{"id":"nsw:epi-2013-0408","name":"Bega Valley Local Environmental Plan 2013","slug":"bega-valley-local-environmental-plan-2013","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"408 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181321,"registerId":"nsw-nsw:epi-2013-0408-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 [Bega Valley Local Environmental Plan 2013](/view/html/inforce/current/epi-2013-0408).","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> > RU3 Forestry\n> > \n> > RU4 Primary Production Small Lots\n> > \n> > RU5 Village\n> \n> > Residential Zones\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> > E5 Heavy 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> > SP3 Tourist\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> > C4 Environmental Living\n> \n> > Waterway Zones\n> \n> > W1 Natural Waterways\n> > \n> > W2 Recreational Waterways\n> > \n> > W3 Working Waterways\n> > \n> > W4 Working Waterfront\n> \n> **cl 2.1:** Am 2015 (62), Sch 1 \\[1\\]; 2022 (829), Sch 1.2\\[1\\] \\[2\\].","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 2015 (50), Sch 1 \\[1\\] \\[2\\]; 2015 (62), Sch 1 \\[2\\]; 2015 (740), cl 5 (1)–(3); 2016 (168), Sch 1 \\[4\\]; 2017 (493), Sch 1.1 \\[1\\] \\[2\\]; 2017 (508), Sch 1 \\[1\\] \\[2\\]; 2018 (488), Sch 1.1 \\[1\\]; 2019 (137), Sch 6 \\[1\\]; 2019 (621), Sch 3; 2021 (239), Sch 1\\[1\\] \\[2\\]; 2021 (586), Sch 1\\[1\\]–\\[6\\]; 2021 (714), Sch 10.2; 2022 (314), Sch 1; 2022 (829), Sch 1.2\\[3\\] \\[4\\]; 2023 (458), Sch 2.5; 2024 (1), Sch 1\\[1\\]–\\[4\\]; 2024 (292), Sch 1\\[2\\] \\[3\\]; 2025 (310), Sch 1\\[1\\]–\\[3\\].\n\nZone RU1 Primary Production\n\nZone RU2 Rural Landscape\n\nZone RU3 Forestry\n\nZone RU4 Primary Production Small Lots\n\nZone RU5 Village\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 E5 Heavy Industrial\n\nZone MU1 Mixed Use\n\nZone SP1 Special Activities\n\nZone SP2 Infrastructure\n\nZone SP3 Tourist\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 C4 Environmental Living\n\nZone W1 Natural Waterways\n\nZone W2 Recreational Waterways\n\nZone W3 Working Waterways\n\nZone W4 Working Waterfront","sortOrder":30},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Agriculture; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat launching ramps; Building identification signs; Business identification signs; Camping grounds; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Correctional centres; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Freight transport facilities; Function centres; Garden centres; Hardware and building supplies; Heavy industrial storage establishments; Helipads; Home-based child care; Industries; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Landscaping material supplies; Open cut mining; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Storage premises; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Water recreation structures; Water supply systems; Wholesale supplies","sortOrder":33},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Any 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":139},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":143},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":160},{"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/bega-valley-local-environmental-plan-2013) (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> > | Zone C2 Environmental Conservation and marked “Coastal lands acquisition” | The corporation constituted under section 8 of the Act |\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> **cl 5.1:** Am 2024 (42), Sch 1.4.","sortOrder":161},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":188},{"sectionNumber":"6","sectionType":"section","heading":"Acid sulfate soils","content":"#### 6 Acid sulfate soils\n\n6.1 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/bega-valley-local-environmental-plan-2013) 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.","sortOrder":189},{"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 2015 (482), cl 5; 2022 (829), Sch 1.2\\[14\\] \\[15\\]; 2023 (35), cl 5(1) (2); 2023 (401), Sch 1\\[2\\]; 2024 (206), Sch 1; 2024 (481), Sch 1.","sortOrder":210},{"sectionNumber":"2A","sectionType":"section","heading":"Use of certain land at 487 Sapphire Coast Drive, Bournda","content":"#### 2A Use of certain land at 487 Sapphire Coast Drive, Bournda\n\n2A Use of certain land at 487 Sapphire Coast Drive, Bournda\n\n> > (1) This clause applies to land at 487 Sapphire Coast Drive, Bournda, being Lot 292, DP 853663, identified as “19” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bega-valley-local-environmental-plan-2013).\n> \n> > (2) Development for the purposes of a neighbourhood shop and service station is permitted with development consent.","sortOrder":213},{"sectionNumber":"7","sectionType":"section","heading":null,"content":"#### 7\n\n7 (Repealed)","sortOrder":218},{"sectionNumber":"8","sectionType":"section","heading":"Use of certain land at Merimbula Drive, Merimbula","content":"#### 8 Use of certain land at Merimbula Drive, Merimbula\n\n8 Use of certain land at Merimbula Drive, Merimbula\n\n> > (1) This clause applies to land at Merimbula Drive, Merimbula, being Lot 3, DP 620570 identified as “8” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bega-valley-local-environmental-plan-2013).