Part 1 Introduction

Part 1 Introduction

1 Name of plan

1 Name of plan

This plan is called Tweed Local Environmental Plan 2000.

2 Area covered by this plan

2 Area covered by this plan

This plan applies to all land within the local government area of Tweed except for land shown within the heavy black line and lettered “Excluded land” on the zone map.

3 Relationship to other environmental planning instruments

3 Relationship to other environmental planning instruments

(1) This plan repeals—

(a) Tweed Local Environmental Plan 1987, and

(b) Tweed Local Environmental Plan No 24, and

(c) all other local environmental plans and deemed environmental planning instruments,

but only to the extent that they applied, immediately before the appointed day, to the land to which this plan applies.

(2) Tweed Local Environmental Plan 1987 and Tweed Local Environmental Plan No 24 are both amended by inserting at the end of clause 3 (Land to which plan applies) of each plan the following clause—

(2) This plan does not apply to land to which Tweed Local Environmental Plan 2000 applies.

(3) State Environmental Planning Policy No 4—development without consent is amended—

(a) by inserting at the end of Schedule 1 (Ancillary or incidental development involving acid sulfate soils excepted from clause 10) the following words—

Clause 35 of Tweed Local Environmental Plan 2000

(b) by inserting in alphabetical order of local government area in Schedule 2 (Land excepted from clauses 6–10) the following words—

Tweed local government area

(4) Tweed Local Environmental Plan 1987 is amended by inserting after clause 3 (Land to which plan applies)—

(5) Tweed Local Environmental Plan 1987 is amended by inserting after clause 4 (Relationship to other environmental planning instruments)—

cl 3: Am 2019 (659), Schs 1.37[1], 2.41.

4 Aims of this plan

4 Aims of this plan

The aims of this plan are—

(a) to give effect to the desired outcomes, strategic principles, policies and actions of the Tweed Shire 2000+ Strategic Plan which was adopted, after extensive community consultation, by the Council on 17 December 1996, the vision of which is—

“The management of growth so that the unique natural and developed character of the Tweed Shire is retained, and its economic vitality, ecological integrity and cultural fabric is enhanced”, and

(b) to provide a legal basis for the making of a development control plan that contains more detailed local planning policies and other provisions that provide guidance for future development and land management, such as provisions recommending the following—

(i) that some or all development should be restricted to certain land within a zone,

(ii) that specific development requirements should apply to certain land in a zone or to a certain type of development,

(iii) that certain types or forms of development or activities should be encouraged by the provision of appropriate incentives, and

(c) to give effect to and provide reference to the following strategies and policies adopted by the Council—

Tweed Shire 2000+ Strategy

Pottsville Village Strategy, and

(d) to encourage sustainable economic development of the area of Tweed compatible with the area’s environmental and residential amenity qualities, and

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

cl 4: Am 2007 (157), Sch 1 [1]; 2020 (724), Sch 1.15.

5 Ecologically sustainable development

5 Ecologically sustainable development

An objective of this plan is to promote development that is consistent with the four principles of ecologically sustainable development. These are—

(a) the precautionary principle

namely, that if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.

In the application of the precautionary principle, public and private decisions should be guided by—

(i) careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment, and

(ii) an assessment of the risk-weighted consequences of various options, and

(b) inter-generational equity

namely, that the present generation should ensure that the health, diversity and productivity of the environment are maintained or enhanced for the benefit of future generations, and

(c) conservation of biological diversity and ecological integrity

namely, that conservation of biological diversity and ecological integrity should be a fundamental consideration, and

(d) improved valuation, pricing and incentive mechanisms

namely, that environmental factors should be included in the valuation of assets and services, such as—

(i) polluter pays—that is, those who generate pollution and waste should bear the cost of containment, avoidance or abatement, and

(ii) the users of goods and services should pay prices based on the full life cycle of costs of providing goods and services, including the use of natural resources and assets and the ultimate disposal of any waste, and

(iii) environmental goals, having been established, should be pursued in the most cost effective way, by establishing incentive structures, including market mechanisms, that enable those best placed to maximise benefits or minimise costs to develop their own solutions and responses to environmental problems.

6 Consent authority

6 Consent authority

Subject to the Act, the consent authority for the purposes of this plan is Tweed Shire Council.

7 Interpretation

7 Interpretation

(1) Unless the context or subject-matter indicates otherwise, terms used in this plan have the meanings set out in the Act and Schedule 1.

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

(3) Land to which this plan applies is within a zone specified in Part 1 of Schedule 6 if it is shown on the zone map in the manner specified in that Part in relation to the zone.

(4) A reference on the zone map to “Council Purposes” is taken to be a reference to development for the purpose of Council depots or administrative offices, or both.

(5) A reference to a map is a reference to a map deposited in the office of the Council.

(6) In the event of any inconsistency between the provisions of Part 2 and the provisions of any other Part of this plan, the provisions of the other Part prevail.

(7) Any matter which appears in this plan under the heading “Note” is provided to assist understanding and does not form part of this plan.

8 Consent considerations

8 Consent considerations

(1) The consent authority may grant consent to development (other than development specified in Item 3 of the Table to clause 11) only if—

(a) it is satisfied that the development is consistent with the primary objective of the zone within which it is located, and

(b) it has considered those other aims and objectives of this plan that are relevant to the development, and

(c) it is satisfied that the development would not have an unacceptable cumulative impact on the community, locality or catchment that will be affected by its being carried out or on the area of Tweed as a whole.

(2) The consent authority may grant consent to development specified in Item 3 of the Table to clause 11 only if the applicant demonstrates to the satisfaction of the consent authority that—

(a) the development is necessary for any one of the following reasons—

(i) it needs to be in the locality in which it is proposed to be carried out due to the nature, function or service catchment of the development,

(ii) it meets an identified urgent community need,

(iii) it comprises a major employment generator, and

(b) there is no other appropriate site on which the development is permitted with consent development in reasonable proximity, and

(c) the development will be generally consistent with the scale and character of existing and future lawful development in the immediate area, and

(d) the development would be consistent with the aims of this plan and at least one of the objectives of the zone within which it is proposed to be located.

(3) (Repealed)

cl 8: Am 2021 (716), Sch 1.50[1] [2].

Part 2 Provisions applying to particular zones

Part 2 Provisions applying to particular zones

9 Exempt development

9 Exempt development

(1) Development of minimal environmental impact listed in Section A10—Exempt and Complying Development of Tweed Development Control Plan, is exempt development despite any other provisions of this plan.

(2) Despite subclause (1), development proposed to be carried out on the following land is not exempt development—

(a) land that is critical habitat or on which, as a result of carrying out the development, there is likely to be a significant effect on threatened species, populations or ecological communities or their habitats (within the meaning of the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994), or

(b) land that is within a wilderness area (under the Wilderness Act 1987), or

(c) land that—

(i) is listed as the site of a heritage item in Schedule 2, or

(ii) is subject to an order under the Heritage Act 1977, or

(iii) is an Aboriginal place under the National Parks and Wildlife Act 1974, or

(iv) is reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or

(d) land in a heritage conservation area if the proposed development will be visible from a public place.

cl 9: Am 23.4.2004; 11.2.2005; 2007 (157), Sch 1 [2]; 2019 (621), Sch 2.38[1].

10 Complying development

10 Complying development

(1) Development listed in Section A10—Exempt and Complying Development of Tweed Development Control Plan, is complying development if—

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

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

(2) Despite subclause (1), development is complying development only if it—

(a) meets the applicable requirements in Section A10—Exempt and Complying Development of Tweed Development Control Plan, and

(b) is not subject to a provision in Part 5, 6, 7, 8 or 11 of this plan that requires the consent authority to be satisfied as to certain matters specified in this plan before consent may be granted for it, and

(c) is not carried out on land that—

(i) is critical habitat (within the meaning of the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994), or

(ii) is within a wilderness area (under the Wilderness Act 1987), or

(iii) is subject to an order under the Heritage Act 1977, or

(iv) is an Aboriginal place under the National Parks and Wildlife Act 1974, or

(v) is land identified as “coastal wetlands” or “littoral rainforest” on the Coastal Wetlands and Littoral Rainforests Area Map, within the meaning of State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 2, or

(vi) (Repealed)

(vii) is listed as the site of a heritage item in Schedule 2 or is in a heritage conservation area, or

(viii) is identified, on a register or map kept by the Council and available for inspection at the office of the Council, as being below the 1:100 year flood level, contaminated, within a buffer area, subject to subsidence, slip or erosion, or in an area having significant bushfire hazard risk, or

(ix) has previously been used as a service station, for intensive agriculture, mining or extractive industries or sheep or cattle dips, for the manufacture of chemicals, or for the storage of hazardous chemicals, or

(x) is within an aquatic reserve declared under the Fisheries Management Act 1994, or

(xi) is reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna or geological formations or for other environmental protection purposes.

(3) A complying development certificate is subject to the conditions for the development set out in Section A10—Exempt and Complying Development of Tweed Development Control Plan adopted by the Council, as in force when the certificate is issued.

cl 10: Am 23.4.2004; 15.10.2004; 11.2.2005; 2007 (157), Sch 1 [3] [4]; 2018 (106), Sch 2.23 [1]; 2019 (621), Sch 2.38[2]; 2022 (72), Sch 1.60[1].

11 The zones

11 The zones

The following Table sets out the objectives of the zones and the development that is allowed without consent or only with consent, or that is prohibited, within them—

Table

Zone 1 (a) Rural

Zone objectives

Primary objectives

• to enable the ecologically sustainable development of land that is suitable primarily for agricultural or natural resource utilisation purposes and associated development.

• to protect rural character and amenity.

Secondary objectives

• to enable other types of development that rely on the rural or natural values of the land such as agri- and eco-tourism.

• to provide for development that is not suitable in or near urban areas.

• to prevent the unnecessary fragmentation or development of land which may be needed for long-term urban expansion.

• to provide non-urban breaks between settlements to give a physical and community identity to each settlement.

Development within the zone

In Zone 1 (a) development for the purpose of the following is—

Item 1 allowed without consent—

• agriculture

• environmental facilities

• forestry

Item 2 allowed only with consent—

• bed and breakfast

• dwelling houses if each is on an allotment of at least 40 hectares or on an allotment referred to in clause 57

• multi-dwelling housing if—

(a) not more than two dwellings are involved, and

(b) they are attached, and

(c) they are on an allotment of at least 40 hectares or an allotment referred to in clause 57

• any other buildings, works, places or land uses not included in Item 1, 3 or 4

Item 3 allowed only with consent and must satisfy the provisions of clause 8 (2)

| • boat repair and servicing facilities | • boating facilities | | • car parks | • caravan parks (other than camping grounds) if connected to a reticulated sewerage system | | • child care centres | • clubs | | • educational establishments | • helipads | | • heliports | • hospitals | | • hotels | • housing for older people or people with disabilities | | • institutions | • junkyards | | • light industries | • marinas | | • markets | • motels | | • offensive or hazardous industries | • places of assembly | | • places of public worship | • public buildings | | • service stations | • storage units | | • transport terminals (other than airline terminals) | |

Item 4 prohibited—

| • airline terminals | • boarding-houses | | • boat showrooms | • brothels | | • bulky goods retailing | • car repair stations | | • caravan parks (other than camping grounds) if not connected to a reticulated sewerage system | • commercial premises | | • display homes | • dwelling houses not included in Item 2 | | • industries (other than home industries, light industries, offensive or hazardous industries, rural industries or industries directly associated with or dependent on extractive industries) | • integrated housing | | • manufactured home estates | • motor showrooms | | • multi-dwelling housing not included in Item 2 | • professional consulting rooms | | • restricted premises | • roadside stalls if requiring direct access to an RTA classified road | | • shops (other than general stores) | |

Zone 1 (b) Agricultural Protection

Zone objectives

Primary objective

• to protect identified prime agricultural land from fragmentation and the economic pressure of competing land uses.

Secondary objective

• to allow other development that is compatible with agricultural activities.

