{"id":"nsw:epi-2013-0506","name":"Broken Hill Local Environmental Plan 2013","slug":"broken-hill-local-environmental-plan-2013","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"506 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181255,"registerId":"nsw-nsw:epi-2013-0506-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 [Broken Hill Local Environmental Plan 2013](/view/html/inforce/current/epi-2013-0506).","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> > RU2 Rural Landscape\n> \n> > Residential Zones\n> \n> > R1 General Residential\n> \n> > Employment Zones\n> \n> > E1 Local Centre\n> > \n> > E4 General Industrial\n> \n> > Mixed Use Zones\n> \n> > MU1 Mixed Use\n> \n> > Special Purpose Zones\n> \n> > SP1 Special Activities\n> > \n> > SP2 Infrastructure\n> > \n> > SP3 Tourist\n> \n> > Recreation Zones\n> \n> > RE1 Public Recreation\n> > \n> > RE2 Private Recreation\n> \n> > Conservation Zones\n> \n> > C2 Environmental Conservation\n> > \n> > C4 Environmental Living\n> \n> **cl 2.1:** Am 2022 (828), Sch 1.5\\[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\\] \\[5\\]; 2017 (493), Sch 1.1 \\[1\\]; 2019 (137), Sch 6 \\[1\\]; 2022 (314), Sch 1; 2022 (828), Sch 1.5\\[2\\]; 2023 (458), Sch 2.13.\n\nZone RU2 Rural Landscape\n\nZone R1 General Residential\n\nZone E1 Local Centre\n\nZone E4 General 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 C2 Environmental Conservation\n\nZone C4 Environmental Living","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; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Community facilities; Depots; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Freight transport facilities; Helipads; Home businesses; Home industries; Home occupations (sex services); Industrial training facilities; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Landscaping material supplies; 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":79},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":83},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":92},{"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/broken-hill-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> > \n> > Note.\n> > \n> > When this Plan was made it did not include all of these zones.\n> \n> > (3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.","sortOrder":93},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":119},{"sectionNumber":"6","sectionType":"section","heading":"Earthworks","content":"#### 6 Earthworks\n\n6.1 Earthworks\n\n> > (1) The objective of this clause is 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> > (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 development that is permitted without consent under this Plan or to development for which development consent has been given.\n> \n> > (3) Before granting development consent for earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters—\n> > \n> > > (a) the likely disruption of, or any detrimental effect on, 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> > > (h) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.\n> \n> Note.\n> \n> The [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), particularly section 86, deals with harming Aboriginal objects.","sortOrder":120},{"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 (698), cl 4 (1); 2016 No 27, Sch 2.5; 2017 (21), cl 5.","sortOrder":124},{"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 (828), Sch 1.5\\[7\\]–\\[10\\].","sortOrder":128},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Advertisements and advertising structures","content":"#### sch.2-sec Advertisements and advertising structures\n\nAdvertisements and advertising structures\n\n> > (1) Content must relate to lawful use of premises on which sign is located.\n> \n> > (2) If located on land in a residential zone, must not be illuminated.\n> \n> > (3) Maximum area—\n> > \n> > > (a) if located on land in Zone RU2, R1 or C4—0.75m2, or\n> > \n> > > (b) if located on land in Zone E1 or MU1—15% of the front elevation of the building on which it is displayed, or\n> > \n> > > (c) if located on land in Zone E4—5m2, or\n> > \n> > > (d) if located on land in any other zone—2.5m2.\n> \n> > (4) Maximum height (signs other than under awning signs above public roads)—\n> > \n> > > (a) 3m above ground level (existing), or\n> > \n> > > (b) the height of the underside of any awning,\n> > \n> > whichever is the greater.\n> \n> > (5) Minimum clearance for under awning signs above public roads—2.7m above ground level (existing).