Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
This Plan governs land use across Wingecarribee, setting environmental, heritage, housing and economic aims and replacing earlier local plans (cl 1.3, cl 1.8). The Council is the consent authority (cl 1.6). It imposes permit requirements and notification steps for development affecting heritage and Aboriginal places (cl 5.10), and prescribes technical rules and conservation exclusion zones for pond- and tank-based aquaculture (Schedule 6, cl. 5.19). Applicants carry compliance costs; public bodies (Heritage Council, local Aboriginal communities) must be notified in some cases.
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Direct links to the current provisions in Wingecarribee Local Environmental Plan 2010.
Part 1 Preliminary
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
RU4 Primary Production Small Lots
Residential Zones
R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
Employment Zones
E1 Local Centre
E3 Productivity Support
E4 General Industrial
E5 Heavy Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
cl 2.1: Am 2022 (857), Sch 1.8[1].
cl 2.6BB: Am 2010 (554), cl 4 (1).
Land Use Table
Note—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
State Environmental Planning Policy (Primary Production) 2021, Chapter 2
Land Use tbl: Am 2010 (554), cl 4 (2)–(5); 2011 (363), Sch 27 [4]–[43]; 2013 (319), cl 4; 2013 (596), Sch 1 [1]–[10]; 2014 No 33, Sch 2.46 [1]; 2017 (493), Sch 1.1 [1] [2]; 2018 (382), Sch 1 [1]–[3]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2020 (709), Sch 1[2] [3]; 2022 (314), Sch 1; 2022 (857), Sch 1.8[2]; 2023 (458), Sch 2.86; 2025 (319), Sch 1[1]; 2026 (7), Sch 1.
Zone RU1 Primary Production
Zone RU2 Rural Landscape
Zone RU3 Forestry
Zone RU4 Primary Production Small Lots
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone R5 Large Lot Residential
Zone E1 Local Centre
Zone E3 Productivity Support
Zone E4 General Industrial
Zone E5 Heavy Industrial
Zone MU1 Mixed Use
Zone SP1 Special Activities
Zone SP2 Infrastructure
Zone SP3 Tourist
Zone RE1 Public Recreation
Zone RE2 Private Recreation
Zone C1 National Parks and Nature Reserves
Zone C2 Environmental Conservation
Zone C3 Environmental Management
Zone C4 Environmental Living
3 Permitted with consent
Agriculture; Airstrips; Animal boarding or training establishments; Aquaculture; Artisan food and drink industries; Bed and breakfast accommodation; Cellar door premises; Community facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Health consulting rooms; Helipads; Home businesses; Home industries; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Landscaping material supplies; Open cut mining; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Roads; Rural industries; Secondary dwellings; Signage
4 Prohibited
Any development not specified in item 2 or 3
Part 3 Exempt and complying development
Part 4 Principal development standards
Part 5 Miscellaneous provisions
5.1 Land acquisition within certain zones
(1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note.
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
| Type of land shown on Map | Authority of the State | | Zone RE1 Public Recreation and marked “Local open space” | Council | | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act | | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW | | Zone SP2 Infrastructure and marked “Local road” | Council | | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |
Note.
If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning is required to take action to enable the designation of the acquiring authority under this clause. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991).
(3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
Part 6 Urban release areas
6.1 Arrangements for designated State public infrastructure
(1) The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.
(2) Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.
(3) Subclause (2) does not apply to—
(a) any lot identified in the certificate as a residue lot, or
(b) any lot to be created by a subdivision of land that was the subject of a previous development consent granted in accordance with this clause, or
(c) any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or
(d) a subdivision for the purpose only of rectifying an encroachment on any existing lot, or
(e) an urban release area for which a planning agreement was adopted or other satisfactory arrangement made before the commencement of this Plan.
(4) This clause does not apply to land in an urban release area if all or any part of the land is in a region within the meaning of the Act, Division 7.1, Subdivision 4.
cl 6.1: Am 2011 (363), Sch 27 [52]; 2019 (621), Sch 5[5]; 2023 (554), Sch 1.
