New South Wales Consolidated Regulations

MULWAREE LOCAL ENVIRONMENTAL PLAN 1995 - REG 9

9 Zone objectives and development control 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:

(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”, respectively, appearing in the matter relating to the zone.

(3) Except as otherwise provided by this plan, the Council must not consent to the carrying out of development on the 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.

Table

Zone No 1 (a) (General Rural)

1 Objectives of zone The objectives of this zone are to promote the proper management and utilisation of resources by:

(a) promoting, enhancing and conserving:

(i) agricultural land, particularly prime crop and pasture land, in a manner which sustains its efficient and effective agricultural production potential,

(ii) soil stability by controlling and locating development in accordance with soil capability, as identified by the Department of Conservation and Land Management,

(iii) forests of existing and potential commercial value for timber production,

(iv) valuable deposits of minerals, coal, petroleum, and extractive materials by controlling the location of development for other purposes in order to ensure the efficient extraction of those deposits,

(v) trees and other vegetation in sensitive areas and in any place where the conservation of the vegetation is significant to the protection of scenic amenity or natural wildlife habitat or is likely to control or contribute to the control of land degradation,

(vi) water resources and water catchment areas for use in the public interest,

(vii) localities of significance for nature conservation, including localities with rare plants, wetlands, permanent watercourses and significant wildlife habitat, and

(viii) places and buildings of archaeological or heritage significance, including aboriginal relics and places,

(b) minimising the costs to the community of:

(i) fragmented and isolated development of rural land, and

(ii) providing, extending and maintaining public amenities and services, and

(c) providing land for future urban development, for rural residential development and for development for other non-agricultural purposes, in accordance with the need for that development, and subject to the capability of the land and its importance in terms of the other objectives of this zone.

2 Without development consent Agriculture; periodic public entertainments; tree planting (including planting for the purpose of growing farm woodlots of up to 10ha each, but not including planting for the purpose of forestry).

3 Only with development consent Any purpose other than a purpose included in item 2 or 4.

4 Prohibited Boarding houses; child care centres; clubs; commercial premises; dog breeding or boarding; hospitals; hotels; institutions; motor showrooms; offensive or hazardous industries; residential flat buildings; roadside stalls; shops; professional consulting rooms; refreshment rooms; taverns; units for aged persons.

Zone No 1 (a1) (Rural-Special Purposes)

1 Objectives of zone The objectives of this zone are:

(a) to enable development that is:

(ii) compatible with motor racing,

(iii) complementary to existing rural activities, and

(iv) sympathetic with the environmental characteristics of the land, and

(b) to preserve and conserve prime crop and pasture land by ensuring that it is not unnecessarily converted to non-agricultural uses.

2 Without development consent Agriculture.

3 Only with development consent Any purpose other than a purpose included in item 2 or 4.

4 Prohibited Boarding-houses; child care centres; commercial premises; dog breeding or boarding; dwelling-houses; hospitals; institutions; motor showrooms; offensive or hazardous industries; places of public worship; professional consulting rooms; public buildings; residential flat buildings; roadside stalls; units for aged persons.

Zone No 1 (b) (Rural-Urban Investigation)

1 Objectives of zone The objectives of this zone are:

(a) to identify land surrounding the City of Goulburn, and surrounding other land within the Mulwaree area that is within the Village Zone, which may be required to accommodate the future urban growth of the City and villages,

(b) to permit interim development of the land within this zone for purposes that will not compromise their possible future use for urban and related development and which will maintain the existing character of the locality,

(c) to set aside land uncommitted to other uses for the determination of its long term use in the light of future circumstances and demand, including demand for adequate areas of land for industrial and residential purposes,

(d) to permit detailed investigation of the suitability of the land for a variety of urban purposes consistent with general and particular future requirements,

(e) to restrict development of the land for any purpose which may prejudice the eventual future use of the land for urban purposes,

(f) to ensure that development conserves, enhances and does not adversely affect the physical characteristics, environmental qualities and scenic attributes of perimeter urban lands, and

(g) to ensure that development does not create an unreasonable or uneconomic demand for the provision or extension of public amenities or services.

2 Without development consent Agriculture.

3 Only with development consent Any purpose other than a purpose included in item 2 or 4.

4 Prohibited Boarding houses; child care centres; commercial premises; dog breeding or boarding; extractive industries; hospitals; hotels; institutions; intensive livestock keeping establishments; motels; motor showrooms; offensive or hazardous industries; residential flat buildings; shops; professional consulting rooms; taverns; units for aged persons.

Zone No 1 (c) (Rural Small Holdings)

1 Objectives of zone The objectives of this zone are:

(a) to promote the development of land identified as suitable for rural residential or hobby farm development,

(b) to permit home industries which are compatible with the environmental capabilities of the land and which will not adversely affect the quality of water resources in the vicinity, and

(c) to preserve and enhance the amenity of the rural residential and hobby farm area by ensuring that development is carried out in a sympathetic manner.

2 Without development consent Agriculture.

3 Only with development consent Any purpose other than a purpose included in item 2 or 4.

4 Prohibited Boarding houses; dog breeding or boarding; commercial premises; extractive industries; hotels; industry; intensive livestock keeping establishments; junkyards; mines; motels; motor showrooms; offensive or hazardous industries; refreshment rooms; residential flat buildings; shops (other than general stores not exceeding 100m 2 in gross floor area).

Zone No 2 (v) (Village)

1 Objectives of zone The objective of this zone is to promote development in existing towns and villages and to allow future development in them in a manner which is compatible with their urban function by:

(a) ensuring the orderly and efficient use of land and infrastructure within each town and village,

(b) improving the amenity of residential, commercial, civic and community uses within the towns and villages, and

(c) conserving the buildings, landscape features and streetscape features that contribute to the character and identity of the villages.