\n> \n> > (6) Internal signs Must not be visible from outside the site on which it is located.","sortOrder":129},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Real estate signs advertising sale or lease of premises","content":"#### sch.2-sec-oc.2 Real estate signs advertising sale or lease of premises\n\nReal estate signs advertising sale or lease of premises\n\n> > (1) Maximum area—\n> > \n> > > (a) 2.5m2 on land in a conservation zone, or\n> > \n> > > (b) 4m2 on land in any other zone.\n> \n> > (2) Must not be displayed for longer than 14 days after the date of sale or lease of the premises.\n> \n> > (3) Maximum 2 signs per premises.","sortOrder":130},{"sectionNumber":"sch.2-sec-oc.3","sectionType":"section","heading":"Signs behind glass line of shop window","content":"#### sch.2-sec-oc.3 Signs behind glass line of shop window\n\nSigns behind glass line of shop window\n\n> If located on land in a residential zone, must not be illuminated.","sortOrder":131},{"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":132},{"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":135},{"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":136},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Environmental heritage","content":"# Schedule 5 Environmental heritage\n\nSchedule 5 Environmental heritage\n\n(Clause 5.10)","sortOrder":140},{"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":143},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":145},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":147},{"sectionNumber":"7","sectionType":"section","heading":"Conservation exclusion zones","content":"#### 7 Conservation exclusion zones\n\n7 Conservation exclusion zones\n\n> > (1) Must not be carried out on the following land, except to the extent necessary to gain access to water—\n> > \n> > > (a) land declared an area of outstanding biodiversity value under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063),\n> > \n> > > (b) vacant Crown land,\n> > \n> > > (c) land within a wetland of international significance declared under the Ramsar Convention on Wetlands.\n> \n> Note.\n> \n> Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.","sortOrder":155},{"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":156},{"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":158},{"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":159},{"sectionNumber":"11","sectionType":"section","heading":"Culture water","content":"#### 11 Culture water\n\n11 Culture water\n\n> Must use freshwater.","sortOrder":160}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Plan remains a local environmental plan with the original core purpose — to set zoning and land‑use controls for Broken Hill (cl 1.2). However, later amendments have added provisions that broaden operational scope beyond basic zoning rules. Notable additions include:\n\n- Clause 1.9A (added via 2019 amendment): a power to suspend certain private covenants, agreements or similar instruments to enable development that accords with the Plan. That provision alters the balance between private restrictive instruments and statutory planning permission (cl 1.9A(1)–(3)).\n\n- Clause 5.20 (added in later amendments): explicit limits on refusing consent to licensed premises on the grounds of music characteristics and a restriction on refusing on noise grounds where noise can be managed (cl 5.20). This introduces a sector‑specific protection (live music/licensed venues) not present in earlier, more generic LEP texts.\n\n- Schedule and clause additions over time have added detailed local controls (for example, specific additional permitted uses in Schedule 1 and expanded exempt/compliant development entries in Schedule 2) and increased the granularity of the Plan’s application to particular parcels.\n\nThese amendments do not change the Plan’s overall purpose (local planning control), but they extend its operational reach: (a) by creating a statutory override in limited circumstances to some private legal restraints (cl 1.9A), and (b) by protecting particular economic/cultural activities (live music/licensed premises) from certain refusal grounds (cl 5.20). The cumulative effect is a modest expansion of the Plan’s scope from simple zoning and development controls to also mediate private contractual barriers and to supply sector‑specific protections."