{"id":"nsw:epi-2011-0701","name":"Clarence Valley Local Environmental Plan 2011","slug":"clarence-valley-local-environmental-plan-2011","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"701 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181494,"registerId":"nsw-nsw:epi-2011-0701-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 [Clarence Valley Local Environmental Plan 2011](/view/html/inforce/current/epi-2011-0701).","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Permitted or prohibited development","content":"# Part 2 Permitted or prohibited development\n\nPart 2 Permitted or prohibited development","sortOrder":13},{"sectionNumber":"2","sectionType":"section","heading":"Land use zones","content":"#### 2 Land use zones\n\n2.1 Land use zones\n\n> The land use zones under this Plan are as follows—\n> \n> > Rural Zones\n> \n> > RU1 Primary Production\n> > \n> > RU2 Rural Landscape\n> > \n> > RU3 Forestry\n> \n> > 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> > 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> > Waterway Zones\n> \n> > W1 Natural Waterways\n> > \n> > W2 Recreational Waterways\n> > \n> > W3 Working Waterways\n> > \n> > W4 Working Waterfront\n> \n> **cl 2.1:** Am 2022 (829), Sch 1.5\\[1\\] \\[2\\].","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 (591), Sch 1 \\[1\\]–\\[9\\]; 2016 (592), Sch 1 \\[1\\] \\[2\\]; 2017 (493), Sch 1.1 \\[1\\] \\[2\\]; 2018 (488), Sch 1.1 \\[1\\]; 2019 (137), Sch 6 \\[1\\]; 2020 (102), Sch 1\\[1\\]; 2021 (714), Sch 10.4; 2022 (314), Sch 1; 2022 (343), Sch \\[1\\]–\\[3\\]; 2022 (829), Sch 1.5\\[3\\] \\[4\\]; 2023 (458), Sch 2.20; 2024 (368), Sch 1\\[1\\].\n\nZone RU1 Primary Production\n\nZone RU2 Rural Landscape\n\nZone RU3 Forestry\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 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 W1 Natural Waterways\n\nZone W2 Recreational Waterways\n\nZone W3 Working Waterways\n\nZone W4 Working Waterfront","sortOrder":30},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Agritourism; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat sheds; Cellar door premises; Cemeteries; Community facilities; Crematoria; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Health consulting rooms; Helipads; Intensive livestock agriculture; Intensive plant agriculture; Neighbourhood shops; Open cut mining; Recreation areas; Roads; Roadside stalls; Rural industries; Rural workers’ dwellings; Secondary dwellings; Signage; Veterinary hospitals; Water recreation structures","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":123},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":127},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":141},{"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/clarence-valley-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 SP2 Infrastructure and marked “Local classified 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.\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 of Planning is required to take action to enable the designation of the acquiring authority under this Part. 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 and Infrastructure (see section 21 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022)).","sortOrder":142},{"sectionNumber":"Part 6","sectionType":"part","heading":"Urban release areas","content":"# Part 6 Urban release areas\n\nPart 6 Urban release areas","sortOrder":168},{"sectionNumber":"6","sectionType":"section","heading":"Arrangements for designated State public infrastructure","content":"#### 6 Arrangements for designated State public infrastructure\n\n6.1 Arrangements for designated State public infrastructure\n\n> > (1) The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.\n> \n> > (2) Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.\n> \n> > (3) Subclause (2) does not apply to—\n> > \n> > > (a) any lot identified in the certificate as a residue lot, or\n> > \n> > > (b) any lot to be created by a subdivision on land that was the subject of a previous development consent granted in accordance with this clause, or\n> > \n> > > (c) any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or\n> > \n> > > (d) a subdivision for the purpose only of rectifying an encroachment on any existing lot.\n> \n> > (4) This clause does not apply to land in an urban release area if all or any part of the land is in a region within the meaning of the Act, Division 7.1, Subdivision 4.