Tourist and Visitor Accommodation and Clause 2.8 (Temporary Use of Land) Review

Consultation has concluded

Council has received representations from the community regarding Clause 2.8 (Temporary use of land) of Shoalhaven Local Environmental Plan (LEP) 2014 and the tourist and visitor accommodation controls within both the LEP and Shoalhaven Development Control Plan (DCP) 2014. In response to this Council has resolved to review both Clause 2.8 and the tourist and visitor controls.

As a part of this review Council is undertaking consultation with the community and development/tourism industry members to gain feedback on the operation of Clause 2.8 and the tourist and visitor accommodation controls. The results of this consultation will be reported to Council who will decide if any amendments are needed to either the LEP or DCP and if so the nature of these amendments.

Council has not made a decision whether or not to support any amendments to Clause 2.8 or the tourist & visitor accommodation controls within the LEP at this point in time.

Clause 2.8 (Temporary Use of Land) – Shoalhaven LEP 2014

Clause 2.8 is a provision in the Shoalhaven Local Environmental Plan 2014 (LEP) which allows Council to grant development consent for any purpose (of a temporary nature) in any zone. It applies despite any other restrictions in the LEP, meaning Council can grant development consent for a prohibited use if it meets the development standards in Clause 2.8.

Under Clause 2.8 approved temporary uses can only operate for a maximum period of 52 days (consecutive or non-consecutive) in any 12-month period. The consent authority must not grant development consent for a temporary use unless it is satisfied that the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood.

The current Clause 2.8 does not provide clarity or certainty regarding whether a temporary use development application will be approved, or not. The subjective nature of the word ‘adverse’, has created confusion regarding the development standards for a temporary development, with no criteria to define what an ‘adverse impact’ is.

In response to this Council’s review of Clause 2.8 seeks to determine how Clause 2.8 is currently utilised and whether it should be amended, or additional provisions considered to address the identified issues.

Refer to Clause 2.8 (Temporary use of land) Planning Review Fact Sheet and the November 2019 Information Session Presentation for more information.

Tourist and Visitor Accommodation

The Shoalhaven Local Environmental Plan 2014 (LEP) and Shoalhaven Development Control Plan 2014 (DCP) includes a number of provisions relating to tourist and visitor accommodation.

Council has received representations from the community and industry regarding the operation of some of these provisions, and how certain land uses such as tourist cabins and other emerging tourist uses, such as ‘glamping’/glass tents, tiny homes, pop up canvas tents, plastic igloos, etc are considered.

In response to this, Council resolved in March 2019 to:

Investigate the scope of a possible Planning Proposal regarding tourist & visitor accommodation, carry out initial consultation with relevant stakeholders, report back to Council, and prepare an amendment to Chapter G15: Tourist and Visitor Accommodation of the DCP.

Refer to the Tourist and Visitor Accommodation Planning Review Fact Sheet and the November 2019 Information Session Presentation for more information.

Community Feedback

Thank you for your input. The feedback period has now closed. The feedback results will be published on this Get Involved page shortly.

Council has received representations from the community regarding Clause 2.8 (Temporary use of land) of Shoalhaven Local Environmental Plan (LEP) 2014 and the tourist and visitor accommodation controls within both the LEP and Shoalhaven Development Control Plan (DCP) 2014. In response to this Council has resolved to review both Clause 2.8 and the tourist and visitor controls.

As a part of this review Council is undertaking consultation with the community and development/tourism industry members to gain feedback on the operation of Clause 2.8 and the tourist and visitor accommodation controls. The results of this consultation will be reported to Council who will decide if any amendments are needed to either the LEP or DCP and if so the nature of these amendments.

Council has not made a decision whether or not to support any amendments to Clause 2.8 or the tourist & visitor accommodation controls within the LEP at this point in time.

Clause 2.8 (Temporary Use of Land) – Shoalhaven LEP 2014

Clause 2.8 is a provision in the Shoalhaven Local Environmental Plan 2014 (LEP) which allows Council to grant development consent for any purpose (of a temporary nature) in any zone. It applies despite any other restrictions in the LEP, meaning Council can grant development consent for a prohibited use if it meets the development standards in Clause 2.8.

Under Clause 2.8 approved temporary uses can only operate for a maximum period of 52 days (consecutive or non-consecutive) in any 12-month period. The consent authority must not grant development consent for a temporary use unless it is satisfied that the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood.

The current Clause 2.8 does not provide clarity or certainty regarding whether a temporary use development application will be approved, or not. The subjective nature of the word ‘adverse’, has created confusion regarding the development standards for a temporary development, with no criteria to define what an ‘adverse impact’ is.

In response to this Council’s review of Clause 2.8 seeks to determine how Clause 2.8 is currently utilised and whether it should be amended, or additional provisions considered to address the identified issues.

Refer to Clause 2.8 (Temporary use of land) Planning Review Fact Sheet and the November 2019 Information Session Presentation for more information.

Tourist and Visitor Accommodation

The Shoalhaven Local Environmental Plan 2014 (LEP) and Shoalhaven Development Control Plan 2014 (DCP) includes a number of provisions relating to tourist and visitor accommodation.

Council has received representations from the community and industry regarding the operation of some of these provisions, and how certain land uses such as tourist cabins and other emerging tourist uses, such as ‘glamping’/glass tents, tiny homes, pop up canvas tents, plastic igloos, etc are considered.

In response to this, Council resolved in March 2019 to:

Investigate the scope of a possible Planning Proposal regarding tourist & visitor accommodation, carry out initial consultation with relevant stakeholders, report back to Council, and prepare an amendment to Chapter G15: Tourist and Visitor Accommodation of the DCP.

Refer to the Tourist and Visitor Accommodation Planning Review Fact Sheet and the November 2019 Information Session Presentation for more information.

Community Feedback

Thank you for your input. The feedback period has now closed. The feedback results will be published on this Get Involved page shortly.

  • This questionnaire has now closed.
    Consultation has concluded
  • This questionnaire has now closed.

    Clause 2.8 Temporary use of land Shoalhaven LEP 2014

    1. The objectives of this clause are to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

    2. Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.

    3. Development consent must not be granted unless the consent authority

    Clause 2.8 Temporary use of land Shoalhaven LEP 2014

    1. The objectives of this clause are to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

    2. Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.

    3. Development consent must not be granted unless the consent authority is satisfied that-
    a. The temporary use would not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
    b. The temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
    c. The temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
    d. At the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

    4. Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.

    5. Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).

    Consultation has concluded