Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
This Plan sets the land‑use rules for land shown on its Land Application Map in Shoalhaven: it replaces prior local environmental plans for that land, makes the Council the consent authority, and records statutory aims such as arts protection, resource management and risk reduction. Mechanically it prescribes parcel‑specific permitted uses and conditions (Schedule 1), a local control on distribution premises (cl 7.32), an affordable‑housing requirement for a specified Ulladulla site (cl 7.33), and a power to suspend private covenants to allow development (cl 1.9A).
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Direct links to the current provisions in Shoalhaven Local Environmental Plan 2014.
Part 1 Preliminary
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
RU4 Primary Production Small Lots
RU5 Village
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
W3 Working Waterways
W4 Working Waterfront
cl 2.1: Am 2022 (857), Sch 1.5[1]; 2024 (42), Sch 1.36[1] [2].
Land Use Table
Note—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
State Environmental Planning Policy (Primary Production) 2021, Chapter 2
Land Use tbl: Am 2015 (692), Sch 1 [1]; 2015 (788), Sch 1 [1] [2]; 2016 (168), Sch 1 [2] [5]; 2016 No 27, Sch 2.44; 2016 (525), Sch 1 [1]; 2017 (493), Sch 1.1 [1] [2]; 2018 (46), Sch 1 [1]; 2018 (403), cl 4; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 No 1, Sch 2.28; 2019 (481), cl 5 (1); 2019 (482), Sch 1 [2] [3]; 2021 (714), Sch 10.16; 2022 (297), Sch 1[1] [2]; 2022 (314), Sch 1; 2022 (857), Sch 1.5[2]; 2023 (458), Sch 2.70[1] [2]; 2024 (42), Sch 1.36[3].
Zone RU1 Primary Production
Zone RU2 Rural Landscape
Zone RU3 Forestry
Zone RU4 Primary Production Small Lots
Zone RU5 Village
Zone R1 General Residential
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone R5 Large Lot Residential
Zone E1 Local Centre
Zone E2 Commercial Centre
Zone E3 Productivity Support
Zone E4 General Industrial
Zone MU1 Mixed Use
Zone SP1 Special Activities
Zone SP2 Infrastructure
Zone SP3 Tourist
Zone RE1 Public Recreation
Zone RE2 Private Recreation
Zone C1 National Parks and Nature Reserves
Zone C2 Environmental Conservation
Zone C3 Environmental Management
Zone C4 Environmental Living
Zone W1 Natural Waterways
Zone W2 Recreational Waterways
Zone W3 Working Waterways
Zone W4 Working Waterfront
3 Permitted with consent
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Aquaculture; Artisan food and drink industries; Boat building and repair facilities; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Crematoria; Depots; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Educational establishments; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Flood mitigation works; Food and drink premises; Group homes; Helipads; Home-based child care; Home businesses; Home industries; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Marinas; Markets; Mooring pens; Moorings; Offensive industries; Open cut mining; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Roads; Roadside stalls; Rural industries; Rural workers’ dwellings; Tourist and visitor accommodation; Veterinary hospitals; Water recreation structures; Water supply systems
4 Prohibited
Hotel or motel accommodation; Pubs; Serviced apartments; Any other development not specified in item 2 or 3
Part 3 Exempt and complying development
Part 4 Principal development standards
Part 5 Miscellaneous provisions
5.1 Relevant acquisition authority
(1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note.
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
| Type of land shown on Map | Authority of the State | | Zone RE1 Public Recreation and marked “Local open space” | Council | | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act | | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW | | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 | | Zone RU1 Primary Production and marked “Local road” | Council | | Zone R1 General Residential and marked “Local road” | Council | | Zone R2 Low Density Residential and marked “Local road” | Council | | Zone E2 Commercial Centre and marked “Local road” | Council | | Zone MU1 Mixed Use and marked “Local road” | Council | | Zone RE1 Public Recreation and marked “Local road” | Council | | Zone SP2 Infrastructure and marked “Car park” | Council | | Zone C2 Environmental Conservation and marked “Coastal lands acquisition” | The corporation constituted under section 8 of the Act |
(3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
cl 5.1: Am 2022 (857), Sch 1.5[4] [7] [8].
Part 6 Urban release areas
6.1 (Repealed)
Part 7 Additional local provisions
7.1 Acid sulfate soils
(1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.
(2) Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.
| Class of land | Works | | 1 | Any works. | | 2 | Works below the natural ground surface.Works by which the watertable is likely to be lowered. | | 3 | Works more than 1 metre below the natural ground surface.Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface. | | 4 | Works more than 2 metres below the natural ground surface.Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface. | | 5 | Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land. |
(3) Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.
