New South Wales Consolidated Regulations

EUROBODALLA RURAL LOCAL ENVIRONMENTAL PLAN 1987 - REG 11

11 Zone objectives and development control table

(1) The objectives of a zone are set out in the Table to this clause under the headings “Objectives of 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 purposes (if any) for which:

(a) development may be carried out without consent,

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

(c) development is prohibited,

are specified under the headings “Without development consent”, “Only with development consent” and “Prohibited”, respectively.

(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 development is consistent with the objectives of the zone within which the development is proposed to be carried out.

Table

Zone No 1 (a) (Rural Environmental Constraints and Agricultural Zone)

1 Objectives of zone The objectives of this zone are:

(a) to permanently maintain as rural, land:

(i) having proven or potential agricultural productivity,

(ii) at risk from bushfire or flooding,

(iii) remote from existing settlements,

(iv) for which it is uneconomical to provide public facilities and essential services,

(v) characterised by steep slopes or other environmental constraints, or

(vi) having significant scenic, habitat or other natural or cultural conservation value,

(b) on or in relation to land which has proven or potential agricultural productivity:

(i) to prevent subdivision of land holdings into parcels unsuitable in size or shape for sustained agricultural production,

(ii) to limit the erection of dwellings to the minimum necessary to maintain or enhance the long term agricultural viability of the land, and

(iii) to minimise the erection of structures and establishment of permitted non-agricultural uses on better quality agricultural land,

(c) to permit recreational or tourist facilities only where such facilities are related to and compatible with the natural characteristics or rural activity of the zone,

(d) to minimise development on land which has significant environmental constraints or hazards and ensure that any development in these areas makes adequate provision for maintaining environmental quality,

(e) to ensure that subdivision of land in the zone occurs only where it is necessary to maintain or increase agricultural production or to allow the conduct of any use permitted in this zone other than dwelling-houses, dual occupancy or rural workers’ dwellings,

(f) to permit a variety of uses where these are compatible with rural activity and the capability of the land, or require a location remote from urban areas or villages, or both, and

(g) to permit the provision, expansion or maintenance of utility services within this zone.

2 Without development consent Agriculture (other than animal boarding, breeding or training establishments, building structures ancillary to agriculture, feed lot establishments, activities involving land clearing, pig keeping establishments and poultry farming establishments); forestry (only on Crown timber land as defined in the Forestry Act 1916 ).

3 Only with development consent Agriculture (other than as permitted without consent); airline terminals; airports; aquaculture; bed and breakfast establishments; bulk stores; bus depots; child care centres; community centres; clubs ancillary to recreation areas or recreation establishments or tourist recreation facilities; depots; drainage; dual occupancy and dwelling-houses (other than as permitted without consent); educational establishments; extractive industries; forestry (other than as permitted without consent); general stores; helipads; heliports; home businesses; hospitals; industries; institutions; junk yards; land clearing; liquid fuel depots; mines; places of assembly; places of public worship; professional consulting rooms; public utility undertakings; racecourses; recreation areas; recreation establishments; recreation facilities ancillary to recreation establishments or tourist recreation facilities; retail plant nurseries; roads; road transport terminals; roadside stalls; rural industries; rural workers’ dwellings; sawmills; showgrounds; stock and sale yards; stock transport terminals; telecommunications facilities; timber yards; tourist recreation facilities; utility installations; veterinary establishments; waste collection centres.

4 Prohibited Any purpose other than a purpose permitted without development consent or a purpose which is permitted only with development consent.

Zone No 1 (a1) (Rural (Environmental Constraints, Water Catchment Protection and Agricultural) Zone)

1 Objectives of zone The objectives of this zone are:

(a) to permanently maintain as rural, land:

(i) having proven or potential agricultural productivity,

(ii) at risk from bushfire or flooding,

(iii) remote from existing settlements,

(iv) for which it is uneconomical to provide public facilities and essential services,

(v) having significant scenic, habitat or other natural or cultural conservation value, and

(vi) in water supply catchments significant to the local government area of Eurobodalla,

(b) to protect water quality by limiting and controlling development in the catchment, in particular:

(i) by limiting the erection of dwelling-houses, dual occupancies and multiple occupancies, especially in areas of scenic or conservation value,

(ii) by ensuring that subdivision of land in the zone occurs only where it is necessary to maintain or increase agricultural production or necessary to allow the conduct of any use permitted in the zone other than dwelling-houses, dual occupancy or rural workers’ dwellings,

(iii) by encouraging consolidation of existing lots where possible,

(iv) by encouraging agricultural uses of low intensity and with a low potential to create pollution,

(v) by permitting recreation or tourist facilities only where such facilities are related to an compatible with the natural characteristics or rural activity of the zone, and will not adversely affect water quality,

(vi) by minimising construction or use of access roads and tracks across creeks, rivers and gullies, and requiring sediment and erosion controls where such crossings are essential, and

(vii) by limiting river gravel extraction activities to the lower catchment area, and

(c) to ensure new development in the zone is compatible with the character of the area in which it is proposed, having regard to nearby development and to the existing landscape, particularly in areas of scenic and conservation value.