Development within the zone

In Zone 1 (b) development for the purpose of the following is—

Item 1 allowed without consent

• agriculture

• forestry

Item 2 allowed only with consent

• bed and breakfast

• dwelling houses if each is on an allotment of—

(a) at least 10 hectares, where on land shown lettered “1 (b1)” on the zone map, or

(b) at least 40 hectares, where on land shown lettered “1 (b2)” on the zone map, or on an allotment referred to in clause 57

• multi-dwelling housing if—

(a) not more than two dwellings are involved, and

(b) they are attached, and

(c) they are on allotment of—

(i) at least 10 hectares, where on land shown lettered “1 (b1)” on the zone map, or

(ii) 40 hectares, where on land shown lettered “1 (b2)” on the zone map, or on an allotment referred to in clause 57

• any other buildings, works, places or land uses not included in Item 1, 3 or 4

Item 3 allowed only with consent and must satisfy the provisions of clause 8 (2)—

| • emergency service facilities | • extractive industries | | • generating works | • recreation areas | | • retail plant nurseries | • road transport terminals | | • stock and sale yards | • utility installations being gas holders or generating works |

Item 4 prohibited—

| • abattoirs | • airline terminals | | • boarding-houses | • boat repair and servicing facilities | | • boat showrooms | • boating facilities | | • brothels | • bulk stores | | • bulky goods retailing | • bus depots | | • bus stations | • camping grounds | | • car parks | • car repair stations | | • caravan parks | • child care centres | | • clubs | • commercial premises | | • community buildings | • cruise craft docks | | • depots | • display homes | | • dwelling houses not included in Item 2 | • educational establishments | | • general stores | • helipads | | • heliports | • hospitals | | • hotels | • housing for older people or people with disabilities | | • industries (other than home industries or rural industries) | • institutions | | • integrated housing | • junkyards | | • light industries | • liquid fuel depots | | • manufactured home estates | • marinas | | • markets | • mines | | • motels | • motor showrooms | | • multi-dwelling housing not included in Item 2 | • offensive or hazardous industries | | • outdoor eating areas | • places of assembly | | • places of public worship | • professional consulting rooms | | • public buildings | • recreation areas | | • recreation establishments | • recreation facilities | | • recreation vehicle areas | • refreshment rooms | | • respite care centres | • restricted premises | | • roadside stalls if requiring direct access to an RTA classified road | • sawmills | | • service stations | • shops (other than general stores) | | • storage units | • tourist accommodation | | • tourist facilities | • tourist resorts | | • transport terminals | • warehouses |

Zone 1 (c) Rural Living

Zone objectives

Primary objectives

• to enable rural residential development in selected areas possessing particular environmental and servicing attributes which do not compromise the viability of rural activities on land in the vicinity, do not detract from the quality of the rural and natural environment and do not create unreasonable or uneconomic demands, or both, for the provision or extension of public amenities or services.

• to provide rural residential development of a design integration, quality and scale compatible with, and making a positive contribution to, the character of the rural area in the vicinity.

Secondary objective

• to enable other development that is compatible with rural residential development.

Development within the zone

In Zone 1 (c) development for the purpose of the following is—

Item 1 allowed without consent—

• environmental facilities

Item 2 allowed only with consent—

• bed and breakfast

• dwelling houses if each is on an allotment that complies with clause 21 or an allotment referred to in clause 57

• multi-dwelling housing if—

(a) not more than two dwellings are involved, and

(b) they are attached, and

(c) they are on an allotment that complies with clause 21 or an allotment referred to in clause 57

• educational establishments

• any other buildings, works, places or land uses not included in Item 1, 3 or 4

Item 3 allowed only with consent and must satisfy the provisions of clause 8 (2)—

| • bus depots | • bus stations | | • car parks | • depots | | • generating works | • helipads | | • places of assembly | • places of public worship | | • public buildings | • recreation establishments | | • recreation facilities | • retail plant nurseries | | • road transport terminals | • rural industries | | • utility installations being gas holders or generating works | |

Item 4 prohibited—

| • abattoirs | • airline terminals | | • animal establishments | • boarding-houses | | • boat repair and servicing facilities | • boat showrooms | | • boating facilities | • brothels | | • bulk stores | • bulky goods retailing | | • camping grounds | • car repair stations | | • caravan parks | • clubs | | • commercial premises | • cruise craft docks | | • depots | • display homes if adjoining an RTA classified road | | • dwelling houses not included in Item 2 | • extractive industries | | • forestry | • heliports | | • hospitals | • hotels | | • housing for older people or people with disabilities | • industries (other than home industries or rural industries) | | • institutions | • integrated housing | | • junkyards | • light industries | | • liquid fuel depots | • manufactured home estates | | • marinas | • markets | | • mines | • motels | | • motor showrooms | • multi-dwelling housing not included in Item 2 | | • offensive or hazardous industries | • outdoor eating areas | | • professional consulting rooms | • recreation vehicle areas | | • refreshment rooms | • restricted premises | | • road transport terminals | • roadside stalls if requiring access to an RTA classified road | | • rural tourist facilities | • rural workers’ dwellings | | • sawmills | • service stations | | • shops | • stock and sale yards | | • storage units | • tourist accommodation | | • tourist facilities | • tourist resorts | | • transport terminals | • warehouses |

Zone 2 (a) Low Density Residential

Zone objectives

Primary objectives

In the case of land within Zone 2 (a) between the Tweed Heads Bypass and Cobaki Bridge—

• to minimise the number of dwellings subject to unacceptable aircraft noise and to limit development within the Kennedy Drive traffic catchment so that development is compatible with Kennedy Drive traffic capacity.

In the case of all other land within Zone 2 (a)—

• to provide for and maintain a low density residential environment with a predominantly detached housing character and amenity.

Secondary objectives

• to allow some diversity of housing types provided it achieves good urban design outcomes and the density, scale and height is compatible with the primary objective.

• to allow for non-residential development that is domestically based, or services the local needs of the community, and does not detract from the primary objective of the zone.

Development within the zone

In Zone 2 (a) development for the purpose of the following is—

Item 1 allowed without consent—

• environmental facilities

Item 2 allowed only with consent—

• bed and breakfast

• dwelling houses if each is on an allotment of at least 450m2

• integrated housing if at a density of not greater than—

(a) one dwelling per 450m2 of site area, or

(b) one dwelling per 250m2 of site area where the site is within 300 metres distance of a business centre as indicated on the Business Centres Map

• multi-dwelling housing

• utility installations except gas holders or generating works

• any other buildings, works, places or land uses not included in Item 1, 3 or 4

Item 3 allowed only with consent and must satisfy the provisions of clause 8 (2)—

| • boarding-houses | • boat repair and servicing facilities | | • boating facilities | • clubs | | • cruise craft docks | • helipads | | • hotels | • marinas | | • recreation facilities | |

Item 4 prohibited

| • abattoirs | • agriculture | | • airline terminals | • animal establishments | | • boat showrooms | • brothels | | • bulk stores | • bulky goods retailing | | • camping grounds | • car repair stations | | • caravan parks | • commercial premises | | • depots | • display homes if adjoining an RTA classified road | | • extractive industries | • forestry | | • heliports | • industries (other than home industries) | | • institutions | • integrated housing not included in Item 2 | | • junkyards | • light industries | | • liquid fuel depots | • markets | | • mines | • motels | | • motor showrooms | | | • offensive or hazardous industries | • outdoor eating areas | | • recreation establishments | • recreation vehicle areas | | • refreshment rooms | • restricted premises | | • retail plant nurseries | • road transport terminals | | • roadside stalls | • rural industries | | • rural tourist facilities | • rural workers’ dwellings | | • sawmills | • service stations | | • shops (other than general stores) | • stock and sale yards | | • storage units | • tourist accommodation | | • tourist facilities | • tourist resorts | | • transport terminals | • utility installations being gas holders or generating works | | • warehouses | |

Zone 2 (b) Medium Density Residential

Zone objectives

Primary objective

• to provide for and encourage development for the purpose of medium density housing (and high density housing in proximity to the Tweed Heads sub-regional centre) that achieves good urban design outcomes.

Secondary objectives

• to allow for non-residential development which supports the residential use of the locality.

• to allow for tourist accommodation that is compatible with the character of the surrounding locality.

• to discourage the under-utilisation of land for residential purposes, particularly close to the Tweed Heads sub-regional centre.

Development within the zone

In Zone 2 (b) development for the purpose of the following is—

Item 1 allowed without consent—

• environmental facilities

Item 2 allowed only with consent—

• bed and breakfast

• any other buildings, works, places or land uses not included in Item 1, 3 or 4

Item 3 allowed only with consent and must satisfy the provisions of clause 8 (2)—

| • clubs | • cruise craft docks | | • hospitals | • hotels | | • manufactured home estates | • marinas | | • outdoor eating areas | • refreshment rooms | | • road transport terminals | • tourist accommodation | | • tourist facilities | |

Item 4 prohibited—

| • abattoirs | • agriculture | | • airline terminals | • animal establishments | | • boat repair and servicing facilities | • boat showrooms | | • boating facilities | • brothels | | • bulk stores | • bulky goods retailing | | • camping grounds | • car repair stations | | • caravan parks | • commercial premises | | • depots | • extractive industries | | • forestry | • generating works | | • helipads | • heliports | | • industries (other than home industries) | • institutions | | • junkyards | • light industries | | • liquid fuel depots | • markets | | • mines | • motor showrooms | | • offensive or hazardous industries | • recreation establishments | | • recreation facilities | • recreation vehicle areas | | • restricted premises | • retail plant nurseries | | • roadside stalls | • rural industries | | • rural tourist facilities | • rural workers’ dwellings | | • sawmills | • service stations | | • shops (other than general stores) | • stock and sale yards | | • storage units | • tourist resorts | | • transport terminals | • warehouses |

Zone 2 (c) Urban Expansion

Zone objectives

Primary objectives

• to identify land for urban expansion (which will comprise mainly residential development focused on multi-use neighbourhood centres) and to ensure its optimum utilisation consistent with environmental constraints and the need to minimise residential landtake.

Secondary objectives

• to allow associated non-residential development which meets the recreation, shopping, commercial, employment and social needs of future residents.

• to ensure that sensitive environmental areas within and outside the zone are protected from any adverse impacts of development.

• to enable planning flexibility to achieve the other objectives of the zone by means of detailed guidelines in a development control plan.

Development within the zone

In Zone 2 (c) development for the purpose of the following is—

Item 1 allowed without consent—

• environmental facilities

Item 2 allowed only with consent—

• bed and breakfast

• dwelling houses if each is on an allotment of at least 450m2

• any other buildings, works, places or land uses not included in Item 1, 3 or 4

Item 3 allowed only with consent and must satisfy the provisions of clause 8 (2)—

| • agriculture | • extractive industries | | • helipads | • liquid fuel depots | | • recreation establishments | • recreation vehicle areas | | • roadside stalls | • road transport terminals | | • rural workers’ dwellings | • utility installations being gas holders or generating works |

Item 4 prohibited—

| • abattoirs | • airline terminals | | • animal establishments | • brothels | | • display homes if adjoining an RTA classified road | • forestry | | • heliports | • industries (other than home industries or light industries) | | • institutions | • junkyards | | • mines | • offensive or hazardous industries | | • restricted premises | • rural industries | | • rural tourist facilities | • sawmills | | • stock and sale yards | • transport terminals (other than bus depots, bus stations or road transport terminals) |

Zone 2 (d) Village

Zone objectives

Primary objective

• to provide for residential development and a full range of services and facilities traditionally associated with a rural village which is of a design and scale that makes a positive contribution to the character of the village.

Development within the zone

In Zone 2 (d) development for the purpose of the following is—

Item 1 allowed without consent—

• environmental facilities

Item 2 allowed only with consent—

• bed and breakfast

• dwelling houses if each is on an allotment of at least 450m2

• rural workers’ dwellings

• any other buildings, works, places or land uses not included in Item 1, 3 or 4

Item 3 allowed only with consent and must satisfy the provisions of clause 8 (2)—

| • forestry | • helipads | | • sawmills | • stock and sale yards |

Item 4 prohibited—

| • abattoirs | • airline terminals | | • animal establishments | • brothels | | • display homes if adjoining an RTA classified road | • extractive industries | | • heliports | • junkyards | | • liquid fuel depots | • mines | | • offensive or hazardous industries | • recreation vehicle areas | | • restricted premises | • tourist resorts |

Zone 2 (e) Residential Tourist

Zone objectives

Primary objective

• to encourage the provision of family-oriented tourist accommodation and related facilities and services in association with residential development including a variety of forms of low and medium density housing and associated tourist facilities such as hotels, motels, refreshment rooms, holiday cabins, camping grounds, caravan parks and compatible commercial services which will provide short-term accommodation and day tourist facilities.

Secondary objective

• to permit other development which has an association with a residential/tourist environment and is unlikely to adversely affect the residential amenity or place demands on services beyond the level reasonably required for residential use.

Development within the zone

In Zone 2 (e) development for the purpose of the following is—

Item 1 allowed without consent—

• environmental facilities

Item 2 allowed only with consent—

• bed and breakfast

• any other buildings, works, places or land uses not included in Item 1, 3 or 4

Item 3 allowed only with consent and must satisfy the provisions of clause 8 (2)—

| • boat repair and servicing facilities | • bulk stores | | • bus depots | • car repair stations | | • helipads | • heliports | | • light industries | • recreation establishments |

Item 4 prohibited—

| • abattoirs | • agriculture | | • animal establishments | • boat showrooms | | • brothels | • bulky goods retailing | | • depots | • dwelling houses if each is on an allotment of less than 450m2 | | • extractive industries | • forestry | | • industries (other than home industries or light industries) | • institutions | | • junkyards | • liquid fuel depots | | • mines | • motor showrooms | | • offensive or hazardous industries | • recreation vehicle areas | | • restricted premises | • roadside stalls | | • rural industries | • rural tourist facilities | | • rural workers’ dwellings | • sawmills | | • stock and sale yards | • storage units | | • transport terminals (other than bus depots or bus stations) | • warehouses |

Zone 2 (f) Tourism

Zone objectives

Primary objectives

• to encourage integrated tourist development and uses associated with, ancillary to or supportive of the tourist development, including retailing and service facilities, where such facilities are an integral part of the tourist development and are of a scale appropriate to the needs of that development.

• to ensure that prime sites are developed for the best use and fulfil their economic and employment generating potential for the area.

Secondary objective

• to permit high quality residential development as being integral and supportive of the primary intent of this zone (tourist orientated development) in terms of design and management structure and only at a scale which enhances the proposed tourist resort character.

