New South Wales Consolidated Regulations

WELLINGTON LOCAL ENVIRONMENT PLAN 1995 - REG 10

10 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 development (if any) which:

(a) may be carried out without development consent,

(b) may be carried out only with development consent, and

(c) is prohibited,

is 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 should 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 Number 1 (a) (Rural)

1 Objectives of zone The objectives of this zone are:

(a) to enable the continuation of traditional forms of rural land use and occupation,

(b) to maintain land having potential for agricultural production in units which are suitable for a range and variety of agricultural land uses,

(c) to encourage other forms of development which are associated with rural activity, or which support the tourism objective listed in clause 3,

(d) to ensure that the type and intensity of development is appropriate in relation to the characteristics of the land, the rural environment and the costs of providing public services and amenities,

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

(i) it is not used for non-agricultural purposes, and

(ii) any allotment created for agricultural purposes is suitable for that purpose,

(f) to protect or conserve:

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

(ii) forests of commercial value for timber production,

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

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

(v) water resources for use in the public interest,

(vi) areas of significance for nature conservation, including areas of rare plants, wetlands and significant habitat, and

(vii) places and buildings of archaeological or heritage significance, including Aboriginal relics and places, and

(g) to facilitate farm adjustments.

2 Without development consent Development for the purpose of:

agriculture (other than intensive livestock keeping).

Exempt development.

3 Only with development consent Development other than that included in Item 2 or 4.

4 Prohibited Development for the purpose of:

boarding houses; manufactured home estates; motor showrooms; residential flat buildings; shops (other than general stores).

Zone Number 1 (a1) (Intensive Agriculture)

1 Objectives of zone The objectives of this zone are:

(a) to conserve prime crop and pasture land for a range of intensive agricultural pursuits and other agricultural industries,

(b) to ensure that development of land in the zone which is liable to flooding is carried out in a manner appropriate to the flood hazard, and

(c) to accommodate complementary development on land within the zone which is not subject to flooding and not agriculturally productive.

2 Without development consent Development for the purpose of:

agriculture (other than intensive livestock keeping).

Exempt development.

3 Only with development consent Development other than that included in Item 2 or 4.

4 Prohibited Development for the purpose of:

animal boarding and training establishments; boarding houses; bulk stores; car repair stations; clubs; commercial premises; dwelling houses (other than those ancillary to an agricultural land use); health care professionals’ offices; industries (other than home or rural industries); liquid fuel depots; manufactured home estates; motor showrooms; places of public assembly; places of public worship; professional consulting rooms; recreation establishments; recreation facilities; refreshment rooms; residential flat buildings; sawmills; service stations; shops; stock and sale yards; transport terminals.

Zone Number 1 (c) (Rural Small Holdings)

1 Objectives of zone The objectives of this zone are:

(a) to permit rural residential development within a minimum lot size of 4,000 square metres having regard to the provision of services to an acceptable standard and environmental conservation, and

(b) to enable other forms of development to be carried out on land within the zone if they are in keeping with the character of the locality and they are compatible with existing or likely future small holdings or hobby farms.

2 Without development consent Development for the purpose of:

agriculture (other than intensive livestock keeping).

Exempt development.

3 Only with development consent Development other than that included in Item 2 or 4.

4 Prohibited Development for the purpose of:

advertising structures; animal boarding and training establishments; boarding houses; bulk stores; car repair stations; commercial premises; extractive industries; hotels; intensive livestock keeping (excluding intensive production of fish or crustaceans in tanks, ponds, dams and the like); junk yards; liquid fuel depots; manufactured home estates; motels; motor showrooms; offensive or hazardous industries; places of assembly; refreshment rooms; residential flat buildings; sawmills; service stations; shops; stock and sale yards; tourist facilities; transport terminals; warehouses.

Zone Number 2 (a) (Residential)

1 Objectives of zone The objectives of this zone are:

(a) to maintain and provide areas of a residential character while enabling non-residential development which can service the needs of the precinct, and

(b) to ensure that development does not place demands on services beyond the level reasonably required for residential use.

