New South Wales Consolidated Regulations

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BYRON LOCAL ENVIRONMENTAL PLAN 2014 - SCHEDULE 1

SCHEDULE 1 – Additional permitted uses

(Clause 2.5)

1 Use of certain land at Dudgeons Lane, Bangalow

(1) This clause applies to land at Dudgeons Road, Bangalow, being Lot 6, DP 619293.
(2) Development for the purpose of office premises is permitted with development consent, but only if the use is ancillary to the dominant use of the site as a group home (transitional).

2 Use of certain land at Lighthouse Road, Byron Bay

(1) This clause applies to land at Lighthouse Road, Byron Bay, being Lot 452, DP 48493.
(2) Development for the purposes of an entertainment facility, function centre, information and education facility, light industry, office premises, restaurant, shop, passenger transport facility, dwelling house for an on-site caretaker and ancillary uses is permitted with development consent.
(3) Development consent may only be granted under subclause (2) if--
(a) the development will be consistent with the Indigenous Land Use Agreement 1 between the Arakwal Aboriginal Corporation and the New South Wales Government registered in 2001, and
(b) the dominant use will be an Aboriginal cultural centre.

3 Use of certain land at Pacific Highway, Ewingsdale

(1) This clause applies to land at Pacific Highway, Ewingsdale, being Lot 377, DP 47409.
(2) Development for the purpose of a recreation facility (outdoor) is permitted with development consent.

4 Use of certain land at Burringbar Street, Mullumbimby

(1) This clause applies to land at Burringbar Street, Mullumbimby, being Lot B, DP 326871.
(2) Development for the purposes of light industry, a shop and business premises is permitted with development consent, but only if the purpose relates to the use of Mullumbimby Community Enterprise Centre.

5 Use of certain lands at Pacific Highway, Tyagarah

(1) This clause applies to land at Pacific Highway, Tyagarah being Part of Lots 103-105, DP 1023126.
(2) Development for the purposes of a recreation facility (major) is permitted with development consent.

6 Use of certain land at Ewingsdale Road, West Byron

(1) This clause applies to land at Ewingsdale Road, West Byron, being part of Lot 3, DP 706286 and identified as "Area B" on the Additional Permitted Uses Map .
(2) Development for the purposes of a registered club is permitted with development consent.

7 Use of certain land at Jones Road, Wooyung

(1) This clause applies to land at Jones Road, Wooyung being Lot 1, DP 394451, and identified as "Area C" on the Additional Permitted Uses Map .
(2) Development for the purposes of a dwelling house is permitted with development consent.

8 Use of certain land at Coast Road, Broken Head

(1) This clause applies to land at The Coast Road, Broken Head (known as the Linnaeus Estate) being part of Lot 1, DP 1031848, and identified as "Area D" on the Additional Permitted Uses Map .
(2) Development for the purposes of mixed use development that includes tourist or visitor accommodation is permitted with development consent.
(3) Development consent may only be granted under this clause if the consent authority is satisfied that the proposed development--
(a) is ancillary to a lawful existing land use, and
(b) is for the purpose of providing education or training for professional and personal development through a variety of academic, cultural and vocational programs.

9 Use of certain land at Byron Bay Rail Corridor, adjacent Rail Land and Lawson Street South Car Park

(1) This clause applies to land at the Byron Bay Rail Corridor and Lawson Street South Car Park, being part of Lot 4729, DP 1228104, Lot 1, DP 1001454, and Lot 3 and part of Lot 7, DP 827049 and identified as "Area E" on the Additional Permitted Uses Map .
(2) Development for the following purposes is permitted with development consent--
(a) community facilities,
(b) information and education facilities,
(c) markets, if Council is satisfied the development will not increase the number of markets on the land to which this Plan applies.
(3) The following development is permitted without development consent--
(a) landscaping that does not involve excavation of more than 1 metre from ground level (existing), or filling of more than 1 metre above ground level (existing),
(b) development for the purposes of recreation areas.

10 Use of certain land at Seven Mile Beach Road, Broken Head

(1) This clause applies to land at Seven Mile Beach Road, Broken Head, being Lot 2, DP 599728 and identified as "Area F" on the Additional Permitted Uses Map .
(2) Development for the purpose of 6 dwelling houses is permitted with development consent.

11 Use of certain land at 10-12 Shirley Street, Byron Bay

(1) This clause applies to land at 10-12 Shirley Street, Byron Bay, being Lot 1, DP 847910 and identified as "Area G" on the Additional Permitted Uses Map .
(2) Development for the following purposes is permitted with development consent--
(a) office premises,
(b) light industry, but only for the purposes of a commercial kitchen that does not involve the use of more than 100 square metres of floor area,
(c) a restaurant or cafe.



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