Posted on March 24, 2011 by

Changes to the Standard Instrument

The Department of Planning has now published a planning circular describing the changes made to the Standard Instrument on 25 February 2011.

On 25 June 2011, the amendments to the mandatory provisions of the Standard Instrument will be incorporated into all local environmental plans that have adopted the standard instrument that were in existence immediately prior to the amendments: s33A(4) Environmental Planning and Assessment Act 1979; cl. 9(1) Standard Instrument (Local Environmental Plans) Order 2006.

The amendments include the following:

  • A number of changes to the range of permitted uses in certain zones. For example, a greater range of uses are permissible in Zone RU4 Rural Small Holdings, and the name of that zone has been changed to RU4 Primary Production Small Lots.
  • A number of new definitions have been inserted, including respite day care centres, eco-tourist facilities, bee keeping, general industry, hardware and building supplies, heavy industrial storage establishment, high technology industry, industrial activity, industrial training facility, mooring pen, open cut mining, plant nursery, and underground mining.
  • A simplification of the maximum floor area for industrial retail outlets and secondary dwellings.
  • The inclusion of a number of prerequisites which must be met prior to the granting of consent for an eco-tourist facility.
  • A new clause which provides that consent may not be granted on land that is wholly or partly in a coastal zone unless the consent authority is satisfied that the proposed development will not be significantly affected by, have a significant impact on, or increase the risk of, coastal hazards.
  • Clause 5.9, which provides for the preservation of trees specified in a development control plan, is no longer optional (with the exception of subclause (9)). If a tree is not specified in a development control plan, the ring barking, cutting down, topping, lopping, removal, injuring or destruction of that tree is permitted without development consent.
  • The inclusion of a new optional clause to address the minimum size of lots in community title schemes.
  • The definitions of secondary dwelling, dual occupancy, attached dwelling, multi dwelling housing and semi-detached dwelling have been amended, so that they now apply to housing on individual lots in a strata plan or community title scheme.