New South Wales Consolidated Regulations

WOLLONGONG LOCAL ENVIRONMENTAL PLAN NO 38 - REG 10A

10A 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 are:

(a) to provide a rural atmosphere on the outskirts of the city and to act as a reservoir from which land suitable for urban development can be drawn to cater for natural urban growth, and

(b) to allow agricultural pursuits which are not likely to:

(i) inhibit or prejudice the present environmental quality or future development potential of the land, and

(ii) lead to a demand for further public services or render them more difficult or expensive to provide once urban development takes place.

2 Without development consent Nil.

3 Only with development consent Any purpose other than a purpose for which development is prohibited.

4 Prohibited Boarding-houses; bulk stores; car repair stations; commercial premises; industries (other than extractive industries, home industries or rural industries); motor showrooms; professional consulting rooms; residential flat buildings; service stations; shops; units for aged persons; warehouses.

Zone No 1 (b) (Rural “B” Zone)

1 Objectives of zone The objectives are:

(a) to provide a rural atmosphere on the outskirts of the city and to act as a reservoir from which land suitable for urban development can be drawn to cater for natural urban growth,

(b) to allow agricultural pursuits which are not likely to:

(i) inhibit or prejudice the present environmental quality or future development potential of the land, or

(ii) lead to a demand for further public services or render them more difficult or expensive to provide once urban development takes place, and

(c) to prevent the establishment of traffic generating development along arterial roads.

2 Without development consent Nil.

3 Only with development consent Any purpose other than a purpose for which development is prohibited.

4 Prohibited Boarding-houses; bulk stores; caravan parks; car repair stations; clubs; commercial premises; drive-in theatres; gas holders; general stores; generating works; helipads; heliports; holiday cabins; hospitals; hotels; industries (other than extractive industries or home industries); junk yards; liquid fuel depots; motels; motor showrooms; places of assembly; places of public worship; professional consulting rooms; public buildings; recreation facilities; refreshment rooms; residential flat buildings; roadside stalls; sawmills; service stations; shops; stock and sale yards; taverns; timber yards; tourist facilities; transport terminals; units for aged persons; warehouses.

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

1 Objectives of zone The objectives are to provide for forestry activity and certain other compatible land uses to be carried out with the consent of the council.

2 Without development consent Forestry.

3 Only with development consent Leisure areas; roads; utility installations (other than gas holders or generating works).

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

Zone No 2 (a) (Residential “A” Zone)

1 Objectives of zone The objectives are:

(a) to provide land primarily for detached housing with private gardens in an environment free from commercial and other unsympathetic activities and buildings, and

(b) to allow some diversity of housing type at densities comparable to those of detached housing.

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 Advertising structures; boarding-houses; bulk stores; car repair stations; caravan parks; clubs; commercial premises; drive-in theatres; gas holders; general stores; generating works; helipads; heliports; holiday cabins; hotels; industries; institutions; junk yards; leisure areas; liquid fuel depots; mines; motels; motor showrooms; places of assembly; places of public worship; professional consulting rooms; public buildings; recreation areas; recreation establishments; recreation facilities; refreshment rooms; retail plant nurseries; roadside stalls; sawmills; service stations; shops; stock and sale yards; taverns; timber yards; tourist facilities; transport terminals; warehouses.

Zone No 2 (b) (Residential “B” Zone)

1 Objectives of zone The objectives are:

(a) to cater for a wide range of housing types essentially domestic in scale and character, and

(b) to allow for increases in residential density and for urban consolidation in appropriate locations.

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 Advertising structures; bulk stores; car repair stations; clubs; commercial premises; drive-in theatres; gas holders; generating works; helipads; heliports; hotels; industries (other than home industries); institutions; junk yards; leisure areas; liquid fuel depots; mines; motor showrooms; places of assembly; public buildings; recreation areas; recreation facilities; refreshment rooms; retail plant nurseries; roadside stalls; sawmills; service stations; shops; stock and sale yards; taverns; timber yards; tourist facilities; transport terminals; warehouses.

