{"id":"nsw:epi-2014-0297","name":"Byron Local Environmental Plan 2014","slug":"byron-local-environmental-plan-2014","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"297 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181190,"registerId":"nsw-nsw:epi-2014-0297-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 [Byron Local Environmental Plan 2014](/view/html/inforce/current/epi-2014-0297).","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":15},{"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> > RU5 Village\n> \n> > Residential Zones\n> \n> > R1 General Residential\n> > \n> > R2 Low Density Residential\n> > \n> > R3 Medium Density Residential\n> > \n> > R5 Large Lot Residential\n> \n> > Employment Zones\n> \n> > E1 Local Centre\n> > \n> > E3 Productivity Support\n> > \n> > E4 General Industrial\n> \n> > Mixed Use Zones\n> \n> > MU1 Mixed Use\n> \n> > Special Purpose Zones\n> \n> > SP1 Special Activities\n> > \n> > SP2 Infrastructure\n> > \n> > SP3 Tourist\n> \n> > Recreation Zones\n> \n> > RE1 Public Recreation\n> > \n> > RE2 Private Recreation\n> \n> > Conservation Zones\n> \n> > C1 National Parks and Nature Reserves\n> > \n> > C2 Environmental Conservation\n> > \n> > C3 Environmental Management\n> > \n> > C4 Environmental Living\n> \n> > Waterway Zones\n> \n> > W1 Natural Waterways\n> > \n> > W2 Recreational Waterways\n> \n> **cl 2.1:** Am 2020 (66), Sch 1\\[1\\]; 2022 (195), Sch 1\\[1\\]; 2022 (828), Sch 1.6\\[1\\]; 2024 (483), Sch 1\\[1\\].","sortOrder":16},{"sectionNumber":"pt","sectionType":"part","heading":"Land Use Table","content":"# pt Land Use Table\n\nLand Use Table\n\nNote—\n\nState environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—\n\n> [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714)\n\n> [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems\n\n> [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 2\n\n> [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 3\n\n> [State Environmental Planning Policy (Industry and Employment) 2021](/view/html/inforce/current/epi-2021-0723), Chapter 3\n\n> [State Environmental Planning Policy (Primary Production) 2021](/view/html/inforce/current/epi-2021-0729), Chapter 2\n\n**Land Use tbl:** Am 2015 (392), Sch 1 \\[1\\]–\\[4\\]; 2016 (31), cl 4; 2016 (168), Sch 1 \\[1\\] \\[2\\]; 2016 (451), Sch 1 \\[1\\]–\\[5\\]; 2017 (87), Sch 1 \\[1\\]–\\[3\\]; 2017 (493), Sch 1.1 \\[1\\]; 2017 (529), Sch 1 \\[1\\]–\\[16\\]; 2018 (488), Sch 1.1 \\[1\\]; 2019 (137), Sch 6 \\[1\\]; 2020 (66), Sch 1\\[2\\] \\[3\\]; 2021 (638), Sch 1\\[1\\]; 2021 (714), Sch 10.3; 2022 (195), Sch 1\\[2\\]; 2022 (314), Sch 1; 2022 (828), Sch 1.6\\[2\\]; 2024 (483), Sch 1\\[3\\].\n\nZone RU1 Primary Production\n\nZone RU2 Rural Landscape\n\nZone RU5 Village\n\nZone R1 General Residential\n\nZone R2 Low Density Residential\n\nZone R3 Medium Density Residential\n\nZone R5 Large Lot Residential\n\nZone E1 Local Centre\n\nZone E3 Productivity Support\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 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":32},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Agriculture; Airstrips; Animal boarding or training establishments; Aquaculture; Business identification signs; Camping grounds; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Helipads; Home businesses; Home industries; Industrial retail outlets; Industrial training facilities; Intensive livestock agriculture; Intensive plant agriculture; Landscaping material supplies; Open cut mining; Places of public worship; Plant nurseries; Recreation areas; Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Tourist and visitor accommodation; Veterinary hospitals","sortOrder":35},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Backpackers’ accommodation; Hotel or motel accommodation; Serviced apartments; Any other development not specified in item 2 or 3","sortOrder":36},{"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":121},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":125},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":146},{"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/byron-local-environmental-plan-2014) (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 SP2 Infrastructure and marked “Local road” | Council |\n> > | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |\n> \n> > (3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.","sortOrder":147},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":173},{"sectionNumber":"Division 1","sectionType":"division","heading":"Miscellaneous","content":"## Division 1 Miscellaneous\n\nDivision 1 Miscellaneous\n\n**pt 6, div 1, hdg:** Ins 2023 (3), Sch 1\\[1\\].","sortOrder":174},{"sectionNumber":"6","sectionType":"section","heading":"Acid sulfate soils","content":"#### 6 Acid sulfate soils\n\n6.1 Acid sulfate soils\n\n> > (1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.