{"id":"nsw:epi-2010-0287","name":"Greater Taree Local Environmental Plan 2010","slug":"greater-taree-local-environmental-plan-2010","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"287 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181627,"registerId":"nsw-nsw:epi-2010-0287-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 [Greater Taree Local Environmental Plan 2010](/view/html/inforce/current/epi-2010-0287).","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> > RU4 Primary Production Small Lots\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> > E5 Heavy Industrial\n> \n> > Mixed Use Zones\n> \n> > MU1 Mixed Use\n> \n> > Special Purpose Zones\n> \n> > SP2 Infrastructure\n> > \n> > SP3 Tourist\n> \n> > Recreation Zones\n> \n> > RE1 Public Recreation\n> > \n> > RE2 Private Recreation\n> \n> > Conservation Zones\n> \n> > C1 National Parks and Nature Reserves\n> > \n> > C2 Environmental Conservation\n> > \n> > C3 Environmental Management\n> > \n> > C4 Environmental Living\n> \n> > Waterway Zones\n> \n> > W2 Recreational Waterways\n> > \n> > W3 Working Waterways\n> > \n> > W4 Working Waterfront\n> \n> **cl 2.1:** Am 2015 (678), Sch 1 \\[1\\]; 2022 (831), Sch 1.11\\[1\\] \\[2\\].","sortOrder":14},{"sectionNumber":"pt","sectionType":"part","heading":"Land Use Table","content":"# pt Land Use Table\n\nLand Use Table\n\nNote—\n\nState environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—\n\n> [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714)\n\n> [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems\n\n> [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 2\n\n> [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 3\n\n> [State Environmental Planning Policy (Industry and Employment) 2021](/view/html/inforce/current/epi-2021-0723), Chapter 3\n\n> [State Environmental Planning Policy (Primary Production) 2021](/view/html/inforce/current/epi-2021-0729), Chapter 2\n\n**Land Use tbl:** Am 2011 (363), Sch 10 \\[2\\]–\\[32\\]; 2014 (169), Sch 1 \\[1\\]–\\[3\\]; 2014 (490), Sch 1 \\[1\\]–\\[3\\]; 2015 (678), Sch 1 \\[2\\]; 2016 (553), Sch 1 \\[1\\]; 2017 (493), Sch 1.1 \\[1\\]; 2018 (488), Sch 1.1 \\[1\\]; 2018 (549), Sch 1 \\[1\\]–\\[13\\]; 2019 (137), Sch 6 \\[1\\]; 2019 (184), Sch 1 \\[1\\]; 2021 (202), Sch 1\\[1\\]–\\[3\\]; 2022 (314), Sch 1; 2022 (831), Sch 1.11\\[3\\] (am 2023 (82), Sch 1.5\\[15\\]–\\[18\\]) \\[4\\] (am 2023 (82), Sch 1.5\\[19\\]); 2023 (458), Sch 2.36\\[1\\] \\[2\\]\n\nZone RU1 Primary Production\n\nZone RU3 Forestry\n\nZone RU4 Primary Production Small Lots\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 E5 Heavy Industrial\n\nZone MU1 Mixed Use\n\nZone SP2 Infrastructure\n\nZone SP3 Tourist\n\nZone RE1 Public Recreation\n\nZone RE2 Private Recreation\n\nZone C1 National Parks and Nature Reserves\n\nZone C2 Environmental Conservation\n\nZone C3 Environmental Management\n\nZone C4 Environmental Living\n\nZone W2 Recreational Waterways\n\nZone W3 Working Waterways\n\nZone W4 Working Waterfront","sortOrder":30},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Agriculture; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Camping grounds; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Correctional centres; Crematoria; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Helipads; Home-based child care; Home businesses; Home industries; Intensive livestock agriculture; Jetties; Marinas; Markets; Mooring pens; Moorings; Open cut mining; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Roads; Roadside stalls; Rural industries; Rural workers’ dwellings; Sewerage systems; Timber yards; Veterinary hospitals; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities","sortOrder":33},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Livestock processing industries; 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":127},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":131},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":146},{"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/greater-taree-local-environmental-plan-2010) (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> > | Zone C2 Environmental Conservation and marked “Coastal lands acquisition” | The corporation constituted under section 8 of the Act |\n> > | Zone SP2 Infrastructure and marked “Public carpark” | Council |\n> > | Land marked “Local road” | Council |\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> **cl 5.1:** Am 2022 (831), Sch 1.11\\[5\\].","sortOrder":147},{"sectionNumber":"Part 6","sectionType":"part","heading":"Urban release areas","content":"# Part 6 Urban release areas\n\nPart 6 Urban release areas","sortOrder":173},{"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 of 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 2011 (363), Sch 10 \\[44\\]; 2019 (621), Sch 5\\[5\\]; 2023 (554), Sch 1.","sortOrder":174},{"sectionNumber":"Part 7","sectionType":"part","heading":"Additional local provisions","content":"# Part 7 Additional local provisions\n\nPart 7 Additional local provisions","sortOrder":178},{"sectionNumber":"7","sectionType":"section","heading":"Acid sulfate soils","content":"#### 7 Acid sulfate soils\n\n7.1 Acid sulfate soils\n\n> > (1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.