2 Without development consent Agriculture (other than animal boarding, breeding or training establishments, building structures ancillary to agriculture, feed lot establishments, activities involving land clearing, pig keeping establishments and poultry farming establishments); forestry (only on Crown timber land as defined in the Forestry Act 1916 ); utility installations.

3 Only with development consent Advertising structures; agriculture (other than as permitted without development consent); bed and breakfast establishments; child care centres; community centres; drainage; dwelling-houses; educational establishments; extractive industries; forestry (other than as permitted without development consent); general stores; helipads; home businesses; land clearing; mines; places of assembly; places of public worship; public utility undertakings; recreation areas; recreation establishments; recreation facilities ancillary to recreation establishments or tourist recreation facilities; retail plant nurseries; roads; roadside stalls; rural industries; rural workers’ dwellings; sawmills; telecommunications facilities; tourist recreation facilities; veterinary establishments.

4 Prohibited Any purpose other than a purpose permitted without development consent or a purpose which is permitted only with development consent.

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

1 Objectives of zone The objectives of this zone are:

(a) to provide opportunities for small scale agricultural activity,

(b) to provide residential opportunities while retaining the scenic quality and overall character of the land and the environmental quality of any adjoining waterways, wetlands, rainforest or other environmentally sensitive areas,

(c) to ensure that environmental impacts of development and the impact of development on land or activity in surrounding zones are fully considered in advance of any significant development,

(d) to ensure that development is compatible in scale and density with the level of essential public services and facilities to be provided,

(e) to permit a variety of uses where these are compatible with small scale rural activity or require a location outside urban areas or villages, and

(f) to permit the provision, expansion or maintenance of utility services within this zone.

2 Without development consent Agriculture (other than animal boarding, breeding or training establishments, building structures ancillary to agriculture, feed lot establishments, activities involving land clearing, pig keeping establishments or poultry farming establishments); forestry (only on Crown timber land as defined in the Forestry Act 1916 ).

3 Only with development consent Any purpose other than a purpose permitted without development consent or a purpose which is prohibited.

4 Prohibited Boarding-houses; bulk stores; car repair stations; commercial premises; hotels; industries (other than extractive industries or rural industries); junk yards; liquid fuel depots; motor showrooms; residential flat buildings; service stations; shops (other than general stores); tourist accommodation (other than in conjunction with a recreation establishment or tourist recreation facilities); warehouses; waste management facilities.

Zone No 5 (c) (Proposed Arterial Road Zone)

1 Objectives of zone The objectives of this zone are:

(a) to identify land which is proposed for future development as arterial road by a State or local government authority, and

(b) to prevent development of the land which would hinder future acquisition and construction of arterial roads.

2 Without development consent Nil.

3 Only with development consent Any purpose.

4 Prohibited Nil.

Zone No 5 (f) (Existing Arterial Road Zone)

1 Objectives of zone The objective of this zone is to identify land which is developed as an arterial road.

2 Without development consent Drainage; public utility undertakings; roads; utility installations.

3 Only with development consent Any purpose other than a purpose permitted without development consent.

4 Prohibited Nil.

Zone No 6 (a) (Public Open Space Zone)

1 Objectives of zone The objectives of this zone are:

(a) to identify land which is owned by the Council or the Crown and which has been set aside for use by the public as open space or land in private ownership which is to be acquired by the Council for public open space,

(b) to permit a range of uses on land within this zone normally associated with public recreation, and

(c) to ensure that a range of recreational opportunities is provided that is compatible with the natural environment.

2 Without development consent Maintenance works for the purpose of gardening, landscaping or bushfire hazard control.

3 Only with development consent Buildings for the purposes of landscaping, gardening or bushfire hazard control; drainage; public utility undertakings; recreation areas; roads; telecommunications facilities.

4 Prohibited Any purpose other than a purpose permitted without development consent or a purpose permitted only with development consent.