Development within the zone

In Zone 2 (f) development for the purpose of the following is—

Item 1 allowed without consent—

• environmental facilities

Item 2 allowed only with consent—

• bed and breakfast

• dwelling house if for a caretaker

• any other buildings, works, places or land uses not included in Item 1, 3 or 4

Item 3 allowed only with consent and must satisfy the provisions of clause 8 (2)—

| • boat repair and servicing facilities | • boat showrooms | | • bulk stores | • bus depots | | • car repair stations | • helipads | | • heliports | • liquid fuel depots |

Item 4 prohibited—

| • abattoirs | • agriculture | | • animal establishments | • brothels | | • bulky goods retailing | • dwelling houses (unless for caretakers) | | • extractive industries | • forestry | | • home industries | • industries (other than light industries) | | • institutions | • junkyards | | • mines | • motor showrooms | | • offensive or hazardous industries | • recreation establishments | | • recreation vehicle areas | • restricted premises | | • retail plant nurseries | • roadside stalls | | • rural industries | • rural tourist facilities | | • rural workers’ dwellings | • sawmills | | • stock and sale yards | • transport terminals (other than bus depots or bus stations) | | • warehouses | |

Zone 3 (a) Sub-regional Business

Zone objectives

Primary objective

• to encourage the development and rejuvenation of the Tweed Heads core business area as a sub-regional centre primarily for tourist, cultural, retail and commercially orientated development, including a choice of accommodation.

Secondary objective

• to encourage upper floor residential and tourist accommodation.

Development within the zone

In Zone 3 (a) development for the purpose of the following is—

Item 1 allowed without consent—

• environmental facilities

Item 2 allowed only with consent—

• bed and breakfast

• boarding-houses if not at street level (other than the entry and the like)

• places of public worship

• tourist accommodation if not at street level (other than the foyer, non-residential facilities and the like)

• any other buildings, works, places or land uses not included in Item 1, 3 or 4

Item 3 allowed only with consent and must satisfy the provisions of clause 8 (2)—

• emergency service facilities

• helipads

• heliports

• housing for older people or people with disabilities

Item 4 prohibited—

| • abattoirs | • agriculture | | • animal establishments | • boat repair and servicing facilities | | • boat showrooms | • brothels | | • bulk stores | • bulky goods retailing | | • camping grounds | • car repair stations | | • caravan parks | • depots | | • display homes (other than those erected at first floor level or above) | • dwelling houses | | • extractive industries | • forestry | | • generating works | • hospitals | | • industries | • institutions | | • integrated housing | • junkyards | | • liquid fuel depots | • manufactured home estates | | • mines | • motor showrooms | | • multi-dwelling housing (unless it is development that is subject to clause 51B) | • offensive or hazardous industries | | • professional consulting rooms | • recreation areas | | • recreation establishments | • recreation vehicle areas | | • restricted premises | • retail plant nurseries | | • roadside stalls | • rural industries | | • rural tourist facilities | • rural workers’ dwellings | | • sawmills | • service stations | | • stock and sale yards | • storage units | | • tourist resorts | • transport terminals (other than airline terminals or bus stations) | | • utility installations being gas holders or generating works | • warehouses |

Zone 3 (b) General Business

Zone objectives

Primary objectives

• to provide business centres in which the community’s shopping, business, welfare and social needs can be met.

• to provide business locations within residential areas, and to ensure that the scale and type of development is compatible with the character and amenity of the surrounding residential areas.

Secondary objectives

• to provide for tourist orientated development.

• to encourage upper floor residential or tourist accommodation.

Development within the zone

In Zone 3 (b) development for the purpose of the following is—

Item 1 allowed without consent—

• environmental facilities

Item 2 allowed only with consent—

• bed and breakfast

• boarding-houses if not at street level (other than the entry and the like)

• housing for older people or people with disabilities if not at street level (other than the entry and the like)

• tourist accommodation if not at street level (other than the entry and the like)

• any other buildings, works, places or land uses not included in Item 1, 3 or 4

Item 3 allowed only with consent and must satisfy the provisions of clause 8 (2)—

| • boat repair and servicing facilities | • bulk stores | | • bulky goods retailing | • car repair stations | | • educational establishments | • helipads | | • hospitals | • warehouses |

Item 4 prohibited—

| • abattoirs | • agriculture | | • animal establishments | • brothels | | • camping grounds | • caravan parks | | • depots | • display homes (other than those erected at first floor level or above) | | • dwelling houses | • extractive industries | | • forestry | • generating works | | • heliports | • industries (other than home industries or light industries) | | • institutions | • integrated housing | | • junkyards | • liquid fuel depots | | • manufactured home estates | • mines | | • multi-dwelling housing (unless it is development that is subject to clause 51B) | • offensive or hazardous industries | | • professional consulting rooms | • recreation areas | | • recreation establishments | • recreation vehicle areas | | • restricted premises | • roadside stalls | | • rural industries | • rural tourist facilities | | • rural workers’ dwellings | • sawmills | | • stock and sale yards | • storage units | | • tourist resorts | • transport terminals (other than airline terminals or bus stations) | | • utility installations being gas holders or generating works | |

Zone 3 (c) Commerce and Trade

Zone objectives

Primary objective

• to provide for commercial, bulky goods retailing, light industrial and trade activities which do not jeopardise the viability or function of the sub-regional or business centres.

Secondary objectives

• to provide for those retailing activities which are not suited to, or desirable in, the other business zones or which serve the needs of the other businesses in the zone.

• to allow for other development that is compatible with the primary function of the zone.

Development within the zone

In Zone 3 (c) development for the purpose of the following is—

Item 1 allowed without consent—

• environmental facilities

Item 2 allowed only with consent—

• bed and breakfast

• any other buildings, works, places or land uses not included in Item 1, 3 or 4

Item 3 allowed only with consent and must satisfy the provisions of clause 8 (2)—

| • educational establishments | • helipads | | • heliports | • institutions | | • junkyards | • liquid fuel depots | | • places of assembly | • places of public worship | | • shops (other than general stores) | |

Item 4 prohibited—

| • abattoirs | • agriculture | | • animal establishments | • boarding-houses | | • brothels | • camping grounds | | • caravan parks | • display homes | | • dwelling houses (unless for caretakers) | • extractive industries | | • forestry | • generating works | | • home businesses | • housing for older people or people with disabilities | | • industries (other than light industries) | • integrated housing | | • manufactured home estates | • markets | | • mines | • motels | | • multi-dwelling housing | • offensive or hazardous industries | | • professional consulting rooms | • recreation areas | | • recreation establishments | • recreation vehicle areas | | • restricted premises | • roadside stalls | | • rural industries | • rural tourist facilities | | • rural workers’ dwellings | • sawmills | | • stock and sale yards | • tourist accommodation | | • tourist resorts | • transport terminals (other than airline terminals, bus depots or bus stations) | | • utility installations being gas holders or generating works | |

Zone 3 (d) Waterfront Enterprise

Zone objectives

Primary objective

• to encourage development related to waterfront and marine activities, recreation or tourism.

Secondary objectives

• to allow for residential development in association with waterfront, tourist or recreational uses.

• to allow for other development that is compatible with the primary function of the zone.

Development within the zone

In Zone 3 (d) development for the purpose of the following is—

Item 1 allowed without consent—

• environmental facilities

Item 2 allowed only with consent—

• bed and breakfast

• any other buildings, works, places or land uses not included in Item 1, 3 or 4

Item 3 allowed only with consent and must satisfy the provisions of clause 8 (2)—

• bulky goods retailing

• educational establishments

• places of public worship

Item 4 prohibited—

| • abattoirs | • agriculture | | • animal establishments | • brothels | | • camping grounds | • car repair stations | | • caravan parks | • extractive industries | | • forestry | • generating works | | • heliports | • hospitals | | • housing for older people or people with disabilities | • industries (other than home industries or those directly associated with waterfront or tourism uses) | | • institutions | • integrated housing | | • junkyards | • liquid fuel depots | | • manufactured home estates | • mines | | • motor showrooms | • multi-dwelling housing (unless located above non-residential ground floor level development) | | • offensive or hazardous industries | • recreation vehicle areas | | • restricted premises | • retail plant nurseries | | • roadside stalls | • rural industries | | • rural tourist facilities | • rural workers’ dwellings | | • sawmills | • stock and sale yards | | • storage units | • tourist accommodation (other than that attached to activities permitted within the zone) | | • tourist resorts (other than those related to water-based activities) | • transport terminals (other than bus depots or bus stations) | | • utility installations being gas holders or generating works | • warehouses |

Zone 3 (e) Special Tourist (Jack Evans Boatharbour)

Zone objectives

Primary objectives

• to provide for tourist orientated commercial, retail, service, residential and waterfront facilities and activities and public buildings which support and are an integral part of the renewal of certain areas in the vicinity of the Jack Evans Boatharbour, but only at a scale which enhances the character of the locality.

• to provide opportunities for public access to all waterfront areas and public landscaped areas within the zone.

Development within the zone

In Zone 3 (e) development for the purpose of the following is—

Item 1 allowed without consent—

• nil

Item 2 allowed only with consent—

• bed and breakfast

• any other buildings, works, places or land uses not included in Item 1, 3 or 4

Item 3 allowed only with consent and must satisfy the provisions of clause 8 (2)—

• nil

Item 4 prohibited—

| • abattoirs | • agriculture | | • animal establishments | • brothels | | • bulk stores | • bus depots | | • camping grounds | • car repair stations | | • caravan parks | • depots | | • display homes (other than those erected above street level) | • dwelling houses | | • extractive industries | • forestry | | • generating works | • heliports | | • housing for older people or people with disabilities | • industries | | • institutions | • integrated housing | | • junkyards | • light industries | | • liquid fuel depots | • manufactured home estates | | • mines | • multi-dwelling housing (unless located above non-residential ground floor level development) | | • offensive or hazardous industries | • recreation vehicle areas | | • restricted premises | • roadside stalls | | • rural industries | • rural tourist facilities | | • rural workers’ dwellings | • sawmills | | • stock and sale yards | • tourist resorts | | • transport terminals (other than bus stations) | • warehouses |

Zone 4 (a) Industrial

Zone objectives

Primary objectives

• to provide land primarily for industrial development.

• to facilitate economic activity and employment generation.

Secondary objective

• to allow non-industrial development which either provides a direct service to industrial activities and their work force, or which, due to its type, nature or scale, is inappropriate to be located in another zone.

Development within the zone

In Zone 4 (a) development for the purpose of the following is—

Item 1 allowed without consent—

• environmental facilities

Item 2 allowed only with consent—

• bed and breakfast

• any other buildings, works, places or land uses not included in Item 1, 3 or 4

Item 3 allowed only with consent and must satisfy the provisions of clause 8 (2)—

| • animal establishments | • bulky goods retailing | | • helipads | • heliports | | • hospitals | • hotels | | • markets | • motor showrooms | | • offensive or hazardous industries | • places of assembly | | • places of public worship | • refreshment rooms | | • retail plant nurseries | |

Item 4 prohibited—

| • abattoirs | • agriculture | | • airline terminals | • boarding-houses | | • boat showrooms | • camping grounds | | • caravan parks | • commercial premises | | • dwelling houses (unless for caretakers) | • educational establishments | | • forestry | • housing for older people or people with disabilities | | • institutions | • integrated housing | | • manufactured home estates | • mines | | • motels | • multi-dwelling housing | | • outdoor eating areas | • professional consulting rooms | | • recreation establishments | • recreation vehicle areas | | • respite care centres | • restricted premises | | • roadside stalls | • rural industries | | • rural tourist facilities | • rural workers’ dwellings | | • shops (other than general stores, takeaway food shops serving the industrial area or shops ancillary or incidental to a lawful use of the land) | • tourist accommodation | | • tourist facilities | • tourist resorts |

Zone 5 (a) Special Uses

Zone objectives

Primary objective

• to identify land which is developed or is proposed to be developed, generally by public bodies, for community facilities and services, roads, railways, utilities and similar things.

Secondary objective

• to provide flexibility in the development of the land, particularly if it is not yet or is no longer required for the relevant special use.

Development within the zone

In Zone 5 (a) development for the purpose of the following is—

Item 1 allowed without consent—

• environmental facilities

• railways if on land indicated by red lettering as “Railway” on the zone map

• roads (including road widening)

• any use authorised by or under the Forestry Act 1916 for the purpose of State forests if on land indicated by red lettering as “Forestry” on the zone map

Item 2 allowed only with consent—

• unless it is allowed without consent under Item 1, the particular use indicated by red lettering on the zone map and any development ordinarily incidental or ancillary to that use

• any use which is compatible with adjacent uses and with uses allowed (with or without consent) in adjacent zones

• public utility undertakings

• utility installations

Item 3 allowed only with consent and must satisfy the provisions of clause 8 (2)—

• nil

Item 4 prohibited—

• any buildings, works, places or land uses not included in Item 1, 2 or 3

Zone 6 (a) Open Space

Zone objectives

Primary objective

• to identify existing public land, and land that is proposed to be acquired for public ownership, to satisfy the open space and recreational needs of local residents and visitors to the area of Tweed and to enable its development to encourage or assist their recreational use and enjoyment of the land.

Secondary objective

• to allow other development that is compatible with the recreational use of the land.

