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)—
| • 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)—
• 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 |
• 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)—
| • 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)—
• 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)—
| • 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)—
| • 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)—
• 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