{"id":"nsw:epi-2014-0301","name":"Dungog Local Environmental Plan 2014","slug":"dungog-local-environmental-plan-2014","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"301 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181177,"registerId":"nsw-nsw:epi-2014-0301-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 [Dungog Local Environmental Plan 2014](/view/html/inforce/current/epi-2014-0301).","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> > R5 Large Lot Residential\n> \n> > Employment Zones\n> \n> > E1 Local Centre\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> > C3 Environmental Management\n> > \n> > C4 Environmental Living\n> \n> > Waterway Zones\n> \n> > W1 Natural Waterways\n> \n> **cl 2.1:** Am 2022 (830), Sch 1.10\\[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\\]; 2022 (830), Sch 1.10\\[2\\] \\[2A\\] (ins 2023 (82), Sch 1.4\\[2\\]); 2023 (458), Sch 2.29\\[1\\] \\[2\\].\n\nZone RU1 Primary Production\n\nZone RU3 Forestry\n\nZone RU5 Village\n\nZone R1 General Residential\n\nZone R5 Large Lot Residential\n\nZone E1 Local Centre\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 C3 Environmental Management\n\nZone C4 Environmental Living\n\nZone W1 Natural Waterways","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; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Correctional centres; Crematoria; Dual occupancies; Dwelling houses; Eco-tourist facilities; Educational establishments; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Freight transport facilities; Function centres; Group homes; Health services facilities; Helipads; Heliports; Highway service centres; Home-based child care; Home businesses; Home industries; Industrial training facilities; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Kiosks; Landscaping material supplies; Marinas; Moorings; Open cut mining; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Restaurants or cafes; Rural industries; Rural supplies; Rural workers’ dwellings; Signage; Timber yards; Tourist and visitor accommodation; Transport depots; Truck depots; 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":91},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":95},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":107},{"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/dungog-local-environmental-plan-2014) (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).\n> > \n> > | Type of land shown on Map | Authority of the State |\n> > | Zone RE1 Public Recreation and marked “Local open space” | Council |\n> > | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |\n> > | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |\n> > | Zone 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":108},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":134},{"sectionNumber":"6","sectionType":"section","heading":"Acid sulfate soils","content":"#### 6 Acid sulfate soils\n\n6.1 Acid sulfate soils\n\n> > (1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.\n> \n> > (2) Development consent is required for the carrying out of works described in the table to this subclause on land shown on the [Acid Sulfate Soils Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/dungog-local-environmental-plan-2014) as being of the class specified for those works.\n> > \n> > | Class of land | Works |\n> > | 1 | Any works. |\n> > | 2 | Works below the natural ground surface.Works by which the watertable is likely to be lowered. |\n> > | 3 | Works more than 1 metre below the natural ground surface.Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface. |\n> > | 4 | Works more than 2 metres below the natural ground surface.Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface. |\n> > | 5 | Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land. |\n> \n> > (3) Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.\n> \n> > (4) Despite subclause (2), development consent is not required under this clause for the carrying out of works if—\n> > \n> > > (a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and\n> > \n> > > (b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.\n> \n> > (5) Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—\n> > \n> > > (a) emergency work, being the repair or replacement of the works of the public authority, required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,\n> > \n> > > (b) routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),\n> > \n> > > (c) minor work, being work that costs less than $20,000 (other than drainage work).