\n> \n> > (2) Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the [Acid Sulfate Soils Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/greater-taree-local-environmental-plan-2010) as being of the class specified for those works.\n> > \n> > | Class of land shown on the Acid Sulfate Soils Map | Works |\n> > | 1 | Any works. |\n> > | 2a | Works below the natural ground surface.Works by which the watertable is likely to be lowered. |\n> > | 2b | Works other than ploughing 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, 2a, 2b, 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, 2a, 2b, 3 or 4 land. |\n> \n> > (3) Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.\n> \n> > (4) Despite subclause (2), development consent is not required under this clause for the carrying out of works if—\n> > \n> > > (a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and\n> > \n> > > (b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.\n> \n> > (5) Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—\n> > \n> > > (a) emergency work, being the repair or replacement of the works of the public authority required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,\n> > \n> > > (b) routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),\n> > \n> > > (c) minor work, being work that costs less than $20,000 (other than drainage work).\n> \n> > (6) Despite subclause (2), development consent is not required under this clause to carry out any works if—\n> > \n> > > (a) the works involve the disturbance of less than 1 tonne of soil, and\n> > \n> > > (b) the works are not likely to lower the watertable.\n> \n> **cl 7.1:** Am 2014 (169), Sch 1 \\[5\\].","sortOrder":179},{"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 2014 (169), Sch 1 \\[9\\] \\[10\\]; 2018 (142), Sch 1 \\[1\\] \\[2\\]; 2020 (20), cl 5; 2022 (831), Sch 1.11\\[12\\] \\[13\\].","sortOrder":192},{"sectionNumber":"8","sectionType":"section","heading":"Use of particular land identified as Area 5 on the Additional Uses Map","content":"#### 8 Use of particular land identified as Area 5 on the Additional Uses Map\n\n8 Use of particular land identified as Area 5 on the [Additional Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/greater-taree-local-environmental-plan-2010)\n\n> > (1) This clause applies to land identified as Area 5 on the [Additional Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/greater-taree-local-environmental-plan-2010).\n> \n> > (2) Development for the purposes of residential accommodation is permitted with development consent if—\n> > \n> > > (a) the total gross floor area of the development does not exceed 30% of the total gross floor area of all buildings used for the purposes of tourist and visitor accommodation in Area 5, and\n> > \n> > > (b) there are existing recreation facilities (indoor) or recreation facilities (outdoor) in Area 5, and\n> > \n> > > (c) the consent authority is satisfied that there is a need for residential accommodation to ensure the following—\n> > > \n> > > > (i) the safety, security and viability of tourist and visitor accommodation during the off-season,\n> > > \n> > > > (ii) the retention of local employment during the off-season.","sortOrder":200},{"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 1.11\\[14\\].","sortOrder":201},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Boundary adjustments","content":"#### sch.2-sec Boundary adjustments\n\nBoundary adjustments\n\n> > (1) Must not create any additional lots.\n> \n> > (2) Must not change the area of any lot by more than 5%.\n> \n> > (3) If located on bush fire prone land that could be lawfully used for residential or rural residential purposes, must have a bush fire safety authority under the [Rural Fires Act 1997](/view/html/inforce/current/act-1997-065).","sortOrder":202},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Bus shelters (other than by or for the Council)","content":"#### sch.2-sec-oc.2 Bus shelters (other than by or for the Council)\n\nBus shelters (other than by or for the Council)\n\n> > (1) Must be structurally adequate.\n> \n> > (2) Must not obstruct the line of sight for vehicular traffic.\n> \n> > (3) Maximum height above the footpath level (existing)—3m.\n> \n> > (4) Maximum area—10m2.\n> \n> > (5) Must have non-reflective surface finishes.\n> \n> > (6) Must not obstruct pedestrian traffic.\n> \n> > (7) Access must not include any steps or grades greater than 1:14.\n> \n> > (8) Must reflect the character and amenity of the area.\n> \n> > (9) Must not include advertising.