{"id":"nsw:epi-2010-0433","name":"Albury Local Environmental Plan 2010","slug":"albury-local-environmental-plan-2010","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"433 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181589,"registerId":"nsw-nsw:epi-2010-0433-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Plan","content":"#### 1 Name of Plan\n\n1.1 Name of Plan\n\n> This Plan is [Albury Local Environmental Plan 2010](/view/html/inforce/current/epi-2010-0433).","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Permitted or prohibited development","content":"# Part 2 Permitted or prohibited development\n\nPart 2 Permitted or prohibited development","sortOrder":13},{"sectionNumber":"2","sectionType":"section","heading":"Land use zones","content":"#### 2 Land use zones\n\n2.1 Land use zones\n\n> The land use zones under this Plan are as follows—\n> \n> > Rural Zones\n> \n> > RU1 Primary Production\n> > \n> > RU2 Rural Landscape\n> > \n> > RU4 Primary Production Small Lots\n> > \n> > RU5 Village\n> \n> > Residential Zones\n> \n> > R1 General Residential\n> > \n> > R2 Low Density Residential\n> > \n> > R3 Medium Density Residential\n> > \n> > R5 Large Lot Residential\n> \n> > Employment Zones\n> \n> > E1 Local Centre\n> > \n> > E2 Commercial Centre\n> > \n> > E3 Productivity Support\n> > \n> > E4 General Industrial\n> \n> > Mixed Use Zones\n> \n> > MU1 Mixed Use\n> \n> > Special Purpose Zones\n> \n> > SP1 Special Activities\n> > \n> > SP2 Infrastructure\n> > \n> > SP4 Enterprise\n> \n> > Recreation Zones\n> \n> > RE1 Public Recreation\n> > \n> > RE2 Private Recreation\n> \n> > Conservation Zones\n> \n> > C2 Environmental Conservation\n> > \n> > C3 Environmental Management\n> > \n> > C4 Environmental Living\n> \n> > Waterway Zones\n> \n> > W2 Recreational Waterways\n> \n> **cl 2.1:** Am 2022 (828), Sch 1.1\\[1\\]; 2023 (696), Sch 1\\[3\\].","sortOrder":14},{"sectionNumber":"pt","sectionType":"part","heading":"Land Use Table","content":"# pt Land Use Table\n\nLand Use Table\n\nNote—\n\nState environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—\n\n> [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714)\n\n> [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems\n\n> [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 2\n\n> [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 3\n\n> [State Environmental Planning Policy (Industry and Employment) 2021](/view/html/inforce/current/epi-2021-0723), Chapter 3\n\n> [State Environmental Planning Policy (Primary Production) 2021](/view/html/inforce/current/epi-2021-0729), Chapter 2\n\n**Land Use tbl:** Am 2011 (158), Sch 1 \\[1\\]–\\[3\\]; 2011 (363), Sch 1 \\[2\\]–\\[37\\]; 2011 No 62, Sch 2.2; 2012 (24), cl 4; 2014 (150), cl 4; 2017 (493), Sch 1.1 \\[1\\]; 2018 (488), Sch 1.1 \\[1\\]; 2019 (137), Sch 6 \\[1\\]; 2021 (138), cl 4(1)–(5); 2022 (314), Sch 1; 2022 (727), Sch 4.1; 2022 (828), Sch 1.1\\[2\\]; 2023 (458), Sch 2.1\\[1\\]–\\[3\\]; 2023 (696), Sch 1\\[4\\] \\[5\\]; 2024 (49), Sch 1; 2024 (53), Sch 1\\[1\\]–\\[3\\].\n\nZone RU1 Primary Production\n\nZone RU2 Rural Landscape\n\nZone RU4 Primary Production Small Lots\n\nZone RU5 Village\n\nZone R1 General Residential\n\nZone R2 Low Density Residential\n\nZone R3 Medium Density Residential\n\nZone R5 Large Lot Residential\n\nZone E1 Local Centre\n\nZone E2 Commercial Centre\n\nZone E3 Productivity Support\n\nZone E4 General Industrial\n\nZone MU1 Mixed Use\n\nZone SP1 Special Activities\n\nZone SP2 Infrastructure\n\nZone SP4 Enterprise\n\nZone RE1 Public Recreation\n\nZone RE2 Private Recreation\n\nZone C2 Environmental Conservation\n\nZone C3 Environmental Management\n\nZone C4 Environmental Living\n\nZone W2 Recreational Waterways","sortOrder":30},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Aquaculture; Bed and breakfast accommodation; Dual occupancies; Dwelling houses; Extractive industries; Farm buildings; Farm stay accommodation; Group homes; Intensive livestock agriculture; Landscaping material supplies; Open cut mining; Plant nurseries; Roads; Roadside stalls; Rural workers’ dwellings; Secondary dwellings; Any other development not specified in item 2 or 4","sortOrder":33},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Air transport facilities; Amusement centres; Camping grounds; Car parks; Caravan parks; Cemeteries; Centre-based child care facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Freight transport facilities; Function centres; Health services facilities; Heavy industrial storage establishments; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Livestock processing industries; Local distribution premises; Marinas; Mooring pens; Mortuaries; Passenger transport facilities; Places of public worship; Port facilities; Recreation facilities (indoor); Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Service stations; Sex services premises; Storage premises; Tourist and visitor accommodation; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Wharf or boating facilities; Wholesale supplies","sortOrder":34},{"sectionNumber":"Part 3","sectionType":"part","heading":"Exempt and complying development","content":"# Part 3 Exempt and complying development\n\nPart 3 Exempt and complying development","sortOrder":119},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":123},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":138},{"sectionNumber":"5","sectionType":"section","heading":"Relevant acquisition authority","content":"#### 5 Relevant acquisition authority\n\n5.1 Relevant acquisition authority\n\n> > (1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) (the owner-initiated acquisition provisions).