New South Wales Consolidated Regulations

TUMUT LOCAL ENVIRONMENTAL PLAN 1990 - 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 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 Zone)

1 Objectives of zone The objectives of this zone are:

(a) to retain suitable land for agricultural purposes,

(b) to regulate the subdivision of rural land, and its development for purposes other than agriculture, to ensure that actual and potentially productive land is not withdrawn from sustainable, efficient and effective agricultural production, particularly in those areas designated as prime crop and pasture land,

(c) to ensure conservation of soil and its stability,

(d) to ensure conservation of water resources for use in the public interest,

(e) to facilitate farm adjustment,

(f) to protect trees and other vegetation in environmentally sensitive areas for scenic amenity, natural wildlife habitat or control of land degradation,

(g) to ensure identified extractive resources and mineral deposits are not rendered sterile by incompatible land uses,

(h) to protect places and buildings of archaeological or heritage significance,

(i) to enable development for the purposes of tourism and recreation in suitable locations,

(j) to ensure development is carried out in a manner that minimises risks from natural hazards, particularly bush fires and flooding,

(k) to regulate and restrict fragmented and isolated development of rural land to minimise the cost to the community of providing, extending and maintaining public amenities and services,

(l) to discourage ribbon development and development of an inappropriate traffic generating nature along main and arterial roads,

(m) to encourage aggregation of existing fragmented agricultural land, particularly prime crop and pasture land, to encourage its continued use for efficient agricultural purposes, and

(n) to protect and enhance fisheries habitat.

2 Without development consent Agriculture (other than intensive livestock keeping establishments, animal boarding or training establishments and plant nurseries); home occupations.

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

4 Prohibited Advertising structures (other than those permitted by clause 30); boarding-houses; brothels; car repair stations; cluster housing; commercial premises; motor showrooms; recreational facilities (other than those ancillary and subsidiary to a tourist facility or recreation establishment); residential flat buildings; service stations; shops (other than those ancillary and subsidiary to a tourist facility or recreation establishment).

Zone No 1 (b) (Rural (Special Agriculture) Zone)

1 Objectives of zone The objectives of this zone are:

(a) to retain suitable land for intensive agricultural purposes,

(b) to regulate the subdivision of rural land, and its development for purposes other than agriculture, to ensure that actual and potentially productive land is not withdrawn from sustainable, efficient and effective agricultural production, particularly in those areas designated as prime crop and pasture land,

(c) to ensure conservation of soil and its stability,

(d) to ensure protection of water resources for use in the public interest,

(e) to facilitate farm adjustment,

(f) to protect trees and other vegetation in environmentally sensitive areas for scenic amenity, natural wildlife protection or control of land degradation,

(g) to ensure identified extractive resources and mineral deposits are not rendered sterile by incompatible land uses,

(h) to protect places and buildings of archaeological and heritage significance,

(i) to enable development for the purposes of tourism and recreation in suitable locations,

(j) to ensure development is carried out in a manner that minimises risks from natural hazards, particularly bush fires and flooding,

(k) to regulate and restrict fragmented and isolated development of rural land to minimise the cost to the community of providing, extending and maintaining public amenities and services,

(l) to discourage ribbon development and development of an inappropriate traffic generating nature along main and arterial roads,

(m) to encourage aggregation of existing fragmented agricultural land, particularly prime crop and pasture land, to encourage its continued use for efficient agricultural purposes, and

(n) to protect and enhance fisheries habitat.

2 Development without consent Agriculture (other than intensive livestock keeping establishments, animal boarding or training establishments and plant nurseries); home occupations.

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

4 Prohibited Advertising structures (other than those permitted by clause 30); boarding-houses; brothels; car repair stations; clubs; cluster housing; commercial premises; hotels; industries (other than rural industries and rural home industries); junk yards; liquid fuel depots; motels; motor showrooms; recreation facilities (other than those ancillary and subsidiary to a tourist facility or recreation establishment); residential flat buildings; road transport depots or terminals; service stations; shops (other than those ancillary and subsidiary to a tourist facility or recreation establishment); transport terminals.