Part 7 Additional local provisions
7.1 Development on existing lots in Zones R2, R3 and R5
(1) This clause applies to lots in Zone R2 Low Density Residential, Zone R3 Medium Density Residential and R5 Large Lot Residential that were created before the commencement of this Plan and—
(a) have an area that is at least the minimum lot size specified for that lot on the Lot Size Map, or
(b) on which the erection of a dwelling house was permissible immediately before that commencement, or
(c) if located in Zone R2 Low Density Residential at Hill Top, have—
(i) an area of not less than 700 square metres, and
(ii) a width of not less than 20 metres at the front alignment of the dwelling house, or
(d) if located in R5 Large Lot Residential west of Cumberteen Street, Hill Top, have an area of not less than 4,000 square metres.
(2) Despite any other provision of this Plan, development consent may be granted for the erection of a dwelling house, dual occupancy development or multi dwelling housing on a lot to which this clause applies, if the development is permissible with consent on the land.
(3) Development consent may only be granted under this clause for development on lots referred to in subclause (1)(d) if the lots, in the opinion of the consent authority, are suitable for such a purpose having regard to—
(a) the availability of vehicular access to the land, and
(b) the availability of public utility services to the land, and
(c) the physical, geotechnical, drainage, flooding and bush fire risk characteristics of the land.
Schedule 1 Additional permitted uses
(Clause 2.5)
Note.
The land on which the following additional permitted uses are permitted is shown on the Schedule 1 Map and edged in red and numbered as indicated for the following clause numbers.
sch 1: Am 2011 (363), Sch 27 [53] [54]; 2012 (420), Sch 1 [3]–[9]; 2014 (458), cl 5; 2014 (477), cl 5; 2014 (702), cl 5; 2017 (148), cl 5 (1); 2017 (493), Sch 1.2 [1]; 2019 (153), cl 5; 2019 (447), Sch 1; 2019 (566), Sch 1; 2020 (619), cl 5; 2020 (768), cl 5; 2022 (572), cl 5; 2022 (857), Sch 1.8[12] [13]; 2025 (319), Sch 1[3].
1AA Use of certain land at Compton Park Road, Berrima
(1) This clause applies to part of the land known as Round Hill, 341 Compton Park Road, Berrima, being Lot 100, DP 1006276.
(2) Development for the purposes of recreation facilities (indoor) and tourist and visitor accommodation is permitted with consent.
1A Use of certain land at Old Hume Highway, Berrima
(1) This clause applies to part of 3483 Old Hume Highway, Berrima, being Lots 10–14 and 17, Section 40, DP 758098.
(2) Development for the purposes of a vehicle repair station is permitted with consent.
4A (Repealed)
8 Use of certain land at Moss Vale Road, Burradoo
(1) This clause applies to land at the corner of Charlotte Street and Moss Vale Road, Burradoo, being Lot 1, DP 793738 and Lots 1 and 8, Section A, DP 2144.
(2) Development for the purposes of seniors housing is permitted with consent.
9 Use of certain land at Tugalong Road, Canyonleigh
(1) This clause applies to land at Tugalong Road, Canyonleigh, being Lot 100, DP 1049040.
(2) Development for the purposes of animal boarding or training establishments, tourist and visitor accommodation and associated uses is permitted with consent.
(3) Development for the purposes of a community scheme for a tourist facility and associated uses that include the subdivision of land for the following is permitted with consent—
(a) community association common property lots with a minimum lot size of 5 ha,
(b) 60 private lots for individual detached guest accommodation units with a minimum lot size of 1 ha.
10 Use of certain land at Tugalong Road, Canyonleigh
(1) This clause applies to land at Tugalong Road, Canyonleigh, being Lot 1, DP 852803.
(2) Development for the purposes of a centre-based child care facility, health services facility, office premises (for the purposes of a real estate office), restaurant or cafe, shop (for the provision of beauty and hair salon) and shop (for the sale of wine and produce) is permitted with consent.
11 Use of certain land at Drapers Road, Colo Vale
(1) This clause applies to land at Drapers Road, Colo Vale, being Lot 2, DP 700350.
(2) Development for the purposes of a dwelling house is permitted with consent.
12 Use of certain land at Kangaloon Road, Glenquarry
(1) This clause applies to land at Kangaloon Road, Glenquarry, being Lot 1, DP 787665.
(2) Development for the purposes of a dwelling house is permitted with consent.
13 Use of certain land at Wattle Ridge Road, Hill Top
(1) This clause applies to land at Wattle Ridge Road, Hill Top, being Lot 104, DP 751271.
(2) Development for the purposes of a 2 lot subdivision with a single dwelling house on each lot is permitted with consent.
