{"id":"nsw:epi-2011-0702","name":"Cessnock Local Environmental Plan 2011","slug":"cessnock-local-environmental-plan-2011","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"702 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181482,"registerId":"nsw-nsw:epi-2011-0702-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 [Cessnock Local Environmental Plan 2011](/view/html/inforce/current/epi-2011-0702).","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> > RU3 Forestry\n> > \n> > RU4 Primary Production Small Lots\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> > E2 Commercial Centre\n> > \n> > E3 Productivity Support\n> > \n> > E4 General Industrial\n> > \n> > E5 Heavy Industrial\n> \n> > Mixed Use Zones\n> \n> > MU1 Mixed Use\n> \n> > Special Purpose Zones\n> \n> > 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> **cl 2.1:** Am 2014 (543), Sch 1 \\[1\\]; 2015 (127), Sch 1 \\[1\\] \\[2\\]; 2017 (143), Sch 1 \\[1\\]; 2022 (829), Sch 1.4\\[1\\].","sortOrder":14},{"sectionNumber":"pt","sectionType":"part","heading":"Land Use Table","content":"# pt Land Use Table\n\nLand Use Table\n\nNote—\n\nState environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—\n\n> [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714)\n\n> [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems\n\n> [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 2\n\n> [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 3\n\n> [State Environmental Planning Policy (Industry and Employment) 2021](/view/html/inforce/current/epi-2021-0723), Chapter 3\n\n> [State Environmental Planning Policy (Primary Production) 2021](/view/html/inforce/current/epi-2021-0729), Chapter 2\n\n**Land Use tbl:** Am 2013 (138), Sch 1 \\[1\\]; 2013 (410), Sch 1 \\[1\\]–\\[14\\]; 2014 (543), Sch 1 \\[2\\]; 2015 (127), Sch 1 \\[3\\] \\[4\\]; 2015 (722), cl 5 (1)–(4); 2016 (158), Sch 1 \\[4\\]; 2016 (168), Sch 1 \\[2\\]; 2016 (173), Sch 1 \\[1\\]–\\[6\\]; 2017 (143), Sch 1 \\[2\\]; 2017 (493), Sch 1.1 \\[1\\] \\[2\\]; 2018 (488), Sch 1.1 \\[1\\]; 2018 (614), Sch 1 \\[1\\]; 2019 (137), Sch 6 \\[1\\]; 2019 (621), Sch 3; 2020 (37), Sch 1\\[1\\] \\[2\\]; 2022 (314), Sch 1; 2022 (623), Sch 1\\[1\\]; 2022 (829), Sch 1.4\\[2\\]; 2023 (270), Sch 1\\[1\\] \\[2\\]; 2023 (307), Sch 1\\[1\\]–\\[13\\]; 2023 (458), Sch 2.19; 2023 (566), Sch 1\\[2\\] \\[3\\]; 2025 (332), Sch 1\\[1\\].\n\nZone RU2 Rural Landscape\n\nZone RU3 Forestry\n\nZone RU4 Primary Production Small Lots\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 E2 Commercial Centre\n\nZone E3 Productivity Support\n\nZone E4 General Industrial\n\nZone E5 Heavy Industrial\n\nZone MU1 Mixed Use\n\nZone 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","sortOrder":30},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Agriculture; Airports; Animal boarding or training establishments; Aquaculture; Building identification signs; Business identification signs; Camping grounds; Cemeteries; Community facilities; Crematoria; Dual occupancies; Dwelling houses; Eco-tourist facilities; Educational establishments; Electricity generating works; Emergency services facilities; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Helipads; Home-based child care; Home businesses; Home industries; Information and education facilities; Open cut mining; Plant nurseries; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Roads; Roadside stalls; Rural industries; School-based child care; Secondary dwellings; Sewerage systems; Tourist and visitor accommodation; Waste or resource management facilities; Water supply systems.","sortOrder":33},{"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":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":119},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":123},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":139},{"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/cessnock-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> > | Zone RE1 Public Recreation and marked “Local drainage” | Council |\n> > | Zone SP2 Infrastructure and marked “Local road widening” | Council |\n> \n> > (3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.\n> \n> Note.