Clause 2.8 (Frequently Asked Questions - Clause 2.8 (Temporary use of land)

What is the time-frame and process for the Review?

We are accepting comments and completed questionnaires on the Clause 2.8 Review until 13 December 2019. The outcomes of this public feedback will be reported to Council in early 2020.

Anyone who has completes a questionnaire, provides comment or registers at the Information Sessions on 11 and 13 November 2019, or on the ‘Get Involved Page’, will be advised when the report will be considered by Council.

Depending on Council’s resolution, the Review will either cease or an amendment to Shoalhaven LEP 2014 and/or Shoalhaven DCP 2014 will commence. This will be subject to a separate process.

What is the origin of the Review?

The Clause 2.8 Review commenced following feedback from the community regarding various recent development applications. A recent Land and Environment Court ruling further triggered consideration of the clause to determine whether it is operating as intended and whether any amendments are required.

What was Council’s original intent for Clause 2.8?

The original intent of Clause 2.8 was to enable one-off events that would have otherwise been prohibited, such as a school fair in a residential area.


Is Council considering the economic impacts of changing these controls?

Economic impacts will be broadly considered in the Review.

Will Council consider alternate planning controls or a local clause for function centres in rural zones?

Introducing a local clause or alternative planning control addressing function centres in rural zones is one option that may be presented to Council, depending on the outcome of the Review and preliminary consultation.

Will Council define ‘adverse impacts’, including clarification as to whether this applies to the set up and pack down?

The Review will look at how ‘adverse impacts’ could be clarified in Shoalhaven LEP 2014 and/or Shoalhaven DCP 2014 and the application to the set up and pack down stages.

How many function centres are currently operating under a Clause 2.8 approval or were approved prior to April 2014?

Approximately of 28 function centres operate with development approval under Clause 2.8.

It is likely the number of function centres operating in Shoalhaven exceeds 28 as some may be operating under an approval issued prior to April 2014 (under a different land use term) or as an ancillary use to an approved land use.

Prior to 2014, function centres were approved as events, reception centres, weddings, venues, etc. Due to the multiple terms function centres were approved under, we are unable to accurately quantify the number of function centres approved prior to 2014.

If Council resolves to amend Clause 2.8, will it only affect future Development Applications, or would it also affect existing operations/consents?

If Council resolves to amend Clause 2.8, the Planning Proposal process to update the Shoalhaven Local Environmental Plan 2014 will commence.

If an update commences:
• Any new development application submitted after the notified date (i.e. the date the amendment to the LEP comes into effect) would be required to address the amended Clause 2.8.
• An existing consent will not be required to retrospectively consider the amended Clause 2.8.
• Undertermined development applications will need to consider the draft Clause 2.8 as exhibited or amended Clause 2.8 (as appropriate to the application).
• Modifications to an existing development consent could potentially be assessed under the old Clause 2.8. This however, would be assessed on a case by case basis depending on the nature of the modification.

How do I have my say?

To ensure everyone’s initial input is captured, please complete the questionnaire on Council’s tourist & visitor accommodation controls published on this Get Involved web page.

Feedback from the survey will be reported to Council.

Where can I find further Information?

For further information, contact Council’s Strategic Planning Team on 4429 5377. Please quote Council’s reference 58623E.

Tourist and Visitor Accommodation These Frequently Asked Questions have been prepared specifically for the

What is the timeframe and process for the Review?

We are accepting comments and completed questionnaires on the Tourist & Visitor Accommodation Review until 13 December 2019. The outcomes of this public feedback will be reported to Council in early 2020.

Anyone who completes a questionnaire, provides comments or registers at the Information Sessions on 11 and 13 November 2019 or on the ‘Get Involved Page’ will be informed when the report will be considered by Council.

Depending on Council’s resolution, the Review will either cease or an amendment to Shoalhaven LEP 2014 will commence. This would be a separate process. On 5 March 2019, Council resolved to amend Chapter G15: Tourist and Visitor Accommodation of Shoalhaven DCP 2014.

What is the origins of the Review?

Council received representations from the community regarding the operation of current Tourist & Visitor Accommodation controls in Shoalhaven LEP 2014 and Shoalhaven DCP 2014 and how tourist and visitor accommodation uses are assessed by Council. Recent Land and Environment Court rulings also prompted the Review.

Which zones will the Review consider?

The Review is considering Tourist & Visitor Accommodation across all relevant zones in the Shoalhaven, including urban and rural/environmental zones.

Will this Review include short term rental accommodation such as Airbnb?

The Review does not consider short term rental accommodation. The NSW Government is in the process of reviewing these controls as part of a broader reform which is currently underway.

How will this Review tie into tourism targets and respond to potential conflict?

The Review will broadly consider the value of Tourist & Visitor Accommodation in relation to the local tourism industry/economy. The outcomes of the Review will also note potential conflicts that have been identified, which will be presented back to Council for consideration.

Will Council consider introducing controls surrounding the size and number of permitted tourist cabins?

Introducing development standards relating to size and number of tourist cabins is one option that may be presented to Council, depending on the outcome of the Review and preliminary consultation.

Will the strata subdivision of tourist and visitor accommodation be considered as part of the Review?

The Review will consider the subdivision of Tourist & Visitor Accommodation, which may include strata subdivision depending on the outcomes of the community/industry consultation.

Will the amended Shoalhaven DCP 2014 Chapter include ‘innominate uses’, even if the Shoalhaven LEP 2014 amendment isn’t progressed?

Council has resolved to amend Chapter G15: Tourist and Visitor Accommodation of the DCP independently to any amendments to Shoalhaven LEP 2014 which may or may not be progressed.

The amendment to Chapter G15 will investigate how 'innominate uses' could be considered in Council’s planning controls. The Review and related outcomes of the community/industry consultation will assist in shaping the DCP amendment.

Will the Review consider retention of existing building requirements, such as annual fire safety checks?

Existing building requirements, such as fire safety checks, do not form part of this Review. These requirements are regulated by the NSW Government and administered by Council.

Does Council monitor complaints , like amenity, regarding tourist and visitor accommodation uses?

Council keeps a record of all complaints received. When a complaint is received, Council’s Compliance Officers conduct a preliminary assessment into the complaint and conduct further investigation, if required, to determine if unlawful activity has occurred. For further information about how Council processes complaints, refer to Council’s Compliance and Enforcement Policy.

How can I have my say?

To ensure everyone’s initial input is captured, please complete the questionnaire on Council’s tourist & visitor accommodation controls published on this Get Involved web page.

Feedback from the survey will be reported to Council.

Where can I find additional Information?

For further information, contact Council’s Strategic Planning Team on 4429 5377. Please quote Council’s reference 58623E.