{"id":"nsw:epi-2011-0641","name":"Gilgandra Local Environmental Plan 2011","slug":"gilgandra-local-environmental-plan-2011","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"641 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181526,"registerId":"nsw-nsw:epi-2011-0641-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 [Gilgandra Local Environmental Plan 2011](/view/html/inforce/current/epi-2011-0641).","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> > E3 Productivity Support\n> > \n> > E4 General Industrial\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> > Waterway Zones\n> \n> > W1 Natural Waterways\n> \n> **cl 2.1:** Am 2022 (832), Sch 1.5\\[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 2016 (168), Sch 1 \\[2\\]; 2017 (493), Sch 1.1 \\[1\\]; 2019 (137), Sch 6 \\[1\\]; 2022 (314), Sch 1; 2022 (832), Sch 1.5\\[2\\]; 2023 (458), Sch 2.32.\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 E3 Productivity Support\n\nZone E4 General Industrial\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 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; Air transport facilities; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Caravan Parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Correctional centres; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm stay accommodation; Flood mitigation works; Forestry; Freight transport facilities; Heavy industrial storage establishments; Heavy industries; Helipads; Home businesses; Home industries; Industrial retail outlets; Industrial training facilities; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Landscaping material supplies; Mooring pens; Moorings; Open cut mining; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Roadside stalls; Rural industries; Rural workers’ dwellings; Veterinary hospitals; Water recreation structures; Water supply systems","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":87},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":91},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":102},{"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/gilgandra-local-environmental-plan-2011) (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).\n> > \n> > | Type of land shown on Map | Authority of the State |\n> > | Zone RE1 Public Recreation and marked “Local open space” | Council |\n> > | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |\n> > | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |\n> > | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |\n> \n> > (3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.\n> \n> Note.\n> \n> When this Plan was made, no land in the zones listed in the Table to subclause (2) was included on the [Land Reservation Acquisition Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/gilgandra-local-environmental-plan-2011).","sortOrder":103},{"sectionNumber":"Part 6","sectionType":"part","heading":"Urban release areas","content":"# Part 6 Urban release areas\n\nPart 6 Urban release areas","sortOrder":129},{"sectionNumber":"6","sectionType":"section","heading":"Arrangements for designated State public infrastructure","content":"#### 6 Arrangements for designated State public infrastructure\n\n6.1 Arrangements for designated State public infrastructure\n\n> > (1) The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.\n> \n> > (2) Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.\n> \n> > (3) Subclause (2) does not apply to—\n> > \n> > > (a) any lot identified in the certificate as a residue lot, or\n> > \n> > > (b) any lot to be created by a subdivision on land that was the subject of a previous development consent granted in accordance with this clause, or\n> > \n> > > (c) any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or\n> > \n> > > (d) a subdivision for the purpose only of rectifying an encroachment on any existing lot.\n> \n> > (4) This clause does not apply to land in an urban release area if all or any part of the land is in a region within the meaning of the Act, Division 7.1, Subdivision 4.\n> \n> **cl 6.1:** Am 2019 (621), Sch 5\\[5\\]; 2023 (554), Sch 1.","sortOrder":130},{"sectionNumber":"Part 7","sectionType":"part","heading":"Additional local provisions","content":"# Part 7 Additional local provisions\n\nPart 7 Additional local provisions","sortOrder":134},{"sectionNumber":"7","sectionType":"section","heading":"Biodiversity protection","content":"#### 7 Biodiversity protection\n\n7.1 Biodiversity protection\n\n> > (1) The objective of this clause is to maintain terrestrial and aquatic biodiversity, including the following—\n> > \n> > > (a) protecting native fauna and flora,\n> > \n> > > (b) protecting the ecological processes necessary for their continued existence,\n> > \n> > > (c) encouraging the recovery of native fauna and flora and their habitats.\n> \n> > (2) This clause applies to land identified as “Biodiversity Sensitivity” on the [Sensitivity Biodiversity Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/gilgandra-local-environmental-plan-2011).