{"id":"nsw:epi-2010-0418","name":"Bellingen Local Environmental Plan 2010","slug":"bellingen-local-environmental-plan-2010","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"418 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181638,"registerId":"nsw-nsw:epi-2010-0418-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 [Bellingen Local Environmental Plan 2010](/view/html/inforce/current/epi-2010-0418).","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> > Residential Zones\n> \n> > R1 General Residential\n> > \n> > R5 Large Lot Residential\n> \n> > Employment Zones\n> \n> > E1 Local Centre\n> > \n> > E4 General Industrial\n> \n> > Special Purpose Zones\n> \n> > SP1 Special Activities\n> > \n> > SP2 Infrastructure\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> **cl 2.1:** Am 2022 (828), Sch 1.4\\[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 2011 (363), Sch 4 \\[2\\]–\\[26\\]; 2011 No 62, Sch 2.5; 2014 (31), Sch 1 \\[1\\]; 2016 (168), Sch 1 \\[2\\]; 2016 No 55, Sch 3.1; 2017 (493), Sch 1.1 \\[1\\]; 2018 (488), Sch 1.1 \\[1\\]; 2019 (137), Sch 6 \\[1\\]; 2019 No 1, Sch 2.1; 2022 (314), Sch 1; 2022 (828), Sch 1.4\\[2\\]; 2023 (411), Sch 1\\[1\\].\n\nZone RU1 Primary Production\n\nZone RU2 Rural Landscape\n\nZone RU3 Forestry\n\nZone RU4 Primary Production Small Lots\n\nZone R1 General Residential\n\nZone R5 Large Lot Residential\n\nZone E1 Local Centre\n\nZone E4 General Industrial\n\nZone SP1 Special Activities\n\nZone SP2 Infrastructure\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","sortOrder":30},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Aquaculture; Bed and breakfast accommodation; Building identification signs; Business identification signs; Cellar door premises; Dual occupancies (attached); Dwelling houses; Extractive industries; Farm buildings; Home industries; Intensive livestock agriculture; Intensive plant agriculture; Neighbourhood shops; Open cut mining; Roads; Roadside stalls; Secondary dwellings; Any other development not specified in item 2 or 4","sortOrder":33},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Amusement centres; Boat building and repair facilities; Camping grounds; Car parks; Caravan parks; Cemeteries; Centre-based child care facilities; Commercial premises; Depots; Eco-tourist facilities; Entertainment facilities; Exhibition homes; Exhibition villages; Freight transport facilities; Function centres; Health services facilities; Heavy industrial storage establishments; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Local distribution premises; Marinas; Mooring pens; Mortuaries; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Service stations; Sex services premises; Signage; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Wharf or boating facilities; Wholesale supplies","sortOrder":34},{"sectionNumber":"Part 3","sectionType":"part","heading":"Exempt and complying development","content":"# Part 3 Exempt and complying development\n\nPart 3 Exempt and complying development","sortOrder":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":119},{"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/bellingen-local-environmental-plan-2010) (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).\n> > \n> > | Type of land shown on Map | Authority of the State |\n> > | Zone RE1 Public Recreation and marked “Local open space” | Council |\n> > | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |\n> > | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |\n> > | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |\n> \n> > (3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.\n> > \n> > Note.\n> > \n> > If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning is required to take action to enable the designation of the acquiring authority under this clause. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning (see section 21 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022)).","sortOrder":120},{"sectionNumber":"Part 6","sectionType":"part","heading":"Urban release areas","content":"# Part 6 Urban release areas\n\nPart 6 Urban release areas","sortOrder":146},{"sectionNumber":"6","sectionType":"section","heading":"Arrangements for designated State public infrastructure","content":"#### 6 Arrangements for designated State public infrastructure\n\n6.1 Arrangements for designated State public infrastructure\n\n> > (1) The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.\n> \n> > (2) Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.