{"id":"nsw:epi-2013-0399","name":"Cootamundra Local Environmental Plan 2013","slug":"cootamundra-local-environmental-plan-2013","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"399 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181232,"registerId":"nsw-nsw:epi-2013-0399-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 [Cootamundra Local Environmental Plan 2013](/view/html/inforce/current/epi-2013-0399).","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> > RU4 Primary Production Small Lots\n> > \n> > RU5 Village\n> \n> > Residential Zones\n> \n> > R1 General Residential\n> > \n> > R3 Medium Density Residential\n> > \n> > R5 Large Lot Residential\n> \n> > Employment Zones\n> \n> > E2 Commercial Centre\n> > \n> > E3 Productivity Support\n> > \n> > E4 General Industrial\n> > \n> > E5 Heavy Industrial\n> \n> > Special Purpose Zones\n> \n> > SP1 Special Activities\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> > C3 Environmental Management\n> > \n> > C4 Environmental Living\n> \n> **cl 2.1:** Am 2018 (222), Sch 1 \\[1\\]; 2019 (335), Sch 1 \\[1\\]; 2019 No 14, Sch 2.5\\[1\\]; 2022 (831), Sch 1.7\\[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 2015 (16), Sch 1 \\[1\\]; 2015 (572), cl 4; 2016 (168), Sch 1 \\[2\\] \\[5\\]; 2017 (493), Sch 1.1 \\[1\\]; 2018 (79), cl 5 (1)–(3); 2018 (222), Sch 1 \\[2\\]; 2018 No 25, Sch 5.6; 2018 (488), Sch 1.1 \\[1\\]; 2019 (137), Sch 6 \\[1\\]; 2019 (335), Sch 1 \\[2\\] \\[3\\]; 2019 No 14, Sch 2.5\\[2\\] \\[3\\]; 2022 (314), Sch 1; 2022 (831), Sch 1.7\\[2\\]; 2023 (458), Sch 2.24.\n\nZone RU1 Primary Production\n\nZone RU2 Rural Landscape\n\nZone RU4 Primary Production Small Lots\n\nZone RU5 Village\n\nZone R1 General Residential\n\nZone R3 Medium Density Residential\n\nZone R5 Large Lot Residential\n\nZone E2 Commercial Centre\n\nZone E3 Productivity Support\n\nZone E4 General Industrial\n\nZone E5 Heavy Industrial\n\nZone SP1 Special Activities\n\nZone SP2 Infrastructure\n\nZone RE1 Public Recreation\n\nZone RE2 Private Recreation\n\nZone C1 National Parks and Nature Reserves\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> Agritourism; Airstrips; Animal boarding or training establishments; Aquaculture; Backpackers’ accommodation; Bed and breakfast accommodation; Business identification signs; Cellar door premises; Dwelling houses; Dual occupancies (attached); Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Helipads; Home-based child care; Home businesses; Home industries; Intensive livestock agriculture; Intensive plant agriculture; Local distribution premises; Open cut mining; Recreation facilities (outdoor); Roads; Roadside stalls; Rural industries; Rural workers’ dwellings; Secondary dwellings; Truck depots; Veterinary hospitals; Water storage facilities","sortOrder":33},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Sawmill or log processing works; Any other development not specified in item 2 or 3","sortOrder":34},{"sectionNumber":"Part 3","sectionType":"part","heading":"Exempt and complying development","content":"# Part 3 Exempt and complying development\n\nPart 3 Exempt and complying development","sortOrder":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":118},{"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/cootamundra-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":119},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":145},{"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":146},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Additional permitted uses","content":"# Schedule 1 Additional permitted uses\n\nSchedule 1 Additional permitted uses\n\n(Clause 2.5)\n\n**sch 1:** Am 2015 (278), cl 4.","sortOrder":156},{"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(When this Plan was made this Schedule was blank)","sortOrder":158},{"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":159},{"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":162},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Classification and reclassification of public land","content":"# Schedule 4 Classification and reclassification of public land\n\nSchedule 4 Classification and reclassification of public land\n\n(Clause 5.2)","sortOrder":163},{"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 2015 (16), Sch 1 \\[3\\]; 2018 (79), cl 5 (4).","sortOrder":167},{"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":170},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":172},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":174},{"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":182},{"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":183},{"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":185},{"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":186},{"sectionNumber":"11","sectionType":"section","heading":"Culture water","content":"#### 11 Culture water\n\n11 Culture