Not only do Council control zoning and minimum lot sizes, they also control some miscellaneous provisions relating to the permissible use of the land. These are listed below.
During the consolidation of the LEP's, Council are proposing to 'rationalise' these provisions. They have listed what is currently allowed under each of the former Shires Local Environmental Plans and what they think is suitable in the consolidated LEP.
(1) Bed and breakfast accommodation
If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than [insert number not less than 3] bedrooms. Note. Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.
Bombala LEP 2012 - 4 bedrooms
Cooma-Monaro LEP 2013 - 3 bedrooms
Snowy River LEP 2013 - 3 bedrooms
Recommendation for Comprehensive Snowy Monaro LEP - 3 bedrooms is recommended (where bed and breakfast are permissible with consent in R1 and R2 zones to reduce the parking burden)
(2) Home businesses
If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than [insert number not less than 30] square metres of floor area.
Bombala LEP 2012 - 60 square metres
Cooma-Monaro LEP 2013 - 50 square metres
Snowy River LEP 2013 - 50 square metres
Recommendation for Comprehensive Snowy Monaro LEP - Based on the average house size in Australia of 186m (2019), it is considered that this figure should be limited to 50sqm. Increasing this any further could mean that the dwelling no longer use primarily (in area) for residential purposes.
(3) Home industries If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than [insert number not less than 30] square metres of floor area.
Bombala LEP 2012 - 60 square metres
Cooma-Monaro LEP 2013 - 50 square metres
Snowy River LEP 2013 - 50 square metres
Recommendation for Comprehensive Snowy Monaro LEP - Based on the average house size in Australia of 186m (2019), it is considered that this figure should be limited to 50sqm. Increasing this any further could mean that the dwelling no longer use primarily (in area) for residential purposes.
(4) Industrial retail outlets
If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed—[insert number not more than 67]% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or [insert number not more than 400] square metres, whichever is the lesser.
Bombala LEP 2012 - 67% or 400 square metres
Cooma-Monaro LEP 2013 - 40% or 150sqm
Snowy River LEP 2013 - 20% or 400sqm
Recommendation for Comprehensive Snowy Monaro LEP - Retail area is not to exceed 40% or 400sqm whichever is the lesser.
(5) Farm stay accommodation
If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than [insert number not less than 3] bedrooms.
Bombala LEP 2012 - 4 bedrooms
Cooma-Monaro LEP 2013 - 3 bedrooms
Snowy River LEP 2013 - 8 bedrooms
Recommendation for Comprehensive Snowy Monaro LEP - Farm stay accommodation be limited to 4 bedrooms to ensure any accommodation business is secondary to primary production, not have an adverse impact on the rural landscape and nature of the land
(6) Kiosks
If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed [insert number not less than 10] square metres.
Bombala LEP 2012 - 50 square metres
Cooma-Monaro LEP 2013 - 20 square metres
Snowy River LEP 2013 - 10 square metres
Recommendation for Comprehensive Snowy Monaro LEP - 50sqm is considered an appropriate size not to undermine a neighbourhood shops role but also to provide a functional space to meet its definition.
(7) Neighbourhood shops
If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed [insert number not less than 80 and not more than 1,000] square metres.
Bombala LEP 2012 - 125 square metres
Cooma-Monaro LEP 2013 - 80 square metres
Snowy River LEP 2013 - 100 square metres
Recommendation for Comprehensive Snowy Monaro LEP - 100sqm is considered adequate to provide a functional shop space. Allowing larger shops would undermine the role of larger commercial areas.
(7AA) Neighbourhood supermarkets
If development for the purposes of a neighbourhood supermarket is permitted under this Plan, the gross floor area must not exceed 1,000 square metres.
(8) Roadside stalls
If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed [insert number not less than 8] square metres.
Bombala LEP 2012 - 20 square metres
Cooma-Monaro LEP 2013 - 8 square metres
Snowy River LEP 2013 - 10 square metres
Recommendation for Comprehensive Snowy Monaro LEP - Area is to be large enough to accommodate a medium sized trailer or small caravan therefore 15sqm (i.e. 3 x 5m) is considered suitable
(9) Secondary dwellings
If development for the purposes of a secondary dwelling is permitted under this Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater— (a) 60 square metres, (b) [insert number]% of the total floor area of the principal dwelling.
