{"id":"nsw:epi-2013-0020","name":"Ballina Local Environmental Plan 2012","slug":"ballina-local-environmental-plan-2012","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"20 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181298,"registerId":"nsw-nsw:epi-2013-0020-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 [Ballina Local Environmental Plan 2012](/view/html/inforce/current/epi-2013-0020).","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> > Residential Zones\n> \n> > R2 Low Density Residential\n> > \n> > R3 Medium Density 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> > SP2 Infrastructure\n> > \n> > Zone SP4 Enterprise\n> \n> > Recreation Zones\n> \n> > RE1 Public Recreation\n> > \n> > RE2 Private Recreation\n> \n> > Conservation Zones\n> \n> > C1 National Parks and Nature Reserves\n> > \n> > C2 Environmental Conservation\n> > \n> > C3 Environmental Management\n> \n> > Waterway Zones\n> \n> > W1 Natural Waterways\n> > \n> > W2 Recreational Waterways\n> \n> **cl 2.1:** Am 2013 (563), Sch 1 \\[1\\]; 2022 (828), Sch 1.2\\[1\\]; 2023 (646), Sch 1\\[4\\]; 2024 (537), Sch 1\\[1\\].","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 2013 (563), Sch 1 \\[2\\]; 2015 (308), Sch 1 \\[1\\]; 2017 (493), Sch 1.1 \\[1\\]; 2017 (726), Sch 2.1; 2017 (742), Sch 1 \\[1\\] \\[2\\]; 2018 (488), Sch 1.1 \\[1\\] \\[3\\]; 2019 (137), Sch 6 \\[1\\] \\[2\\]; 2019 (501), Sch 1\\[1\\]; 2019 (621), Sch 3; 2021 (336), Sch 1\\[2\\] \\[3\\]; 2022 (314), Sch 1; 2022 (828), Sch 1.2\\[2\\]; 2023 (458), Sch 2.3; 2023 (646), Sch 1\\[5\\]; 2024 (537), Sch 1\\[2\\]; 2025 (466), Sch 1\\[1\\]–\\[3\\].\n\nZone RU1 Primary Production\n\nZone RU2 Rural Landscape\n\nZone R2 Low Density Residential\n\nZone R3 Medium Density 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 SP2 Infrastructure\n\nZone SP4 Enterprise\n\nZone RE1 Public Recreation\n\nZone RE2 Private Recreation\n\nZone C1 National Parks and Nature Reserves\n\nZone C2 Environmental Conservation\n\nZone C3 Environmental Management\n\nZone W1 Natural Waterways\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> Agritourism; Airstrips; Animal boarding or training establishments; Aquaculture; Boat launching ramps; Boat sheds; Car parks; Cellar door premises; Cemeteries; Dual occupancies; Dwelling houses; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Helipads; Home businesses; Home industries; Home occupations (sex services); Information and education facilities; Intensive livestock agriculture; Jetties; Markets; Mooring pens; Moorings; Open cut mining; Recreation areas; Recreation facilities (outdoor); Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Sewerage systems; Signage; Tourist and visitor accommodation; Turf farming; Water recreation structures; Water supply systems","sortOrder":33},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Advertising structures; Backpackers’ accommodation; Hotel or motel accommodation; Local distribution premises; Serviced apartments; Any other development not specified in item 2 or 3","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":103},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":107},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":126},{"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/ballina-local-environmental-plan-2012) (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.","sortOrder":127},{"sectionNumber":"Part 6","sectionType":"part","heading":"Urban release areas","content":"# Part 6 Urban release areas\n\nPart 6 Urban release areas","sortOrder":155},{"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> > Note.\n> > \n> > When this Plan was made the urban release area had not been finalised.\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> > (5) In this clause—\n> > \n> > designated State public infrastructure means public facilities or services of the following kinds to the extent the facilities or services are provided or financed by the State—\n> > \n> > > (a) State and regional roads,\n> > \n> > > (b) bus interchanges and bus lanes,\n> > \n> > > (c) rail infrastructure and land,\n> > \n> > > (d) regional parks and public space,\n> > \n> > > (e) social infrastructure and facilities, including schools, hospitals, emergency services and justice facilities.\n> \n> **cl 6.1:** Am 2019 (621), Sch 5\\[5\\]; 2023 (554), Schs 1, 2.1.","sortOrder":156},{"sectionNumber":"Part 7","sectionType":"part","heading":"Additional local provisions","content":"# Part 7 Additional local provisions\n\nPart 7 Additional local provisions","sortOrder":160},{"sectionNumber":"7","sectionType":"section","heading":"Acid sulfate soils","content":"#### 7 Acid sulfate soils\n\n7.1 Acid sulfate soils\n\n> > (1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.