\n> \n> > (2) Development consent is required for the carrying out of works described in the table to this subclause on land shown on the [Acid Sulfate Soils Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/byron-local-environmental-plan-2014) as being of the class specified for those works.\n> > \n> > | Class of land | Works |\n> > | 1 | Any works. |\n> > | 2 | Works below the natural ground surface.Works by which the watertable is likely to be lowered. |\n> > | 3 | Works more than 1 metre below the natural ground surface.Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface. |\n> > | 4 | Works more than 2 metres below the natural ground surface.Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface. |\n> > | 5 | Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land. |\n> \n> > (3) Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.\n> \n> > (4) Despite subclause (2), development consent is not required under this clause for the carrying out of works if—\n> > \n> > > (a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and\n> > \n> > > (b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.\n> \n> > (5) Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—\n> > \n> > > (a) emergency work, being the repair or replacement of the works of the public authority, required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,\n> > \n> > > (b) routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),\n> > \n> > > (c) minor work, being work that costs less than $20,000 (other than drainage work).\n> \n> > (6) Despite subclause (2), development consent is not required under this clause to carry out any works if—\n> > \n> > > (a) the works involve the disturbance of less than 1 tonne of soil, and\n> > \n> > > (b) the works are not likely to lower the watertable.\n> \n> > (7) Despite subclause (2), development consent is not required under this clause for the carrying out of works for the purpose of agriculture if—\n> > \n> > > (a) a production area entitlement is in force in respect of the land when the works are carried out, and\n> > \n> > > (b) the works are carried out in accordance with a drainage management plan, and\n> > \n> > > (c) the works are not carried out in respect of a major drain identified on the [Acid Sulfate Soils Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/byron-local-environmental-plan-2014), and\n> > \n> > > (d) the works are not carried out on land identified as “coastal wetlands” on the Coastal Wetlands and Littoral Rainforests Area Map, within the meaning of [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 2.\n> \n> > (8) In this clause—\n> > \n> > drainage management plan means an irrigation and drainage management plan that—\n> > \n> > > (a) is prepared in accordance with the NSW Sugar Industry Best Practice Guidelines for Acid Sulfate Soils (2005), and\n> > \n> > > (b) is endorsed by the Sugar Milling Co-operative as being appropriate for the land.\n> > \n> > NSW Sugar Industry Best Practice Guidelines for Acid Sulfate Soils (2005) means the guidelines approved by the Director-General of the Department of Infrastructure, Planning and Natural Resources on 25 May 2005.\n> > \n> > production area entitlement means a contractual arrangement between the Sugar Milling Co-operative and a grower member of that co-operative for the production of sugar cane for milling.\n> > \n> > Sugar Milling Co-operative means the New South Wales Sugar Milling Co-operative Limited or its successor.\n> > \n> > Note.\n> > \n> > The NSW Sugar Industry Best Practice Guidelines for Acid Sulfate Soils (2005) is available on the Department of Planning and Infrastructure’s website.\n> \n> **cl 6.1:** Am 2018 (106), Sch 2.3; 2022 (72), Sch 1.13\\[1\\].","sortOrder":175},{"sectionNumber":"Division 2","sectionType":"division","heading":"Affordable housing","content":"## Division 2 Affordable housing\n\nDivision 2 Affordable housing\n\n**pt 6, div 2:** Ins 2023 (3), Sch 1\\[3\\].","sortOrder":196},{"sectionNumber":"Part 7","sectionType":"part","heading":"Urban release areas","content":"# Part 7 Urban release areas\n\nPart 7 Urban release areas\n\n**pt 7:** Ins 2025 (39), Sch 1\\[2\\].","sortOrder":199},{"sectionNumber":"7","sectionType":"section","heading":"Concurrence of Planning Secretary","content":"#### 7 Concurrence of Planning Secretary\n\n7.1 Concurrence of Planning Secretary\n\n> > (1) The objective of this clause is to ensure designated State public infrastructure is sufficient to address the impact of intensive subdivision of land in an urban release area.\n> \n> > (2) This clause applies to 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.\n> \n> > (3) Development consent must not be granted for the subdivision unless the consent authority has obtained the concurrence of the Planning Secretary.