\n> \n> > (2) Development for the purposes of light industries and tourist and visitor accommodation is permitted with development consent.","sortOrder":219},{"sectionNumber":"9","sectionType":"section","heading":"Use of certain land at Nullica Road, Tarraganda","content":"#### 9 Use of certain land at Nullica Road, Tarraganda\n\n9 Use of certain land at Nullica Road, Tarraganda\n\n> > (1) This clause applies to land at Nullica Road, Tarraganda, being Lot 3, DP 252623 identified as “9” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bega-valley-local-environmental-plan-2013).\n> \n> > (2) Development for the purposes of a vehicle repair station and transport depot, being a transport depot for buses, is permitted with development consent.","sortOrder":220},{"sectionNumber":"10","sectionType":"section","heading":"Use of certain land at Tathra-Bermagui Road, Bermagui and Princes Highway, Eden and Sapphire Coast Drive, Merimbula","content":"#### 10 Use of certain land at Tathra-Bermagui Road, Bermagui and Princes Highway, Eden and Sapphire Coast Drive, Merimbula\n\n10 Use of certain land at Tathra-Bermagui Road, Bermagui and Princes Highway, Eden and Sapphire Coast Drive, Merimbula\n\n> > (1) This clause applies to land at Tathra-Bermagui Road, Bermagui and Princes Highway, Eden and Sapphire Coast Drive, Merimbula, being Lot 312, DP 728092, Lot 1, DP 507706, Lot 55, DP 750194, Lot 1077, DP 1121134 and part of Lot 7004, DP 1054930 identified as “10” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bega-valley-local-environmental-plan-2013).\n> \n> > (2) Development for the purposes of a waste disposal facility is permitted without development consent.\n> \n> > (3) This clause ceases to apply from the beginning of 14 June 2020.","sortOrder":221},{"sectionNumber":"11","sectionType":"section","heading":"Use of certain land at Tilba Road, Wallaga Lake","content":"#### 11 Use of certain land at Tilba Road, Wallaga Lake\n\n11 Use of certain land at Tilba Road, Wallaga Lake\n\n> > (1) This clause applies to land at Tilba Road, Wallaga Lake, being Lot 41, DP 752130 identified as “11” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bega-valley-local-environmental-plan-2013).\n> \n> > (2) Development for the purposes of a function centre is permitted with development consent.","sortOrder":222},{"sectionNumber":"12","sectionType":"section","heading":"Use of certain land at Merimbula Airport","content":"#### 12 Use of certain land at Merimbula Airport\n\n12 Use of certain land at Merimbula Airport\n\n> > (1) This clause applies to land at Merimbula Airport, Arthur Kaine Drive, Merimbula, being Lot 1, DP 549112 identified as “12” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bega-valley-local-environmental-plan-2013).\n> \n> > (2) Development for the purposes of commercial premises, community facilities and light industries is permitted with development consent if the consent authority is satisfied that—\n> > \n> > > (a) the development will not interfere with the effective operation of the airport, and\n> > \n> > > (b) the development will not adversely affect the commercial viability of the central business district of Merimbula.","sortOrder":223},{"sectionNumber":"13","sectionType":"section","heading":null,"content":"#### 13\n\n13 (Repealed)","sortOrder":224},{"sectionNumber":"14","sectionType":"section","heading":"Use of certain land at Sapphire Coast Drive, Merimbula","content":"#### 14 Use of certain land at Sapphire Coast Drive, Merimbula\n\n14 Use of certain land at Sapphire Coast Drive, Merimbula\n\n> > (1) This clause applies to land at Sapphire Coast Drive, Merimbula, being Lot 441, DP 45826 and Lot 447, DP 720013 identified as “14” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bega-valley-local-environmental-plan-2013).\n> \n> > (2) Development for the purposes of dwelling houses is permitted with development consent.","sortOrder":225},{"sectionNumber":"15","sectionType":"section","heading":"Use of certain land at Broadwater, Millingandi, Wonboyn and Wonboyn Lake","content":"#### 15 Use of certain land at Broadwater, Millingandi, Wonboyn and Wonboyn Lake\n\n15 Use of certain land at Broadwater, Millingandi, Wonboyn and Wonboyn Lake\n\n> > (1) This clause applies to land at Broadwater, being Lot 124, DP 44333, Millingandi, being Lots 438 and 440, DP 45800, Wonboyn, being Lot 29, DP 750239 and Wonboyn Lake, being Lot 44, DP 599749 identified as “15” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bega-valley-local-environmental-plan-2013).\n> \n> > (2) Development for the purposes of aquaculture is permitted with development consent.","sortOrder":226},{"sectionNumber":"16","sectionType":"section","heading":"Use of certain land at Gowing and Valley Streets, Bega","content":"#### 16 Use of certain land at Gowing and Valley Streets, Bega\n\n16 Use of certain land at Gowing and Valley Streets, Bega\n\n> > (1) This clause applies to land at Gowing Avenue, Rawlinson and Valley Streets, Bega, being Lots 40 and 41, DP 826237, Lot 1, DP 999094 and Lot C, DP 975901 identified as “16” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bega-valley-local-environmental-plan-2013).