{"id":"nsw:epi-2011-0640","name":"Bogan Local Environmental Plan 2011","slug":"bogan-local-environmental-plan-2011","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"640 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181538,"registerId":"nsw-nsw:epi-2011-0640-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 [Bogan Local Environmental Plan 2011](/view/html/inforce/current/epi-2011-0640).","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> > RU3 Forestry\n> > \n> > RU5 Village\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> > E3 Productivity Support\n> > \n> > E4 General Industrial\n> \n> > Special Purpose Zones\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> > Waterway Zones\n> \n> > W2 Recreational Waterways\n> \n> **cl 2.1:** Am 2022 (832), Sch 1.3\\[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 2016 (168), Sch 1 \\[2\\]; 2017 (493), Sch 1.1 \\[1\\]; 2019 (137), Sch 6 \\[1\\]; 2022 (314), Sch 1; 2022 (832), Sch 1.3\\[2\\]; 2023 (458), Sch 2.10.\n\nZone RU1 Primary Production\n\nZone RU3 Forestry\n\nZone RU5 Village\n\nZone R1 General Residential\n\nZone R5 Large Lot Residential\n\nZone E1 Local Centre\n\nZone E3 Productivity Support\n\nZone E4 General Industrial\n\nZone SP2 Infrastructure\n\nZone RE1 Public Recreation\n\nZone RE2 Private Recreation\n\nZone C1 National Parks and Nature Reserves\n\nZone W2 Recreational Waterways","sortOrder":30},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Agritourism; Air transport facilities; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Cellar door premises; Cemeteries; Community facilities; Correctional centres; Depots; Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Freight transport facilities; Hazardous industries; Heavy industrial storage establishments; Helipads; Home businesses; Home industries; Home occupations (sex services); Industrial training facilities; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Mooring pens; Moorings; Offensive industries; Open cut mining; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Roadside stalls; Rural industries; Rural workers’ dwellings; Veterinary hospitals; Water recreation structures; Water supply systems","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":83},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":87},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":98},{"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/bogan-local-environmental-plan-2011) (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> When this Plan was made no land in the zones listed in the Table to subclause (2) were included on a [Land Reservation Acquisition Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bogan-local-environmental-plan-2011) (and, accordingly, such a map was not adopted).","sortOrder":99},{"sectionNumber":"Part 6","sectionType":"part","heading":"Urban release areas","content":"# Part 6 Urban release areas\n\nPart 6 Urban release areas","sortOrder":125},{"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 2019 (621), Sch 5\\[5\\]; 2023 (554), Sch 1.","sortOrder":126},{"sectionNumber":"Part 7","sectionType":"part","heading":"Additional local provisions","content":"# Part 7 Additional local provisions\n\nPart 7 Additional local provisions","sortOrder":130},{"sectionNumber":"7","sectionType":"section","heading":"Earthworks","content":"#### 7 Earthworks\n\n7.1 Earthworks\n\n> > (1) The objectives of this clause are as follows—\n> > \n> > > (a) to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land,\n> > \n> > > (b) to allow earthworks of a minor nature without requiring a separate development consent.\n> \n> > (2) Development consent is required for earthworks unless—\n> > \n> > > (a) the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or\n> > \n> > > (b) the earthworks are ancillary to other development for which development consent has been given.\n> \n> > (3) Before granting development consent for earthworks, the consent authority must consider the following matters—\n> > \n> > > (a) the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality of the development,\n> > \n> > > (b) the effect of the development on the likely future use or redevelopment of the land,\n> > \n> > > (c) the quality of the fill or the soil to be excavated, or both,\n> > \n> > > (d) the effect of the development on the existing and likely amenity of adjoining properties,\n> > \n> > > (e) the source of any fill material and the destination of any excavated material,\n> > \n> > > (f) the likelihood of disturbing relics,\n> > \n> > > (g) the proximity to and potential for adverse impacts on any waterway, drinking water catchment or environmentally sensitive area.