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ZONE USE CHANGES AND NON-CONFORMING USES

Changes within the Boundary

A change to a use within the boundary of a lot that does not alter the predominant use of the land is deemed permissible. Similarly, an incidental use that does not change the overall character of the land is also allowed.

Interpretation of the Zoning Table

The Shire’s zoning table outlines specific uses for each zone. Any proposed use that is not specifically mentioned in the table must be determined by the local government as either consistent or inconsistent with the objectives of the zone.

Special Use Zones

Special use zones, outlined in Schedule 2, have specific purposes and conditions attached to them. Land or structures within these zones can only be used for the purpose set out in the schedule and subject to compliance with any conditions.

Non-Conforming Uses

The scheme allows existing non-conforming uses to continue, provided they were lawfully being used prior to the gazettal date of the scheme. However, any alterations or extensions to such uses must be approved by the local government and comply with other provisions in the scheme.

Extension of Non-Conforming Use

  • A person wishing to extend a non-conforming use or erect a new building for that purpose must apply for development approval from the local government.
  • The application will be subject to notice under clause 64 of the deemed provisions, and the council will have special regard to the impact on the amenity of the locality.

Change of Non-Conforming Use

The local government may grant approval for a change of use from one non-conforming use to another if:

  • The proposed use is less detrimental to the amenity of the locality than the original use.
  • The proposed use is closer to the intended purpose of the zone or reserve.

Discontinuance, Termination, and Destruction of Non-Conforming Use

When a non-conforming use has been discontinued for six months or more, the land or building can only be used in conformity with the scheme. The local government may also effect the discontinuance by purchase or agreement with the owner. If a building used for a non-conforming use is destroyed to 75% or more of its value, it cannot be repaired, rebuilt, altered, or added to for a non-conforming purpose without development approval.

Zoning Table

The Shire’s zoning table outlines permitted uses for each zone. The table can be found on page [insert page number].