\n> \n> > (2) Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the [Acid Sulfate Soils Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/ballina-local-environmental-plan-2012) as being of the class specified for those works.\n> > \n> > | Class of land | Works |\n> > | 1 | Any works. |\n> > | 2 | Works below the natural ground surface.Works by which the watertable is likely to be lowered. |\n> > | 3 | Works more than 1 metre below the natural ground surface.Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface. |\n> > | 4 | Works more than 2 metres below the natural ground surface.Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface. |\n> > | 5 | Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land. |\n> \n> > (3) Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.\n> \n> > (4) Despite subclause (2), development consent is not required under this clause for the carrying out of works if—\n> > \n> > > (a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and\n> > \n> > > (b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.\n> \n> > (5) Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—\n> > \n> > > (a) emergency work, being the repair or replacement of the works of the public authority, required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,\n> > \n> > > (b) routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),\n> > \n> > > (c) minor work, being work that costs less than $20,000 (other than drainage work).\n> \n> > (6) Despite subclause (2), development consent is not required under this clause to carry out any works if—\n> > \n> > > (a) the works involve the disturbance of less than 1 tonne of soil, and\n> > \n> > > (b) the works are not likely to lower the watertable.\n> \n> > (7) Despite subclause (2), development consent is not required under this clause for the carrying out of works for the purpose of agriculture if—\n> > \n> > > (a) a production area entitlement is in force in respect of the land when the works are carried out, and\n> > \n> > > (b) the works are carried out in accordance with a drainage management plan, and\n> > \n> > > (c) the works are not carried out in respect of a major drain identified on the [Acid Sulfate Soils Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/ballina-local-environmental-plan-2012), and\n> > \n> > > (d) the works are not carried out on land identified as “coastal wetlands” on the Coastal Wetlands and Littoral Rainforests Area Map, within the meaning of [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 2.\n> \n> > (8) In this clause—\n> > \n> > drainage management plan means an irrigation and drainage management plan that—\n> > \n> > > (a) is prepared in accordance with the NSW Sugar Industry Best Practice Guidelines for Acid Sulfate Soils (2005), and\n> > \n> > > (b) is endorsed by the Sugar Milling Co-operative as being appropriate for the land.\n> > \n> > NSW Sugar Industry Best Practice Guidelines for Acid Sulfate Soils (2005) means the guidelines approved by the Director-General of the Department of Infrastructure, Planning and Natural Resources on 25 May 2005.\n> > \n> > production area entitlement means a contractual arrangement between the Sugar Milling Co-operative and a grower member of that cooperative for the production of sugar cane for milling.\n> > \n> > Sugar Milling Co-operative means the New South Wales Sugar Milling Co-operative Limited or its successor.\n> > \n> > Note.\n> > \n> > The NSW Sugar Industry Best Practice Guidelines for Acid Sulfate Soils (2005) is available on the Department of Planning and Infrastructure’s website.\n> \n> **cl 7.1:** Am 2018 (106), Sch 2.1; 2022 (72), Sch 1.4\\[1\\].","sortOrder":161},{"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 2014 (625), cl 5; 2015 (5), cl 5 (1) (2); 2017 (194), cl 5; 2017 (391), cl 5; 2017 (619), cl 5 (1) (2); 2018 (488), Sch 1.2; 2019 (501), Sch 1\\[3\\]; 2019 (618), cl 5; 2020 (55), cl 5; 2020 (182), cl 4; 2020 (188), cl 5; 2020 (779), cl 5; 2022 (828), Sch 1.2\\[8\\] \\[9\\]; 2025 (466), Sch 1\\[12\\].","sortOrder":181},{"sectionNumber":"1AA","sectionType":"section","heading":"Use of certain land at Ballina","content":"#### 1AA Use of certain land at Ballina\n\n1AA Use of certain land at Ballina\n\n> > (1) This clause applies to land at Camden Street, Camden Lane and Skinner Street, Ballina being Lot 33, DP 872966, Lot 3, DP 1079380, Lot 1, DP 1119099 and Lot 10, DP 1126929 and identified as “Area E” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/ballina-local-environmental-plan-2012).