14 Use of certain land at Joadja Road, Joadja
(1) This clause applies to land at Joadja Road, Joadja, being Lots 122–124 and 126–131, DP 751276.
(2) Development for the purposes of intensive livestock agriculture being a piggery and associated waste management and disposal activities is permitted with consent.
15 Use of certain land at Joadja Road, Joadja
(1) This clause applies to land at Joadja Road, Joadja, being Lots 138–141, 173, 182 and 183, DP 751276.
(2) Development for the purposes of intensive livestock agriculture being the disposal of waste, composted material and effluent from Boen Boe piggery activities is permitted with consent.
16 Use of certain land at Old Hume Highway, Mittagong
(1) This clause applies to land at Melrose Motel, Old Hume Highway, Mittagong, being Lot 11, DP 621435.
(2) Development for the purposes of hotel or motel accommodation and shops is permitted with consent.
17 Use of certain land at Old Hume Highway, Mittagong
(1) This clause applies to land at Mittagong Motel, Old Hume Highway, Mittagong, being Lots 1–3, Section 12, DP 1031364.
(2) Development for the purposes of hotel or motel accommodation is permitted with consent.
18 Use of certain land at Picton-Mittagong Loop Line
(1) This clause applies to land at Picton-Mittagong, being part of the Picton-Mittagong Loop Line adjacent to the eastern side of Lot 172, DP 751267 and Lots 7310 and 7311, DP 1145892.
(2) Development for the purposes of extractive industries is permitted with consent.
19 Use of certain land at Argyle Street, Moss Vale
(1) This clause applies to land at 609 Argyle Street, Moss Vale, being Lot 1, DP 531671.
(2) Development for the purposes of a service station and food and drink premises is permitted with consent.
20 Use of certain land at Elizabeth Street, Moss Vale
(1) This clause applies to land at Elizabeth Street, Moss Vale, being Lot 1, DP 1003729.
(2) Development for the purposes of office premises is permitted with consent.
20A Use of certain land at Spring Street, Moss Vale
(1) This clause applies to land at 18 Spring Street, Moss Vale, being Lot 90, DP 751253.
(2) Development for the purposes of a shop is permitted with consent.
21 Use of certain land at Moss Vale Industrial Corridor
(1) This clause applies to land known as the Moss Vale Industrial Corridor, edged red on the Schedule 1 Map and numbered 21.
(2) Development for the purposes of tourist and visitor accommodation is permitted with consent.
21A Use of certain land at Bowman Road, Moss Vale
(1) This clause applies to Lot 2, DP 1249526, 1 Bowman Road, Moss Vale, identified as “21A” on the Schedule 1 Map.
(2) Development for the purposes of business premises is permitted with development consent.
22 (Repealed)
23 Use of certain land known as Renwick Urban Release Area
(1) This clause applies to land known as the Renwick Urban Release Area, edged red on the Schedule 1 Map and numbered 23.
(2) Development for the following purposes is permitted with consent—
(a) on land in Zone R5 Large Lot Residential—exhibition villages,
(b) on land in Zone E1—exhibition homes or exhibition villages.
24 Use of certain land at Illawarra Highway, Robertson
(1) This clause applies to land at Corner Illawarra Highway and East Street, Robertson, being Lots 5 and 6, DP 805522.
(2) Development for the purposes of landscaping material supplies and a plant nursery is permitted with consent.
25 Use of certain land at Vandenberg Road, Robertson
(1) This clause applies to land at Vandenberg Road, Robertson, being Lots 52–57, DP 30332.
(2) Development for the purposes of a dwelling house is permitted with consent.
26 Use of certain land at Hume Highway, Sutton Forest
(1) This clause applies to land at Sutton Forest Service Centre, Hume Highway, being Lots 7 and 10, DP 811912 and Lot 12 and part of Lot 11, DP 857127.
(2) Development for the purposes of a caravan park (with holiday cabins), highway service centre, hotel or motel accommodation, information and education facility, markets, neighbourhood shop and recreation area is permitted with consent.
27 Use of certain land at Illawarra Highway, Sutton Forest
(1) This clause applies to land at Illawarra Highway, Sutton Forest, being Lot 1, DP 64663.
(2) Development for the purposes of hotel or motel accommodation and function centre is permitted with consent.
28 Use of certain land at Old Hume Highway, Welby
(1) This clause applies to the following land at Old Hume Highway, Welby—
(a) Lots 1, 2, 3, 8, 9 and 10, Section 6, DP 759070,
(b) Lot 1, DP 1006005,
(c) Lot 2, DP 1019107.