\n> > \n> > Note.\n> > \n> > If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) requires the authority to acquire the land.\n> \n> > (2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the [Land Reservation Acquisition Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/albury-local-environmental-plan-2010) (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).\n> > \n> > | Type of land shown on Map | Authority of the State |\n> > | Zone RE1 Public Recreation and marked “Local open space” | Council |\n> > | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |\n> > | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |\n> > | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |\n> \n> > (3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.\n> \n> Note.\n> \n> If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister of Planning is required to take action to enable the designation of the acquiring authority under this Part. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning (see section 21 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022)).","sortOrder":139},{"sectionNumber":"Part 6","sectionType":"part","heading":"Urban release areas","content":"# Part 6 Urban release areas\n\nPart 6 Urban release areas","sortOrder":165},{"sectionNumber":"6","sectionType":"section","heading":"Arrangements for designated State public infrastructure","content":"#### 6 Arrangements for designated State public infrastructure\n\n6.1 Arrangements for designated State public infrastructure\n\n> > (1) The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.\n> \n> > (2) Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.\n> \n> > (3) Subclause (2) does not apply to—\n> > \n> > > (a) any lot identified in the certificate as a residue lot, or\n> > \n> > > (b) any lot to be created by a subdivision of land that was the subject of a previous development consent granted in accordance with this clause, or\n> > \n> > > (c) any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or\n> > \n> > > (d) a subdivision for the purpose only of rectifying an encroachment on any existing lot.\n> \n> > (4) This clause does not apply to land in an urban release area if all or any part of the land is in a region within the meaning of the Act, Division 7.1, Subdivision 4.\n> \n> **cl 6.1:** Am 2011 (363), Sch 1 \\[48\\]; 2019 (621), Sch 5\\[5\\]; 2023 (554), Sch 1.","sortOrder":166},{"sectionNumber":"Part 7","sectionType":"part","heading":"Additional local provisions","content":"# Part 7 Additional local provisions\n\nPart 7 Additional local provisions","sortOrder":170},{"sectionNumber":"7","sectionType":"section","heading":"Earthworks","content":"#### 7 Earthworks\n\n7.1 Earthworks\n\n> > (1) The objectives of this clause are as follows—\n> > \n> > > (a) to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land,\n> > \n> > > (b) to allow earthworks of a minor nature without separate development consent.\n> \n> > (2) Development consent is required for earthworks unless—\n> > \n> > > (a) the work does not alter the ground level (existing) by more than 600 millimetres, or\n> > \n> > > (b) the work is exempt development under this Plan or another applicable environmental planning instrument, or\n> > \n> > > (c) the work is ancillary to other development for which development consent has been given.\n> \n> > (3) Before granting development consent for earthworks, the consent authority must consider the following matters—\n> > \n> > > (a) the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality,\n> > \n> > > (b) the effect of the proposed development on the likely future use or redevelopment of the land,\n> > \n> > > (c) the quality of the fill or the soil to be excavated, or both,\n> > \n> > > (d) the effect of the proposed development on the existing and likely amenity of adjoining properties,\n> > \n> > > (e) the source of any fill material and the destination of any excavated material,\n> > \n> > > (f) the likelihood of disturbing relics,\n> > \n> > > (g) the proximity to and potential for adverse impacts on any watercourse, drinking water catchment or environmentally sensitive area.\n> \n> Note.\n> \n> The [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), particularly section 86, deals with disturbing or excavating land and Aboriginal objects.","sortOrder":171},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Additional permitted uses","content":"# Schedule 1 Additional permitted uses\n\nSchedule 1 Additional permitted uses\n\n(Clause 2.5)\n\n**sch 1:** Am 2011 (363), Sch 1 \\[49\\] \\[50\\]; 2014 (488), cl 4; 2017 (651), Sch 1 \\[1\\]–\\[4\\]; 2018 (265), Sch 1 \\[2\\]–\\[6\\]; 2022 (828), Sch 1.1\\[11\\].","sortOrder":187},{"sectionNumber":"4A","sectionType":"section","heading":"Use of certain land at Willowbank Road, East Albury","content":"#### 4A Use of certain land at Willowbank Road, East Albury\n\n4A Use of certain land at Willowbank Road, East Albury\n\n> > (1) This clause applies to land at Willowbank Road, East Albury, being Part Lot 2, DP 999814 and Part Lot 37, DP 1007315 and identified as “4A” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/albury-local-environmental-plan-2010).\n> \n> > (2) Development for the purpose of general industries or agricultural produce industries is permitted with development consent.","sortOrder":192},{"sectionNumber":"6A","sectionType":"section","heading":"Use of certain land at 481 Urana Road, Lavington","content":"#### 6A Use of certain land at 481 Urana Road, Lavington\n\n6A Use of certain land at 481 Urana Road, Lavington\n\n> > (1) This clause applies to land at 481 Urana Road, Lavington, being Lot 3, SP 41799.