New South Wales Consolidated Regulations

KIAMA LOCAL ENVIRONMENTAL PLAN 1996 - REG 9

9 Zone objectives and Land Use Table

(1) The objectives of a zone are set out in the Table to this clause under the heading “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:

(i) development may be carried out without the need to obtain development consent, and

(ii) development may be carried out only after development consent has been obtained, and

(iii) development is prohibited,

are specified under the headings “Without Development Consent”, “Only With Development Consent” and “Prohibited”, respectively, appearing in the matter relating to the zone in the Table to this clause.

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

Land Use Table

Zone No 1 (a) Rural “A”

1 Objectives of Zone The objectives are:

(a) to provide suitable land for agricultural use,

(b) to protect the agricultural potential of rural land,

(c) to prevent the fragmentation of rural land of prime crop and pasture potential,

(d) to enable uses that are compatible with the rural use of the land,

(e) to protect the landscape quality of the rural area,

(f) to cater for small domestically-based enterprises that do not adversely affect the environment or the amenity of the neighbourhood and its residents, and

(g) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.

2 Without Development Consent Agriculture (other than animal boarding establishments, intensive horticulture, intensive livestock production, deer farming, goat farming or turf farming); bush fire hazard reduction; environmental protection works; home based child care services; home businesses.

3 Only With Development Consent Any purpose other than a purpose included in item 2 or 4.

4 Prohibited Advertising structures (other than those ancillary or incidental to the use of the land); amusement parks; boarding-houses; bulk stores; car repair stations; commercial premises (other than caravan parks); detached dwelling dual occupancy development; gas holders; hotels; industries (other than cottage industries, rural industries or extractive industries for the winning of sand, clay, soil or turf); junk yards; liquid fuel depots; motels; motor showrooms; plant nurseries; residential flat buildings; refreshment rooms (other than those used in conjunction with a cottage industry); roadside stalls fronting a main road; service stations; shops; timber yards; transport terminals; villa homes and courtyard houses; warehouses.

Zone No 2 (a) Residential “A”

1 Objectives of Zone The objectives are:

(a) to enable the orderly and economic development of land for residential purposes,

(b) to provide for a variety of allotment sizes and housing choice,

(c) to reduce the consumption of land for residential purposes,

(d) to reduce housing costs by reducing, in certain cases, the minimum area of land on which residential development may be carried out,

(e) to encourage innovation, diversification and energy efficiency in subdivision patterns, site plans and building designs,

(f) to prevent development occurring on land subject to flooding, slip or coastal erosion,

(g) to protect urban bushland and significant vegetation,

(h) to protect significant landscapes,

(i) to conserve and enhance the architectural and aesthetic character of items of environmental heritage significance,

(j) to cater for small domestically-based enterprises that do not adversely affect the environment or the amenity of the neighbourhood and its residents, and

(k) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.

2 Without Development Consent Bush fire hazard reduction; home based child care services; home businesses.

3 Only With Development Consent Boat building carried out within a building; child care centres; cottage industries; drainage; dual occupancy development; dwelling-houses; educational establishments; fill; home hosting facilities; hospitals; integrated housing development; places of public worship; professional consulting rooms; recreation areas; roads; utility installations (other than gas holders or generating works); units for aged persons; villa homes and courtyard houses.

4 Prohibited Any purpose other than a purpose included in item 2 or 3.

Zone No 2 (b) Residential “B”

1 Objectives of Zone The objectives are:

(a) to enable the orderly and economic development of land for residential purposes,

(b) to provide for medium density residential development not having a height greater than 2 storeys,

(c) to reduce the consumption of land for residential purposes,

(d) to reduce housing costs by reducing, in certain cases, the minimum area of land on which residential development may be carried out,

(e) to encourage innovation and diversification and energy efficiency in subdivision patterns, site plans and building designs,

(f) to provide housing choice,

(g) to conserve and enhance the architectural and aesthetic character of items of environmental heritage significance,

(h) to allow for increases in residential density and for urban consolidation in appropriate locations,

(i) to prevent development occurring on land subject to flooding, slip or coastal erosion,

(j) to protect significant landscapes,

(k) to cater for small domestically-based enterprises that do not adversely affect the environment or the amenity of the neighbourhood and its residents, and

(l) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.