},"complexity_factors":["Large Land Use Table covering 12 named zones with different permitted/prohibited uses and zone objectives (cl 2.1, cl 2.3, Land Use Table).","Extensive Schedule 5: hundreds of individually listed heritage items and multiple heritage conservation areas requiring item‑specific rules and potential heritage management documents (cl 5.10, Schedule 5).","Cross‑references to numerous State Acts, SEPPs and external instruments (BASIX, Building Code, Fisheries/Aquaculture regulation, Flood Risk Management Manual, multiple Acts cited throughout) increasing external dependencies (cl 1.9, cl 3.1, cl 5.19, cl 5.21 etc.).","Multiple maps that determine zoning, lot size, heritage and special overlays; map amendments allowed and maps maintained electronically (cl 1.7, cl 2.2, cl 4.1).","Conditional and discretionary provisions with nested qualifications (e.g. exceptions to development standards cl 4.6 with excluded standards, consent authority record‑keeping requirements, and rural subdivision exceptions cl 4.2).","Several clauses are ‘not adopted’ or ‘not applicable’, adding conditional reading paths and potential confusion (multiple cl arks in Part 4 and elsewhere marked [Not adopted]).","Specific local controls and thresholds (eg. bed & breakfast max 4 rooms, home business/industry 100 m2, neighbourhood shop 200 m2, neighbourhood supermarket 1,000 m2) add many numerical limits (cl 5.4).","Special purpose clauses with procedural steps and mandatory consultations (airspace at cl 6.3; heritage consultation and notification requirements at cl 5.10)."],"plain_english_summary":"**What this instrument does (mechanics)**\n\n- Establishes local land-use rules that apply to the Broken Hill local government area. It does this by:\n  - setting the zones that apply to every parcel of land (for example RU2, R1, E1, E4, MU1, SP1, SP2, SP3, RE1, RE2, C2, C4) (cl 2.1–2.2);\n  - attaching a Land Use Table that lists objectives for each zone and what development is permitted without consent, permitted only with development consent, or prohibited (cl 2.3 and the Land Use Table);\n  - requiring development consent for many activities (for example subdivision (cl 2.6), demolition (cl 2.7), earthworks (cl 6.1)) and identifying limited categories of exempt or complying development (Part 3, cl 3.1–3.2 and Schedules 2–3);\n  - prescribing development standards and controls such as minimum lot sizes (cl 4.1), controls on secondary dwellings and dual occupancies in rural/conservation zones (cl 4.2A), and specific controls on uses such as bed & breakfast, home businesses, industrial retail outlets, neighbourhood shops (cl 5.4);\n  - protecting heritage by requiring consent for demolition, alteration, excavation or subdivision affecting listed heritage items or areas and allowing the consent authority to require heritage assessments or conservation plans (cl 5.10 and Schedule 5);\n  - managing particular local matters: temporary uses (cl 2.8), prohibition of canal estates (cl 2.9), eco‑tourist facility standards (cl 5.13), flood‑planning considerations (cl 5.21), airspace/airport operations (cl 6.3), and location criteria for sex services premises (cl 6.4);\n  - identifying additional permitted uses for particular parcels (Schedule 1) and listing exempt and complying development categories and their limits (Schedules 2–3);\n  - recording maps that fix zoning, lot sizes and heritage areas (Land Zoning Map, Lot Size Map, Heritage Map, Additional Permitted Uses Map, Land Reservation Acquisition Map, Obstacle Limitation Surface Map) and making those maps publicly available (cl 1.7, cl 2.2, cl 4.1, Schedule references).\n\n- The consent authority under the Plan is the Council (cl 1.6). Development applications are assessed against the Plan, other applicable State environmental planning policies (SEPPs) and the Environmental Planning and Assessment Act and Regulations (see cl 1.9).\n\n**Who is affected**\n\n- Property owners and prospective developers in Broken Hill: their ability to build, subdivide, demolish, change use, or carry out other works depends on the zone, the Land Use Table, and specific controls in the Plan (see Part 2, Part 4, Part 6 and relevant Schedules).\n- The Council: acts as consent authority and must apply and enforce the Plan; it also decides on classification or reclassification of public land (cl 5.2) and enforces heritage, environmental and development conditions.\n- Operators of licensed premises and live‑music venues: the Plan contains a specific restriction on refusing consent on the basis of music‑related characteristics (cl 5.20).