning policy and regional environmental plan and which is identified by the Council as suitable due to the circumstances of the site.
intensive animal husbandry means an activity carried out within a building or on land involving the keeping or nurturing of cattle, goats, horses, poultry, sheep or other livestock for commercial purposes by predominantly supplementary feeding methods and, without limiting the generality of the foregoing, includes the use of a building or land for the purpose of—
(a) feed lots,
(b) piggeries, or
(c) poultry farms,
but does not include the use of a building or land for the purposes of an animal boarding establishment or for the keeping of livestock or poultry intended solely for personal consumption or enjoyment by the owner or occupier of th
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