\n> \n> > (3) Before determining a development application for development on land to which this clause applies, the consent authority must consider any adverse impact of the proposed development on the following—\n> > \n> > > (a) native ecological communities,\n> > \n> > > (b) the habitat of any threatened species, populations or ecological community,\n> > \n> > > (c) regionally significant species of fauna and flora or habitat,\n> > \n> > > (d) habitat elements providing connectivity.\n> \n> > (4) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that—\n> > \n> > > (a) the development is designed, sited and will be managed to avoid any adverse environmental impact, or\n> > \n> > > (b) if that impact cannot be avoided—the development is designed, sited and will be managed to minimise that impact, or\n> > \n> > > (c) if that impact cannot be minimised—the development will be managed to mitigate that impact.","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)","sortOrder":144},{"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":147},{"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":148},{"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":151},{"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":152},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Environmental heritage","content":"# Schedule 5 Environmental heritage\n\nSchedule 5 Environmental heritage\n\n(Clause 5.10)","sortOrder":156},{"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":160},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":162},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":164},{"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":173},{"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":175},{"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":176},{"sectionNumber":"11","sectionType":"section","heading":"Culture water","content":"#### 11 Culture water\n\n11 Culture water\n\n> Must use freshwater.","sortOrder":177}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Plan has broadened from a general local zoning instrument to include detailed, parcel- and topic-specific controls and protections that reflect later state-level standards and local priorities. Evidence in the instrument shows multiple post‑enactment insertions and amendments (for example the insertion of the Siding Spring Observatory protections (cl 5.14, ins 2016), the covenant‑suspension clause (cl 1.9A, am 2019), and community/strata subdivision controls (cl 4.1AA/4.1A, am 2022)). Those additions extend the Plan’s scope beyond basic zoning to incorporate technical environmental rules (flooding, groundwater, biodiversity), specialist consultation requirements (heritage, observatory), parcel‑specific temporary permissions (Schedule 1), and administrative mechanisms (suspension of covenants). Mechanically, that means the Plan now regulates a larger set of issues (lighting lumens and dark‑sky protection, specific aquaculture operational rules, etc.) and increases the number of parties and external instruments involved in decision‑making compared with a simpler original zoning focus."},"complexity_factors":["Many zoning categories (13 zone types listed in cl 2.1) with distinct permitted, permitted-with-consent and prohibited lists (Land Use Table).","Extensive cross-references to State environmental planning policies and multiple other Acts (cl 1.9 and throughout).","Multiple spatial maps (Land Zoning Map, Lot Size Map, Heritage Map, Watercourse Map, Wetlands Map, Groundwater Vulnerability Map, Sensitivity Biodiversity Map, Land Reservation Acquisition Map) that determine rights on a parcel-by-parcel basis (cl 1.7; cl 1.3; various overlay clauses).","Numerous conditional and layered rules (exempt, complying, consent; temporary use limits; flood and biodiversity tests; heritage consultation requirements).","Exceptions-to-standards mechanism with carve-outs and record-keeping obligations (cl 4.6) and specific prohibitions on using it for certain subdivisions.","Numerical and technical thresholds in local clauses (e.g. lumen limits and distance bands for Siding Spring Observatory in cl 5.14).","A large, detailed Schedule 5 of heritage items and archaeological sites (many listed items requiring special treatment).","Parcel-specific temporary permissions in Schedule 1 (time-limited exceptions), producing uneven local entitlements.","Amendments inserted over time (multiple amendment notes visible) mean the instrument mixes original and later state-mandated provisions, increasing interpretative complexity.","Suspension of private covenants subject to a string of exclusions (cl 1.9A) — introduces interaction between private law instruments and planning decisions."],"plain_english_summary":"**What this Plan is and who it affects**\n\n- This is the local environmental plan that sets the planning rules for land inside the Gilgandra local government area. It tells landowners, developers and the Gilgandra Council what uses are allowed on each parcel of land, what development needs Council approval (development consent), and what development may be carried out without consent (exempt or complying development) (cl 1.3; cl 2.3; Part 3).