(4) Despite subclause (2), development consent is not required under this clause for the carrying out of works if—
(a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and
(b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.
(5) Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—
(a) emergency work, being the repair or replacement of the works of the public authority, required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,
(b) routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),
(c) minor work, being work that costs less than $20,000 (other than drainage work).
(6) Despite subclause (2), development consent is not required under this clause to carry out any works if—
(a) the works involve the disturbance of less than 1 tonne of soil, and
(b) the works are not likely to lower the watertable.
Schedule 1 Additional permitted uses
(Clause 2.5)
sch 1: Am 2014 (597), cl 5; 2017 (536), cl 5; 2018 (488), Sch 1.2; 2018 (588), cl 5; 2019 (482), Sch 1 [10] [11]; 2020 (695), cl 5; 2022 (371), cl 4(2); 2022 (627), cl 5; 2022 (740), cl 5; 2022 (857), Sch 1.5[3] [18] [19] (am 2023 (82), Sch 1.6[8]–[11]); 2023 (19), cl 5; 2024 (41), Sch 1; 2024 (426), Sch 1.
8 Use of certain land at Windward Way, Milton
(1) This clause applies to land identified as “Sch 1.12” on the Clauses Map, being Lot 1, DP 780801 and Lot 1, DP 737576, Windward Way, Milton.
(2) Development for the purpose of seniors housing is permitted with development consent, but only if the consent authority is satisfied of the following—
(a) any public utility infrastructure that is essential for the development is available or that adequate arrangements have been made to make that infrastructure available when required,
(b) a traffic study has been prepared to assess the impact of the development on the Princes Highway and the local road network.
9 Use of certain land in Maisie Williams Drive, Mollymook
(1) This clause applies to land identified as “Sch 1.13” on the Clauses Map, being Lot 621, DP 804355, Maisie Williams Drive, Mollymook.
(2) Development for the purposes of dwelling houses or dual occupancies is permitted with development consent.
10 Use of certain land in the Nowra-Bomaderry Urban Release Area
(1) This clause applies to land identified as “Sch 1.5” on the Clauses Map, being land that is in the Nowra-Bomaderry Urban Release Area.
(2) Development for the purposes of office premises and service stations is permitted with development consent.
11 Use of certain land at 96 Albatross Road, South Nowra
(1) This clause applies to land identified as “Sch 1.11” on the Clauses Map, being Lot 460, DP 1062117, 96 Albatross Road, South Nowra.
(2) Development for the purposes of registered clubs and tourist and visitor accommodation is permitted with development consent.
11A Use of certain land at Wandra and Advance Roads, Verons Estate, Sussex Inlet
(1) This clause applies to land identified as “Sch 1.18” on the Clauses Map, being part of Lots 1–19, DP 9897, Wandra and Advance Roads, Verons Estate, Sussex Inlet.
(2) Development for the purposes of extensive agriculture is permitted with development consent.
12 Use of certain land at 188 Camden Street, Ulladulla
(1) This clause applies to land identified as “Sch 1.14” on the Clauses Map, being Lot 1, DP 1137716, 188 Camden Street, Ulladulla.
(2) Development for the purpose of aquaculture (including pond-based aquaculture) is permitted with development consent.
13 (Repealed)
14 Use of certain land at Yalwal Road, West Nowra
(1) This clause applies to land identified as “Sch 1.3” on the Clauses Map, being Lot 432, DP 723151, Yalwal Road, West Nowra.
(2) Development for the purpose of Aboriginal community housing to a total of 16 dwellings is permitted with development consent.
15 Use of certain land at Wollumboola
(1) This clause applies to land identified as “Sch 1.17” on the Clauses Map, being Lot 1, DP 1151723, Wollumboola.
(2) Development for the purpose of a camping ground is permitted with development consent.
16 Use of certain land at Braidwood Road and Yerriyong Road, Yerriyong
(1) This clause applies to the land identified as “Sch 1.16” on the Clauses Map, being Lot 7309, DP 1148878, Braidwood Road, Yerriyong, and Lot 7308, DP 1147573 that is in Zone SP2 Infrastructure at Yerriyong Road, Yerriyong.
(2) Development for the purpose of recreation facilities (major), being a motor sports facility, is permitted with development consent.
17 Use of certain land at Yerriyong Lane, Yerriyong
(1) This clause applies to the land identified as “Sch 1.4” on the Clauses Map, being land at Yerriyong Lane, Yerriyong, in the vicinity of HMAS Albatross.