\n- Owners of heritage items and land in heritage conservation areas: stricter rules apply where work would affect heritage significance (cl 5.10 and Schedule 5 lists items and conservation areas).\n- Public authorities and Crown bodies: several provisions preserve Crown uses and set out consultation (for example airport/airspace consultation at cl 6.3, and that Crown buildings/uses are not restricted by the Plan at cl 5.12).\n- Neighbouring landholders and the local community: many clauses (earthworks, intensive livestock thresholds, flood planning, location of sex‑services premises) exist to manage amenity, environment and risks.\n\n**Why it matters (policy effects and trade-offs, stated purpose vs practical impact)**\n\n- The Plan is the local legal framework that determines what can and cannot be done with land in Broken Hill. It operationalises the stated aims (to support arts and cultural activity, sustainable economic growth, employment retention, mining heritage, natural and built heritage protection, housing variety and tourism) (cl 1.2).\n\n- Constraints and incentives:\n  - Zoning plus the Land Use Table constrains property use but creates predictability: owners know the baseline permitted/prohibited uses (cl 2.3, Land Use Table).\n  - Requiring development consent for subdivision, demolition and many other activities centralises decision‑making with the Council (cl 2.6–2.7, Part 4, Part 6); this imposes transaction and compliance costs on applicants (fees, studies, time) but gives the Council discretion to manage local outcomes.\n  - Heritage protections (cl 5.10 and Schedule 5) provide concentrated benefits to heritage conservation stakeholders but create costs and opportunity costs for owners who must obtain consent, may have to prepare heritage management documents, or face limits on redevelopment.\n  - The Plan protects live music/licensed venues from being refused consent on narrow music‑style grounds (cl 5.20). That reduces a particular regulatory ground for refusal and shifts decision‑making onto whether noise can be managed acceptably, rather than on the content or form of music — this changes the consent authority’s assessment focus but does not remove noise management obligations (cl 5.20(2)).\n  - The clause permitting suspension of private covenants, agreements or similar instruments to enable development consistent with the Plan (cl 1.9A) can reduce enforceable private restrictions in some cases; the clause expressly excludes covenants imposed by Council and a number of protected conservation instruments (cl 1.9A(2)–(3)). This creates a mechanism by which statutory planning permission can override some private restraints, which lowers the effective legal barriers to development in some circumstances but preserves specific conservation and Crown interests.\n  - The Exceptions to development standards clause (cl 4.6) gives the consent authority a path to approve departures from development standards if the applicant demonstrates compliance is unreasonable or unnecessary, and there are sufficient planning grounds. This is a discretionary flexibility point that requires documented reasoning and record keeping (cl 4.6(3)–(4)).\n\n- Implementation and compliance risks:\n  - The Plan cross‑references many State instruments (SEPPs, BASIX, Building Code, Fisheries/Environment legislation) and relies on several external maps and guidelines (cl 1.9, cl 5.21, cl 1.7). Applicants must check multiple documents; administrative complexity and scope for error are non‑trivial.\n  - The Plan leaves significant discretionary judgements to the Council (heritage assessments, flood compatibility, compatibility on zone boundaries, exceptions to standards). That produces case‑by‑case outcomes and potential uncertainty for applicants.\n  - Map‑based controls (zoning, lot sizes, heritage areas, airspace surfaces) mean that small mapping errors or later map updates can materially change rights. The Plan anticipates amended/replaced maps (cl 1.7) and requires public access arrangements.\n\n- Concentrated benefits / diffuse costs and capture risk:\n  - Heritage listing and special permitted uses grant concentrated protections and benefits to heritage and cultural stakeholders (Schedule 5, cl 5.10; cl 1.2 aims aa: arts and cultural activity). These protections impose costs on individual landowners who hold listed properties through extra consent requirements and possible conservation obligations.