\n> \n> > (10) Must not restrict visibility of incoming buses.","sortOrder":203},{"sectionNumber":"sch.2-sec-oc.3","sectionType":"section","heading":"Dams (rural zones and Zone R5)","content":"#### sch.2-sec-oc.3 Dams (rural zones and Zone R5)\n\nDams (rural zones and Zone R5)\n\n> > (1) Maximum embankment fill batter grades—1 (vertical):2.5 (horizontal).\n> \n> > (2) Minimum distance from property boundary at closest point—10m.\n> \n> > (3) Minimum fill embankment crest width—3m.\n> \n> > (4) Minimum height difference between the embankment crest level and the spillway level—1m.\n> \n> > (5) Maximum fill embankment height, as measured from ground level (existing) immediately down slope of the embankment to the top of the embankment crest level—3m.\n> \n> > (6) Trees must not be removed or damaged by dam construction.\n> \n> > (7) Must not be in any area identified on the [Acid Sulfate Soils Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/greater-taree-local-environmental-plan-2010).\n> \n> > (8) Maximum capacity of water storage—3ML.\n> \n> > (9) Must not be constructed in a watercourse.","sortOrder":204},{"sectionNumber":"sch.2-sec-oc.4","sectionType":"section","heading":"Demolition","content":"#### sch.2-sec-oc.4 Demolition\n\nDemolition\n\n> > (1) Must be the demolition of development that would be exempt development under this Schedule.\n> \n> > (2) Must not be, or be on, a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area.\n> \n> > (3) Must comply with AS 2601—2001, The demolition of structures.","sortOrder":205},{"sectionNumber":"sch.2-sec-oc.5","sectionType":"section","heading":"Fences (swimming pool safety fences)","content":"#### sch.2-sec-oc.5 Fences (swimming pool safety fences)\n\nFences (swimming pool safety fences)\n\n> If installed in accordance with the requirements of the [Swimming Pools Act 1992](/view/html/inforce/current/act-1992-049) and the [Swimming Pools Regulation 2008](/view/html/repealed/current/sl-2008-0399).","sortOrder":206},{"sectionNumber":"sch.2-sec-oc.6","sectionType":"section","heading":"Signs, advertising and notices (business identification signs in employment and mixed use zones and Zone W4)","content":"#### sch.2-sec-oc.6 Signs, advertising and notices (business identification signs in employment and mixed use zones and Zone W4)\n\nSigns, advertising and notices (business identification signs in employment and mixed use zones and Zone W4)\n\n> > (1) Must not be on a heritage item or in a heritage conservation area.\n> \n> > (2) If suspended under awning signs—\n> > \n> > > (a) only one per premises, and\n> > \n> > > (b) must be securely fixed by metal supports, and\n> > \n> > > (c) maximum area—1.5m2, and\n> > \n> > > (d) must be at least 2.6m above ground level (existing), and\n> > \n> > > (e) must not cover mechanical ventilation inlet or outlet vents.\n> \n> > (3) Projecting wall signs (vertical or horizontal)—\n> > \n> > > (a) only one per premises, and\n> > \n> > > (b) maximum area—2.5m2, and\n> > \n> > > (c) must be at least 2.6m above ground level (existing), and\n> > \n> > > (d) must not be erected on an item of environmental heritage, unless using existing approved fixings, and\n> > \n> > > (e) must not cover mechanical ventilation inlet or outlet vents.\n> \n> > (4) Flush wall signs—\n> > \n> > > (a) maximum area—2.5m2, and\n> > \n> > > (b) must be securely fixed, and\n> > \n> > > (c) must be at least 2.6m above ground level (existing), and\n> > \n> > > (d) must not cover mechanical ventilation inlet or outlet vents.\n> \n> > (5) Top hamper signs—\n> > \n> > > (a) maximum area—2.5m2, and\n> > \n> > > (b) must be securely fixed, and\n> > \n> > > (c) must not cover mechanical ventilation inlet or outlet vents.","sortOrder":207},{"sectionNumber":"sch.2-sec-oc.7","sectionType":"section","heading":"Signs, advertising and notices (business identification signs in residential and rural residential zones)","content":"#### sch.2-sec-oc.7 Signs, advertising and notices (business identification signs in residential and rural residential zones)\n\nSigns, advertising and notices (business identification signs in residential and rural residential zones)\n\n> > (1) Must not be on a heritage item or in a heritage conservation area.\n> \n> > (2) Maximum area—0.75m2.\n> \n> > (3) Must be at least 2.6m above ground level (existing).\n> \n> > (4) Must not cover mechanical ventilation inlet or outlet vents.","sortOrder":208},{"sectionNumber":"sch.2-sec-oc.8","sectionType":"section","heading":"Signs, advertising and notices (real estate signs)","content":"#### sch.2-sec-oc.8 Signs, advertising and notices (real estate signs)\n\nSigns, advertising and notices (real estate signs)\n\n> > (1) Maximum area of a single sign—2.5m2.\n> \n> > (2) Maximum total area of all signs—4.5m2.