(2) Development for the purposes of car parks, garden centres, horticulture, landscaping material supplies and light industries is permitted with development consent.
18 Use of certain land at 5C Creston Grove, Bomaderry
(1) This clause applies to land identified as “Sch 1.20” on the Clauses Map, being Lot 393, DP 1144727, 5C Creston Grove, Bomaderry.
(2) Development for the purposes of vehicle sales or hire premises only is permitted with development consent.
Note.
The development referred to in this subclause does not include, for example, any ancillary industrial activity such as the repair of, or fitting of accessories to, motor vehicles, caravans, boats, trailers, agricultural machinery and the like.
(3) Subclause (2) does not apply to a development application lodged more than 12 months after the commencement of Shoalhaven Local Environmental Plan 2014 (Amendment No 14).
(4) Development consent must not be granted under subclause (2) unless the consent authority is satisfied that development work will physically commence on the land within 12 months after the date the consent is granted.
19 Use of certain land at 9 Browns Road, South Nowra
(1) This clause applies to land identified as “Sch 1.19” on the Clauses Map, being Lot 1, DP 1079345, 9 Browns Road, South Nowra.
(2) Development for the purpose of caravan parks is permitted with development consent.
20 Use of certain land at Yalwal
(1) This clause applies to land identified as “Sch 1.21” on the Clauses Map, being Lot 1, DP 217080, Lot 1, DP 874512, part of Lots 1, 4 and 5, DP 252335, part of Lot 15, DP 1216343, part of Lot 11, DP 755931 and part of Lot 122, DP 1255641, Yalwal Road, Yalwal.
(2) Development for the purpose of a camping ground is permitted with development consent.
21 Use of certain land at Moss Vale Road, Kangaroo Valley
(1) This clause applies to land at Moss Vale Road, Kangaroo Valley, identified as “Sch 1.22” on the Clauses Map.
(2) Development for the purposes of multi dwelling housing consisting of no more than 6 dwellings is permitted with development consent.
(3) The land may be subdivided under the Strata Schemes Development Act 2015.
22 Use of certain land at Forster Drive, Bawley Point
(1) This clause applies to the following land at Bawley Point identified as “Sch 1.23” on the Clauses Map—
(a) Lot 33, DP 1259627, 123 Forster Drive,
(b) Part Lot 21, DP 1217069, 132 Forster Drive.
(2) Development for the purposes of function centres is permitted with development consent.
23 Use of certain land at Croobyar Road, Milton
(1) This clause applies to land at Croobyar Road, Milton identified as “Sch 1.30” on the Clauses Map.
(2) Development for the purposes of centre-based child care facilities is permitted with development consent.
24 Use of certain land at Nowra, Berry, Greenwell Point and Milton
(1) This clause applies to the following land identified as “Sch 1.25” on the Clauses Map—
(a) Lot 1000, DP 1209457, 90 Kalandar Street, Nowra,
(b) Lot 1, DP 1171713 and Lot 1, DP 578257, Queen Street, Berry,
(c) Lot 1, DP 509922, Greenwell Point Road, Greenwell Point,
(d) Lot 25, DP 789217 and Lot 1, DP 872508, Princes Highway, Milton.
(2) Development for the purposes of registered clubs is permitted with development consent.
25 Use of certain land at 35 Quinns Lane, South Nowra
(1) This clause applies to Lot 7, DP 564180, 35 Quinns Lane, South Nowra identified as “Sch 1.26” on the Clauses Map.
(2) Development for the purposes of freight transport facilities is permitted with development consent.
26 Use of certain land at Bomaderry, Culburra Beach, Nowra, Sanctuary Point, South Nowra and Ulladulla
(1) This clause applies to land identified as “Sch 1.27” on the Clauses Map.
(2) Development for the purposes of retail premises, signage and transport depots is permitted with development consent.
27 Use of certain land at Albatross Aviation Technology Park and Cambewarra
(1) This clause applies to land identified as “Sch 1.28” on the Clauses Map.
(2) Development for the purposes of air transport facilities, airstrips, general industries and helipads is permitted with development consent.
28 Use of certain land at Basin View, Berry, Bomaderry, Culburra Beach, Huskisson, Nowra Hill, South Nowra, Sussex Inlet and Ulladulla
(1) This clause applies to land identified as “Sch 1.29” on the Clauses Map.
(2) Development for the purposes of heavy industries is permitted with development consent.
29 Use of land at 100 St Vincent Street, Ulladulla
(1) This clause applies to Lot 1, DP 610880, 100 St Vincent Street, Ulladulla, identified as “Sch 1.31” on the Clauses Map.
(2) Development for the purposes of group homes (transitional) is permitted with development consent.