\n> \n> > (3) Subclause (2) does not apply to—\n> > \n> > > (a) any lot identified in the certificate as a residue lot, or\n> > \n> > > (b) any lot to be created by a subdivision of land that was the subject of a previous development consent granted in accordance with this clause, or\n> > \n> > > (c) any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or\n> > \n> > > (d) a subdivision for the purpose only of rectifying an encroachment on any existing lot.\n> \n> > (4) This clause does not apply to land in an urban release area if all or any part of the land is in a region within the meaning of the Act, Division 7.1, Subdivision 4.\n> \n> **cl 6.1:** Am 2011 (363), Sch 4 \\[37\\]; 2019 (621), Sch 5\\[5\\]; 2023 (554), Sch 1.","sortOrder":147},{"sectionNumber":"Part 7","sectionType":"part","heading":"Additional local provisions","content":"# Part 7 Additional local provisions\n\nPart 7 Additional local provisions","sortOrder":150},{"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/bellingen-local-environmental-plan-2010) 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, such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial water bodies (including canals, dams and detention basins) or foundations or flood mitigation works, or\n> > \n> > > (b) the works are not likely to lower the watertable.","sortOrder":151},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Additional permitted uses","content":"# Schedule 1 Additional permitted uses\n\nSchedule 1 Additional permitted uses\n\n(Clause 2.5)\n\n**sch 1:** Am 2011 (578), Sch 1 \\[1\\]–\\[4\\]; 2014 (31), Sch 1 \\[4\\]; 2014 (421), Sch 1 \\[2\\]; 2019 (64), cl 4; 2022 (250), Sch 1\\[3\\]; 2022 (828), Sch 1.4\\[11\\].","sortOrder":163},{"sectionNumber":"2A","sectionType":"section","heading":"Use of certain land at Railway Street, Dorrigo","content":"#### 2A Use of certain land at Railway Street, Dorrigo\n\n2A Use of certain land at Railway Street, Dorrigo\n\n> > (1) This clause applies to land at Railway Street, Dorrigo, being Lot 70, DP 1191049.\n> \n> > (2) Development for the purpose of a medical centre is permitted with development consent on the part of the land in Zone E4 General Industrial.\n> \n> > (3) Development consent under subclause (2) must not be granted after 5 years from the commencement of this clause.","sortOrder":166},{"sectionNumber":"4A","sectionType":"section","heading":"Use of certain land at 105 Cabans Road, Raleigh","content":"#### 4A Use of certain land at 105 Cabans Road, Raleigh\n\n4A Use of certain land at 105 Cabans Road, Raleigh\n\n> > (1) This clause applies to land at 105 Cabans Road, Raleigh, being Lots 63, 224, 258 and 293, DP 755553.\n> \n> > (2) Development for the purpose of a dwelling house is permitted with development consent, if all the lots are consolidated into a single lot.\n> \n> > (3) Development consent under subclause (2) must not be granted after 5 years from the commencement of this clause.","sortOrder":169},{"sectionNumber":"8","sectionType":"section","heading":"Use of certain land at Darkwood Road, Thora","content":"#### 8 Use of certain land at Darkwood Road, Thora\n\n8 Use of certain land at Darkwood Road, Thora\n\n> > (1) This clause applies to land at Darkwood Road, Thora, being Lot 23, DP 755542.\n> \n> > (2) Development for the purpose of a dwelling house is permitted with consent.\n> \n> > (3) Development consent under subclause (2) must not be granted after 5 years from the commencement of this Plan.","sortOrder":173},{"sectionNumber":"9","sectionType":"section","heading":"Use of certain land at Waterfall Way, Thora","content":"#### 9 Use of certain land at Waterfall Way, Thora\n\n9 Use of certain land at Waterfall Way, Thora\n\n> > (1) This clause applies to land at 2233, 2237 and 2239 Waterfall Way, Thora, being Lots 6 and 7, DP 264514 and Lot 1, DP 416923.\n> \n> > (2) Development for the purpose of a dwelling house on each lot is permitted with consent.\n> \n> > (3) Development consent under subclause (2) must not be granted after 6 August 2015.","sortOrder":174},{"sectionNumber":"10","sectionType":"section","heading":null,"content":"#### 10\n\n10 (Repealed)","sortOrder":175},{"sectionNumber":"11","sectionType":"section","heading":"Use of certain land at Schnapper Beach Road, Urunga","content":"#### 11 Use of certain land at Schnapper Beach Road, Urunga\n\n11 Use of certain land at Schnapper Beach Road, Urunga\n\n> > (1) This clause applies to land at Schnapper Beach Road, Urunga, being the land shown as “Land at Schnapper Beach Road Urunga” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bellingen-local-environmental-plan-2010).\n> \n> > (2) Development for the purpose of not more than 3 dwelling houses is permitted with consent.