\n> \n> > (4) In deciding whether to grant concurrence, the Planning Secretary must consider the following—\n> > \n> > > (a) the impact of the subdivision on—\n> > > \n> > > > (i) existing designated State public infrastructure, and\n> > > \n> > > > (ii) the need for additional designated State public infrastructure,\n> > \n> > > (b) the cumulative impact of the subdivision with other development that has been, or is likely to be, carried out in surrounding areas on—\n> > > \n> > > > (i) existing designated State public infrastructure, and\n> > > \n> > > > (ii) the need for additional designated State public infrastructure,\n> > \n> > > (c) the steps taken to address those impacts, including whether a planning agreement has been, or will be, entered into to contribute to designated State public infrastructure.\n> \n> > (5) In deciding whether to grant concurrence, the Planning Secretary must also consult the public authorities that the Planning Secretary considers relevant to the development.\n> \n> > (6) This clause does not apply to subdivision of the following land—\n> > \n> > > (a) land in a region within the meaning of the Act, Division 7.1, Subdivision 4, or land that includes land in a region,\n> > \n> > > (b) a lot that is, in the Planning Secretary’s opinion, a residue lot,\n> > \n> > > (c) a lot created by a subdivision of land under a previous development consent granted in accordance with—\n> > > \n> > > > (i) this clause, or\n> > > \n> > > > (ii) [Byron Local Environmental Plan 1988](/view/html/inforce/current/epi-1988-0329), clause 99, before its repeal,\n> > \n> > > (d) a lot proposed to be reserved or dedicated for public open space, public roads, public utility undertakings, educational establishments or other public purposes.\n> \n> > (7) This clause also does not apply to subdivision that is only for the purposes of rectifying an encroachment on an existing lot.\n> \n> > (8) In this clause—\n> > \n> > designated State public infrastructure means public facilities or services of the following kinds that are provided or financed by the State, or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State—\n> > \n> > > (a) State and regional roads,\n> > \n> > > (b) bus interchanges and bus lanes,\n> > \n> > > (c) regional parks and public spaces,\n> > \n> > > (d) social infrastructure and facilities, including schools, hospitals, emergency services and justice facilities.\n> \n> **cl 7.1:** Ins 2025 (39), Sch 1\\[2\\].","sortOrder":200},{"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 2017 (529), Sch 1 \\[21\\]; 2019 (478), Sch 1; 2020 (66), Sch 1\\[4\\]; 2020 (482), cl 5; 2022 (828), Sch 1.6\\[10\\]; 2024 (483), Sch 1\\[9\\]; 2025 (245), Sch 1\\[2\\]; 2025 (539), Sch 1.","sortOrder":203},{"sectionNumber":"8","sectionType":"section","heading":"Use of certain land at Coast Road, Broken Head","content":"#### 8 Use of certain land at Coast Road, Broken Head\n\n8 Use of certain land at Coast Road, Broken Head\n\n> > (1) This clause applies to land at The Coast Road, Broken Head (known as the Linnaeus Estate) being part of Lot 1, DP 1031848, and identified as “Area D” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/byron-local-environmental-plan-2014).\n> \n> > (2) Development for the purposes of mixed use development that includes tourist or visitor accommodation is permitted with development consent.\n> \n> > (3) Development consent may only be granted under this clause if the consent authority is satisfied that the proposed development—\n> > \n> > > (a) is ancillary to a lawful existing land use, and\n> > \n> > > (b) is for the purpose of providing education or training for professional and personal development through a variety of academic, cultural and vocational programs.","sortOrder":211},{"sectionNumber":"9","sectionType":"section","heading":"Use of certain land at Byron Bay Rail Corridor, adjacent Rail Land and Lawson Street South Car Park","content":"#### 9 Use of certain land at Byron Bay Rail Corridor, adjacent Rail Land and Lawson Street South Car Park\n\n9 Use of certain land at Byron Bay Rail Corridor, adjacent Rail Land and Lawson Street South Car Park\n\n> > (1) This clause applies to land at the Byron Bay Rail Corridor and Lawson Street South Car Park, being part of Lot 4729, DP 1228104, Lot 1, DP 1001454, and Lot 3 and part of Lot 7, DP 827049 and identified as “Area E” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/byron-local-environmental-plan-2014).\n> \n> > (2) Development for the following purposes is permitted with development consent—\n> > \n> > > (a) community facilities,\n> > \n> > > (b) information and education facilities,\n> > \n> > > (c) markets, if Council is satisfied the development will not increase the number of markets on the land to which this Plan applies.