Zone No 1 (c) (Rural (Small Holdings) Zone)

1 Objectives of zone The objectives of this zone are:

(a) to accommodate demands for hobby farms and rural retreats in areas generally not being of prime crop and pasture potential,

(b) to ensure conservation of soil and its stability,

(c) to ensure protection of water resources for use in the public interest,

(d) to protect trees and other vegetation in environmentally sensitive areas for scenic amenity, natural wildlife habitat or control of land degradation,

(e) to ensure development is carried out in a manner that minimises risks from natural hazards, particularly bush fires and flooding,

(f) to ensure development does not detract from the scenic quality of the rural area and is not unduly visually intrusive, and

(g) to minimise the cost to the community of providing, extending and maintaining public amenities and services.

2 Without development consent Agriculture (other than intensive livestock keeping establishments, animal boarding or training establishments and plant nurseries); home occupations.

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

4 Prohibited Advertising structures; boarding-houses; brothels; bus depots; bus stations; car repair stations; caravan parks; clubs; commercial premises; hotels; industries (other than rural home industries); junk yards; liquid fuel depots; mines; motels; motor showrooms; recreation facilities; refreshment rooms; residential flat buildings; road transport terminals; sawmills; service stations; shops; stock and sale yards; storage facilities; transport terminals; warehouses.

Zone No 1 (c1) (Rural (Rural Residential) Zone)

1 Objectives of zone The objectives of this zone are:

(a) to accommodate demands for rural residential development adjoining existing urban centres or in locations which are generally not of prime crop and pasture potential and which can provide sealed road access and an adequate potable water supply,

(b) where appropriate, to provide a buffer zone between urban and rural land uses which does not permit intensive commercial agriculture,

(c) to ensure protection of water resources for use in the public interest,

(d) to protect trees and other vegetation in environmentally sensitive areas for scenic amenity, natural wildlife habitat or control of land degradation,

(e) to ensure development is carried out in a manner that minimises risks from natural hazards, particularly bush fires and flooding, and

(f) to minimise the cost to the community of providing, extending and maintaining public amenities and services.

2 Without development consent Home occupations.

3 Only with development consent Agriculture (other than intensive livestock keeping establishments and intensive commercial agriculture of any kind); animal boarding or training establishments; bed and breakfast establishments; child care centres in association with dwelling-houses; cluster housing; dual occupancies; dwelling-houses; home industries; places of public worship; recreation areas.

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

Zone No 1 (d) (Rural (Future Urban) Zone)

1 Objectives of zone The objectives of this zone are:

(a) to reserve land for future urban expansion, and

(b) to restrict development of the land to ensure that future urban expansion may be carried out without interference and additional community costs caused by incompatible and premature development.

2 Without development consent Home occupations and buildings ancillary to a dwelling-house.

3 Only with development consent Agriculture (other than intensive livestock keeping establishments, animal boarding or training establishments and plant nurseries); dwelling-houses.

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

Zone No 1 (f) (Rural (State Forest) Zone)

1 Objectives of zone The objectives of this zone are:

(a) to permit state forestry activity, and

(b) to permit appropriate recreational development and activities.

2 Without development consent Any development permitted under the Forestry Act 1916 ; camping grounds; forestry; picnic grounds; recreation areas.

3 Only with development consent Nil.

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

Zone No 2 (a) (Residential (Low Density) Zone)

1 Objectives of zone The objectives of this zone are:

(a) to maintain, and provide for, areas with a low density residential character,

(b) to enable a choice of housing types,

(c) to ensure that the landscape and scenic quality of an area and the amenity enjoyed by residents is not, in the Council’s opinion, adversely affected by development, and

(d) to provide density controls for development.

