{"id":"nsw:epi-2013-0614","name":"Cooma-Monaro Local Environmental Plan 2013","slug":"cooma-monaro-local-environmental-plan-2013","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"614 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181249,"registerId":"nsw-nsw:epi-2013-0614-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 [Cooma-Monaro Local Environmental Plan 2013](/view/html/inforce/current/epi-2013-0614).","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Permitted or prohibited development","content":"# Part 2 Permitted or prohibited development\n\nPart 2 Permitted or prohibited development","sortOrder":13},{"sectionNumber":"2","sectionType":"section","heading":"Land use zones","content":"#### 2 Land use zones\n\n2.1 Land use zones\n\n> The land use zones under this Plan are as follows—\n> \n> > Rural Zones\n> \n> > RU1 Primary Production\n> > \n> > RU3 Forestry\n> > \n> > RU5 Village\n> \n> > Residential Zones\n> \n> > R1 General Residential\n> > \n> > R2 Low 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> > Mixed Use Zones\n> \n> > MU1 Mixed Use\n> \n> > Special Purpose Zones\n> \n> > SP2 Infrastructure\n> \n> > Recreation Zones\n> \n> > RE1 Public Recreation\n> > \n> > RE2 Private Recreation\n> \n> > Conservation Zones\n> \n> > C1 National Parks and Nature Reserves\n> > \n> > C2 Environmental Conservation\n> > \n> > C3 Environmental Management\n> > \n> > C4 Environmental Living\n> \n> **cl 2.1:** Am 2022 (831), Sch 1.6\\[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 2017 (493), Sch 1.1 \\[1\\]; 2018 (488), Sch 1.1 \\[1\\]; 2019 (137), Sch 6 \\[1\\]; 2021 (714), Sch 10.6; 2022 (314), Sch 1; 2022 (831), Sch 1.6\\[2\\] (am 2023 (82), Sch 1.5\\[3\\]).\n\nZone RU1 Primary Production\n\nZone RU3 Forestry\n\nZone RU5 Village\n\nZone R1 General Residential\n\nZone R2 Low 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 MU1 Mixed Use\n\nZone SP2 Infrastructure\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> Aquaculture; Building identification signs; Cellar door premises; Dual occupancies; Dwelling houses; Extractive industries; Farm buildings; Intensive livestock agriculture; Intensive plant agriculture; Office premises; Open cut mining; Roads; Roadside stalls; Rural workers’ dwellings; Secondary dwellings; Any other development not specified in item 2 or 4","sortOrder":33},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Amusement centres; Boat building and repair facilities; Charter and tourism boating facilities; Commercial premises; Exhibition villages; Health services facilities; Industrial retail outlets; Jetties; Local distribution premises; Marinas; Mooring pens; Mortuaries; Public administration buildings; Residential accommodation; Sex services premises; Signage; Storage premises; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Water recreation structures; Wholesale supplies","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":103},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":107},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":123},{"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/cooma-monaro-local-environmental-plan-2013) (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).\n> > \n> > | Type of land shown on Map | Authority of the State |\n> > | Zone RE1 Public Recreation and marked “Local open space” | Council |\n> > | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |\n> > | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |\n> > | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |\n> \n> > (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":124},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":150},{"sectionNumber":"6","sectionType":"section","heading":"Earthworks","content":"#### 6 Earthworks\n\n6.1 Earthworks\n\n> > (1) The objective of this clause is to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.\n> \n> > (2) Development consent is required for earthworks unless—\n> > \n> > > (a) the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or\n> > \n> > > (b) the earthworks are ancillary to development that is permitted without consent under this Plan or to development for which development consent has been given.