Zone No 7 (a) (Environment Protection (Wetlands) Zone)

1 Objectives of zone The objectives of this zone are:

(a) to protect freshwater and estuarine wetlands and enable them to continue to function as breeding and feeding areas for birdlife, fish and shellfish,

(b) to ensure the ecological, scenic and environmental attributes of functioning wetlands are not altered,

(c) to encourage and promote rehabilitation of previously disturbed wetlands, and

(d) to contribute to the implementation of State Environmental Planning Policy No 14-Coastal Wetlands .

2 Without development consent Nil.

3 Only with development consent Agriculture; public utility undertakings; recreation areas; roads; telecommunications facilities; utility installations.

4 Prohibited Any purpose other than a purpose permitted without development consent or a purpose permitted only with development consent.

Zone No 7 (f1) (Environment Protection (Coastal Lands Protection) Zone)

1 Objectives of zone The objectives of this zone are:

(a) to identify land nominated by the Coastal Council of N.S.W. for preservation under the Coastal Lands Protection Scheme,

(b) to prevent subdivision of land holdings into parcels unsuitable in size or shape for sustained agricultural production,

(c) to limit the erection of dwellings to the minimum necessary to maintain or enhance the long term agricultural viability of the land, and

(d) to minimise development on land which has significant environmental constraints or hazards and ensure that any development in these areas makes adequate provision for maintaining environmental quality.

2 Without development consent Agriculture (other than animal boarding, breeding or training establishments, building structures ancillary to agriculture, feed lot establishments, activities involving land clearing, pig keeping establishments, poultry farming establishments or the erection of non-habitable buildings).

3 Only with development consent Agriculture (other than as permitted without consent); aquaculture; bed and breakfast establishments; drainage; dual occupancy; dwelling-houses; forestry; home businesses; land clearing; public utility undertakings; recreation areas; roads; rural workers’ dwellings; telecommunications facilities; utility installations.

4 Prohibited Any purpose other than a purpose permitted without development consent or a purpose which is permitted only with consent.

Zone No 7 (f2) (Environment Protection (Coastal Lands Acquisition) Zone)

1 Objectives of zone The objectives of this zone are:

(a) to identify and maintain as rural (pending acquisition) land nominated by the Coastal Council of New South Wales for acquisition under the Coastal Lands Protection Scheme, and

(b) to allow rural use of the land compatible with its proposed future acquisition.

2 Without development consent Agriculture (other than animal boarding, breeding or training establishments, building structures ancillary to agriculture, feed lot establishments, activities involving land clearing, pig keeping establishments, poultry farming establishments or the erection of non-habitable buildings).

3 Only with development consent Agriculture (other than as permitted without consent); aquaculture; drainage; home businesses; land clearing; public utility undertakings; recreation areas; roads; telecommunications facilities; utility installations.

4 Prohibited Any purpose other than a purpose permitted without development consent or a purpose which is permitted only with development consent.

Zone No 8 (National Parks and Nature Reserves Zone)

1 Objectives of zone The objective of this zone is to identify those lands included in national parks, nature reserves, Aboriginal areas and state recreation areas as advised by the Director of National Parks and Wildlife.

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

3 Only with development consent Telecommunications facilities.

4 Prohibited Any purpose other than a purpose permitted without development consent.

Zone No 10 (Urban Expansion Zone)

1 Objectives of zone The objectives of this zone are:

(a) to identify areas within which urban development may be accommodated,

(b) to ensure that consideration is given by the Council to:

(i) the impact of urban development on the physical environment,

(ii) the social and economic impact of urban development,

(iii) the range and pattern of land uses appropriate to the land,

(iv) the limits of urban development within the urban expansion zone in view of the fact that urban development will not necessarily proceed over all of the land within this zone, and

(v) the extent, range and capacity of services to be provided to the land and the economic, social and environmental cost of providing those services,

(c) to ensure that adequate services and community facilities are provided with development especially but not exclusively within residential areas within this zone,

(d) to ensure that no development is permitted within this zone which would, in the view of the Council, jeopardise the future use of any of the land within this zone for urban purposes, and

(e) to ensure that sensitive environmental features, including wetlands, archaeological sites and areas of high scenic or scientific value, are identified and permanently conserved.

2 Without development consent Agriculture (other than animal boarding, breeding or training establishments, building structures ancillary to agriculture, feed lot establishments, activities involving land clearing, pig keeping establishments and poultry farming establishments).

3 Only with development consent Any purpose other than a purpose permitted without development consent.

4 Prohibited Nil.