Bombala LEP 2012 - 43%
Cooma-Monaro LEP 2013 - 50%
Snowy River LEP 2013 - 30%
Recommendation for Comprehensive Snowy Monaro LEP - 30% in the Settlements Strategy and 40% in the Rural Land Use Strategy
(10) Artisan food and drink industry exclusion
If development for the purposes of an artisan food and drink industry is permitted under this Plan in an industrial or rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed— (a) [insert number not more than 67%] of the gross floor area of the industry, or (b) [insert number not more than 400] square metres, whichever is the lesser.
Bombala LEP 2012 - 67% or 400 square metres
Cooma-Monaro LEP 2013 - 40% or 150 square metres
Snowy River LEP 2013 - 20% or 400 square metres
Recommendation for Comprehensive Snowy Monaro LEP - Retail are is not to exceed 30% or 150 square metres
Definitions relating to the above
(1) bed and breakfast accommodation means an existing dwelling in which temporary or short-term accommodation is provided on a commercial basis by the permanent residents of the dwelling and where—
(a) meals are provided for guests only, and
(b) cooking facilities for the preparation of meals are not provided within guests’ rooms, and
(c) dormitory-style accommodation is not provided.
(2) home business means a business that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve—
(a) the employment of more than 2 persons other than those residents, or
(b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,
or
(c) the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or
(d) the exhibition of any signage (other than a business identification sign), or
(e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building, but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
(3) home industry means a dwelling (or a building ancillary to a dwelling) used by one or more permanent residents of the dwelling to carry out an industrial activity that does not involve any of the following—
(a) the employment of more than 2 persons other than those residents,
(b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,
(c) the exposure to view, from any adjacent premises or from any public place, of any unsightly matter,
(d) the exhibition of any signage (other than a business identification sign),
(e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building, but does not include bed and breakfast accommodation or sex services premises.
(4) industrial retail outlet means a building or place that—
(a) is used in conjunction with an industry (other than an artisan food and drink industry) or rural industry, and
(b) is situated on the land on which the industry or rural industry is located, and
(c) is used for the display or sale (whether by retail or wholesale) of only those goods that have been manufactured on the land on which the industry or rural industry is located,
but does not include a warehouse or distribution centre.
(5) farm stay accommodation means a building or place that provides temporary or short-term accommodation to paying guests on a working farm as a secondary business to primary production.
(6) kiosk means premises that are used for the purposes of selling food, light refreshments and other small convenience items such as newspapers, films and the like.
(7) neighbourhood shop means premises used for the purposes of selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank or dry cleaning, but does not include neighbourhood supermarkets or restricted premises.
(7AA) neighbourhood supermarket means premises the principal purpose of which is the sale of groceries and foodstuffs to provide for the needs of people who live or work in the local area.
(8) roadside stall means a place or temporary structure used for the retail sale of agricultural produce or hand crafted goods (or both) produced from the property on which the stall is situated or from an adjacent property.
(9) secondary dwelling means a self-contained dwelling that—
(a) is established in conjunction with another dwelling (the principal dwelling), and
(b) is on the same lot of land as the principal dwelling, and
(c) is located within, or is attached to, or is separate from, the principal dwelling.
(10) artisan food and drink industry means a building or place the principal purpose of which is the making or manufacture of boutique, artisan or craft food or drink products only. It must also include at least one of the following—
(a) a retail area for the sale of the products,
(b) a restaurant or cafe,
(c) facilities for holding tastings, tours or workshops.
gross floor area means the sum of the floor area of each floor of a building measured from the internal face of
external walls, or from the internal face of walls separating the building from any other building, measured at a
height of 1.4 metres above the floor, and includes—
(a) the area of a mezzanine, and
(b) habitable rooms in a basement or an attic, and
(c) any shop, auditorium, cinema, and the like, in a basement or attic,
but excludes—
(d) any area for common vertical circulation, such as lifts and stairs, and
(e) any basement—
(i) storage, and
(ii) vehicular access, loading areas, garbage and services, and
(f) plant rooms, lift towers and other areas used exclusively for mechanical services or ducting, and
Standard Instrument (Local Environmental Plans) Order 2006 [NSW]
Current version for 17 April 2020 to date (accessed 4 November 2020 at 16:13) Page 76 of 109
(g) car parking to meet any requirements of the consent authority (including access to that car parking), and
(h) any space used for the loading or unloading of goods (including access to it), and
(i) terraces and balconies with outer walls less than 1.4 metres high, and
(j) voids above a floor at the level of a storey or storey above.