\n> \n> > (2) Development for the purposes of a service station is permitted with development consent.","sortOrder":195},{"sectionNumber":"8","sectionType":"section","heading":"Use of certain land at 997–1009 Mate Street, North Albury","content":"#### 8 Use of certain land at 997–1009 Mate Street, North Albury\n\n8 Use of certain land at 997–1009 Mate Street, North Albury\n\n> > (1) This clause applies to land at 997–1009 Mate Street, North Albury, being Lot 261, DP 22813.\n> \n> > (2) Development for any of the following purposes is permitted with development consent—\n> > \n> > > (a) service stations,\n> > \n> > > (b) food and drink premises,\n> > \n> > > (c) shops.","sortOrder":197},{"sectionNumber":"9","sectionType":"section","heading":"Use of certain land at 545 Union Road, North Albury","content":"#### 9 Use of certain land at 545 Union Road, North Albury\n\n9 Use of certain land at 545 Union Road, North Albury\n\n> > (1) This clause applies to land at 545 Union Road, North Albury, being Lot 4, DP 776810.\n> \n> > (2) Development for any of the following purposes is permitted with development consent—\n> > \n> > > (a) service stations,\n> > \n> > > (b) food and drink premises,\n> > \n> > > (c) shops.","sortOrder":198},{"sectionNumber":"10","sectionType":"section","heading":"Use of certain land at 1001 Waugh Road, North Albury","content":"#### 10 Use of certain land at 1001 Waugh Road, North Albury\n\n10 Use of certain land at 1001 Waugh Road, North Albury\n\n> > (1) This clause applies to land at 1001 Waugh Road, North Albury, being Lot 4, DP 771722.\n> \n> > (2) Development for the purpose of business premises is permitted with development consent.","sortOrder":199},{"sectionNumber":"11","sectionType":"section","heading":"Use of certain land at 482 Hovell Street, South Albury","content":"#### 11 Use of certain land at 482 Hovell Street, South Albury\n\n11 Use of certain land at 482 Hovell Street, South Albury\n\n> > (1) This clause applies to land at 482 Hovell Street, South Albury, being Lot 11, DP 1067319 and identified as “11” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/albury-local-environmental-plan-2010).\n> \n> > (2) Development for the purpose of industrial retail outlets is permitted with development consent.","sortOrder":200},{"sectionNumber":"11A","sectionType":"section","heading":"Use of certain land at Wodonga Place, South Albury","content":"#### 11A Use of certain land at Wodonga Place, South Albury\n\n11A Use of certain land at Wodonga Place, South Albury\n\n> > (1) This clause applies to following land at South Albury—\n> > \n> > > (a) part of Lot 1, DP 1087117, Wodonga Place,\n> > \n> > > (b) part of Lot 4120, DP 1087043, being part of 317 Wodonga Place,\n> > \n> > > (c) Lot 1, DP 542181, 323 Wodonga Place,\n> > \n> > and identified as “11A” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/albury-local-environmental-plan-2010).\n> \n> > (2) Development for any of the following purposes is permitted with development consent—\n> > \n> > > (a) business premises,\n> > \n> > > (b) office premises,\n> > \n> > > (c) function centres,\n> > \n> > > (d) food and drink premises,\n> > \n> > > (e) shops.","sortOrder":201},{"sectionNumber":"12","sectionType":"section","heading":"Use of certain land at 330 Kaitlers Road, Springdale Heights","content":"#### 12 Use of certain land at 330 Kaitlers Road, Springdale Heights\n\n12 Use of certain land at 330 Kaitlers Road, Springdale Heights\n\n> > (1) This clause applies to land at 330 Kaitlers Road, Springdale Heights, being Lot 1969, DP 629850.\n> \n> > (2) Development for the purpose of pubs is permitted with development consent.","sortOrder":202},{"sectionNumber":"13","sectionType":"section","heading":"Use of certain land at 338 Kaitlers Road, Springdale Heights","content":"#### 13 Use of certain land at 338 Kaitlers Road, Springdale Heights\n\n13 Use of certain land at 338 Kaitlers Road, Springdale Heights\n\n> > (1) This clause applies to land at 338 Kaitlers Road, Springdale Heights, being Lots 2, 3 and 4, DP 861754.\n> \n> > (2) Development for any of the following purposes is permitted with development consent—\n> > \n> > > (a) business premises,\n> > \n> > > (b) food and drink premises,\n> > \n> > > (c) shops.","sortOrder":203},{"sectionNumber":"14","sectionType":"section","heading":"Use of certain land at 634 Gerogery Road and 149 Marnie Road, Table Top","content":"#### 14 Use of certain land at 634 Gerogery Road and 149 Marnie Road, Table Top\n\n14 Use of certain land at 634 Gerogery Road and 149 Marnie Road, Table Top\n\n> > (1) This clause applies to land at 634 Gerogery Road and 149 Marnie Road, Table Top, being Lot 503, DP 588266 and Lot 2, DP 854316.\n> \n> > (2) Development for the purpose of rural industries is permitted with development consent.","sortOrder":204},{"sectionNumber":"15","sectionType":"section","heading":"Use of certain land at 208 Winchester Lane, Table Top","content":"#### 15 Use of certain land at 208 Winchester Lane, Table Top\n\n15 Use of certain land at 208 Winchester Lane, Table Top\n\n> > (1) This clause applies to land at 208 Winchester Lane, Table Top, being Lot 2, DP 101841 and Lot 3, DP 233061.\n> \n> > (2) Development for the purpose of extractive industries is permitted with development consent.","sortOrder":205},{"sectionNumber":"16","sectionType":"section","heading":"Use of certain land at 5 Kinross Court, Thurgoona","content":"#### 16 Use of certain land at 5 Kinross Court, Thurgoona\n\n16 Use of certain land at 5 Kinross Court, Thurgoona\n\n> > (1) This clause applies to land at 5 Kinross Court, Thurgoona, being Lot 581, DP 785549.