\n> \n> > (3) The following development is permitted without development consent—\n> > \n> > > (a) landscaping that does not involve excavation of more than 1 metre from ground level (existing), or filling of more than 1 metre above ground level (existing),\n> > \n> > > (b) development for the purposes of recreation areas.","sortOrder":212},{"sectionNumber":"10","sectionType":"section","heading":"Use of certain land at Seven Mile Beach Road, Broken Head","content":"#### 10 Use of certain land at Seven Mile Beach Road, Broken Head\n\n10 Use of certain land at Seven Mile Beach Road, Broken Head\n\n> > (1) This clause applies to land at Seven Mile Beach Road, Broken Head, being Lot 2, DP 599728 and identified as “Area F” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/byron-local-environmental-plan-2014).\n> \n> > (2) Development for the purpose of 6 dwelling houses is permitted with development consent.","sortOrder":213},{"sectionNumber":"11","sectionType":"section","heading":"Use of certain land at 10–12 Shirley Street, Byron Bay","content":"#### 11 Use of certain land at 10–12 Shirley Street, Byron Bay\n\n11 Use of certain land at 10–12 Shirley Street, Byron Bay\n\n> > (1) This clause applies to land at 10–12 Shirley Street, Byron Bay, being Lot 1, DP 847910 and identified as “Area G” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/byron-local-environmental-plan-2014).\n> \n> > (2) Development for the following purposes is permitted with development consent—\n> > \n> > > (a) office premises,\n> > \n> > > (b) light industry, but only for the purposes of a commercial kitchen that does not involve the use of more than 100 square metres of floor area,\n> > \n> > > (c) a restaurant or cafe.","sortOrder":214},{"sectionNumber":"12","sectionType":"section","heading":"Use of certain land in Zone E1","content":"#### 12 Use of certain land in Zone E1\n\n12 Use of certain land in Zone E1\n\n> > (1) This clause applies to land in Zone E1 identified as “Area I” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/byron-local-environmental-plan-2014).\n> \n> > (2) Development for the purposes of tourist and visitor accommodation is permitted with development consent.","sortOrder":215},{"sectionNumber":"13","sectionType":"section","heading":"Use of land at Mullumbimby","content":"#### 13 Use of land at Mullumbimby\n\n13 Use of land at Mullumbimby\n\n> > (1) This clause applies to the following land in Mullumbimby, identified as “Area J” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/byron-local-environmental-plan-2014)—\n> > \n> > > (a) Lot 188, DP 728535, 1 Reservoir Road,\n> > \n> > > (b) Lot 1, DP 1159861, 1–3 Azalea Street,\n> > \n> > > (c) Lot 138, DP 755722, Left Bank Road.\n> \n> > (2) Development for the following purposes is permitted with development consent—\n> > \n> > > (a) creative industries,\n> > \n> > > (b) information and education facilities,\n> > \n> > > (c) markets,\n> > \n> > > (d) restaurants or cafes.","sortOrder":216},{"sectionNumber":"14","sectionType":"section","heading":"Use of certain land at 66 The Saddle Road, Brunswick Heads","content":"#### 14 Use of certain land at 66 The Saddle Road, Brunswick Heads\n\n14 Use of certain land at 66 The Saddle Road, Brunswick Heads\n\n> > (1) This clause applies to part of Lot 2, DP 1159910, 66 The Saddle Road, Brunswick Heads, identified as “Work-Live Precinct” on the [Local Clauses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/byron-local-environmental-plan-2014).\n> \n> > (2) Development for the purposes of attached dwellings, multi dwelling housing and residential flat buildings is permitted with development consent.","sortOrder":217},{"sectionNumber":"15","sectionType":"section","heading":"Use of certain land in Byron Bay","content":"#### 15 Use of certain land in Byron Bay\n\n15 Use of certain land in Byron Bay\n\n> > (1) This clause applies to certain land in Byron Bay, identified as “Area K” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/byron-local-environmental-plan-2014).\n> \n> > (2) Development for the following purposes is permitted with development consent—\n> > \n> > > (a) business premises,\n> > \n> > > (b) health services facilities,\n> > \n> > > (c) office premises,\n> > \n> > > (d) passenger transport facilities,\n> > \n> > > (e) recreation areas.","sortOrder":218},{"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 2016 (451), Sch 1 \\[7\\]; 2021 (638), Sch 1\\[13\\]; 2022 (72), Sch 1.13\\[4\\]; 2022 (388), cl 4; 2022 (828), Sch 1.6\\[11\\] \\[12\\]; 2023 (178), cl 4(1) (2); 2023 (432), cl 4; 2024 (483), Sch 1\\[10\\]; 2025 (246), Sch 1.","sortOrder":219},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Basic standards for all exempt development","content":"#### sch.2-sec Basic standards for all exempt development\n\nBasic standards for all exempt development\n\n> > (1) For the purpose of clause 3.1(2) of this Plan the standards in the following apply to all types of development referred to in this Schedule.