\n> \n> > (3) Development consent under subclause (2) must not be granted after 5 years from the commencement of this Plan.","sortOrder":176},{"sectionNumber":"12","sectionType":"section","heading":"Use of certain land at Wollumbin Drive, Urunga","content":"#### 12 Use of certain land at Wollumbin Drive, Urunga\n\n12 Use of certain land at Wollumbin Drive, Urunga\n\n> > (1) This clause applies to 52 and 54 Wollumbin Drive, Urunga, being Lots 2 and 3, DP 271191.\n> \n> > (2) Development for the purpose of a dwelling house on each lot is permitted with consent.","sortOrder":177},{"sectionNumber":"13","sectionType":"section","heading":"Use of certain land at Darkwood Road, Darkwood","content":"#### 13 Use of certain land at Darkwood Road, Darkwood\n\n13 Use of certain land at Darkwood Road, Darkwood\n\n> > (1) This clause applies to Lot 2, DP 755542, 975 Darkwood Road, Darkwood.\n> \n> > (2) Development for the purposes of a single dwelling house is permitted with development consent.","sortOrder":178},{"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 2017 (653), Sch 1; 2022 (828), Sch 1.4\\[12\\]–\\[17\\]; 2023 (411), Sch 1\\[2\\]; 2024 (499), Sch 1\\[2\\].","sortOrder":179},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Access tracks and creek crossings","content":"#### sch.2-sec Access tracks and creek crossings\n\nAccess tracks and creek crossings\n\n> > (1) Must not be the principal driveway to a domestic garage or carport.\n> \n> > (2) Must not be in Zone C1, C2, C3, W1 or W2.\n> \n> > (3) Must only be for stock, pedestrian or vehicle movements within land held in the one ownership and for the purposes of normal property management and operation.\n> \n> > (4) Must not require cut or fill more than 600mm below or above ground level (existing).\n> \n> > (5) Must not involve the construction of a bridge or causeway or obstruct the flow of water.","sortOrder":180},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Dams (on Zones RU1, RU2, RU4 and E4)","content":"#### sch.2-sec-oc.2 Dams (on Zones RU1, RU2, RU4 and E4)\n\nDams (on Zones RU1, RU2, RU4 and E4)\n\n> > Must be authorised under the [Water Management Act 2000](/view/html/inforce/current/act-2000-092).","sortOrder":181},{"sectionNumber":"sch.2-sec-oc.3","sectionType":"section","heading":"Display and advertising of goods and services on footpaths","content":"#### sch.2-sec-oc.3 Display and advertising of goods and services on footpaths\n\nDisplay and advertising of goods and services on footpaths\n\n> > (1) This clause applies to the use of tables and other structures or items on a footpath adjoining a road in respect of which the Council is the roads authority under the [Roads Act 1993](/view/html/inforce/current/act-1993-033) for the purpose of displaying or advertising any goods or services for sale.\n> \n> > (2) The following applies to the use to which this clause applies—\n> > \n> > > (a) must relate to a lawful use of the land on which the goods or services are offered or advertised for sale,\n> > \n> > > (b) the table or other structure or item in use must be erected and located in accordance with the Footpath Activities Policy adopted by the Council on 27 September 2017,\n> > \n> > > (c) the goods or services must be displayed or advertised in accordance with the Footpath Activities Policy adopted by the Council on 27 September 2017.","sortOrder":182},{"sectionNumber":"sch.2-sec-oc.4","sectionType":"section","heading":"Farm buildings—other than stock holding yards, grain silos and grain bunkers","content":"#### sch.2-sec-oc.4 Farm buildings—other than stock holding yards, grain silos and grain bunkers\n\nFarm buildings—other than stock holding yards, grain silos and grain bunkers\n\n> Development that is exempt development under [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), Part 2, Division 1, Subdivision 16, if constructed or installed on land in Zone C4.","sortOrder":183},{"sectionNumber":"sch.2-sec-oc.5","sectionType":"section","heading":"Fuel tanks (on Zones RU1 or RU2)","content":"#### sch.2-sec-oc.5 Fuel tanks (on Zones RU1 or RU2)\n\nFuel tanks (on Zones RU1 or RU2)\n\n> > (1) Must not be on land subject to the discharge of a 1:100 ARI (average recurrent interval) flood event.\n> \n> > (2) Must not be on land identified on the [Natural Resources Sensitivity—Water Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bellingen-local-environmental-plan-2010) or the [Natural Resources Sensitivity—Biodiversity Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bellingen-local-environmental-plan-2010).\n> \n> > (3) Maximum size 1,500L.\n> \n> > (4) Must be above ground.\n> \n> > (5) Must be located at least 50m from any property boundary.\n> \n> > (6) Maximum height—3m.\n> \n> > (7) Must be constructed of prefabricated metal, free-standing and erected in accordance with manufacturer’s specifications.