\n> \n> **cl 6.1:** Am 2019 (621), Sch 5\\[5\\]; 2023 (554), Sch 1.","sortOrder":169},{"sectionNumber":"Part 7","sectionType":"part","heading":"Additional local provisions","content":"# Part 7 Additional local provisions\n\nPart 7 Additional local provisions","sortOrder":173},{"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/clarence-valley-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> > (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 contractual arrangement between the Sugar Milling Cooperative and a grower member of that cooperative for the production of sugar cane for milling is in force in respect of the land when the works are carried out, and\n> > \n> > > (b) 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/clarence-valley-local-environmental-plan-2011), and\n> > \n> > > (c) the works are not carried out on land in Zone C2 Environmental Conservation or Zone C3 Environmental Management or 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, and\n> > \n> > > (d) the works are carried out in accordance with an irrigation and drainage management plan that—\n> > > \n> > > > (i) is prepared in accordance with the NSW Sugar Industry Best Practice Guidelines for Acid Sulfate Soils (2005) approved by the Director-General of the Department of Infrastructure, Planning and Natural Resources on 25 May 2005, and\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> > > > (ii) is endorsed by the Sugar Milling Cooperative as being appropriate for the land.\n> \n> > (8) In this clause—\n> > \n> > Sugar Milling Co-operative means the New South Wales Sugar Milling Co-operative Limited (ACN 051 052 209) or its successor.\n> \n> **cl 7.1:** Am 2017 (195), Sch 1 \\[1\\]; 2018 (106), Sch 2.4 \\[1\\]; 2022 (72), Sch 1.15; 2022 (829), Sch 1.5\\[5\\].","sortOrder":174},{"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 2013 (519), cl 4; 2015 (197), cl 4 (1) (2); 2016 (452), Sch 1 \\[2\\]–\\[4\\]; 2016 (785), cl 4; 2020 (657), cl 5; 2021 (796), cl 5; 2022 (163), cl 4; 2022 (829), Sch 1.5\\[10\\] \\[11\\]; 2025 (345), Sch 1.","sortOrder":186},{"sectionNumber":"2A","sectionType":"section","heading":"Use of certain land at 14 Argyle Street, Maclean","content":"#### 2A Use of certain land at 14 Argyle Street, Maclean\n\n2A Use of certain land at 14 Argyle Street, Maclean\n\n> > (1) This clause applies to the land at 14 Argyle Street, Maclean being Lot 31, DP 627.\n> \n> > (2) Development for the purpose of a recreation facility (indoor) is permitted with development consent.","sortOrder":189},{"sectionNumber":"2B","sectionType":"section","heading":"Use of certain land at 6 McLachlan Street, Maclean","content":"#### 2B Use of certain land at 6 McLachlan Street, Maclean\n\n2B Use of certain land at 6 McLachlan Street, Maclean\n\n> > (1) This clause applies to the land at 6 McLachlan Street, Maclean, being Lot 2, DP 719897.\n> \n> > (2) Development for the purpose of serviced apartments or residential flat buildings is permitted with development consent.","sortOrder":190},{"sectionNumber":"8","sectionType":"section","heading":"Use of certain land at 2 Schwonberg Street, Townsend","content":"#### 8 Use of certain land at 2 Schwonberg Street, Townsend\n\n8 Use of certain land at 2 Schwonberg Street, Townsend\n\n> > (1) This clause applies to Lot 2, DP 634170, 2 Schwonberg Street, Townsend, identified as “E” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/clarence-valley-local-environmental-plan-2011).\n> \n> > (2) Development for the purposes of a single highway service centre is permitted with development consent.","sortOrder":196},{"sectionNumber":"9","sectionType":"section","heading":"Use of certain land at 2 Short Street, Maclean","content":"#### 9 Use of certain land at 2 Short Street, Maclean\n\n9 Use of certain land at 2 Short Street, Maclean\n\n> > (1) This clause applies to Lot 2, DP 366148, 2 Short Street, Maclean.\n> \n> > (2) Development for the purposes of dwelling houses is permitted with development consent.","sortOrder":197},{"sectionNumber":"10","sectionType":"section","heading":"Use of land at 75–79 Spenser Street, Iluka","content":"#### 10 Use of land at 75–79 Spenser Street, Iluka\n\n10 Use of land at 75–79 Spenser Street, Iluka\n\n> > (1) This clause applies to part of Lot 11, DP 1269790, 75–79 Spenser Street, Iluka, identified as “F” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/clarence-valley-local-environmental-plan-2011).