\n> \n> > (2) To be exempt development, the development specified in this Schedule must meet the following standards in addition to the standards particularly specified for that development—\n> > \n> > > (a) must not restrict any required vehicular or pedestrian access from a site,\n> > \n> > > (b) must not involve a change to an existing, or the installation of, effluent disposal system or sewer connection, (unless approval from the consent authority has been granted to the modification or installation),\n> > \n> > > (c) must not be on land that is identified or recorded in a contaminated land register, map or other Council record as being contaminated, unless a notice of completion of remediation work for the proposed use has been approved by the consent authority in accordance with [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 4,\n> > \n> > > (d) must not be on land that is or has been used by a potentially contaminating activity,\n> > \n> > > (e) must not be ancillary to a work or structure not lawfully commenced or erected,\n> > \n> > > (f) must not reduce the structural integrity of any building,\n> > \n> > > (g) if the development is within the zone of influence of a sewer or water pipe, must be constructed in accordance with Byron Council Policy (Building over Pipelines and other Underground Structures), as amended 8 October 2009.","sortOrder":220},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Bed and breakfast accommodation","content":"#### sch.2-sec-oc.2 Bed and breakfast accommodation\n\nBed and breakfast accommodation\n\n> > (1) Must contain only 1 bedroom for guests.\n> \n> > (2) Must not provide accommodation to more than 2 guests at a time.\n> \n> > (3) Must offer breakfast to guests.\n> \n> > (4) Must provide parking to guests on the site.\n> \n> Note.\n> \n> Section 100B(3) of the [Rural Fires Act 1997](/view/html/inforce/current/act-1997-065) requires a person to obtain a bush fire safety authority under that Act before developing bush fire prone land for a special fire protection purpose such as tourist accommodation (including bed and breakfast accommodation).","sortOrder":221},{"sectionNumber":"sch.2-sec-oc.3","sectionType":"section","heading":"Burials on private land","content":"#### sch.2-sec-oc.3 Burials on private land\n\nBurials on private land\n\n> > (1) Must be on land in Zone RU1 Primary Production or Zone RU2 Rural Landscape only.\n> \n> > (2) Must not be more than 4 deceased persons buried on the land.\n> \n> > (3) Must also have an approval for the burial from the Council in accordance with Council Policy 5.3 Burials on Private Property, reviewed 24 September 1996.\n> \n> Note.\n> \n> Must comply with Part 8 of the [Public Health Regulation 2012](/view/html/repealed/current/sl-2012-0311) and the relevant guidelines issued by the Department of Health.","sortOrder":222},{"sectionNumber":"sch.2-sec-oc.4","sectionType":"section","heading":"Display of goods on footways","content":"#### sch.2-sec-oc.4 Display of goods on footways\n\nDisplay of goods on footways\n\n> > (1) Must be in Zone RU5 Village or Zone E1 Local Centre.\n> \n> > (2) Must be in conjunction with an existing shop for which consent has been granted.\n> \n> > (3) Area to be used must be subject to a current approval under the [Roads Act 1993](/view/html/inforce/current/act-1993-033).\n> \n> > (4) Area must be immediately adjoining the shop front and must not obstruct access to that or to adjacent shop.","sortOrder":223},{"sectionNumber":"sch.2-sec-oc.5","sectionType":"section","heading":"Entertainment and events on public roads","content":"#### sch.2-sec-oc.5 Entertainment and events on public roads\n\nEntertainment and events on public roads\n\n> Must be in accordance with an approval issued under section 125 of the [Roads Act 1993](/view/html/inforce/current/act-1993-033).","sortOrder":224},{"sectionNumber":"sch.2-sec-oc.6","sectionType":"section","heading":"Garage sales","content":"#### sch.2-sec-oc.6 Garage sales\n\nGarage sales\n\n> > (1) Must take place within the garage and the curtilage of a dwelling.\n> \n> > (2) Must be the sale of personal items by permanent residents of the dwelling only.\n> \n> > (3) Must not be for more than 48 hours duration.\n> \n> > (4) Maximum—2 per year.\n> \n> > (5) A sign advertising the sale up to 1m2 in size may be erected on the site on the day of the sale. Any such sign must not be attached to a tree.","sortOrder":225},{"sectionNumber":"sch.2-sec-oc.7","sectionType":"section","heading":"Horticulture","content":"#### sch.2-sec-oc.7 Horticulture\n\nHorticulture\n\n> > (1) Must be in Zone RU1 Primary Production or Zone RU2 Rural Landscape.\n> \n> > (2) Must not be located within 20m of a watercourse.","sortOrder":226},{"sectionNumber":"sch.2-sec-oc.8","sectionType":"section","heading":"Mobile sawmill","content":"#### sch.2-sec-oc.8 Mobile sawmill\n\nMobile sawmill\n\n> > (1) Must be in a rural zone (other than Zone RU5 Village).\n> \n> > (2) Must not operate for more than 2 weeks in any 12-month period on any one property.","sortOrder":227},{"sectionNumber":"sch.2-sec-oc.9","sectionType":"section","heading":"Outdoor lighting","content":"#### sch.2-sec-oc.9 Outdoor lighting\n\nOutdoor lighting\n\n> > (1) Light spill must be confined to the source property.