New South Wales Consolidated Regulations

BREWARRINA LOCAL ENVIRONMENTAL PLAN 2000 - REG 9

9 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,

(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, consent must not be granted to the carrying out of development on land to which this plan applies unless the consent authority 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 this 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,

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

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

(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,

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

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

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

(viii) heritage items and items of archaeological significance,

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

(c) facilitating farm adjustments and redevelopment,

(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 floodwaters, 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 chemical wash down facilities, intensive livestock keeping establishments and all forms of irrigated development); farm buildings; forestry (other than pine plantations).

Exempt development.

Note: See clause 10 and Development Control Plan No 1 .

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

4 Prohibited Development for the purpose of:

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 this 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,

(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,

(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,

(c) to protect, conserve and enhance trees and other natural vegetation in environmentally sensitive areas where the conservation of the trees and vegetation is significant to scenic amenity, recreation and protected and threatened species, populations or ecological communities, or their habitats (including critical habitat and wildlife corridors) or is likely to control land degradation,

(d) to enable a range of light industrial and business 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, and

(e) 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 services beyond the level reasonably required for residential use.

2 Without development consent Development for the purpose of:

agriculture (other than chemical wash down facilities, intensive livestock keeping establishments and all forms of irrigated development); farm buildings.

Exempt development.

Note: See clause 10 and Development Control Plan No 1 .

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

4 Prohibited Development for the purpose of:

boarding houses; brothels; extractive industries (other than flood protection and community infrastructure purposes); hotels; institutions; intensive livestock keeping establishments; junkyards; liquid fuel depots; mines; motels; motor showrooms; offensive or hazardous industries; residential flat buildings; sawmills; shops (other than general stores); stock and sale yards; waste depots.

Zone No 2 (t) (Township Zone)

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

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

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

(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,

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

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

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

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

(h) 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,

(i) 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 services beyond the level reasonably required for service, commercial and retail use,

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

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

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

(m) 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 services beyond the level reasonably required for residential use,

(n) to facilitate the provision of a range of employment opportunities appropriate to the diverse needs of the community.

2 Without development consent Development for the purpose of:

home occupations.

Exempt development.

Note: See clause 10 and Development Control Plan No 1 .

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

4 Prohibited Development for the purpose of:

brothels; extractive industries (other than for the provision of flood protection and community infrastructure); intensive livestock keeping establishments; mines; offensive or hazardous industries; waste depots.

Zone No 8 (a) (National Park Zone)

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

(a) to identify land which is reserved or dedicated under the National Parks and Wildlife Act 1974 ,

(b) to allow for the management and appropriate use of that land as provided for in the National Parks and Wildlife Act 1974 .

2 Without development consent Any land use authorised by or under the National Parks and Wildlife Act 1974 and any land use incidental or ancillary to such a land use.

3 Only with development consent Nil.

4 Prohibited Any development not included in item 2.