\n> \n> > (2) Development for the purposes of seniors housing is permitted with development consent.","sortOrder":227},{"sectionNumber":"17","sectionType":"section","heading":"Use of certain land at Young Street, Bermagui","content":"#### 17 Use of certain land at Young Street, Bermagui\n\n17 Use of certain land at Young Street, Bermagui\n\n> > (1) This clause applies to land at Montague and Young Streets, Bermagui, being Lots 11–15, Section 8, DP 758095 identified as “17” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bega-valley-local-environmental-plan-2013).\n> \n> > (2) Development for the purposes of seniors housing is permitted with development consent.","sortOrder":228},{"sectionNumber":"18","sectionType":"section","heading":"Use of certain land at 280–282 Merimbula Drive, Merimbula","content":"#### 18 Use of certain land at 280–282 Merimbula Drive, Merimbula\n\n18 Use of certain land at 280–282 Merimbula Drive, Merimbula\n\n> > (1) This clause applies to land at 280–282 Merimbula Drive, Merimbula, being Lot 3, DP 620570 and Lot 2, DP 594161 identified as “18” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bega-valley-local-environmental-plan-2013).\n> \n> > (2) Development for the purposes of rural supplies, timber yards and truck depots is permitted with development consent.","sortOrder":229},{"sectionNumber":"19","sectionType":"section","heading":"Use of certain land at Arthur Kaine Drive, Merimbula","content":"#### 19 Use of certain land at Arthur Kaine Drive, Merimbula\n\n19 Use of certain land at Arthur Kaine Drive, Merimbula\n\n> > (1) This clause applies to the following land at Arthur Kaine Drive, Merimbula, identified as “23” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bega-valley-local-environmental-plan-2013)—\n> > \n> > > (a) Lot 374, DP 750227,\n> > \n> > > (b) Lots 1 and 2, DP 1047807,\n> > \n> > > (c) part of Lot 355, DP 41837.\n> \n> > (2) Development for the purposes of tourist and visitor accommodation is permitted with development consent.","sortOrder":230},{"sectionNumber":"20","sectionType":"section","heading":"Use of certain land at Wirriga Street, Eden","content":"#### 20 Use of certain land at Wirriga Street, Eden\n\n20 Use of certain land at Wirriga Street, Eden\n\n> > (1) This clause applies to land at Wirriga Street, Eden, identified as “20” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bega-valley-local-environmental-plan-2013).\n> \n> > (2) Development for the purposes of general industries or residential accommodation is permitted with development consent.","sortOrder":231},{"sectionNumber":"21","sectionType":"section","heading":"Use of certain land at North Bega and South Bega","content":"#### 21 Use of certain land at North Bega and South Bega\n\n21 Use of certain land at North Bega and South Bega\n\n> > (1) This clause applies to certain land at Ridge Street, John Street, Buckajo Road, Bridge Street and Lagoon Street, North Bega, and Spanish Oaks Drive, She Oak Close and Kerrisons Lane, South Bega, identified as “21” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bega-valley-local-environmental-plan-2013).\n> \n> > (2) Development for the purposes of specialised retail premises is permitted with development consent.","sortOrder":232},{"sectionNumber":"22","sectionType":"section","heading":"Use of certain land at Eden Snug Cove, Eden Wharf","content":"#### 22 Use of certain land at Eden Snug Cove, Eden Wharf\n\n22 Use of certain land at Eden Snug Cove, Eden Wharf\n\n> > (1) This clause applies to certain land at Eden Snug Cove, Eden Wharf, identified as “22” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bega-valley-local-environmental-plan-2013).\n> \n> > (2) Development for the purposes of tourist and visitor accommodation is permitted with development consent.","sortOrder":233},{"sectionNumber":"23","sectionType":"section","heading":"Use of certain land in Zones E1 and E2","content":"#### 23 Use of certain land in Zones E1 and E2\n\n23 Use of certain land in Zones E1 and E2\n\n> > (1) This clause applies to land in Zones E1 and E2 identified as “24” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bega-valley-local-environmental-plan-2013).\n> \n> > (2) Development for the purposes of dwelling houses, dual occupancies, multi dwelling housing and residential flat buildings is permitted with development consent.","sortOrder":234},{"sectionNumber":"24","sectionType":"section","heading":"Use of certain land at 10 Lagoon Street, Bega","content":"#### 24 Use of certain land at 10 Lagoon Street, Bega\n\n24 Use of certain land at 10 Lagoon Street, Bega\n\n> > (1) This clause applies to part of Lot 1, DP 1264640, 10 Lagoon Street, Bega, identified as “25” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bega-valley-local-environmental-plan-2013).\n> \n> > (2) Development for the following purposes is permitted with development consent—\n> > \n> > > (a) community facilities,\n> > \n> > > (b) entertainment facilities,\n> > \n> > > (c) function centres,\n> > \n> > > (d) retail premises.","sortOrder":235},{"sectionNumber":"25","sectionType":"section","heading":"Use of land at Rawlinson Street, Bega","content":"#### 25 Use of land at Rawlinson Street, Bega\n\n25 Use of land at Rawlinson Street, Bega\n\n> > (1) This clause applies to Lot 2, DP 516738 and Lot 3, DP 1187097, Rawlinson Street, Bega, identified as “26” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bega-valley-local-environmental-plan-2013).