\n> \n> > (2) Development for the purposes of hotel or motel accommodation is permitted with development consent.","sortOrder":198},{"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 (343), Sch 1\\[4\\]; 2022 (829), Sch 1.5\\[12\\]–\\[15\\].","sortOrder":199},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Cemeteries or burial grounds","content":"#### sch.2-sec Cemeteries or burial grounds\n\nCemeteries or burial grounds\n\n> > (1) Must only be—\n> > \n> > > (a) the creation of a new grave or monument, or\n> > \n> > > (b) an excavation or disturbance of land for the purpose of carrying out the conservation or repair of a monument or grave marker.\n> \n> > (2) Must not disturb human remains, relics in the form of grave goods or an Aboriginal place of heritage significance.","sortOrder":200},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Home business for manufacture of food products or skin penetration procedures","content":"#### sch.2-sec-oc.2 Home business for manufacture of food products or skin penetration procedures\n\nHome business for manufacture of food products or skin penetration procedures\n\n> > (1) Must not involve building alterations, other than alterations that are exempt development under [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).\n> \n> > (2) Must not result in an increase in the gross floor area of a building.\n> \n> > (3) Must be carried out only in association with an existing lawful dwelling.\n> \n> > (4) Must not result in a change of building classification under the Building Code of Australia.\n> \n> > (5) Must not have a gross floor area that exceeds 50m.","sortOrder":201},{"sectionNumber":"sch.2-sec-oc.3","sectionType":"section","heading":"Signage","content":"#### sch.2-sec-oc.3 Signage\n\nSignage\n\n> > (1) Must not cover mechanical ventilation inlet or outlet vents.\n> \n> > (2) Must relate to a lawful use of the land.\n> \n> > (3) Business identification signs in residential, rural or conservation zones must comply with the following—\n> > \n> > > (a) maximum size—0.75m2,\n> > \n> > > (b) must not be illuminated,\n> > \n> > > (c) only 1 sign per premises or, where there are 2 street frontages, only 2 signs per premises,\n> > \n> > > (d) must be located wholly within property boundaries of the land to which the sign relates, or be flush mounted to the front fence or front wall of a building (so that the sign does not protrude beyond the physical limits of that fence or building).\n> \n> > (4) Business identification signs in Zone E1, E2 or E3 must not be illuminated and must comply with the following—\n> > \n> > > (a) in the case of a suspended under awning sign—\n> > > \n> > > > (i) maximum length—2.5m and maximum height—0.5m, and\n> > > \n> > > > (ii) maximum size—1.5m2, and\n> > > \n> > > > (iii) must be securely fixed by rigid metal supports, and\n> > > \n> > > > (iv) if over a public road, must be at least 2.6m above the ground or pavement level and not to extend beyond awning, and\n> > > \n> > > > (v) only 1 sign per premises,\n> > \n> > > (b) in the case of a flush wall sign—\n> > > \n> > > > (i) maximum size—8m2, and\n> > > \n> > > > (ii) must be securely fixed by rigid metal supports, and\n> > > \n> > > > (iii) must not project above the top of the wall to which it is attached,\n> > \n> > > (c) in the case of a top hamper sign—\n> > > \n> > > > (i) maximum size—2.5m2, and\n> > > \n> > > > (ii) must be securely fixed by rigid metal supports, and\n> > > \n> > > > (iii) must not extend below the level of the head of the doorway or window above which it is attached, and\n> > > \n> > > > (iv) must not be more than 3.7m above the ground level (existing).\n> \n> > (5) Business identification signs in Zone E4 or W4 must comply with the following—\n> > \n> > > (a) maximum size—8m2,\n> > \n> > > (b) must be securely fixed to a building or fence,\n> > \n> > > (c) must not be illuminated.\n> \n> > (6) Directional signs, name plates, community information signs and law enforcement signs erected by public authorities and erected over a public road must be at least 0.6m from the vertical projection of the kerb line, and suspended at least 2.6m above ground level (existing).\n> \n> > (7) Real estate signs advertising that the premises on which they are displayed are for sale or lease must comply with the following—\n> > \n> > > (a) maximum size in residential zones—2.5m2,\n> > \n> > > (b) maximum size in employment zones or Zone W4 Working Waterfront—4.5m2,\n> > \n> > > (c) must be located wholly within the property boundaries of the land to which the sign relates or, if on the footpath, be flush against the property boundary,\n> > \n> > > (d) must not be erected on public land.