\n> \n> > (2) Development for the purposes of coastal protection works is permitted with development consent.","sortOrder":182},{"sectionNumber":"1A","sectionType":"section","heading":"Use of certain land at 1 Libby Lane and 200 North Creek Road, Lennox Head","content":"#### 1A Use of certain land at 1 Libby Lane and 200 North Creek Road, Lennox Head\n\n1A Use of certain land at 1 Libby Lane and 200 North Creek Road, Lennox Head\n\n> > (1) This clause applies to land at 1 Libby Lane and 200 North Creek Road, Lennox Head, being Lots 29 and 31, DP 1121058 and identified as “Area D” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/ballina-local-environmental-plan-2012).\n> \n> > (2) Development for the purposes of dual occupancy is permitted with development consent.\n> \n> > (3) Clause 4.1B does not apply to the subdivision of this land for the purposes of a strata plan scheme.","sortOrder":184},{"sectionNumber":"8","sectionType":"section","heading":"Use of certain land at Alstonville","content":"#### 8 Use of certain land at Alstonville\n\n8 Use of certain land at Alstonville\n\n> > (1) This clause applies to land at Alstonville in Zone R2 Low Density Residential identified as “Area L” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/ballina-local-environmental-plan-2012).\n> \n> > (2) Development for the purpose of dual occupancy (attached) is permitted with development consent.","sortOrder":191},{"sectionNumber":"9","sectionType":"section","heading":"Use of certain land at Lismore Road, Wollongbar","content":"#### 9 Use of certain land at Lismore Road, Wollongbar\n\n9 Use of certain land at Lismore Road, Wollongbar\n\n> > (1) This clause applies to land at 246–250 Lismore Road, Wollongbar being Lot 2, DP 527953 and identified as “Area K” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/ballina-local-environmental-plan-2012).\n> \n> > (2) Development for the following purposes is permitted with development consent—\n> > \n> > > (a) a service station,\n> > \n> > > (b) a retail premises, but only if the gross floor area of the building or place does not exceed 100 square metres.","sortOrder":192},{"sectionNumber":"10","sectionType":"section","heading":"Use of certain land in Zones RU1 and RU2","content":"#### 10 Use of certain land in Zones RU1 and RU2\n\n10 Use of certain land in Zones RU1 and RU2\n\n> > (1) This clause applies to land in Zones RU1 Primary Production and RU2 Rural Landscape.\n> \n> > (2) Development for the purposes of an industrial retail outlet is permitted with development consent, but only if—\n> > \n> > > (a) the development is associated with rural industry, and\n> > \n> > > (b) the retail floor area does not exceed the lesser of—\n> > > \n> > > > (i) 25% of the gross floor area of the rural industry located on the same land as the retail outlet, or\n> > > \n> > > > (ii) 100 square metres.\n> \n> Note.\n> \n> This clause is subject to clause 7.9, Rural and nature-based tourism development. The consent authority must also be satisfied of the matters specified in that clause before development consent can be granted.","sortOrder":193},{"sectionNumber":"11","sectionType":"section","heading":null,"content":"#### 11\n\n11 (Repealed)","sortOrder":194},{"sectionNumber":"12","sectionType":"section","heading":"Use of certain land at Wardell","content":"#### 12 Use of certain land at Wardell\n\n12 Use of certain land at Wardell\n\n> > (1) This clause applies to land at Wardell identified as “Area M” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/ballina-local-environmental-plan-2012).\n> \n> > (2) Development for the purpose of dual occupancy (attached) is permitted with development consent.","sortOrder":195},{"sectionNumber":"13","sectionType":"section","heading":"Use of certain land at Alstonville and Lennox Head","content":"#### 13 Use of certain land at Alstonville and Lennox Head\n\n13 Use of certain land at Alstonville and Lennox Head\n\n> > (1) This clause applies to land in Zone E1 Local Centre at Alstonville and Lennox Head, identified as “Area N” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/ballina-local-environmental-plan-2012).\n> \n> > (2) Development for the purposes of tourist and visitor accommodation is permitted with development consent.","sortOrder":196},{"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 2014 (542), Sch 1 \\[2\\]–\\[5\\]; 2014 (816), cl 4 (1); 2018 (389), cl 4.","sortOrder":197},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Commercial use of footpaths","content":"#### sch.2-sec Commercial use of footpaths\n\nCommercial use of footpaths\n\n> > (1) Must be located on the footpath within a road reserve for which the Council is the roads authority under the [Roads Act 1993](/view/html/inforce/current/act-1993-033).\n> \n> > (2) Must hold any relevant approval issued under the [Roads Act 1993](/view/html/inforce/current/act-1993-033) or the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) (or both).\n> \n> > (3) Must not occupy an area greater than 30m2 per operator.\n> \n> Note.