ZONE INFORMATION

Please consider the full zone within the Estate as detailed below

 

RU4 - small lot primary production AND permitted use "tourist accommodation"

(Singleton LEP)

The Current zone of Bentwood Estate is RU4 with special permitted use of tourist accommodation. In addition to this zone (and as explained in the "about" section of the website, Bentwood Estate was also granted a "Permitted Use" this does not show in the 149 certificate.

The permitted use zone of "Tourist Facility" is not part of the zoning and therefore will not be represented in the 149 certificate (now known as 10.7 planning certificate) . The Tourist Facility is represented in the DA 619/2002 approved 16th September 2003 as the application that was submitted to Council was for a "Tourist Facility". The benefit of having the estate approved as a tourist facility in the first instance was to trigger a subdivision provision of less than the minimum lot size of 40ha under clause 12(2) of the LEP  hence a subsequent approval was then granted for 77 community title lots for tourist accommodation. So it is the DA that governs the requirements for the buildings within the estate.

In order to comply with Council requirements for the zoning on the estate both RU4 requirements and Tourist Accommodation requirements have to be considered in preparing a DA.

You must also consider the restrictions for tourist accommodation being that no permanent accommodation is permitted and a maximum of 42 consecutive days (see full description below).

Zone RU4   Primary Production Small Lots

 

1   Objectives of zone

•  To enable sustainable primary industry and other compatible land uses.

•  To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.

•  To minimise conflict between land uses within this zone and land uses within adjoining zones.

•  To recognise Hunter Valley Wine Country and the adjoining environs of Broke-Fordwich as a major viticultural and tourist destination by providing additional opportunities for compatible tourist uses.

2   Permitted without consent

Extensive agriculture; Home occupations; Intensive plant agriculture

3   Permitted with consent

Airstrips; Animal boarding or training establishments; Aquaculture; Building identification signs; Business identification signs; Cellar door premises; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Environmental protection works; Farm buildings; Flood mitigation works; Forestry; Function centres; Helipads; Home-based child care; Home businesses; Home industries; Information and education facilities; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Restaurants or cafes; Roads; Roadside stalls; Rural industries; Sewerage systems; Tourist and visitor accommodation; Turf farming; Viticulture; Water supply systems

4   Prohibited

Backpackers’ accommodation; Intensive livestock agriculture; Livestock processing industries; Sawmill or log processing industries; Serviced apartments; Stock and sale yards; Any other development not specified in item 2 or 3

Permitted use 

With regard to your query about the zoning being represented in the 149

The permitted use zone of "Tourist Facility" is not part of the zoning and therefore will not be represented in the 149 certificate (now known as 10.7 planning certificate) . The Tourist Facility is represented in the DA 619/2002 approved 16th September 2003 as the application that was submitted to Council was for a "Tourist Facility". The benefit of having the estate approved as a tourist facility in the first instance was to trigger a subdivision provision of less than the minimum lot size of 40ha under clause 12(2) of the LEP  hence a subsequent approval was then granted for 77 community title lots for tourist accommodation. So it is the DA that governs the requirements for the buildings within the estate.

Singleton LEP 2013:-

tourist and visitor accommodation


means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following:

 

(a)

backpackers’ accommodation,

 

(b)

bed and breakfast accommodation,

 

(c)

farm stay accommodation,

 

(d)

hotel or motel accommodation,

 

(e)

serviced apartments,

but does not include:

 

(f)

camping grounds, or

 

(g)

caravan parks, or

(h)eco-tourist facilities.

 

 

Singleton DCP 2014:-

 short-term accommodation

 

means accommodation which is used by persons on a casual basis, where the same persons are not expected to reside in the accommodation for more than 42 consecutive days or, in aggregate; 150 days in any 12 month period.

 

 

Bentwood Estate Community Assocation

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