\n> \n> > (3) Before granting development consent for earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters—\n> > \n> > > (a) the likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development,\n> > \n> > > (b) the effect of the development on the likely future use or redevelopment of the land,\n> > \n> > > (c) the quality of the fill or the soil to be excavated, or both,\n> > \n> > > (d) the effect of the development on the existing and likely amenity of adjoining properties,\n> > \n> > > (e) the source of any fill material and the destination of any excavated material,\n> > \n> > > (f) the likelihood of disturbing relics,\n> > \n> > > (g) the proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area,\n> > \n> > > (h) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.\n> \n> Note.\n> \n> The [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), particularly section 86, deals with harming Aboriginal objects.","sortOrder":151},{"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)","sortOrder":163},{"sectionNumber":"sch.1-sec","sectionType":"section","heading":"Use of certain land on the Monaro Highway, Nimmitabel","content":"#### sch.1-sec Use of certain land on the Monaro Highway, Nimmitabel\n\nUse of certain land on the Monaro Highway, Nimmitabel\n\n> > (1) This clause applies to land at Monaro Highway, Nimmitabel, being Lots 179–183 and 185–189, DP 756849 and Lot 1, DP 248788.\n> \n> > (2) Development for the purpose of a waste or resource transfer station is permitted with development consent.","sortOrder":164},{"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 (831), Sch 1.6\\[8\\]–\\[18\\].","sortOrder":165},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Advertising signs","content":"#### sch.2-sec Advertising signs\n\nAdvertising signs\n\n> > (1) Must be located in Zone RU5, R1, E1, E2, E3, E4, MU1, SP2 or RE2.\n> \n> > (2) Maximum area—\n> > \n> > > (a) if located on land in Zone E4 General Industrial or Zone SP2 Infrastructure—1.5m2, or\n> > \n> > > (b) if located on land in any other zone—1m2.\n> \n> > (3) Must not be illuminated.\n> \n> > (4) Maximum 1 sign per premises.\n> \n> > (5) Must be related to a lawful use carried out on the land on which the sign is located.\n> \n> > (6) If mounted to the front fence or front wall of a building, must not protrude beyond the physical limits of that fence or building.\n> \n> > (7) Must not be located on public land.\n> \n> > (8) Must not be located on or in, or in relation to, a heritage item or in a heritage conservation area.","sortOrder":166},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Advertising structures","content":"#### sch.2-sec-oc.2 Advertising structures\n\nAdvertising structures\n\n> > (1) Must be located on land in an employment or mixed use zone, Zone SP2 Infrastructure or Zone RE2 Private Recreation.\n> \n> > (2) Must not be erected on or above a roof line.\n> \n> > (3) Maximum height—2m.\n> \n> > (4) Maximum area—1m2.\n> \n> > (5) Must be constructed in accordance with an engineer’s certification for the structure and footings.\n> \n> > (6) Must not be illuminated.\n> \n> > (7) Must be constructed of weather-proof material.\n> \n> > (8) Maximum 1 structure per premises.\n> \n> > (9) Must not be erected on public land.\n> \n> > (10) Must not be located on or in, or in relation to, a heritage item or in a heritage conservation area.","sortOrder":167},{"sectionNumber":"sch.2-sec-oc.3","sectionType":"section","heading":"Building identification signs","content":"#### sch.2-sec-oc.3 Building identification signs\n\nBuilding identification signs\n\n> > (1) Must be located on land in an employment or mixed use zone, Zone RU1 Primary Production, Zone RU5 Village, Zone R1 General Residential, Zone SP2 Infrastructure or Zone RE2 Private Recreation.\n> \n> > (2) Maximum area—\n> > \n> > > (a) if located on land in Zone SP2 Infrastructure, Zone E4 General Industrial or Zone RE2 Private Recreation—1.5m2, or\n> > \n> > > (b) if located on land in any other zone—1m2.\n> \n> > (3) Must not be illuminated.\n> \n> > (4) Maximum 1 sign per premises.\n> \n> > (5) Must relate to a lawful use carried out on the land.\n> \n> > (6) If mounted to the front fence or front wall of a building, must not protrude beyond the physical limits of that fence or building.\n> \n> > (7) Must not be located on public land.