30 Use of land at 48–54 Paradise Beach Road, Sanctuary Point
(1) This clause applies to Lot 80, DP 817353 and Lot 921, DP 27856, 48–54 Paradise Beach Road, Sanctuary Point, identified as “Sch 1.32” on the Clauses Map.
(2) Development for the purposes of multi dwelling housing is permitted with consent.
(3) Development consent must not be granted unless—
(a) a development control plan has been prepared for the land, and
(b) the consent authority is satisfied there is an appropriate height transition between the multi dwelling housing and dwellings on adjoining land.
(4) The development control plan must include measures to minimise the following—
(a) overshadowing on adjoining land,
(b) impacts on the visual and acoustic privacy of residents on adjoining land.
Schedule 2 Exempt development
(Clause 3.1)
Note 1.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2.
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
sch 2: Am 2016 (525), Sch 1 [15]; 2019 (482), Sch 1 [12] [13]; 2023 (526), Sch 1[1]–[4]; 2024 (42), Sch 1.36[5].
A-frame signs
(1) Must be located on the footpath adjoining the building to which the sign relates.
(2) Must not be located in a residential, rural or conservation zone unless it relates to a shop.
(3) Maximum 1 sign per premises.
(4) Maximum area of each face of the sign—1m2.
(5) Maximum width—0.75m.
(6) Must not obstruct the movement of pedestrians.
(7) Must be removed at the close of business each day.
Dairies (pasture-based)
(1) Must be on land in Zone RU1 Primary Production or Zone RU2 Rural Landscape.
(2) Must not be on land identified as “Biodiversity—habitat corridor” or “Biodiversity—significant vegetation” on the Terrestrial Biodiversity Map.
(3) Must not be on land identified as “Riparian Land” on the Riparian Lands and Watercourses Map.
(4) Must not be on land identified as “Sensitive Area” on the Natural Resource Sensitivity—Land Map.
(5) Must not be on land identified as “Class 1”, “Class 2”, “Class 3”, “Class 4” or “Class 5” on the Acid Sulfate Soils Map.
Display of goods on footpaths
(1) Must be located on the footpath adjoining the building at which the goods are sold.
(2) Maximum 2 displays per premises.
(3) Maximum height of each display—1.8m.
(4) Maximum width of each display—3m.
(5) Maximum depth of each display—0.8m.
(6) Must be stable and firmly secured.
(7) Must not obstruct the movement of pedestrians.
(8) Must be removed at the close of business each day.
Horticulture
(1) Must be on land in Zone RU1 Primary Production or Zone RU2 Rural Landscape.
(2) Must not be on land identified as “Biodiversity—habitat corridor” or “Biodiversity—significant vegetation” on the Terrestrial Biodiversity Map.
(3) Must not be on land identified as “Riparian Land” on the Riparian Lands and Watercourses Map.
(4) Must not be on land identified as “Sensitive Area” on the Natural Resource Sensitivity—Land Map.
(5) Must not be on land identified as “Class 1”, “Class 2”, “Class 3”, “Class 4” or “Class 5” on the Acid Sulfate Soils Map.
Lighting (external)
(1) Must not be for the lighting of tennis courts or sports fields.
(2) Must not be directed onto adjoining properties or a road.
(3) Must not be directed onto a classified road under the Roads Act 1993.
Private electricity service poles
Must be installed in accordance with the requirements of Endeavour Energy.
Solid fuel heaters (including oil-fired appliances)
(1) Must be tested to comply with AS/NZS 4012:2014, Domestic solid fuel burning appliances—Method for determination of power output and efficiency and AS/NZS 4013:2014, Domestic solid fuel burning appliances—Method for determination of flue gas emission.
(2) Must be installed in accordance with AS/NZS 2918:2018, Domestic solid fuel burning appliances—Installation.
(3) If a boiler or pressure vessel—must be installed in accordance with AS/NZS 1200:2015, Pressure equipment.
(4) Flues and chimneys must not terminate in such a position as to constitute—
(a) a risk of fire to nearby combustibles, or
(b) a risk of penetration of the flue gases through nearby windows or other openings, fresh air inlets, mechanical ventilation inlets or exhausts, or the like.
(5) Flue and chimney heights must be at least 1.0m above the height of any structure or topographical feature within a 15m radius of the chimney with a maximum chimney height of 2m above the ridge of the roof on which it is installed.
Temporary events on public land and public roads and associated temporary structures
(1) For the purposes of development specified for this clause—
event means any event (including, without limitation, a market, exhibition, ceremony, meeting, concert, sporting event or fete) that would, but for this clause, require development consent.