(2) Development for the following purposes is permitted with development consent—
(a) community facilities,
(b) garden centres,
(c) landscaping material supplies,
(d) light industries,
(e) plant nurseries.
29 Use of certain land at Bresnahans Lane, Wildes Meadow
(1) This clause applies to land at Bresnahans Lane, Wildes Meadow, being Lot 3, DP 1015257.
(2) Development for the purposes of a dwelling house is permitted with consent.
30 Use of part road reserve, Hume Highway, Yerrinbool
(1) This clause applies to part road reserve, Hume Highway, Yerrinbool, being Lots 15 and 17, DP 245509, Lot 7311, DP 1147309 and part of Lot 171, DP 751267.
(2) Development for the purposes of extractive industries is permitted with consent.
31 Use of certain land at Cliff Street, Bowral
(1) This clause applies to land at 2A Cliff Street, Bowral, being Lot 50, DP 556644.
(2) Development for the purposes of a subdivision to create not more than 2 lots is permitted with consent.
32 Use of certain land at Wilson Drive, Hill Top
(1) This clause applies to land at 2 Wilson Drive, Hill Top, being Lot 109, DP 664112.
(2) Development for the purposes of a dwelling house is permitted with consent.
33 Use of certain land at Nathan Street, Berrima (Lots 55–58, DP 751252)
(1) This clause applies to land at Nathan Street, Berrima, being Lots 55–58, DP 751252.
(2) Development for the purposes of a dwelling house is permitted with consent, but only if the consent authority is satisfied that—
(a) the relevant development application provides for the amalgamation of the land to which this clause applies into 1 lot, and
(b) no more than 1 dwelling house will be erected on the amalgamated lot.
34 Use of certain land at Nathan Street, Berrima (Lots 59, 60 and 64, DP 751252)
(1) This clause applies to land at Nathan Street, Berrima, being Lots 59, 60 and 64, DP 751252.
(2) Development for the purposes of a dwelling house is permitted with consent, but only if the consent authority is satisfied that no more than 1 dwelling house will be erected on each lot.
35 Use of certain land at Odessa Street, Berrima
(1) This clause applies to land at Odessa Street, Berrima, being Lots 194, 195, 198–200, 202–211, 213 and 214, DP 751252 and Lot 212, DP 1095845.
(2) Development for the purposes of a dwelling house is permitted with consent, but only if the consent authority is satisfied that—
(a) in the case of development on land comprising Lots 194, 195, 198–200 and 202–207, DP 751252—
(i) the relevant development application provides for the amalgamation of that land into 2 lots, and
(ii) no more than 1 dwelling house will be erected on each amalgamated lot, and
(b) in the case of development on land comprising Lots 208–211, 213 and 214, DP 751252 and Lot 212, DP 1095845—
(i) the relevant development application provides for the amalgamation of that land into 2 lots, and
(ii) no more than 1 dwelling house will be erected on each amalgamated lot.
36 Use of certain land at Wiseman Road senior housing site
(1) This clause applies to land known as the Wiseman Road senior housing site, edged red on the Schedule 1 Map and numbered 36.
(2) Development for the purposes of seniors housing is permitted with consent.
37 Use of certain land at 2 Park Avenue, Aylmerton
(1) This clause applies to land at 2 Park Avenue, Aylmerton, being Lot 2, DP 854905.
(2) Development for the purposes of a dwelling house is permitted with consent.
Schedule 2 Exempt development
(Clause 3.1)
Note 1.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2.
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
sch 2: Am 2011 (363), Sch 27 [55]; 2025 (53), Sch 1.
Cemeteries or burial grounds
(1) Development must only involve—
(a) the creation of a new grave or monument, or
(b) an excavation or disturbance of land for the purpose of carrying out the conservation or repair of a monument or grave marker.
(2) Must not disturb human remains, relics in the form of grave goods or an Aboriginal place of heritage significance.
Lighting (external)
(1) Must not be for the lighting of tennis courts or sports fields.
(2) Must not cause glare to adjoining properties or streets.