\n> \n> This clause does not apply to development the subject of Subdivision 20A (Footpaths—outdoor dining) of Division 1 of Part 2 of [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).","sortOrder":198},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Roadside stalls","content":"#### sch.2-sec-oc.2 Roadside stalls\n\nRoadside stalls\n\n> > (1) This clause applies to the use of land for a roadside stall for the sale of only agricultural produce.\n> \n> > (2) The roadside stall—\n> > \n> > > (a) must be located on land within Zone RU1 Primary Production or Zone RU2 Rural Landscape, and\n> > \n> > > (b) must be located wholly on private property, and\n> > \n> > > (c) must not be located on land that is adjacent to a classified road, and\n> > \n> > > (d) must not have a footprint greater than 4m2.\n> \n> > (3) No more than 1 roadside stall may be used on any landholding.\n> \n> > (4) Any relevant approval issued under the [Roads Act 1993](/view/html/inforce/current/act-1993-033) must be obtained.","sortOrder":199},{"sectionNumber":"sch.2-sec-oc.3","sectionType":"section","heading":"Signage","content":"#### sch.2-sec-oc.3 Signage\n\nSignage\n\n> > (1A) This clause applies to the following signage—\n> > \n> > > (a) a business identification sign that is displayed on a freestanding structure that is mounted on the ground on one or more supports,\n> > \n> > > (b) a business identification sign that is mounted on an entrance gate to the property to which the signage relates.\n> \n> > (1) The following applies to all signage to which this clause applies—\n> > \n> > > (a) must be non-moving,\n> > \n> > > (b) must relate to a lawful use of the land on which the sign is located,\n> > \n> > > (c) must be within (or, in the case of a sign referred to in subclause (1A)(b), within or on) the boundary of the property to which the signage relates,\n> > \n> > > (d) must not obstruct the sight line of vehicular or pedestrian traffic,\n> > \n> > > (e) must have the consent of the owner of the property on which the sign is located,\n> > \n> > > (f) must not be illuminated or flashing,\n> > \n> > > (g) must not be located on a heritage item or in a heritage conservation area unless the advertisement will replace existing signage.\n> \n> > (2) Signage to which this clause applies that is erected in a residential zone must comply with the following—\n> > \n> > > (a) maximum area—0.6m2,\n> > \n> > > (b) 1 sign per premises.\n> \n> > (3) Signage to which this clause applies that is erected in a rural zone must comply with the following—\n> > \n> > > (a) maximum area—0.75m2,\n> > \n> > > (b) 1 sign per premises,\n> > \n> > > (c) must not be located within 250m of a classified road.\n> \n> > (4)–(12) (Repealed)\n> \n> Note.\n> \n> Subdivision 8 (Replacement of identification signs) of Division 2 of Part 2 of [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) applies to the replacement of an existing business identification sign or the content of such a sign.","sortOrder":200},{"sectionNumber":"sch.2-sec-oc.4","sectionType":"section","heading":"Special events on land vested in, controlled or managed by the Council (including public roads and reserves)","content":"#### sch.2-sec-oc.4 Special events on land vested in, controlled or managed by the Council (including public roads and reserves)\n\nSpecial events on land vested in, controlled or managed by the Council (including public roads and reserves)\n\n> > (1) Must not include the erection of a permanent structure on the land.\n> \n> > (2) Must not include the clearing or disturbance of native vegetation.\n> \n> > (3) Maximum period—52 days (whether or not consecutive days) in any period of 12 months.","sortOrder":201},{"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.\n\n**sch 3:** Am 2025 (702), Sch 1\\[1\\].","sortOrder":202},{"sectionNumber":"sch.3-sec","sectionType":"section","heading":"Raising of dwelling houses","content":"#### sch.3-sec Raising of dwelling houses\n\nRaising of dwelling houses\n\n> > (1) This clause applies to the following development on land identified as “Item 1” on the [Key Sites Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/ballina-local-environmental-plan-2012)—\n> > \n> > > (a) the alteration or rebuilding of a lawfully erected dwelling house for the purposes of raising the finished floor level of the dwelling house to a level above the probable maximum flood level,\n> > \n> > > (b) the construction or installation of the following in connection with that development—\n> > > \n> > > > (i) footings, foundations or other structural elements,\n> > > \n> > > > (ii) structures associated with the provision of utility services,\n> > > \n> > > > (iii) access ramps, balustrades, cooling or heating appliances, gutters, landings, light fittings, pathways, paving, pipes, privacy screens or stairways,\n> > \n> > > (c) other associated works.