water\n\n> Must use freshwater.","sortOrder":187}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":1688},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose as a comprehensive land-use planning instrument for the Cootamundra local government area. It establishes zones, development standards, and environmental protections typical of a Local Environmental Plan made under the Environmental Planning and Assessment Act 1979. While it includes detailed provisions for specific local issues (such as the Cootamundra Airport airspace, heritage items like Bradman's Birthplace Museum, and protection of agricultural land), these represent the standard scope of a local environmental plan rather than mission creep beyond the original intent."},"complexity_factors":["17 distinct land use zones with individual objectives and permissibility tables (e.g., RU1 Primary Production, E2 Commercial Centre, C3 Environmental Management)","Extensive cross-referencing to external legislation including the Environmental Planning and Assessment Act 1979, Crown Land Management Act 2016, National Parks and Wildlife Act 1974, and multiple State Environmental Planning Policies (SEPPs)","Layered conditional logic for development consent, including nested exceptions (e.g., clause 1.9A suspending covenants but excluding conservation agreements, biobanking agreements, and planning agreements)","Multiple maps referenced throughout (Land Zoning Map, Lot Size Map, Heritage Map, Terrestrial Biodiversity Map, Groundwater Vulnerability Map) that are incorporated by reference but not contained within the text","Specific numerical thresholds and measurements in development controls (e.g., secondary dwellings limited to 60m² or 40% of principal dwelling; neighbourhood shops capped at 100m²; industrial retail outlets limited to 40% of gross floor area or 400m²)","Heritage provisions requiring consideration of State Heritage Register, interim heritage orders, and Aboriginal cultural significance with mandatory consultation periods (28 days)","Rural subdivision provisions with historical dating requirements (e.g., 'existing holding' defined by ownership status as of 7 May 1976)","Schedules containing tabular data for heritage items (over 100 listed items with specific property descriptions) and public land classifications","Aquaculture provisions with species-specific and zone-specific operational requirements referencing external industry development plans"],"plain_english_summary":"This is the rulebook that controls what you can build and do on land in Cootamundra, New South Wales. Think of it as a zoning guide that divides the area into different coloured zones—like Rural, Residential, Commercial, and Industrial—and sets out what activities are allowed in each.\n\n**What it does:**\n- **Zones the land**: It splits Cootamundra into categories such as Primary Production (farming), General Residential (houses), Commercial Centre (shops), and Environmental Management (conservation). Each zone has its own objectives—like protecting farmland or encouraging vibrant town centres.\n- **Controls development**: For each zone, it lists three types of activities:\n  - **No approval needed** (exempt development): Small things like home-based businesses or environmental protection works in some areas.\n  - **Approval needed** (permitted with consent): Most building work, including houses, shops, and factories—you must get permission from the local Council.\n  - **Not allowed** (prohibited): Things that don’t fit the zone, like heavy industry in residential streets.\n\n**Who it affects:**\n- **Property owners** wanting to build, renovate, or change how they use their land.\n- **Farmers** and rural landowners, with specific rules protecting agricultural land from being broken into lots too small for viable farming.\n- **Developers** looking to subdivide land or build multiple dwellings.\n- **Heritage custodians**, as the Plan protects over 100 heritage items (like the former Aboriginal Girls’ Home and railway stations) and three conservation areas.\n\n**Key protections:**\n- **Heritage**: You generally need approval to demolish or alter listed heritage buildings.\n- **Environment**: Special rules protect biodiversity, groundwater, rivers (riparian land), and land prone to salinity or erosion.\n- **Flooding**: Development in flood-prone areas must prove it won’t increase flood risk to neighbours.\n- **Canal estates**: Banned entirely—no artificial waterways with housing.\n\n**Why it matters:**\nIt balances growth with preservation. It stops incompatible uses (like factories next to schools), protects the town’s character and history, ensures farming remains viable, and safeguards natural resources like water and wildlife. If you want to develop land in Cootamundra, this Plan determines whether you need approval and what standards you must meet."