Development within the zone

In Zone 6 (a) development for the purpose of the following is—

Item 1 allowed without consent—

| • any use included in Item 2 or 3 which is specifically authorised by a “plan of management” adopted by the Council under the Local Government Act 1993 and which applies to the land | • beach maintenance | | • environmental facilities | • recreation areas | | • roads | |

Item 2 allowed only with consent—

| • agriculture | • boating facilities | | • bushfire hazard reduction | • car parks | | • community buildings (other than child care centres) | • dwelling houses if for caretakers | | • earthworks | • emergency service facilities | | • forestry | • marinas | | • markets | • outdoor eating areas | | • public buildings | • public utility undertakings | | • recreation facilities | • refreshment rooms | | • tourist facilities | • urban stormwater water quality management facilities | | • utility installations (other than gas holders or generating works) | • works for drainage and landfill |

Item 3 allowed only with consent and must satisfy the provisions of clause 8 (2)—

| • camping grounds | • caravan parks | | • child care centres | • clubs | | • cruise craft docks | • helipads | | • places of assembly | |

Item 4 prohibited—

• any buildings, works, places or land uses not included in Item 1, 2 or 3

Zone 6 (b) Recreation

Zone objectives

Primary objective

• to designate land, whether in public or private ownership, which is or may be used primarily for recreational purposes.

Secondary objective

• to allow for other development that is compatible with the primary function of the zone.

Development within the zone

In Zone 6 (b) development for the purpose of the following is—

Item 1 allowed without consent—

• beach maintenance

Item 2 allowed only with consent—

| • agriculture | • bed and breakfast | | • boating facilities | • bushfire hazard reduction | | • camping grounds | • car parks | | • child care centres | • clubs | | • community buildings | • cruise craft docks | | • dwelling houses if for caretakers | • earthworks | | • emergency service facilities | • environmental facilities | | • forestry | • general stores | | • hotels | • marinas | | • markets | • motels | | • outdoor eating areas | • places of assembly | | • public buildings | • public utility undertakings | | • recreation areas | • recreation establishments | | • recreation facilities | • refreshment rooms | | • roads | • tourist accommodation | | • tourist facilities | • urban stormwater water quality management facilities | | • utility installations (other than gas holders or generating works) | • works for drainage and landfill |

Item 3 allowed only with consent and must satisfy the provisions of clause 8 (2)—

| • caravan parks | • educational establishments | | • helipads | • heliports | | • retail plant nurseries | • tourist resorts |

Item 4 prohibited—

• any buildings, works, places or land uses not included in Item 1, 2 or 3

Zone 7 (a) Environmental Protection (Wetlands and Littoral Rainforests)

Zone objectives

Primary objectives

• to identify, protect and conserve significant wetlands and littoral rainforests.

• to prohibit development which could destroy or damage a wetland or littoral rainforest ecosystem.

Secondary objectives

• to protect the scenic values of wetlands and littoral rainforests.

• to allow other development that is compatible with the primary function of the zone.

Development within the zone

In Zone 7 (a) development for the purpose of the following is—

Item 1 allowed without consent—

• nil

Item 2 allowed only with consent—

| • beach maintenance | • bed and breakfast | | • bushfire hazard reduction that is not exempt development | • environmental facilities | | • home businesses | • noxious weed control that is not exempt development | | • real estate signs | |

Item 3 allowed only with consent and must satisfy the provisions of clause 8 (2)—

| • agriculture | • earthworks | | • emergency service facilities | • public utility undertakings | | • roads | • urban stormwater water quality management facilities | | • utility installations (other than gas holders or generating works) | • works for drainage and landfill |

Item 4 prohibited—

• any buildings, works, places or land uses not included in Item 1, 2 or 3

Zone 7 (d) Environmental Protection (Scenic/Escarpment)

Zone objectives

Primary objectives

• to protect and enhance those areas of particular scenic value to the area of Tweed, minimise soil erosion from escarpment areas, prevent development in geologically hazardous areas, and maintain the visual amenity of prominent ridgelines and areas.

Secondary objective

• to allow other development that is compatible with the primary function of the zone.

Development within the zone

In Zone 7 (d) development for the purpose of the following is—

Item 1 allowed without consent—

• beach maintenance

Item 2 allowed only with consent—

| • bed and breakfast | • bushfire hazard reduction that is not exempt development | | • business identification signs | • camping grounds | | • dwelling houses if each is on an allotment of at least 40 hectares or an allotment referred to in clause 57 and if the number of dwellings does not exceed one for each 40 hectares of land contained within the allotment | • earthworks | | • home businesses | • home industries | | • multi-dwelling housing if—• not more than two dwellings are involved, and• they are attached, and• they are on allotment of at least 40 hectares or an allotment referred to in clause 57 | • noxious weed control that is not exempt development | | • real estate signs | • roadside stalls | | • utility installations | |

Item 3 allowed only with consent and must satisfy the provisions of clause 8 (2)—

| • agriculture | • emergency service facilities | | • environmental facilities | • extractive industries | | • forestry | • public utility undertakings | | • recreation areas | • refreshment rooms | | • roads | • rural tourist facilities | | • rural workers’ dwellings | • telecommunications infrastructure | | • urban stormwater water quality management facilities | • utility installations (other than gas holders or generating works) | | • works for drainage and landfill | |

Item 4 prohibited—

• any buildings, works, places or land uses not included in Item 1, 2 or 3

Zone 7 (f) Environmental Protection (Coastal Lands)

Zone objectives

Primary objectives

• to identify land susceptible to coastal erosion and protect it from inappropriate development.

• to protect and enhance the scenic and environmental values of the land.

Secondary objective

• to allow for other development that is compatible with the primary function of the zone.

Development within the zone

In Zone 7 (f) development for the purpose of the following is—

Item 1 allowed without consent—

• beach maintenance

• environmental facilities

Item 2 allowed only with consent—

| • bed and breakfast | • bushfire hazard reduction that is not exempt development | | • earthworks | • emergency service facilities | | • noxious weed control that is not exempt development | • public utility undertakings | | • real estate signs | • recreation areas | | • recreational beach activities | • roads | | • urban stormwater water quality management facilities | • utility installations (other than gas holders or generating works) | | • works for drainage and land fill | |

Item 3 allowed only with consent and must satisfy the provisions of clause 8 (2), but not on land at South Kingscliff (Portions 194, 301 and 312)—

| • agriculture | • camping grounds | | • car parks | • caravan parks | | • community buildings | • mineral sand mines |

Item 4 prohibited—

• any buildings, works, places or land uses not included in Item 1, 2 or 3

Zone 7 (l) Environmental Protection (Habitat)

Zone objectives

Primary objectives

• to protect areas or features which have been identified as being of particular habitat significance.

• to preserve the diversity of habitats for flora and fauna.

• to protect and enhance land that acts as a wildlife corridor.

Secondary objectives

• to protect areas of scenic value.

• to allow for other development that is compatible with the primary function of the zone.

Development within the zone

In Zone 7 (l) development for the purpose of the following is—

Item 1 allowed without consent—

• nil

Item 2 allowed only with consent—

| • bed and breakfast | • bushfire hazard reduction that is not exemptdevelopment | | • business identification signs | • dwelling houses if on an allotment of at least 40 hectares or an allotment referred to in clause 57 and if the number of dwellings does not exceed one for each 40 hectares of land contained within the allotment | | • earthworks | • environmental facilities | | • home businesses | • noxious weed control that is not exempt development |

Item 3 allowed only with consent and must satisfy the provisions of clause 8 (2)—

| • agriculture | • camping grounds | | • emergency service facilities | • forestry | | • public utility undertakings | • roads | | • urban stormwater water quality management facilities | • utility installations (other than gas holders or generating works) | | • works for drainage and landfill | |

Item 4 prohibited—

• any buildings, works, places or land uses not included in Item 1, 2 or 3

Zone 8 (a) National Parks and Nature Reserves

Zone objectives

Primary objectives

• to identify land which is reserved or dedicated under the National Parks and Wildlife Act 1974.

• to allow for the management and appropriate use of that land as provided by that Act.

Development within the zone

In Zone 8 (a) development for the purpose of the following is—

Item 1 allowed without consent—

• any use authorised by the National Parks and Wildlife Act 1974 or any use ordinarily incidental or ancillary to such a use

Item 2 allowed only with consent—

• nil

Item 3 allowed only with consent and must satisfy the provisions of clause 8 (2)—

• nil

Item 4 prohibited—

• any use not included in Item 1, 2 or 3

cl 11, table: Am 18.8.2000; 31.1.2003; 14.2.2003; 15.10.2004; 25.2.2005; 2007 (157), Sch 1 [5].

Part 3 General provisions

Part 3 General provisions

12 Temporary development of land

12 Temporary development of land

(1) Objective

• to enable the temporary development of land for a purpose that would otherwise be prohibited in the zone.

(2) Consent may be granted to development (other than designated development) for any purpose that is elsewhere prohibited by a provision of this plan for a maximum period of 14 days, whether consecutive or not, in any one year.

13 Development of uncoloured land on the zone map

13 Development of uncoloured land on the zone map

(1) Objectives

• to enable the control of development on unzoned land.

• to ensure that development of unzoned land is compatible with surrounding development and zones.

• to ensure that development of certain waters takes account of environmental impacts and other users of the waters.

(2) A person must not carry out development (other than development for the purpose of an outdoor eating area on a footpath within a road reserve or development listed in Schedule 5) on unzoned land except with consent.

(3) In deciding whether to grant consent to development on unzoned land, the consent authority must consider—

(a) whether the proposed development is compatible with development permissible in the adjoining zone and the character and use of existing development in the vicinity, and

(b) in the case of unzoned land that is below the mean high-water mark of the ocean or an estuary, bay, lake or river—

(i) whether or not the proposed development would alienate the use of the waters of the ocean, estuary, bay, lake or river from recreational uses or from commercial fishing and, if so, whether there is sufficient area in the locality for those uses to mitigate the adverse effect of the proposed development on those uses, and

(ii) the provisions of any coastal, estuary or river plan of management in force from time to time that applies to the unzoned land or land in the vicinity, and

(iii) any impact the proposed development may have on the natural environment.

14 Development near zone boundaries

14 Development near zone boundaries

(1) Objective

• to provide flexibility where detailed investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site.

(2) This clause applies to land which is—

(a) within 20 metres of a boundary between any two of Zones 1 (c), 2 (a), 2 (b), 2 (c), 2 (d), 2 (e), 2 (f), 3 (a), 3 (b), 3 (c), 3 (d), 3 (e), 4 (a), 5 (a), 6 (a) and 6 (b), or

(b) within 50 metres of a boundary between Zones 1 (a) and 1 (b), or

(c) within 50 metres of a boundary between any zone referred to in paragraph (a) and any zone referred to in paragraph (b).

(3) Development that would otherwise be prohibited may, with consent, be carried out on land to which this clause applies if the development may be carried out (with or without consent) in the adjoining zone.

(4) Consent may be granted to development referred to in subclause (3) only if the consent authority is satisfied that the proposed development is more appropriate, due to planning, design, ownership, servicing or similar criteria, than the development that would otherwise be allowed.

15 Availability of essential services

15 Availability of essential services

(1) Objectives

• to ensure that development does not occur without adequate measures to protect the environment and the community’s health.

• to ensure that development occurs in a coordinated and efficient manner.

(2) Consent must not be granted to the carrying out of development on any land unless—

(a) a water supply and facilities for the removal or disposal of sewage and drainage are available for that land, or

(b) arrangements satisfactory to the consent authority have been made for the provision of that supply and those facilities.

16 Height of buildings

16 Height of buildings

(1) Objective

• to ensure that the height and scale of development is appropriate to its location, surrounding development and the environmental characteristics of the land.

(2) Consent must not be granted to the erection of a building which exceeds the maximum height or number of storeys indicated on the Height of Buildings map in respect of the land to which the application relates.

(3) If an application for development consent made to the consent authority prior to the commencement of Tweed Local Environmental Plan 2000 (Amendment No 46) is not determined by the consent authority before that date—

(a) the amendments made to Schedule 1 to this plan by Tweed Local Environmental Plan 2000 (Amendment No 46) do not apply to the determination of the application, and

(b) the application is to be determined under this plan as if those amendments had not been made (that is, having regard to the definitions of height in relation to a building and storey in force under this plan immediately before that commencement).

(4) This clause does not apply to the land to which clause 53B applies.

cl 16: Am 7.1.2005; 2006 (18), Sch 1 [1].

17 Social impact assessment

17 Social impact assessment

(1) Objective

• to ensure proper consideration of development that may have a significant social or economic impact.

(2) Where the consent authority considers that a proposed development is likely to have a significant social or economic impact in the locality or in the local government area of Tweed, the consent authority may grant consent to the proposed development only if it has considered a socio-economic impact statement in respect of the proposed development.

(3) The socio-economic impact statement that the consent authority considers must do at least the following—

(a) identify the likely future impacts of the development on the affected community,

(b) analyse the impacts in terms of magnitude, significance, duration, effect on current and future conditions and community services, and the like,

(c) determine if the impacts will cause a loss of amenity within the locality due to a net reduction in community services and facilities,

(d) determine and assess possible measures for the management or mitigation of likely impacts.

cl 17: Am 15.10.2004.

18 Rural workers’ dwellings

18 Rural workers’ dwellings

(1) Objective

• to enable the provision of on-farm accommodation for rural workers only where there is a genuine need for them to live on-site and there is a demonstrated capacity of the existing farm to support their employment.

