New South Wales Consolidated Regulations

WINGECARRIBEE LOCAL ENVIRONMENTAL PLAN 1989 - 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” Zone)

1 Objectives of zone The objectives of this zone are:

(a) to provide suitable land for agricultural use,

(b) to regulate the subdivision of rural land to ensure that actual or potentially productive land is not withdrawn from production and to prevent the fragmentation of viable rural holdings, particularly in those areas designated as having prime crop and pasture potential,

(c) to ensure identified extractive resources and mineral deposits are not rendered sterile from incompatible land usage,

(d) to enable mining and extractive industry to occur in an environmentally acceptable manner,

(e) to ensure subdivision is designed to maximise the retention of natural vegetation and to minimise the potential for significant alterations to the natural landform by way of construction of access driveways, excavations, filling and the like,

(f) to enable development for the purposes of tourism and recreation to occur in an environmentally acceptable manner,

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

(h) to recognise that rural localities cannot be economically provided with the level of services that apply in urban locations, and

(i) to recognise the value of the rural scenic landscape to the local tourist economy and to protect these areas from small holding rural subdivision.

2 Without development consent Agriculture (other than dog breeding or boarding, lot feeding of livestock, pig keeping and poultry farming and, in the hydrological catchment, dairies and animal boarding and breeding establishments); dams; exempt development as defined in clause 6A; recreation gardens.

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

4 Prohibited Advertising structures; automotive businesses; boarding-houses; bulk stores; car repair stations; cluster housing; commercial premises; gas holders; generating works; industries (other than rural industries, local rural industries, extractive industries, offensive or hazardous industries or home industries); junk yards; liquid fuel depots; motor showrooms; recreation facilities; residential flat buildings containing more than 2 dwellings (other than single storey units for aged persons); road transport terminals; rural workers’ dwellings; sale of bulky goods; service stations; shops (other than general stores having a floor area no greater than 100 square metres); showrooms; transport terminals; warehouses.

Zone No 1 (b) (Rural “B” Zone)

1 Objectives of zone The objectives of this zone are:

(a) to provide suitable land for agricultural use,

(b) to discourage ribbon development and inappropriate traffic generating development along main and arterial roads, and

(c) to encourage development which is related to the agricultural use of land within the zone.

2 Without development consent Agriculture (other than dog breeding or boarding, lot feeding of livestock, pig keeping and poultry farming and, in the hydrological catchment, dairies and animal boarding and breeding establishments); dams; exempt development as defined in clause 6A; recreation gardens.

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

4 Prohibited Abattoirs; advertising structures; amusement parks; animal boarding establishments; automotive businesses; boarding-houses; bulk stores; bus depots; bus stations; car repair stations; caravan parks; clubs; cluster housing; commercial gardens; commercial premises; drive-in theatres; gas holders; general stores; generating works; hotels; industries (other than rural, local rural or home industries); junk yards; liquid fuel depots; mines; motels; motor showrooms; recreation establishments; recreation facilities; residential flat buildings containing more than 2 dwellings (other than single storey units for aged persons); road transport depots or terminals; roadside stalls; rural workers’ dwellings; sale of bulky goods; sawmills; service stations; shops; showrooms; stock and sale yards; timber yards; tourist facilities; transport terminals; warehouses.

Zone No 1 (c) (Rural (Smallholdings) Zone)

1 Objectives of zone The objectives of this zone are:

(a) to accommodate demands for rural residential use, rural retreats and hobby farms and confine those forms of development generally to areas not being of prime crop and pasture potential or where existing services are available or may be reasonably extended,

(b) to ensure development is carried out in a manner that minimises risks from natural hazards, particularly bushfires and flooding, and does not detract from the scenic quality of the rural area,

(c) to provide for such community uses as are necessary to meet community needs in this zone,

(d) to specify, by means of a development control plan, minimum allotment sizes for areas within the zone, and

(e) to ensure that small holding zones are not sited in localities that have been identified for future residential expansion.

2 Without development consent Agriculture (other than dog breeding or boarding, lot feeding of livestock, pig keeping and poultry farming and, in the hydrological catchment, dairies and animal boarding and breeding establishments); dams; exempt development as defined in clause 6A; recreation gardens.

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

4 Prohibited Abattoirs; advertising structures; amusement parks; boarding-houses; bulk stores; bus depots; bus stations; car repair stations; caravan parks; cluster housing; commercial gardens; commercial premises; gas holders; generating works; industries (other than home industries); junk yards; liquid fuel depots; mines; motor showrooms; recreation establishments; recreation facilities; refreshment rooms; residential flat buildings containing more than 2 dwellings (other than single storey units for aged persons); road transport depots or terminals; rural workers’ dwellings; sale of bulky goods; sawmills; service stations; shops; stock and sale yards; timber yards; transport terminals; warehouses.