\n> \n> > (2) Development for the purposes of residential flat buildings is permitted with development consent.","sortOrder":236},{"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 2022 (829), Sch 1.2\\[16\\]–\\[18\\]; 2024 (1), Sch 1\\[10\\]–\\[12\\]; 2025 (310), Sch 1\\[8\\]; 2025 (559), Sch 1.","sortOrder":237},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Burials on private land","content":"#### sch.2-sec Burials on private land\n\nBurials on private land\n\n> > (1) Must only be on land in the following zones—\n> > \n> > > (a) Zone RU1,\n> > \n> > > (b) Zone RU2,\n> > \n> > > (c) Zone C3.\n> \n> > (2) Must not have more than 4 deceased persons buried on the land.\n> \n> > (3) Must comply with the standards specified in Council Policy—Burials on Private Land, as published by the Council on 8 October 2025.\n> > \n> > Note—\n> > \n> > Must comply with the [Public Health Regulation 2022](/view/html/inforce/current/sl-2022-0502), Part 8 and the relevant guidelines issued by the Ministry of Health.","sortOrder":238},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Community gardens","content":"#### sch.2-sec-oc.2 Community gardens\n\nCommunity gardens\n\n> > (1) Must be located on community land categorised as a park or as general community use.\n> \n> > (2) Maximum area—600m2.\n> > \n> > Note—\n> > \n> > Approval of the Council may be required under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) for activities on community land.","sortOrder":239},{"sectionNumber":"sch.2-sec-oc.3","sectionType":"section","heading":"Markets","content":"#### sch.2-sec-oc.3 Markets\n\nMarkets\n\n> > (1) Must be located in a public car park or on community land categorised as a park or as general community use.\n> \n> > (2) Maximum 4 per year.\n> \n> > (3) Maximum 30 stalls.\n> \n> > (4) Must not be used for the purposes of the sale of registrable vehicles, within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n> \n> Note—\n> \n> Approval of the Council may be required under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).","sortOrder":240},{"sectionNumber":"sch.2-sec-oc.4","sectionType":"section","heading":"Painted artwork on buildings","content":"#### sch.2-sec-oc.4 Painted artwork on buildings\n\nPainted artwork on buildings\n\n> > (1) Must not be on a heritage item or a draft heritage item, or in a heritage conservation area, a draft heritage conservation area or a foreshore area.\n> \n> > (3) If on land in a residential zone—must be less than 3m in height and 3m in diameter.\n> \n> > (4) Must not project above the parapet or eaves of the building.\n> \n> > (5) Must not contain signage.\n> > \n> > Note—\n> > \n> > Signage includes advertising and business identification signs.\n> \n> > (6) In this clause—\n> > \n> > draft heritage conservation area, draft heritage item and foreshore area have the same meanings as in [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).\n> \n> Note—\n> \n> Development on a public road may require approval under the [Roads Act 1993](/view/html/inforce/current/act-1993-033).","sortOrder":241},{"sectionNumber":"sch.2-sec-oc.5","sectionType":"section","heading":"Signage","content":"#### sch.2-sec-oc.5 Signage\n\nSignage\n\n> > (1) Must not cover mechanical ventilation inlet or outlet vents.\n> \n> > (2) Must not include flashing or moving components.\n> \n> > (3) Must not be erected or displayed on or above public roads and public reserves, unless otherwise permitted in this Schedule.\n> \n> > (4) Under awning signs\n> > \n> > > (a) Maximum area—1.5m2.\n> > \n> > > (b) Must be erected horizontally at least 2.6m from the ground or footpath.\n> > \n> > > (c) Must not project beyond awning.\n> > \n> > > (d) If erected above a public road, must not extend or project beyond a point 0.6m from the vertical projection of the kerb line.\n> \n> > (5) Fascia signs (attached to the fascia or return of an awning)\n> > \n> > > (a) Must not project above or below the fascia or return end of awning.\n> > \n> > > (b) Must not extend more than 300mm from the fascia or return end of awning.\n> > \n> > > (c) If erected above a public road, must not extend or project beyond a point 0.6m from the vertical projection of the kerb line.\n> \n> > (6) Top hamper signs (attached to the transom of a doorway or display window of a building)\n> > \n> > > (a) Must not extend more than 200mm beyond any building alignment.\n> > \n> > > (b) Must not extend below head of doorway or window to which it is attached.\n> \n> > (7) Flush wall signs (attached to the wall of a building (other than the transom of a doorway or display window) and not projecting more than 300mm from the wall)\n> > \n> > > (a) Must not exceed 2.5m2 for the combined area of all flush wall signs on the premises.\n> > \n> > > (b) If projecting over a public road, must be erected horizontally at least 2.6m from the ground or footpath.