(2) Consent may be granted to the erection of a rural worker’s dwelling only if the consent authority is satisfied that—

(a) its erection will not impair the use of the land for agriculture, and

(b) the existing agricultural operation genuinely necessitates that rural workers reside on the farm and the operation has the economic capacity to support them, and

(c) the resident of the rural worker’s dwelling is to be employed on that farm, and

(d) the erection of a rural worker’s dwelling would not result in there being any more than one rural worker’s dwelling on the farm, and

(e) the dwelling will not be built on land classified as Class 1 or 2 agricultural land by the Department of Agriculture.

(3) Consent must not be granted to the erection of a rural worker’s dwelling on an allotment of land having an area of less than 40 hectares in Zone 1 (a), 1 (b2) or 7 (d) or an allotment of less than 10 hectares in Zone 1 (b2).

(4) For the purposes of subclause (3), land is taken to be in Zone 1 (b2) if it is shown on the zone map by the marking “1 (b2)”.

Part 4 Subdivision

Part 4 Subdivision

19 General

19 General

(1) Objective

• to provide a comprehensive system of planning controls for the subdivision of land in the Tweed local government area.

(1A) Despite Part 2 but subject to this Part, a person must not subdivide land without consent.

(2) Subdivision under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 may be carried out without consent if the land is within Zone 2 (a), 2 (b), 2 (c), 2 (d), 2 (e), 2 (f), 3 (a), 3 (b), 3 (c), 3 (d), 3 (e), 4 (a), 5 (a), 6 (a) or 6 (b).

(3) A person may, with consent, carry out a minor boundary adjustment, notwithstanding that the new lots may not comply with any relevant development standards applicable to the zone in which the land is situated.

(4) Consent is not required for a subdivision effected for the purposes of widening a public road, creating an allotment for use by a public utility undertaking, or as a public reserve or the like, notwithstanding that an allotment created by the subdivision may not comply with the minimum lot size applicable to the zone in which the land is situated.

cll 19: Am 26.9.2003.

20 Subdivision in Zones 1 (a), 1 (b), 7 (a), 7 (d) and 7 (l)

20 Subdivision in Zones 1 (a), 1 (b), 7 (a), 7 (d) and 7 (l)

(1) Objectives

• to prevent the potential for fragmentation of ownership of rural land that would—

(i) adversely affect the continuance or aggregation of sustainable agricultural units, or

(ii) generate pressure to allow isolated residential development, and provide public amenities and services, in an uncoordinated and unsustainable manner.

• to protect the ecological or scenic values of the land.

• to protect the area of Tweed’s water supply quality.

(2) Consent may only be granted to the subdivision of land—

(a) within Zone 1 (a), 1 (b2), 7 (a), 7 (d) or 7 (l) if the area of each allotment created is at least 40 hectares, or

(b) within Zone 1 (b1) if the area of each allotment created is at least 10 hectares.

(3) Despite subclause (2), consent may be granted to the subdivision of land where an allotment to be created is less than 40 hectares, or 10 hectares in the case of Zone 1 (b1), if the consent authority is satisfied that the allotment will be used for a purpose, other than for an agricultural or residential purpose, for which consent could be granted.

(4) For the purposes of subclauses (2) and (3)—

(a) land is taken to be within Zone 1 (b1) if it is shown on the zone map by the marking “1 (b1)”, and

(b) land is taken to be in Zone 1 (b2) if it is shown on the zone map by the marking “1 (b2)”.

cll 20: Am 26.9.2003.

21 Subdivision in Zone 1 (c)

21 Subdivision in Zone 1 (c)

(1) Objective

• to ensure that the semi-rural character and environmental values of the locality are protected.

(2) Consent may be granted to the subdivision of land in Zone 1 (c) for residential purposes only if—

(a) each allotment will be connected to a reticulated water supply system, or a tank water supply will be provided to the satisfaction of the consent authority, and

(b) the consent authority is satisfied that each allotment created is capable of accommodating adequate facilities for the treatment and disposal of sewage or will be connected to the Council’s reticulated sewerage system, and

(c) in the case of land to be connected to the Council’s reticulated sewerage system—the area of each lot created is not less than 0.4 hectare, and

(d) in the case of land not to be connected to the Council’s reticulated sewerage system—the area of each lot created is not less than 1 hectare.

cl 21: Am 15.10.2004.

21A Subdivision in Zone 7 (f)

21A Subdivision in Zone 7 (f)

(1) Objectives

• to protect the ecological or scenic values of coastal lands,

• to protect land that may be susceptible to coastal erosion processes from inappropriate development.

(2) Consent may be granted to the subdivision of land within Zone 7 (f) only if—

(a) the area of each allotment created is at least 40 hectares, or

(b) the consent authority is satisfied that the allotment will be used for a purpose, other than for an agricultural or a residential purpose, for which consent could be granted.

cl 21A: Ins 26.9.2003.

Part 5 Roads

Part 5 Roads

22 Development near designated roads

22 Development near designated roads

(1) Objectives

• to protect and improve the capacity, efficiency and safety of designated roads.

• to prevent development on designated roads that would detract from the scenic attractiveness of the area of Tweed.

• to prevent or reduce the potential impact of traffic noise on development adjacent to designated roads.

(2) This clause applies to land that—

(a) has frontage to a designated road, or

(b) relies on a designated road for its sole means of vehicular access, or

(c) is within Zone 1 (a), 1 (b), 1 (c), 5 (a), 7 (a), 7 (d), 7 (f) or 7 (l) and has direct access to another road at a point less than 90 metres from that road’s intersection with a designated road.

(3) A person may, with the consent of the consent authority, carry out development on land within Zone 5 (a) shown by red lettering on the zone map as “Proposed Classified Road”—

(a) for a purpose for which development may be carried out on land in an adjoining zone, or

(b) for any other purpose that is compatible with development that may be carried out on land in an adjoining zone.

(4) The consent authority may grant consent to development on land to which this clause applies only if it is satisfied that—

(a) the development (because of its nature, appearance, cumulative effect or illumination, or the intensity or the volume or type of traffic likely to be generated, or for another similar reason) is unlikely to constitute a traffic hazard or materially reduce the capacity or efficiency of the designated road, and

(b) the location, standard and design of access points, and on-site traffic movement and parking arrangements, would ensure that through traffic movement on the designated road is not impeded, and

(c) the development, or proposed access to it, will not prejudice any future improvements to, or realignment of, the designated road, and

(d) where the land is in Zone 1 (a), 5 (a), 7 (a), 7 (d), 7 (f), or 7 (l), the development is of a type that necessitates a location in proximity to the designated road for reasons other than only commercial advantage, and

(e) the development is of a type that is not sensitive to traffic noise or, if it is, it is located or adequate measures are included to ameliorate any potential noise impact, and

(f) the development would not detract from the scenic values of the locality, particularly from the point of view of road users, and

(g) where practicable, access to the land is provided by a road other than the designated road, and

(h) in respect of any application for commercial or retail development near the Pacific Highway in Zone 1 (a), 7 (a), 7 (d), 7 (f) or 7 (l), the development—

(i) would not compromise the Highway’s function as the North Coast’s primary inter- and intra-regional road traffic route, and

(ii) would not contribute to the need to expend public money on the Highway to overcome the effects of ribbon development, and

(iii) would not compromise highway safety and efficiency, and

(iv) would not cause or contribute to the shifting of the retail/commercial foci of any town from the town centre to a highway-orientated site.

(5) (Repealed)

cl 22: Am 18.8.2000; 15.10.2004; 2008 (571), Sch 3.175 [1] [2].

23 Control of access

23 Control of access

(1) Objective

• to control access to designated roads.

(2) A road or other means of access which forms a junction or intersection with a designated road must not be opened or formed except with development consent.

24 Set backs to designated roads

24 Set backs to designated roads

(1) Objective

• to control development along designated roads.

(2) This clause applies to land within Zone No 1 (a), 1 (b), 1 (c), 7 (a), 7 (d), 7 (f) or 7 (l) or zoned 5 (a) (Forestry).

(3) Except as provided by subclause (4), a building of a kind described in Column 1 of the following Table must not be erected on land to which this clause applies if the distance between the proposed building and any designated road would be less than the distance specified in Column 2 of the Table.

Table

| Column 1Buildings used for— | Column 2Distance in metres from designated road | | bulk stores, extractive industries, junkyards, liquid fuel depots, offensive or hazardous industries or transport terminals | 100 | | caravan parks, hotels, industries (other than offensive or hazardous industries), motels or moveable dwelling parks | 50 | | anything else | 30 |

(4) The consent authority may require a greater distance between the proposed building and any designated road based on consideration of matters listed in clause 22 (4).

Part 6 Environment and resource provisions

Part 6 Environment and resource provisions

25 Development in Zone 7 (a) Environmental Protection (Wetlands and Littoral Rainforests) and on adjacent land

25 Development in Zone 7 (a) Environmental Protection (Wetlands and Littoral Rainforests) and on adjacent land

(1) Objective

• to ensure that wetlands and littoral rainforests are preserved and protected in the environmental and economic interests of the area of Tweed.

(2) Unless it is exempt development, a person must not clear vegetation from, drain, excavate or fill land within Zone 7 (a) except with development consent.

(3) Consent must not be granted to the carrying out of development on land within Zone 7 (a) or on land adjacent to land within Zone 7 (a) unless the consent authority has taken into consideration—

(a) the likely effects of the development on the flora and fauna found in the wetlands or littoral rainforest, and

(b) the potential for disturbance of native flora and fauna as a result of intrusion by humans and domestic and feral animals, increased fire risk, rubbish dumping, weed invasion and vegetation clearing, and

(c) a plan of management showing how any adverse effects arising from the development can be mitigated, and

(d) the likely effects of the development on the water table, and

(e) the effect on the wetlands or littoral rainforest of any proposed clearing, draining, excavating or filling.

(4) (Repealed)

cl 25: Am 21.11.2003; 2008 (571), Sch 3.175 [3].

26 Development in Zone 7 (d) Environmental Protection (Scenic/Escarpment)

26 Development in Zone 7 (d) Environmental Protection (Scenic/Escarpment)

(1) Objective

• to ensure that the development of land within Zone 7 (d) minimises soil erosion and will preserve or enhance the scenic quality of the land and the locality.

(2) Unless it is exempt development, a person must not clear vegetation from, excavate or erect a building on land within Zone 7 (d) except with development consent.

(3) Consent must not be granted to the erection of a building on land within Zone 7 (d) unless the consent authority is satisfied that—

(a) the scale, height and location of the building, and

(b) the colour, type and reflectivity of materials to be used,

will preserve or enhance the scenic quality of the land and the locality.

27 Development in Zone 7 (f) Environmental Protection (Coastal Lands)

27 Development in Zone 7 (f) Environmental Protection (Coastal Lands)

(1) Objectives

• to protect land that may be susceptible to coastal erosion processes from inappropriate development.

(2) In deciding whether to grant consent to development in Zone 7 (f), the consent authority must consider—

(a) the provisions of any plan of management adopted by the Council under the Local Government Act 1993 that is applicable to the land, and

(b) the impact of the development on the behaviour of the sea, or an arm of the sea, or any bay, inlet, lagoon, lake, body of water, river, stream or watercourse, and

(c) the impact of the development on any beach or dune or the bed, bank, shoreline, foreshore, margin or flood plain of the sea or any bay, inlet, lagoon, lake, body of water, river, stream or watercourse, and

(d) the impact of the development on the landscape or scenic quality of the locality, and

(e) the impact of the development on any native vegetation, and

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

(3), (4) (Repealed)

cl 27: Am 26.9.2003; 2008 (571), Sch 3.175 [4]–[6].

28 Development in Zone 7 (l) Environmental Protection (Habitat) and on adjacent land

28 Development in Zone 7 (l) Environmental Protection (Habitat) and on adjacent land

(1) Objective

• to protect wildlife habitat from the adverse impacts of development.

(2) Unless it is exempt development, a person must not clear vegetation from, drain, excavate or fill land within Zone 7 (l) except with development consent.

(3) (Repealed)

(4) The consent authority must not grant consent to development on or adjacent to land within Zone 7 (l) unless it has taken into consideration—

(a) the likely effects of the development on the flora and fauna found in the locality, and

(b) the potential for disturbance of native flora and fauna as a result of intrusion by humans and domestic and feral animals, increased fire risk, rubbish dumping, weed invasion and vegetation clearing, and

(c) a plan of management showing how any adverse effects arising from the development are to be mitigated.

cl 28: Am 2008 (571), Sch 3.175 [7].

29 Development adjacent to Zone 8 (a) National Parks and Nature Reserves

29 Development adjacent to Zone 8 (a) National Parks and Nature Reserves

(1) Objective

• to ensure that development of land adjacent to Zone 8 (a) does not have a significant impact on wildlife habitat.

(2) The consent authority must not grant consent to development adjacent to land within Zone 8 (a) unless it has taken into consideration—

(a) the likely effects of the development on the flora and fauna found in the locality, and

(b) the potential for disturbance of native flora and fauna as a result of intrusion by humans and domestic and feral animals, increased fire risk, rubbish dumping, weed invasion and vegetation clearing.