\n> \n> If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning is required to take action to enable the designation of the acquiring authority under this clause. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning (see section 21 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022)).","sortOrder":140},{"sectionNumber":"Part 6","sectionType":"part","heading":"Urban release areas","content":"# Part 6 Urban release areas\n\nPart 6 Urban release areas","sortOrder":166},{"sectionNumber":"6","sectionType":"section","heading":null,"content":"#### 6\n\n6.1 (Repealed)","sortOrder":167},{"sectionNumber":"Part 7","sectionType":"part","heading":"Additional local provisions","content":"# Part 7 Additional local provisions\n\nPart 7 Additional local provisions","sortOrder":172},{"sectionNumber":"7","sectionType":"section","heading":"Acid sulfate soils","content":"#### 7 Acid sulfate soils\n\n7.1 Acid sulfate soils\n\n> > (1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.\n> \n> > (2) Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the [Acid Sulfate Soils Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cessnock-local-environmental-plan-2011) 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> **cl 7.1:** Am 2013 (410), Sch 1 \\[17\\].","sortOrder":173},{"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 2014 (239), Sch 1 \\[2\\] \\[3\\]; 2015 (127), Sch 1 \\[9\\]–\\[11\\]; 2015 (785), Sch 1 \\[2\\]; 2016 (352), cl 4 (1) (2); 2016 (684), cl 5; 2017 (143), Sch 1 \\[4\\]; 2019 No 1, Sch 2.4; 2021 (166), cl 5; 2022 (829), Sch 1.4\\[6\\] \\[7\\]; 2024 (615), Sch 1; 2025 (542), Sch 1.","sortOrder":193},{"sectionNumber":"8","sectionType":"section","heading":"Use of certain land at Thompsons Road, Pokolbin","content":"#### 8 Use of certain land at Thompsons Road, Pokolbin\n\n8 Use of certain land at Thompsons Road, Pokolbin\n\n> > (1) This clause applies to land being Lots 8 and 21, DP 270105 at Thompsons Road, Pokolbin, known as Cypress Lakes Resort and identified on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cessnock-local-environmental-plan-2011).\n> \n> > (2) Development for the purpose of hotel or motel accommodation comprising no more than 100 rooms is permitted with development consent.","sortOrder":201},{"sectionNumber":"9","sectionType":"section","heading":"Use of certain land at Wine Country Drive, Palmers Lane and McDonalds Road, Rothbury","content":"#### 9 Use of certain land at Wine Country Drive, Palmers Lane and McDonalds Road, Rothbury\n\n9 Use of certain land at Wine Country Drive, Palmers Lane and McDonalds Road, Rothbury\n\n> > (1) This clause applies to the following land—\n> > \n> > > (a) Lot 2411, DP 1060722, McDonalds Road, Rothbury.\n> > \n> > > (b) Lot D, DP 182933, Palmers Lane, Rothbury,\n> > \n> > > (c) Lot 106, DP 1038043, Lots 1–48 and 50–103, DP 270293, Lots 1–23 and 25–30, DP 270292, Lots 1–38 and 40–48, DP 270295, Lots 1–44 and 46–60, DP 270343, Lots 1–39, 42–67 and 69–86, DP 270372, Lots 1–10, DP 270384, Lots 1–3, DP 270340, Lots 1–11, DP 270479, SP 76654, Lots 1–24, DP 270459, Lots 1–4, DP 270636, Lots 1–17, DP 270688, Lots 1–10, DP 270721, Lots 1–38, DP 270929, Lots 1601, 1603 and 1605, DP 1142579, Lots 1503, 1504 and 1506, DP 1110274, Lot 2151, DP 1185744, Lot 12, DP 1187633, Lot 2202, DP 1167247, Lot 12, DP 1187663, Lots 1901–1904, DP 1202101 and Lots 21–23, DP 1044459, Wine Country Drive, Rothbury.\n> \n> > (2) Development for the following purposes is permitted with development consent—\n> > \n> > > (a) dual occupancies,\n> > \n> > > (b) exhibition villages,\n> > \n> > > (c) health services facilities,\n> > \n> > > (d) multi dwelling housing,\n> > \n> > > (e) places of public worship,\n> > \n> > > (f) shops.","sortOrder":202},{"sectionNumber":"10","sectionType":"section","heading":"Use of certain land at 1151 George Booth Drive, Richmond Vale","content":"#### 10 Use of certain land at 1151 George Booth Drive, Richmond Vale\n\n10 Use of certain land at 1151 George Booth Drive, Richmond Vale\n\n> > (1) This clause applies to land known as the Orica Technical Centre, being part of Lot 2, DP 809377 at 1151 George Booth Drive, Richmond Vale, identified as “Technical Centre and Explosives Research and Production Facility” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cessnock-local-environmental-plan-2011).