\n> \n> > (2) Must not be a danger to traffic.","sortOrder":228},{"sectionNumber":"sch.2-sec-oc.10","sectionType":"section","heading":"Roadside stalls","content":"#### sch.2-sec-oc.10 Roadside stalls\n\nRoadside stalls\n\n> > (1) Must be for the sale of agricultural produce only.\n> \n> > (2) Must be on land in Zone RU1 Primary Production or Zone RU2 Rural Landscape.\n> \n> > (3) Must not have a gross floor area of more than 4m2.\n> \n> > (4) Must be located on private property.\n> \n> > (5) Must be located at least 5m from an adjoining property boundary.\n> \n> > (6) Must not be located on land adjacent to a classified road.\n> \n> > (7) Only 1 stall per landholding.\n> \n> > (8) Must provide customer parking on the side of a road or within the property.\n> \n> > (9) If parking is provided on the side of a road—must provide for vehicles to park at least 3m from the road.\n> \n> > (10) If parking is provided within the property—must provide for vehicles to access and leave the property in a forward direction.","sortOrder":229},{"sectionNumber":"sch.2-sec-oc.11","sectionType":"section","heading":"Strata subdivision of a lawfully erected building","content":"#### sch.2-sec-oc.11 Strata subdivision of a lawfully erected building\n\nStrata subdivision of a lawfully erected building\n\n> > (1) Must be of a building situated in Zone RU5 Village, Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone E1 Local Centre, Zone E3 Productivity Support Zone, E4 General Industrial or Zone MU1 Mixed Use.\n> \n> > (2) Must not be the strata subdivision of a boarding house.\n> \n> > (3) Must not be a development lot under the [Strata Schemes (Freehold Development) Act 1973](/view/html/repealed/current/act-1973-068).\n> \n> > (4) Must not be development that requires a Bushfire Safety Authority under section 100B of the [Rural Fires Act 1997](/view/html/inforce/current/act-1997-065).","sortOrder":230},{"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":231},{"sectionNumber":"sch.2-sec-oc.13","sectionType":"section","heading":"Temporary business premises","content":"#### sch.2-sec-oc.13 Temporary business premises\n\nTemporary business premises\n\n> > (1) This clause applies to Lot 5, DP 619224, 90–96 Jonson Street, Byron Bay.\n> \n> > (2) Must include only 1 temporary structure with a gross floor area of up to 60m2.\n> \n> > (3) Must not remain on the land after 30 June 2024.","sortOrder":232},{"sectionNumber":"sch.2-sec-oc.14","sectionType":"section","heading":"Temporary community facilities in Byron Bay","content":"#### sch.2-sec-oc.14 Temporary community facilities in Byron Bay\n\nTemporary community facilities in Byron Bay\n\n> > (1) This clause applies to Lot 452, DP 48493, Lighthouse Road, Byron Bay.\n> \n> > (2) Must include no more than 2 buildings.\n> \n> > (3) Must not have a gross floor area of more than 85m2.\n> \n> > (4) An evacuation diagram with the following information must be displayed in each building—\n> > \n> > > (a) directions to evacuate the site,\n> > \n> > > (b) contact details for emergency services, including for a bush fire, flood or other natural disaster.\n> \n> > (5) Must conform to the specifications and requirements of Planning for Bush Fire Protection, ISBN 978 0 646 99126 9, dated 9 November 2019.\n> \n> > (6) Must not remain on the land after 28 February 2025.","sortOrder":233},{"sectionNumber":"sch.2-sec-oc.15","sectionType":"section","heading":"Temporary community facilities in Mullumbimby","content":"#### sch.2-sec-oc.15 Temporary community facilities in Mullumbimby\n\nTemporary community facilities in Mullumbimby\n\n> > (1) This clause applies to Lot 1, Section 8, DP 758725, 15 Tincogan Street, Mullumbimby.\n> \n> > (2) Must include only temporary structures with a total gross floor area of up to 80m2.\n> \n> > (3) Must not remain on the land after 30 June 2024.","sortOrder":234},{"sectionNumber":"sch.2-sec-oc.16","sectionType":"section","heading":"Temporary function centres on certain land on Ewingsdale Road, Byron Bay","content":"#### sch.2-sec-oc.16 Temporary function centres on certain land on Ewingsdale Road, Byron Bay\n\nTemporary function centres on certain land on Ewingsdale Road, Byron Bay\n\n> > (1) This clause applies to the part of Lot 3, DP 706286, 249 Ewingsdale Road, Byron Bay in Zone RE1.\n> \n> > (2) Must not involve the erection of permanent structures.\n> \n> > (3) Must not include facilities for overnight accommodation or camping.","sortOrder":235},{"sectionNumber":"sch.2-sec-oc.17","sectionType":"section","heading":"Waterbody artificial (dams)","content":"#### sch.2-sec-oc.17 Waterbody artificial (dams)\n\nWaterbody artificial (dams)\n\n> > (1) Must be on land in Zone RU1 Primary Production, Zone RU2 Rural Landscape or Zone R5 Large Lot Residential.\n> \n> > (2) Must not be located on land that has a slope greater than 18 degrees.\n> \n> > (3) Must not be located within 40m of a waterway.