Zone No 2 (c) (Residential “C” (High Density) Zone)

1 Objectives of zone The objective is to allow for high density residential development close to the regional centre.

2 Without development consent Nil.

3 Only with development consent Any purpose other than a purpose for which development is prohibited.

4 Prohibited Advertising structures; bulk stores; car repair stations; caravan parks; clubs; commercial premises; gas holders; generating works; helipads; heliports; holiday cabins; hotels; industries; institutions; junk yards; leisure areas; liquid fuel depots; mines; motor showrooms; places of assembly; public buildings; recreation areas; recreation facilities; refreshment rooms; retail plant nurseries; roadside stalls; sawmills; service stations; shops; stables; stock and sale yards; taverns; timber yards; tourist facilities (other than motels); transport terminals; warehouses.

Zone No 2 (d) (Residential “D” (Special) Zone)

1 Objectives of zone The objectives are:

(a) to provide opportunities for the development of small scale business and other activities operated in conjunction with dwellings, and

(b) to allow the transition of areas from residential to other uses whilst protecting the amenity of the neighbouring inhabitants.

2 Without development consent Nil.

3 Only with development consent Any purpose other than a purpose for which development is prohibited.

4 Prohibited Advertising structures; commercial premises (other than those having a gross floor area not exceeding 25 square metres); drive-in theatres; gas holders; generating works; helipads; heliports; hospitals; industries (other than home industries or light industries specified in Schedule 3); institutions; junk yards; leisure areas; liquid fuel depots; mines; recreation areas; road transport terminals; roadside stalls; sawmills; shops (other than those specified in Schedule 2, those which are light industrial retail outlets or those having a gross floor area not exceeding 25 square metres); stock and sale yards.

Zone No 2 (e) (Residential “E” (Living Area) Zone

1 Objectives of zone The objective is to allow new residential estates to be developed taking full advantage of changing demand for different kinds of housing and other activities.

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 Advertising structures; bulk stores; car repair stations; caravan parks; commercial premises (other than those specified in Schedule 4); drive-in theatres; gas holders; generating works; helipads; heliports; holiday cabins; industries (other than home industries or light industries specified in Schedule 3); institutions; junk yards; liquid fuel depots; mines; motor showrooms; roadside stalls; sawmills; shops (other than those specified in Schedule 5); stock and sale yards; timber yards; transport terminals (other than bus stations); warehouses.

Zone No 2 (f) (Village Zone)

1 Objectives of zone The objectives are:

(a) to preserve the small scale and generally residential character of distinct village areas, and

(b) to allow for some non-residential uses where these are compatible with neighbouring land uses whilst protecting the amenity of neighbouring inhabitants.

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 Advertising structures; bulk stores; drive-in theatres; helipads; heliports; industries (other than home industries or light industries); institutions; junk yards; liquid fuel depots; mines; mineral sand mines; motor showrooms; sawmills; stock and sale yards; timber yards; transport terminals; warehouses.

Zone No 3 (a) (General Business Zone)

1 Objectives of zone The objectives are to focus and consolidate retail and business development in accessible locations.

2 Without development consent Nil.

3 Only with development consent Any purpose other than a purpose for which development is prohibited.

4 Prohibited Boarding-houses; bulk stores; caravan parks; drive-in theatres; gas holders: generating works; helipads; heliports; holiday cabins; hospitals; industries (other than home industries or light industries specified in Schedule 3); institutions; junk yards; liquid fuel depots; mines; roadside stalls; sawmills; stables; stock and sale yards; transport terminals (other than bus stations).

Zone No 3 (b) (Peripheral Business Zone)

1 Objectives of zone The objective is to allow for land intensive business, excluding convenience establishments, to locate close to, or peripherally to, general business.

2 Without development consent Nil.

3 Only with development consent Any purpose other than a purpose for which development is prohibited.

4 Prohibited Boarding-houses; gas holders; general stores; generating works; helipads; heliports; hospitals; industries (other: than home industries or light industries): institutions; liquid fuel depots; roadside stalls; sawmills; shops (other than those specified in Schedule 2 or 6); stock and sale yards.

Zone No 3 (c) (Regional Business Zone)

1 Objectives of zone The objective is to promote the growth of the Wollongong Central Business District as the regional centre.

2 Without development consent Nil.

3 Only with development consent Any purpose other than a purpose for which development is prohibited.

4 Prohibited Agriculture; boarding-houses; bulk stores; caravan parks; drive-in theatres; gas holders; generating works; helipads; heliports; holiday cabins; hospitals; industries (other than home industries or light industries specified in Schedule 3); institutions; junk yards; liquid fuel depots; mines; motor showrooms; roadside stalls; sawmills; stables; stock and sale yards; timber yards; transport terminals (other than bus stations); warehouses.