\n> \n> > (8) Window signs (attached to, or displayed on, a shop window)\n> > \n> > > (a) Maximum 1 per shopfront.\n> > \n> > > (b) Must be located on ground level.\n> > \n> > > (c) At least 50% of front window must remain uncovered.\n> \n> > (9) Projecting wall signs (attached to the wall of a building (other than the transom of a doorway or display window) and projecting horizontally more than 300mm) Must be erected horizontally at least 2.6m from the ground or footpath.\n> \n> > (10) Business identification signs\n> > \n> > > (a) If located on land in a residential or rural zone—\n> > > \n> > > > (i) maximum 1 sign per property, and\n> > > \n> > > > (ii) must be situated within the boundaries of the property, and\n> > > \n> > > > (iii) maximum area—2.5m2, and\n> > > \n> > > > (iv) must not be illuminated.\n> > \n> > > (b) If located on land in Zone E1, E2, E3 or MU1—\n> > > \n> > > > (i) maximum 3 signs per premises, and\n> > > \n> > > > (ii) must be located at ground floor level, and\n> > > \n> > > > (iii) must be an under awning sign, fascia sign, top hamper sign, flush wall sign or window sign.\n> > \n> > > (c) If located on land in Zone E4—\n> > > \n> > > > (i) must be situated within the boundaries of the premises, and\n> > > \n> > > > (ii) if located on premises containing a single occupancy, must be either—\n> > > > \n> > > > > (A) a flush wall sign with an area not more than 20% of the area of the front elevation of the premises, or\n> > > > \n> > > > > (B) a projecting wall sign with a maximum area of 5m2, and\n> > > \n> > > > (iii) if located on premises containing multiple occupancies, must be either a flush wall sign or projecting wall sign with a maximum area of 2.5m2 that is attached to the relevant occupancy.\n> \n> > (11) Advertising signage—internal signs\n> > \n> > > (a) Must not be visible from outside the premises in which it is displayed.\n> > \n> > > (b) If located in premises on land in an employment zone, must be behind the glass line of a window.\n> \n> > (12) Replacement signs (change of message)\n> > \n> > > (a) Must be a lawfully erected sign.\n> > \n> > > (b) Must not increase area of sign or brightness of illumination.\n> \n> > (13) A-frame signs\n> > \n> > > (a) Maximum 1 per premises.\n> > \n> > > (b) Must not be located on land in a residential, rural or conservation zone unless related to—\n> > > \n> > > > (i) artisan food and drink industries, or\n> > > \n> > > > (ii) farm gate premises, or\n> > > \n> > > > (iii) information and education facilities, or\n> > > \n> > > > (iv) mobile food and drink outlets, or\n> > > \n> > > > (v) retail premises.\n> > \n> > > (c) Must not obstruct the movement of pedestrians.\n> > \n> > > (d) Must be removed at the close of business each day.\n> > \n> > Note—\n> > \n> > Approval of the Council may be required under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) for activities on public roads.","sortOrder":242},{"sectionNumber":"sch.2-sec-oc.6","sectionType":"section","heading":"Subdivision of council public roads","content":"#### sch.2-sec-oc.6 Subdivision of council public roads\n\nSubdivision of council public roads\n\n> Must relate to land comprising a council public road proposed for closure under the [Roads Act 1993](/view/html/inforce/current/act-1993-033), Part 4, Division 3.","sortOrder":243},{"sectionNumber":"sch.2-sec-oc.7","sectionType":"section","heading":"Temporary use of land for events","content":"#### sch.2-sec-oc.7 Temporary use of land for events\n\nTemporary use of land for events\n\n> > (1) The land must be—\n> > \n> > > (a) public land, or\n> > \n> > > (b) in a car park owned or managed by the Council, or\n> > \n> > > (c) a showground.\n> \n> > (2) Must not be in a conservation zone.\n> \n> > (3) Must not be for a music concert or dance party, unless the event is for the purposes of community fundraising.\n> \n> > (4) Must not be for more than 7 consecutive days.\n> \n> > (5) Must not be for a particular event more than once in a calendar year.\n> \n> Note—\n> \n> Approval of the Council may be required under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).","sortOrder":244},{"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":245},{"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":248},{"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 2015 (646), Sch 1 \\[1\\]–\\[3\\]; 2017 (52), cl 4; 2017 (366), cl 5 (1) (2).","sortOrder":249},{"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 2017 (508), Sch 1 \\[4\\]–\\[8\\]; 2020 (222), Sch 1\\[1\\]–\\[4\\]; 2022 (55), cl 5(1)–(4); 2024 (1), Sch 1\\[13\\] \\[14\\]; 2025 (310), Sch 1\\[9\\]–\\[11\\].","sortOrder":253},{"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":258},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":260},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":262}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The very high number of amendments (70+ over roughly 12 years) strongly indicates that the plan's scope has evolved substantially from its original 2013 form. LEP amendments of this frequency typically reflect rezoning of specific parcels, changes to permitted land uses, adjustments to development standards (such as building heights or lot sizes), and the incorporation of new state government policy requirements. The plan has clearly grown in complexity and coverage beyond its original intent."