\n> \n> > (8) Must be kept in accordance with AS 1940–1993The storage and handling of flammable and combustible liquids.\n> \n> > (9) Must be clear from power lines in accordance with relevant electricity authority requirements.\n> \n> > (10) Only 1 per dwelling.","sortOrder":184},{"sectionNumber":"sch.2-sec-oc.6","sectionType":"section","heading":"Signage—general requirements","content":"#### sch.2-sec-oc.6 Signage—general requirements\n\nSignage—general requirements\n\n> > (1) Must not be on land subject to the discharge of a 1:100 ARI (average recurrent interval) flood event unless the sign is a temporary sign, a real estate sign or fixed to a building.\n> \n> > (2) Must advertise only businesses or events that are operating legally.\n> \n> > (3) Must be located on the land or premises to which the sign relates, unless it is a temporary sign and the consent of the owner of the property is obtained.\n> > \n> > Note.\n> > \n> > Sign erected on or over a public road requires consent under the [Roads Act 1993](/view/html/inforce/current/act-1993-033).\n> \n> > (4) Must not cover mechanical ventilation inlets or outlets.\n> \n> > (5) Must be of a professional standard and finish.\n> \n> > (6) Must not result in the total area of signage on a premises exceeding 5m2.\n> \n> > (7) All signs painted on windows must not be opaque and must not cover more than 3m2 per premises.\n> \n> > (8) Must not be located on any roof or above the line of any guttering, verandah or awning.\n> > \n> > Note.\n> > \n> > Signs on the fascia of the verandah or awning are included.\n> \n> > (9) Must not be attached to a tree.\n> \n> > (10) Must not cover more than 25% of any exterior wall.\n> \n> > (11) Must not be illuminated.\n> \n> > (12) Must not be suspended under an awning sign (unless in an employment zone) or a vertical or horizontal projecting wall sign.\n> \n> > (13) If a free standing structure, must not be higher than 1.8m.","sortOrder":185},{"sectionNumber":"sch.2-sec-oc.7","sectionType":"section","heading":"Signage—“A” frame signs on footpaths","content":"#### sch.2-sec-oc.7 Signage—“A” frame signs on footpaths\n\nSignage—“A” frame signs on footpaths\n\n> > (1) This clause applies to “A” frame signage that is located on a footpath adjoining a road in respect of which the Council is the roads authority under the [Roads Act 1993](/view/html/inforce/current/act-1993-033).\n> \n> > (2) The following applies to signage to which this clause applies—\n> > \n> > > (a) must relate to a lawful use of the land on which the sign is located,\n> > \n> > > (b) must be erected and located in accordance with the Footpath Activities Policy adopted by the Council on 27 September 2017,\n> > \n> > > (c) maximum of 1 per commercial premises,\n> > \n> > > (d) must be located on a section of the footpath adjoining the building to which the sign relates.","sortOrder":186},{"sectionNumber":"sch.2-sec-oc.8","sectionType":"section","heading":"Signage—business identification signs","content":"#### sch.2-sec-oc.8 Signage—business identification signs\n\nSignage—business identification signs\n\n> > (1) Must meet the general requirements for signage.\n> \n> > (2) Must only contain the name and occupation of the resident.\n> \n> > (3) Maximum of 1 per premises.\n> \n> > (4) Must be located on the premises to which the sign relates.\n> \n> > (5) Maximum area—0.75m2.\n> \n> > (6) Must not be on a heritage item or within a heritage conservation area.","sortOrder":187},{"sectionNumber":"sch.2-sec-oc.9","sectionType":"section","heading":"Signage—real estate signs","content":"#### sch.2-sec-oc.9 Signage—real estate signs\n\nSignage—real estate signs\n\n> > (1) Must meet the general requirements for signage.\n> \n> > (2) May involve a heritage item or be located within a conservation area.\n> \n> > (3) Must be located on the premises to which the sign relates.\n> \n> > (4) Maximum of 1 sign per agent, with a maximum of 4 signs per premises.\n> \n> > (5) Maximum area—\n> > \n> > > (a) in residential and rural zones—1.2m × 0.6m for a standard sign and 1.2m × 0.9m for an auction sign, or\n> > \n> > > (b) in Zone E4—2.5m2.\n> \n> > (6) Must not be attached to a tree.\n> \n> > (7) Must only be erected during the period for which the property is for sale or lease, except in the case of an auction sign, where the sign may be erected no more than four weeks before the auction date.\n> \n> > (8) Must not be displayed more than 7 days after contracts are exchanged for the sale of the premises or the premises are leased.","sortOrder":188},{"sectionNumber":"sch.2-sec-oc.10","sectionType":"section","heading":"Signage—suspended under awning signs in Zone E1","content":"#### sch.2-sec-oc.10 Signage—suspended under awning signs in Zone E1\n\nSignage—suspended under awning signs in Zone E1\n\n> > (1) Must meet the general requirements for signage.