2 Without development consent Exempt development.

3 Only with development consent Development other than that included in Item 2 or 4.

4 Prohibited Development for the purpose of:

advertisements; advertising structures; animal boarding and training establishments; bulk stores; car repair stations; commercial premises (other than exhibition homes); gas holders; generating works; hotels; industries (other than home industries); institutions; intensive livestock keeping; junk yards; liquid fuel depots; mines; motels; motor showrooms; places of public assembly; refreshment rooms; retail plant nurseries; roadside stalls; sawmills; service stations; stock and sale yards; transport terminals; warehouses.

Zone Number 2 (v) (Village)

1 Objectives of zone The objectives of this zone are to recognise existing villages and to enable future development appropriate to their function and character.

2 Without development consent Exempt development.

3 Only with development consent Development other than that included in Item 4.

4 Prohibited Development for the purpose of:

institutions; intensive livestock keeping; mines; offensive and hazardous industries.

Zone Number 3 (Business)

1 Objectives of zone The objective of this zone is to provide for commercial development to serve the needs of the surrounding land.

2 Without development consent Exempt development.

3 Only with development consent Development other than that included in Item 4.

4 Prohibited Development for the purpose of:

amusement parks; animal boarding and training establishments; boarding houses; caravan parks; detached dwellings; extractive industries; gas holders; generating works; industries (other than light industries); institutions; intensive livestock keeping; junk yards; liquid fuel depots; mines; roadside stalls; sawmilling; stock and sale yards; timber yards; transport terminals (other than airline terminals or bus stations); warehouses.

Zone Number 4 (Industrial)

1 Objectives of zone The objective of this zone is to provide for a wide range of industrial purposes together with associated commercial development.

2 Without development consent Exempt development.

3 Only with development consent Development other than that included in Item 4.

4 Prohibited Development for the purpose of:

boarding houses; caravan parks; dwellings; educational establishments; extractive industries; hospitals; institutions; mines; motels; offensive or hazardous industries; places of assembly; roadside stalls.

Zone Number 5 (a) [Special Uses (Public Purposes)]

1 Objectives of zone The objective of this zone is to provide for public facilities on publicly owned land.

2 Without development consent Exempt development.

3 Only with development consent Development for the purpose of:

any public land use, including any land uses ordinarily incidental or subsidiary to public land uses; any land uses which produce revenue intended to be used for public purposes; utility installations.

4 Prohibited Development other than that included in Item 3.

Zone Number 5 (b) [Special Uses (Railway)]

1 Objectives of zone The objectives of this zone are to recognise railway land and to provide for appropriate operational and associated development.

2 Without development consent Development for the purpose of railways.
Exempt development.

3 Only with development consent Development other than that included in Item 2.

4 Prohibited Nil.

Zone Number 6 (Open Space)

1 Objectives of zone The objective of this zone is to encourage the effective and efficient management of open space, including national parks, nature reserves, public and Crown land.

2 Without development consent Development for the purpose of:

any land use authorised under the National Parks and Wildlife Act 1974 ; drainage; landscaping, gardening and bushfire hazard reduction.

Exempt development.

3 Only with development consent Development for the purpose of:

agriculture, including grazing; buildings used for landscaping, gardening or bushfire hazard reduction; racecourses; recreation areas; roads; showgrounds; utility installations (other than gas holders or generating works).

4 Prohibited Development other than that included in Item 2 or 3.

Zone Number 7 (Environmental Protection)

1 Objectives of zone The objective of this zone is to ensure that development is carried out in a manner which protects, enhances and does not adversely affect the environmental qualities of the land.

2 Without development consent Development for the purpose of:

grazing.

Exempt development.

3 Only with development consent Development other than that included in Item 2 or 4.

4 Prohibited Development for the purpose of:

advertisements; advertising structures; boarding houses; car repair stations; clubs; commercial premises; industries (other than home industries); intensive livestock keeping; junk yards; liquid fuel depots; manufactured home estates; motor showrooms; recreation vehicle areas; residential flat buildings; service stations; shops (other than general stores); stock and sale yards; transport terminals; warehouses.