New South Wales Consolidated Regulations

INVERELL LOCAL ENVIRONMENTAL PLAN 1988 - REG 9

9 Zone aims and objectives and development control table

(1) The aims and objectives specifically applying to each of the zones are set out in the Table to this clause under the headings “Aims of zone” and “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 development consent,

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

(c) development is prohibited,

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

(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 is of the opinion that the carrying out of the development is consistent with the aims and objectives of the zone within which the development is proposed to be carried out.

Table

Zone No 1 (a) (Rural (Agricultural) Zone)

1 Aims of zone The primary purpose of this zone is to encourage the use of rural land in this zone for agriculture and for uses compatible with agriculture. Further purposes are to encourage those land uses which would be in keeping with the rural character of land within this zone and to allow development for the purpose of industry where the nature of the industry requires isolation from other land uses, or the industry is a rural industry, or where the industry is related to other uses allowed in the zone.

2 Objectives of zone The particular objectives of this zone are:

(a) to ensure that the long-term potential and viability of better class agricultural land is protected, in particular on land utilised for or with the potential for intensive agricultural enterprises,

(b) to encourage the consolidation of rural holdings and to prevent the unnecessary fragmentation of those holdings,

(c) to enable agricultural support facilities to be provided on land within the zone in a manner which does not significantly reduce the agricultural production potential of land in the locality,

(d) to ensure that development maintains the rural character of the locality and minimises disturbance to the landscape through construction of buildings and structures, clearing, earthworks and access roads,

(e) to ensure that development does not create unreasonable or uneconomic demands, or both, for provision or extension of public amenities or services,

(f) to provide for rural tourist development, and

(g) to promote the management and use of resources within the Shire by protecting, enhancing and conserving soil stability and by controlling and locating development in accordance with land capability, and

(h) to allow development for the purposes of industry where such industry, by reason of the industrial processes involved, the method of manufacture or the nature of the materials used, requires isolation from other uses of land, and

(i) to encourage development for the purposes of closer rural settlement on land which is suitable for that development and to discourage or prohibit development not compatible with the predominantly rural nature of the land within the zone.

3 Without development consent Agriculture (other than aquaculture, dairies or intensive keeping of animals); bushfire hazard reduction; ; dwelling-houses on allotments created pursuant to clause 12 forestry.

4 Only with development consent Any purpose other than a purpose specified in item 3 or item 5.

5 Prohibited development Boarding houses; bulk stores; motor showrooms; residential flat buildings; shops (other than general stores); warehouses.

Zone No 1 (d) (Urban Investigation Zone)

1 Aims of zone The primary purpose of this zone is to identify lands to be investigated for possible future urban development and in the interim to control development on these lands so that their land use potential is not jeopardised.

2 Objectives of zone The particular objectives of this zone are:

(a) to identify land which is to be investigated for its suitability for rezoning at a later date for urban purposes,

(b) to enable the interim development of the lands within this zone for purposes that will not compromise their possible future development and that are in keeping with the existing rural character, and

(c) to ensure that development does not create unreasonable or uneconomic demands, or both, for provision or extension of public amenities or services.

3 Without development consent Agriculture (other than the intensive keeping of animals); bushfire hazard reduction.

4 Only with development consent Animal establishments; bulk stores; caravan parks; drainage; dwelling-houses; extractive industries; forestry; helipads; home industries; home occupations; mineral sand mines; public buildings; public utility undertakings; roadside stalls; rural industries; rural workers’ dwellings; utility installations.

5 Prohibited development Any purpose other than a purpose specified in item 3 or item 4.

Zone No 2 (a) (Urban Residential Zone)

1 Aims of zone The primary purpose of this zone is to set aside lands within Inverell township for predominately residential purposes. Other uses to be permitted are to be compatible with the residential amenity of land within the zone.

2 Objectives of zone The particular objectives of this zone are:

(a) to make general provision to set aside land to be used for the purposes of housing and associated facilities,

(b) to allow detailed provision to be made, by means of a development control plan, to set aside specific areas within the zone for varying housing densities as well as other associated urban and tourist facilities,

(c) to allow a variety of housing types within existing and new residential areas,

(d) to encourage greater visual amenity by requiring site landscaping and permitting a greater variety of building materials and flexibility of design, and

(e) to allow development for urban purposes other than housing within the zone only if it does not detrimentally affect the character or amenity or the locality.

3 Without development consent Dwelling-houses.

4 Only with development consent Any purpose other than a purpose specified in item 3 or item 5.

5 Prohibited development Abattoirs; aerodromes; animal boarding establishments; bulk stores; cemeteries and crematoriums; drive-in theatres; extractive industries; forestry; generating works; heliports; institutions; junk yards; liquid fuel depots; mines; motor showrooms; recreation vehicle areas; sawmills; stock and sale yards; timber yards; transport terminals; warehouses.