\n> \n> > (4) Must not be located on land affected by acid sulfate soils (class 1, 2 or 3) as mapped on the [Acid Sulfate Soils Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/byron-local-environmental-plan-2014).","sortOrder":236},{"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":237},{"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":240},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Classification and reclassification of public land","content":"# Schedule 4 Classification and reclassification of public land\n\nSchedule 4 Classification and reclassification of public land\n\n(Clause 5.2)\n\n**sch 4:** Am 2015 (375), cl 4; 2015 (633), Sch 1 \\[2\\]; 2016 (30), cl 5; 2018 (249), cl 5 (1).","sortOrder":241},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Environmental heritage","content":"# Schedule 5 Environmental heritage\n\nSchedule 5 Environmental heritage\n\n(Clause 5.10)\n\n**sch 5:** Am 2017 (87), Sch 1 \\[5\\] \\[6\\]; 2017 (529), Sch 1 \\[22\\]; 2020 (381), Sch 1\\[1\\]–\\[6\\]; 2024 (291), Sch 1.","sortOrder":245},{"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":248}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":766},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Plan has expanded significantly from its original 2014 scope. Major additions include: the West Byron Bay urban release area with bespoke density rules (2025); affordable housing contribution schemes (2023); design excellence requirements and active street frontage rules for Byron Bay town centre (2021); work-live precinct provisions (2025); and numerous site-specific clauses for individual properties. The heritage schedule has grown substantially, and flood planning provisions were strengthened in 2023. The Plan now functions as both a traditional zoning instrument and a negotiated development framework with area-specific incentives."},"complexity_factors":["22 separate land use zones with distinct objectives and permitted/prohibited uses","Extensive cross-referencing to external maps (Lot Size Map, Height of Buildings Map, Floor Space Ratio Map, Heritage Map, etc.)","Multiple nested exception clauses for subdivision rules (clauses 4.1, 4.1A, 4.1AA, 4.1B, 4.1C, 4.1D, 4.1E, 4.1F, 4.1G, 4.1H)","Schedule-based structure with 6 schedules covering additional uses, exempt development, complying development, land classification, heritage, and aquaculture","Frequent amendments noted throughout (e.g., clause 2.1 amended 4 times, Land Use Table amended 14+ times)","Conditional logic for development consent based on zone, lot size, existing uses, and environmental constraints","Heritage provisions requiring consultation with multiple bodies (Heritage Council, Aboriginal communities)","Specific site-based clauses (e.g., 'The Farm' at Ewingsdale, West Byron Bay site, Skinners Shoot) with unique rules","Affordable housing contribution scheme with two different calculation methods","Aquaculture provisions with extensive technical requirements and species restrictions"],"plain_english_summary":"This is the **Byron Local Environmental Plan 2014**, a planning rulebook that controls what can be built and done on land in Byron Shire, NSW. Think of it as the 'zoning bible' for Byron Bay and surrounding areas.\n\n**What it does:**\n- **Divides land into zones** (like RU1 Primary Production, R2 Low Density Residential, E1 Local Centre) — each zone has its own rules about what buildings and activities are allowed\n- **Sets development rules** — minimum lot sizes, building heights, floor space ratios, and when you need council approval\n- **Protects special areas** — heritage sites, flood-prone land, environmentally sensitive areas, and Aboriginal cultural places\n- **Promotes affordable housing** — includes requirements for developers to contribute to affordable housing in certain areas\n- **Supports the local music/arts scene** — uniquely includes protections for live music venues (you can't refuse a pub licence just because they play music)\n\n**Who it affects:**\n- Anyone wanting to build, subdivide, or change land use in Byron Shire\n- Farmers, tourism operators, residents, and developers\n- The Byron Shire Council (who makes most decisions) and the NSW Planning Secretary (for major projects)\n\n**Key quirks:**\n- **West Byron Bay site** has special, more flexible rules for housing density\n- **Multiple occupancy/rural landsharing** is allowed in specific areas — think eco-villages or communal living\n- **Heritage protection** is strong — over 190 heritage items and 7 conservation areas listed\n- **Flood planning** is taken seriously given Byron's coastal flood risks\n- **Design excellence panel** must approve significant developments in key areas"},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"While the core purpose — land use planning for Byron Shire — has remained constant, the scope has materially evolved through 80+ amendments over 11 years. Issues that have significantly expanded the plan's reach include short-term holiday letting regulation (a major Byron-specific pressure), increased biodiversity and coastal protections, and alignment with successive state-level planning reforms. The plan has grown considerably more complex than a typical standard instrument LEP, reflecting Byron Shire's unique environmental, tourism, and housing pressures."