\n> \n> > (8) Building identification signs must comply with the following—\n> > \n> > > (a) maximum size—0.75m2,\n> > \n> > > (b) must not be illuminated,\n> > \n> > > (c) must be located wholly within the property boundaries of the land to which the sign relates or be flush mounted to the front fence or front wall of a building (so that the sign does not protrude beyond the physical limits of that fence or building),\n> > \n> > > (d) only 1 sign per premises (or, where there are 2 street frontages, only 2 signs per premises).\n> \n> > (9) Temporary signs must comply with the following—\n> > \n> > > (a) maximum size—0.75m2,\n> > \n> > > (b) the sign must not be erected over a public road,\n> > \n> > > (c) where the sign is located on a public road reserve, the placement of the sign must not obstruct vehicular and/or pedestrian passage,\n> > \n> > > (d) the top of the sign must not exceed 2.4m above ground level (existing),\n> > \n> > > (e) must only announce an event of a religious, educational, cultural, political, social or recreational character or relate to a temporary matter in connection with the event,\n> > \n> > > (f) must not include advertising of a commercial nature (except for the name of the event’s sponsor which is not to exceed 25% of the area of the sign),\n> > \n> > > (g) must not be displayed earlier than 28 days before the day on which the event is to take place or commence and must be removed within 14 days after the completion of the event,\n> > \n> > > (h) must not be more than 5 signs per event,\n> > \n> > > (i) the sign must not be fixed to any building or structure without the permission of the owner (including, in the case of public infrastructure, the permission of the relevant authority).\n> \n> > (10) Signs on motor vehicles must comply with the following—\n> > \n> > > (a) the sign must be integral part of the vehicle,\n> > \n> > > (b) the vehicle must be able to be moved lawfully with the sign in place,\n> > \n> > > (c) the vehicle must not be standing unattended on public land only for the purposes of displaying the sign.","sortOrder":202},{"sectionNumber":"sch.2-sec-oc.4","sectionType":"section","heading":"Water recreation structures","content":"#### sch.2-sec-oc.4 Water recreation structures\n\nWater recreation structures\n\n> > (1) Must only be erected on canals and waterways in Yamba that are within Zone R2 Low Density Residential or W2 Recreational Waterways.\n> \n> > (2) Must be structurally adequate.\n> \n> > (3) Jetties (including any pontoons) must have a maximum length of 13m.\n> \n> > (4) Pontoons must have a maximum width of 8m.","sortOrder":203},{"sectionNumber":"sch.2-sec-oc.5","sectionType":"section","heading":"Waste storage containers (such as a skip bins) on public land","content":"#### sch.2-sec-oc.5 Waste storage containers (such as a skip bins) on public land\n\nWaste storage containers (such as a skip bins) on public land\n\n> > (1) Only 1 container per property.\n> \n> > (2) Maximum length—3m.\n> \n> > (3) Must be subject to a minimum of $10 million public liability or risk insurance cover.\n> \n> > (4) Maximum of 14 days for container to be on public land, from the date of placement.","sortOrder":204},{"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":205},{"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":208},{"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 2014 (671), cl 4 (1) (2); 2017 (3), cl 5; 2018 (250), cl 5; 2019 (183), Sch 1; 2021 (530), cl 4; 2022 (659), cl 4; 2024 (146), Sch 1; 2024 (184), Sch 1.","sortOrder":209},{"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 2012 (519), Sch 1 \\[1\\] \\[2\\]; 2013 No 47, Sch 2.6; 2014 (33), Sch 1 \\[1\\]–\\[4\\]; 2015 (198), cl 5; 2017 (195), Sch 1 \\[2\\]–\\[11\\]; 2018 (206), cl 5 (1)–(4); 2020 (4), cl 5(1) (2); 2020 (782), Sch 1\\[1\\] \\[2\\]; 2022 (343), Sch 1\\[5\\]–\\[14\\]; 2024 (368), Sch 1\\[4\\] \\[5\\].","sortOrder":213},{"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":216},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":218},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":220},{"sectionNumber":"11","sectionType":"section","heading":"Culture water","content":"#### 11 Culture water\n\n11 Culture water\n\n> Must use freshwater.","sortOrder":233}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Plan