\n> \n> > (8) Must not be located on or in, or in relation to, a heritage item or in a heritage conservation area.","sortOrder":168},{"sectionNumber":"sch.2-sec-oc.4","sectionType":"section","heading":"Business identification signs","content":"#### sch.2-sec-oc.4 Business identification signs\n\nBusiness identification signs\n\n> > (1) Maximum area—1m2.\n> \n> > (2) Must not be illuminated or flashing.\n> \n> > (3) May be either a shop window sign, under awning sign or front awning sign.\n> \n> > (4) Maximum 1 sign per premises.\n> \n> > (5) Must relate to a lawful use carried out on the land.\n> \n> > (6) If flush-mounted to the front fence or front wall of a building, must not protrude beyond the physical limits of that fence or building.\n> \n> > (7) Must not be located on public land.\n> \n> > (8) If there is no awning on the premises, no sign is to be extended more than 4.6m above ground level.\n> \n> > (9) Signs attached to an awning must be at least 2.7m above ground level (existing).\n> \n> > (10) Shop front signs must not cover more than 25% of the facade.\n> \n> > (11) Must not cover mechanical ventilation inlet or outlet vents.\n> \n> > (12) Must not be located on or in, or in relation to, a heritage item or in a heritage conservation area.","sortOrder":169},{"sectionNumber":"sch.2-sec-oc.5","sectionType":"section","heading":"External lighting","content":"#### sch.2-sec-oc.5 External lighting\n\nExternal lighting\n\n> > (1) Must not be for the lighting of private tennis courts or sports fields.\n> \n> > (2) Must not cause glare to adjoining properties or street.\n> \n> > (3) Must not be a permanent free-standing structure.\n> \n> > (4) Maximum height—3m.","sortOrder":170},{"sectionNumber":"sch.2-sec-oc.6","sectionType":"section","heading":"Farm dams in Zone RU1","content":"#### sch.2-sec-oc.6 Farm dams in Zone RU1\n\nFarm dams in Zone RU1\n\n> > (1) Must be 1ML or less in capacity.\n> \n> > (2) Must contain a means of managing water overflow.\n> \n> > (3) Must be a minimum of 50m from any property boundary.\n> \n> > (4) Must not involve works within 40m of the banks of a named watercourse.\n> \n> > (5) Must not contain a spillway more than 1m in height.\n> \n> > (6) Must comply with the [Water Management Act 2000](/view/html/inforce/current/act-2000-092).","sortOrder":171},{"sectionNumber":"sch.2-sec-oc.7","sectionType":"section","heading":"Inflatable signs (balloons and blimps) in employment or mixed use zones","content":"#### sch.2-sec-oc.7 Inflatable signs (balloons and blimps) in employment or mixed use zones\n\nInflatable signs (balloons and blimps) in employment or mixed use zones\n\n> > (1) Must not be attached to the roof or parapet of a building.\n> \n> > (2) Must be securely fixed to the ground.\n> \n> > (3) Maximum height—3m.\n> \n> > (4) Must not be inflated with flammable or explosive gases.\n> \n> > (5) Maximum 1 per business.","sortOrder":172},{"sectionNumber":"sch.2-sec-oc.8","sectionType":"section","heading":"Outdoor dining areas","content":"#### sch.2-sec-oc.8 Outdoor dining areas\n\nOutdoor dining areas\n\n> > (1) Must be located at least 3m from any road.\n> \n> > (2) Must be located within 2m of property boundary.\n> \n> > (3) Outdoor furniture must not result in the approved seating capacity of the premises being exceeded.\n> \n> > (4) Must not extend beyond the frontage of the premises to which it relates.\n> \n> > (5) Must not be fixed or fastened to the footpath or building.\n> \n> > (6) Outdoor furniture and other equipment such as umbrellas, umbrella stands, pot plants and barriers used to define the seating area must be removed at close of business each day.\n> \n> > (7) Must be located on sealed footpath.\n> \n> Note.\n> \n> Approval is also required under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) and under the [Roads Act 1993](/view/html/inforce/current/act-1993-033) if the road is a classified road.","sortOrder":173},{"sectionNumber":"sch.2-sec-oc.9","sectionType":"section","heading":"Property address signs","content":"#### sch.2-sec-oc.9 Property address signs\n\nProperty address signs\n\n> > (1) Maximum area—\n> > \n> > > (a) if located on land in a residential zone—0.5m2, or\n> > \n> > > (b) if located on land in any other zone—1m2.\n> \n> > (2) Maximum height—\n> > \n> > > (a) if located on land in Zone E4—2m, or\n> > \n> > > (b) if located on land in any other zone—1.8m.