2 Without development consent Dwelling-houses and ancillary buildings; home occupations (other than hairdressing).

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

4 Prohibited Advertising structures; animal boarding and training establishments; boarding-houses; brothels; bulk stores; car repair stations; caravan parks; clubs; commercial premises; hairdressing salons; hotels; industries (other than home industries); intensive livestock keeping establishments; institutions; junk yards; liquid fuel depots; mines; motels; motor showrooms; plant nurseries; public buildings; recreation establishments; recreation facilities; refreshment rooms; sawmills; service stations; shops; stock and sale yards; storage facilities; taverns; tourist facilities; transport terminals; warehouses.

Zone No 2 (b) (Residential (Medium Density) Zone)

1 Objectives of zone The objectives of this zone are:

(a) to maintain and provide for areas with a medium density residential character,

(b) to enable a choice of housing types,

(c) to permit appropriate commercial activities,

(d) to provide density controls for development, and

(e) to ensure that the amenity enjoyed by residents is not, in the Council’s opinion, unreasonably affected, given the other objectives of the zone.

2 Without development consent Dwelling-houses and ancillary buildings; home occupations (other than hairdressing).

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

4 Prohibited Advertising structures; brothels; bulk stores; car repair stations; commercial premises; hairdressing salons; hotels; industries (other than home industries); intensive livestock keeping establishments; junk yards; liquid fuel depots; mines; motor showrooms; sawmills; service stations; shops; stock and sale yards; storage facilities; taverns; transport terminals; warehouses.

Zone No 2 (v) (Residential (Village or Township) Zone)

1 Objectives of zone The objectives of this zone are:

(a) to permit the variety of urban purposes required within small urban communities,

(b) to enable a choice of housing types,

(c) to provide density controls for development, and

(d) to ensure that the amenity enjoyed by residents is not, in the Council’s opinion, unreasonably affected, given the other objectives of the zone.

2 Without development consent Dwelling-houses and ancillary buildings; home occupations.

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

4 Prohibited Advertising structures (other than those permitted by clause 30); brothels; extractive, offensive or hazardous industries; intensive livestock keeping establishments; mines.

Zone No 3 (a) (General Business Zone)

1 Objectives of zone The objectives of this zone are:

(a) to provide sufficient land for the present and future commercial needs of the towns of Tumut and Batlow,

(b) to provide a focus for commercial development which will encourage diversity and viability, and

(c) to provide development standards.

2 Without development consent Nil.

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

4 Prohibited Advertising structures (other than those permitted by clause 30); brothels; caravan parks; dual occupancies, dwelling-houses or dwellings (other than those used in conjunction with a permissible purpose); industries; intensive livestock keeping establishments; junk yards; liquid fuel depots; mines; road transport terminals; sawmills; stock and sale yards; storage facilities; warehouses.

Zone No 3 (b) (Neighbourhood Business Zone)

1 Objectives of zone The objectives of this zone are:

(a) to provide a location within the southern part of Tumut that is suitable for low scale commercial development, and

(b) to ensure that commercial development does not, in the opinion of the Council, adversely affect the amenity of surrounding residential development.

2 Without development consent Nil.

3 Only with development consent Child care centres; commercial premises; dual occupancies, dwelling-houses and dwellings attached to a purpose referred to in this item; home occupations; plant nurseries; professional consulting rooms; public buildings; recreation facilities; shops.

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

Zone No 4 (a) (General Industrial Zone)

1 Objectives of zone The objectives of this zone are:

(a) to enable the establishment of a broad range of industrial purposes,

(b) to encourage diversification of the industrial employment base,

(c) to permit limited commercial and retail development in association with industrial and warehouse development,

(d) to regulate the location of industries and brothels to ensure that the amenity of nearby residential areas is not, in the opinion of the Council, unduly affected, and

(e) to enable the development of land for the purpose of a brothel, provided that, in recognition of the industrial nature of this zone, the brothel, whether by itself or taken together with any other brothel in the area, does not detract significantly from the industrial character envisaged by this zone.

