New South Wales Consolidated Regulations

TUMBARUMBA LOCAL ENVIRONMENTAL PLAN 1988 - 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 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.

Table

Zone No 1 (a) (Rural “A” (Agriculture) Zone)

1 Objectives of Zone The objectives are:

(a) to enable development for purposes that are:

(i) appropriate in a rural location, and

(ii) sympathetic with the environmental characteristics of the land and the costs of providing public services and amenities,

(b) to promote efficient sustainable agricultural utilisation of agricultural land, particularly prime crop and pasture land,

(c) to facilitate farm adjustments,

(d) to conserve prime crop and pasture land by ensuring that:

(i) it is not unnecessarily converted to non-agricultural purposes, and

(ii) any allotment created for an intensive agricultural pursuit is potentially capable of sustaining a range of such purposes or other agricultural purposes suitable to the locality,

(e) to protect or conserve:

(i) soil stability, by controlling development in accordance with soil capability,

(ii) forests of commercial value for timber production,

(iii) valuable deposits of minerals, coal, petroleum and extractive materials, by controlling the location of development to enable the efficient extraction of those deposits,

(iv) trees and other vegetation in environmentally sensitive areas where the conservation of the vegetation is likely to reduce land degradation, and

(v) water resources.

2 Without Development Consent Agriculture (other than animal boarding, breeding or training establishments and intensive livestock keeping establishments).

3 Only with Development Consent Any purpose (other than a purpose for which development may be carried out without development consent or a purpose for which development is prohibited).

4 Prohibited Commercial premises; hotels; motor showrooms; professional consulting rooms; residential buildings; shops.

Zone No 1 (c) (Rural “C” (Rural Residential) Zone)

1 Objectives of Zone To identify land for:

(a) rural residential living opportunities on small allotments of land which are not productive for food and fibre production,

(b) part-time or hobby farm pursuits on land which has already been fragmented into units or holdings that are not capable of sustaining a form of agriculture common to the area, or

(c) a range of industrial, storage or intensive livestock keeping purposes which are compatible with the environmental capabilities of the land and which are unlikely to adversely affect land in the vicinity.

2 Without Development Consent Agriculture (other than animal boarding, breeding or training establishments and intensive livestock keeping establishments).

3 Only with Development Consent Any purpose (other than a purpose for which development may be carried out without development consent or a purpose for which development is prohibited).

4 Prohibited Boarding houses; commercial premises; generating works; hotels; industries other than home industries; institutions; junk yards; liquid fuel depots; motor showrooms; professional consulting rooms; residential flat buildings; roadside stalls; service stations; shops; transport terminals; warehouses.

Zone No 1 (f) (Rural “F” (Forestry) Zone)

1 Objectives of Zone The objective is to make provision for all State Forests within which development for any forestry purposes referred to in clause 9 of Schedule 1 to the Environmental Planning and Assessment Model Provisions 1980 do not require the consent of the council.

2 Without Development Consent Agriculture; forestry.

3 Only with Development Consent Any purpose ordinarily incidental or subsidiary to forestry; drainage; extractive industries; mines; public utility installations; recreation establishments.

4 Prohibited Any purpose (other than a purpose for which development may be carried out without development consent or only with development consent).

Zone No 1 (t) (Rural “T” (Tourist Accommodation) Zone)

1 Objective of Zone The objectives are:

(a) to provide for the needs of tourism by enabling the development of tourist facilities, tourist accommodation and the like, the structure and location of which will be subject to the provision of a development control plan prepared by or on behalf of the council,

(b) to enable development that does not create unreasonable or uneconomic demands for the provision or extension of public amenities or services,

(c) to ensure that development maintains the rural character of the locality and is in harmony with the environment, and

(d) to encourage multiple occupancy and dual occupancy development in appropriate locations.

2 Without Development Consent Agriculture (other than animal boarding, breeding or training establishments and intensive livestock keeping establishments).

3 Only with Development Consent Advertising structures; boarding houses; child care centres; clubs; dwelling-houses; holiday cabins; lodges; motels; open space; recreation establishments; places of assembly; public buildings; public utility undertakings; service stations; shops used in conjunction with camping grounds or caravan parks; tourist facilities; tree clearing; utility installations.

4 Prohibited Any purpose (other than a purpose for which development may be carried out without development consent or only with development consent).

Zone No 2 (a) (Residential “A” (Living Area) Zone)

1 Objectives of Zone The objectives are:

(a) to make provision for certain suitable lands to be used for the purposes of housing and associated facilities,

(b) to encourage a range of housing types in appropriate locations which have a minimal impact on the amenity of residential environments,

(c) to enable development for purposes other than residential only if it is compatible with the character of the living area, and

(d) to control by means of a development control plan the location, form and density of development.

2 Without Development Consent Dwelling-houses.

3 Only with Development Consent Any purpose (other than a purpose for which development may be carried out without development consent or a purpose for which development is prohibited).