\n> \n> > (2) Development for the purposes of a technical centre and explosives research and production facility is permitted with development consent.\n> \n> > (3) In this clause—\n> > \n> > technical centre and explosives research and production facility means a building or place used as a centre and facility for the purposes of—\n> > \n> > > (a) research into, and development of, explosives and their precursors and associated manufacturing processes, methods of application of explosives, related advanced engineering processes and blasting physics, and\n> > \n> > > (b) the production, storage and testing of explosives and their precursors.","sortOrder":203},{"sectionNumber":"11","sectionType":"section","heading":"Use of certain land in Zone E1","content":"#### 11 Use of certain land in Zone E1\n\n11 Use of certain land in Zone E1\n\n> > (1) This clause applies to land identified as “Area C” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cessnock-local-environmental-plan-2011).\n> \n> > (2) Development for the purposes of dwelling houses is permitted with consent.","sortOrder":204},{"sectionNumber":"12","sectionType":"section","heading":"Use of certain land at Vintage Drive and Wine Country Drive, Pokolbin","content":"#### 12 Use of certain land at Vintage Drive and Wine Country Drive, Pokolbin\n\n12 Use of certain land at Vintage Drive and Wine Country Drive, Pokolbin\n\n> > (1) This clause applies to the following land in Pokolbin, identified as “The Vintage & Residential Flat Buildings” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cessnock-local-environmental-plan-2011)—\n> > \n> > > (a) Lot 1016, DP 1298409, 114 Vintage Drive,\n> > \n> > > (b) Lot 0, SP 107240, 126 Vintage Drive,\n> > \n> > > (c) part of Lot 2801, DP 1306576, 963 Wine Country Drive.\n> \n> > (2) Development for the purposes of residential flat buildings is permitted with development consent if the building height does not exceed 14m.","sortOrder":205},{"sectionNumber":"13","sectionType":"section","heading":"Use of land at 406 Wilderness Road, Lovedale","content":"#### 13 Use of land at 406 Wilderness Road, Lovedale\n\n13 Use of land at 406 Wilderness Road, Lovedale\n\n> > (1) This clause applies to part of Lot 5, DP 239505, 406 Wilderness Road, Lovedale, identified as “Depot” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cessnock-local-environmental-plan-2011).\n> \n> > (2) Development for the purposes of depots is permitted with development consent, if the depot is used for the purposes of a balloon tourism business.","sortOrder":206},{"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 2015 (127), Sch 1 \\[12\\].","sortOrder":207},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Amusement devices","content":"#### sch.2-sec Amusement devices\n\nAmusement devices\n\n> > Maximum 2 machines per premises.","sortOrder":208},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Replanting commercial vineyards in Zone RU4 Primary Production Small Lots","content":"#### sch.2-sec-oc.2 Replanting commercial vineyards in Zone RU4 Primary Production Small Lots\n\nReplanting commercial vineyards in Zone RU4 Primary Production Small Lots\n\n> > (1) Must be located in Zone RU4 Primary Production Small Lots.\n> \n> > (2) Replanting of vines must occur within 5 years of the date of vines having been removed from the land.","sortOrder":209},{"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":210},{"sectionNumber":"sch.3-sec","sectionType":"section","heading":"Waterbody (artificial)—dams in Zone RU2 Rural Landscape","content":"#### sch.3-sec Waterbody (artificial)—dams in Zone RU2 Rural Landscape\n\nWaterbody (artificial)—dams in Zone RU2 Rural Landscape\n\n> > (1) Maximum capacity—7ML.\n> \n> > (2) Must be on land that generally has a slope of less than 18°.\n> \n> > (3) Must be located more than 40m from a waterway, wastewater management system or disposal area.\n> \n> > (4) Must not be on land identified as Class 1, 2 or 3 on the [Acid Sulfate Soils Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cessnock-local-environmental-plan-2011).