30 Definition of “vegetation clearing”

30 Definition of “vegetation clearing”

For the purpose of this Part, vegetation clearing means any one or more of the following—

(a) cutting down, felling, thinning, logging or removing any vegetation, or

(b) killing, destroying, poisoning, ringbarking, uprooting or burning vegetation, or

(c) severing, topping or lopping branches, limbs, stems or trunks of native vegetation, or

(d) substantially damaging or injuring native vegetation in any other way.

Part 7 Hazards and buffers

Part 7 Hazards and buffers

31 Development adjoining waterbodies

31 Development adjoining waterbodies

(1) Objectives

• to protect and enhance scenic quality, water quality, aquatic ecosystems, bio-diversity and wildlife habitat and corridors.

• to provide adequate public access to waterways.

• to minimise the impact on development from known biting midge and mosquito breeding areas.

(2) This clause applies to land that adjoins the mean high-water mark (or the bank where there is no mean high-water mark) of a waterbody.

(3) Consent must not be granted to development on land to which this clause applies, within such distance as is determined by the consent authority of the mean high-water mark or, where there is no mean high-water mark, the top of the bank or shore of a stream, creek, river, lagoon or lake unless it is satisfied that—

(a) the development will not have a significant adverse effect on scenic quality, water quality, marine ecosystems, or the bio-diversity of the riverine or estuarine area or its function as a wildlife corridor or habitat, and

(b) adequate arrangements for public access to and use of foreshore areas have been made in those cases where the consent authority considers that public access to and use of foreshore areas are appropriate and desirable requirements, and

(c) the development is compatible with any coastal, estuary or river plan of management adopted by the Council under the Local Government Act 1993 that applies to the land or to land that may be affected by the development, and

(d) the development addresses the impact of increased demand from domestic water supply on stream flow.

(e) the development addresses the likely impact of biting midge and mosquitoes on residents and tourists and the measures to be used to ameliorate the identified impact.

(4) The consent authority may require as a condition of consent to any development that the following be carried out—

(a) the rehabilitation of land adjoining the waterbed to create a vegetated riparian zone or wetland,

(b) works to stabilise the bank or shoreline of a waterbed.

(5) In determining a distance for the purposes of this clause, the consent authority shall have regard to—

(a) the preservation of the scenic quality of foreshores, and

(b) minimising the risk of pollution of waterways, and

(c) the protection of foreshore ecosystems, and

(d) the intended or planned use for the foreshore.

cl 31: Am 21.11.2003.

32 Aircraft noise

32 Aircraft noise

(1) Objectives

• to prevent certain noise sensitive developments from locating in proximity to Coolangatta Airport and its flight paths.

• to minimise the noise impact from the operation of Coolangatta Airport on development in its vicinity.

(2) This clause applies to land within the 20 or higher ANEF contour.

(3) Consent must not be granted to development for the purpose of a caravan park, child care centre, hospital or educational establishment or for residential development (including subdivision for residential purposes, but not including the erection or use of a dwelling house) within the 25 or higher ANEF contour.

(4) The consent authority must not grant consent to the erection of a dwelling house within the 25 or higher ANEF contour unless it imposes a condition on the consent that the building is to meet the building construction requirements of Australian Standard AS 2021–1994(Acoustics–Aircraft noise intrusion—Building siting and construction).

(5) When deciding whether to grant consent to development for—

(a) the purpose of a caravan park, child care centre, hospital or educational establishment or for residential development between the 20 and 25 ANEF contours, or

(b) a community building, place of assembly, place of public worship or retail, commercial or light industrial purposes within the 25 or higher ANEF contour,

the consent authority must consider Australian Standard AS 2021–1994(Acoustics–Aircraft noise intrusion—Building siting and construction).

33 Obstacles to aircraft

33 Obstacles to aircraft

(1) Objective

• to ensure that development in the vicinity of Coolangatta and Murwillumbah Airports and en route flight paths does not increase the risk of obstacles to aircraft.

(2) When deciding whether to grant consent to development in the vicinity of Coolangatta or Murwillumbah Airports, the consent authority must consider any current obstacle limitation surfaces plan or procedures for air navigation services—aircraft operations plan prepared by the airport operator that has been notified to the Council.

(3) When deciding whether to grant consent to a building or structure 110 metres or more above ground level, the consent authority must further consider the requirements of the Civil Aviation Safety Authority under regulations 89Y and 89Z of the Civil Aviation Regulations 1988 of the Commonwealth.

34 Flooding

34 Flooding

(1) Objectives

• to minimise future potential flood damage by ensuring that only appropriate compatible development occurs on flood liable land.

• to minimise the adverse effect of flooding on the community.

(2) Where, in the consent authority’s opinion, land is likely to be subject to flooding, then it must not grant consent to development on that land unless it has considered—

(a) the extent and nature of the flooding hazard affecting the land, and

(b) whether or not the development would increase the risk or severity of flooding of other land in the vicinity, and

(c) whether the risk or severity of flooding affecting the development could be reasonably mitigated, and

(d) the impact of the development on emergency services, and

(e) the provisions of Section A3—Development of Flood Liable Land of Tweed Development Control Plan.

cl 34: Am 2007 (157), Sch 1 [6].

35 Acid sulfate soils

35 Acid sulfate soils

(1) Objectives

• to manage disturbance of acid sulfate soils to minimise impacts on water quality, ecosystems, infrastructure and agricultural and urban activities.

• to require special consideration and development consent for works, including some agricultural and infrastructure-related works, that would disturb soils or ground water levels in areas identified as having acid sulfate soils.

• to provide for a regime of self-regulation by those organisations which have demonstrated to the Council their ability to manage acid sulfate soils issues.

(2) For the purpose of this clause, works includes—

(a) any landform alteration that may result in the disturbance of soil (such as occurs in carrying out agriculture, including land levelling and the like, the construction of new drains, the widening, deepening or extension of existing drains, extractive industries, dredging, the construction of artificial waterbodies (including canals, dams or detention basins), footings, road or bridgeworks, the laying of cables, pipes etc, or flood mitigation works), or

(b) any other works which may lower ground water levels.

(3) A person must not, without development consent, carry out works on land shown as being Class 1, 2, 3, 4 or 5 land on the series of maps held in the office of the Council and marked “Acid Sulfate Soil Planning Map”, being the works specified for the class of land in the following Table—

Table

| Class of land | Specified works | | 1 | Any works | | 2 | • Works below the ground surface• Works by which the watertable is likely to be lowered | | 3 | • Works beyond 1 metre below the natural ground surface• Works by which the watertable is likely to be lowered beyond 1 metre below the natural ground surface | | 4 | • Works beyond 2 metres below the natural ground surface• Works by which the watertable is likely to be lowered beyond 2 metres below the natural ground surface | | 5 | • Works within 500 metres of Class 1, 2, 3 or 4 land which are likely to lower the watertable below 1 metre AHD in adjacent Class 1, 2, 3 or 4 land |

(4) The consent authority must not grant consent to works specified in subclause (3) unless it has considered—

(a) a preliminary soil assessment to ascertain the presence or absence of acid sulfate soils within the area of proposed works, unless the applicant agrees that acid sulfate soils are present within the area of proposed works, and

(b) where the preliminary soil assessment ascertains (or the applicant agrees) that acid sulfate soils are present, the adequacy of an acid sulfate soils management plan prepared in accordance with guidelines, as amended from time to time, published by the Environment Protection Authority, and

(c) the likelihood of the proposed development resulting in the oxidation of acid sulfate soils and discharge of acid water from the area of the proposed works, and

(d) (Repealed)

(5) Subclauses (3) and (4) do not apply to works carried out on land shown as Class 1, 2, 3, 4 or 5 land on the series of maps held in the Council’s office and marked “Acid Sulfate Soil Planning Map” if the land has been lawfully filled and the proposed works do not extend beneath the depth of the fill.

(6) Subclauses (3) and (4) do not apply to works carried out on land shown as Class 1, 2, 3, 4 or 5 land on the series of maps held in the office of the Council and marked “Acid Sulfate Soil Planning Map” for the purpose of agriculture (including drains, land levelling, dams, road works and the like) provided that—

(a) a production area entitlement with the NSW Sugar Milling Co-operative Limited applies to the land at the time of carrying out the works, and

(b) the works are carried out in accordance with a drainage management plan lodged with and endorsed by the NSW Sugar Milling Co-operative Limited, and

(c) the drainage management plan has been prepared in accordance with the Sugar Industry Best Practice Guidelines, a copy of which is available at the office of the Council, and

(d) the Sugar Industry Best Practice Guidelines have been approved by the Director-General of the Department of Urban Affairs and Planning in consultation with the NSW Acid Sulfate Soils Management Advisory Committee (ASSMAC) and the Department of Agriculture and have been adopted by the Council, and

(e) the works are not carried out in respect of any major drain listed in Schedule 7, or on land within Zone 7 (a) or 7 (l), and

(f) the Council has not served a notice on the person carrying out or using the works, or published a notice in a newspaper circulating in the locality of the works, requiring that the carrying out or use of the works must cease or that development consent must be obtained prior to the carrying out or further use of the works.

(7) An annual review of drainage management plans and works to which subclause (6) relates is to be carried out by NSW Sugar Mills Co-operative Limited to a standard satisfactory to the Council and the Co-op is to provide the Council with a copy of the results of the review immediately after it has been carried out. The Council may issue a notice under subclause (6) (f) relating to any one or more of those works if either of those requirements is not complied with.

cl 35: Am 2008 (571), Sch 3.175 [8].

36 Coastal erosion outside Zone 7 (f)

36 Coastal erosion outside Zone 7 (f)

(1) Objective

• to protect land that may be subject to coastal erosion (but not within Zone 7 (f)) from inappropriate development.

(2) In determining whether to grant consent to development involving the erection of a building or the carrying out of a work at or above the surface of the ground on land that in the consent authority’s opinion may be subject to coastal erosion, the consent authority must—

(a) (Repealed)

(b) consider—

(i) the likelihood of the proposed development adversely affecting the behaviour or being adversely affected by the behaviour of the sea, or of water in an arm of the sea or any other body of water, and

(ii) the likelihood of the proposed development adversely affecting any beach or dune or the bed, bank, shoreline, foreshore, margin or floodplain of the sea, any arm of the sea or any other body of water, and

(iii) the likelihood of the proposed development adversely affecting the landscape or scenic quality of the locality, and

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

cl 36: Am 2008 (571), Sch 3.175 [9] [10].

37 Electricity transmission line corridor

37 Electricity transmission line corridor

(1) Objective

• to cater for the alignment of, and development in proximity to, major transmission lines.

(2) Development, other than exempt development and agriculture, must not be carried out on land within a transmission line corridor shown on the zone map, except with development consent.

(3) The consent authority must not grant consent unless it has—

(a) notified NorthPower of the proposed development, and

(b) considered any representations received from NorthPower within 21 days of such notification.

38 Future road corridors

38 Future road corridors

(1) Objective

• to cater for the alignment of, and development in proximity to, future roads.

(2) Development, other than exempt development or agriculture, must not be carried out on land in or adjoining a future road corridor shown on the zone map, except with development consent.

(3) The consent authority must not grant consent unless it has considered the effect of that development on the future alignment of the road corridor.

39 Remediation of contaminated land

39 Remediation of contaminated land

(1) Objective

• to ensure that contaminated land is adequately remediated prior to development occurring.

(2) State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 4 applies to land to which this plan applies despite any other provision of this plan.

cl 39: Am 2022 (72), Sch 1.60[2]

39A Bushfire protection

39A Bushfire protection

(1) Objective

• to minimise bushfire risk to built assets and people and to reduce bushfire threat to ecological assets and environmental assets.

(2) In determining whether to grant consent to development in areas that, in the opinion of the consent authority, are likely to be affected by bushfire, the consent authority must take into account—

(a) whether the development is likely to have a significant adverse effect on the implementation of any strategies for bushfire control and fuel management adopted by the NSW Rural Fire Service District Office or the Bush Fire Management Committee constituted for the area, and

(b) whether a significant threat to the lives of residents, visitors or emergency services personnel may be created or increased as a result of the development (including any threat created or increased by the access arrangements to and from the development), and

(c) whether the increased demand for emergency services during bushfire events that is created by the development would lead to a significant decrease in the ability of the emergency services to effectively control major bushfires, and

(d) the adequacy of measures proposed to avoid or mitigate the threat from bushfires including—

(i) the siting of the development, and

(ii) the design of structures and the materials used, and

(iii) the importance of fuel-free and fuel-reduced areas, and

(iv) landscaping and fire control aids such as roads, reserves, access arrangements and on-site water supplies, and

(e) the environmental and visual impacts of the clearing of vegetation for bushfire hazard reduction.

(3) In taking into account the matters required by subclause (2), the consent authority must have regard to the provisions of Planning for Bush Fire Protection and must be satisfied that those provisions are, as much as is possible, complied with.

(4) In this clause—

Planning for Bush Fire Protection means the document prescribed by the Environmental Planning and Assessment Regulation 2021, section 271.

cl 39A: Ins 27.2.2004. Am 2007 No 82, Sch 3.27; 2020 (69), Sch 1.12[1] [2]; 2023 (83), Sch 1.9[1] [2].

Part 8 Heritage provisions

Part 8 Heritage provisions

40 Heritage provisions objectives

40 Heritage provisions objectives

The objectives of the heritage provisions are as follows—

• to conserve the environmental heritage of the area of Tweed.