4 Prohibited Abattoirs; advertising structures; aerodromes; bulk stores; caravan parks; car repair stations; cemeteries and crematoria; commercial premises; extractive industries; funeral parlours; generating works; hotels; industries other than home industries; institutions; junk yards; liquid fuel depots; mines; motor showrooms; places of assembly; public buildings; retail plant nurseries; roadside stalls; road transport depots; sawmills; shops; service stations; stock and sale yards; stock homes; timber yards; transport terminals; warehouses.

Zone No 2 (d) (Residential “D” (Release Area) Zone)

1 Objectives of Zone The objective is to make provision for the flexible development of new residential areas in which the structure and organisation of development will be subject to the provisions of a development control plan prepared by or on behalf of the council.

2 Without Development Consent Nil.

3 Only with Development Consent Any purpose (other than a purpose for which development is prohibited).

4 Prohibited Abattoirs; aerodromes; automotive uses; bulk stores; cemeteries and crematoria; clubs; extractive industries; funeral parlours; generating works; hotels; industries other than home industries; institutions; junk yards; liquid fuel depots; mines; motor showrooms; places of assembly; roadside stalls; road transport depots; road transport terminals; sawmills; service stations; stock and sale yards; stock homes; timber yards; warehouses.

Zone No 2 (f) (Residential “F” (Tourist Accommodation) Zone)

1 Objectives of Zone The objective is to make provision for the development of tourist accommodation and facilities in appropriate urban areas.

2 Without Development Consent Nil.

3 Only with Development Consent Advertising structures; boarding houses; child care centres; clubs; dwelling-houses; holiday cabins; lodges; motels; open space; places of assembly; public buildings; public utility undertakings; recreation establishments; recreation facilities; service stations; shops used in conjunction with camping grounds or caravan parks; tourist facilities; tree clearing; utility installations.

4 Prohibited Any purpose (other than a purpose for which development may be carried out only with development consent).

Zone No 2 (v) (Residential “V” (Village) Zone)

1 Objectives of Zone The objectives are:

(a) to retain the existing provisions which regulate development in the villages of the Shire,

(b) to make provision for certain suitable lands to be used for urban purposes,

(c) to encourage a range of housing types in appropriate locations,

(d) to enable development for retail, commercial and service purposes for the local and nearby rural community in appropriate locations within the zone where the scale and type of development is compatible with living areas, and

(e) to control by means of a development control plan the location, form and density of development.

2 Without Development Consent Nil.

3 Only with Development Consent Any purpose (other than a purpose for which development is prohibited).

4 Prohibited Institutions; extractive industries; junk yards; mines; offensive or hazardous industries.

Zone No 3 (a) (Business “A” (General) Zone)

1 Objectives of Zone The objectives are:

(a) to encourage the development and expansion of business activities which will contribute to economic growth and employment opportunities within the Shire,

(b) to facilitate the establishment of retail, commercial and professional services to meet the needs of the community and which are compatible with the surrounding village environment,

(c) to set aside certain land for the provision of services required by the travelling public and the tourist industry and for the development of facilities for refreshment, accommodation, recreation and amusement, and

(d) to permit non-commercial development within the zone where such development is compatible with the commercial character of the locality.

2 Without Development Consent Nil.

3 Only with Development Consent Any purpose (other than a purpose for which development is prohibited).

4 Prohibited Abattoirs; aerodromes; agriculture; boarding houses; caravan parks; cemeteries and crematoria; dwelling-houses or residential flats other than those physically attached to or used in conjunction with commercial premises or shops; extractive industries; forestry; generating works; heliports; hospitals; industries other than home industries; junk yards; liquid fuel depots; mines; motor showrooms; retail plant nurseries; roadside stalls; road transport depots; road transport terminals; sawmills; stock and sale yards; stock homes; timber yards.

Zone No 3 (b) (Business “B” (Special) Zone)

1 Objectives of Zone The objective is to provide for forms of business activities normally located on the fringe of the central business area.

2 Without Development Consent Nil.

3 Only with Development Consent Any purpose specified in Schedule 1 or 2 the floor space of which does not exceed 1 000 square metres; advertising structures; clubs; commercial premises; drainage; drive-in liquor shops; drive-in take-away food shops; drive-in take-away shops; dwelling-houses or residential flat buildings attached to and used in conjunction with a purpose referred to in Schedule 1 or 2; hotels; motels; motor showrooms; open space; places of assembly; public buildings; public utility undertakings; refreshment rooms; retail plant nurseries; roads; tree clearing; utility installations; warehouses.

4 Prohibited Any purpose (other than a purpose for which development may be carried out only with development consent).

Zone No 4 (b) (Industry “B” (Light industry) Zone)

1 Objectives of Zone The objectives are:

(a) to set aside certain land for the purposes of light industry within a convenient distance of Tumbarumba and with good access to major arterial roads, and

(b) to enable certain other forms of development compatible with or ancillary to the industrial use of the land.