\n> \n> > (2) Development for the purpose of pubs is permitted with development consent.","sortOrder":206},{"sectionNumber":"17","sectionType":"section","heading":"Use of certain land at 1033 Padman Drive, West Albury","content":"#### 17 Use of certain land at 1033 Padman Drive, West Albury\n\n17 Use of certain land at 1033 Padman Drive, West Albury\n\n> > (1) This clause applies to land at 1033 Padman Drive, West Albury, being Lot 6, DP 243742 and identified as “17” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/albury-local-environmental-plan-2010).\n> \n> > (2) Development for the purpose of garden centres, landscaping material supplies and plant nurseries is permitted with development consent.","sortOrder":207},{"sectionNumber":"18","sectionType":"section","heading":"Use of certain land for food and drink premises and shops","content":"#### 18 Use of certain land for food and drink premises and shops\n\n18 Use of certain land for food and drink premises and shops\n\n> > (1) Development for the purposes of pubs and restaurants or cafes is permitted with development consent on land identified as “Area 18” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/albury-local-environmental-plan-2010).\n> \n> > (2) Development for the purposes of food and drink premises is permitted with development consent on land identified as “Area 19” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/albury-local-environmental-plan-2010).\n> \n> > (3) Development for the purposes of shops is permitted with development consent on land identified as “Area 20” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/albury-local-environmental-plan-2010).","sortOrder":208},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Exempt development","content":"# Schedule 2 Exempt development\n\nSchedule 2 Exempt development\n\n(Clause 3.1)\n\nNote 1.\n\n[State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.\n\nNote 2.\n\nExempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.\n\n**sch 2:** Am 2011 (158), Sch 1 \\[4\\]; 2011 (363), Sch 1 \\[51\\]; 2022 (828), Sch 1.1\\[12\\]–\\[14\\].","sortOrder":209},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Fuel tanks in Zone RU1 Primary Production","content":"#### sch.2-sec Fuel tanks in Zone RU1 Primary Production\n\nFuel tanks in Zone RU1 Primary Production\n\n> > (1) Must be located above ground.\n> \n> > (2) Must be less than 6m above ground level (existing).\n> \n> > (3) Must not be used for commercial or industrial activities unless ancillary to primary lawful land use.\n> \n> > (4) Must not have a capacity more than 5,000L.\n> \n> > (5) Must be constructed of prefabricated materials, freestanding and not rely on other structures for support.\n> \n> > (6) Must be located at least 30m from each lot boundary.\n> \n> > (7) Must be located at least 100m from a classified road.\n> \n> > (8) Must be located at least 40m from a river (inclusive of watercourses, tributary, branch or other watercourse).\n> \n> > (9) Must not be located on a ridgeline or in a visually prominent location.\n> \n> > (10) Must comply with AS 1940—2004, The storage and handling of flammable and combustible liquids.\n> \n> > (11) Must not be located within bush fire prone land.","sortOrder":210},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Signage in Zone E2—above awning signs","content":"#### sch.2-sec-oc.2 Signage in Zone E2—above awning signs\n\nSignage in Zone E2—above awning signs\n\n> > (1) Must not cover windows or doors above awning level.\n> \n> > (2) Must be non-illuminated.\n> \n> > (3) Must not cover more than 50% of the above awning building face.\n> \n> > (4) Must be centred on the wall.\n> \n> > (5) Must not be located on or in, or in relation to, a heritage item or draft heritage item.\n> \n> > (6) Maximum number—1 per lot.\n> \n> > (7) Maximum projection—100mm.","sortOrder":211},{"sectionNumber":"sch.2-sec-oc.3","sectionType":"section","heading":"Signage—bracket signs","content":"#### sch.2-sec-oc.3 Signage—bracket signs\n\nSignage—bracket signs\n\n> > (1) Maximum number—1 per lot.\n> \n> > (2) Maximum dimensions—0.6m long and 0.3m wide.\n> \n> > (3) Must be at least 2.7m above ground level (existing).\n> \n> > (4) Must be located less than 3m above ground level (existing) or must be below fascia, whichever is the lesser.\n> \n> > (5) Maximum projection—300mm.","sortOrder":212},{"sectionNumber":"sch.2-sec-oc.4","sectionType":"section","heading":"Signage—drop awning signs","content":"#### sch.2-sec-oc.4 Signage—drop awning signs\n\nSignage—drop awning signs\n\n> > (1) Must not cover more than 50% of the blind.\n> \n> > (2) Must be a sign that is painted onto, fixed flush to or part of a roll down blind, which is secured to an awning.\n> \n> > (3) Must be non-illuminated.","sortOrder":213},{"sectionNumber":"sch.2-sec-oc.5","sectionType":"section","heading":"Signage—fascia signs","content":"#### sch.2-sec-oc.5 Signage—fascia signs\n\nSignage—fascia signs\n\n> > (1) Must be painted onto or attached to the fascia or return of an awning and not exceed the height of the fascia or return.\n> \n> > (2) Must be non-illuminated.\n> \n> > (3) Must not extend more than 100mm from the fascia or return end of the awning.","sortOrder":214},{"sectionNumber":"sch.2-sec-oc.6","sectionType":"section","heading":"Signage—wall signs","content":"#### sch.2-sec-oc.6 Signage—wall signs\n\nSignage—wall signs\n\n> > (1) Must be attached to the wall of a building (other than the transom of a doorway or display window).