Zone No 3 (d) (Neighbourhood Business Zone)

1 Objectives of zone The objectives are to allow for businesses and neighbourhood activities which serve the local community and are limited in scale.

2 Without development consent Nil.

3 Only with development consent Any purpose other than a purpose for which development is prohibited.

4 Prohibited Boarding-houses; bulk stores; caravan parks; drive-in theatres; gas holders; generating works; helipads, heliports; holiday cabins; hospitals; industries (other than home industries or industries specified in Schedule 3); institutions; junk yards; liquid fuel depots; mines; motor showrooms; roadside stalls; sawmills; stables; stock and sale yards; timber yards; transport terminals (other than bus stations); warehouses.

Zone No 4 (a) (Light Industrial Zone)

1 Objectives of zone The objective is to cater for a wide range of manufacturing and service activities which will not have a detrimental effect on the amenity of nearby residents.

2 Without development consent Nil.

3 Only with development consent Any purpose other than a purpose for which development is prohibited.

4 Prohibited Boarding-houses; caravan parks; clubs; commercial premises; dwellings (other than those used in conjunction with industry and situated on the land on which the industry is located); educational establishments; gas holders; generating works; helipads; heliports; holiday cabins; hospitals; hotels; industries (other than home industries or light industries); institutions; mines; motels; motor showrooms; places of assembly; places of public worship; professional consulting rooms; public buildings; recreation establishments; refreshment rooms; roadside stalls; sawmills; shops (other than those specified in Schedule 2); taverns; tourist facilities.

Zone No 4 (b) (Heavy Industrial Zone)

1 Objectives of zone The objectives are:

(a) to provide suitable areas for those industrial enterprises which should be kept well away from residential neighbourhoods, and

(b) to make the best use of public utilities and infrastructure required by substantial enterprises.

2 Without development consent Nil.

3 Only with development consent Any purpose other than a purpose for which development is prohibited.

4 Prohibited Boarding-houses; caravan parks; clubs; commercial premises; dwellings (other than those used in conjunction with industry and situated on the land on which the industry is located); educational establishments; heliports; holiday cabins; hospitals; hotels; institutions; motels; motor showrooms; offensive or hazardous industries; places of assembly; places of public worship; professional consulting rooms; public buildings; recreation areas; recreation establishments; recreation facilities; refreshment rooms; roadside stalls; shops (other than those specified in Schedule 2); stock and sale yards; taverns; tourist facilities.

Zone No 4 (c) (Extractive Industrial Zone)

1 Objectives of zone The objectives are:

(a) to manage the extractive resources of the city in a co-ordinated manner so as to meet community needs while ensuring that adverse impacts on the environment and the community are minimal, and

(b) to ensure that development proposals for land containing extractive resources are assessed in relation to the potential problem of rendering those resources unavailable.

2 Without development consent Nil.

3 Only with development consent Advertising structures; agriculture; drainage; extractive industries; forestry; landfill; mines; roads; stables; utility installations (other than gas holders or generating works).

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

Zone No 4 (d) (Offensive or Hazardous Industrial Zone)

1 Objectives of zone The objective is to provide suitable areas for those industrial enterprises of a noxious or hazardous nature which should be kept well away from residential neighbourhoods.

2 Without development consent Nil.

3 Only with development consent Advertising structures; drainage; liquid fuel depots; offensive or hazardous industries; roads; utility installations.

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 Zone)

1 Objectives of zone The objective is to cater for the provision of community and public facilities and services.

2 Without development consent Nil.

3 Only with development consent The particular purpose indicated by black lettering on the map; purposes ancillary or incidental to such a purpose; drainage; roads; utility installations (other than gas holders or generating works).

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 Zone)

1 Objectives of zone The objective is to maintain land for railway purposes.

2 Without development consent Nil.

3 Only with development consent Car parking; drainage; open space; railways; roads; utility installations (other than gas holders or generating works).

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

Zone No 6 (a) (Open Space-Recreational Zone)

1 Objectives of zone The objectives are:

(a) to identify area where recreation facilities for the general use of the community for active and passive recreation are provided, and

(b) to cater for the development of a wide range of facilities of benefit to neighbourhood communities.