\n> \n> > (2) If over a public road, must be at least 600mm from kerb edge.\n> \n> > (3) If located within Zone E1 in Urunga, may be illuminated, but must not include flashing lights.\n> \n> > (4) Maximum of 1 per premises.\n> \n> > (5) Must not be closer than 3m to another under awning sign, whether on the same property or not.\n> \n> > (6) Maximum area—1.5m2.\n> \n> > (7) If it extends over a public road, must be suspended at a height not less than 2.6m above ground level.\n> \n> > (8) Any opening created must be weatherproofed.\n> \n> > (9) Must not be located on a street frontage elevation of the building.\n> \n> > (10) Must not be on a heritage item or within a heritage conservation area.","sortOrder":189},{"sectionNumber":"sch.2-sec-oc.11","sectionType":"section","heading":"Signage—temporary signs for social, cultural, political or recreational events (other than erected by the Council)","content":"#### sch.2-sec-oc.11 Signage—temporary signs for social, cultural, political or recreational events (other than erected by the Council)\n\nSignage—temporary signs for social, cultural, political or recreational events (other than erected by the Council)\n\n> > (1) Must meet the general requirements for signage.\n> \n> > (2) Must not be commercial advertising, but may name the event sponsor.\n> \n> > (3) Must not be displayed earlier than 28 days before the event or later than 7 days after the event.\n> \n> > (4) Must be safely constructed and securely fixed to prevent a nuisance or hazard.\n> \n> > (5) Must not be of a design (eg lettering size, style, number of words) or in a location that is a hazard to traffic.","sortOrder":190},{"sectionNumber":"sch.2-sec-oc.12","sectionType":"section","heading":"Subdivision of council public roads","content":"#### sch.2-sec-oc.12 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":191},{"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":192},{"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":195},{"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 2020 (445), cl 5(1).","sortOrder":196},{"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:** Subst 2011 (578), Sch 1 \\[5\\]. Am 2013 (435), Sch 1 \\[1\\]–\\[3\\]; 2024 (499), Sch 1\\[3\\].","sortOrder":200},{"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":204},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":206},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":208}],"analysis":{"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"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Compared with a baseline local zoning instrument focused simply on zoning and permitted uses, this version has materially broadened and detailed its scope over time. Additions include: express arts/cultural aims (clause 1.2), a specific protection for live music and performing arts (clause 5.20), detailed aquaculture regulation and operational rules (clause 5.19 and Schedule 6), climate‑aware flood planning that refers to recent guidelines/manuals (clause 5.21), community‑title and rural landsharing subdivisions (clauses 4.1AA and 7.11), and an explicit power to suspend private covenants to enable development in certain circumstances (clause 1.9A). The Plan now contains large, detailed heritage and archaeological schedules (Schedule 5) and many site‑specific, time‑limited permitted uses in Schedule 1. These layers extend the instrument from a basic zoning map into a detailed regulatory code addressing sectoral operations, environmental safeguards and specific property‑level entitlements — increasing regulatory reach, administrative discretion and technical compliance requirements (see clauses and Schedules cited)."},"complexity_factors":["Multiple interdependent maps: Land Zoning Map, Lot Size Map, Height of Buildings Map, Floor Space Ratio Map, Natural Resources Sensitivity maps and others (numerous cross-map references throughout the Plan).","Extensive Land Use Table covering ~15 zone categories with separate 'permitted without consent', 'permitted with consent', and 'prohibited' lists for each zone.","Many conditional subdivision rules and exceptions: clause 4.1, 4.1AA, 4.1AB, 4.1AC, 4.2, 4.2A and 4.2B (nested exceptions for strata/community schemes, boundary adjustments and rural scenarios).","Part 3 and Schedules 2–3 define exempt and complying development with site‑specific conditions and exclusions (including environmentally sensitive areas in clause 3.3).","Detailed, sector‑specific provisions: aquaculture (clause 5.19 and Schedule 6), intensive livestock (clause 5.18), caravan park redevelopment (clause 7.7), fisheries and water rules.","Comprehensive heritage and archaeological schedules (Schedule 5 includes hundreds of named items and areas) with separate consent, notification and management plan triggers (clause 5.10).","Multiple cross‑references to State instruments and other Acts (dozens of references to SEPPs, Local Government Act, Heritage Act, Fisheries Act, Crown Land Management Act, etc.).","Flexible discretion and record‑keeping requirements (e.g. 