},"complexity_factors":["Over 70 amendments since 2013, creating a highly evolved and layered document that is difficult to track without version comparison tools","Operates as a 'standard instrument LEP' which itself references and incorporates a complex template with statewide provisions that must be read alongside local variations","Must be read in conjunction with the Environmental Planning and Assessment Act 1979 and associated regulations","Contains zone-by-zone rules, meaning complexity varies significantly depending on which specific parcel of land is being considered","Includes maps (zoning maps, height maps, floor space ratio maps, heritage maps etc.) that form part of the legal instrument but are separate documents","Interacts with other planning instruments including State Environmental Planning Policies (SEPPs) which can override or modify its provisions","Frequent amendments mean determining the law at any historical point in time (e.g. for a past development) requires navigating point-in-time versions","The actual substantive content (zones, permitted uses, development standards) is not visible in the provided text — only the status/versioning metadata is available for analysis"],"plain_english_summary":"The Bega Valley Local Environmental Plan 2013 is the legally binding land‑use rulebook for the Bega Valley LGA, setting what can be built, how land may be used, and when council approval is required. It governs development, property owners, businesses and builders in the region.\n\nIt’s the foundation for nearly every planning decision (and enforcement) in the shire, operates under the Environmental Planning and Assessment Act 1979, and has been amended frequently—check the current version before acting."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. The instrument as presented has materially grown beyond a basic zoning document. The original mechanics (zones, basic Land Use Table, minimum lot sizes) have been supplemented repeatedly with site‑specific additional permitted uses (Schedule 1), many local exceptions to minimum lot sizes and bespoke subdivision rules (clauses 4.1AA, 4.1A, 4.1B, 4.1C, 4.2E–F, and Part 6 clauses 6.13–6.17), detailed environmental overlays and operational requirements (acid sulfate soils clause 6.1; terrestrial biodiversity clause 6.5; riparian clause 6.6), hazard‑response rules (flood and coastal risk clauses 5.21–5.22, 6.4), industry‑specific regulatory detail (aquaculture Schedule 6; intensive livestock clause 5.18), and targeted social policy measures (housing diversity, adaptable housing clauses 6.19–6.20). The amendment history noted in the Plan’s margins shows iterative additions through 2013–2025. Those changes moved the instrument from a relatively uniform zoning framework toward a fine‑grained, map‑driven code that embeds detailed environmental, heritage, infrastructure and site‑specific economic permissions."},"complexity_factors":["Extensive length: multi‑part instrument with six Parts plus five Schedules and multiple detailed local clauses.","Many defined cross‑references to external instruments and standards (numerous SEPPs, NSW guidelines, other Acts such as Forestry Act, Fisheries Management Act, BASIX rules, AS 2021:2015, Flood Risk Management Manual).","Multiple maps drive materially different outcomes (Land Zoning Map, Lot Size Map, Height Map, Floor Space Ratio Map, Heritage Map, Biodiversity Map, Riparian Lands Map, Noise Exposure Forecast Map, Land Reservation Acquisition Map).","Large number of site‑specific exceptions and parcel‑level permissions in Schedule 1 and Part 6 (creates heterogeneity across parcels).","Numerical thresholds and conditional tests scattered through the Plan (minimum lot sizes, % landscaped area, occupants/animal thresholds for intensive livestock, various distances and area caps).","Nested discretionary tests and exceptions-to-exceptions (e.g. clause 4.6 broad exceptions subject to zone-specific prohibition subclauses and other exclusions).","Extensive heritage schedule (Schedule 5) and procedural requirements for heritage and Aboriginal places that trigger additional assessment steps and notifications.","Multiple environmental overlays and special‑purpose controls (acid sulfate soils, riparian buffers, biodiversity, coastal risk, flood planning) with required management plans.","Numerous amendments over time reflected in footnotes — instrument has evolved and interlocks with later State policies, increasing interpretive complexity.","Reliance on subjective consent authority judgments (\"satisfied the consent authority\") repeated across clauses increases case‑by‑case variability."],"plain_english_summary":"**What this Plan does (mechanics)\n\n- Sets the legal rules for what can be done with land inside the Bega Valley LGA by: defining zones, adopting maps, and listing the uses that are permitted without consent, permitted with development consent, or prohibited (clauses 2.1–2.3, Land Use Table).\n- Makes the local council the consent authority for applications under the Plan (clause 1.6).