began as a consolidated local environmental plan replacing a number of older local LEPs (cl 1.8). Over time it has been substantially extended through amendments to incorporate detailed, topic‑specific controls beyond basic zoning: examples include invasive additions such as up-to-date flood planning and special flood considerations (cl 5.21–5.22, substituted 2023), expanded aquaculture rules and schedules (cl 5.19 and Schedule 6), community title/minimum lot size rules (cl 4.1AA), specific workforce and rural-worker accommodation controls (cl 7.11, cl 7.10), and the suspension-of-covenants power (cl 1.9A). It also now contains a very large, detailed heritage inventory (Schedule 5) and many site-specific permitted use clauses (Schedule 1). These additions expand the instrument from a zoning-and-standards plan into a densely prescriptive regulatory instrument that integrates modern hazard, environmental and infrastructure sequencing requirements and grants a mix of targeted permissions to particular parcels. The effect is a materially broader operational scope than a simple zoning plan: the Plan now embeds specific environmental hazard policy, prescriptive technical requirements, and parcel-by-parcel entitlements and time-limited permissions."},"complexity_factors":["Extensive use of map-based controls (zoning, lot size, height, heritage, flood, coastal risk, acid sulfate soils, earthworks exclusion) requiring spatial cross-checks (multiple clauses reference maps: cl 1.7, cl 2.2, cl 4.1, cl 4.3, cl 5.10, cl 7.1, cl 7.2, cl 7.5, etc.)","Large Land Use Table covering 20+ zone types with distinct permitted, permitted-with-consent and prohibited lists (Part 2 and Land Use Table)","Many schedules and annexes with site-specific permissions, exempt and complying development lists, and detailed technical requirements (Schedules 1–6, Schedule 5 heritage list is extensive)","Numerous cross-references to multiple State Acts, SEPPs and technical guidelines (e.g. Heritage Act 1977, Fisheries Management Act, Coastal Management Act, Flood Risk Management Manual, BASIX rules)","Layered exceptions and nested qualifications (e.g. minimum lot size clauses 4.1, 4.1AA, 4.1A, 4.1B; exceptions to development standards cl 4.6 with exclusions and record-keeping obligations)","Multiple conditional pathways: exempt vs complying vs development consent, plus site-specific additional permitted uses and urban release area conditions (Part 3, Part 6, Sched 1)","Specialist technical triggers (heritage management plans, acid sulfate soils plans, flood/coastal risk assessments, aquaculture plans) increase procedural complexity (cl 5.10, cl 7.1, cl 5.21, cl 5.19)","Repeated legislative amendments and insertion of modern hazard/climate provisions (e.g. flood planning and probable maximum flood in cl 5.21–5.22), increasing interpretive complexity"],"plain_english_summary":"**What this instrument does (mechanics first)\n\n- It is a local environmental plan that applies to land in the Clarence Valley area and sets the legal framework for land use and development on that land (cl 1.3). It is implemented by maps (zoning, lot size, height, heritage, etc.) that are part of the Plan (cl 1.7).\n\n- The Plan divides land into zones (e.g. RU1 Primary Production, R1 General Residential, E2 Commercial Centre, C2 Environmental Conservation, W4 Working Waterfront) and, for each zone, lists:\n  - zone objectives; and\n  - what development is permitted without consent, permitted only with development consent, and what is prohibited (Land Use Table; cl 2.1, cl 2.3). \n\n- It sets the process and standards for development approvals: who decides (the Council is the consent authority subject to the Act — cl 1.6), when development consent is required (e.g. subdivision, demolition, most new buildings — cl 2.6, cl 2.7), and when development is exempt or can be approved as complying development (Part 3, cl 3.1–3.3 and Schedules 2–3).\n\n- The Plan contains a set of principal standards and local controls that directly affect projects, including minimum lot sizes and exceptions (cl 4.1, 4.1A, 4.1B), controls on strata and community title subdivisions (cl 4.1AA, 4.2C), building height (cl 4.3), and a clause allowing limited departures from standards where planning grounds exist (exceptions clause cl 4.6).