\n\n**How it works mechanically (the rules you need to know)**\n\n- Zones and maps: The Plan divides the area into standard zones (rural, residential, employment, recreation, conservation and waterways) and ties permitted uses to those zones via a Land Use Table and maps (cl 2.1–2.3; cl 2.2).\n\n- Who decides: The Gilgandra Council is the consent authority that grants or refuses development consent, subject to the requirements of the Environmental Planning and Assessment Act and any applicable State environmental planning policies (cl 1.6; cl 1.9).\n\n- What needs consent: Subdivision generally requires development consent (cl 2.6). Demolition requires consent unless listed as exempt elsewhere (cl 2.7). Other categories of development are either \"permitted with consent\", \"permitted without consent\" or prohibited under the Land Use Table for each zone (cl 2.3; Land Use Table).\n\n- Exempt and complying development: The Plan identifies development of minimal environmental impact as exempt if it meets Schedule 2. It also recognises certain complying development that can proceed under a complying development certificate when it meets the standards in Schedule 3 and related State rules (cl 3.1–3.2; Schedules 2–3).\n\n- Minimum lot sizes and subdivision controls: Minimum lot sizes for subdivisions are set on a Lot Size Map and enforced for consented subdivisions (cl 4.1). There are additional controls for community title and strata subdivisions in certain zones (cl 4.1AA; cl 4.1A). The Plan permits limited rural flexibility (cl 4.2) but restricts new dwelling entitlements in identified rural/conservation zones (cl 4.2A).\n\n- Development standards and exceptions: The Plan allows the consent authority to approve development that would otherwise breach a development standard if statutory tests are met (cl 4.6). Certain types of development (e.g. some subdivisions in rural and environmental zones) are excluded from that flexibility to protect minimum lot size standards (cl 4.6(6)).\n\n- Local overlays and environmental controls: The Plan contains local overlay provisions that require the consent authority to consider and, in many cases, refuse development unless environmental impacts are avoided, minimised or mitigated. Key overlays include biodiversity sensitivity, riparian watercourses, wetlands, groundwater vulnerability and flood planning areas (cl 7.1–7.4; cl 5.21). These clauses require the Council to consider specific environmental impacts before granting consent.\n\n- Heritage: A detailed list of heritage items, conservation areas and archaeological sites is contained in Schedule 5. Works that affect heritage items, Aboriginal places or archaeological sites generally require development consent and, in some cases, consultation with the Heritage Council or local Aboriginal communities (cl 5.10; Schedule 5).\n\n- Special local provisions:\n  - Temporary uses: Council may approve temporary uses up to 52 days in any 12‑month period, subject to criteria (cl 2.8).\n  - Canal estates: Construction of canal estates is prohibited (cl 2.9).\n  - Siding Spring Observatory: The Plan imposes specific lighting and consultation requirements to protect the observatory’s dark sky (cl 5.14), including numerical lumen limits and mandatory consultation inside specified distances.\n  - Suspension of private covenants: To the extent necessary to allow development consistent with the Plan, private covenants and similar instruments can be suspended, subject to listed exceptions (cl 1.9A).\n  - Local exceptions: Schedule 1 grants time-limited, parcel‑specific permission for dwellings on two named lots (Schedule 1).\n\n**Official objectives and what the Plan claims it will achieve**\n\n- The Plan lists a set of aims including promoting ecologically sustainable development, protecting rural and heritage resources, enabling housing choice where services exist, encouraging arts and cultural uses and supporting tourism and employment (cl 1.2). Those are the Plan’s stated policy goals.\n\n**Who pays and who decides (practical incentives and costs)**\n\n- Landowners and developers pay for compliance: preparing development applications, studies (environmental, heritage, flood, biodiversity), infrastructure contributions, and any works required as conditions of consent. The Plan explicitly requires essential services to be available or arranged before consent (cl 7.6).\n\n- The Council decides most applications, and it may consult or require concurrence from State bodies or specialist bodies (for example the Siding Spring Observatory director for lighting within certain distances (cl 5.14), or the Heritage Council for certain archaeological or State heritage matters (cl 5.10)). That creates administrative steps and potential delays.\n\n- Concentrated benefits and targeted permissions: Schedule 1 gives particular named landowners a temporary benefit (permission for a dwelling on two specific lots for five years). Those are concentrated, parcel‑specific benefits (Schedule 1).