2 Without development consent Home occupations.

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

4 Prohibited Advertising structures (other than those permitted by clause 30); bed and breakfast establishments; boarding-houses; caravan parks; child care centres; clubs; cluster houses; commercial premises; dual occupancies, dwelling-houses or dwellings (other than those used in conjunction with a permissible purpose); extractive industries; holiday cabins; hospitals; hotels; mines; motels; offensive or hazardous industries; professional consulting rooms; public buildings; recreation establishments; refreshment rooms; shops (other than industrial retail outlets); taverns; tourist facilities.

Zone No 4 (b) (Light Industrial Zone)

1 Objectives of zone The objectives of this zone are:

(a) to provide land for light industries in locations which, because of their proximity to residential areas, are unsuitable for general industry, and

(b) to provide the opportunity for areas with a high standard of industrial building design and a pleasant work environment.

2 Without development consent Nil.

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

4 Prohibited Advertising structures (other than those permitted by clause 30); airline terminals; boarding-houses; brothels; camping grounds; caravan parks; child care centres; clubs; dual occupancies, dwelling-houses and residential flat buildings (other than those used in conjunction with an industry and situated on the same land as the industry); hospitals; hotels; industries (other than light industries); institutions; junk yards; mines; motels; offensive or hazardous industries; places of assembly; places of public worship; professional consulting rooms; recreation establishments; recreation facilities (other than indoor recreation facilities); roadside stalls; shops (other than industrial retail outlets); taverns; tourist facilities; units for aged persons; waste disposal.

Zone No 5 (a) (Special Uses Zone)

1 Objectives of zone The objectives of this zone are:

(a) to make provision for a variety of existing special uses such as schools, churches, hospitals, cemeteries and garbage depots and purposes ordinarily incidental or ancillary to those uses, and

(b) to permit the community use of schools, churches and other appropriate special use sites, whether for gain or not.

2 Without development consent Nil.

3 Only with development consent The special use indicated on the map and any use ordinarily ancillary or incidental to that special use; community uses (whether for gain or not); utility installations.

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

Zone No 6 (a) (Open Space Recreation Zone)

1 Objectives of zone The objectives of this zone are:

(a) to provide sufficient land for the recreation needs of the community,

(b) to provide a buffer between urban and rural land uses, and

(c) to prevent incompatible urban development on flood liable land.

2 Without development consent Works for the purposes of landscaping and gardening.

3 Only with development consent Agriculture (other than intensive livestock keeping establishments, animal boarding or training establishments and plant nurseries); bowling greens; camping grounds; caravan parks; clubs; forestry; golf courses; parks; public baths; public reserves; racecourses; recreation areas; recreation facilities; refreshment rooms; roads; showgrounds; uses or buildings associated with those purposes which are under the care, control and management of the Council; utility installations.

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

Zone No 8 (a) National Park, Nature Reserve and Flora and Fauna Reserve Zone

1 Objectives of zone The objectives of this zone are:

(a) to conserve the scenic and environmental qualities of the land,

(b) to identify, and permit land to be used as, national parks, nature reserves and state recreation areas or for certain other recreational and educational purposes, and

(c) to enable the effective and efficient management of lands reserved or dedicated under the National Parks and Wildlife Act 1974 .

2 Without development consent Purposes authorised under the National Parks and Wildlife Act 1974 for national parks and nature reserves.

3 Only with development consent Any works ancillary to the requirements of a flora and fauna reserve.

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

Zone No 9 (a) (Proposed Arterial Road Zone)

1 Objectives of zone The objective of this zone is to provide for the opening of new, and the widening of existing, arterial roads as identified on the map.

2 Without development consent Drainage; open space; roads; widening of existing roads.

3 Only with development consent Agriculture (other than intensive livestock keeping establishments, animal boarding or training establishments and plant nurseries).

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

Zone No 9 (b) (Proposed Local Road Zone)

1 Objectives of zone The objective of this zone is to provide for the opening of new, and widening of existing, local roads identified on the map.

2 Without development consent Drainage; open space; roads; widening of existing roads.

3 Only with development consent Agriculture (other than intensive livestock keeping establishments, animal boarding or training establishments and plant nurseries).

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