Zone No 1 (f) (Forest Zone)

1 Objectives of zone The objective of this zone is to identify State forests.

2 Without development consent Any purpose authorised under the Forestry Act 1916 .

3 Only with development consent Any purpose ordinarily incidental to a purpose authorised under the Forestry Act 1916 .

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

Zone No 2 (a) (Residential “A” Zone)

1 Objectives of zone The objectives of this zone are:

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

(b) to ensure that any development will not have an adverse effect on the landscape or scenic quality of the area or the amenity enjoyed by residents located within the area,

(c) to specify, by means of a development control plan, minimum allotment sizes for specific areas within the zone, and

(d) to set aside, by means of a development control plan, specific areas within the zone for motel development.

2 Without development consent Exempt development as defined in clause 6A; recreation gardens.

3 Only with development consent Advertising structures; bed and breakfast establishments; boarding-houses; child care centres; clubs; cluster housing; community facilities; dog breeding establishments; dwelling-houses; educational establishments; exhibition gardens; exhibition houses; general stores having a floor space no greater than 100 square metres; home industries; hospitals; motels; places of public worship; professional consulting rooms; stables; units not exceeding 2 storeys for aged persons; 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 2 (a1) (Residential “A1” Zone)

1 Objectives of zone The objectives of this zone are:

(a) to retain and provide a low density residential character in environmentally sensitive localities, and

(b) to ensure that any development will not have an adverse effect on the landscape or scenic quality of the area or the amenity enjoyed by residents located within the area.

2 Without development consent Exempt development as defined in clause 6A; recreation gardens.

3 Only with development consent Bed and breakfast establishments; cluster housing; community facilities; dog breeding establishments; dwelling-houses; educational establishments; exhibition gardens; home industries; hospitals; places of public worship; stables; units not exceeding one storey for aged persons; 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 2 (a2) (Residential “A2” Zone)

1 Objectives of zone The objectives of this zone are:

(a) to identify and conserve rural villages with a predominantly small scale residential character and traditional form of subdivision layout, buildings, streets and landscape setting,

(b) to ensure that any development will not have an adverse effect on the landscape or scenic quality of a small scale rural village,

(c) to provide for a range of land use activities which are compatible with a small scale rural village,

(d) to specify, by means of a development control plan, design guidelines for development including subdivision, built form and streetscape.

2 Without development consent Exempt development as defined in clause 6A; recreation gardens.

3 Only with development consent Bed and breakfast establishments; child care centres; cluster housing; community facilities; dog breeding establishments; dwelling-houses; educational establishments; exhibition gardens; general stores; home enterprises; home industries; hospitals; professional consulting rooms; places of public worship; refreshment rooms; stables; units not exceeding one storey for aged persons; 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 2 (b) (Residential “B” Zone)

1 Objectives of zone The objectives of this zone are:

(a) to provide for a variety of medium density housing forms including detached housing, villas, town houses and flats,

(b) to ensure that any development will not have an adverse effect on the landscape or scenic quality of the area,

(c) to specify, by means of a development control plan, density and performance standards for residential flat buildings for areas within the zone, and

(d) to set aside, by means of a development control plan, specific areas within the zone for motel development.

2 Without development consent Exempt development as defined in clause 6A; recreation gardens.

3 Only with development consent Advertising structures; bed and breakfast establishments; boarding houses; child care centres; clubs; cluster housing; community facilities; dwelling-houses; educational establishments; exhibition gardens; exhibition houses; general stores having a floor area no greater than 100 square metres; home industries; hospitals; motels; places of public worship; professional consulting rooms; residential flat buildings; 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 2 (c) (Village or Township Zone)

1 Objectives of zone The objective of this zone is to identify land for a variety of urban purposes within small urban communities.

2 Without development consent Exempt development as defined in clause 6A; recreation gardens.

3 Only with development consent Any purpose other than a purpose included in Item 2 or 4; dwelling-houses.

4 Prohibited Commercial gardens; extractive, offensive or hazardous industries; institutions; junk yards, within 90 metres of a main road; mines.

Zone No 3 (a) (Business Zone)

1 Objectives of zone The objectives of this zone are:

(a) to recognise and maintain Bowral’s predominance as the prime business and retail centre for the Tablelands subregion,

(b) to recognise and maintain the support functions performed by the smaller business centres in Mittagong and Moss Vale,

(c) to identify a small business centre at East Bowral and within the villages of Bundanoon, Welby and Berrima,

(d) to set aside, by means of a development control plan, specific areas within the zone for automotive, agricultural and building industry businesses, and

(e) to identify, by means of a development control plan, performance standards for areas in the zone relating to such matters as floor space ratio, building height, car parking provision and the like.

