New South Wales Consolidated Regulations

BOURKE LOCAL ENVIRONMENTAL PLAN 1998 - REG 10

10 Zone objectives and development control table

(1) The objectives of a zone are set out in the Table to this clause under the heading “Objectives of the zone” appearing in the matter relating to the zone.

(2) Except as otherwise provided by this plan, in relation to land within a zone specified in the Table to this clause, the development (if any) that:

(a) may be carried out without development consent, and

(b) may be carried out only with development consent, and

(c) is prohibited,

is specified under the headings “Without development consent”, “Only with development consent” and “Prohibited”, respectively, appearing in the matter relating to the zone.

(3) Except as otherwise provided by this plan, the Council must not grant consent to the carrying out of development on land to which this plan applies unless the Council is of the opinion that the carrying out of the development is consistent with the objectives of the zone in which the development is proposed to be carried out.

Table

Zone No 1 (a) (Rural Zone)

1 Objectives of the zone The objective of the zone is to promote the proper management and utilisation of resources by:

(a) protecting, enhancing and conserving:

(i) agricultural land in a manner which sustains its efficient and effective agricultural production potential, and

(ii) soil stability by controlling and locating development in accordance with soil and land capability, and

(iii) forests of existing and potential commercial value for timber production, and

(iv) valuable deposits of minerals, coal, petroleum and extractive materials by controlling the location of development for other purposes in order to ensure the efficient extraction of those deposits, and

(v) trees and other native vegetation on environmentally sensitive land where the conservation of the vegetation is significant to scenic amenity, recreation and protected and threatened species, populations and ecological communities or their habitats (including corridors) or is likely to control land degradation, and

(vi) water resources for use in the public interest, and

(vii) areas of significance for nature conservation, including areas with rare, threatened and protected plant species, populations and ecological communities (including native grasslands), wetlands and significant wildlife habitats and corridors, and

(viii) heritage items and items of archaeological significance, and

(b) preventing the unjustified development of prime crop and pasture land for land uses other than agriculture, and

(c) facilitating farm adjustments, and

(d) minimising the cost to the community of:

(i) fragmented and isolated development of rural land, and

(ii) providing, extending and maintaining public amenities and services, and

(e) restricting the type and scale of development in areas likely to be inundated by a 1 in 100 year flood to that which is compatible with the anticipated risk to life and property and to allow such development only where it is unlikely:

(i) to significantly reduce the capacity of a flood plain as a temporary storage of flood waters during the passage of a flood, or

(ii) to lead to a significant increase in flood damage.

2 Without development consent Development for the purpose of:

agriculture (other than intensive livestock keeping establishments and irrigated agriculture); farm buildings; forestry (other than pine plantations).

3 Only with development consent Any development not included in item 2 or 4.

4 Prohibited Development for the purpose of:

brothels; motor showrooms; residential flat buildings; shops (other than general stores).

Zone No 1 (c) (Rural Small Holdings Zone)

1 Objectives of the zone The objectives of the zone are:

(a) to promote development of land identified as suitable for rural residential or hobby farm purposes:

(i) in accordance with the need for that development, and

(ii) in a manner which does not unduly interfere with the efficient and effective agricultural use of adjacent land, and

(iii) in a manner which does not result in undue inefficiency in the provision of services and facilities, and

(b) to provide a range and mixture of allotment sizes:

(i) to meet various individual needs, and

(ii) to ensure that the density of development carried out is compatible with land capability (including soil resources and soil stability), natural constraints and hazards of the land, and

(c) to conserve trees and other natural vegetation where the conservation of the vegetation is significant to retain scenic amenity or natural habitat or is likely to control land degradation, and

(d) to enable a range of light industrial and business land uses to be carried out in association with the rural residential or hobby farm use of the land where those industrial or business uses are compatible with the environmental capability of the land and the amenity of the area.

2 Without development consent Development for the purpose of:

agriculture (other than intensive livestock keeping establishments and irrigated agriculture); farm buildings.

3 Only with development consent Any development not included in item 2 or 4.

4 Prohibited Development for the purpose of:

boarding-houses; brothels; caravan parks; commercial premises; extractive industries; hotels; institutions; intensive livestock keeping establishments; junk yards; liquid fuel depots; mines; motels; motor showrooms; offensive or hazardous industries; refreshment rooms; residential flat buildings; sawmills; shops (other than general stores); stock and sale yards.