\n> \n> > (2) Must not cover more than 50% of the wall surface.\n> \n> > (3) The upper and lower 1m of the wall must be free of signage.\n> \n> > (4) Maximum number in residential and conservation zones—1 per lot.\n> \n> > (5) Maximum number in rural, employment, mixed use and recreational zones—2 per lot.","sortOrder":215},{"sectionNumber":"sch.2-sec-oc.7","sectionType":"section","heading":"Signage—real estate signs","content":"#### sch.2-sec-oc.7 Signage—real estate signs\n\nSignage—real estate signs\n\n> > (1) Must be non-illuminated.\n> \n> > (2) Must be removed within 14 days of sale or lease.\n> \n> > (3) If advertising an entire estate or complex, must be removed at sale or lease of 90% of lots or tenancies, or within 5 years, whichever occurs first.\n> \n> > (4) Maximum number—2 per lot.\n> \n> > (5) Maximum area for a residential site—3m2.\n> \n> > (6) Maximum area for a business or industrial site—5m2.","sortOrder":216},{"sectionNumber":"sch.2-sec-oc.8","sectionType":"section","heading":"Signage—top hamper signs","content":"#### sch.2-sec-oc.8 Signage—top hamper signs\n\nSignage—top hamper signs\n\n> > (1) Must be attached to the transom of a doorway or display window.\n> \n> > (2) Maximum number—2 per frontage.\n> \n> > (3) Must not extend below the head of the doorway or window to which it is attached.\n> \n> > (4) Must be non-illuminated.","sortOrder":217},{"sectionNumber":"sch.2-sec-oc.9","sectionType":"section","heading":"Signage—under awning signs","content":"#### sch.2-sec-oc.9 Signage—under awning signs\n\nSignage—under awning signs\n\n> > (1) Must not project beyond awning edge.\n> \n> > (2) Must be at least 2.7m above ground level (existing).\n> \n> > (3) Maximum number—1 per lot.","sortOrder":218},{"sectionNumber":"sch.2-sec-oc.10","sectionType":"section","heading":"Signage—window signs","content":"#### sch.2-sec-oc.10 Signage—window signs\n\nSignage—window signs\n\n> > (1) Must be painted or displayed on the interior or exterior of the window.\n> \n> > (2) Must not occupy more than 50% of the window surface.","sortOrder":219},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Complying development","content":"# Schedule 3 Complying development\n\nSchedule 3 Complying development\n\n(Clause 3.2)\n\nNote.\n\n[State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.","sortOrder":220},{"sectionNumber":"sch.3-sec","sectionType":"section","heading":"General conditions","content":"#### sch.3-sec General conditions\n\nGeneral conditions\n\n> Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).","sortOrder":223},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Classification and reclassification of public land","content":"# Schedule 4 Classification and reclassification of public land\n\nSchedule 4 Classification and reclassification of public land\n\n(Clause 5.2)\n\n**sch 4:** Am 2011 (159), cl 4; 2011 (495), cl 4 (1) (2); 2012 (549), cl 4; 2013 (635), cl 4 (1) (2); 2015 (98), cl 4 (1).","sortOrder":224},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Environmental heritage","content":"# Schedule 5 Environmental heritage\n\nSchedule 5 Environmental heritage\n\n(Clause 5.10)","sortOrder":228},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Pond-based and tank-based aquaculture","content":"# Schedule 6 Pond-based and tank-based aquaculture\n\nSchedule 6 Pond-based and tank-based aquaculture\n\n(Clause 5.19)","sortOrder":231},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":233},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":235}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes — the Plan as presented has been extended beyond a generic set of zone rules into a more interventionist, site-specific instrument. Evidence in the text shows (a) insertion of precinct-focused controls (the Albury Regional Jobs Precinct clause 7.15 added in 2023) that create special rules and floor‑area caps for land in that precinct; (b) site-specific development control requirements for Willowbank Road (cl 7.11–7.12, inserted 2018) including minimum river setbacks and groundwater protections; (c) an expanded list of additional permitted uses for individual land parcels (Schedule 1) that grant parcel-specific permissions; and (d) incremental amendments adding tailored lot-size/dual-occupancy minimums for particular zones (cl 4.1C and 4.1D inserted 2025). These changes move the instrument from a purely city-wide zoning code toward a hybrid that combines city-wide standards with targeted economic and environmental interventions and parcel-level exceptions (see Schedule 1; cl 7.15; cl 7.11–7.12; cl 4.1C–D)."},"complexity_factors":["24 named zoning categories (cl 2.1) driving distinct permitted/consent/prohibited lists in the Land Use Table (cl 2.3)","Extensive Land Use Table with many specific permissions/prohibitions across zones — multiple nested lists per zone (Part 2)","Multiple map-based controls (Land Zoning Map, Lot Size Map, Height of Buildings Map, Floor Space Ratio Map, Heritage Map, Key Sites Map, Land Reservation Acquisition Map, Natural Resources Sensitivity—Water Map) (cl 1.7; cl 2.2; cl 4.1; cl 4.3; cl 4.4; cl 5.10)","Numerous site- and precinct-specific clauses (e.g. Willowbank Road cl 7.11–7.12; Albury Regional Jobs Precinct cl 7.15) and Schedule 1 additional permitted uses for individual lots","Large heritage schedule (Schedule 5) listing many heritage items and multiple heritage conservation areas, requiring extra