\n> \n> > (2) The development must—\n> > \n> > > (a) meet the requirements for complying development specified in [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), clause 1.17A, other than clause 1.17A(1)(d), and\n> > \n> > > (b) not be designated development.\n> \n> > (3) The development must not involve the enlargement or extension of the dwelling house.\n> \n> > (4) Each part of the dwelling house erected as part of the development must—\n> > \n> > > (a) if erected at or below the flood planning level—be constructed of flood compatible material, and\n> > \n> > > (b) be able to withstand the forces exerted by water, debris and buoyancy during a flood, up to the flood planning level.\n> \n> > (5) The development must not restrict the flow of floodwater on the land.\n> \n> > (6) The development standards specified in subclauses (4)(b) and (5) are satisfied if a registered professional engineer issues a certificate certifying the standards are satisfied.\n> \n> > (7) The finished floor level must be more than RL 5.4m.\n> \n> > (8) The height of the dwelling house may exceed the maximum height shown for the land on the [Height of Buildings Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/ballina-local-environmental-plan-2012).\n> \n> > (9) The height of the dwelling house must not be more than RL 11.5m.\n> \n> > (10) The setback of the dwelling house from each property boundary must not be altered.\n> \n> > (11) A landing for a stairway constructed or installed as part of the development must have an area of no more than 3m2.\n> \n> > (12) The total area of all landings for stairways constructed or installed as part of the development must not exceed 9m2.\n> \n> > (13) The following must be located above the flood planning level—\n> > \n> > > (a) the connection point for the dwelling house,\n> > \n> > > (b) electrical installations,\n> > \n> > > (c) switchboards,\n> > \n> > > (d) electrical meters.\n> \n> > (14) A privacy screen must be installed for each part of a window that is less than 1.5m above the finished floor level if—\n> > \n> > > (a) the window—\n> > > \n> > > > (i) is in a habitable room with a finished floor level of more than 1m above ground level (existing), and\n> > > \n> > > > (ii) faces a side or rear boundary and is less than 3m from the boundary, or\n> > \n> > > (b) the window—\n> > > \n> > > > (i) is in a habitable room with a finished floor level of more than 3m above ground level (existing), and\n> > > \n> > > > (ii) faces a side or rear boundary and is at least 3m, but no more than 6m, from the boundary.\n> \n> > (15) Subclause (14) does not apply to a bedroom window with an area of no more than 2m2.\n> \n> > (16) A privacy screen must be installed for a balcony, deck, patio, terrace or verandah with an area of at least 3m2 if the structure is—\n> > \n> > > (a) less than 3m from a side or rear boundary and has a finished floor level of more than 1m above ground level (existing), or\n> > \n> > > (b) at least 3m, but no more than 6m, from a side or rear boundary and has a finished floor level of more than 2m above ground level (existing).\n> \n> > (17) The privacy screen required under subclause (16) must—\n> > \n> > > (a) have a height of at least 1.7m, but no more than 2.2m, above the finished floor level of the balcony, deck, patio, terrace or verandah, and\n> > \n> > > (b) be installed along the edge of the part of the structure that is parallel to, or faces, the relevant side or rear boundary.\n> \n> > (18) Despite clause 3.3(1), complying development may be carried out under this clause if it is carried out on land listed in clause 3.3(2), definition of environmentally sensitive area for exempt or complying development, paragraph (a), (c), (f) or (g).\n> \n> > (19) In this clause—\n> > \n> > connection point has the same meaning as in the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094).\n> > \n> > electrical installation has the same meaning as in the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094).\n> > \n> > flood compatible material has the same meaning as in [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714).\n> > \n> > flood planning level has the same meaning as in [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).\n> > \n> > habitable room has the same meaning as in the Building Code of Australia.\n> > \n> > privacy screen has the same meaning as in [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).\n> > \n> > probable maximum flood has the same meaning as in the Flood Risk Management Manual, ISBN 978-1-923076-17-4, published by the NSW Government in June 2023.