New South Wales Consolidated Regulations New South Wales Consolidated Regulations9.1 With the consent of the Council, development for the purposes of any activity, building, place or work specified in the Table may be carried out on land within a zone where “C” is shown in the Table.
9.2 Except as permitted by clause 9.1 or by some other specific provision of this plan, the carrying out of development is prohibited.
9.3 Except as otherwise provided by this plan, the Council shall not grant consent to the carrying out of development on land to which this plan applies unless the Council has considered the objectives of this plan and the objectives of the zone and of any protected area in which the land is situated, and is of the opinion that the carrying out of the development complies with the objectives that are relevant to that development.
9.4 Notwithstanding clause 9.1:(a) Development for the purposes of an arts and crafts gallery, depot, guest house, helicopter landing site, holiday cabin, refreshment room, rural industry or sawmill is prohibited in the Rural Conservation zone at Mount Irvine, Mount Tomah, Mount Wilson, Shipley Plateau and Sun Valley.(b) Development for the purposes of an electricity substation (not being a pole or padmount substation), gasholder or generating work is prohibited on land within the Recreation, Recreation-Environmental Protection, Environmental Protection, Environmental Protection-Acquisition, National Park or Regional Open Space zone.(c) Development, except for the purposes of a utility installation or National Park, in the Recreation or Recreation-Environmental Protection zone is permissible only when carried out by the Council.(d) In the Protected Area-Land Between Towns, development other than for the purposes of a dwelling house, bushfire hazard reduction, drainage works or utility installation (not being a gasholder, generating work or electricity substation, except a pole or padmount substation) is prohibited within 100 metres of, or having direct access to, a Classified Road.(e) In the Recreation-Environmental Protection, Environmental Protection and Environmental Protection-Acquisition and Regional Open Space zones, the use of land for recreation is limited to use for passive recreation.(f) Development for the purposes of a communication facility is permissible within the Rural Conservation, Residential Bushland Conservation, Residential Investigation, Recreation and National Park zones only when its use is ancillary or incidental to the use for which the land is otherwise put.(g) Work by the Council in accordance with Section 14 of the Bush Fires Act 1949 shall not require consent.(h) Development for any purpose authorised by or under the National Parks and Wildlife Act 1974 is permissible in the National Park zone without the consent of the Council.(i) Where the maximum permissible number of holiday cabins, calculated in accordance with clause 26.1 (in the case of land within the Rural Conservation zone in Megalong Valley) or clause 26.2 (in the case of other land), have been erected on a holding (in the case of the land in Megalong Valley) or a lot (on other land), any development for the purpose of a bed and breakfast establishment, guest house or education establishment (if the latter includes accommodation), excluding a dwelling house, is prohibited.(j) Where any development for the purpose of a bed and breakfast establishment, holiday cabin, guest house or education establishment is carried out on a holding (in the case of land within the Rural Conservation zone in Megalong Valley) or a lot (in the case of other land), and where that development includes or provides accommodation of, or equivalent to, 60 single beds or more, then development for the purpose of any additional accommodation including holiday cabins, but excluding a dwelling house, is prohibited on the holding concerned (in the case of the land in Megalong Valley) or the lot concerned (in the case of other land).(k) Where any development for the purpose of a bed and breakfast establishment, holiday cabin, guest house or education establishment is carried out on a holding (in the case of land within the Rural Conservation zone in Megalong Valley) or lot (in the case of other land), and where that development includes or provides accommodation of, or equivalent to, 60 single beds or less, then any development for the purpose of a bed and breakfast establishment, holiday cabin, guest house or an education establishment (if the latter includes accommodation), but excluding a dwelling house, is restricted so that the total accommodation provided on the holding (in the case of the land in Megalong Valley) or the lot (in the case of other land) must not exceed 60 single beds or equivalent.
9.5 In clause 9.4 (i)-(k), "holding" has the same meaning as in clause 26, and those paragraphs, in so far as they apply to development for the purpose of holiday cabins, apply subject to that clause.
Note: COUNCIL MUST ASSESS EACH DEVELOPMENT APPLICATION ON ITS MERITS. DEVELOPMENT MAY BE RESTRICTED OR NOT PERMITTED, DESPITE THE ZONING, DUE TO PARTICULAR CHARACTERISTICS OF THE SITE.
Table
Development Zones* RC BC RES-BC RES-I IND-LT REC REC-EP EP & EPac NP R Advertising Sign C C C C C C Agriculture C Airport Animal establishment C C Aquaculture C Arts & crafts gallery C C Bed and breakfast establishment C C C C Boarding house Bushfire hazard reduction C C C C C C C C C Business premises Camping site C C Caravan Park Child care centre C C C Communications facility C C C C C C C Community centre C C C C Dam C C C C Depot C C Display garden C C C C C Drainage works C C C C C C C C C C Dwelling house C C C C Educational establishment C C C C Exhibition homes C C C C Extractive industry Forestry C General store C C C C Generating works C Guest house C C Hazardous Industry Hazardous Storage Establishment Helicopter landing site C Heliport High technology industry C C Holiday cabin C C Home industry C C C C Hospital C Hotel Industry Institution C Intensive agriculture Junk yard Keeping of hoofed animals C C C C C Light industry C Low intensity agriculture C C C Medical centre Mine C Motor showroom C National Park C C C C C C C C C C Neighbourhood shopping centre Offensive industry Parking C C C C C C C C Place of public worship C C C C C Public office C Public transport terminal C Recreation area C C C C C C C C C C Recreation facility C C C C Refreshment room C C C Registered club C Residential flat building Resort Retail plant nursery C C C Riding establishment C Roads C C C C C C C C C C Roadside stall C Rural industry C Sawmill C Service station C Shop Stock and sale yard C Subdivision C C C C C C C C Tourist accommodation Transport depot C Utility Installation C C C C C C C C C C Vehicle repair workshop C Veterinary establishment C C C Visitor facilities C C C C C C C C C Walking track C C C C C C C C C C Warehouse or distribution centre C Wholesale plant nursery C C C
Note: See also restrictions under clause 9.3.
* Zone descriptions have been abbreviated. The Table as gazetted listed the following Zones:Rural ConservationBushland ConservationResidential Bushland ConservationResidential InvestigationLight IndustrialRecreationRecreation-Environmental ProtectionEnvironmental Protection & Environmental Protection-AcquisitionNational ParkRegional Open Space