\n> \n> Note.\n> \n> The [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), particularly section 86, deals with disturbing or excavating land and Aboriginal objects.","sortOrder":131},{"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(When this Plan was made this Schedule was blank)","sortOrder":141},{"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(When this Plan was made this Schedule was blank)","sortOrder":142},{"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":143},{"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":146},{"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)","sortOrder":147},{"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| Locality | Item name | Address | Property description | Significance | Item no |\n| Nyngan | Chinese graves and burner at Nyngan Cemetery | Cemetery Road | Lot 7041, DP 1020882 | State | I1 |\n| Nyngan | Nyngan Court House | Cobar Street | Lot 2, Section 31, DP 758802 | State | I2 |\n| Nyngan | Nyngan Railway Station | Pangee Street |  | Local | I3 |\n| Nyngan | Railway overhead footbridge and goods shed | Pangee Street |  | Local | I4 |","sortOrder":151},{"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":152},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":154},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":156},{"sectionNumber":"8","sectionType":"section","heading":"Flood liability","content":"#### 8 Flood liability\n\n8 Flood liability\n\n> Must be designed or constructed on land so that it will not be inundated by the discharge of a 1:100 ARI (average recurrent interval) flood event.","sortOrder":165},{"sectionNumber":"9","sectionType":"section","heading":"Species selection","content":"#### 9 Species selection\n\n9 Species selection\n\n> Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).","sortOrder":167},{"sectionNumber":"10","sectionType":"section","heading":"Pond design","content":"#### 10 Pond design\n\n10 Pond design\n\n> > (1) Must not require the construction of new ponds, water storages, dams or buildings.\n> \n> > (2) Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.\n> \n> > (3) Must be capable of preventing the escape of stock into natural waterbodies or wetlands.","sortOrder":168},{"sectionNumber":"11","sectionType":"section","heading":"Culture water","content":"#### 11 Culture water\n\n11 Culture water\n\n> Must use freshwater.","sortOrder":169}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The plan has been amended more than 40 times since its original commencement in December 2011, strongly indicating that its scope has evolved beyond the original intent — likely reflecting rezoning decisions, new permitted land uses, updated development standards, and alignment with changes to NSW state planning policy over 14 years."},"complexity_factors":["Operates under a layered legal framework — the plan itself sits beneath the state-level Environmental Planning and Assessment Act 1979 and must comply with the NSW Standard Instrument LEP template","Extensive amendment history — over 40 versions since 2011 means tracking what rule applies at a given point in time requires careful version selection","Zoning maps and land use tables (not shown in the extracted text) add a significant layer of complexity requiring cross-referencing between written provisions and spatial maps","Interaction with other planning instruments (state environmental planning policies, development control plans) that can override or supplement this plan","Technical planning and development standards (setbacks, floor space ratios, height limits) require specialist interpretation in context","Only metadata and version history were provided — the substantive legal provisions (zones, permitted uses, exceptions) are not visible in this extract, limiting full analysis"],"plain_english_summary":"The Bogan Local Environmental Plan 2011 is the legal land‑use rulebook for Bogan Shire (including Nyngan and Canbelego), determining what landowners, developers, businesses and farmers can do with land. \n\nIt zones land, sets development standards (heights, lot sizes), protects heritage and sensitive environments, controls subdivision and operates under the Environmental Planning and Assessment Act 1979; it has been amended over 40 times, most recently September 2025."