procedural steps (cl 5.10)","Multiple conditional exceptions and carve-outs (cl 4.6 exceptions to standards; cl 3.3 environmentally sensitive areas excluded; cl 4.1A–4.2C nuanced lot-size exceptions)","Cross-references to many State and Commonwealth instruments and other Acts (SEPPs, Building Code of Australia, Heritage Act, Local Government Act, Crown land and biodiversity laws) creating layered compliance obligations (cl 1.9; cl 3.1; cl 5.10; others)","Separate regimes for exempt development, complying development and development requiring consent with site-specific certificate/conditions (Part 3, Schedules 2–3)","Special infrastructure sequencing and certification rules for urban release areas (cl 6.1–6.3) which add procedural complexity for subdivisions","Multiple numeric and technical standards (minimum lot sizes, FSR calculation rules, height limits, floor area caps for certain uses such as 250m2 caps in cl 7.14 and cl 7.15)"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- It is the local environmental plan (LEP) that governs land use and development rules for the City of Albury. It does this by: (a) dividing land into named zones and maps (cl 2.1; cl 2.2; cl 1.7); (b) listing what uses are permitted without consent, permitted only with development consent, or prohibited in each zone (the Land Use Table, cl 2.3 and Part 2); (c) fixing key development standards such as minimum lot sizes for subdivision (cl 4.1 and related clauses), building height (cl 4.3) and floor space ratios (cl 4.4); (d) identifying exempt and complying development (Part 3, cl 3.1–3.3 and Schedules 2–3) and the conditions for complying certificates; and (e) setting a package of local provisions that the consent authority (the Council) must apply—covering heritage (cl 5.10 and Schedule 5), flood planning (cl 5.21), airport/airspace operations (cl 7.8–7.9), landfill buffer considerations (cl 7.7), river front controls (cl 7.5), water-sensitive locations (cl 7.2), and a number of site- or precinct-specific controls (e.g. Willowbank Road, cl 7.11–7.12; Albury Regional Jobs Precinct, cl 7.15).\n\n- The Plan uses maps that are part of the instrument (Land Zoning Map, Lot Size Map, Height Map, Floor Space Ratio Map, Heritage Map, Land Reservation Acquisition Map and others) and those maps drive many outcomes (cl 1.7; cl 2.2; cl 4.1; cl 4.3; cl 4.4; cl 5.1).\n\n- The consent authority is the Council (cl 1.6), but the Plan is subject to any State environmental planning policy (SEPP) that prevails (cl 1.9). Several clauses also require consultation with or certification by State or Commonwealth bodies in particular circumstances (for example cl 6.1 on infrastructure certification; cl 7.8 on Commonwealth consultation for Obstacle Limitation Surface impacts).\n\n**Who is affected**\n\n- Landowners, developers and occupiers in the City of Albury: the zoning determines what they can legally do on each parcel (cl 2.2 and Land Use Table). Examples include farmers (rural zones RU1, RU2, RU4), householders (residential zones R1–R5), shopkeepers and office operators (E1, E2, MU1), and industrial occupiers (E3, E4).\n\n- Specific private landholders named in the Plan are affected by site-specific additional permitted uses (Schedule 1) and by any parcel shown on the maps (eg special areas such as the Albury Regional Jobs Precinct on the Key Sites Map; cl 7.15).\n\n- The Council and any State/Commonwealth bodies that must be consulted or certifying authorities when particular development or infrastructure is proposed (cl 1.6; cl 6.1; cl 7.8).\n\n- Community stakeholders with interests in heritage, flood risk, river corridors, airport operations, and sensitive ecosystems because the Plan imposes protections and consent requirements (cl 5.10; cl 5.21; cl 7.5; cl 7.8; cl 7.2).\n\n**Why it matters (official aims, then testing of those aims against likely costs and incentives)**\n\n- Official aims (as stated): to make local planning provisions for Albury consistent with the standard instrument; to support arts and cultural activity; to give effect to Council strategies and policies; to promote sustainable urban development and efficient resource use; to promote social and physical amenity; and to protect biodiversity and matters of environmental significance (cl 1.2).\n\nHow the Plan implements those aims and what trade-offs it creates:\n\n- Certainty and channelled development: By setting zone-based permitted/prohibited uses, lot sizes, heights and FSRs (cl 2.3; cl 4.1; cl 4.3; cl 4.4), the Plan increases regulatory certainty for property owners and the market about what development is likely to be allowed. That reduces option value for some owners (they cannot freely change use), while raising asset value where permissive zoning is granted.\n\n- Targeted economic steering: The Plan contains precinct/site-level controls (for example Willowbank Road — cl 7.11–7.12; Albury Regional Jobs Precinct — cl 7.15) and caps on gross floor area for business/retail uses in these sites (eg 250 m2 caps in cl 7.14(3) and cl 7.15(2)(b)). Mechanism: the Plan steers larger retail/commercial activity toward designated centres and reserves other areas for industry or productivity uses. Effect: concentration of benefits for owners of land with expanded permitted uses (Schedule 1; cl 7.15) and potential competitive constraints on larger operators who might prefer to locate elsewhere.