Zone No 2 (b) (Rural Village Zone)

1 Aims of zone The primary purpose of this zone is to set aside lands for a broad range of urban purposes in the urban settlements of the Shire and to encourage the consolidation of such areas as nodes of development. This aim reflects the need to ensure that development occurs at a scale and density compatible with the amenity of the locality and its ability to absorb development.

2 Objectives of zone The particular objectives of this zone are:

(a) to provide for a wide range of urban uses in a rural village environment and to permit a range of non-residential land uses which will support associated residential land uses and nearby rural areas,

(b) to maintain and enhance the village scale and amenity of the area,

(c) to ensure, in the case of areas not provided with reticulated water and sewerage services, that future development is at a density appropriate to the capacity of the land to absorb such development, and

(d) to discourage those land uses not in keeping with the objectives.

3 Without development consent Dwelling-houses.

4 Only with development consent Any purpose other than a purpose specified in item 3 or item 5.

5 Prohibited development Abattoirs; extractive industries, forestry; mines; offensive or hazardous industries; stock and sale yards.

Zone No 3 (Business Zone)

1 Aims of zone The primary purpose of this zone is to set aside lands for a broad range of retail, commercial and allied uses within Inverell having regard to the need to maintain the standing of the central business district as the commercial and retail focus of the Shire.

2 Objectives of zone The particular objectives of this zone are:

(a) to encourage a wide range of retail, commercial and allied uses within the central business district, and

(b) to accommodate the establishment of retail, commercial and professional services for local residents in convenient locations within the residential neighbourhoods where the scale and type of development is compatible with the amenity of surrounding residential areas.

3 Without development consent Nil.

4 Only with development consent Any purpose other than a purpose specified in item 5.

5 Prohibited development Abattoirs; cemeteries and crematoriums; dwelling-houses; extractive industries; gas holders; generating works; hospitals; industries (other than light industries); institutions; junk yards; liquid fuel depots; mines; sawmills; stock and sale yards.

Zone No 4 (Industrial Zone)

1 Aims of zone The primary purpose of this zone is to set aside lands for a broad range of industrial and allied uses.

2 Objectives of zone The particular objectives of this zone are:

(a) to designate sufficient land for industrial uses and to promote the industrial development of the Shire,

(b) to encourage the establishment of industries outside areas used or zoned for residential, rural smallholdings or business purposes by setting aside an area of land to be used for a broad range of industrial purposes, and

(c) to allow commercial or retail development where such development relates to the use of land within the zone for industrial purposes or where the nature of such use is compatible with the industrial zone and where the establishment of such use will not impact significantly on the viability of the central business district of Inverell.

3 Without development consent Nil.

4 Only with development consent Any purpose other than a purpose specified in item 5.

5 Prohibited development Boarding houses; caravan parks; dwelling-houses (other than those used in conjunction with and situated on the same land as an industry); extractive industries; hospitals; institutions; mines; motels; residential flat buildings.

Zone No 5 (a) (Special Uses Zone)

1 Aims of zone The primary purpose of this zone is to set aside land owned, used or intended for acquisition for a particular public or community purpose.

2 Objectives of zone The particular objectives of this zone are:

(a) to recognise existing public land use requirements, and

(b) to enable further lands to be utilised for public use as the demand warrants it.

3 Without development consent Nil.

4 Only with development consent The particular purposes indicated by the lettering on the map or any purpose ordinarily incidental to the purpose so indicated; drainage; roads; utility installations (other than gas holders or generating works).

5 Prohibited development Any purpose other than a purpose specified in item 4.

Zone No 5 (b) (Railways Zone)

1 Aims of zone The primary purpose of this zone is to set aside land presently used for public railway purposes.

2 Objectives of zone The particular objectives of this zone are:

(a) to facilitate development for the purposes of rail transportation within the Shire, and

(b) to set aside certain land for purposes permitted by any law relating to railways.

3 Without development consent Railway purposes (including any purpose authorised under any Act relating to railways).

4 Only with development consent Bulk stores; drainage; roads; transport terminals; utility installations (other than gas holders or generating works); warehouses.

5 Prohibited development Any purpose other than a purpose specified in item 3 or item 4.

Zone No 6 (a) (Open Space Zone)

1 Aims of zone The primary purpose of this zone is to set aside lands which are currently used or are intended to be used for the purposes of public open space.