'satisfied' tests, clause 4.6 exceptions to standards, clause 5.3 boundary flexibilities), increasing interpretive complexity.","Numerous amendments over time noted in margins (many insertion, substitution and repeal notes), indicating layered vintage provisions and compatibility issues.","Schedules 1–6 contain targeted, time‑limited and site‑specific permissions and operational rules that refine or override general Land Use Table entries (site‑specific complexity)."],"plain_english_summary":"**What this plan does (mechanically)\n\n- Establishes the local land-use rules that apply across the Bellingen local government area. It does this by: (a) defining zones on the Land Zoning Map and listing the permitted, permitted-with-consent and prohibited uses for each zone (see clause 2.1–2.3 and the Land Use Table); (b) imposing key development standards such as minimum lot sizes (clause 4.1 and related clauses), building height (clause 4.3) and floor-space ratio (clause 4.4); (c) regulating exempt and complying development (Part 3 and Schedules 2–3) so some low‑impact work can proceed without full development consent; and (d) listing site-specific additional permitted uses, heritage items, public‑land classifications and detailed operational rules in Schedules 1, 4 and 5. The Council is the consent authority unless the Act says otherwise (clause 1.6).\n\n**Who this affects\n\n- Private landowners and prospective developers — the Plan controls what they can build, subdivide, demolish or operate on each parcel of land (zones, Lot Size Map, Height of Buildings Map, Floor Space Ratio Map and Schedule conditions). See clauses 2.2, 4.1, 4.3 and 4.4.\n- Local businesses and industry sectors — the Plan defines where retail, industrial, tourism, agriculture, aquaculture and commercial activities may operate and adds size limits and operational rules for many uses (Land Use Table; clause 5.4 for small-scale limits; Schedule 6 for aquaculture).\n- Residents and neighbours — controls on temporary uses (clause 2.8), earthworks (clause 7.2), flood planning (clause 5.21), biodiversity (clause 7.5) and heritage (clause 5.10) are designed to protect amenity and environmental values, and they shape the information applicants must provide.\n- Public authorities — the Plan records which State authority would acquire reserved land (clause 5.1), and preserves State policies and SEPPs that prevail where relevant (clause 1.9).\n- Owners of heritage items, Aboriginal cultural places and community groups — the Plan triggers specific consent and notification requirements for works affecting those values (clause 5.10).\n\n**Why it matters (practical effects)\n\n- It converts mapping and rules into real constraints and entitlements. For any parcel you need to check the zone, the maps (lot size, height, FSR, heritage, natural resources maps) and the Land Use Table to know whether a use is allowed, needs consent or is prohibited (clauses 2.2–2.3, relevant Maps and Schedules).\n- It determines subdivision outcomes: minimum lot sizes, strata/community title controls and a series of exceptions (clauses 4.1, 4.1AA, 4.1AB, 4.1AC, 4.2B) that can permit or prevent lot fragmentation and therefore affect land supply and future development rights.\n- It imposes environmental and heritage gates on development — e.g., acid sulfate soils management plans (clause 7.1), waterway and biodiversity considerations (clauses 7.4–7.5), flood planning and climate‑aware assessment (clause 5.21), and heritage assessments and notifications (clause 5.10).\n- It creates specific sector rules: aquaculture (clause 5.19 and Schedule 6) sets siting and operational rules; intensive livestock has thresholds (clause 5.18); limits on guest bedrooms, home‑business floor areas and retail areas (clause 5.4) set microeconomic constraints for small operators.\n\n**Stated purposes and how the Plan trades off costs and benefits\n\n- The Plan states aims including implementing local strategic planning, protecting arts/culture, identifying suitable land for development or protection, and promoting ecologically sustainable development (clause 1.2). Those aims are implemented by zoning, mapped controls and activity‑specific rules. Mechanically, achieving those aims imposes transaction and compliance costs on applicants: more studies, management plans and conditional consents (heritage reports, acid sulfate plans, flood risk measures, biodiversity assessments — see clauses 7.1, 5.10, 7.4–7.5, 5.21).