\n\n- Heritage and environmental constraints: The Plan requires consent for works affecting listed heritage items and conservation areas (cl 5.10; Schedule 5), and adds riverine, water sensitivity and biodiversity protections (cl 7.5; cl 7.2; cl 3.3). Mechanism: additional assessment, heritage management documents and possible conditions. Effect: higher compliance costs and project risk for proponents with heritage or ecological exposure; preservation benefits for community values.\n\n- Discretion and administrative burden: Many clauses give the consent authority discretion to require studies, impose conditions or refuse consent where objectives are not met (eg cl 2.3(2) requires consent authority to have regard to zone objectives; cl 5.10 allows heritage management documents; cl 6.3 requires DCPs before major urban release development). Mechanism: discretionary assessments create time and cost for applicants and place importance on the capacity and judgment of the Council. This creates both administrative cost and some uncertainty for developers.\n\n- Reduced refusal risk for live music at licensed venues: Clause 5.20 prevents consent being refused on many specified grounds about music, dancing and entertainment provided noise can be managed (cl 5.20). Mechanism: this limits one set of grounds for refusal, lowering regulatory risk for music and nightlife operators while leaving noise management obligations in place. Effect: supports the local night-time economy and cultural uses by narrowing grounds to refuse.\n\n- Infrastructure and sequencing checks: For urban release areas the Plan requires that arrangements be in place for designated State infrastructure before intensive subdivision (cl 6.1–6.3). Mechanism: certification by the Director-General and DCPs. Effect: reduces the risk of under-provisioned subdivisions but can slow or impose costs on developers who must contribute or await certification.\n\n- Site-specific concentrated gains and potential lobbying: The Plan contains a number of site-specific additional permitted uses (Schedule 1) and land reclassifications (Schedule 4). Mechanism: by exceptioning particular lots or enabling particular uses, the Plan creates concentrated private benefits to those landowners. That structure creates an incentive for targeted lobbying or negotiated amendments — the instrument enables such outcomes by its design (see Schedule 1 and amendment history noted at clause footnotes).\n\n**Concrete implementation risks and compliance points**\n\n- Developers must check multiple maps and schedules to determine what applies to a parcel (Land Zoning Map, Lot Size Map, Height Map, FSR Map, Heritage Map, Key Sites Map, Natural Resources Sensitivity—Water Map, Land Reservation Acquisition Map, etc.; cl 1.7; cl 2.2; cl 4.1; cl 4.3; cl 4.4; cl 5.10). Missing a map-based restriction can lead to refusal or costly redesign.\n\n- Heritage and environmental provisions require additional documentation (heritage management documents, notification of Aboriginal communities, environmental impact information) before consent — this increases pre-application costs and the administrative load on Council (cl 5.10(5)–(9)).\n\n- The consent process is the principal gateway for change; the Plan contains many discretionary tests (eg cl 4.6 exceptions to development standards require the applicant to show compliance is unreasonable or unnecessary), so outcomes depend heavily on the quality of the justification and the consent authority record-keeping (cl 4.6).\n\n**Key statutory cross-references that matter in practice**\n\n- The Plan repeatedly cross‑references State policies and other Acts: SEPPs (cl 1.9), the Building Code of Australia for exempt/compliant tests (cl 3.1(3)(a)), the Heritage Act (for State heritage listings referenced in cl 3.1(3)(d) and cl 5.10), Crown land management, Biodiversity and Fisheries laws where aquaculture and biodiversity exclusions apply (cl 5.19; Schedule 6; cl 3.3).\n\n**Bottom line (plain)**\n\n- The Albury LEP 2010 is the rulebook that tells landowners, developers and the Council what uses and forms of development are allowed, restricted or forbidden on each parcel in Albury. It combines city‑wide rules (zones, lot sizes, heights, heritage and environmental protections) with site‑ and precinct‑specific exceptions and development controls. That structure gives predictability and the capacity to steer economic activity, but it also creates a layered compliance regime with discretionary decision points, mapping dependencies and a series of site-specific carve‑outs that produce concentrated winners and procedural costs for others.\n\n(References: zoning and use rules — cl 2.1 to cl 2.6 and Land Use Table; consent authority — cl 1.6; maps — cl 1.7; exempt/complying development — Part 3 cl 3.1–3.3 and Schedules 2–3; subdivision and lot-size standards — cl 4.1, 4.1A–D; height and FSR — cl 4.3–4.4; heritage — cl 5.10 and Schedule 5; flood planning — cl 5.21; airport/airspace — cl 7.8–7.9; special local provisions — Part 7 including cl 7.11–7.15.)"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The plan has been amended more than 60 times since its original commencement in August 2010, strongly indicating that its scope has evolved considerably from its original intent. Local environmental plans of this nature are routinely amended to rezone land, permit new land uses, adjust development standards, and incorporate state government policy changes. The volume and frequency of amendments — including multiple amendments within single years — suggests ongoing and substantial changes to what is permitted and where across Albury over 15 years."