\n> \n> > (6) Despite subclause (2), development consent is not required under this clause to carry out any works if—\n> > \n> > > (a) the works involve the disturbance of less than 1 tonne of soil, and\n> > \n> > > (b) the works are not likely to lower the watertable.","sortOrder":135},{"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 2022 (16), cl 4; 2022 (196), cl 4; 2022 (830), Sch 1.10\\[3\\].","sortOrder":148},{"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":154},{"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":155},{"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":158},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Classification and reclassification of public land","content":"# Schedule 4 Classification and reclassification of public land\n\nSchedule 4 Classification and reclassification of public land\n\n(Clause 5.2)\n\n**sch 4:** Am 2015 (466), cl 4; 2019 (9), cl 5.","sortOrder":159},{"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 2016 (787), Sch 1.","sortOrder":163},{"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":167},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":169},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":171},{"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":179},{"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":180},{"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":182},{"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":183},{"sectionNumber":"11","sectionType":"section","heading":"Culture water","content":"#### 11 Culture water\n\n11 Culture water\n\n> Must use freshwater.","sortOrder":184}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The plan's scope has evolved significantly from its original 2014 form through more than 40 amendments over 11 years. While its core purpose — regulating land use in the Dungog area — remains the same, the specific zones, permitted uses, and applicable controls have been repeatedly adjusted. The frequent amendments suggest ongoing refinements to development opportunities and constraints across the area, consistent with changing state planning policy, community needs, and natural hazard considerations."},"complexity_factors":["Standard instrument LEP format incorporates extensive state-level policy frameworks by reference, requiring readers to consult multiple documents","Zone-based land use tables create a complex matrix of permitted, permissible with consent, and prohibited uses across many different land zones","Extensive use of planning maps that must be read alongside written provisions — land rules are spatially defined and not self-contained in text","Over 40 amendments since 2014, creating a layered history that can make it difficult to determine what rules applied at any given point in time","Interaction with broader NSW planning legislation (Environmental Planning and Assessment Act 1979) and state environmental planning policies adds external complexity","Pending self-executing repeal of Schedule 1, clause 5 on 15 April 2027 introduces a future-dated change that practitioners must keep in mind","Responsibility for map updates shifted from the legislative record to the Department of Planning in 2021, creating a split-source information environment"],"plain_english_summary":"The Dungog Local Environmental Plan 2014 is the legal planning rulebook for the Dungog LGA: it governs what can be built or used on land, affecting property owners, developers, businesses, farmers and local residents. \n\nIt zones land, sets rules on uses, building heights, lot sizes, heritage, flooding, bushfire and environmental sensitivity, and uses maps to show applicable rules. It’s regularly amended (40+ times); the current version has been in force since September 2025."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Plan replaces earlier local environmental plans for the same area (cl 1.8) and confines its scope to the land shown on the Land Application Map (cl 1.3). Its operative provisions implement the stated aims (cl 1.2); the text contains no internal indication that the Plan expands scope beyond those aims."},"complexity_factors":["Extensive zoning framework and Land Use Table that differentiates many zones and permitted/prohibited uses (cl 2.1, cl 2.3).","Multiple development pathways (consent, exempt, complying) with cross-references to schedules and State SEPPs (cls 3.1–3.3, cl 1.9).","Numerous technical and site-specific controls (acid sulfate soils, riparian lands, flood planning, stormwater) requiring specialist assessment (cls 6.1, 6.6, 5.21, 6.4).","Heritage regime with procedural requirements and potential conservation incentives (cl 5.10 and Schedule 5).","Discretionary exceptions and standards-relief mechanisms that require documented justification and record-keeping (cl 4.6).","Several site- and parcel-specific provisions and maps (Schedules 1, 4, maps referenced throughout) increasing case-by-case complexity.","Interplay with other legislation and technical guidelines (eg BASIX, flood and aquaculture guidelines) cited in provisions (cl 4.6 note; cl 5.19(7); cl 5.21(4))."],"plain_english_summary":"This instrument sets the local planning rules for land in the Dungog area: it defines zones, what uses are permitted or prohibited, when development consent or exemptions apply, subdivision rules, and environmental, heritage and watercourse controls. It applies to land shown on the LEP maps and repeals earlier local plans. It affects landowners, developers, the Council (the consent authority (cl 1.6)) and relevant State agencies (cl 1.9). Landowners bear compliance and consent costs; the Council makes approval decisions and imposes conditions (see cl 2.6, cl 5.10, cl 6.6)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2782},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The Plan remains within the standard scope of a Local Environmental Plan under the Environmental Planning and Assessment Act 1979. It replaces the previous 2006 Plan and covers conventional LEP subject matter: land use zoning, development standards, heritage conservation, and local environmental protections (flooding, water catchments, rural land management). While detailed and amended over time, it has not expanded beyond the traditional local planning instrument remit into broader regulatory or policy domains."