2 Without development consent Exempt development as defined in clause 6A; recreation gardens.

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

4 Prohibited Bulk stores; bus depots; caravan parks; drive-in theatres; dwelling-houses or dwellings (other than those attached to or used in conjunction with a purpose included in Item 3); extractive industries; generating works; home industries; industries; junk yards; liquid fuel depots; mines; panel-beating and spraypainting; road transport depots or terminals; sale of bulky goods; sawmills; showrooms; stables; stock and saleyards; tourist facilities; transport terminals; units for aged persons; warehouses.

Zone No 3 (b) (Business (Special) Zone)

1 Objectives of zone The objective of this zone is to provide for a variety of land uses (not including retailing functions) that are better suited to the non-core areas of business centres due to their dependence on vehicular access, scale of development and need to occupy large site areas to accommodate on-site parking and other conveniences relating to those land uses.

2 Without development consent Exempt development as defined in clause 6A; recreation gardens.

3 Only with development consent Advertising structures; automotive businesses; builders’ supply yards; building products showrooms; commercial premises; hardware shops; motels; motor showrooms; places of public worship; plant nurseries; produce stores; real estate offices; recreation facilities (other than a billiard saloons and fun parlours); refreshment rooms; sale of bulky goods; showrooms; take-away food shops; tourist facilities.

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

Zone No 4 (a) (Industrial Zone)

1 Objectives of zone The objectives of this zone are:

(a) to encourage the establishment of industries where a broad range of industrial purposes may be permitted, and

(b) to permit associated commercial and retail development where it relates to the use of the land within the zone for industrial purposes.

2 Without development consent Exempt development as defined in clause 6A; recreation gardens.

3 Only with development consent Advertising structures; builders’ supply yards; building products showrooms; bus depots; car repair stations; drainage; dwellings used in conjunction with a purpose included in Item 4; hardware shops; industries (other than offensive or hazardous industries); institutions; junk yards; liquid fuel depots; motor showrooms; panelbeating and spraypainting; places of public worship; printing works; produce stores; recreation areas; recreation facilities; retail plant nurseries; road transport depots or terminals; sale of bulky goods; service stations; shops referred to in Schedule 1; showrooms; transport terminals; utility installations; veterinary surgeons’ establishments; warehouses.

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

Zone No 4 (b) (Light Industrial Zone)

1 Objectives of zone The objectives of this zone are:

(a) to provide for a variety of light industrial and a limited range of other activities, which are compatible with nearby residential development and which will not detrimentally affect the viability of any business centre, and

(b) to provide for the retailing of bulky goods within light industrial areas, and

(c) to permit ancillary commercial and retail development where it relates to the use of the land within the zone for light industrial purposes.

2 Without development consent Exempt development as defined in clause 6A; recreation gardens.

3 Only with development consent Advertising structures; automotive businesses (other than service stations); builders’ supply yards; building products showrooms; drainage; dwellings used in conjunction with another purpose included in this Item; hardware shops; light industries; milk bars and sandwich shops; produce stores; recreation facilities; retail plant nurseries; roads; sale of bulky goods; utility installations; veterinary surgeons’ establishments; warehouses.

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

Zone No 5 (a) (Special Uses “A” Zone)

1 Objectives of zone The objective of this zone is to make provision for the purposes of a variety of special uses identified on the map such as garbage depots, reservoirs, car parking etc and to make provision for any purposes ordinarily incidental or subsidiary to those uses.

2 Without development consent Recreation gardens.

3 Only with development consent The particular purpose indicated by black lettering on the map or purposes ordinarily incidental or subsidiary to that purpose; drainage; roads; 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 5 (b) (Special Uses “B” (Railways) Zone)

1 Objectives of zone The objective of this zone is to provide for any railway purpose or purpose ordinarily incidental or subsidiary to a railway purpose.

2 Without development consent Recreation gardens.

3 Only with development consent Railway purposes (including any purpose ordinarily incidental or subsidiary to those purposes); drainage; open space; roads; 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 5 (c) (Special Uses “C” (Water Catchment) Zone)

1 Objectives of zone The objective of this zone is to protect land which is designated as being part of a water catchment from incompatible land uses.

2 Without development consent Dams; recreation gardens; water catchment.

3 Only with development consent Agriculture (other than dog breeding or boarding, lot feeding of livestock, poultry farming and pig keeping); any purpose ordinarily incidental or subsidiary to water catchment; bed and breakfast establishments; drainage; dwelling-houses (other than rural workers’ dwellings); exhibition gardens; extractive industries; forestry; mines; parks; playing fields; roads; 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 6 (a) (Open Space (Existing Recreation) Zone)

1 Objectives of zone The objective of this zone is to provide land for public recreation purposes.

2 Without development consent National parks; state recreation areas; recreation gardens; works for the purposes of landscaping, gardening or bush fire hazard reduction.