Zone No 2 (v) (Village Settlement Zone)

1 Objectives of the zone The objectives of the zone are:

(a) to promote development of existing towns and villages which is compatible with their rural service function, and

(b) to preserve the low-key scale of activities and general residential character of village areas, and

(c) to allow for non-residential uses which are compatible with adjacent land uses.

2 Without development consent No development.

3 Only with development consent Any development not included in item 2 or 4.

4 Prohibited Development for the purpose of:

brothels; extractive industries; intensive livestock keeping establishments; mines; offensive or hazardous industries.

Zone No 2 (t) (Township Zone)

1 Objectives of the zone The objectives of the zone are:

(a) to promote development in existing towns which is compatible with their rural service function, and

(b) to preserve the general residential character and amenity of township areas, and

(c) to allow for non-residential uses which are compatible with adjacent land uses and are unlikely to adversely affect residential amenity or place demands on services beyond the level reasonably required for residential use, and

(d) to facilitate the provision of a range of residential accommodation appropriate to the diverse needs of the community, and

(e) to facilitate the relocation of industrial and transport-related activities to more appropriate zones, and

(f) to encourage tourist-related activities to establish in appropriate locations, and

(g) to conserve and protect heritage items and the natural environment.

2 Without development consent No development.

3 Only with development consent Any development not included in item 2 or 4.

4 Prohibited Development for the purpose of:

brothels; bulk stores; extractive industries; intensive livestock keeping establishments; junk yards; liquid fuel depots; mines; offensive or hazardous industries; panel beating; road transport terminals; rural industries; sawmills; spray painting; stock and sale yards.

Zone No 3 (c) (Local Business Zone)

1 Objectives of the zone The objectives of the zone are:

(a) to promote development in existing towns which is compatible with their rural service function, and

(b) to provide a full range of personal, commercial, cultural and social services to the community in appropriate locations, while protecting the character and amenity of township areas, and

(c) to allow for commercial and retail uses or service and retail uses which are compatible with adjacent land uses and are unlikely to adversely affect residential amenity or place demands on public utility services beyond the level reasonably required for other service, commercial and retail uses, and

(d) to provide an attractive, compact, safe and convenient shopping and commercial precinct, and

(e) to encourage a commercial environment that is attractive to tourists and visitors, and

(f) to prevent activities or industries that, by reason of noise, odour or other impact, detract from the amenity of the area.

2 Without development consent Nil.

3 Only with development consent Any development not included in item 4.

4 Prohibited Development for the purpose of:

extractive industries; intensive livestock keeping establishments; junk yards; liquid fuel depots; mines; motor vehicle repairs; offensive or hazardous industries; panel beating; road transport terminals; rural industries; sawmills; spray painting; stock and sale yards.

Zone No 4 (a) (Local Industrial Zone)

1 Objectives of the zone The objectives of the zone are:

(a) to promote development in existing towns which is compatible with their rural service function, and

(b) to preserve the small scale of activities and general residential character of township areas, and

(c) to allow for light industrial and service uses which are compatible with adjacent land uses and are unlikely to adversely affect residential amenity or place demands on public utility services beyond the level reasonably required for residential use, and

(d) to facilitate the provision of a range of employment opportunities appropriate to the diverse needs of the community, and

(e) to facilitate the relocation of industrial and transport-related land uses to more appropriate land use zones.

2 Without development consent Nil.

3 Only with development consent Any development not included in item 4.

4 Prohibited Development for the purpose of:

extractive industries; intensive livestock keeping establishments; mines; offensive or hazardous industries; stock and sale yards.

Zone No 5 (a) (Special Uses Zone)

1 Objectives of the zone The objectives of the zone are:

(a) to cater for the provision of a full range of community and public facilities, and

(b) to allow a full range of activities and facilities associated with leisure, sports and recreation, and

(c) to facilitate the continued viability and expansion of air transport facilities and related activities at the Bourke Airport.

2 Without development consent Nil.

3 Only with development consent The particular land use indicated by black lettering on the land use map and any development ordinarily incidental or ancillary to that land use.

4 Prohibited Any development not included in item 3.