\n> \n> > (3) If located on land in a residential, rural or conservation zones—must not be illuminated.\n> \n> > (4) If mounted to front fence or front wall of building, must not protrude beyond the physical limits of that fence or building.\n> \n> > (5) Maximum 1 sign per premises.","sortOrder":174},{"sectionNumber":"sch.2-sec-oc.10","sectionType":"section","heading":"Pylon signs (employment or mixed use zones)","content":"#### sch.2-sec-oc.10 Pylon signs (employment or mixed use zones)\n\nPylon signs (employment or mixed use zones)\n\n> > (1) Must not be illuminated or flashing.\n> \n> > (2) Maximum area—2m2.\n> \n> > (3) Maximum height—4m.\n> \n> > (4) Maximum 1 sign per premises.\n> \n> > (5) Must relate to a lawful use carried out on the land.\n> \n> > (6) Must not be located on public land.\n> \n> > (7) Must be installed in accordance with the manufacturer’s specifications.","sortOrder":175},{"sectionNumber":"sch.2-sec-oc.11","sectionType":"section","heading":"Real estate signs (advertising premises for sale or lease)","content":"#### sch.2-sec-oc.11 Real estate signs (advertising premises for sale or lease)\n\nReal estate signs (advertising premises for sale or lease)\n\n> > (1) Maximum area—\n> > \n> > > (a) if located on land in a residential, rural or conservation zone—2m2, or\n> > \n> > > (b) if located on land in an employment or mixed use zone—4m2.\n> \n> > (2) Maximum 2 signs per premises.\n> \n> > (3) Maximum 1 sign at frontage of premises.\n> \n> > (4) Must be removed within 7 days of sale or lease of premises.","sortOrder":176},{"sectionNumber":"sch.2-sec-oc.12","sectionType":"section","heading":"Temporary signs for religious, educational, cultural, political, social or recreational events","content":"#### sch.2-sec-oc.12 Temporary signs for religious, educational, cultural, political, social or recreational events\n\nTemporary signs for religious, educational, cultural, political, social or recreational events\n\n> > (1) Must not include commercial advertising apart from name of event sponsor.\n> \n> > (2) Must not be displayed earlier than 21 days before, or later than 7 days after, the event.\n> \n> > (3) Must not be taped to poles, hoardings or buildings.\n> \n> > (4) Must be bunting or a banner or poster.\n> \n> > (5) Must be securely fixed and not impede the movement of vehicles and/or pedestrians.","sortOrder":177},{"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":178},{"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":181},{"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 2021 (511), cl 4.\n\n**Maps:** Am 2014 (344), cl 4; 2016 (247), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.","sortOrder":182},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Environmental heritage","content":"# Schedule 5 Environmental heritage\n\nSchedule 5 Environmental heritage\n\n(Clause 5.10)","sortOrder":186},{"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":190},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":192},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":194},{"sectionNumber":"7","sectionType":"section","heading":"Conservation exclusion zones","content":"#### 7 Conservation exclusion zones\n\n7 Conservation exclusion zones\n\n> > (1) Must not be carried out on the following land, except to the extent necessary to gain access to water—\n> > \n> > > (a) land declared an area of outstanding biodiversity value under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063),\n> > \n> > > (b) vacant Crown land,\n> > \n> > > (c) land within a wetland of international significance declared under the Ramsar Convention on Wetlands.\n> \n> Note.\n> \n> Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.","sortOrder":202},{"sectionNumber":"8","sectionType":"section","heading":"Flood liability","content":"#### 8 Flood liability\n\n8 Flood liability\n\n> Must be designed or constructed on land so that it will not be inundated by the discharge of a 1:100 ARI (average recurrent interval) flood event.","sortOrder":203},{"sectionNumber":"9","sectionType":"section","heading":"Species selection","content":"#### 9 Species selection\n\n9 Species selection\n\n> Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).","sortOrder":205},{"sectionNumber":"10","sectionType":"section","heading":"Pond design","content":"#### 10 Pond design\n\n10 Pond design\n\n> > (1) Must not require the construction of new ponds, water storages, dams or buildings.