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The plan has been amended more than 50 times since its original commencement in July 2013, strongly indicating that its scope and specific provisions have evolved considerably from the original instrument — likely reflecting rezoning of specific parcels, changes to permitted land uses, updated development standards, and incorporation of new state planning policies over more than a decade of operation."},"complexity_factors":["Frequent amendments — over 50 versions since 2013 — meaning the applicable rules depend heavily on which version was in force at any given time","Operates within the broader framework of the Environmental Planning and Assessment Act 1979, requiring cross-referencing with state legislation","Uses a standardised 'standard instrument' template that incorporates by reference numerous state-level definitions, provisions and overlays not visible in this document alone","Multiple land use zones, each with different permitted and prohibited uses, requiring careful zone-by-zone analysis","Interacts with other planning instruments such as State Environmental Planning Policies (SEPPs), which can override or modify local rules","Only metadata and status information is provided in this extract — the substantive operative provisions (land use tables, development standards, maps) are not included, making full assessment difficult","Long operational history means historical versions may be relevant for ongoing development consents or legal disputes"],"plain_english_summary":"The Cootamundra Local Environmental Plan 2013 is the legal rulebook that controls what can be built, developed or changed on land in the Cootamundra area. It sets which uses are allowed, building heights and footprints, environmental/heritage/agricultural protections, and when council approval is required.\n\nIt affects property owners, developers, farmers and council planners, operates under NSW’s Environmental Planning and Assessment Act 1979 and the standard instrument, has been amended over 50 times, and has been in force since 19 September 2025."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Plan expressly repeals previous local environmental plans applying to the same land (cl 1.8) and consolidates zoning, permitted uses, lot-size and overlay controls into a single instrument. It introduces new or amended local standards and specific permitted uses (see sch 1; cl 4.1A, cl 4.2A) and adds layered environmental and heritage controls (sch 5; cl 6.3; cl 5.21). Amendment notes in multiple clauses indicate the Plan’s scope has been modified since first made."},"complexity_factors":["Extensive zone structure and detailed Land Use Table with different permissions per zone (cl 2.1–2.3)","Multiple spatial maps and overlays determine applicability (Land Zoning Map, Lot Size Map, Heritage Map, Terrestrial Biodiversity Map, Watercourses Map, Groundwater Vulnerability Map) (cl 1.7; cl 2.2; numerous clauses referencing maps)","Frequent cross-references to State environmental planning policies and other Acts that prevail or limit operation (cl 1.9; cl 1.9A; cl 5.12)","Layered approval pathways: exempt, complying and development consent with conditions and record-keeping obligations (cl 3.1–3.3; sch 2–3)","Discretionary standards and exceptions requiring case-by-case justification and record (exceptions to development standards, cl 4.6)","Numerous subject-matter specific consent tests requiring technical assessment (heritage cl 5.10; terrestrial biodiversity cl 6.3; flood planning cl 5.21; groundwater cl 6.4; riparian cl 6.5)","Schedule-based operational controls (e.g. aquaculture sch 6) and site-specific additional permitted uses (sch 1)","Several clauses marked 'not adopted' or amended across years, increasing interpretive complexity (amendment notes throughout)"],"plain_english_summary":"This local environmental plan sets the zoning, permitted/prohibited uses, and approval tests for land in Cootamundra. It specifies when development needs Council consent, what can be done without consent, and extra rules for heritage, biodiversity, flood risk and airport operations. Council is the consent authority; landowners and developers must meet consent, exempt or complying development requirements and bear compliance costs. The Plan replaces earlier local instruments and changes what development is allowed and the decision tests applied to applications."}},"importantCases":[],"_links":{"self":"/api/acts/cootamundra-local-environmental-plan-2013","history":"/api/acts/cootamundra-local-environmental-plan-2013/history","analysis":"/api/acts/cootamundra-local-environmental-plan-2013/analysis","conflicts":"/api/acts/cootamundra-local-environmental-plan-2013/conflicts","importantCases":"/api/acts/cootamundra-local-environmental-plan-2013/important-cases","documents":"/api/acts/cootamundra-local-environmental-plan-2013/documents"}}