• to ensure that any development does not adversely affect the heritage significance of heritage items and heritage conservation areas and their settings.

• to provide for public involvement in the conservation of environmental heritage.

• to integrate heritage conservation into the planning and development control processes.

41 Heritage items and conservation areas

41 Heritage items and conservation areas

(1) For the purposes of this Part, heritage items are those items listed in Schedule 2.

(2) Those portions of the villages of Uki and Tumbulgum located within the broken dashed line on the zone map are heritage conservation areas.

42 Protection of heritage items, heritage conservation areas and relics

42 Protection of heritage items, heritage conservation areas and relics

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

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

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

(c) altering a heritage item or a building, work or relic within a heritage conservation area by making non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect its heritage significance, or

(d) moving a relic, or excavating land for the purpose of discovering, exposing or moving a relic, or

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

(2) Development consent is not required by this clause if the consent authority is of the opinion that the proposed development would not affect the heritage significance of the heritage item or heritage conservation area.

(3) When determining a development application required by this clause, the consent authority must take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area.

Note.

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

cl 42: Am 2008 (571), Sch 3.175 [11]

43

43 (Repealed)

44 Development of land within likely or known archaeological sites

44 Development of land within likely or known archaeological sites

(1) The consent authority may grant consent to the carrying out of development on an archaeological site that has Aboriginal heritage significance (such as a site that is the location of an Aboriginal place or a relic within the meaning of the National Parks and Wildlife Act 1974), or a potential archaeological site that is reasonably likely to have Aboriginal heritage significance only if—

(a) it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site prepared in accordance with any guidelines for the time being notified to it by the Director-General of National Parks and Wildlife, and

(b) except where the proposed development is integrated development, it has notified the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and taken into consideration any comments received in response within 21 days after the notice was sent, and

(c) it is satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted.

(2) The consent authority may grant consent to the carrying out of development on an archaeological site that has non-Aboriginal heritage significance or a potential archaeological site that is reasonably likely to have non-Aboriginal heritage significance only if—

(a) it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site prepared in accordance with any guidelines for the time being notified to it by the Heritage Council, and

(b) (Repealed)

(c) it is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.

cl 44: Am 2008 (571), Sch 3.175 [13] [14].

45 Development in the vicinity of heritage items, heritage conservation areas, archaeological sites or potential archaeological sites

45 Development in the vicinity of heritage items, heritage conservation areas, archaeological sites or potential archaeological sites

The consent authority must take into consideration the likely effect of the proposed development on the heritage significance of a heritage item, heritage conservation area, archaeological site or potential archaeological site, and on its setting, when determining an application for consent to carry out development on land in its vicinity.

46 Conservation incentives

46 Conservation incentives

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

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

(b) the conservation of the building depends on the granting of the consent.

Part 9 Advertising signs

Part 9 Advertising signs

47 Advertising signs

47 Advertising signs

(1) Objective The objective of the advertising sign provisions is to ensure that outdoor advertising—

(a) conveys advertisers’ messages and images while complementing and conforming to both the building on which it is displayed and the character of the locality, and

(b) does not adversely affect the locality in terms of appearance, size, illumination or overshadowing or in any other way, and

(c) does not lead to visual clutter through the proliferation of signs, and

(d) does not detract from the rural character or scenic qualities of the area of Tweed.

(2) Advertisements allowed only with consent Development for the purpose of an advertisement on land within a zone other than a rural, open space or environmental protection zone may be carried out with development consent only if it is not prohibited under subclause (4).

(3) Development for the purpose of an advertisement on land within a rural, open space or environmental protection zone may be carried out with development consent only if it is not prohibited under subclause (4) and it is either—

(a) a temporary sign in Zone 7 (a), 7 (d) or 7 (l), or

(b) an advertisement that directs the travelling public to a specific tourist facility, lawful business or place of scientific, historic or scenic interest and the consent authority is satisfied that—

(i) the principal purpose of the advertisement is to direct the travelling public to that building or place, and

(ii) the dimensions and overall size of the advertisement are not larger than would reasonably be required to so direct the travelling public, or

(c) an advertisement relating to a lawful use on the land on which the advertisement is to be displayed.

(4) Advertisements prohibited Development for the purpose of a roof sign, an A-frame sign on public land, a flashing sign or an animated sign (otherwise than as exempt development) is prohibited.

Part 10 Acquisition of land

Part 10 Acquisition of land

48 Acquisition and development of land in Zone 5 (a) (RTA Road)

48 Acquisition and development of land in Zone 5 (a) (RTA Road)

Note.

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

(1) Objective

• to set out the requirements for the acquisition and interim development of land set aside for future RTA roads.

(2) In this clause—

vacant land means land on which, immediately before the day on which the notice under subclause (3) is given, there were no buildings other than fences.

(3) The owner of any land within Zone 5 (a) shown in red lettering on the zone map as “RTA Road” may, by notice in writing, require the RTA to acquire the land.

(4) On receipt of such a notice, the RTA must acquire the land if—

(a) the land is vacant, or

(b) the land is not vacant but—

(i) the land is included in the 5-year works program of the RTA current at the time of the receipt of the notice, or

(ii) (Repealed)

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

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

(5) (Repealed)

(6) Land acquired under this clause may be developed for any purpose, with development consent, until such time as it is required for the purpose for which it was acquired.

cl 48: Am 2008 (571), Sch 3.175 [15]–[17]; 2021 (716), Sch 1.50[4].

49 Acquisition and development of certain land in Zones 5 (a) and 6 (a)

49 Acquisition and development of certain land in Zones 5 (a) and 6 (a)

(1) Objective

• to set out the requirements for the acquisition and interim development of land set aside for future local roads, open space and other Council purposes.

(2) This clause applies to land within—

(a) Zone 5 (a) shown on the zone map by red lettering as “Drainage”, “Council Purposes” or “Council Road”, or

(b) Zone 6 (a), except land held by a public authority for the purposes of public open space.

(3) The owner of any land to which this clause applies may, by notice in writing, require the Council to acquire the land.

(4) On the receipt of a notice referred to in subclause (3), the Council must acquire the land unless the land may be required to be provided as a condition of consent to the carrying out of development.

(5) A person may, with development consent, carry out development for any purpose on land to which this clause applies until the land is acquired or developed for the purpose for which it is zoned.

(6) A person must not carry out development on land to which this clause applies prior to its acquisition so as to render the land unfit for the purposes for which it is zoned.

(7) Consent referred to in subclause (5) must not be granted unless consideration has been given to—

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

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

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

(d) the effect of the proposed development on the costs of acquisition, and

(e) the imminence of acquisition, if the land has not yet been acquired, and

(f) the costs of reinstatement of the land for the purposes for which the land is to be acquired.

(8) In granting such a consent, the consent authority may impose conditions requiring—

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

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

without the payment of compensation by the consent authority.

Part 11 Particular area provisions

Part 11 Particular area provisions

50 Floor space ratios in Zones 3 (a) and 3 (b) at Tweed Heads

50 Floor space ratios in Zones 3 (a) and 3 (b) at Tweed Heads

(1) Objective

• to control by floor space ratio the intensity of retail uses in Zone 3 (a) (the Sub-regional Business zone) and certain parts of Zone 3 (b) (the General Business zone), and encourage the consolidation of lots.

(2) This clause applies to land within Zones 3 (a) and 3 (b) at Tweed Heads.

(3) Buildings proposed to be erected on land to which this clause applies must not exceed the floor space ratios (FSRs) in the following Table—

Table

| Floor space ratios | | Column 1 | Column 2 | Column 3 | Column 4 | | Zone | Maximum FSR for sites less than 2,000m2 | Maximum FSR for sites 2,000m2 or more, without bonuses | Maximum FSR for sites 2,000m2 or more, with bonuses | | 3 (a) | 2:1 | 2:1 | 4:1 | | 3 (b) | 1:1, including not more than 0.25:1 for retail or refreshment rooms | 1:1, including not more than 0.25:1 for retail or refreshment rooms | 2:1 |

(4) In order to achieve the maximum floor space ratio contained in Column 4 of the Table, a development must provide bonuses as specified in Section B2—Tweed Heads of Tweed Development Control Plan.

cl 50: Am 18.8.2000; 2007 (157), Sch 1 [7].

51 Development in Zone 3 (e) Special Tourist (Jack Evans Boatharbour)

51 Development in Zone 3 (e) Special Tourist (Jack Evans Boatharbour)

(1) Objective

• to ensure that potential environmental effects of development in Zone 3 (e) are properly assessed and ameliorated and that development is consistent with a more detailed development control plan for the area.

(2) The consent authority must not grant consent to development on land within Zone 3 (e) unless the consent authority is satisfied that—

(a) adequate measures have been included in the proposal to treat, control and redirect stormwater and other run off, so as to maintain and enhance water quality in the boatharbour, river and ocean, and

(b) satisfactory availability of sunlight, particularly in winter, to all public open space and pedestrian and waterfront areas, is ensured, and the proposal will respond adequately to the micro-climate of the area, including winds, and

(c) adequate methods are incorporated for the disposal and filtration of de-watered material from excavated sites and to ensure stability of the site during and after construction.

(3) The Council must not grant consent to any development within Zone 3 (e) unless it is satisfied that such development makes adequate provision for public roads and road upgrading.

51A Multi-dwelling housing densities in Zone 2 (a)

51A Multi-dwelling housing densities in Zone 2 (a)

(1) Objective

• to control the density of multi-dwelling housing in Zone 2 (a) (the Low Density Residential zone) by the use of a development standard.

(2) Multi-dwelling housing proposed to be erected on land within Zone 2 (a) is to be at a density not greater than—

(a) one dwelling per 450 square metres of site area, or

(b) if the site is within 300 metres of a business centre as indicated on the Business Centres Map—one dwelling per 250 square metres of site area.

cl 51A: Ins 31.1.2003. Am 15.10.2004.

51B Multi-dwelling housing in Zones 3 (a) and 3 (b)

51B Multi-dwelling housing in Zones 3 (a) and 3 (b)

(1) Objective The objective of this clause is to allow multi-dwelling housing on land zoned 3 (a) or 3 (b), but only if it meets certain criteria to ensure the development of the land does not undermine its commercial use and the objectives of those zones.

(2) This clause applies to land within Zone 3 (a) or 3 (b).

(3) Despite the Table to clause 11, a person may, with the consent of the Council, carry out development on land to which this clause applies for the purpose of multi-dwelling housing, subject to subclauses (4) and (5).

(4) Multi-dwelling housing on land to which this clause applies must be attached to shops, commercial premises or other non-residential development on the same site.

(5) If multi-dwelling housing is located at ground level or within 2.4 metres of ground level, a dwelling or car park area must not front any commercial street listed in Schedule 8.

cl 51B: Ins 25.2.2005.

52 Zone map overlay provisions

52 Zone map overlay provisions

(1) Objective

• to apply special provisions relating principally to environmental protection within particular areas shown on the zone map.

(2) In relation to land shown on the zone map in any one or more of the manners indicated in Column 1 of the following Table, the corresponding provisions specified opposite in Column 2 apply.

Table

| Column 1 | Column 2 | | Shown on the zone map by— | Applicable provisions | | | Consent must not be granted to development unless the consent authority has considered detailed plans of the development and for management of its consequences and made an assessment of the following matters—(a) the adequacy of proposed measures in a soil and water management plan for the purpose of maintaining or improving the quality of water entering Cudgera Creek, such measures to control soil erosion, sediment and stormwater run off, and release of ground water or surface water containing high acidity, nutrients or pollutants, resulting from disturbance and development of the site,(b) whether the proposed measures in a fauna and flora management plan for habitat enhancement and management along the eastern boundary of the land and adjacent to Cudgera Creek are satisfactory. | | | (1) Consent must not be granted to development for residential purposes unless the area of each allotment, or the site area per dwelling, is not less than 1,200 square metres.(2) A person must not remove a tree or erect a building without development consent.(3) Consent must not be granted to the erection of a building, the removal of trees or excavation unless the consent authority has made an assessment as to whether it should impose conditions relating to—(a) the height and location of buildings, and(b) the colour of materials, and(c) the removal and planting of trees,so as to ensure that the development will preserve or enhance the scenic quality of the land and surrounding land | | # | A person must not carry out any development (except for purposes authorised under the Forestry Act 1916 and purposes ordinarily incidental or ancillary to such purposes) on the land that will substantially change the topographic features or landscape or the natural state of the land, except with development consent. | | | Where the exact on-site location of a zone boundary is unclear (due to the scale of the zone map or mapping errors) and a determination of its exact location is necessary for the purposes of a development application, consent must not be granted to development unless—(a) the zone boundary is determined by a survey carried out by a suitably qualified person at the cost of the applicant and approved by the Council, and(b) the survey line, based on on-site investigations, achieves the primary objective of the most environmentally sensitive or restrictive of the zones involved. | | | Consent must not be granted to development unless the consent authority—(a), (b) (Repealed)(c) has considered a report from a suitably qualified person recommending—(i) that part of the land be conserved and protected from development, and(ii) that part of the land be rezoned to Zone 7 (l), and(iii) that a plan of management for the land be prepared. | | | Consent must not be granted to development unless the consent authority and the applicant have considered detailed plans of the development and for management of its consequences and made an assessment of the following matters—(a) the adequacy of proposed measures in a stormwater management plan for the purpose of maintaining or improving the quality of water leaving the site in both surface and ground waters, including measures to control soil erosion, sediment and stormwater run off, and release of ground water or surface water containing high acidity, nutrients or pollutants, resulting from disturbance and development of the site,(b) where the development proposes the filling of land—(i) whether or not the filling of land would increase the risk or severity of flooding of other land in the vicinity, and(ii) the potential impact of the filling of land on groundwater quality, and(iii) the likely impact of increased flooding on adjacent flora and fauna habitat, and(iv) the quality, volume and source of any fill material and the likely impact associated with the sourcing and transportation of fill material, and(v) the adequacy of the location and the justification of the design of environmental buffers between filled areas and environmentally sensitive land such as riparian areas, wetlands and waterways,(c) the adequacy of proposed drainage systems, particularly in respect of the Council’s goal that post- development drainage should mimic natural (pre-development) flows by utilising such techniques as reuse, detention, retention and infiltration,(d) the extent to which stormwater management and control is consistent with the Tweed Urban Stormwater Management Plan. |

cl 52: Am 26.11.2004.

cl 52, table: Subst 28.11.2003. Am 27.2.2004; 26.11.2004; 2008 (571), Sch 3.175 [18] [19].