\n> \n> > (3) Must be removed within 14 days of sale or lease of property.","sortOrder":209},{"sectionNumber":"sch.2-sec-oc.9","sectionType":"section","heading":"Tennis courts (private and non-commercial)","content":"#### sch.2-sec-oc.9 Tennis courts (private and non-commercial)\n\nTennis courts (private and non-commercial)\n\n> > (1) Must be on a lot in a rural zone or on land in Zone R5 Large Lot Residential with a site area greater than 1ha and associated with a dwelling house.\n> \n> > (2) Must not have lighting.\n> \n> > (3) Only 1 per property.\n> \n> > (4) Must not interfere with any approved on-site effluent disposal or treatment system.\n> \n> > (5) Maximum cut and fill—600mm.\n> \n> > (6) Must be located behind the front building line.","sortOrder":210},{"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.\n\n**sch 3:** Am 2011 (363), Sch 10 \\[45\\]; 2022 (831), Sch 1.11\\[15\\].","sortOrder":211},{"sectionNumber":"sch.3-sec","sectionType":"section","heading":"Industrial buildings and warehouses","content":"#### sch.3-sec Industrial buildings and warehouses\n\nIndustrial buildings and warehouses\n\n> > (1) Application and general\n> > \n> > > (a) Must be on land in Zone E4, E5 or W4.\n> > \n> > > (b) Must be the—\n> > > \n> > > > (i) erection of a new industrial or warehouse building, or\n> > > \n> > > > (ii) external alteration of, or adding to, an industrial or warehouse building for which a development consent is in force.\n> \n> > (2) Bulk and scale\n> > \n> > > (a) Maximum gross floor space—800m2.\n> > \n> > > (b) Maximum cubic capacity—6,000m3.\n> > \n> > > (c) Maximum floor space ratio—0.5:1.\n> > \n> > > (d) Height of any walls at the eave must not be more than 7.2m above the ground level (existing) at any point excluding a parapet.\n> > \n> > > (e) Parapets may extend a maximum of 1.2m above the intersection of the wall and the roof.\n> \n> > (3) Setbacks and siting\n> > \n> > > (a) Must be setback at least 5m from the rear boundary.\n> > \n> > > (b) Awnings or eaves must not encroach more than 1m into setback areas.\n> > \n> > > (c) All parts of the building must be at least 9m from the front boundary and 3m from any secondary street frontage.\n> \n> > (4) Design, finishes and landscape\n> > \n> > > (a) If alterations and additions, must not be to the street frontage of an existing building.\n> > \n> > > (b) Maximum roof pitch—10°.\n> \n> > (5) Site works Maximum cut or fill—1m. (May be both cut and fill to 1m on the same site.)\n> \n> > (6) Landscaping and open space A landscaped strip of at least 3m to each street frontage within the front setback area must be planted with canopy trees and shrubs.\n> \n> > (7) Stormwater and waste management\n> > \n> > > (a) Roof and surface water must be drained to the street and discharged into the Council’s nearest stormwater drainage system in the street.\n> > \n> > > (b) Drainage system must be designed for a 1 in 10 year storm event, and so that any excess will flow overland to the street.\n> > \n> > > (c) Must be serviced by reticulated water and sewerage and electricity.\n> > \n> > > (d) Garbage, recycling and storage areas must be provided on-site and behind the building line of the property.\n> > \n> > > (e) Garbage stand must be screened if the receptacle is visible from a public place.\n> > \n> > > (f) Must not provide for incinerators.\n> \n> > (8) Access, parking and traffic\n> > \n> > > (a) Sealed road access must be available to the site.\n> > \n> > > (b) Must have kerb and gutter in accordance with the Council’s standard design to the full frontage of the site.\n> > \n> > > (c) Carparking areas must be located behind a 3m landscaping strip to any street frontage.\n> > \n> > > (d) If alterations and additions, must not involve the removal of any existing car parking spaces.\n> > \n> > > (e) If alterations and additions will generate additional car parking demand, additional car parking spaces must be provided within the site without the need to remove any landscaping that was required to be provided through the conditions of development consent for the existing building.\n> \n> > (9) Exclusions and other matters\n> > \n> > > (a) If an industrial building located on flood planning land, floor levels must be above the 1:100 year flood level.\n> > \n> > > (b) If on flood planning land, electrical switches and powerpoints must be located 800mm above the 1:100 year flood level.\n> > \n> > > (c) Must provide a schedule of proposed fire safety measures.