\n\n**Trade-offs, implementation risks and compliance burdens**\n\n- Environmental overlays and heritage lists narrow what can be built and increase the cost and time to obtain consent because the consent authority is required to test and justify avoidance, minimisation or mitigation (cl 7.1–7.4; cl 5.10). These impose a compliance cost on applicants and increase discretion for the Council.\n\n- Cross-references to State policies and other Acts mean the Plan’s operation depends on external instruments (cl 1.9). Applicants must navigate both this Plan and State policies, which raises legal and administrative complexity.\n\n- The clause that allows suspension of covenants (cl 1.9A) reduces one private legal barrier to development in some cases, but it excludes key conservation and Crown instruments and does not affect public authority registered interests. That creates an uneven removal of private constraints and requires the Council to identify excluded instruments.\n\n- The exceptions-to-standards mechanism (cl 4.6) gives the Council flexibility to approve departures from development standards but is conditional and record‑keeping is required; subdivisions in many rural and environmental zones are expressly protected from such departures, limiting that flexibility for certain outcomes.\n\n**What behaviour the Plan is likely to change**\n\n- Developers and landowners will concentrate major proposals in zones and locations where use is permitted with consent and where overlays do not trigger heavy environmental or heritage assessment. Where constraints apply (heritage, biodiversity, riparian, flood, groundwater), applicants will need to provide specialist reports or redesign proposals to avoid, minimise or mitigate impacts (cl 7.1–7.4; cl 5.10; cl 5.21).\n\n- Council is given substantial decision-making discretion and multiple consultative hooks (Heritage Council, observatory director, State agencies), which centralises many compliance and assessment costs with the applicant and increases the administrative workload for the consent authority.\n\n**Practical points to check if you are proposing development**\n\n- Check zoning and overlays on the Land Zoning, Lot Size, Heritage and other maps that form part of the Plan (cl 2.2; cl 1.7).\n- Verify whether the development is exempt, complying, or requires development consent, and what supporting documents will be needed (Part 3; Schedules 2–3).\n- For sites near the Siding Spring Observatory, heritage items, waterways, wetlands or mapped biodiversity sensitivity, prepare the specialist assessments the Plan requires and expect consultation steps (cl 5.14; cl 5.10; cl 7.1–7.3).\n\n(Primary references: aims cl 1.2; consent authority cl 1.6; maps cl 1.7; Land Use Table cl 2.3; subdivision cl 2.6; temporary use cl 2.8; canal estates cl 2.9; exempt/complying Part 3; minimum lot size cl 4.1; exceptions cl 4.6; heritage cl 5.10; Siding Spring cl 5.14; biodiversity/riparian/wetlands/groundwater cl 7.1–7.4; Schedule 5 heritage list.)"},"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"},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2493},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"While the Plan has been amended multiple times since 2011 (including additions like the Siding Spring Observatory dark sky provisions in 2016 and updated aquaculture controls), these changes remain within the original scope of making local environmental planning provisions for Gilgandra. The amendments reflect evolving state policy frameworks and local environmental priorities rather than an expansion beyond the Plan's original purpose."},"complexity_factors":["13 distinct land use zones (RU1, R3, E1, etc.) each with unique objectives and permitted/prohibited use tables","Extensive cross-referencing to external legislation including 10+ State Environmental Planning Policies (SEPPs), the Fisheries Management Act, and National Parks Act","Multiple conditional pathways for development: exempt (no consent), complying (certifier), permitted with consent, and prohibited","Nested exception clauses allowing contravention of standards (clause 4.6) subject to specific tests and limitations","Technical measurement standards for specific uses (e.g., lumens for lighting near Siding Spring Observatory, square metre limits for home businesses, livestock head counts for exempt intensive agriculture)","Heritage provisions with tiered significance levels (State vs Local) and specific notification requirements to Heritage Council","Amendment history showing multiple revisions (2016, 2017, 2018, 2019, 2021, 2022, 2023) creating layered provisions","Reliance on multiple external maps (Land Zoning Map, Lot Size Map, Heritage Map, Biodiversity Sensitivity Map, etc.) not contained within the text","Specific operational requirements for niche industries (aquaculture pond design, intensive livestock separation distances, artisan food retail floor area ratios)"],"plain_english_summary":"**What this is:** This is the rulebook that controls what you can build and do on land in Gilgandra Shire (in regional New South Wales). It is called a Local Environmental Plan (LEP). Think of it as a zoning guide that tells landowners, developers, and Council what activities are allowed on every parcel of land.