},"complexity_factors":["Extensive Land Use Table with 15 zones and hundreds of specific use types (e.g., 'intensive livestock agriculture', 'eco-tourist facilities', 'rural workers' dwellings') each classified as permitted, requiring consent, or prohibited","Multiple statutory maps cross-referenced throughout (Land Zoning, Lot Size, Heritage, Acid Sulfate Soils, Drinking Water Catchment, Riparian Lands, Williams River Catchment) that must be read alongside the text","Nested conditional logic and exceptions, such as Clause 1.9A which suspends restrictive covenants but then lists seven specific exceptions (conservation agreements, biobanking agreements, etc.)","Detailed threshold-based exemptions in Clause 5.18 (intensive livestock) where exemption from consent depends on specific animal numbers plus separation distances from waterways, dwellings, and other farms","Zone-specific bespoke provisions (e.g., Clause 6.9 restricting development near the Verge Street rail corridor; Clause 6.11 specific rules for dual occupancies in Zone RU1)","Heavy cross-referencing to external legislation (Fisheries Management Act, Crown Land Management Act, Biodiversity Conservation Act) and State Environmental Planning Policies (Housing, Transport, Biodiversity, etc.)","Heritage provisions requiring sequential assessment steps (heritage impact statements, consultation with Heritage Council, notification to Aboriginal communities) before consent can be granted"],"plain_english_summary":"The **Dungog Local Environmental Plan 2014** is the legal rulebook that controls how land can be used and developed across Dungog Shire (in the NSW Hunter Valley).\n\n**Who it affects**\nAnyone who owns, buys, or develops land in Dungog—from farmers and homeowners to shopkeepers and tourism operators. Dungog Shire Council uses this Plan to decide whether to approve building applications.\n\n**What it does**\n- **Zones the Shire:** Divides land into categories (zones) such as **Primary Production** (farmland), **General Residential** (housing), **Local Centre** (shops), and **Environmental Management** (conservation). For each zone, it lists what activities are:\n  - **Allowed without approval** (e.g., home occupations in some zones)\n  - **Allowed only with Council approval** (development consent)\n  - **Prohibited**\n- **Sets subdivision rules:** Specifies minimum lot sizes when dividing land, with special rules for rural land to prevent fragmentation of farms.\n- **Protects heritage:** Lists over 100 heritage items (like the Clarence Town Courthouse and Paterson Railway Station) and heritage conservation areas where changes require special permission.\n- **Manages environmental risks:** Includes special protections for:\n  - **Flood-prone land** (restricting development that could put lives at risk or worsen flooding)\n  - **Drinking water catchments** (protecting water quality)\n  - **Riparian land** (land near rivers and creeks)\n  - **Acid sulfate soils** (potentially damaging soils that can affect waterways if disturbed)\n- **Controls specific uses:** Sets detailed conditions for things like farm stay accommodation, intensive livestock farms, aquaculture, and home businesses (e.g., limiting bed-and-breakfasts to 5 bedrooms).\n- **Fast-tracks minor works:** Identifies “exempt development” (minor works meeting specific standards that don’t need Council approval) and “complying development” (straightforward projects that can use a faster approval path).\n\n**Why it matters**\nThis Plan balances rural economic activity (farming, forestry, tourism) with environmental protection (waterways, biodiversity, scenic landscapes) and community safety (flooding, bushfire). If you want to build a house, subdivide a farm, run a tourist accommodation, or open a shop in Dungog, this document determines what is possible and what approvals you need."}},"importantCases":[],"_links":{"self":"/api/acts/dungog-local-environmental-plan-2014","history":"/api/acts/dungog-local-environmental-plan-2014/history","analysis":"/api/acts/dungog-local-environmental-plan-2014/analysis","conflicts":"/api/acts/dungog-local-environmental-plan-2014/conflicts","importantCases":"/api/acts/dungog-local-environmental-plan-2014/important-cases","documents":"/api/acts/dungog-local-environmental-plan-2014/documents"}}