New South Wales Consolidated Regulations

EUROBODALLA URBAN LOCAL ENVIRONMENTAL PLAN 1999 - REG 21

21 What controls apply to non-residential development in the residential zones?

(1) In this clause, "non-residential development" means development other than development for the purpose of dwellings, dwelling-houses, dual occupancies, housing for older people or people with disabilities, integrated housing, manufactured home estates, residential flat buildings or boarding-houses.

(2) The objectives for non-residential development in residential zones are:

(a) to provide for non-residential development that results in public utility services and installations that need to be located in residential zones for physical reasons such as topography (for example, water reservoirs, electricity substations and sewage pumping stations), and

(b) to provide for non-residential development that caters to local residents, particularly children, such as child care centres, community centres, educational establishments, places of worship and some types of public authority premises, even where such development may have greater impact on the amenity of the area than the impact typically expected from residential development, and

(c) to ensure non-residential development that does not need to be carried out near local residents, and that has greater impact on adjoining residents than would be expected from residential development, is located in the business zone, and

(d) to ensure nearby residents and property owners are advised in advance of proposed non-residential development in residential zones and given the opportunity to inform the Council of their views.

(3) Non-residential development that is permissible only with development consent in residential zones must be advertised in accordance with procedures adopted by the Council from time to time. These procedures need not require advertising of proposed additions or alterations to non-residential development that, in the opinion of the Council, are minor in nature or would have minimal additional impact on the amenity of the area.

(4) In considering an application for consent for non-residential development in a residential zone, the Council must take into account the objectives for such development as set out in this clause and any representations from members of the public.