2 Without development consent Public parks and reserves.

3 Only with development consent Advertising structures; agriculture; caravan parks; child care centres; clubs; community centres; drainage; drillgrounds; forestry; golf courses; holiday cabins; leisure areas; playgrounds; racecourses; recreation areas; recreation facilities; refreshment rooms; roads; showgrounds; sports areas; surf life saving clubs; swimming pools; utility installations (other than gas holders or generating works).

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

Zone No 6 (b) (Open Space-Private Recreation Zone)

1 Objectives of zone The objective is to identify areas where private recreation facilities are and may be developed.

2 Without development consent Nil.

3 Only with development consent Advertising structures; agriculture; bowling greens; caravan parks; clubs; drainage; dwellings used in conjunction with a purpose for which development consent is required and situated on the land on which development for that purpose is carried out; golf courses; holiday cabins; leisure areas; racecourses; recreation areas; recreation establishments; recreation facilities; roads; stables; training tracks; utility installations (other than gas holders or generating works).

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

Zone No 6 (c) (Open Space-Tourism Zone)

1 Objectives of zone The objective is to identify areas and encourage tourist oriented development in designated tourism precincts.

2 Without development consent Nil.

3 Only with development consent Advertising structures; agriculture; boarding-houses; bus stations; car parking; caravan parks; child care centres; clubs; commercial premises specified in Schedule 7 (contained within a multi-purpose building); community centres; drainage; dwellings (contained within a multi-purpose building); educational establishments (excluding schools, colleges, technical colleges or academies); holiday cabins; home employment; hotels; leisure areas; motels; places of assembly; recreation areas; recreation facilities; refreshment rooms; residential flat buildings; retail plant nurseries; roads; service stations; shops specified in Schedule 7 (contained within a multi-purpose building); stables; taverns; tourist facilities; utility installations (other than gas holders or generating works).

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

Zone No 7 (a) (Environmental Protection (Wetland) Zone)

1 Objectives of zone The objective is to protect environmentally important lands possessing special aesthetic, ecological or conservational value.

2 Without development consent Nil.

3 Only with development consent Agriculture (other than animal breeding, boarding or training establishments, buildings used in conjunction with agriculture, feed-lots or stables); utility installations (other than gas holders or generating works).

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

Zone No 7 (c) (Environmental Protection (Water Catchment) Zone)

1 Objectives of zone The objective is to identify and protect land forming part of the catchment areas of the city water supply.

2 Without development consent Nil.

3 Only with development consent Any purpose associated with the protection and provision of stored water supplies; any purpose ordinarily incidental to or subsidiary to such purposes; agriculture; drainage; dwelling-houses; extractive industries; forestry; home employment; mines; open space; roads; stables; utility installations (other than gas holders or generating works).

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

Zone No 7 (d) (Environmental Protection (Scenic) Zone)

1 Objectives of zone The objectives are to identify and protect areas regarded as having special scenic qualities of the environment which enhance the visual amenity.

2 Without development consent Nil.

3 Only with development consent Agriculture; animal breeding; boarding or training establishments; buildings used in conjunction with agriculture; caravan parks; coal mines (and any purpose ordinarily incidental or subsidiary to coal mining); dams; drainage; dwelling-houses; feed-lots; holiday cabins; home employment; leisure areas; roads; stables; utility installations (other than gas holders or generating works).

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

Zone No 7 (e) (Environmental Protection (Escarpment) Zone)

1 Objectives of zone The objectives are to identify and protect the escarpment areas which enhance the visual amenity and possess special aesthetic or conservational value.

2 Without development consent Nil.

3 Only with development consent Agriculture (other than animal breeding, boarding or training establishments or feed-lots); buildings used in conjunction with agriculture; coal mines (and any purpose ordinarily incidental or subsidiary to coal mining); cottage industries; dams; drainage; dwelling-houses; home employment; leisure areas; roads; stables; utility installations (other than gas holders or generating works).

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

Zone No 7 (f) (Environmental Protection (Foreshore Protection) Zone)

1 Objectives of zone The objectives are to identify and protect the foreshore environment which enhances the visual amenity and possesses ecological or conservational value.

2 Without development consent Nil.

3 Only with development consent Agriculture (other than animal breeding, boarding or training establishments, buildings used in conjunction with agriculture, feed-lots or stables); dams; drainage; leisure areas; roads; utility installations (other than gas holders or generating works).

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

Zone No 7 (g) (Environmental Protection (Living Area) Zone)

1 Objectives of zone The objective is to cater for residential development in selected areas possessing special environmental qualities or which may be affected by environmental hazards.