2 Without Development Consent Bush fire hazard reduction; home based child care services; home businesses.

3 Only With Development Consent Boat building carried out within a building; child care centres; cottage industries; drainage; dual occupancy development; dwelling-houses; educational establishments; fill; home hosting facilities; hospitals; integrated housing development; places of public worship; professional consulting rooms; recreation areas; residential flat buildings; roads; units for aged persons; utility installations (other than gas holders or generating works); villa homes and courtyard houses.

4 Prohibited Any purpose other than a purpose included in item 2 or 3.

Zone No 3 (a) General Business

1 Objectives of Zone The objectives are:

(a) to provide areas which are suitable for commercial development,

(b) to provide guidelines for development within commercial areas,

(c) to protect, conserve and enhance the architectural and aesthetic character of those buildings considered to be of exceptional architectural character and items of environmental heritage,

(d) to consolidate commercial centres to enable easy access and to improve the function and viability of the centres,

(e) to provide for a range of commercial design principles which will enable the orderly and economic development of commercial land,

(f) to ensure that development is of an appropriate scale and contributes to and enhances the appearance of the commercial centres, and

(g) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.

2 Without Development Consent Bush fire hazard reduction.

3 Only With Development Consent Any purpose other than a purpose included in item 2 or 4.

4 Prohibited Abattoirs; caravan parks; dual occupancy development or dwelling-houses (except where attached to commercial or retail buildings); gas holders; generating works; hospitals; industries (other than cottage industries or light industries); institutions; junk yards; liquid fuel depots; mines; residential flat buildings (except those attached to commercial or retail buildings); road transport terminals; roadside stalls; stock and sale yards; villa homes and courtyard houses.

Zone No 3 (b) Special Business (Heritage)

1 Objectives of Zone The objectives are:

(a) to provide for appropriate commercial uses of the land to which the zone applies while retaining the existing character of the area and significant buildings,

(b) to allow for a greater range of uses that are appropriate in terms of the historical significance of buildings within the zone,

(c) to ensure that development is restricted to a height and scale that is compatible with existing development and maintains the integrity of the area and the Kiama township,

(d) to ensure that the historical integrity of the area is enhanced and that new uses complement heritage items,

(e) to ensure that development meets community expectations, and

(f) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.

2 Without Development Consent Bush fire hazard reduction.

3 Only With Development Consent Advertising structures; boarding-houses; car parking; child care centres; commercial premises; cottage industries; demolition of buildings; drainage; dual occupancy development; dwelling-houses; fill; guest houses; home businesses; home hosting facilities; hotels; motels; professional consulting rooms; public buildings; refreshment rooms; residential flat buildings attached to commercial or retail buildings; roads; shops; utility installations (other than gas holders or generating works).

4 Prohibited Any purpose other than a purpose included in item 2 or 3.

Zone No 3 (c) Neighbourhood Business

1 Objectives of Zone The objectives are:

(a) to provide sites which are suitable for limited commercial development,

(b) to provide for the orderly and economic development of neighbourhood shopping facilities,

(c) to meet the day to day needs and requirements of the local residents, and

(d) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.

2 Without Development Consent Bush fire hazard reduction; home businesses.

3 Only With Development Consent Advertising structures; car parking associated with or ancillary to any land use that is not prohibited; child care centres; commercial premises; cottage industries; drainage; dual occupancy development or dwelling-houses (attached to commercial or retail buildings); fill; recreation areas; recreation facilities (other than fun parlours); refreshment rooms; residential flat buildings attached to commercial or retail buildings; roads; service stations; shops (other than drive-in or take-away food shops); utility installations (other than gas holders and generating works); veterinary surgeries.

4 Prohibited Any purpose other than a purpose included in item 2 or 3.

Zone No 3 (d) Business (Tourist Related)

1 Objectives of Zone The objectives are:

(a) to provide areas which are suitable for tourist-related commercial development,

(b) to restrict ribbon shop development and assist in the consolidation of the retail centre of Kiama township,

(c) to ensure that development is of an appropriate scale and contributes to and enhances the appearance of the commercial centres, and

(d) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.

2 Without Development Consent Bush fire hazard reduction.

3 Only With Development Consent Any purpose other than a purpose included in item 2 or 4.

4 Prohibited Abattoirs; caravan parks; dual occupancy development or dwelling-houses (except where attached to commercial or retail buildings); gas holders; generating works; hospitals; industries (other than cottage industries and light industries); institutions; junk yards; liquid fuel depots; mines; road transport terminals; roadside stalls; shops (other than those used in conjunction with tourist facilities); stock and sale yards; villa homes and courtyard houses.