\n\n- Incentives and opportunity costs: tight minimum lot sizes, heritage listings and environmental constraints limit opportunities to intensify or change use (clauses 4.1, Schedules 5 and clauses 7.4–7.5). That protects existing character and environmental values (the declared objective) at the cost of reduced development flexibility and potentially higher land prices or constrained housing supply in constrained locations.\n\n- Concentrated vs diffuse effects: many site‑specific entries in Schedule 1 and Schedule 5 create concentrated benefits for certain landowners (time‑limited additional permitted uses) and impose localized constraints on others (heritage/archaeological protections). The Plan also contains general sector rules (e.g. aquaculture, intensive livestock) that affect entire industries in the LGA.\n\n- Bureaucratic discretion and implementation risk: multiple clauses require the consent authority to be \"satisfied\" about matters (e.g. boundary changes 4.1AB(4), development near zone boundaries 5.3(4), heritage impacts 5.10(4)). Broad \"satisfaction\" tests plus numerous cross‑references to State policies and external guidelines increase the role of Council judgment and the risk of inconsistent application between applications.\n\n- Compliance burden: applicants may need specialist technical studies (geotechnical, heritage impact statements, acid‑sulfate management plans, flood risk and evacuation measures, biodiversity assessments) and may face conditions or covenants refusing \"double dipping\" on floor‑space (clause 4.5(9)). Those increase upfront cost and time to delivery.\n\n- Effects on private enterprise and market functioning: zoning and use limits allocate where businesses may operate (protecting local centre retail, restricting large industrial uses in many residential/rural zones). Size caps on neighbourhood shops, kiosks, home‑industry floorspace and industrial retail outlets (clause 5.4) constrain business scale and competition in local areas; likewise the music/entertainment protections (clause 5.20) limit one ground on which the Council can refuse consent for licensed premises, reducing regulatory uncertainty for live‑music venues but shifting the balance toward managing noise rather than refusing uses on artistic grounds.\n\n**Key operational points to check for any project**\n\n- Which zone, lot‑size, height and floor‑space rules apply (Maps + clauses 2.2, 4.1, 4.3, 4.4).\n- Whether the activity is listed as exempt, complying or permissible‑with‑consent (Part 3, Schedules 2–3, Land Use Table).\n- Whether the site triggers special local clauses (acid sulfate soils, heritage, biodiversity, waterway or flood planning — clauses 7.1, 5.10, 7.5, 7.4, 5.21).\n- Any additional, time‑limited permitted uses or site‑specific requirements in Schedule 1.\n\n(References in parentheses are to clauses and Schedules of the Bellingen Local Environmental Plan 2010.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":802},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as a standard local environmental plan. While it has been amended multiple times (as evidenced by amendment notes), these appear to be routine updates to zones, definitions, and specific provisions rather than fundamental expansion beyond the original scope of land use planning for Bellingen Shire."},"complexity_factors":["17 distinct land use zones with detailed objectives and prohibited/permitted uses for each","Extensive cross-referencing to external maps (Land Zoning Map, Lot Size Map, Height of Buildings Map, Floor Space Ratio Map, Heritage Map, Natural Resources Sensitivity Maps, Mineral Resource Area Map)","Multiple nested exceptions and savings provisions (clauses 4.1, 4.1AA, 4.1AB, 4.1AC, 4.2, 4.2A, 4.2B for subdivision and dwelling rules)","Schedule 1 contains 13 site-specific additional permitted uses with time limits and conditions","Schedule 5 lists 269 heritage items, 1 heritage conservation area, and 84 archaeological sites with detailed property descriptions","Clause 5.10 (heritage) has 10 subclauses with multiple notification requirements and conservation incentive provisions","Clause 5.18 (intensive livestock) has 7 subclauses with distance-based exclusion zones and capacity thresholds","Clause 5.19 (aquaculture) has complex zone-specific restrictions and references to external industry plans","Part 7 contains 11 local-specific provisions including acid sulfate soils, earthworks, water, biodiversity, and rural landsharing community development","Regular amendments noted throughout (e.g., \"Am 2022 (828), Sch 1.4[1]\") indicating evolving instrument"],"plain_english_summary":"This is the **Bellingen Local Environmental Plan 2010**, a planning rulebook that controls what can be built and done on land in the Bellingen Shire on the NSW Mid North Coast.