\n> \n> > (5) Must not be on land that is within a mine subsidence district within the meaning of the [Mine Subsidence Compensation Act 1961](/view/html/repealed/current/act-1961-022).","sortOrder":212},{"sectionNumber":"sch.3-sec-oc.2","sectionType":"section","heading":"General conditions","content":"#### sch.3-sec-oc.2 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":214},{"sectionNumber":"sch.3-sec-oc.3","sectionType":"section","heading":"Hunter Water approval","content":"#### sch.3-sec-oc.3 Hunter Water approval\n\nHunter Water approval\n\n> The approved plans must be appropriately certified by Hunter Water before the commencement of building works.","sortOrder":215},{"sectionNumber":"sch.3-sec-oc.4","sectionType":"section","heading":"Certified plans and specifications on site","content":"#### sch.3-sec-oc.4 Certified plans and specifications on site\n\nCertified plans and specifications on site\n\n> Certified plans, specifications and the complying development certificate must be available on site at all times during construction.","sortOrder":216},{"sectionNumber":"sch.3-sec-oc.5","sectionType":"section","heading":"Required payments","content":"#### sch.3-sec-oc.5 Required payments\n\nRequired payments\n\n> If payments are required in relation to any of the following, evidence of those payments must be provided to the Council on or before the lodging of the complying development certificate with the Council—\n> \n> > (a) road reserve deposits,\n> \n> > (b) opening of roads,\n> \n> > (c) inspections,\n> \n> > (d) registration.","sortOrder":217},{"sectionNumber":"sch.3-sec-oc.6","sectionType":"section","heading":"Notification to Council on completion","content":"#### sch.3-sec-oc.6 Notification to Council on completion\n\nNotification to Council on completion\n\n> The Council must be notified that all works have been completed within a reasonable time after the completion of the works.","sortOrder":218},{"sectionNumber":"sch.3-sec-oc.7","sectionType":"section","heading":"Inspections during construction","content":"#### sch.3-sec-oc.7 Inspections during construction\n\nInspections during construction\n\n> If the Council is the principal certifying authority, the person having the benefit of the complying development certificate must notify the Council at least 48 hours (in writing) or 24 hours (by telephone) before an inspection is required for any of the following—\n> \n> > (a) erosion controls, site works and site set out, before building starts,\n> \n> > (b) placement of piers or foundation before placing footings,\n> \n> > (c) steel reinforcing before pouring concrete,\n> \n> > (d) framework of structure before lining or cladding is fixed,\n> \n> > (e) stormwater drainage and on-site detention before backfilling,\n> \n> > (f) wet areas treated before lining or tiling,\n> \n> > (g) if the development is located in an area not serviced by a reticulated sewerage system, the following additional inspections—\n> > \n> > > (i) internal and external drainage,\n> > \n> > > (ii) hot and cold water.","sortOrder":219},{"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 2019 (561), Sch 1\\[1\\] \\[2\\]; 2022 (284), cl 5(1) (2); 2025 (551), Sch 1\\[1\\].","sortOrder":220},{"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 2013 (138), Sch 1 \\[3\\]; 2013 (410), Sch 1 \\[18\\]; 2015 (401), Sch 1 \\[2\\] \\[3\\]; 2016 (310), Sch 4.5; 2018 (374), Sch 1 \\[1\\]–\\[11\\]; 2019 (181), Sch 1 \\[1\\]–\\[15\\]; 2022 (623), Sch 1\\[13\\]–\\[16\\]; 2023 (55), cl 5; 2024 (170), Sch 1\\[1\\]–\\[66\\].","sortOrder":224},{"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":228},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":230},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":232}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":770},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2011 scope. Originally a standard local environmental plan, it has grown through 40+ amendments to include: site-specific provisions for major developments (Huntlee New Town Site, Cypress Lakes Resort, The Vintage), detailed aquaculture controls, music venue protections (clause 5.20), flood planning updated for climate change, and complex heritage listing with over 200 items. The plan now functions as both a strategic planning instrument and a detailed development manual with numerous 'carve-outs' for specific landowners."