\n  - The suspension of covenants (cl 1.9A) and exceptions to standards (cl 4.6) create opportunities for particular developers to obtain approvals that private contractual restraints or strict standards might otherwise prevent; this concentrates benefit potential and creates a need for transparent decision records to minimise perceptions of preferential treatment.\n\n**What to watch for in practice**\n\n- Developers must check the relevant maps (zoning, lot size, heritage) before committing to purchase or design (cl 1.7, cl 2.2, cl 4.1, Schedule 5).\n- Heritage matters often require pre‑application heritage assessments or conservation plans and may trigger statutory consultation (cl 5.10(5)–(9)).\n- Proposals near the Broken Hill Airport that penetrate defined airspace surfaces require consultation with the relevant Commonwealth body and may be refused if the Commonwealth objects (cl 6.3).\n- Applicants seeking to rely on the “exceptions to standards” pathway should prepare the supporting document required by the regulations and expect the Council to keep a record of the assessment (cl 4.6(3)–(4)).\n- The Plan references multiple State policies and Acts; compliance is not determined by the LEP alone (cl 1.9, notes throughout).\n\n**Key clauses to reference quickly**: Aims (cl 1.2); zones and Land Use Table (cl 2.1–2.3); subdivision and demolition consent (cl 2.6–2.7); exempt/complying development (cl 3.1–3.2 and Schedules 2–3); minimum lot sizes (cl 4.1); exceptions to development standards (cl 4.6); heritage (cl 5.10 and Schedule 5); suspension of covenants (cl 1.9A); standards that cannot be used to refuse consent for music (cl 5.20); airport airspace consultation (cl 6.3)."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2624},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Plan remains focused on its original purpose of land use planning for the Broken Hill local government area. While it has been amended multiple times since 2013 (as evidenced by amendment notes referencing changes in 2016, 2017, 2018, 2019, 2022, and 2023), these appear to be standard updates to zones, heritage listings, and operational details rather than a fundamental expansion beyond environmental planning and development control. The inclusion of extensive heritage schedules and specific local provisions (e.g., for mining areas) aligns with the stated aims of protecting cultural heritage and acknowledging the region's mining significance."},"complexity_factors":["11 distinct land use zones (e.g., RU2 Rural Landscape, E4 General Industrial, C2 Environmental Conservation) each with specific objectives and lists of permitted, prohibited, and consent-required uses.","Extensive heritage schedule (Schedule 5) listing over 400 individual heritage items and four heritage conservation areas, each with specific protection requirements.","Multiple cross-references to external legislation and planning instruments, including State Environmental Planning Policies (SEPPs), the Building Code of Australia, the Heritage Act 1977, and the Fisheries Management Act 1994.","Conditional logic and nested exceptions throughout, particularly in clauses dealing with exempt development (Schedule 2), rural subdivision (clause 4.2), and exceptions to development standards (clause 4.6).","Presence of 'not adopted' and 'not applicable' clauses (e.g., clauses 4.3, 4.4, 4.5, 5.6, 5.7, 5.9, 5.14, 5.15, 5.22–5.25) indicating a standard template structure where certain provisions are reserved but inactive, adding navigational complexity.","Technical operational requirements for specialized uses such as pond-based aquaculture and intensive livestock agriculture (clauses 5.18–5.19, Schedule 6), including species selection, discharge limits, and setback distances.","Multiple defined terms referenced in a Dictionary (clause 1.4) but not reproduced in the provided text, requiring external reference to interpret specific terms like 'secondary dwelling' or 'extensive agriculture'."],"plain_english_summary":"**What this is:**\nThis is the rulebook that controls how land can be used and developed in Broken Hill, New South Wales. It is a type of planning law called a *Local Environmental Plan* (LEP). It applies to all land shown on the official maps that accompany the Plan.\n\n**Who it affects:**\nAnyone who wants to build, subdivide, demolish, or change the use of property in Broken Hill—including homeowners, businesses, miners, farmers, and developers. The local Council (Broken Hill City Council) uses this Plan to decide whether to approve development applications.