\n- Fixes development standards that apply across the area (e.g. minimum lot sizes, building heights, floor space ratios, subdivision rules) and creates processes for exceptions and variations (Part 4, clauses 4.1–4.6).\n- Identifies exempt and complying development categories (Part 3, Schedule 2 and 3) so some low-impact work can proceed without the normal development consent.\n- Imposes specialised local controls and site-specific rules (Part 6 and Schedule 1) — for example, extra permitted uses on particular lots, local subdivision exceptions, and requirements for development near Merimbula Airport (clause 6.12).\n- Protects heritage, biodiversity, riparian corridors, flood-prone and coastal risk areas through consent requirements and assessment tests (clauses 5.10, 6.5–6.7, 5.21–5.22).\n- Regulates a number of specific activities: aquaculture (clause 5.19 and Schedule 6), intensive livestock thresholds (clause 5.18), secondary dwellings and rural workers’ dwellings (clauses 4.1A, 4.2C, 5.5), signage and markets (Schedule 2 items), and temporary events (clause 2.8 and Schedule 2).\n- Includes procedural and mapping mechanics: Land Zoning Map, Lot Size Map, Height of Buildings Map, Heritage Map, Land Reservation Acquisition Map, etc., which determine the applicable rules for each parcel (clauses 1.7, 1.3, 2.2 and throughout).\n\nWho this affects\n\n- Landowners and prospective developers in the Bega Valley — their ability to subdivide, build, change land use and operate businesses is governed by the Plan (Land Use Table; Part 4 subdivision rules).\n- The Council — as the consent authority it decides applications, enforces conditions and interprets discretionary tests (clause 1.6; many consent tests across Parts 4–6).\n- Specific industry groups and occupiers — farmers, aquaculture operators, tourism operators, licensed premises (music protections at clause 5.20), airport neighbours (clause 6.8 and 6.12), heritage property owners and Aboriginal communities (clause 5.10 and Schedule 5).\n- Adjoining neighbours and the broader community — outcomes for amenity, flood risk, environmental values and infrastructure capacity are assessed under the Plan.\n\nWhy it matters (policy intent and practical trade-offs)\n\n- The Plan’s stated aims include protecting environmental and heritage values, enabling sustainable primary production and tourism, providing housing choices (including affordable/adaptable housing), and managing natural hazard risk (clause 1.2). Those aims are implemented mechanically through zoning, minimum lot sizes, environmental assessment tests, and the schedules/maps that apply to particular sites.\n\n- Costs, incentives and trade-offs visible in the text:\n  - Who pays: applicants bear the direct costs of planning approvals, heritage or environmental assessments, and meeting conditions (see requirements for heritage documents, acid sulfate soils management plans, flood/coastal risk responses: clauses 5.10, 6.1, 6.4, 5.21). Local and State agencies may incur mapping, monitoring and enforcement costs.\n  - Constraints on private value: minimum lot sizes, heritage protections and biodiversity/riparian restrictions limit where and how intensification can occur (clauses 4.1, 5.10, 6.5–6.7). Those constraints reduce some development options and therefore affect land values and the supply of developable lots.\n  - Flexibility mechanisms: the Plan contains multiple exception routes (clause 4.6 and specific local exception clauses such as 4.1B, 4.1C, 6.13–6.17) that allow departures from numerical standards where the consent authority is satisfied — these create discretionary opportunities but also increase uncertainty for applicants.\n  - Concentrated benefits and site-specific grants: Schedule 1 and Part 6 include parcel-level additional permitted uses and site-specific development entitlements (e.g. particular lots allowed commercial uses). Those provisions deliver concentrated, high-value benefits to particular owners while imposing planning constraints normally applied uniformly elsewhere.\n  - Compliance burden and procedural discretion: many clauses require management plans (acid sulfate soils, heritage conservation, eco‑tourism management strategies, aquaculture operational requirements) and subjective satisfaction by the consent authority (e.g. \"satisfied that\" tests across Part 6). That raises application costs and gives the Council substantial evaluative discretion (clauses 6.1(3), 5.10(5)–(6), 5.13(3), 5.19(2)).\n  - Substitution and location effects: numerical caps and zone-based prohibitions will push some development to other zones or to parcels with additional permitted uses. For example, limits on lot sizes and housing types in rural and conservation zones encourage redevelopment in zones where density rules are more permissive (clauses 4.1, 6.15–6.17).\n  - Implementation risks: the Plan depends heavily on accurate maps and external guidelines (flood and coastal guidance, BASIX/BASIX‑related rules, acoustic standards, and aviation maps). Mistakes or delays in map updates or inconsistent guideline application create legal and practical risk (clauses 1.7, 5.21, 6.12).\n\nConcrete behavioural effects\n\n- Developers will plan projects around mapped constraints (lot sizes, height/FAR maps) and the list of uses allowed in each zone (clause 2.3, Land Use Table, maps).