2 Without Development Consent Nil.

3 Only with Development Consent Any purpose (other than a purpose for which development is prohibited).

4 Prohibited Abattoirs; boarding houses; caravan parks; commercial premises; dwelling-houses other than that used in conjunction with and situated on the same land as industry; educational establishments; forestry; institutions; hospitals; industries other than light industries; mines; motels; places of assembly; places of public worship; professional consulting rooms; public buildings; refreshment rooms; residential flat buildings; roadside stalls; shops other than smallgoods and sandwich shops; stock and sale yards; stock homes; units for the aged.

Zone No 4 (c) (Industry “C” (Special Industry) Zone)

1 Objectives of Zone The objectives are:

(a) to set aside certain land for the purpose of industry requiring special consideration because of its location and employment base, and

(b) to provide special buffer areas around such industry to enable it to function economically.

2 Without Development Consent Nil.

3 Only with Development Consent Timber mills and associated processing plants and works.

4 Prohibited Any purpose (other than a purpose for which development may be carried out only with development consent).

Zone No 5 (a) (Special Uses “A” (General) Zone)

1 Objectives of Zone The objective is to make provision for particular specialised uses such as abattoirs and sewerage works and purposes ordinarily incidental thereto.

2 Without Development Consent Nil.

3 Only with Development Consent The particular use indicated by red lettering on the map; any purpose ordinarily incidental or subsidiary to such a purpose; drainage; tree clearing; utility installations.

4 Prohibited Any purpose (other than a purpose for which development may be carried out only with development consent).

Zone No 5 (b) (Special Uses “B” (Railway) Zone)

1 Objectives of Zone The objectives are:

(a) to set aside certain land for railway purposes and purposes incidental to railway purposes, and

(b) to allow maximum flexibility in the use of land that is not currently needed for railway purposes.

2 Without Development Consent Nil.

3 Only with Development Consent Any purpose.

4 Prohibited Any purpose (other than a purpose for which development may be carried out only with development consent).

Zone No 6 (a) (Open Space “A” (Public Recreation) Zone

1 Objectives of Zone The objectives are:

(a) to protect and preserve land in general community recreational usage, and

(b) to ensure that there is adequate provision of open space to meet the needs of the community for public recreation.

2 Without Development Consent Works for the purpose of landscaping, gardening and bushfire hazard reduction.

3 Only with Development Consent Amenity buildings; buildings for the purposes of landscaping, gardening or bushfire hazard reduction, childcare centres; public utility undertakings; racecourses; recreation areas; showgrounds; utility installations.

4 Prohibited Any purpose (other than a purpose for which development may be carried out without development consent or only with development consent).

Zone No 6 (b) (Open Space “B” (Proposed Public Recreation) Zone)

1 Objectives of Zone This zone is intended to identify land, not in public ownership, which is proposed to be used principally for the purposes of public recreation and which will be acquired by the council, either by dedication or purchase.

2 Without Development Consent Works for the purposes of landscaping, gardening or bushfire hazard reduction.

3 Only with Development Consent Amenity buildings; buildings for the purposes of landscaping, gardening or bushfire hazard reduction; childcare centres; public utility undertakings; racecourses; recreation areas; showgrounds; tree clearing; utility installations.

4 Prohibited Any purpose (other than a purpose for which development may be carried out without development consent or only with development consent).

Zone No 6 (c) (Open Space “C” (Private Recreation) Zone)

1 Objectives of Zone The objective is to identify private land which is set aside for recreational purposes by private groups, organisations or clubs.

2 Without Development Consent Work for the purposes of landscaping, gardening or bushfire hazard reduction.

3 Only with Development Consent Buildings for the purpose of landscaping, gardening or bushfire hazard reduction; clubs; drainage; public utility undertakings; racecourse; recreation areas; recreation facilities; refreshment rooms; showgrounds; tourist facilities; tree clearing; utility installations.

4 Prohibited Any purpose (other than a purpose for which development may be carried out without development consent or only with development consent).

Zone No 7 (d) (Environmental Protection “D” (Scenic) Zone)

1 Objectives of Zone The objectives are:

(a) to identify and protect the scenic qualities of the environment which enhance the visual amenity of the Shire,

(b) to identify and protect areas of vegetation importance including wildlife corridors,

(c) to prohibit development within the zone that is likely to have a detrimental effect on the scenic quality or visual amenity of vegetation cover of the Shire, and

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

2 Without Development Consent Nil.

3 Only with Development Consent Agriculture; bushfire hazard reduction; camping and caravan parks; dams; drainage; dwelling-houses; forestry; home occupations; public utility undertakings; refreshment rooms; roads; tree clearing; utility installations.

4 Prohibited Any purpose (other than a purpose for which development may be carried out only with development consent).

Zone No 8 (National Parks and Nature Reserves Zone)

1 Objectives of zone The objectives are:

(a) to set aside certain lands for any purpose under the National Parks and Wildlife Service Act 1974 , and purposes incidental thereto,

(b) to further protect the recreation reserves currently under council control, from unnecessary environmental damage, including timber cutting.

2 Without Development Consent 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 Nil.

4 Prohibited Any purpose (other than a purpose for which development may be carried out without development consent).