Local Plan Spaces: Zoning and Development Control
Extension of Use Within Lot Boundary
The Shire of Cocos (Keeling) Islands Local Plan Spaces has introduced a new zoning rule that allows for the extension of a use within the boundary of a lot, provided it does not change the predominant use of the land. This is stated in Clause 3.4.1, which deems specific uses mentioned in the Zoning Table to be excluded from general terms used to describe any other use.
Interpretation of Zoning Table
The Local Plan Spaces provides for the interpretation of the Zoning Table, which outlines the different uses allowed within each zone. According to Clause 3.4.2, if a person proposes to carry out a use that is not specifically mentioned in the Zoning Table and cannot reasonably be determined as falling within the type, class or genus of activity of any other use category, the local government may:
- Determine that the use is consistent with the objectives of the particular zone and therefore permitted;
- Determine that the proposed use may be consistent with the objectives of the particular zone and follow advertising procedures to consider an application for development approval; or
- Determine that the use is not consistent with the objectives of the particular zone and therefore not permitted.
Special Use Zones
The Local Plan Spaces has designated special use zones in Schedule 2, which are additional to the zones outlined in the Zoning Table. According to Clause 3.5.1, a person must not use any land or structure in a special use zone except for the purpose set out against that land and subject to compliance with any conditions set out in Schedule 2.
Non-Conforming Use Rights
Clause 3.6 of the Local Plan Spaces provides that no provision of the Scheme shall be deemed to prevent:
- The continued use of any land or building for the purpose for which it was being lawfully used immediately prior to the Gazettal date of the Scheme; or
- The carrying out of any development on that land for which an approval was lawfully obtained and is current.
Extension of Non-Conforming Use
Clause 3.7 of the Local Plan Spaces provides that if a building used for a non-conforming use is destroyed to 75% or more of its value, the land shall not thereafter be used otherwise than in conformity with the Scheme, and the buildings shall not be repaired or rebuilt, altered or added to for the purpose of being used for a non-conforming use or in a manner not permitted by the Scheme, except with the development approval of the local government.
Destruction of Non-Conforming Use
Clause 3.8 of the Local Plan Spaces provides that if a building used for a non-conforming use is destroyed to 75% or more of its value, the land shall not thereafter be used otherwise than in conformity with the Scheme, and the buildings shall not be repaired or rebuilt, altered or added to for the purpose of being used for a non-conforming use or in a manner not permitted by the Scheme, except with the development approval of the local government.
Table 1 – Zoning Table
The Local Plan Spaces has outlined the different uses allowed within each zone in Table 1. The table provides a comprehensive guide to the various uses that are permitted within each zone.
For more information on the Shire of Cocos (Keeling) Islands Local Plan Spaces, please contact the local government at [insert contact details].