\n> > \n> > registered professional engineer has the same meaning as in the [Design and Building Practitioners Act 2020](/view/html/inforce/current/act-2020-007).","sortOrder":204},{"sectionNumber":"sch.3-sec-oc.2","sectionType":"section","heading":"General conditions","content":"#### sch.3-sec-oc.2 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":206},{"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 2014 (435), cl 4; 2014 (436), cl 4 (1); 2016 (683), Sch 1 \\[1\\] \\[2\\].","sortOrder":207},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Environmental heritage","content":"# Schedule 5 Environmental heritage\n\nSchedule 5 Environmental heritage\n\n(Clause 5.10)\n\n**sch 5:** Am 2014 (272), Sch 1; 2015 (308), Sch 1 \\[4\\]–\\[19\\]; 2024 (299), Sch 1; 2025 (466), Sch 1\\[13\\].","sortOrder":211},{"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":215},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":217},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":219}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"As a living planning instrument amended over 70 times since 2013, the scope has almost certainly evolved beyond the original 2013 intent. Successive amendments typically reflect rezoning of specific parcels, introduction of new land use categories, responses to state government policy changes, and adjustments for local development pressures. The cumulative effect of 70+ amendments over 12 years means the current plan likely covers different land uses, zones, and development standards than originally enacted."},"complexity_factors":["Extremely high amendment frequency — over 70 distinct versions since 2013, creating significant version-tracking complexity","Standard instrument LEP format incorporates by reference numerous state-level policies and maps, requiring cross-referencing multiple documents","Multiple land use zones with different permitted, permissible (with consent), and prohibited uses for each zone","Relies on zoning maps, heritage maps, flood maps, and other spatial instruments that must be read alongside the written text","Interacts with overarching NSW legislation (Environmental Planning and Assessment Act 1979) and state environmental planning policies","Development standards (height, floor space ratio, lot size) vary by zone and sometimes by individual site, requiring site-specific analysis","Accumulated amendments over 12+ years may create internal inconsistencies or transitional issues for older development applications"],"plain_english_summary":"The Ballina Local Environmental Plan 2012 is the legal land‑use rulebook for the Ballina LGA, controlling zones, building permissions and environmental limits that determine what can be built or done on any parcel of land. It directly affects residents, property buyers, developers, businesses and rural landowners because council uses it to approve or refuse development.\n\nThe plan has been amended over 70 times since 2013 — check the current version (as at 12 December 2025)."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Plan’s practical scope has evolved: numerous amendments and inserted clauses (noted throughout clause histories) add site‑specific permitted uses, temporary exemptions, new development controls (e.g. active frontages, dual occupancy rules, community facility exemptions) and repeals. Those changes alter which sites and activities are treated as permitted, exempt or requiring consent and introduce additional local conditions and time limits."},"complexity_factors":["Large number of discrete land use zones and a detailed Land Use Table that differentiates permitted, consented and prohibited uses (cl 2.1–2.3).","Multiple spatial maps (zoning, lot size, height, FSR, heritage, flood, active frontages, Additional Permitted Uses) that must be cross‑checked for every site (cl 1.7; various map references).","Extensive technical development standards (minimum lot sizes, height, FSR, floor area calculations) with layered exceptions and carve‑outs (cls 4.1–4.6, 4.3A, 4.1A–4.1CB).","Numerous site‑specific and time‑limited local provisions and additional permitted uses in Schedule 1 and Part 7, creating bespoke rules for particular lots (Schedule 1; cl 7.15–7.18).","Cross‑references to multiple State environmental planning policies and other Acts, requiring alignment with external regimes (cl 1.9, throughout).","Multiple exempt and complying development pathways with technical conditions and environmentally sensitive area exclusions (Part 3, cl 3.1–3.3; Schedule 2–3).","Clauses granting consent authority discretion and bespoke consent preconditions (heritage assessments, flood planning, airport consultation) that demand technical appraisal (cls 5.10, 5.21, 7.5–7.6).","Document evolution: many amendments, insertions and repeals noted in clause histories, increasing interpretive complexity and site‑specific variance."],"plain_english_summary":"This instrument sets land‑use rules for the Ballina area: it creates zones, lists what development is permitted, requires development consent for many activities, and fixes technical standards (lot sizes, building heights, floor space ratios). The Council is the consent authority (cl 1.6); landowners and developers must obtain consents or comply with exempt/complying pathways.  \n\nIt matters because it determines who may build what, when and where, who bears consent and compliance costs, and gives Council and some state bodies discretion to approve, refuse or impose conditions; schedules and amendments create many site‑specific exceptions."},"kimi_summary":{"_metrics":{"completionTokens":753},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Plan has expanded significantly from its original 2012 scope. Originally focused on standard zoning and development controls, it has grown to include: flood-specific provisions responding to 2022 floods (clauses 7.15, 7.16); active frontage requirements for commercial areas (clause 7.13); temporary function centre provisions for rural areas (clause 7.14); specific site-based development controls (clauses 7.17, 7.18); and detailed aquaculture schedules. The Land Use Table has been amended at least 15 times, and new zones (SP4 Enterprise) and zone renaming have occurred. The Plan now functions as a comprehensive, frequently updated instrument addressing housing diversity, economic development, climate resilience, and post-disaster recovery rather than a simple zoning map."},"complexity_factors":["Multiple overlapping zone categories (17 zones) with detailed land use tables","Extensive cross-referencing to State Environmental Planning Policies (SEPPs) and other legislation","Numerous amendment clauses with complex savings and transitional provisions","Detailed conditional exceptions to standard rules (e.g., clauses 4.1A–4.2C for subdivision)","Heritage controls requiring assessment against multiple criteria and consultation with various bodies","Flood planning provisions referencing external technical documents (Flood Risk Management Manual)","Specific site-based provisions in Schedules 1–6 with map-based triggers","Aquaculture and intensive agriculture provisions with technical operational requirements","Airspace and aircraft noise controls referencing Commonwealth aviation standards","Multiple defined terms in Dictionary (referenced but not included in extract)"],"plain_english_summary":"This is the **Ballina Local Environmental Plan 2012**, a planning rulebook that controls what can be built and how land can be used across the Ballina Shire in northern NSW.\n\n**What it does:**\n- **Zones every parcel of land** into categories like residential (R2, R3), rural (RU1, RU2), employment (E1–E4), mixed use (MU1), conservation (C1–C3), and waterways (W1, W2). Each zone has its own rules about what development is allowed, requires approval, or is banned.\n- **Sets development standards** including minimum lot sizes for subdivision, maximum building heights, and floor space ratios (how much floor area you can build relative to your land size).\n- **Protects heritage** by requiring approval to alter or demolish heritage-listed buildings, archaeological sites, and Aboriginal places.\n- **Manages environmental risks** including flood planning, acid sulfate soils, bush fire hazards, and drinking water catchments.\n- **Controls specific uses** like home businesses, bed-and-breakfasts, farm stays, and intensive livestock farming with size and location limits.\n- **Provides fast-track approvals** for certain minor developments (\"exempt development\") and straightforward projects (\"complying development\") without full assessment.\n\n**Who it affects:**\n- **Property owners and developers** wanting to build, subdivide, or change land use\n- **Farmers and rural landholders** seeking to diversify into tourism or accommodation\n- **Business operators** in commercial and industrial zones\n- **Council planners** assessing development applications\n\n**Why it matters:**\nThe Plan balances growth with protection—allowing housing and economic development while preserving rural character, environmental values, flood-prone areas, and heritage. It has been amended numerous times (over 20 amendments noted) to respond to changing needs, including flood recovery, housing diversity, and tourism opportunities."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/ballina-local-environmental-plan-2012","history":"/api/acts/ballina-local-environmental-plan-2012/history","analysis":"/api/acts/ballina-local-environmental-plan-2012/analysis","conflicts":"/api/acts/ballina-local-environmental-plan-2012/conflicts","importantCases":"/api/acts/ballina-local-environmental-plan-2012/important-cases","documents":"/api/acts/ballina-local-environmental-plan-2012/documents"}}