\n- Applicants who need departures rely on discretionary exceptions (clause 4.6), requiring stronger justification, environmental planning grounds and often stronger conditions — increasing negotiation with Council.\n- Owners of parcels benefiting from Schedule 1 site‑specific permissions have direct commercial opportunities that neighbouring landowners do not have (Schedule 1).\n\nKey legal levers to watch in practice\n\n- Mapping and schedule updates, because many entitlements are map‑ and schedule‑driven (clause 1.7 and multiple schedule references).\n- The exercise of \"satisfied\" and discretionary tests by Council across environmental, heritage and hazard clauses (for example clauses 4.2A(4), 5.10(4), 5.21(2)).\n- Use of clause 1.9A (suspension of covenants) which, in limited circumstances, allows the Plan to override private covenants (subject to enumerated exclusions).\n\n(References: clause numbers and the Land Use Table, Schedule 1 and 2, Part 4 subdivision and development standards, Part 5 heritage and hazard provisions, Part 6 local clauses and Schedule 5 heritage listings.)"},"kimi_summary":{"_metrics":{"completionTokens":754},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2013 scope. Originally focused on standard zoning and development controls, it has grown to include: detailed housing diversity mandates (2024), music venue protections (2024), adaptable housing requirements (2024), expanded flood and coastal risk planning (2023), farm stay and farm gate provisions (2023), and numerous site-specific additional permitted uses. The heritage schedule has also expanded substantially. The plan now functions as a comprehensive housing and economic development policy tool, not merely a land use zoning instrument."},"complexity_factors":["25 separate land use zones with distinct objectives and permitted uses","Extensive cross-referencing to external maps (Lot Size Map, Height of Buildings Map, Floor Space Ratio Map, Heritage Map, etc.)","Multiple nested exceptions and conditional provisions for subdivision (clauses 4.1, 4.1AA, 4.1A, 4.1B, 4.1C, 4.2, 4.2A, 4.2B, 4.2C, 4.2D, 4.2E, 4.2F)","Detailed heritage protection provisions with multiple approval pathways and exceptions (clause 5.10)","Schedule-based structure with 6 schedules containing additional permitted uses, exempt development, complying development, public land classification, heritage items, and aquaculture standards","Frequent amendments (over 30 amendment references in the Land Use Table alone)","Conditional logic for environmentally sensitive areas, flood planning, and coastal risk with multiple overlapping considerations","Specific numeric thresholds throughout (lot sizes, floor areas, distances, percentages) that vary by zone and location"],"plain_english_summary":"This is the **Bega Valley Local Environmental Plan 2013**, a planning rulebook that controls what can be built and done on land in the Bega Valley area of NSW (covering towns like Bega, Merimbula, Eden, Bermagui and surrounding rural areas).\n\n**What it does:**\n- **Zones land** into categories like rural (farming), residential, commercial, industrial, conservation and waterways — 25 zones in total\n- **Sets rules** for each zone about what development needs approval, what doesn't, and what's banned\n- **Controls subdivision** — how small land parcels can be split, with special rules for rural areas to prevent farmland fragmentation\n- **Protects heritage** — lists hundreds of heritage buildings and 15 heritage conservation areas that need special approval for changes\n- **Manages environmental risks** — includes rules for flood-prone land, coastal hazards, bushfire risk, acid sulfate soils, and biodiversity protection\n- **Supports housing diversity** — recent amendments added requirements for smaller dwellings, adaptable housing for people with disabilities, and co-living arrangements\n\n**Who it affects:**\n- Property owners wanting to build, subdivide or change land use\n- Farmers and rural landholders (special rules for rural workers' housing, farm stays, and agricultural industries)\n- Developers and businesses\n- The local council (Bega Valley Shire Council), which makes most approval decisions\n\n**Key recent changes:**\n- New rules for **music and performance venues** — councils can't refuse approvals based on music genre, live vs recorded music, or dancing\n- **Housing diversity requirements** — mandates smaller dwellings in larger developments\n- **Adaptable housing standards** — requires 25% of some new housing to meet disability access standards\n- **Relaxed lot sizes** in some areas to allow more housing in villages and certain residential zones"}},"importantCases":[],"_links":{"self":"/api/acts/bega-valley-local-environmental-plan-2013","history":"/api/acts/bega-valley-local-environmental-plan-2013/history","analysis":"/api/acts/bega-valley-local-environmental-plan-2013/analysis","conflicts":"/api/acts/bega-valley-local-environmental-plan-2013/conflicts","importantCases":"/api/acts/bega-valley-local-environmental-plan-2013/important-cases","documents":"/api/acts/bega-valley-local-environmental-plan-2013/documents"}}