\n\n**What it does:**\n*   **Divides land into zones:** It puts every property into a category—such as *General Residential*, *General Industrial*, *Rural Landscape*, or *Environmental Conservation*—each with its own rules about what activities are allowed. For example, factories are allowed in industrial zones but generally prohibited in residential zones.\n*   **Sets development rules:** It specifies what needs approval (*development consent*) and what does not. Some minor work (like certain fences or signs) is *exempt* (no approval needed). Some straightforward projects qualify as *complying development* (fast-track approval).\n*   **Protects heritage:** It lists hundreds of heritage items (Schedule 5)—including historic buildings like the Palace Hotel, old mine headframes, and the Broken Hill Mosque—and sets rules to protect them. Any changes to these places generally require Council approval.\n*   **Controls subdivision:** It sets minimum lot sizes for breaking up land, preventing lots from becoming too small to be practical.\n*   **Includes special protections:** It has specific rules for unique local issues—such as protecting the \"dark sky\" near the Siding Spring Observatory (though not currently adopted), managing flood risks, regulating intensive livestock farming to avoid smells and pollution, and ensuring airport safety by controlling building heights near flight paths.\n*   **Balances mining and culture:** The Plan acknowledges Broken Hill's mining history and aims to support arts, culture, and tourism (including eco-tourism) while encouraging sustainable economic growth.\n\n**Why it matters:**\nThis Plan shapes what Broken Hill looks like and how it functions. It tries to balance economic development (including mining and tourism) with protecting the outback environment, managing scarce water resources, preserving the city's unique heritage, and ensuring new housing meets community needs. If you want to build a house, open a business, run a farm, or develop a mine, this document determines what is possible and what hoops you must jump through."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"While the original 2013 plan established the foundational planning framework for Broken Hill, the 40+ amendments over 12 years indicate that the scope has evolved substantially. Amendments to LEPs typically reflect rezoning of specific parcels of land, changes to permitted land uses, updated height and density standards, and incorporation of new state planning policies. The cumulative effect of these changes means the current plan likely differs meaningfully from its original intent in several areas, though the core purpose — regulating land use and development in Broken Hill — remains unchanged."},"complexity_factors":["Operates under the framework of the Environmental Planning and Assessment Act 1979, requiring understanding of that parent legislation to fully interpret the LEP","Multiple overlapping zones with different permitted, permitted-with-consent, and prohibited uses for each zone","Numerous amendments over 12+ years (40+ versions) means the rules have changed frequently and tracking the evolution requires careful version comparison","Interaction with state-level planning policies and overlays (e.g., heritage, flood, mine subsidence) that sit alongside the LEP","Uses standardised NSW planning terminology and definitions from the Standard Instrument LEP template, which requires familiarity with that system","Maps form an integral part of the plan — you cannot understand the rules without cross-referencing land zoning maps and overlay maps","Specific to Broken Hill's unique context (mining history, heritage significance, remote location) adding local complexity"],"plain_english_summary":"The Broken Hill Local Environmental Plan 2013 is the legally binding planning rulebook for land use and development in Broken Hill, setting what can be built, where, and under what conditions. It affects property owners, residents, businesses, developers and the council by zoning land, controlling approvals, and setting standards (e.g., heights, lot sizes, heritage), so check the current version before any property decision."}},"importantCases":[],"_links":{"self":"/api/acts/broken-hill-local-environmental-plan-2013","history":"/api/acts/broken-hill-local-environmental-plan-2013/history","analysis":"/api/acts/broken-hill-local-environmental-plan-2013/analysis","conflicts":"/api/acts/broken-hill-local-environmental-plan-2013/conflicts","importantCases":"/api/acts/broken-hill-local-environmental-plan-2013/important-cases","documents":"/api/acts/broken-hill-local-environmental-plan-2013/documents"}}