Public events
Use of public land (including a public reserve or public road) for public events, including stalls, meetings, exhibitions, entertainment or similar community, cultural or commercial purposes—
(a) proposed event must be consistent with any applicable plan of management under the Local Government Act 1993 for the land,
(b) development must be carried out in accordance with a licence or hire agreement granted by the Council,
(c) must not involve the provision of overnight accommodation,
(d) if carried out on bush fire prone land—must be carried out in accordance with a bush fire emergency management and evacuation plan for the event that is consistent with Development planning—A guide to developing a Bush Fire Emergency Management and Evacuation Plan, published by the NSW Rural Fire Service in December 2014.
Wind monitoring towers
(1) Must be a temporary structure that is removed within 30 months of being erected.
(2) Maximum height—110m.
(3) Must not be erected within 1km of a school.
(4) Must not be erected within 1km of a dwelling (except with the prior consent in writing of the owner of the dwelling).
(5) Must not be erected within 100m of a public road.
(6) Must not be erected within 1km of another wind monitoring tower.
(7) Must not be erected within 500m of an item that is listed on the State Heritage Register under the Heritage Act 1977.
(8) Must be erected in accordance with the manufacturer’s specifications.
(9) Site must be enclosed by a fence that prevents unauthorised persons from entering the site.
Schedule 3 Complying development
(Clause 3.2)
Note.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
sch 3: Am 2011 (363), Sch 27 [56].
Recreation facilities (tennis courts)
(1) Must be on land on which a dwelling house is erected.
(2) Must only be for private use.
(3) Must be set back at least 2m from each property boundary.
(4) Must be located behind the building line.
(5) Maximum height of perimeter protective netting or wire—3m above ground level (existing).
(6) Must not be illuminated.
(7) Must be constructed so that it drains directly into the constructed on-site stormwater drainage system.
(8) Perimeter protective netting must be installed in accordance with the manufacturer’s specifications.
Recreation facilities (hit-up walls)
(1) Must be on land on which a dwelling house is erected.
(2) Must only be for private use.
(3) Must be set back at least 2m from each property boundary.
(4) Must be located behind the building line.
(5) Bulk and scale—
(a) maximum height—3m above ground level (existing),
(b) maximum length—7m.
(6) Must not be illuminated.
(7) Paved area associated with the wall must be constructed so that it drains directly into the constructed on-site stormwater drainage system.
(8) Perimeter protective netting must be installed in accordance with the manufacturer’s specifications.
(9) The window of any habitable room of a dwelling house, a clothes drying area or designated barbecue, playground or primary recreation area, including a swimming pool, located on adjoining land must not be in the shadow of the development between 10.00 am and 3.00 pm on 21 June.
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
sch 4: Am 2013 (185), cl 4 (1) (2); 2014 (830), Sch 1 [1]; 2015 (366), cl 4; 2015 (581), cl 5; 2016 (12), cl 5; 2016 (41), cl 5; 2020 (652), cl 5; 2021 (804), cl 5.
Schedule 5 Environmental heritage
(Clause 5.10)
sch 5: Am 2011 (446), Sch 1; 2014 (611), cl 5; 2017 (74), Sch 1 [1]–[5]; 2017 (148), cl 5 (2); 2020 (653), Sch 1[2] [3]; 2021 (267), cl 5(3); 2021 (580), cl 5; 2022 (665), cl 5(2).
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Division 1 Site location requirements
Division 2 Operational requirements
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1.1 Name of Plan
This Plan is Wingecarribee Local Environmental Plan 2010.