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The instrument remains within the original scope of a local environmental plan for the Bogan area: zoning, development controls, environmental overlays, heritage protection and public land classification. Amendments over time have added or updated specific controls (for example clause 1.9A on suspension of covenants; additions referencing recent State SEPPs and updated technical guidelines) but these changes refine implementation rather than expand the Plan beyond its local land‑use planning purpose."},"complexity_factors":["Multiple mapped overlays and external maps required (Land Zoning Map, Lot Size Map, Terrestrial Biodiversity Map, Watercourse Map, Wetlands Map, Heritage Map, Land Reservation Acquisition Map) referenced throughout the Plan (cl. 1.7 and many clauses).","Large Land Use Table with many zone entries and different permitted/consent/prohibited listings across about 13 zone types (cl. 2.1; Land Use Table).","Extensive cross‑references to State environmental planning policies and other Acts (e.g. SEPPs, BASIX, Fisheries, Heritage, Rural Fires, Local Government Act), increasing dependency on external instruments (cl. 1.9, cl. 5.19, cl. 5.10, cl. 5.11, etc.).","Detailed conditional rules and nested exceptions for subdivision and dwelling entitlements in rural zones (clauses 2.6, 4.1, 4.2, 4.2A, 4.2B) including special tests like 'existing holding' definitions.","Exceptions to development standards with excluded standards and record‑keeping requirements (cl. 4.6) — layered discretionary tests and exclusions.","Heritage provisions with multi stage requirements (notification, management documents, conservation plans) and consultation duties (cl. 5.10, Schedule 5).","Sector‑specific regimes (aquaculture detailed in cl. 5.19 and Schedule 6; intensive livestock rules cl. 5.18) with technical site and operational requirements and capacity thresholds.","Special local rules (music protections cl. 5.20; suspension of covenants cl. 1.9A) that modify private rights or limit grounds for refusal in targeted ways.","Schedules and lists (Schedules 1–6) where some Parts are blank and others contain specific parcels and technical standards (Schedule 4 public land list; Schedule 5 heritage; Schedule 6 aquaculture).","Several clauses marked 'not adopted' or 'not applicable' and multiple amendment/reppeal annotations—adds interpretive complexity about which provisions currently operate."],"plain_english_summary":"**What this instrument is and who it affects**\n\n- This is the Bogan Local Environmental Plan (LEP). It sets the planning rules that apply to land in the Bogan local government area: what land is zoned for, what development is permitted, what needs council approval, and a set of local environmental controls. (See cl. 1.1, cl. 1.3.)\n\n- The primary decision‑maker under the Plan is the Council (the local council acts as the consent authority). (cl. 1.6)\n\n- The Plan affects landowners, prospective developers, businesses (including hospitality, industrial and agricultural operators), community groups, and public agencies with land in Bogan. It also affects neighbours and other third parties who may be impacted by development (e.g. through noise, stormwater, traffic or heritage impacts).\n\n\n**What the Plan does, mechanically**\n\n- Zoning and permitted uses: The Plan divides land into zones (for example RU1 Primary Production, R1 General Residential, E4 General Industrial, RE1 Public Recreation, W2 Recreational Waterways) and sets for each zone what is permitted without consent, what is permitted with consent, and what is prohibited. The zones and uses are listed in cl. 2.1–2.3 and the Land Use Table. (cl. 2.1–2.3)\n\n- Maps and numeric controls: The Plan relies on maps (Land Zoning Map, Lot Size Map, Terrestrial Biodiversity Map, Watercourse Map, Wetlands Map, Heritage Map, Land Reservation Acquisition Map and others) and these maps determine where particular rules apply (e.g. minimum lot sizes, biodiversity overlays). (cl. 1.7; multiple map references throughout.)\n\n- Development consent rules: Many types of development require development consent from Council (for example subdivisions, demolition, most dwellings), while minor works can be exempt or complying development if they meet standards in Schedule 2/3 or relevant State SEPPs. (cl. 2.6; cl. 2.7; Part 3.)\n\n- Subdivision and lot‑size controls: Minimum lot sizes are enforced for subdivisions shown on the Lot Size Map (cl. 4.1). There are targeted rural subdivision flexibilities (cl. 4.2), but also restrictions on creating lots that would allow additional dwellings in rural zones (cl. 4.2B, cl. 4.2A). Subdivision of land with secondary dwellings is constrained (cl. 2.6).