\n\n- It includes many specialty/case-specific controls tying development to environmental or infrastructure constraints: flood planning and special flood considerations (cl 5.21–5.22), coastal risk planning (cl 7.5), acid sulfate soils (cl 7.1), earthworks (cl 7.2), riverbank erosion (cl 7.6), drinking water catchment protection (cl 7.7), heritage controls (cl 5.10 and Schedule 5), aquaculture rules (cl 5.19 and Schedule 6), and controls for rural uses (numerous clauses in Part 4 and Part 7).\n\n- The Plan makes administrative arrangements: it repeals previous local environmental plans applying to the area (cl 1.8), preserves savings for development applications lodged before commencement (cl 1.8A), identifies the relevant State authority for owner-initiated acquisition (cl 5.1), and allows the Council to classify/reclassify public land (cl 5.2 and Schedule 4).\n\n- It also contains some enabling and limiting provisions with practical effects: temporary uses of land (28 days cap — cl 2.8), a suspension rule that (to a limited extent) lifts private covenants that conflict with the Plan (cl 1.9A), and an explicit rule that consent must not be refused on certain music/entertainment grounds for licensed premises if noise can be managed (cl 5.20).\n\nWhy it matters (official aims then practical implications)\n\n- Officially the Plan is intended to implement local planning objectives such as protecting agricultural land, conserving environmental and cultural heritage, providing housing (including affordable housing), defining retail/industrial hierarchies, and protecting infrastructure and flood-prone areas (cl 1.2).\n\n- Practically, the Plan determines what owners can do with land (use rights), whether a development application or a simpler certificate is needed, the technical standards developments must meet (lot sizes, heights, floor area limits for certain uses), and the approval information the Council will require (e.g. heritage management documents, acid sulfate soils management plans, flood risk assessments).\n\nWho this affects\n\n- Private landowners and prospective buyers: their property rights and future development options are constrained or enabled by the zone, lot size map and specific schedules (cl 2.2, cl 4.1, Sched 1).\n- Developers, builders and businesses: the Plan sets permissible uses, limits (floor areas for shops, kiosks, B&Bs, outlets — cl 5.4), and triggers for development consents and approvals.\n- The Council (consent authority) and State agencies: the Plan allocates decision-making responsibilities, referral/notice requirements for heritage or State infrastructure matters, and identifies which State body may acquire reserved land (cl 1.6, cl 5.1, cl 5.10(7)–(9)).\n- Tenants, neighbours and local communities: the Plan governs amenity issues (noise, heritage, scenic and environmental protections, flood risk) that affect community outcomes.\n\nKey compliance and administrative features that change behaviour or impose costs\n\n- Consent burden and information requirements: many developments require a development application with specific technical studies (heritage management plans cl 5.10(5)–(6); acid sulfate soils management plans cl 7.1(3); flood and coastal risk assessments cl 5.21–5.22). That raises up-front compliance costs and professional fees.\n\n- Limits on subdivision and dwelling entitlements: minimum lot sizes, exceptions for certain split-zoned lots, restrictions on creating additional dwelling entitlements (clauses 4.1, 4.1A, 4.1B, 4.2B, 4.2C) constrain how landowners can extract value through subdivision or strata titling.\n\n- Environmental and hazard constraints: flood planning, coastal risk, riverbank erosion, acid sulfate soils and drinking water catchment protections (cl 5.21, cl 5.22, cl 7.6, cl 7.1, cl 7.7) can preclude or greatly condition development in affected areas and require mitigation or relocation provisions.\n\n- Discretion and flexibility: cl 4.6 permits the consent authority to accept a contravention of a development standard where the applicant demonstrates it is unreasonable or unnecessary to comply, but the clause lists exclusions and limits (notably for certain rural subdivisions). This grants discretionary power to the Council but includes record-keeping requirements (cl 4.6(3)–(4)).\n\n- Some deregulatory elements: exempt and complying development paths (Part 3 and Schedules 2–3) reduce approval time/cost for low-impact works; Schedule 2 lists locally specific exempt items (e.g. small signs, jetties in Yamba, skip bins on public land subject to conditions).