Deferred Matter Zoning - what does it mean for your site?

What is deferred matter zoning on the Central Coast?

Deferred matter zoning or DM zoning refers to properties addressed in an order created in 1979 which was supposed to be interim (The Interim Development Order 122 1979), these properties have not been zoned and are still subject to the order. These areas were supposed to be rezoned five years after 2015 so it is uncertain when it will happen. Here is a guide that shows you how to find out what your current deffered matter zoning is and what it will be changed to.

If my site is zoned Deferred Matter (DM), what should I do?

If you are planning to do an extension or new build on your property, then you should look at the zoning to check if it is permitted. The deferred matter area will be rezoned and you should look at what it will be rezoned as and see what you will be able to do in the future as well. Have a look at the permitted uses of the existing and the proposed zone. If there is something permitted now that you would like to build in the future then get it approved now while you can. If there is something that isn't permitted now and will be when the re-zoning happens then I would wait for that to happen before lodging.

Also if you are Zone 7(c2) and you have a lot of 2ha or more, you should sub divide to 1ha properties, now while you can because the minimum lot size will be reduced when the changes happen as outlined in this document here.

Either you are looking purchasing at a property or you have discovered that the property you already own is deferred matter. Either way you'll want to know - can I build on it?

It depends.

"If you already have a house or other building on it you can probably rebuild the same or extend it if it is the same use under existing use rights."

If it is an empty block of land then it is more complicated, you need to know what it used to be zoned as before 1977. You can find this for most properties in the central coast here.

If the lot was registered before 1977 then you have existing use rights and should be able to build on it subject to council approval. You can determine when a lot was created by requesting a free "Plan Inquiry" on infocert.

Here is what you can do in the different zones under The Interim Development Order 122 1979

Gosford Planning Scheme Ordinance.

7(a) Conservation and Scenic Protection (Conservation)

Basically if you have an empty lot:

22. (1) One dwelling-house only may be erected, with the consent of the Council, on an allotment of land within Zone No 7(a) having an area of not less than 40 hectares.

(2) Notwithstanding subclause (1), the Council may consent to the erection of one dwelling-house only on an allotment of land within Zone No 7(a) having an area of less than 40 hectares if- (a) the allotment was in existence before 18 February 1977 and was not in the same ownership as any adjoining allotments at that date; or

(b) the allotment was created after 18 February 1977 otherwisethan under Clause 18(4)(a) or 20.

agriculture; bed and breakfast accommodation; dams; dwelling-houses; roads; Subdivision.

7(b) Conservation and Scenic Protection (Scenic Protection - Rural Small Holdings)

animal establishments; bed and breakfast accommodation; camping grounds orcaravan parks; child care centres; clubs; dams; dual occupancies – attached; dwelling-houses; educational establishments; extractive industries; homeindustries; hotels; lawn cemeteries; mines; motels; places of public worship; plant nurseries; recreation and sporting facilities; recreation establishments; restaurants; roads; roadside stalls; utility installations; veterinary hospitals. Subdivision.

7(c2) Conservation and Scenic Protection (Scenic Protection - Rural Small Holdings)

animal establishments; bed and breakfast accommodation; child care centres; dams; dual occupancies-attached; dwelling-houses; educational establishments; home industries; horse establishments; places of public worship; plant nurseries; roads; roadside stalls; utility installations; veterinary hospitals. Subdivision.

7(c3) Conservation and Scenic Protection (Scenic Protection - Rural Small Holdings)

advertisements; animal establishments; bed and breakfast accommodation; camping grounds or caravan parks; child care centres; clubs; dams; dual occupancies-attached; dwelling-houses; educational establishments; home industries; hotels; lawn cemeteries; places of public worship; plant nurseries; recreation and sporting facilities; recreation establishments; restaurants; roads; roadside stalls; tourist units; utility installations; veterinary hospitals. Subdivision.

5 Special Use

6(b) Open Space (Special Purposes)

map; roads; utility installations.

6(c) Open Space (Regional Open Space)

aboriginal cultural centres, child care centres, community facilities, eco-tourism, educational establishments, recreation and sporting facilities, recreation areas, roads, utility installations.

6(c) Open Space (Regional Open Space)

roads; utility installations

7(b) Conservation and Scenic Protection (Scenic Protection)

animal establishments; bed and breakfast accommodation; camping grounds or caravan parks; child care centres; clubs; dams; dual occupancies – attached; dwelling-houses; educational establishments; extractive industries; home industries; hotels; lawn cemeteries; mines; motels; places of public worship; plant nurseries; recreation and sporting facilities; recreation establishments; restaurants; roads; roadside stalls; utility installations; veterinary hospitals. Subdivision.

7(c2) Conservation and Scenic Protection (Scenic Protection - Tourist Accommodation)

animal establishments; bed and breakfast accommodation; child care centres; dams; dual occupancies-attached; dwelling-houses; educational establishments; home industries; horse establishments; places of public worship; plant nurseries; roads; roadside stalls; utility installations; veterinary hospitals. Subdivision.

7(c3) Conservation and Scenic Protection (Scenic Protection - Tourist Accommodation)

advertisements; animal establishments; bed and breakfast accommodation; camping grounds or caravan parks; child care centres; clubs; dams; dual occupancies-attached; dwelling-houses; educational establishments; home industries; hotels; lawn cemeteries; places of public worship; plant nurseries; recreation and sporting facilities; recreation establishments; restaurants; roads; roadside stalls; tourist units; utility installations; veterinary hospitals. Subdivision.

7(d) Conservation and Scenic Protection (Coastal Land Protection)

bed and breakfast accommodation; dwelling-houses; extracting sand; forestry; golf courses; home businesses; mining; roads. Subdivision.

7(e) Conservation and Scenic Protection (Coastal Land Acquisition)

agriculture; bed and breakfast accommodation; dwelling-houses; roads