\n\n- Environmental and infrastructure controls: The Plan requires assessment of stormwater management (cl. 7.3), terrestrial biodiversity (cl. 7.4), groundwater vulnerability (cl. 7.5), riparian areas (cl. 7.6), wetlands (cl. 7.7), flood planning (cl. 5.21) and essential services availability (cl. 7.9).  These controls are applied where mapped and must be satisfied before consent is granted.\n\n- Heritage protections: Development affecting listed heritage items, Aboriginal places, archaeological sites or areas in Schedule 5 or on the Heritage Map generally requires consent and may trigger heritage assessments, notifications and heritage conservation plans. (cl. 5.10; Schedule 5.)\n\n- Public land classification: The Plan reclassifies certain parcels of public land as operational or community land and lists specific properties in Schedule 4. (cl. 5.2; Schedule 4.)\n\n- Special local rules of note:\n  - Canal estate development is expressly prohibited. (cl. 2.9)\n  - Temporary uses are permitted by consent for up to 52 days in a 12‑month period subject to tests. (cl. 2.8)\n  - The Plan prevents councils refusing development of licensed premises on the basis of certain musical or performance features (limits grounds for refusal relating to music and dancing), provided noise can be managed to an acceptable level. (cl. 5.20)\n  - Clause 1.9A allows the Plan to displace private covenants and similar instruments to the extent necessary to allow development to proceed in accordance with the Plan, but excludes certain conservation, Crown and council covenants and rights. (cl. 1.9A)\n  - Clause 4.6 allows limited flexibility to vary development standards where an applicant demonstrates compliance would be unreasonable or unnecessary; some standards are expressly excluded from this flexibility. (cl. 4.6)\n\n\n**Stated aims (from the Plan) and the concrete mechanisms that pursue them**\n\n- The Plan states aims including protecting and promoting arts/cultural activities, conserving agricultural land, encouraging housing and employment, and promoting efficient public infrastructure. (cl. 1.2)\n\n- How the Plan implements those aims (mechanics):\n  - Protect agricultural land: minimum lot sizes (cl. 4.1), restrictions on new dwellings in rural zones (cl. 4.2B), and controls on rural subdivision (cl. 4.2) reduce fragmentation of farms.\n  - Encourage housing and services: residential and centre zones allow a range of dwelling types (Land Use Table, cl. 2.3) and urban release provisions (Part 6) require infrastructure and staging plans before intensive urban subdivision proceeds.\n  - Protect environmental values: mapped overlays trigger site‑specific environmental tests and consent conditions (cl. 7.3—7.7, cl. 5.21).  \n  - Support cultural activity: clause 5.20 restricts Council from refusing licensed venue development on specified music/entertainment grounds.\n\n\n**Practical effects, incentives and trade‑offs (who pays, who decides, and likely behaviour changes)**\n\n- Who decides: Council is the consent authority for most matters (cl. 1.6). For some matters the Plan requires consultation with State or Commonwealth bodies (for example airport airspace issues, cl. 7.8) or the Director‑General for infrastructure arrangements in urban release areas (cl. 6.1).\n\n- Who pays / bears costs:\n  - Applicants and developers bear compliance costs: preparing statements of environmental effects, heritage management documents, biodiversity/groundwater/ flood risk assessments, and infrastructure contributions or providing services where required (see cl. 5.19, cl. 5.10, cl. 5.21, Part 6, cl. 7.9).\n  - Landowners in mapped conservation/biodiversity/wetland areas face additional constraints that can reduce development potential and thus future sale or subdivision value.\n  - Neighbouring landowners and the community bear monitoring and enforcement costs indirectly (through Council resourcing) and may bear amenity impacts if the Plan restricts refusal grounds (e.g. music at licensed premises) and noise is only required to be managed, not prohibited (cl. 5.20).\n\n- Behavioural incentives and likely adjustments:\n  - Developers will target land where minimum lot size, biodiversity, flood and heritage constraints are absent or easier to satisfy; this may concentrate development in particular areas identified on the maps.\n  - The minimum lot‑size and dwelling restrictions in rural zones make subdivision for residential profit less attractive, preserving larger agricultural holdings (cl. 4.1, cl. 4.2B). That reduces supply of small rural residential lots, which can support higher rural land values but constrains housing options in rural locations.