2 Without development consent Nil.

3 Only with development consent Any purpose other than a purpose included in item 4.

4 Prohibited Extractive industries; industry; intensive livestock keeping establishments; junkyards; liquid fuel depots; mines; offensive or hazardous industries.

Zone No 4 (a) (Industrial)

1 Objectives of zone The objective of this zone is to encourage the establishment of industries and related activities outside areas used or zoned for residential purposes by setting aside land where a broad range of industrial purposes may be permitted.

2 Without development consent Nil.

3 Only with development consent Any purposes other than a purpose included in item 4.

4 Prohibited Boarding houses; caravan parks; dwelling-houses; educational establishments; extractive industries; places of assembly; places of public worship; professional consulting rooms; public buildings; residential flat buildings; roadside stalls; units for the aged.

Zone No 6 (a) (Regional Recreation)

1 Objectives of zone The objectives of this zone are:

(a) to enable development that is:

(i) complementary to or for the purpose of motor speed events,

(ii) complementary to or for the purpose of advanced motor vehicle driver training, and

(iii) sympathetic with the environmental characteristics of the land, and

(b) to protect or conserve the scenic and rural amenity of the locality by controlling the siting of buildings and the materials used, and

(c) to promote Wakefield Park as a regional recreational facility.

2 Without development consent Agriculture.

3 Only with development consent Advertising structures; camping areas; caravan parks; children’s playgrounds; clubs; educational establishments; helipads; motels; motor speed events and associated activities; motor vehicle driver training; museums; public buildings; recreation establishments; recreation facilities; refreshment rooms; taverns; tourist facilities.

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

Zone No 7 (a) (Environmental Protection-Water Catchment)

1 Objectives of this zone The objective of this zone is to protect land which is designated as being part of a water catchment area from land uses which adversely affect, or are like to adversely affect, the environmental quality of these areas.

2 Without development consent Water catchment.

3 Only with development consent Agriculture; any development ordinarily incidental to or subsidiary to water catchment; dams; drainage; dwelling-houses; extractive industries; forestry; home activities; land filling operations; mines; recreation areas; roads; roadside stalls; turf farming; 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 7 (b) (Environmental Protection)

1 Objectives of zone The objective of this zone is to conserve those lands possessing high scenic amenity or landscape value to the district by:

(a) enabling development of land within the zone only where that development will maintain or enhance:

(i) the scenic environment along elevated lands surrounding the City of Goulburn,

(ii) key landscape features, being the dominant ridgelines and slopes and the intermediate ridges forming a visual backdrop to the City of Goulburn and places of special landscape amenity,

(iii) the scenic amenity of localities that are exposed to principal transport corridors and areas of major public activity surrounding the City of Goulburn, and

(iv) to ensure that development maintains the existing character of the locality and minimises disturbance to the scenic value of the landscape through clearing, earthworks, access roads and construction of buildings, and

(b) excluding any development which is visually intrusive or which would to an extent degrade the environmental value, landscape integrity, or visual amenity of this zone or surrounding zones.

2 Without development consent Agriculture (but not including the growing of fruit and vegetables, and horticulture).

3 Only with development consent Any purpose other than a purpose included in item 2 or 4.

4 Prohibited Boarding houses; child care centres; clubs; commercial premises; dog breeding or boarding; educational establishments; extractive industries; hospitals; hotels; industries; institutions; intensive livestock keeping establishments; junkyards; mines; motels; motor showrooms; offensive or hazardous industries; refreshment rooms; residential flat buildings; shops; places of assembly; places of public worship; professional consulting rooms; taverns; units for aged persons.

Zone No 7 (b1) (Environmental Preservation)

1 Objectives of zone The objective of this zone is to preserve the scenic amenity and landscape values of the land surrounding and adjoining the Wombeyan Caves Reserve ( "the Reserve"):

(a) by enabling development of the land within this zone only where that development will maintain or enhance:

(i) the scenic environment in the areas surrounding and adjoining the Reserve, and

(ii) key landscape features, being the dominant ridge lines and slopes of the intermediate ridges forming a visual backdrop to the Reserve, and

(iii) the unique and delicate karst environment surrounding the Reserve, and

(b) by ensuring that development maintains the existing character of the locality and minimises disturbance to the scenic values and landscape features through clearing, earthworks, access roads and the construction of buildings, and

(c) by excluding development which is visually intrusive or which would to any extent degrade the environmental value, landscape integrity or visual amenity of land within this zone or surrounding zones.

2 Without development consent Agriculture (but not including the growing of fruit or vegetables, or other horticulture).

3 Only with development consent Any purpose other than a purpose included in item 2 or 4.

4 Prohibited Boarding houses (other than in association with a tourist facility); child care centres; clubs; commercial premises; dog breeding or boarding; educational establishments; extractive industries; hospitals; hotels; industries; institutions; intensive livestock keeping establishments; junkyards; mines; motels (other than in association with a tourist facility); motor showrooms; offensive or hazardous industries; places of assembly (other than in association with a tourist facility); places of public worship; professional consulting rooms; refreshment rooms (other than in association with a tourist facility); residential flat buildings; shops (other than in association with a tourist facility); taverns; units for aged persons.

Zone No 8 (National Parks and State Recreation Areas)

1 Objectives of zone The objectives of this zone are to identify national parks, nature reserves and state recreation areas administered by the National Parks and Wildlife Service and to facilitate use of those lands for the purposes of the National Parks and Wildlife Act 1974 .

2 Without development consent Any purpose or activity authorised under the National Parks and Wildlife Act 1974 .

3 Only with development consent Nil.

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