1.1AA Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in Wingecarribee in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
(2) The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to conserve and enhance, for current and future generations, the ecological integrity, environmental heritage and environmental significance of Wingecarribee,
(b) to maintain Wingecarribee’s original settlement pattern of towns and villages dispersed throughout a rural and native vegetation landscape,
(c) to encourage the efficient use and development of urban land, minimising the spread of urban areas into rural and native vegetation environments, thereby increasing the accessibility of the population to urban facilities and services,
(d) to provide opportunities for development and land use activities that—
(i) make an effective contribution towards the economic wellbeing of the community in a socially and environmentally responsible manner, and
(ii) do not adversely impact on natural systems and processes and the overall quality of Wingecarribee’s natural environment, and
(iii) retain the critical natural, rural and built environmental landscape elements that make up the scenic and cultural heritage value of Wingecarribee,
(e) to provide opportunities for a range of new housing and housing choice in locations that have good access to public transport, community facilities and services, retail and commercial services and employment opportunities, including opportunities for the provision of adaptable and affordable housing,
(f) to provide for a range of living opportunities that address differing lifestyle needs without compromising the environmental quality of Wingecarribee, and the value of its natural resources such as water, biodiversity and agricultural land,
(g) to strengthen the viability of Wingecarribee’s business centres as central places for investment, employment and cultural activity, and encourage a majority of future housing opportunities to be located in relatively close proximity to those centres,
(h) to promote the economic wellbeing of the community in a socially and environmentally responsible way, focusing new employment growth at identified employment hubs like business centres and enterprise zones that can be better accessed by public and private transport,
(i) to protect the primary production potential of suitable rural land, and prevent the fragmentation of agricultural holdings,
(j) to conserve the Aboriginal and European cultural and environmental heritage of Wingecarribee,
(k) to protect areas of high scenic landscape value,
(l) to develop an ecologically sustainable future for Wingecarribee through the conservation, rehabilitation and regeneration of native vegetation (particularly threatened species populations and ecological communities), soil, waterways, riparian land and water quality (surface and groundwater),
(m) to prevent loss of life and property by bush fires, by discouraging the establishment of incompatible uses in bush fire prone areas and incorporating as part of compatible developments protective measures that minimise bush fire risk without unacceptable environmental degradation,
(n) to provide for a range of sustainable development opportunities in harmony with recreation and lifestyle choices, emerging markets and changes in technology, and capitalise on Wingecarribee’s regional distinctiveness and existing tourism asset base,
(o) to ensure that extractive resources and mineral deposits are not rendered sterile by future development, but at the same time ensuring that subsequent extraction, open cut mining and transportation activities are undertaken in a way that maintains residential amenity,
(p) to protect and enhance waterways, riparian land and water quality in the drinking water catchments of Wingecarribee.
cl 1.2: Am 2011 (363), Sch 27 [1].
1.3 Land to which Plan applies
This Plan applies to the land identified on the Land Application Map.
1.4 Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5 Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7 Maps
(1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(1AA) (Repealed)
(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4) For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
1.8 Repeal of planning instruments applying to land
(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
Note.
The following local environmental plans are repealed under this provision—
Wingecarribee Local Environmental Plan 1989
(2) All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
(3) (Repealed)
cl 1.8: Am 2011 (363), Sch 27 [2]; 2016 (310), Sch 4.37.
1.8A Savings provisions relating to development applications
(1) If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
Note.
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
(2) If a development application has been made before the commencement of Wingecarribee Local Environmental Plan 2010 (Amendment No 53) in relation to land to which that Plan applies and the application has not been finally determined before that commencement, the application must be determined as if that Plan had not commenced.
(3) An amendment made to this Plan by Wingecarribee Local Environmental Plan 2010 (Amendment No 56) does not apply to a development application made but not finally determined before the commencement of the amendment.
(4) An amendment made to this Plan by Wingecarribee Local Environmental Plan 2010 (Amendment No 58) does not apply to a development application made but not finally determined before the commencement of the amendment.
(5) An amendment made to this Plan by Wingecarribee Local Environmental Plan 2010 (Amendment No 65) does not apply to a development application made but not finally determined before the commencement of the amendment.
cl 1.8A: Am 2019 (621), Sch 5[1]; 2020 (341), Sch 1[1]; 2020 (653), Sch 1[1]; 2021 (267), cl 5(1) (2); 2022 (665), cl 5(1).
1.9 Application of SEPPs
(1) This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
(2) The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
1.9A Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2) This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
(3) This clause does not affect the rights or interests of any public authority under any registered instrument.
(4) Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2011 (363), Sch 27 [3]; 2019 (621), Sch 5[2]–[4].
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
RU4 Primary Production Small Lots
Residential Zones
R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
Employment Zones
E1 Local Centre
E3 Productivity Support
E4 General Industrial
E5 Heavy Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
cl 2.1: Am 2022 (857), Sch 1.8[1].
cl 2.6BB: Am 2010 (554), cl 4 (1).
2.2 Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3 Zone objectives and Land Use Table
(1) The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3) In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4) This clause is subject to the other provisions of this Plan.
Notes.
1
Schedule 1 sets out additional permitted uses for particular land.
2
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
3
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4
Clause 2.6 requires consent for subdivision of land.
5
Part 5 contains other provisions which require consent for particular development.
2.4 Unzoned land
(1) Development may be carried out on unzoned land only with development consent.
(2) In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoinin
This is an opening excerpt, not the complete document.