\n> > \n> > > (d) Must not be on bush fire prone land.","sortOrder":213},{"sectionNumber":"sch.3-sec-oc.2","sectionType":"section","heading":"General conditions","content":"#### sch.3-sec-oc.2 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":215},{"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":216},{"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 2014 (169), Sch 1 \\[11\\]–\\[15\\]; 2014 (490), Sch 1 \\[5\\] \\[6\\]; 2014 No 88, Sch 2.27; 2015 (678), Sch 1 \\[4\\]; 2017 (55), Sch 1 \\[2\\]–\\[6\\]; 2017 No 22, Sch 2.16.","sortOrder":220},{"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":224},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":226},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":228},{"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":239},{"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":240},{"sectionNumber":"11","sectionType":"section","heading":"Culture water","content":"#### 11 Culture water\n\n11 Culture water\n\n> Must use freshwater.","sortOrder":241}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Plan has grown beyond a simple consolidation of local planning rules into a layered instrument with many targeted, site‑specific and technical additions introduced over time. Evidence in the instrument shows repeat amendments and insertions (for example clause 1.9A was inserted/amended in 2011 and 2019; clauses 4.1AA, 4.1B, 4.1C, 4.1D and Parts of Part 7 were inserted in subsequent amendment schedules). These additions include specialised provisions (aquaculture rules in clause 5.19 and Schedule 6; Brimbin clustering clauses 7.8–7.9; site‑specific additional uses in Schedule 1; suspension of private covenants at clause 1.9A) and enhanced environmental/climate planning clauses (flood planning clause 5.21). The cumulative effect is an instrument that still serves the original purpose of regulating local land use (clause 1.2) but also embeds many bespoke economic, environmental and site‑level policy interventions that extend the Plan’s scope beyond a pure zoning code."},"complexity_factors":["Multiple zone categories (about 24 zone types listed at cl 2.1) with separate objectives and detailed land‑use tables for each zone (Part 2 / Land Use Table).","Heavy reliance on external and internal maps (Land Zoning Map, Lot Size Map, Height of Buildings Map, Floor Space Ratio Map, Heritage Map, Acid Sulfate Soils Map, Land Reservation Acquisition Map, Obstacle Limitation Surface Map) (clauses 1.3, 1.7, cll 4.1, 4.3, 4.4, 5.1, 7.1, 7.4).","Six schedules with technical and site‑specific rules (Schedules 1–6), including a long heritage inventory (Schedule 5) and exempt/compliant development lists (Schedules 2–3).","Extensive cross‑references to State and Commonwealth instruments and Acts (EP&A Act, multiple SEPPs, Local Government Act, Crown Land Management Act, Fisheries Management, Heritage Act, Rural Fires Act, etc.), creating layered compliance obligations (see clauses throughout, e.g. cl 1.9, cl 5.12, cl 7.1).","Multiple conditional and nested exception provisions (e.g. exceptions to lot sizes — cll 4.1AA, 4.1B, 4.1C, 4.1D; exceptions to development standards — cl 4.6) with zone‑specific carve‑outs.","Numerous site‑ or area‑specific clauses and inserts (e.g. Brimbin clauses 7.8–7.9; Cundletown freight hub clause 7.10; Schedule 1 additional permitted uses) that depart from general rules.","Detailed technical controls for special uses (aquaculture Schedule 6 and clause 5.19; intensive livestock clause 5.18; flood planning clause 5.21; acid sulfate soils clause 7.1) that require technical assessments and management plans.","Significant consent authority discretion across the Plan (e.g. consideration of zone objectives cl 2.3(2), heritage assessment requirements cl 5.10(4)–(6), exceptions to standards cl 4.6), increasing case‑by‑case complexity and uncertainty."],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- Creates a local environmental plan (the Greater Taree Local Environmental Plan 2010) that sets the land-use rules for the area shown on the Plan’s maps (zoning, lot size, building height, floor space ratios and special-purpose maps). Key map-based controls are referenced at clauses 1.3 and 1.7 and used throughout (for example clause 4.3 for height, clause 4.4 for floor space ratio and clause 4.1 for minimum lot sizes).\n\n- Establishes the Council as the primary consent authority to decide development applications, subject to the Act (clause 1.6). It specifies which uses are:\n  - permitted without consent (exempt uses),\n  - permitted only with development consent, and\n  - prohibited, for each zone (Part 2 and the Land Use Table at clause 2.3).\n\n- Lists and defines the zones that apply across the local area (clause 2.1) and maps land into those zones (clause 2.2). There are separate zone objectives and detailed land‑use tables for each zone (Part 2 / Land Use Table).\n\n- Sets principal development standards that development must meet or obtain consent to vary: minimum lot sizes (clause 4.1 and related clauses 4.1AA–4.1D), controls on subdivision (clause 2.6), building heights (clause 4.3), floor space ratios (clause 4.4 and clause 4.5 for calculation rules) and the mechanism for exceptions to standards (clause 4.6).\n\n- Identifies exempt and complying development types and the tests that make those pathways available (Part 3, clauses 3.1–3.3; Schedules 2 and 3).