\n  - Clause 1.9A (suspension of certain private covenants to the extent necessary to allow Plan‑consistent development) reduces the enforceability of private restrictions that would otherwise prevent development — this increases the ability of developers/landowners to obtain consent under the Plan but narrows private contract security (cl. 1.9A).\n  - The music provision (cl. 5.20) lowers the regulatory risk for licensed venues that want live/amplified music, which may encourage hospitality investment; it limits the scope for Council to refuse venue proposals on specified stylistic or performance‑related grounds, shifting emphasis to noise management obligations.\n\n- Trade‑offs and opportunity costs:\n  - Preserving farm sizes and protecting biodiversity imposes an opportunity cost in terms of forgone residential/industrial subdivision revenue. Those benefits are concentrated (farmers and conservation outcomes) while costs are diffuse (potential buyers, some developers).\n  - Removing or suspending private covenants (cl. 1.9A) can reduce transaction costs for development but imposes a cost on parties who relied on those covenants to protect property values or amenity.\n  - The Plan centralises discretion with Council and relies on a range of external plans/guidelines (BASIX, State SEPPs, Considering Flooding guideline, aquaculture plans), which creates administrative complexity for applicants and creates implementation risk where State instruments change.\n\n\n**Compliance burden and discretionary scope**\n\n- The Plan creates multiple assessment triggers: mapped overlays, heritage items, flood risk, biodiversity, groundwater vulnerability, airspace penetration near Nyngan Airport (cl. 7.8), intensive livestock thresholds (cl. 5.18) and aquaculture requirements (cl. 5.19 and Schedule 6). Each mapped overlay typically requires additional technical studies and may generate conditions on consent.\n\n- Council has discretion in many places (for example granting consent under cl. 4.6 to vary development standards, requiring heritage or environmental management documents under cl. 5.10). Discretion increases administrative burden and creates uncertainty for applicants.\n\n\n**Concentrated benefits, diffuse costs, capture and substitution risks (mechanisms, not labels)**\n\n- Concentrated benefits: landowners able to develop within the zoning rules (or who hold heritage or operational parcels listed in schedules) capture the direct benefits of permitted uses or reclassification (Schedule 4 lists specific properties). Operators of licensed premises benefit from reduced refusal grounds under cl. 5.20.\n\n- Diffuse costs: potential homebuyers, residents seeking new housing supply, and smaller developers may face reduced opportunities in rural areas due to minimum lot sizes and dwelling controls.\n\n- Substitution effects: developers may substitute activity to zones and sites with fewer overlay constraints or to complying/exempt pathways where possible (noting some exempt/complying items rely on State SEPPs rather than local schedules). The Plan’s cross‑references to State policies mean applicants often shift approaches to rely on State SEPP pathways.\n\n\n**Implementation risks and monitoring**\n\n- Reliance on external maps and State policies means updates by State agencies can change how the Plan operates in practice; applicants must monitor map and SEPP changes.\n\n- The Plan requires Council to keep records where standards are varied (cl. 4.6(4)) and to consult or notify bodies for heritage and airspace matters (cl. 5.10 and cl. 7.8), which implies ongoing administration and inter‑agency coordination.\n\n\n**Bottom line (mechanics, not judgement)**\n\n- The Bogan LEP is a comprehensive local zoning and controls instrument for development in Bogan. It defines zones and uses, enforces minimum lot sizes and environmental overlays, sets heritage protections, classifies public land, and contains a number of local rules (e.g. prohibition on canal estates, music protections for licensed premises, suspension of some private covenants). Council is the primary decision‑maker; applicants face technical assessment, mapping checks and potential conditions to get consent. The Plan’s measures prioritise maintaining agricultural lot sizes and environmental values while providing pathways for a variety of residential, industrial and commercial development where appropriate (see cl. 1.2; cl. 4.1; cl. 7.3–7.7)."