Zone No 4 (b) Extractive Industrial

1 Objectives of Zone The objectives are:

(a) to identify those areas specifically suitable for extractive purposes, and

(b) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality and important ecosystems such as streams, estuaries and wetlands.

2 Without Development Consent Bush fire hazard reduction.

3 Only With Development Consent Advertising structures; drainage; extractive industries; industries; land uses ancillary to and directly associated with extractive industries; roads; utility installations.

4 Prohibited Any purpose other than those included in item 2 or 3.

Zone No 4 (c) Light Industrial

1 Objectives of Zone The objectives are:

(a) to provide for a range of light industrial uses which will not have a detrimental effect on the amenity of nearby residential neighbourhoods,

(b) to provide for the orderly and economic development of land for industrial purposes,

(c) to provide for the retailing of bulky goods within industrial areas,

(d) to provide local employment opportunities,

(e) to provide guidelines for the development of industrial land, and

(f) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality and land surface conditions and important ecosystems such as streams, estuaries and wetlands.

2 Without Development Consent Bush fire hazard reduction.

3 Only With Development Consent Any purpose other than those included in item 2 or 4.

4 Prohibited Boarding-houses; caravan parks; commercial premises and dwellings (other than those used in conjunction with industry and situated on the land on which the industry is conducted); dual occupancy development; educational establishments; extractive industries; hospitals; hotels; institutions; mines; motels; industries (other than cottage industries or light industries); places of assembly; places of public worship; public buildings; residential flat buildings; roadside stalls; shops (other than industrial outlets used for the retail sale of bulky goods); stock and saleyards; villa homes and courtyard houses.

Zone No 5 (a) Special Uses (Schools, etc)

1 Objectives of Zone The objectives are:

(a) to identify land which can be utilised for the designated purpose, (ie school, church, cemetery etc), and

(b) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.

2 Without Development Consent Bush fire hazard reduction.

3 Only With Development Consent The particular purpose designated on the map; any purpose ordinarily incidental or ancillary to the designated purpose; drainage; fill; roads; utility installations (other than generating works or gas holders).

4 Prohibited Any purpose other than a purpose included in item 2 or 3.

Zone No 5 (b) Special Uses (Railways)

1 Objectives of Zone The objectives are:

(a) to identify land to be used for railway purposes, and

(b) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.

2 Without Development Consent Any purpose ordinarily incidental or ancillary to the operation of the railways; bush fire hazard reduction.

3 Only With Development Consent Any railway purpose; drainage; roads; utility installations.

4 Prohibited Any purpose other than a purpose included in item 2 or 3.

Zone No 6 (a) Existing Recreation

1 Objectives of Zone The objectives are:

(a) to provide sufficient recreation areas for the benefit and use of the residents of and visitors to Kiama,

(b) to provide a range of compatible land uses which will ensure the most economical and beneficial use of the land so zoned, and

(c) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.

2 Without Development Consent Bush fire hazard reduction; any development carried out by or on behalf of the National Parks and Wildlife Service under the National Parks and Wildlife Act 1974 .

3 Only with Development Consent Agriculture; caravan parks; drainage; fill; race courses; recreation areas; roads; showgrounds; utility installations (other than generating works or gas holders).

4 Prohibited Any purpose other than a purpose included in item 2 or 3.

Zone No 6 (b) Private Recreation

1 Objectives of Zone The objectives are:

(a) to provide a variety of open space areas for use in conjunction with the activities of clubs, sporting organisations and the like,

(b) to enable development of recreation areas by bodies of persons associated for the purposes of the physical, cultural or intellectual welfare of the community and to provide land for recreational facilities for those purposes, and

(c) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.

2 Without Development Consent Bush fire hazard reduction.

3 Only with Development Consent Advertising structures; clubs used in conjunction with and situated on recreation areas; drainage; dwelling-houses and dual occupancy development required for use or occupation by persons employed in connection with a land use permitted in the zone; fill; utility installations (other than gas holders or generating works); recreation areas; roads; sports grounds.

4 Prohibited Any purpose other than a purpose included in item 2 or 3.

Zone No 6 (c) Proposed Recreation

1 Objectives of Zone The objectives are:

(a) to ensure sufficient recreation areas will be provided for the benefit and use of the residents of and visitors to Kiama,

(b) to identify lands that will be needed in the future for open space purposes, and

(c) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.