},"complexity_factors":["Multiple overlapping zone systems (rural, residential, employment, mixed use, special purpose, recreation, conservation)","Extensive cross-referencing to State Environmental Planning Policies and other legislation","Detailed conditional logic for subdivisions with numerous exceptions (clauses 4.1, 4.1AA, 4.1B, 4.1C, 4.1D, 4.1E, 4.2, 4.2A, 4.2B, 4.2C)","Site-specific provisions for particular parcels of land (Schedule 1 and multiple clauses in Part 7)","Heritage provisions with multiple assessment triggers and notification requirements","Flood planning clauses requiring consideration of climate change projections","Aquaculture provisions with technical operational requirements in Schedule 6","Multiple maps referenced throughout (Land Zoning Map, Lot Size Map, Height of Buildings Map, Floor Space Ratio Map, Heritage Map, Acid Sulfate Soils Map, Additional Permitted Uses Map, etc.)","Deferred zoning mechanism for mining land (clause 2.2 with Gazette notice trigger)","Savings provisions and repeal clauses with multiple amendment references"],"plain_english_summary":"This is the main planning rulebook for Cessnock, a local government area in New South Wales that includes the Hunter Valley wine region. It sets out what can be built where, and under what conditions.\n\n**What it does:**\n- **Divides land into zones** (like RU2 Rural Landscape, R1 General Residential, E1 Local Centre) with different rules for each\n- **Lists permitted uses** for each zone — some without approval (like home occupations), some requiring council consent (like shops or factories), and some prohibited\n- **Sets minimum lot sizes** for subdivisions, with special rules for rural land, dual occupancies, and strata title developments\n- **Protects heritage** — lists over 200 heritage items (old buildings, railway stations, cemeteries) and 4 heritage conservation areas that need special approval for changes\n- **Controls building heights and density** through maps that limit how tall and bulky buildings can be\n- **Protects the environment** — includes rules for flood-prone land, acid sulfate soils, groundwater, and bush fire hazard reduction\n- **Supports the wine industry** — recognises the vineyards district and allows cellar doors, tourist accommodation, and viticulture\n- **Enables fast-track development** — exempt development (no approval needed) and complying development (certifier approval only) for straightforward projects\n\n**Who it affects:**\n- Property owners wanting to build, subdivide, or change land use\n- Developers building housing estates or tourist facilities\n- Farmers and vineyard operators\n- Anyone buying property in Cessnock\n\n**Why it matters:**\nThis plan shapes how Cessnock grows — protecting its rural character and wine tourism economy while allowing new housing and employment. It balances development with environmental protection, particularly for flood-prone areas and groundwater systems. The heritage protections preserve the area's coal mining history and colonial architecture."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Plan’s stated aims (cl 1.2) are implemented by a core zoning and standards framework but the actual scope has been narrowed and tailored over time by amendments and site‑specific provisions. The instrument includes delayed commencement for a zoning area (cl 2.2(1A)–(1C)), multiple additional permitted uses in Schedule 1 (cl 2.5; Sch 1), and bespoke caps or exceptions for named parcels (see cl 7.10, cl 7.11, cl 7.11A, cll 7.7–7.9). These modifications change where and how the general zoning rules apply and introduce bespoke permissions and constraints to the original zoning scheme."