\n\nTrade-offs, incentives and implementation risks (brief testing of purpose-claims)\n\n- Preservation vs development opportunity cost: minimum lot sizes, heritage listings (Schedule 5) and environmental constraints protect public goods (scenic, ecological and cultural values — cl 1.2, cl 5.10, cl 7.1) but limit private development opportunities and reduce potential densification or subdivision-derived gains.\n\n- Concentrated benefits and targeted permissions: Schedule 1 contains site‑specific additional permitted uses (e.g. seniors housing at 206 Arthur Street, Grafton — Sch 1 cl 1). Those deliver concentrated benefits to particular landowners while imposing no general entitlement change for others; they require careful transparency and justification.\n\n- Administrative costs and uncertainty for applicants: the Plan relies on many external technical guides and other instruments (State Environmental Planning Policies, Basin/Coastal/Flood guidelines, Fisheries/Aquaculture plans). That can increase the complexity of applications and create dependence on up-to-date maps and guidance (see cl 1.7, cl 5.21(4)–(5), cl 5.19(7)).\n\n- Discretionary decision-making and capture risk: broad consent powers (e.g. cl 2.3(2), cl 4.6) mean Council judgement is central. That enables adaptable outcomes but raises risk that decisions vary between applicants and over time; the Plan partially mitigates this by prescribing matters the consent authority must consider in many clauses.\n\n- Infrastructure sequencing and developer obligations in urban release areas: Part 6 requires infrastructure arrangements and development control plans prior to intensive subdivision (cl 6.1–6.3). That shifts the timing and cost of infrastructure provision and can constrain piecemeal development until servicing is arranged.\n\nPractical red flags for users (what to check before acting)\n\n- Which map controls apply to your parcel (zoning, lot size, heritage, flood, acid sulfate soils, coastal risk, earthworks exclusion)? See cl 1.7 and the various map references.\n- Whether a proposed use is listed as permitted without consent, permitted with consent, or prohibited in the Land Use Table for the zone (cl 2.3 and the Land Use Table in Part 2).\n- If the land is within an environmentally sensitive area, coastal risk area, flood planning area or has heritage listing — extra approvals, notifications and mitigation will be required (cl 3.3, cl 5.21, cl 5.10, cl 7.5).\n- Whether an application needs specialist plans: acid sulfate soils management plan (cl 7.1), heritage management document (cl 5.10(5)), aquaculture industry development plan compliance (cl 5.19), flood risk modelling (cl 5.21), or infrastructure certification for urban release areas (cl 6.1).\n\nPrimary legal references inside the Plan: see clauses 1.2 (aims), 1.6 (consent authority), 2.1–2.3 (zones & uses), 3.1–3.3 (exempt/complying development), 4.1–4.6 (subdivision & development standards), 5.10 (heritage), 5.19–5.22 (aquaculture and flood planning), and Part 6 (urban release infrastructure and DCP requirements)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":653},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a comprehensive local environmental plan for Clarence Valley. While it has been amended multiple times (as evidenced by amendment notes), these appear to be incremental updates rather than fundamental scope expansion. The core structure covering zoning, development controls, heritage, and environmental safeguards remains intact."},"complexity_factors":["22 separate land use zones with detailed permitted/prohibited use tables","Extensive cross-referencing to State Environmental Planning Policies and other legislation","Multiple overlapping controls for rural subdivision (clauses 4.1, 4.1AA, 4.1A, 4.1B, 4.2, 4.2A, 4.2B, 4.2C, 4.2D)","Heritage schedule with 1000+ individually listed heritage items across the region","Numerous site-specific provisions in Schedule 1 for particular parcels of land","Environmental hazard overlays (flood, acid sulfate soils, coastal risk, riverbank erosion) each with separate assessment requirements","Detailed aquaculture controls with technical operational requirements in Schedule 6","Multiple amendment history notes throughout indicating evolving provisions"],"plain_english_summary":"**What this Plan does**\n\nThis is the main planning rulebook for Clarence Valley, a local government area on the NSW North Coast. It controls what can be built where, and how land can be used across the region.