},"complexity_factors":["Over 60 amendments since 2010, meaning the current rules may differ substantially from the original plan — tracking what applies when is difficult","As a 'standard instrument' LEP, it incorporates by reference a large body of state-level planning policy and definitions that sit outside the document itself","Land use zoning systems require cross-referencing multiple maps, tables, and definitions to determine what is permitted on any specific parcel of land","Provisions interact with other layers of planning law including state environmental planning policies (SEPPs), development control plans (DCPs), and the Environmental Planning and Assessment Act 1979","Only the status/timeline page was provided — the actual substantive provisions (zones, permitted uses, development standards) are not visible in this extract, adding uncertainty about the full scope of the rules","Frequent amendments create a layered, evolving document where historical versions may apply to development applications lodged at different points in time","Applies differently across different land zones, meaning complexity varies significantly depending on which part of Albury is relevant"],"plain_english_summary":"The Albury Local Environmental Plan 2010 is Albury City’s main planning rulebook, setting what land can be used and how buildings and development are permitted across the local government area. It’s a standard-instrument LEP operating under the NSW Environmental Planning and Assessment Act 1979, current from 31 October 2025 and amended many times since 2010.\n\nIt affects homeowners, renters, businesses, developers and farmers — anyone wanting to build, change or use land in Albury — because it determines whether and under what conditions development is allowed."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":709},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Plan has expanded significantly from its original 2010 form. Major additions include: the Albury Regional Jobs Precinct (2023) with bespoke controls for industrial/employment land; detailed aquaculture provisions (Schedule 6); specific site-based planning controls for Willowbank Road, East Albury (2018, 2022); expanded dual occupancy and housing diversity provisions (2022, 2025); and refined heritage protections. The Land Use Table has been amended over 20 times, reflecting shifting priorities from pure environmental protection to active economic development and housing supply."},"complexity_factors":["Multiple overlapping zone categories (21 zones) with detailed permitted/prohibited use tables","Extensive cross-referencing to maps (Land Zoning Map, Lot Size Map, Height of Buildings Map, Floor Space Ratio Map, Heritage Map, etc.)","Numerous amendment clauses showing evolution since 2010, with savings provisions for development applications made under earlier versions","Detailed exceptions and conditional provisions for subdivision, particularly for dual occupancies, community title, and split zones","Heritage provisions with multiple layers of protection (State vs Local significance) and complex consent triggers","Environmental overlays including flood planning, water sensitivity, bush fire, and river front area controls","Specific use controls with quantitative thresholds (e.g., 50m² for home businesses, 3 bedrooms for farm stay, 250m² for retail in certain areas)","Integration with State Environmental Planning Policies and the Building Code of Australia"],"plain_english_summary":"This is the **Albury Local Environmental Plan 2010**, a planning rulebook that controls what can be built and done on land in Albury, NSW.\n\n**What it does:**\n- **Zones land** into categories like residential (R1–R5), rural (RU1–RU5), employment (E1–E4), mixed use (MU1), conservation (C2–C4), and others. Each zone has rules about what development is allowed, needs approval, or is banned.\n- **Sets development standards** including minimum lot sizes for subdivision, building heights, and floor space ratios (how much building you can put on a site).\n- **Protects heritage** through a detailed list of heritage items and conservation areas (Schedule 5), with special controls on demolition and alterations.\n- **Manages environmental risks** including flooding, bushfire, water quality, and river front development—especially along the Murray River.\n- **Controls specific land uses** like intensive livestock farming, aquaculture, farm stay accommodation, and sex services premises, with extra conditions for each.\n- **Provides fast-track approvals** by identifying \"exempt development\" (no approval needed) and \"complying development\" (fast approval if standards are met).\n\n**Who it affects:**\n- Property owners, developers, and businesses in Albury\n- Albury City Council (the consent authority)\n- Anyone seeking to subdivide land, build housing, run a business, or use rural land\n\n**Why it matters:**\nThe Plan balances growth with protection—encouraging housing and jobs while safeguarding rural land, waterways, heritage, and biodiversity. It has been amended numerous times since 2010 to respond to new housing needs, economic opportunities (like the Albury Regional Jobs Precinct), and environmental concerns."}},"importantCases":[],"_links":{"self":"/api/acts/albury-local-environmental-plan-2010","history":"/api/acts/albury-local-environmental-plan-2010/history","analysis":"/api/acts/albury-local-environmental-plan-2010/analysis","conflicts":"/api/acts/albury-local-environmental-plan-2010/conflicts","importantCases":"/api/acts/albury-local-environmental-plan-2010/important-cases","documents":"/api/acts/albury-local-environmental-plan-2010/documents"}}