},"complexity_factors":["Large number of distinct zones with bespoke objectives and separate permitted/prohibited use lists (cl 2.1; Land Use Table)","Extensive development standards with layered exceptions and cross‑referencing (minimum lot sizes, dual occupancies, strata/community schemes, cl 4.1, 4.1AA–4.1E, 4.1C–4.1D)","Multiple site‑specific permissions and caps in schedules and clauses (Schedule 1; cl 7.7–7.17; cl 7.11, 7.11A)","Numerous maps and external instruments determine application (Land Zoning Map, Lot Size Map, Height Map, FSR Map etc; cll 1.3, 1.7, 4.3–4.4)","Cross‑references to state SEPPs, regulations and specialist guidelines that alter applicability or standards (cl 1.9; cll 3.1–3.3; cl 5.21–5.22)","Detailed environmental and hazard controls (heritage cl 5.10; flood cl 5.21–5.22; acid sulfate soils cl 7.1; bushfire cl 5.11)","Exempt and complying development regimes with Certificates and conditions (Part 3; Schedule 2 and 3)","Administrative discretion and procedural constraints on consent (consent authority role cl 1.6; clause‑based thresholds and record‑keeping requirements, eg cl 4.6(3)–(4))","Amendment history and repeals noted throughout, adding temporal and transitional complexity (amendment notes to many clauses)"],"plain_english_summary":"Mechanically, this local environmental plan divides Cessnock land into mapped zones, sets what uses are permitted, requires development consent for many activities and fixes standards (lot sizes, building height, floor space ratio), plus maps, exemptions and site‑specific exceptions. The Council is the consent authority. It matters to landowners, developers, infrastructure providers and public agencies because it decides where housing, industry, tourism, agriculture, heritage protection, flood/bushfire and aquaculture rules apply and what approvals, conditions and compliance costs will follow."},"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"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The plan was originally made in 2011 to provide a comprehensive land use framework for the Cessnock LGA. With over 80 amendments over 14 years, its scope has been progressively expanded and refined — individual sites have been rezoned, new land use categories have been introduced, height and density controls have been altered, and new environmental and housing provisions have been incorporated. What began as a fixed planning framework has evolved into a substantially different and more detailed document through continuous incremental change, reflecting shifting state government housing policies, local development pressures, and evolving environmental standards."},"complexity_factors":["Extremely high amendment frequency — over 80 versions since 2011, meaning the rules have changed constantly and tracking the applicable version for any given date is challenging","Operates under and must be read alongside the Environmental Planning and Assessment Act 1979, a major piece of state legislation","Applies across a geographically diverse area covering urban centres, rural land, heritage precincts, and environmentally sensitive land — each with different rules","Standard instrument format incorporates numerous land use zones, each with permitted/prohibited/consent-required use tables that must be cross-referenced","Interacts with other planning instruments including State Environmental Planning Policies (SEPPs) which can override or modify its provisions","Maps are integral to the plan — you cannot understand the rules without locating your land on multiple overlapping maps (zone, height, heritage, flood, etc.)","Heritage and environmental protection provisions involve specialised assessment criteria","Frequent amendments mean significant practical complexity in determining which rules applied at any particular point in time, relevant for legal disputes or historical development applications"],"plain_english_summary":"The Cessnock Local Environmental Plan 2011 is the legally binding land‑use rulebook for the Cessnock LGA. It sets zoning and development standards, protects environmental and heritage values, and tells council how to assess and approve or refuse development.\n\nIt affects property owners, buyers, developers, businesses, farmers and anyone seeking development approval in Cessnock; because it defines what you can legally build or change on any parcel of land, checking the current LEP is essential."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/cessnock-local-environmental-plan-2011","history":"/api/acts/cessnock-local-environmental-plan-2011/history","analysis":"/api/acts/cessnock-local-environmental-plan-2011/analysis","conflicts":"/api/acts/cessnock-local-environmental-plan-2011/conflicts","importantCases":"/api/acts/cessnock-local-environmental-plan-2011/important-cases","documents":"/api/acts/cessnock-local-environmental-plan-2011/documents"}}