2 Without development consent Nil.

3 Only with development consent Any purpose other than a purpose for which development is prohibited.

4 Prohibited Advertising structures; boarding-houses; bulk stores; car repair stations; caravan parks; clubs; commercial premises; general stores; generating works; helipads; heliports; holiday cabins; hotels; industries (other than home industries or cottage industries); institutions; junk yards; leisure areas; liquid fuel depots; mines; mineral sand mines; motels; motor showrooms; places of assembly; places of public worship; professional consulting rooms; public buildings; recreation areas; recreation establishments; recreation facilities; refreshment rooms; retail plant nurseries; roadside stalls; rural worker’s dwellings; sawmills; service stations; shops; stock and sale yards; taverns; timber yards; tourist facilities; transport terminals; warehouses.

Zone No 7 (h) (Environmental Protection (Hacking River) Zone)

1 Objectives of zone The objectives are to identify and protect the conservation value of the relatively pristine tributaries of the Hacking River Catchment, and thereby safeguard the natural qualities of the area to complement the Royal National Park.

2 Without development consent Nil.

3 Only with development consent Agriculture (other than animal breeding, boarding or training establishments or feed lots); buildings used in conjunction with agriculture; caravan parks; coal mining (and any purpose ordinarily incidental or subsidiary to coal mining); dams; drainage; dwelling-houses; holiday cabins; home employment; leisure areas; roads; stables; utility installations (other than gas holders or generating works).

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

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

1 Objectives of zone The objectives are to preserve and manage national parks and nature reserves for conservational and recreational purposes.

2 Without development consent Nil.

3 Only with development consent Any purpose authorized under the National Parks and Wildlife Act 1974 ; any purpose ordinarily incidental to or subsidiary to such a purpose.

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

Zone No 8 (b) (State Recreation Areas Zone)

1 Objectives of zone The objectives are to preserve and manage State recreation areas for conservation and recreational purposes.

2 Without development consent Nil.

3 Only with development consent Coal mining (and any purpose ordinarily incidental or subsidiary to coal mining); any purpose authorised under the National Parks and Wildlife Act 1974 .

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

Zone No 9 (a) (Special Uses Reservation Zone)

1 Objectives of zone The objectives are:

(a) to ensure that land required for future essential services and community purposes is clearly designated,

(b) to provide for the acquisition of land within the zone,

(c) to permit the development of land within the zone where it is not immediately required, and

(d) to allow the continued use of land within the zone until it is required.

2 Without development consent Nil.

3 Only with development consent The particular purpose indicated by black lettering on the map; any purpose ordinarily incidental or subsidiary to such a purpose; drainage; open space; roads; utility installations (other than gas holders or generating works).

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

Zone No 9 (b) (Arterial Roads Reservation Zone)

1 Objectives of zone The objectives are:

(a) to ensure that land required for future arterial roads is clearly designated,

(b) to provide for the acquisition of land within the zone,

(c) to permit the development of land within the zone where it is not immediately required, and

(d) to allow the continued use of land within the zone until it is required.

2 Without development consent Arterial roads; widening of existing arterial roads.

3 Only with development consent Drainage; utility installations (other than gas holders or generating works).

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

Zone No 9 (c) (Local Roads Reservation Zone)

1 Objectives of zone The objectives are:

(a) to ensure that land required for future local roads is clearly designated,

(b) to provide for the acquisition of land within the zone,

(c) to permit the development of land within the zone where it is not immediately required, and

(d) to allow the continued use of land within the zone until it is required.

2 Without development consent Local roads; widening of existing local roads.

3 Only with development consent Drainage; utility installations (other than gas holders or generating works).

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

Zone No 9 (d) (Open Space Reservation Zone)

1 Objectives of zone The objectives are:

(a) to ensure that land required for future open space is clearly designated,

(b) to provide for the acquisition of land within the zone,

(c) to permit the development of land within the zone where it is not immediately required, and

(d) to allow the continued use of land within the zone until it is required.

2 Without development consent Public parks and reserves.

3 Only with development consent Advertising structures; agriculture; caravan parks; child care centres; clubs; community centres; drainage; drillgrounds; forestry; golf courses; holiday cabins; leisure areas; playgrounds; racecourses; recreation areas; recreation facilities; refreshment rooms; roads; showgrounds; sports areas; surf life saving clubs; swimming pools; utility installations (other than gas holders or generating works).

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