\n> \n> > (2) Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.\n> \n> > (3) Must be capable of preventing the escape of stock into natural waterbodies or wetlands.","sortOrder":206},{"sectionNumber":"11","sectionType":"section","heading":"Culture water","content":"#### 11 Culture water\n\n11 Culture water\n\n> Must use freshwater.","sortOrder":207}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"This Plan consolidates and replaces earlier local environmental plans for the Council area (cl 1.8) and has been incrementally amended to implement contemporary State policies (for example flood planning and biodiversity overlays). Those additions make the instrument more detailed and technically targeted, but they implement and refine the Plan’s original stated aims (environmental protection, orderly and economic land use, heritage conservation — cl 1.2) rather than expanding its fundamental purpose. In short: scope has been broadened in technical detail and overlays to reflect later State policy and practical implementation needs, but not grown significantly beyond the Plan’s original objectives."},"complexity_factors":["Extensive Land Use Table with 16 distinct zones and detailed permitted/consent/prohibited lists (cl 2.1–2.3, Land Use Table).","Multiple legally‑operative maps referenced across the Plan (Land Zoning Map, Lot Size Map, Height of Buildings Map, Floor Space Ratio Map, Terrestrial Biodiversity Map, Groundwater Vulnerability Map, Riparian Land Map, Wetlands Map, Scenic Protection Map, Heritage Map, Land Reservation Acquisition Map) (cl 1.7; many clauses).","Long Schedule 5 listing heritage items and conservation areas with item numbers up to I257 (Schedule 5; cl 5.10) — substantial site‑specific detail.","Numerous site‑specific numeric standards and thresholds scattered through Schedules and clauses (minimum lot areas, maximum gross floor areas for retail, signage size and height limits, aquaculture and livestock capacity thresholds) (cl 4.1; cl 4.1A; cl 4.4A; Schedule 2; cl 5.18; cl 5.19).","Many conditional rules and nested exceptions (e.g. clauses 4.1AA, 4.1A, 4.1B, 4.1C, 4.2A, 4.2B, 4.2D) creating layered eligibility tests for subdivision and dwellings.","Cross‑references to multiple State Acts and SEPPs and dependency on external technical guidelines (SEPPs, Flood Risk Management Manual, Considering Flooding Guideline, Fisheries/Aquaculture plans) (cl 1.9; cl 5.21; cl 5.19).","Discretionary exception power with procedural requirements that add assessment complexity (cl 4.6 — need to demonstrate unreasonable/unnecessary compliance and environmental planning grounds).","Multiple amendment insertions and repeals noted in text indicate evolving content and reliance on current consolidated versions (amendment notes throughout), increasing interpretive complexity for historical / transitional cases.","Local exceptions and special local provisions (Schedules 1–6, e.g. Schedule 1 additional permitted uses, Schedule 6 aquaculture technical requirements) increase the instrument’s technical density."],"plain_english_summary":"**What this Plan does (mechanics first)**\n\n- Sets the law for how land in the Cooma‑Monaro area may be used and developed by dividing the area into zones and attaching rules to each zone (what’s permitted, what needs Council consent, what’s prohibited) (cl 2.1–2.3, Land Use Table).  \n- Identifies and maintains a set of maps that locate zoning, lot sizes, building heights, floor space ratios and many special-overlay areas (for example biodiversity, riparian land, wetlands, scenic protection, heritage) and makes those maps part of how the Plan operates (cl 1.7; various map references throughout Parts 4 and 6).  \n- Establishes the processes by which development is assessed: which development is exempt (no consent needed), which is complying development (can be approved under a certificate), and which requires a development application and consent from Council (Part 3; cl 3.1–3.3).  \n- Imposes a suite of development standards and local controls (minimum lot sizes, subdivision rules, building heights, floor space ratios, signage and retail area caps, etc.) and provides a discretionary exception pathway where the consent authority can allow a contravention if particular tests are met (cl 4.1; 4.3–4.6; cl 5.4).  \n- Adds targeted local provisions addressing heritage protections, environmental safeguards (terrestrial biodiversity, groundwater, riparian land, wetlands), flood planning and special uses such as aquaculture and intensive livestock (Part 6; cl 5.10; cl 6.3–6.7; cl 5.21; cl 5.18; cl 5.19/Schedule 6).  \n- Lists and protects heritage items, conservation areas and Aboriginal places and makes many heritage works subject to development consent (Schedule 5; cl 5.10).  \n- Repeals earlier local LEPs that applied to the same land and consolidates local planning controls for the Council area (cl 1.8).  \n\n**Who is directly affected**\n\n- Landowners and prospective buyers in the Cooma‑Monaro area: zoning, lot size and overlay controls change what may be built, subdivided or used and therefore affect land value and permitted uses (cl 2.2; cl 4.1; Lot Size Map).  \n- Developers and builders: the Plan determines what projects require consent, what can be done as exempt or complying development, and what technical studies or conditions will be required (Part 3; cl 4.5; cl 6.1; cl 6.3–6.8).  \n- Local businesses and retailers: floor area caps, retail location rules and permitted uses in employment and centre zones constrain scale and type of retail and industrial activity (cl 4.4A; cl 5.4; Land Use Table).  \n- Farmers and primary producers: rural zone rules, minimum lot sizes, rules for rural workers’ dwellings, intensive livestock thresholds and aquaculture rules affect farm subdivision and on‑farm business opportunities (cl 4.1; cl 4.2C; cl 5.18; cl 5.19).  \n- Heritage custodians, Aboriginal communities and conservation interests: many heritage items and Aboriginal places are listed and work affecting them generally requires consent, engagement or specialist assessments (cl 5.10; Schedule 5).  \n- The Council (consent authority): responsible for determining applications, making classification/reclassification decisions for public land and enforcing the Plan (cl 1.6; cl 5.2).  \n- State agencies and holders of registered public interests: the Plan cross‑references State environmental planning policies (SEPPs) and other Acts and preserves certain Crown and statutory interests (cl 1.9; cl 1.9A).  \n\n**Why it matters (the practical effects)**\n\n- It allocates property rights and restrictions: zoning and overlays define what uses a land parcel can support and therefore constrain or enable private investment and land‑use choices (cl 2.3; cl 2.2).  \n- It channels development through Council approval processes (or exempt/complying pathways), producing administrative and compliance costs for applicants and timing risks associated with discretionary decision‑making (Part 3; cl 4.6).  \n- It creates locational differentiation in potential economic activity (e.g. neighbourhood retail caps, industrial zones, mixed use) which will affect where businesses locate, compete and expand (cl 4.4A; Land Use Table).  \n- It places environmental, heritage and flood constraints on development in defined areas, reducing some development options but aiming to protect ecological, water and cultural values (cl 6.3–6.7; cl 5.21; cl 5.10).  \n- It contains both firm limits (for example minimum lot sizes, maximum building heights and floor space ratios shown on maps) and discretionary exceptions (cl 4.1; cl 4.3; cl 4.6), meaning outcomes are a mix of predictable rules and exercise-of-discretion by the consent authority.\n\n**Source purpose‑claims and practical trade‑offs**\n\nThe Plan states aims such as protecting environmental and heritage values, guiding orderly and economic land use and providing housing opportunity (cl 1.2). Those aims are implemented through:  \n\n- Protective zoning and overlay rules (cost: reduced developable land and potential upward pressure on land prices; beneficiaries: owners of land already permitted to intensify development) (cl 2.3; cl 6.3–6.7).  \n- Minimum lot size and subdivision controls to limit fragmentation (benefit: protects agricultural/ environmental function; cost: constrains density and the supply of smaller lots) (cl 4.1; cl 4.1A).  \n- Detailed environmental safeguards (biodiversity, groundwater, riparian, wetlands, flood planning) that increase assessment requirements and possible refusal risk (administrative cost and project delay) but reduce environmental externalities (cl 6.3–6.7; cl 5.21).  \n- A discretionary exceptions clause (cl 4.6) that preserves flexibility for better outcomes but increases uncertainty and the role of Council judgment; it requires applicants to justify departures which can raise transactional costs and invite lobbying.  \n- Heritage protection measures that often require heritage assessment, management plans or conservation conditions (Schedule 5; cl 5.10), increasing compliance burdens for owners of listed items while preserving historic fabric.  \n- Provisions that limit the use of certain grounds for refusal (for example the Plan prevents refusal of licensed‑premises proposals simply because music or live performance is to occur, provided noise can be managed) (cl 5.20). That narrows the consent authority’s grounds for refusal in a specific context and reduces a potential regulatory barrier to certain hospitality uses.  \n\n**Other practical mechanics worth noting**\n\n- The Plan makes maps and schedules legally operative documents — checking the Land Zoning Map, Lot Size Map, Height of Buildings Map and overlay maps is essential for property‑specific advice (cl 1.7; many clauses).  \n- It contains a savings clause: development applications made before commencement are to be determined under the prior instrument in most cases (cl 1.8A).  \n- It can suspend private covenants to allow compliance with the Plan, but not covenants imposed by Council or certain statutory agreements — this affects private contractual freedom in limited circumstances (cl 1.9A).  \n\nIf you want, I can:  \n- Check how a specific property is zoned and which maps/overlays apply.  \n- Pull together the likely consent pathway and checklist of studies/approvals for a particular development type (e.g. dual occupancy, small retail, farm stay)."},"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":6,"scope_assessment":{"changed":true,"description":"While the core purpose of the plan — governing land use in the Cooma-Monaro area — has remained consistent, the volume of amendments (40+ over 12 years) strongly indicates that specific zones, permitted land uses, development standards, and schedules have been modified numerous times. This is typical for LEPs as community needs, state planning policies, and infrastructure requirements evolve. The plan's geographic scope may also have been adjusted following local government amalgamations (Cooma-Monaro Shire merged into Snowy Monaro Regional Council in 2016)."},"complexity_factors":["Standard instrument LEP format adds baseline complexity through its structured zoning, land use tables, and development standards","Highly localised geographic application requires cross-referencing zoning maps and schedules not visible in this extract","Over 40 amendments since 2013 means the current rules may differ significantly from the original plan — tracking changes requires careful version comparison","Operates within and must be read alongside the broader Environmental Planning and Assessment Act 1979 (NSW) framework","Multiple interacting provisions: zones, permitted uses, development standards, heritage, biodiversity, and flood controls all overlap","Only metadata and status information is provided in the extract — the actual operative rules are not visible, making full analysis impossible without the full document"],"plain_english_summary":"The Cooma-Monaro Local Environmental Plan 2013 is the land‑use rulebook for the Cooma‑Monaro area of NSW: it sets zoning, development standards and environmental/heritage protections that determine what can be built or done on each parcel of land.  \n\nIt affects landowners, developers, farmers and the local council by deciding permitted uses, approvals required and limits on development—so it’s essential for anyone buying, subdividing or developing property in the region. Always check the current, frequently amended version."