\n\n- Imposes a range of local or subject‑specific controls and consent requirements: heritage controls (clause 5.10 and Schedule 5), flood planning (clause 5.21), acid sulfate soils (clause 7.1), earthworks (clause 7.3), aquaculture rules (clause 5.19 and Schedule 6), eco‑tourism requirements (clause 5.13), limits on canal estates (clause 2.9), and others in Part 7.\n\n- Contains site‑specific or area‑specific exceptions and additional permitted uses (Schedule 1 and clauses 7.8–7.10 for identified sites).\n\n- Repeals earlier local environmental plans that applied only to this area and provides savings for pending development applications (clause 1.8 and clause 1.8A). It also contains a suspension mechanism that, to the extent necessary, can displace private covenants that would prevent development permitted by the Plan (clause 1.9A), with specified exceptions.\n\n**Official stated aims (as recorded in the Plan)**\n\n- To regulate use and development in Greater Taree City in accordance with the standard environmental planning instrument framework (clause 1.2(1)).\n- Particular aims include promoting ecologically sustainable development, protecting natural and cultural heritage, coordinating infrastructure and community services, minimising exposure to natural hazards, and supporting a diverse local economy (clause 1.2(2)).\n\n**Who this affects and who decides**\n\n- Affected parties: landowners, prospective buyers, developers, builders, owners/operators of licensed premises, farmers and primary producers, operators of tourism and aquaculture businesses, and local communities adjacent to development sites.\n- Decision‑maker: the Council acts as the consent authority for most planning decisions under the Plan (clause 1.6), but some approvals or consultations are required with State or Commonwealth bodies for particular matters (for example airport airspace—clause 7.4; State infrastructure certification—clause 6.1 and clause 5.1).\n\n**Why it matters (practical effects and how the Plan changes behaviour)**\n\n- The Plan determines what can be built where, the pathway for approvals, and the standards (lot size, height, FSR) that shape the scale and type of development (clauses 2.3, 4.1, 4.3, 4.4, 4.5). That affects land values, development feasibility and what uses are commercially viable on a parcel of land.\n\n- It centralises regulatory discretion in the Council (clause 1.6) and creates statutory tests developers must meet for consent (for example heritage impact tests at clause 5.10, flood‑compatibility tests at clause 5.21, acid sulfate soils management plans at clause 7.1). Developers must budget for compliance costs (studies, management plans, design changes) and for potential conditions of consent.\n\n- The Plan both restricts and enables development. It restricts specific activities (for example canal estates are prohibited—clause 2.9) and protects environmental and heritage values (clause 5.10, Schedule 5). It also creates opportunities: complying development pathways (Part 3, Schedule 3), area‑specific permitted uses (Schedule 1), and provisions that allow limited flexibility (exceptions to development standards—clause 4.6). Site‑specific provisions (clauses 7.8–7.10) can create concentrated development opportunities.\n\n**Costs, incentives and trade‑offs (practical tests of the Plan’s mechanics)**\n\n- Who pays and who bears costs:\n  - Private landowners and developers carry the direct costs of preparing development applications, environmental and heritage assessments, management plans (e.g. acid sulfate soils at clause 7.1), infrastructure contributions and any works required by conditions of consent.\n  - The Council bears decision‑making costs and enforcement responsibilities; State agencies may incur costs when they are the acquiring authority or required to be consulted (clause 5.1, clause 7.4).\n\n- Incentives and behavioural effects:\n  - Minimum lot size, subdivision and strata limits (clauses 4.1, 4.1AA, 4.2B) act as supply constraints on smaller lot creation and strata subdivision in certain zones; that will influence the type and density of housing developers propose and can raise the relative value of larger lots or zoned sites that permit denser development.\n  - The exceptions framework (clause 4.6) provides a pathway to vary development standards where applicants can show compliance is unreasonable or unnecessary; that creates an incentive to prepare justification material and may increase negotiation and conditional approvals.\n  - Exempt and complying development pathways (Part 3, Schedules 2–3) reduce transactional cost for small/standard projects but are limited in environmentally sensitive areas (clause 3.3).\n\n- Trade‑offs and opportunity costs:\n  - Strong heritage and environmental protections (clause 5.10, Schedule 5; clause 7.1; clause 5.21 flood planning) protect values but increase upfront compliance time and costs and reduce developable area or types of permissible development.