53 Development of specific sites

53 Development of specific sites

(1) Objective

• to enable development for additional purposes on certain land.

(2) Nothing in this plan prevents land specified in the Table in Schedule 3 from being developed, with development consent, for the purpose specified for the land in that Table, subject to any applicable conditions so specified. The other provisions of this plan apply provided they are not inconsistent with this clause.

53A Subdivision of Lot 32, DP 847319, Chinderah

53A Subdivision of Lot 32, DP 847319, Chinderah

(1) Objectives This clause aims—

(a) to ensure that any subdivision of the land to which this clause applies takes into consideration localised flooding within the area, and

(b) to ensure that any such subdivision recognises the importance of the area as a gateway to the Kingscliff locality.

(2) This clause applies to land situated in the local government area of Tweed, Chinderah Road, Chinderah, as shown edged heavy black and distinctly coloured on the map marked “Tweed Local Environmental Plan 2000 (Amendment No 14)”.

(3) The consent authority must not grant consent to the subdivision of the land to which this clause applies unless it has considered a structure plan that—

(a) has been available for inspection at the office of the Council since it was adopted by the Council, and

(b) makes recommendations for development of the land that takes into account—

(i) the strategic importance of the land and the need to provide a gateway between the Tweed Coast to the south and Tweed Heads and South Tweed to the north, and

(ii) urban design principles consistent with the Coastal Design Guidelines for NSW (UDAS 2003) published by the Coastal Council of New South Wales.

(4) The structure plan must also make recommendations regarding—

(a) the location of, and setbacks from, the proposed east-west connector road, and

(b) the appropriate density of future development, particularly in relation to the provisions of Section A3—Development of Flood Liable Land of Tweed Development Control Plan, and

(c) land use buffers relating to adjoining environmental protection areas and adjoining residential areas (existing and proposed).

cl 53A: Ins 6.8.2004. Am 2007 (157), Sch 1 [8].

53B Height restrictions—Coast Road, South Kingscliff

53B Height restrictions—Coast Road, South Kingscliff

(1) This clause applies to Lots 194, 301 and 312, DP 755701, Coast Road, South Kingscliff, as shown edged heavy black on the map marked “Tweed Local Environmental Plan 2000 (Amendment No 67)”.

(2) Despite any other provision of this plan, in particular clause 16, consent must not be granted to the erection of a building on the land to which this clause applies if the building exceeds the following maximum height limit for the following kind of buildings—

(a) 2 storeys—single dwelling houses, integrated housing or multi-dwelling housing (but only if there are no more than 2 dwellings on any single allotment of land),

(b) 3 storeys—any kind of building not referred to in paragraph (a).

cl 53B: Ins 2006 (18), Sch 1 [2].

53C Seaside City

53C Seaside City

(1) This clause applies to land known as Seaside City as shown edged heavy black and coloured on the map marked “Tweed Local Environmental Plan 2000 (Amendment No 3)”.

(2) This clause aims—

(a) to ensure that development of the land to which this clause applies is undertaken within an appropriate planning framework, and

(b) to ensure that relevant environmental issues are considered before consent is granted to development of the land, and

(c) to facilitate the development of the land having regard to the subdivision and ownership patterns of the land.

(3) Despite the Table to clause 11, development for the purposes of a dwelling or a dual occupancy may be carried out with consent on land to which this clause applies.

(4) Development must not be carried out on land to which this clause applies unless a development control plan has been prepared for the land.

Note.

See clause 39 in relation to the issue of contaminated land.

(5) The development control plan referred to in subclause (4) must address the following matters—

(a) proposed land uses, including the proposed location of areas to be left in their natural state, tourist facilities, residential uses, commercial premises, recreation facilities and community buildings,

(b) proposed infrastructure,

(c) principles relating to the design of proposed development, including the concept of ‘sense of place’, the character of proposed development and the layout of proposed lots,

(d) the provision of an environmental buffer (in which no development is to occur except as provided in paragraphs (e) and (f)) to ensure the protection of any part of the following land that adjoins, or is within, land to which this clause applies—

(i) land identified as “coastal wetlands” on the Coastal Wetlands and Littoral Rainforests Area Map, within the meaning of State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 2, or

(ii) Cudgen Creek,

(e) the rehabilitation of land within the environmental buffer referred to in paragraph (d), including by the planting of coastal banksia and other species of plants,

(f) the provision of recreational cycle and pedestrian networks on the land, incorporating dual use pedestrian and cycle paths, including any such path within the environmental buffer referred to in paragraph (d) (other than any path located less than 25 metres from the boundaries of Cudgen Creek),

(g) the management of traffic issues relating to development of the land to which this clause applies, including—

(i) proposed road corridors and road connections to adjoining land, and

(ii) the provision of public car parking spaces within Zone 2 (e), and

(iii) indicative public transport routes,

(h) the management of stormwater run-off resulting from development of the land to which this clause applies, including measures that are consistent with the Tweed Urban Stormwater Quality Management Plan, to minimise any adverse effects from stormwater run-off on any of the following—

(i) Cudgen Creek,

(ii) land to which SEPP 14 applies,

(iii) Crown Reserve 1001008 (comprising Lot 500, DP 727420),

excluding the provision of any stormwater detention ponds or pollution traps within the environmental buffer referred to in paragraph (d),

(i) the impact of land form on requirements for trunk drainage,

(j) the management of any soil erosion and sedimentation resulting from the development of the land to which this clause applies,

(k) the management of any acid sulfate soils on the land to which this clause applies,

(l) the management of any bush fire issues relating to the land (including development of the land) to which this clause applies,

(m) the management of any adverse impact of development on the land to which this clause applies on Crown Reserve 1001008 (comprising Lot 500, DP 727420),

(n) access to the coastal foreshore,

(o) measures to avoid any adverse impact of development on the land to which this clause applies on nesting or hatching of threatened species of turtles on land that adjoins the land to which this clause applies and on the Queensland blossom bat.

cl 53C: Ins 2006 (608), Sch 1 [1]. Am 2018 (106), Sch 2.23 [2]; 2022 (72), Sch 1.60[1].

53D Specific provisions for Terranora Urban Release Area E

53D Specific provisions for Terranora Urban Release Area E

(1) This clause applies to the land known as Terranora Urban Release Area (Area E), as shown edged heavy black and coloured on the map marked “Tweed Local Environmental Plan 2000 (Amendment No 10)”.

(2) The object of this clause is—

(a) to ensure a development control plan has been developed for the land to which this clause applies to avoid ad hoc development, and

(b) to ensure that issues relating to contaminated land are dealt with to a sufficient level to meet the requirements of State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 4, and

(c) to ensure that any wetlands in the area are restored and protected and breeding habitat for salt water mosquitoes and biting midges is minimised, and

(d) to ensure that the management of urban stormwater is consistent with the Tweed Urban Stormwater Quality Management Plan adopted by Council, and

(e) in respect of subclause (5), to require assistance towards the provision of the following infrastructure, facilities and services to satisfy needs that arise from development on land to which this clause applies, but only if the land is developed intensively for urban purposes—

(i) regional transport infrastructure,

(ii) education facilities and services provided by the State,

(iii) health facilities and services provided by the State,

(iv) facilities and services provided by the State for the purposes of emergency services.

(3) The consent authority must not consent to development on land to which this clause applies unless it is satisfied that—

(a) a development control plan has been prepared for the land, and

(b) any contaminated land has been identified to the extent necessary to allow for the appropriate location of sensitive land uses, and

(c) any wetland on the land will be restored and managed to the consent authority’s satisfaction to restore freshwater wetland values and minimise breeding habitat for saltwater mosquitoes and biting midges, and

(d) the development will generally comply with the Tweed Urban Stormwater Quality Management Plan as adopted by the Council on 19 April 2000.

(4) The consent authority is not to consent to subdivision of land to which this clause applies or to other development on that land unless the consent authority is satisfied that—

(a) any likely contaminants within the soil, surface water and groundwater as a result of previous land uses have been identified, and

(b) an effective testing regime has been implemented, that takes into account the hydrology of the land, to identify hotspots of contamination in accordance with any relevant guidelines issued by a government department or public authority, and

(c) appropriate thresholds and criteria have been used in the assessment of any potential contamination, and

(d) any contamination of the land does not pose a significant threat to human health or the environment, and

(e) if contamination has been identified, an adequate monitoring program will be implemented in relation to the contamination of the land.

Note.

State Environmental Planning Policy (Resilience and Hazards) 2021, section 4.6 sets out other matters that must be taken into account by a consent authority.

(5) Despite any other provision of this plan, the consent authority must not grant consent to the subdivision of land to which this clause applies, that is within Zone No 2 (c), if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the commencement of this clause, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of infrastructure, facilities and services referred to in subclause (2) (e) in relation to that lot.

(6) Subclause (5) does not apply—

(a) to any lot in a region within the meaning of the Act, Division 7.1, Subdivision 4, or

(b) to any lot identified in the certificate as a residue lot, or

(c) to any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utilities, educational facilities, or any other public purpose, or

(d) to a subdivision for the purpose only of rectifying an encroachment on any existing allotment.

(7) State Environmental Planning Policy No 1—Development Standards does not apply to development for the purposes of subdivision on land to which this clause applies.

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

cl 53D: Ins 2007 (525), Sch 1 [1]. Am 2022 (72), Sch 1.60[2] [3]; 2023 (554), Sch 2.41.

53E Specific provisions for Seabreeze Estate—Stage 2

53E Specific provisions for Seabreeze Estate—Stage 2

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

(a) to allow for future urban development and the conservation of ecological and riparian corridors and areas of visual significance on land to which this clause applies,

(b) to ensure that development on the land to which this clause applies occurs in a logical and cost-effective manner, in accordance with a staging plan and only after a development control plan that includes specific controls has been prepared for the land.

(2) This clause applies to land fronting Seabreeze Boulevard, Pottsville, as shown coloured scarlet and lettered “2 (a)” and coloured orange and lettered “7 (l)” and identified as “Seabreeze Estate ‘Stage 2’” on the map marked “Tweed Local Environmental Plan 2000 (Amendment No 69)”.

(3) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that any of the following services that are essential for the proposed development are available or that adequate arrangements have been made to make the infrastructure available when it is required—

(a) the supply of water,

(b) the supply of electricity,

(c) the disposal and management of sewage,

(d) suitable road access.

(4) This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure referred to in this clause.

(5) Development consent must not be granted for development on land to which this clause applies unless a development control plan that provides for the matters specified in subclause (6) has been prepared for the land.

(6) The development control plan must provide for all of the following—

(a) a staging plan for the timely and efficient release of urban land making provision for necessary infrastructure and sequencing,

(b) an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,

(c) an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,

(d) a network of passive and active recreational areas,

(e) stormwater and water quality management controls,

(f) appropriate provision for the removal and disposal of sewage,

(g) amelioration of natural and environmental hazards, including bush fire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected,

(h) detailed urban design controls for significant development sites,

(i) measures to encourage higher density living around transport, open space and service nodes,

(j) measures to accommodate and control appropriate neighbourhood commercial and retail uses,

(k) suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.

(7) Subclause (6) does not apply to any of the following development—

(a) a subdivision for the purpose of a realignment of boundaries that does not create additional lots,

(b) a subdivision of land if any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environmental protection purpose,

(c) a subdivision of land in a zone in which the erection of structures is prohibited,

(d) proposed development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the proposed development would be consistent with the objectives of the zone in which the land is situated.

cl 53E: Ins 2010 (778), Sch 1 [1].

53F Cobaki Lakes—subdivision in Zone 2 (c)

53F Cobaki Lakes—subdivision in Zone 2 (c)

(1) This clause applies to land known as Cobaki Lakes, as shown edged red, coloured scarlet and lettered “2 (c)” on the map marked “Tweed Local Environmental Plan 2000 (Environmental Planning and Assessment Act 1979—Section 75R(3A) Order 2011) Cobaki Lakes Land Zoning Map”.

(2) Development consent may be granted for the subdivision of land to which this clause applies for the erection of a dwelling house if the area of each lot created is at least 120 square metres.

cl 53F: Ins 2011 (157), cl 3 (1).