(2) Must take place on land owned by the Council or for which the Council has care, control and management (including Crown land) or a public road for which the Council is the roads authority under the Roads Act 1993.
(3) Must not involve demolition or excavation.
(4) Must not involve overnight accommodation on bushfire prone land.
(5) Must not be conducted for more than 52 days (whether or not consecutive) in any period of 12 months.
Note.
The proposed event may involve activities that require approvals under the Local Government Act 1993 and other legislation. Such activities include the closure of public roads, the erection of temporary structures and activities on public land. Consultation with the Council will assist in identifying any requirements before organising such activities.
Schedule 3 Complying development
(Clause 3.2)
Note.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
sch 4: Am 2017 (349), Sch 1 [1] [2].
Schedule 5 Environmental heritage
(Clause 5.10)
sch 5: Am 2014 No 88, Sch 2.61 [2]; 2015 (788), Sch 1 [3]–[58]; 2018 (46), Sch 1 [2]–[4]; 2020 (104), cl 5; 2020 (401), cl 5; 2021 (98), Sch 1[1]–[246]; 2021 (517), Sch 1[1] [2]; 2022 No 26, Sch 2.28; 2022 (297), Sch 1[8]–[10]; 2023 (526), Sch 1[5] [6]; 2024 (28), Sch 1[3] [4]; 2024 (152), Sch 1; 2024 (619), Sch 1; 2025 (290), Sch 1.
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Division 1 Site location requirements
Division 2 Operational requirements
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1.1 Name of Plan
This Plan is Shoalhaven Local Environmental Plan 2014.
1.1AA Commencement
This Plan commences 14 days after it is published on the NSW legislation website.
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in Shoalhaven in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
(2) The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to encourage the proper management, development and conservation of natural and man-made resources,
(b) to facilitate the social and economic wellbeing of the community,
(c) to ensure that suitable land for beneficial and appropriate uses is made available as required,
(d) to manage appropriate and essential public services, infrastructure and amenities for Shoalhaven,
(e) to minimise the risk of harm to the community through the appropriate management of development and land use.
1.3 Land to which Plan applies
(1) This Plan applies to the land identified on the Land Application Map.
(1A) Despite subclause (1), this Plan does not apply to the land identified as “Deferred matter” on the Land Application Map.
1.4 Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5 Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7 Maps
(1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(1AA) (Repealed)
(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4) For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
1.8 Repeal of planning instruments applying to land
(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
(2) All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
Note.
While the following local environmental plan no longer applies to the land to which this Plan applies, it continues to apply to the land identified as “Deferred matter” under clause 1.3(1A)—
Interim Development Order No 1—Shire of Shoalhaven
Shoalhaven Local Environmental Plan 1985
1.8A Savings provision relating to development applications
(1) If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
Note.
However, under Division 4B of Part 3 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
(2) If a development application has been made before the commencement of Shoalhaven Local Environmental Plan 2014 (Amendment No 35) in relation to land to which that Plan applies and the application has not been finally determined before that commencement, the application must be determined as if that Plan had not commenced.
(3) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.
cl 1.8A: Am 2020 (502), Sch 1[1]; 2023 (609), Sch 1.1[1].
1.8B (Repealed)
cl 1.8B: Rep 2016 (310), Sch 4.24 [1].
1.9 Application of SEPPs
(1) This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
(2) The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
cl 1.9: Am 2016 (310), Sch 4.24 [2].
1.9A Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2) This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
(3) This clause does not affect the rights or interests of any public authority under any registered instrument.
(4) Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2019 (482), Sch 1 [1]; 2019 (621), Sch 5[3] [4].
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
RU4 Primary Production Small Lots
RU5 Village
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
W3 Working Waterways
W4 Working Waterfront
cl 2.1: Am 2022 (857), Sch 1.5[1]; 2024 (42), Sch 1.36[1] [2].
2.2 Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3 Zone objectives and Land Use Table
(1) The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3) In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4) This clause is subject to the other provisions of this Plan.
Notes.
1
Schedule 1 sets out additional permitted uses for particular land.
2
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
3
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4
Clause 2.6 requires consent for subdivision of land.
5
Part 5 contains other provisions which require consent for particular development.
2.4 Unzoned land
(1) Development may be carried out on unzoned land only with development consent.
(2) In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5 Additional permitted uses for particular land
(1) Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2) This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6 Subdivision—consent requirements
(1) Land to which this Plan applies may be subdivided, but only with development consent.
Notes.
(2) Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note.
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
1
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
2.7 Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
2.8 Temporary use of land
(1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
(2) Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not cons
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