\n\n**Who it affects:**\n- **Landowners and homeowners** – if you want to build a house, shed, or make changes to your property\n- **Farmers and rural businesses** – rules for primary production, farm stays, and rural subdivisions\n- **Developers** – requirements for new housing estates, shops, or industrial buildings\n- **Gilgandra Shire Council** – they use this to decide whether to approve (grant \"development consent\" for) proposed projects\n\n**Key things this Plan does:**\n\n**1. Zones the land**\nThe Plan divides the Shire into 13 zones, each with different rules. The main ones include:\n- **RU1 Primary Production** – for farming and agriculture\n- **R1 General Residential** – for houses and suburban development  \n- **R5 Large Lot Residential** – for rural residential living on bigger blocks\n- **E1 Local Centre** – for shops and businesses in town\n- **E4 General Industrial** – for factories and warehouses\n- **C3 Environmental Management** – for environmentally sensitive areas\n\n**2. Controls what needs approval**\nEvery zone has a \"Land Use Table\" that says whether specific activities are:\n- **Permitted without consent** – can go ahead without Council approval (e.g., farm buildings in rural zones)\n- **Permitted with consent** – need Council approval (e.g., most houses, shops, factories)\n- **Prohibited** – not allowed (e.g., heavy industry in residential zones)\n\n**3. Special protections**\n- **Heritage:** Lists 91 heritage items (like the Coo-ee Heritage Centre, old hotels, and war memorials) that cannot be altered or demolished without special permission\n- **Dark Sky:** Strict lighting rules to protect the Siding Spring Observatory from light pollution (controls things like outdoor light brightness and shielding)\n- **Biodiversity:** Special protections for sensitive wetlands, watercourses, and native vegetation\n- **Rural land:** Rules to stop farmland from being broken into lots too small to farm (minimum lot sizes apply)\n\n**4. Fast-track approvals**\nSome minor building work is \"exempt development\" (no approval needed) or \"complying development\" (approval via a private certifier rather than full Council assessment), provided it meets specific standards.\n\n**Why it matters:**\nThis Plan shapes how Gilgandra grows. It balances farming and environmental protection with housing and economic development. If you want to build, subdivide land, change a building's use, or even run a farm stay, this document determines whether you need permission and what conditions apply."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"As a living planning document amended over 40 times since its 2011 commencement, the LEP's scope has almost certainly evolved beyond its original form. Common changes to NSW LEPs over time include rezoning of land, introduction of new permitted uses, updated height and density controls, and alignment with new State planning policies. The frequency of amendments — sometimes multiple times per year — strongly suggests the plan's practical scope and effect have expanded or shifted from the original 2011 instrument, though the specific nature of those changes cannot be confirmed from the metadata alone."},"complexity_factors":["Standard instrument LEP structure incorporates State-level standard template clauses alongside locally specific provisions, requiring cross-referencing between documents","Over 40 separate amendments since 2011 mean the current version is a heavily layered document — understanding what changed when can be difficult","Multiple interlocking land use zones, each with different permitted/prohibited uses, require careful interpretation","Interaction with the parent Environmental Planning and Assessment Act 1979 and State Environmental Planning Policies (SEPPs) adds external legal layers","Only metadata and version history were provided — the actual substantive provisions (zoning tables, maps, specific clauses) are not visible in this extract, limiting full analysis","Rural and agricultural provisions often involve complex concepts like minimum lot sizes, biodiversity constraints, and flood/bushfire overlays","Heritage and environmental protection provisions require specialist knowledge to interpret correctly"],"plain_english_summary":"The Gilgandra Local Environmental Plan 2011 is the legal zoning and land‑use rulebook for Gilgandra Shire: it divides land into zones, sets what uses are permitted or prohibited, and fixes standards (heights, minimum lot sizes, environmental and heritage protections). It governs property owners, farmers, developers and the Council when deciding development approvals — check the current version (amended 40+ times; latest 19 Sept 2025)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/gilgandra-local-environmental-plan-2011","history":"/api/acts/gilgandra-local-environmental-plan-2011/history","analysis":"/api/acts/gilgandra-local-environmental-plan-2011/analysis","conflicts":"/api/acts/gilgandra-local-environmental-plan-2011/conflicts","importantCases":"/api/acts/gilgandra-local-environmental-plan-2011/important-cases","documents":"/api/acts/gilgandra-local-environmental-plan-2011/documents"}}