2 Without Development Consent Bush fire hazard reduction; any development carried out by or on behalf of the National Parks and Wildlife Service under the National Parks and Wildlife Act 1974 .

3 Only with Development Consent Agriculture; caravan parks; drainage; fill; race courses; recreation areas; roads; showgrounds; utility installations (other than generating works or gas holders).

4 Prohibited Any purpose other than a purpose included in item 2 or 3.

Zone No 7 (b) Rural Environmental Protection (Estuarine Wetlands)

1 Objectives of Zone The objectives are:

(a) to identify and preserve estuaries and wetlands and allow them to continue to function as a diverse and natural ecosystem,

(b) to prohibit development within the zone that is likely to have a detrimental effect on the biological and physical function of the wetlands,

(c) to restrict public works to those which provide essential services where no other alternative is available and which would not have a detrimental effect on the habitat or landscape qualities of the wetland or other significant coastal habitat areas,

(d) to prohibit the clearing of land except for the careful control of noxious plants by means not likely to be significantly detrimental to the native ecosystem,

(e) to encourage the enhancement of wetland values by reinstatement of the natural water regime and vegetation,

(f) to provide for changes in sea and related water levels,

(g) to lessen the development pressure on wetland systems, other than development for rehabilitation or educational purposes, by progressively bringing wetlands into public ownership, and

(h) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.

2 Without Development Consent Bush fire hazard reduction.

3 Only with Development Consent Rehabilitation of wetland systems; recreational and environmental facilities under the care, control or management of the Council.

4 Prohibited Any purpose other than a purpose included in item 2 or 3.

Zone No 7 (b1) Rural Environmental Protection (Wetlands Buffer)

1 Objectives of Zone The objectives are:

(a) to assist in the protection of adjoining wetland systems and riparian and foreshore vegetation,

(b) to ensure that development of the land has minimal impact on the biological and physical function of the wetlands,

(c) to ensure that management of the land is appropriate having regard to the potential impact on the local wetland systems, and

(d) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.

2 Without Development Consent Bush fire hazard reduction.

3 Only with Development Consent Pollution control structures and artificial wetlands; recreation areas; roads; utility installations (other than gas holders and generating works).

4 Prohibited Any purpose other than a purpose included in item 2 or 3.

Zone No 7 (d) Rural Environmental Protection (Scenic)

1 Objectives of Zone The objectives are:

(a) to protect vegetation and land of significant scenic or aesthetic value,

(b) to preserve, within the land referred to in paragraph (a), significant vegetation stands and promote revegetation programs,

(c) to preserve dominant land forms which contribute to significant landscapes and form part of an aesthetic environmental feature,

(d) to provide suitable land for agricultural use,

(e) to protect the agricultural potential of rural land,

(f) to prevent the fragmentation of rural land of prime crop and pasture potential,

(g) to allow on lawfully cleared prime crop and pasture land the continuation of animal grazing and cropping practices associated with the use of land for agriculture,

(h) to cater for small domestically-based enterprises that do not adversely affect the environment or the amenity of the neighbourhood and its residents, and

(i) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.

2 Without Development Consent Agriculture (other than clearing, domestic animal boarding and breeding establishments, intensive horticulture and intensive livestock production, goat farming, deer farming or turf farming) carried out on lawfully cleared land; bush fire hazard reduction; clearing of noxious weeds; environmental protection works; home based child care services; home businesses.

3 Only with Development Consent Attached dwelling dual occupancy development; buildings ancillary to agriculture (including milking sheds, haysheds, machinery sheds, silos, stables, cattle yards and the like); cottage industries; dams; drainage; dwelling-houses; fill; golf courses; home hosting facilities; roads; rural worker’s dwellings; tree plantations and harvesting; utility installations (other than generating works or gas holders).

4 Prohibited Any purpose other than a purpose included in item 2 or 3.

Zone No 7 (e) Rural Environmental Protection (Hinterland)

1 Objectives of Zone The objectives are:

(a) to maintain the environmental attributes of the hinterland environment,

(b) to preserve intact rainforests and to promote the regeneration of rainforest areas,

(c) to preserve areas of significant vegetation stands and to promote the regeneration of forests and eradication of introduced vegetation which competes with native flora,

(d) to protect varieties of wildlife and their associated habitats and corridors,

(e) to retain and enhance the visual and scenic qualities of the escarpment ridges, foot slopes, walls and associated tablelands,

(f) to allow on lawfully cleared prime crop and pasture lands the continuation of animal grazing and cropping practices associated with the use of land for agriculture,

(g) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions, important ecosystems (such as streams, estuaries and wetlands) and other land below the hinterland environment,

(h) to ensure that existing and future land uses and land management practices do not lead to a diminution of the environmental values of the hinterland environment, and

(i) to cater for small domestically-based enterprises that do not adversely affect the environment or the amenity of the neighbourhood and its residents.