\n  - Site‑specific additional uses (Schedule 1) concentrate benefits on particular landowners or projects while other owners remain subject to the generic table—this creates concentrated benefits and potential for targeted investment on those parcels.\n\n- Implementation and compliance risk:\n  - Many provisions depend on external maps, State policies and standards (clauses 1.3 and 1.7) and on coordination with State agencies for infrastructure or aviation safety (clauses 5.1, 6.1, 7.4). Delays or changes in those instruments or in map updates can affect certainty.\n  - The consent authority has significant discretion in many clauses (for example zone objectives (clause 2.3(2)), exceptions to development standards (clause 4.6(3)), heritage conservation incentives (clause 5.10(10))). Discretion increases case‑by‑case uncertainty for applicants.\n\n- Effects on private enterprise and markets:\n  - Zoning and development standards shape what business types can operate in which locations (see the Land Use Table and the zone‑by‑zone permitted/prohibited lists). This affects competition between firms (e.g. retail limits in E3 to protect town centres) and influences investor decisions about site suitability.\n  - Infrastructure and essential services tests (clauses 6.2 and 7.11) link development approval to physical capacity, which can delay or limit development until services are provided or funded.\n\n**Notable specific mechanics and their likely practical consequences (with clause references)**\n- The Plan can suspend private covenants to the extent necessary to enable development authorised by the Plan (clause 1.9A), except for several specified instruments (e.g. Crown land instruments, conservation agreements). This reduces one private constraint on development but preserves public‑interest covenants.\n- Canal estate development is explicitly prohibited (clause 2.9), removing a particular coastal land use option and directing developers away from creating artificial waterways.\n- Special controls for aquaculture and intensive livestock set operational/location thresholds and allow small operations without consent under tightly specified distances and capacities (clause 5.18; 5.19 and Schedule 6). Those rules frame how agricultural and aquaculture businesses can scale and where they can locate.\n- Heritage controls require consent for demolition, alteration or development affecting listed heritage items and conservation areas (clause 5.10 and Schedule 5). The Plan also allows conservation‑linked development incentives where conservation work is required as part of consent (clause 5.10(10)).\n\n**Immediate practical steps for affected parties**\n- Landowners and developers should consult the Plan’s maps (zoning, lot size, height, flood, acid sulfate soils) early (clauses 1.3 and 1.7), then discuss site constraints with Council (the consent authority (clause 1.6)).\n- For developments that trigger special clauses (heritage, acid sulfate soils, flood planning, airport surfaces, aquaculture), build the required technical documents into the project timeline and budget (clauses 7.1, 5.10, 5.21, 7.4, 5.19).\n\n**Bottom line**\nThis LEP sets the local rules that determine where and how land can be used and developed in Greater Taree City. It combines zone‑based ‘what’s permitted’ rules, mapped development standards (lot size, height, FSR), pathways for exempt and complying development, and a range of environment, heritage and site‑specific controls. The Council is the primary decision maker. The Plan reduces some private obstacles to permitted development (for example by suspending some covenants in limited circumstances) while adding regulatory tests intended to protect environmental, heritage and health outcomes. Those mechanics change costs, approval timelines and feasible project types for landholders and developers (see clauses cited above)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":670},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"This appears to be the standard form of a NSW Local Environmental Plan under the standard instrument template. The scope remains focused on local land use planning, zoning, and development control for the Greater Taree area. While there are numerous amendments (evident from the clause histories), these represent incremental updates rather than scope expansion beyond the original purpose of local environmental planning."