\n\n**Key things it covers:**\n\n- **Land zones**: Divides the area into 22 different zones — from rural farmland (Primary Production, Rural Landscape) to residential areas (General, Low Density, Medium Density), commercial centres, industrial areas, conservation zones, and waterways\n\n- **What development needs approval**: Sets out which uses need council permission (development consent), which don't, and which are banned entirely in each zone. For example, in rural zones you can often farm without approval, but need consent to build dwellings\n\n- **Heritage protection**: Lists hundreds of heritage items (old buildings, sites, trees) and 13 heritage conservation areas in towns like Grafton, Maclean, Yamba and Ulmarra that have special protection\n\n- **Environmental safeguards**: Special rules for flood-prone land, acid sulfate soils, coastal risks, drinking water catchments, and riverbank erosion\n\n- **Rural subdivision controls**: Complex rules limiting how rural land can be divided up, with minimum lot sizes and restrictions to prevent scattered rural housing\n\n- **Specific local rules**: Extra controls for things like workforce accommodation, farm stay tourism, function centres in rural areas, and rural workers' housing\n\n**Who it affects**\n\nAnyone wanting to build, subdivide, change land use, or develop property in Clarence Valley. The Council is the consent authority for most decisions.\n\n**Why it matters**\n\nThe Plan tries to balance competing needs: protecting farmland and the environment, managing growth in towns, supporting tourism and local business, preserving heritage, and dealing with natural hazards like flooding and coastal erosion."},"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 December 2011 but has been amended more than 70 times over 14 years. While the core purpose — land use planning for the Clarence Valley — remains unchanged, the specific rules, zone boundaries, permitted land uses, and development standards have evolved significantly through repeated amendments. This is typical for LEPs, which are living documents updated to reflect new development proposals, state government policy changes, and community needs."},"complexity_factors":["Extremely high amendment frequency — over 70 separate versions since 2011, meaning the current rules differ substantially from the original and tracking changes is difficult","Operates under the NSW standard instrument LEP framework, which itself is a complex technical legal structure requiring knowledge of the Environmental Planning and Assessment Act 1979","Covers an entire local government area with diverse land uses — urban, rural, coastal, industrial, heritage — each with different rules","Zoning tables and land use definitions require cross-referencing multiple provisions and maps to determine what applies to any specific property","Interacts with State Environmental Planning Policies (SEPPs) and other overlapping legislation, meaning the LEP alone does not tell the whole story","Only metadata and version history is provided in this excerpt — the actual substantive provisions (zones, height limits, permitted uses) are not visible, making full analysis impossible without the complete document","Heritage, flood, bushfire, and coastal overlays add layers of additional controls on top of base zoning"],"plain_english_summary":"The Clarence Valley Local Environmental Plan 2011 is the legally binding planning rulebook for land use and development across Clarence Valley. It sets zoning and what uses are allowed, controls building size and placement, protects heritage and sensitive environments, and governs subdivision and hazard-related constraints.\n\nIt affects property owners, buyers, developers, farmers and businesses — anyone wanting to build, change use, or subdivide land — and is the starting point for approvals. Originally made in 2011, it has been frequently amended since."}},"importantCases":[],"_links":{"self":"/api/acts/clarence-valley-local-environmental-plan-2011","history":"/api/acts/clarence-valley-local-environmental-plan-2011/history","analysis":"/api/acts/clarence-valley-local-environmental-plan-2011/analysis","conflicts":"/api/acts/clarence-valley-local-environmental-plan-2011/conflicts","importantCases":"/api/acts/clarence-valley-local-environmental-plan-2011/important-cases","documents":"/api/acts/clarence-valley-local-environmental-plan-2011/documents"}}