2 Without Development Consent Agriculture (other than clearing, domestic animal boarding and breeding establishments, intensive horticulture and intensive livestock production, goat farming, deer farming or turf farming) carried out on lawfully cleared land; bush fire hazard reduction; home businesses; home based child care services; regeneration of native forests; removal of noxious weeds.

3 Only with Development Consent Attached dwelling dual occupancy development; buildings ancillary to agriculture (including milking sheds, haysheds, machinery sheds, silos, stables, cattle yards and the like); clearing of vegetation; cottage industries; dams; dwelling-houses; fill; home hosting facilities; roads; rural worker’s dwellings; tree plantations and harvesting; utility installations (other than gas holders and generating works).

4 Prohibited Any purpose other than a purpose included in item 2 or 3.

Zone No 7 (f) Rural Environmental Protection (Foreshore Protection)

1 Objectives of Zone The objectives are:

(a) to maintain the environmental attributes of the foreshore environment,

(b) to protect the foreshore areas from the effect of erosion and promote practices which will ensure sand dune stability,

(c) to enhance the visual and scenic qualities of the foreshore areas,

(d) to allow on lawfully cleared prime crop and pasture land the continuation of animal grazing and cropping practices associated with the use of land for agriculture,

(e) to ensure that existing and future land uses and land management practices do not lead to the degeneration of the environmental values of the foreshore environment,

(f) to cater for small domestically-based enterprises that do not adversely affect the environment or the amenity of the neighbourhood and its residents, and

(g) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and other important ecosystems such as streams, estuaries and wetlands.

2 Without Development Consent Agriculture (other than clearing, domestic animal boarding and breeding establishments, intensive horticulture and intensive livestock production, goat farming, deer farming or turf farming) carried out on lawfully cleared land; bush fire hazard reduction; home businesses; home based child care services.

3 Only with Development Consent Attached dwelling dual occupancy development; buildings ancillary to agriculture (including milking sheds, haysheds, machinery sheds, silos, stables, cattle yards and the like, but excluding buildings required for, or ancillary to, intensive horticulture and intensive livestock production); camping areas, caravan parks; cottage industries; dams; drainage; dwelling-houses; fill; home hosting facilities; roads; tree plantations and harvesting; utility installations (other than generating works or gas holders).

4 Prohibited Any purpose other than a purpose included in item 2 or 3.

Zone No 7 (l) Rural Environmental Protection (General)

1 Objectives of Zone The objectives are:

(a) to protect and conserve lands which are particularly environmentally sensitive and have high flora and fauna value,

(b) to enable the development of land within the zone only where it can be shown that the development will not destroy, damage or compromise the ecological, scenic or scientific attributes of the land, and

(c) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.

2 Without Development Consent Bush fire hazard reduction.

3 Only with Development Consent Environmental protection works; removal or destruction of noxious weeds; works carried out by the National Parks and Wildlife Service.

4 Prohibited Any purpose other than a purpose included in item 2 or 3.

Zone No 8 (a) National Parks

1 Objectives of Zone The objectives are:

(a) to identify National Parks and Nature Reserves,

(b) to preserve and manage the identified National Parks and Nature Reserves for conservation and recreational purposes, and

(c) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.

2 Without Development Consent Any purpose authorised under the National Parks and Wildlife Act 1974 ; bush fire hazard reduction.

3 Only with Development Consent Utility installations (other than generating works or gas holders).

4 Prohibited Any purpose other than a purpose included in item 2 or 3.

Zone No 9 (a) Proposed Arterial Road

1 Objectives of Zone The objectives are:

(a) to provide for the opening of new, and widening of existing, arterial roads as identified on the map, and

(b) to ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams, estuaries and wetlands.

2 Without Development Consent Bush fire hazard reduction; drainage; open space; roads; widening of existing roads.

3 Only with Development Consent Utility installations (other than gas holders or generating works).

4 Prohibited Any purpose other than a purpose included in item 2 or 3.