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":1918},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains within its original scope as a local environmental planning instrument. It follows the standard NSW LEP template, covering land use zoning, development standards, and local environmental protections appropriate for a rural shire. The inclusion of specific provisions for aquaculture, intensive agriculture, and the Nyngan Airport reflects local conditions rather than mission creep."},"complexity_factors":["Multiple interlocking zones (12 distinct zones) with conditional use permissions","Extensive cross-referencing to State Environmental Planning Policies (SEPPs) and external documents (e.g., Building Code of Australia, Flood Risk Management Manual)","Multiple conditional clauses with nested exceptions (e.g., clause 4.6 on exceptions to development standards excludes certain zones and specific standards)","Reference to multiple statutory maps (Land Zoning Map, Lot Size Map, Heritage Map, Terrestrial Biodiversity Map, etc.) that are updated separately from the text","Detailed technical requirements for specific industries (aquaculture, intensive livestock agriculture) with site location and operational requirements in Schedule 6","Savings and transitional provisions (clause 1.8A) creating parallel assessment pathways for existing applications","Heritage provisions (clause 5.10) with multiple assessment triggers and consultation requirements (Heritage Council, Aboriginal communities)","Standard instrument template includes 'not adopted' and 'not applicable' clauses creating structural redundancy"],"plain_english_summary":"**What this is:**\nThis is the main planning rulebook for Bogan Shire Council (western NSW, covering towns like Nyngan and surrounding rural areas). It tells landowners and developers what they can build, where they can build it, and what approvals they need.\n\n**How it works:**\nThe Plan divides the shire into **zones** (categories of land use):\n*   **Rural zones** (Primary Production, Forestry, Village)\n*   **Residential zones** (General Residential, Large Lot Residential)\n*   **Employment zones** (Local Centre, Productivity Support, General Industrial)\n*   **Special zones** (Infrastructure, Public Recreation, National Parks, Recreational Waterways)\n\nFor each zone, a **Land Use Table** specifies whether particular developments (like houses, shops, factories, or farms) are:\n*   **Permitted without consent** – can proceed without council approval (e.g., home occupations in many zones)\n*   **Permitted with consent** – requires council approval (e.g., dwelling houses, most commercial uses)\n*   **Prohibited** – not allowed (e.g., heavy industry in residential areas)\n\n**Key rules and protections:**\n*   **Rural land protection:** Strict minimum lot sizes prevent farmland from being broken into small, unviable blocks. Special rules allow \"rural workers' dwellings\" for farm employees, but generally prevent new houses on small rural lots unless replacing existing lawful dwellings.\n*   **Heritage:** Protects local heritage items including the Nyngan Court House, Chinese graves at the cemetery, and the railway station. Demolition or changes to these require specific consent.\n*   **Environment:** Special protections for waterways, wetlands, groundwater, and areas of high biodiversity. Development must avoid or minimise impacts on these areas.\n*   **Flood planning:** Development in flood-prone areas must be compatible with flood behaviour and not increase risks to neighbours.\n*   **Specific use controls:** Caps on sizes for bed & breakfast accommodation (max 5 bedrooms), home businesses (max 100 sqm), and neighbourhood shops (max 200 sqm retail area).\n*   **Music and entertainment:** Councils cannot refuse consent for licensed premises based on the genre of music, whether it's live or amplified, or the presence of a dance floor (though noise must still be managed).\n*   **Nyngan Airport:** Protects flight paths by requiring consultation with Commonwealth aviation authorities if buildings would penetrate airspace limits.\n\n**Who it affects:**\nAnyone owning or developing land in Bogan Shire—farmers, homeowners, businesses, and developers. It also affects public authorities managing Crown land, infrastructure, and heritage sites."}},"importantCases":[],"_links":{"self":"/api/acts/bogan-local-environmental-plan-2011","history":"/api/acts/bogan-local-environmental-plan-2011/history","analysis":"/api/acts/bogan-local-environmental-plan-2011/analysis","conflicts":"/api/acts/bogan-local-environmental-plan-2011/conflicts","importantCases":"/api/acts/bogan-local-environmental-plan-2011/important-cases","documents":"/api/acts/bogan-local-environmental-plan-2011/documents"}}