2 Objectives of zone The particular objectives of this zone are:

(a) to ensure that there is an adequate provision of open space areas to meet the present open space and recreational needs of all residents, and

(b) to provide opportunities to enhance the total environmental quality of Inverell township.

3 Without development consent Works for the purposes of gardening, landscaping or bushfire hazard reduction.

4 Only with development consent Agriculture; any purpose authorised by Division 2 or 3 of Part 13 of the Local Government Act 1919 ; camping areas; caravan parks; cycleways; drainage; forestry; picnic grounds; recreation areas; recreation facilities; refreshment rooms; roads; showgrounds; utility installations (other than gas holders or generating works); any purpose incidental to a purpose permitted only with development consent.

5 Prohibited development Any purpose other than a purpose specified in item 3 or item 4.

Zone No 6 (b) (Proposed Open Space Zone)

1 Aims of zone The primary purpose of this zone is to set aside lands which are proposed to be used for public open space purposes.

2 Objectives of zone The particular objectives of this zone are:

(a) to reserve land which will be dedicated or acquired for public open space or public recreational purposes,

(b) to prevent the development of lands within this zone for purposes that may jeopardise their future use as public open space,

(c) to ensure that there is an adequate provision of open space to meet both present and likely future open space and recreational needs of all residents, and

(d) to provide opportunities to enhance the total environmental quality of Inverell township.

3 Without development consent Works for the purposes of gardening, landscaping or bushfire hazard reduction.

4 Only with development consent Agriculture; any purpose authorised by Division 2 or 3 of Part 13 of the Local Government Act 1919 ; camping areas; caravan parks; cycleways; drainage; forestry; picnic grounds; recreation areas; recreation facilities; refreshment rooms; roads; showgrounds; utility installations (other than gas holders or generating works); any purpose incidental to a purpose permitted only with development consent.

5 Prohibited development Any purpose other than a purpose specified in item 3 or item 4.

Zone No 6 (c) (Special Purposes Open Space Zone)

1 Aims of zone The primary purpose of this zone is to set aside lands, whether in public or private ownership, which may be used for special types of open space and commercial recreational uses.

2 Objectives of zone The particular objectives of this zone are:

(a) to identify land that is used or capable of being used for active or passive recreational and open space purposes,

(b) to encourage the development of land in this zone in a manner which maximises the community’s diverse recreation needs, and

(c) to enable development associated with, ancillary to or supportive of recreational uses.

3 Without development consent Drainage; roads; works for the purposes of gardening, landscaping or bushfire hazard reduction.

4 Only with development consent Agriculture; any purposes authorised by Division 2 or 3 of Part 13 of the Local Government Act 1919 ; camping areas; caravan parks; cemeteries; clubs; cycleways; forestry; picnic grounds; racecourses; recreation areas; recreation facilities; recreation vehicle areas; showgrounds; tourist facilities; utility installations (other than gas holders or generating works).

5 Prohibited development Any purpose other than a purpose specified in item 3 or item 4.

Zone No 7 (a) (Environmental Protection (Scenic) Zone)

1 Aims of zone The primary purpose of this zone is to identify and protect land in the Inverell Shire possessing a high scenic or landscape conservation value.

2 Objectives of zone The particular objectives of this zone are:

(a) to encourage the protection or preservation of the major scenic resources of the Shire,

(b) to prohibit development within the zone that is likely to have a visually disruptive effect on the scenic quality and visual amenity of the Shire, and

(c) to enable development for certain purposes where such development would not have a detrimental effect on the scenic quality and visual amenity of the Shire.

3 Without development consent Nil.

4 Only with development consent Agriculture (other than intensive keeping, husbandry or boarding of animals and clear felling); bushfire hazard reduction; forestry; home occupations; utility installations (other than gas holders or generating works).

5 Prohibited development Any purpose other than a purpose specified in item 4.

Zone No 7 (b) (Environmental Protection (Habitat) Zone)

1 Aims of zone The primary purpose of this zone is to identify and protect land in the Shire known to possess a high wildlife habitat value.

2 Objectives of zone The particular objectives of this zone are:

(a) to promote the preservation, conservation and enhancement of indigenous fauna and flora in the Shire,

(b) to prohibit development within the zone that is likely to have a detrimental effect on the wildlife habitats which exist, and

(c) to enable the carrying out of development which would not have a significant detrimental effect on the wildlife habitats.

3 Without development consent Nil.

4 Only with development consent Agriculture (other than the intensive keeping, husbandry or boarding of animals and clear felling); bushfire hazard reduction; forestry; home industries; recreation facilities; roads; utility installations (other than gas holders or generating works).

5 Prohibited development Any purpose other than a purpose specified in item 4.