3 Only with development consent Agriculture; camping grounds; caravan parks; children’s playgrounds; drainage; drill grounds; forestry; parks; public baths; public reserves; racecourses; recreation areas; refreshment rooms; roads; showgrounds; sportsgrounds; uses or buildings associated with those purposes which are under the care, control and management of the council; 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 6 (b) (Open Space (Private Recreation) Zone)

1 Objectives of zone The objective of this zone is to provide land for private recreation purposes (including clubs and commercial premises associated with the prime recreation purpose) and for private recreation areas (including areas containing recreational areas with leases on Crown land).

2 Without development consent Recreation gardens.

3 Only with development consent Bowling greens; camping grounds; caravan parks; drainage; golf courses; racecourses; recreation establishments; recreational facilities; refreshment rooms; showgrounds, sportsgrounds and training tracks (including clubs and commercial premises in connection with those purposes and dwelling-houses and residential buildings required for use or occupation by persons employed in connection with those purposes); 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 6 (c) (Open Space (Special Purposes) Zone)

1 Objectives of zone The objective of this zone is to identify areas having special open space significance such as State forests and passive recreation areas.

2 Without development consent Any purpose authorised under the Forestry Act 1916 ; recreation gardens.

3 Only with development consent Agriculture; camping; caravan parks; drainage; extractive industries; forestry; mines; recreation; roads; 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 6 (d) (Proposed Recreation Reservation Zone)

1 Objectives of zone The objective of this zone is to identify land not in public ownership which is proposed to be acquired for the purposes of public open space.

2 Without development consent Recreation gardens; works for the purposes of landscaping, gardening or bushfire hazard reduction.

3 Only with development consent Buildings erected for the purposes of landscaping, gardening or bushfire hazard reduction; drainage; recreation areas; roads; 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 (a) (Environmental Protection Zone)

1 Objectives of zone The objectives of this zone are:

(a) to identify and protect wetland areas and foreshores possessing special aesthetic, ecological or conservation value, hill-lands, escarpments, river valleys, inland waterways, lakes and other landscape features of scenic significance, prominent escarpments which are intrinsic natural features of the landscape and water catchment areas of significance for local water storage purposes, and

(b) to identify, by means of a development control plan, performance standards for the carrying out of development in the zone.

2 Without development consent Recreation gardens.

3 Only with development consent Agriculture and buildings relating to agriculture (other than dog breeding or boarding, lot feeding of livestock, pig keeping, poultry farming and goat farming); bed and breakfast establishments; dwelling-houses (other than rural workers’ dwellings); exhibition gardens; home industries; local rural industries (subject to clause 16C); parks and reserves; refreshment rooms (in conjunction with wineries and subject to clause 16CB); roads; 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 (Landscape Conservation) Zone)

1 Objectives of zone The objectives of this zone are:

(a) to identify and protect areas of particular scenic value and to ensure the preservation of their cultural, heritage, aesthetic and environmental significance,

(b) to recognise the value of the rural scenic landscape to the local tourist economy,

(c) to permit development and land use activities which are compatible with the heritage and scenic qualities of the key cultural landscape, and

(d) to recognise the potential of coal and extractive resources on land within the zone, and to ensure that their winning takes place by means which are compatible with the heritage and scenic qualities of the key cultural landscape.

2 Without development consent Agriculture (excluding dog breeding or boarding, lot feeding of livestock, pig keeping and poultry farming and, in the hydrological catchment, dairies and animal boarding and breeding establishments); recreation gardens.

3 Only with development consent Bed and breakfast establishments; buildings relating to agriculture; dams, ponds and artificial waterbodies; dog breeding; dwelling-houses (other than rural workers’ dwellings); exhibition gardens; extractive industries; general stores; home industries; local rural industries; mining; plant nurseries; public buildings; refreshment rooms (in conjunction with wineries and subject to clause 16CB); roads; roadside stalls; stables; stock and saleyards; utility installations; veterinary hospitals.

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

Zone No 8 (a) (Existing National Parks and Nature Reserves Zone)

1 Objectives of zone The objective of this zone is to identify national parks and nature reserves.

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

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.

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 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 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 9 (b) (Proposed Local Road Zone)

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

2 Without development consent 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.

Zone No 9 (c) (Reservation Special Use (Parking etc Zone)

1 Objectives of zone The objective of this zone is to provide for the reservation of land for special purposes.

2 Without development consent Nil.

3 Only with development consent The particular purpose indicated by black lettering on the map or purposes ordinarily incidental or subsidiary to that purpose; utility installations (other than gas holders or generating works).

4 Prohibited Any purpose other than a purpose included in Item 3.