},"complexity_factors":["25 separate land use zones with distinct objectives and permitted uses","Extensive cross-referencing to maps (Lot Size Map, Height Map, Floor Space Ratio Map, Heritage Map, Acid Sulfate Soils Map, etc.)","Multiple layers of exceptions and special provisions (clauses 4.1B, 4.1C, 4.1D, 4.2, 4.2A, 4.2B, 4.2C for subdivision alone)","Over 300 individually listed heritage items with specific property descriptions","Nested definitions and conditions for exempt and complying development","Multiple amendments tracked through clause histories (e.g., 'Am 2011 (363), Sch 10 [35]')","Interaction with State Environmental Planning Policies (SEPPs) that override or supplement this plan","Detailed technical requirements for specific land uses (aquaculture, intensive livestock, eco-tourism)"],"plain_english_summary":"This is a **Local Environmental Plan (LEP)** for the Greater Taree area (now part of Mid-Coast Council) in New South Wales. It sets the rules for what can be built and how land can be used across the region.\n\n**What it does:**\n- **Zones land** into categories like rural (farming, forestry), residential, commercial, industrial, and conservation areas — 25 zones in total\n- **Controls development** by specifying what needs approval (development consent), what is allowed without approval, and what is banned in each zone\n- **Sets minimum lot sizes** for subdividing land, with special rules for rural areas to prevent fragmentation of farmland\n- **Protects heritage** — lists over 300 heritage items (buildings, trees, cemeteries, bridges) and 6 heritage conservation areas\n- **Manages environmental risks** — includes special rules for flood-prone land, acid sulfate soils, bush fire hazards, and aircraft noise near Taree Airport\n- **Enables faster approvals** — identifies \"exempt\" development (no approval needed) and \"complying\" development (fast-tracked approval) for straightforward projects\n\n**Who it affects:**\n- Property owners wanting to build, subdivide, or change land use\n- Farmers and rural landholders\n- Developers and businesses\n- Anyone in the Greater Taree area making planning decisions\n\n**Key local features:**\n- Special protections for the Manning River, coastal areas, and rural landscapes\n- Rules to maintain Taree Airport operations and manage aircraft noise\n- Provisions for farm stay accommodation and agritourism\n- Heritage protection for historic towns like Wingham, Tinonee, and Taree\n- Aquaculture (oyster farming, fish ponds) rules for the region's waterways"},"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":7,"scope_assessment":{"changed":true,"description":"The plan has undergone more than 60 amendments since its original commencement in June 2010, strongly indicating that its scope and detailed provisions have evolved substantially over 15 years. Individual amendments would have rezoned specific parcels, changed permitted land uses, updated development standards, and incorporated new state-level policy requirements — well beyond the original intent of the plan as made."},"complexity_factors":["Extensive amendment history — more than 60 separate versions since 2010, meaning the current rules differ significantly from the original and historical research is complex","Operates under the Environmental Planning and Assessment Act 1979, which itself is a highly complex piece of legislation with many interconnected provisions","Applies across a large and diverse geographic area with many different land zones, each carrying different permitted uses, prohibited uses, and development standards","Incorporates maps and schedules (not visible in this extract) that are essential to understanding what applies to any specific parcel of land","Interacts with state environmental planning policies (SEPPs), which can override or modify local plan provisions — requiring users to check multiple layers of law simultaneously","Technical planning concepts (floor space ratios, height limits, lot sizes, heritage overlays, biodiversity mapping) require specialist knowledge to interpret correctly","Only the status/timeline page was provided — the substantive provisions of the plan are not included in this extract, limiting full analysis"],"plain_english_summary":"The Greater Taree Local Environmental Plan 2010 is the zoning rulebook for land use and development across the Greater Taree/Mid-Coast Council area. It tells property owners, developers, businesses, farmers and residents what uses are allowed, what needs council approval, and what standards (like heights, lot sizes and environmental protections) apply.\n\nIt matters because it determines whether and how you can build, subdivide or change land use in the region; check the current, frequently amended version before acting."}},"importantCases":[],"_links":{"self":"/api/acts/greater-taree-local-environmental-plan-2010","history":"/api/acts/greater-taree-local-environmental-plan-2010/history","analysis":"/api/acts/greater-taree-local-environmental-plan-2010/analysis","conflicts":"/api/acts/greater-taree-local-environmental-plan-2010/conflicts","importantCases":"/api/acts/greater-taree-local-environmental-plan-2010/important-cases","documents":"/api/acts/greater-taree-local-environmental-plan-2010/documents"}}