\n\n**What it does:**\n- **Zones every parcel of land** into categories like Rural (RU1–RU4), Residential (R1, R5), Employment (E1, E4), Conservation (C1–C4), Recreation, and Waterways. Each zone has a \"Land Use Table\" saying what's allowed without approval, what needs council approval, and what's banned.\n- **Sets minimum lot sizes** for subdividing land, with special rules for rural areas, community title schemes, and boundary adjustments between existing lots.\n- **Controls building height and density** through maps showing maximum heights and \"floor space ratios\" (how much building you can squeeze onto a site).\n- **Protects heritage** by requiring approval to alter or demolish listed heritage items, conservation areas, and Aboriginal places.\n- **Manages environmental risks** including flooding, acid sulfate soils, waterway health, and biodiversity on sensitive land.\n- **Allows some small-scale development without approval** (exempt development) and fast-track approval for straightforward projects (complying development).\n- **Bans canal estate development** (artificial waterways with housing) entirely.\n- **Includes special rules** for intensive livestock, aquaculture, tourism in rural areas, and redevelopment of caravan parks to protect affordable housing.\n\n**Who it affects:**\n- Property owners, farmers, developers, and businesses in Bellingen Shire (towns including Bellingen, Urunga, Dorrigo, and surrounding rural areas).\n\n**Why it matters:**\n- It shapes the character of the region—protecting rural landscapes, environmental values, and heritage while allowing housing, industry, and tourism to develop in appropriate locations. It determines whether you can subdivide your land, build a dwelling, run a business, or protect a waterway."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"While the plan was originally made in 2010, its scope has materially evolved through more than 60 amendments over 15 years. These amendments have progressively altered zoning boundaries, land use permissions, development standards, and heritage listings, meaning the current version likely covers a broader and more refined set of land use controls than the original 2010 instrument. This is typical of LEPs in active local government areas responding to community, state policy, and development pressures over time."},"complexity_factors":["Standard instrument LEP format imposes a structured but extensive framework with multiple parts, clauses, and maps operating together","Zoning tables require cross-referencing multiple documents to determine what is permissible on any given parcel of land","Over 60 amendments since 2010 mean the current version is a heavily layered accumulation of changes, making it difficult to track the evolution of specific provisions","Interaction with state-level environmental planning policies (SEPPs) and the Environmental Planning and Assessment Act 1979 adds an additional layer of rules that can override or modify the LEP","Heritage, biodiversity, flood, and bushfire overlays create site-specific complexity beyond the base zoning rules","Only the status/timeline page was provided — the actual substantive provisions of the plan (zones, standards, maps) were not included in the text, limiting full analysis","Local geographic complexity of Bellingen Shire (mix of rural, coastal hinterland, heritage townships, and environmental land) generates diverse and nuanced planning controls"],"plain_english_summary":"The Bellingen Local Environmental Plan 2010 is the legally binding land‑use rulebook for Bellingen Shire. It sets zoning, development standards (lot sizes, heights, floor space), sensitive‑area protections (heritage, biodiversity, flood zones) and when a development application (DA) is needed.\n\nIt affects property owners, residents, developers, farmers and prospective buyers by determining what can be built, changed or subdivided on any parcel of land in the shire."}},"importantCases":[],"_links":{"self":"/api/acts/bellingen-local-environmental-plan-2010","history":"/api/acts/bellingen-local-environmental-plan-2010/history","analysis":"/api/acts/bellingen-local-environmental-plan-2010/analysis","conflicts":"/api/acts/bellingen-local-environmental-plan-2010/conflicts","importantCases":"/api/acts/bellingen-local-environmental-plan-2010/important-cases","documents":"/api/acts/bellingen-local-environmental-plan-2010/documents"}}