},"complexity_factors":["Extremely high amendment frequency — over 80 distinct versions since 2014, making it critical to identify the correct point-in-time version for any given decision","Operates as a 'standard instrument LEP' under the Environmental Planning and Assessment Act 1979, meaning it must be read together with that parent legislation and NSW government standard instrument templates","Zone-based land use matrix system — each land use zone has its own permitted, permissible-with-consent, and prohibited uses that must be cross-referenced","Multiple overlapping maps (zoning, heritage, flood, biodiversity, height, lot size) that interact with the written provisions","Local variation clauses that modify or supplement the NSW standard instrument, requiring careful comparison with the baseline template","Heritage and biodiversity provisions involve specialist assessments and interact with separate State Environmental Planning Policies (SEPPs)","Coastal and environmental sensitivity of the Byron Shire adds extra regulatory layers (coastal management, riparian zones, acid sulfate soils)","Short-term rental accommodation rules have been a contested and frequently amended area, adding interpretive difficulty"],"plain_english_summary":"The Byron Local Environmental Plan 2014 is the master land‑use rulebook for Byron Shire, setting zoning and development rules that determine what can be built, where, and under what conditions across townships, rural lands and coasts. It governs approvals, prohibited uses and controls like building heights, minimum lot sizes, heritage, biodiversity and coastal protections.\n\nIt affects anyone who owns, occupies, develops or runs a business on land in the Shire and is frequently amended — always check you’re using the current version."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Plan replaces earlier local environmental plans and deemed instruments for the same land (s1.8), so the statutory scope applying to that land was consolidated under this instrument. It preserves in‑progress development applications to be determined under prior rules (s1.8A) and creates practical changes in the legal constraints on land via suspension of private covenants where necessary to give effect to Plan‑consistent development (s1.9A)."},"complexity_factors":["Wide zoning matrix and land‑use table spanning many zone types with differing permissions and objectives (s2.1–2.3).","Multiple overlay‑style controls that cut across uses (heritage s5.10; flood s5.21–5.22; aquaculture s5.19 and Schedule Parts 1–2).","Numerous exemptions, complying development thresholds and technical standards that depend on location and external BCA or agency approvals (s3.1–3.3; s5.18; s5.19).","Cross‑instrument interactions and primacy rules with State environmental planning policies and other Acts (s1.9; reference to external guidelines/manuals in s5.21–5.22).","Administrative requirements for maps, publication and technical GIS standards that affect interpretation and compliance (s1.7; s1.1AA).","Discretionary powers and procedural steps for consent authorities including notification/consultation timeframes (heritage notification/28‑day responses in s5.10(7)–(9)).","Special carve‑outs and suspensions such as suspension of covenants to permit Plan‑consistent development (s1.9A) and public authority exemptions (s5.12).","Mixture of adopted and not‑adopted clauses and external reference material increases interpretive and implementation burden (multiple 'Not adopted' entries; cross‑references throughout)."],"plain_english_summary":"Byron Local Environmental Plan 2014 sets the legal land‑use rules for land shown on its maps: it zones land, lists permitted/consent‑required/prohibited uses, and establishes exempt and complying development pathways (s2.3; s3.1–3.3). It imposes targeted controls for heritage (s5.10), flood risk (s5.21–5.22) and aquaculture (s5.19; Schedule Parts 1–2). The council is the consent authority (s1.6); applicants bear compliance costs and must meet mapping, technical and notification requirements (s1.7; s5.10)."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/byron-local-environmental-plan-2014","history":"/api/acts/byron-local-environmental-plan-2014/history","analysis":"/api/acts/byron-local-environmental-plan-2014/analysis","conflicts":"/api/acts/byron-local-environmental-plan-2014/conflicts","importantCases":"/api/acts/byron-local-environmental-plan-2014/important-cases","documents":"/api/acts/byron-local-environmental-plan-2014/documents"}}