},"kimi_summary":{"_metrics":{"completionTokens":820},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The Plan appears consistent with its original scope as a standard local environmental planning instrument. While it has been amended multiple times (noted in clause histories), these amendments appear to be routine updates — adjusting zone boundaries, adding environmental protections, and refining subdivision controls — rather than fundamental expansion beyond the original purpose of managing land use and development in the Cooma-Monaro region."},"complexity_factors":["Multiple overlapping zone systems (15 zones across rural, residential, employment, mixed use, recreation, conservation categories)","Extensive cross-referencing to State Environmental Planning Policies and other legislation","Multiple subdivision control clauses (4.1, 4.1AA, 4.1A, 4.1B, 4.1C, 4.2, 4.2A, 4.2B, 4.2C, 4.2D) with conditional exceptions and zone-specific rules","Heritage provisions with 250+ listed items, multiple conservation areas, and Aboriginal heritage sites requiring separate assessment pathways","Environmental overlays requiring mandatory consideration before consent — biodiversity, groundwater, drinking water catchments, riparian land, wetlands, landslide/karst, scenic protection","Nested definitions and savings provisions preserving rights under repealed planning instruments (1995 holdings, 1997 holdings)","Conditional exemptions and 'complying development' pathways with detailed technical requirements","Flood planning clauses referencing external guidelines and manuals (Considering Flooding in Land Use Planning Guideline, Flood Risk Management Manual)"],"plain_english_summary":"This is the **Cooma-Monaro Local Environmental Plan 2013**, a planning rulebook that governs what can and cannot be built on land in the Cooma-Monaro region of NSW (covering Cooma, Bredbo, Nimmitabel, Michelago and surrounding rural areas).\n\n**What it does:**\n- **Divides land into zones** (like RU1 Primary Production, R1 General Residential, E2 Commercial Centre) — each zone has its own rules about what activities are allowed\n- **Sets development rules** — minimum lot sizes for subdivision, building heights, floor space ratios, and special protections for flood-prone land, heritage sites, and environmentally sensitive areas\n- **Protects special values** — including Aboriginal heritage, native biodiversity, wetlands, watercourses, drinking water catchments, and scenic rural views along the Monaro and Snowy Mountains Highways\n- **Controls specific activities** — with detailed rules for things like intensive livestock farming, aquaculture, bed & breakfast accommodation, home businesses, and sex services premises\n\n**Who it affects:**\n- **Property owners** wanting to build, subdivide, or change land use\n- **Farmers** — with specific rules for primary production, rural workers' housing, and farm stay accommodation\n- **Developers** — with exempt and complying development pathways for simpler approvals\n- **Heritage building owners** — 250+ heritage items and conservation areas are protected\n- **Anyone near sensitive areas** — including flood zones, karst (limestone) areas, landslide risks, and groundwater vulnerable zones\n\n**Key features:**\n- **Heritage protection** — extensive list of historic buildings, railway structures, and Aboriginal sites (including the State-significant Lambie Gorge/Coolamatong site)\n- **Environmental safeguards** — mandatory consideration of impacts on biodiversity, wetlands, riparian land, and drinking water catchments (including the Googong catchment)\n- **Flood planning** — strict controls on development in flood-prone areas, with climate change considerations\n- **Flexible rural subdivision** — allows \"average lot size\" subdivision in some rural zones to protect agricultural land while enabling appropriate development\n- **Music-friendly provisions** — councils cannot refuse licensed venue applications based on music genre, live vs recorded music, or number of musicians"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/cooma-monaro-local-environmental-plan-2013","history":"/api/acts/cooma-monaro-local-environmental-plan-2013/history","analysis":"/api/acts/cooma-monaro-local-environmental-plan-2013/analysis","conflicts":"/api/acts/cooma-monaro-local-environmental-plan-2013/conflicts","importantCases":"/api/acts/cooma-monaro-local-environmental-plan-2013/important-cases","documents":"/api/acts/cooma-monaro-local-environmental-plan-2013/documents"}}