{"id":"nsw:epi-2012-0591","name":"Guyra Local Environmental Plan 2012","slug":"guyra-local-environmental-plan-2012","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"591 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181453,"registerId":"nsw-nsw:epi-2012-0591-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 [Guyra Local Environmental Plan 2012](/view/html/inforce/current/epi-2012-0591).","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> > 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","sortOrder":14},{"sectionNumber":"pt","sectionType":"part","heading":"Land Use Table","content":"# pt Land Use Table\n\nLand Use Table\n\nNote—\n\nState environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—\n\n> [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714)\n\n> [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems\n\n> [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 2\n\n> [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 3\n\n> [State Environmental Planning Policy (Industry and Employment) 2021](/view/html/inforce/current/epi-2021-0723), Chapter 3\n\n> [State Environmental Planning Policy (Primary Production) 2021](/view/html/inforce/current/epi-2021-0729), Chapter 2\n\n**Land Use tbl:** Am 2015 (825), Sch 1 \\[1\\]; 2016 (168), Sch 1 \\[2\\] \\[5\\]; 2017 (493), Sch 1.1 \\[1\\]; 2018 (488), Sch 1.1 \\[1\\]; 2019 (137), Sch 6 \\[1\\]; 2020 (291), cl 4; 2022 (314), Sch 1; 2023 (458), Sch 2.39.\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 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","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; Animal boarding or training establishments; Aquaculture; Boat launching ramps; Boat sheds; 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; Educational establishments; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Function centres; Home businesses; Home industries; Industrial training facilities; Information and education facilities; Intensive livestock agriculture; Jetties; Landscaping material supplies; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Research stations; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Service stations; Signage; Tourist and visitor accommodation; Transport depots; Truck depots; Turf farming; Veterinary hospitals; Water recreation structures; Water supply systems","sortOrder":33},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Advertising structures; Hotel or motel accommodation; Serviced apartments; 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":71},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":75},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":88},{"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/guyra-local-environmental-plan-2012) (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":89},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":115},{"sectionNumber":"6","sectionType":"section","heading":"Earthworks","content":"#### 6 Earthworks\n\n6.1 Earthworks\n\n> > (1) The objective of this clause is to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.\n> \n> > (2) Development consent is required for earthworks unless—\n> > \n> > > (a) the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or\n> > \n> > > (b) the earthworks are ancillary to development that is permitted without consent under this Plan or to development for which development consent has been given.\n> \n> > (3) Before granting development consent for earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters—\n> > \n> > > (a) the likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development,\n> > \n> > > (b) the effect of the development on the likely future use or redevelopment of the land,\n> > \n> > > (c) the quality of the fill or the soil to be excavated, or both,\n> > \n> > > (d) the effect of the development on the existing and likely amenity of adjoining properties,\n> > \n> > > (e) the source of any fill material and the destination of any excavated material,\n> > \n> > > (f) the likelihood of disturbing relics,\n> > \n> > > (g) the proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area,\n> > \n> > > (h) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.\n> \n> Note.\n> \n> The [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), particularly section 86, deals with harming Aboriginal objects.","sortOrder":116},{"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 2023 (553), Sch 1\\[1\\] \\[2\\].","sortOrder":122},{"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 2013 No 47, Sch 2.13.","sortOrder":124},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Cemeteries and burial grounds (other than those to which clause 5.10 applies)","content":"#### sch.2-sec Cemeteries and burial grounds (other than those to which clause 5.10 applies)\n\nCemeteries and burial grounds (other than those to which clause 5.10 applies)\n\n> > (1) Must only involve—\n> > \n> > > (a) the creation of a new grave or monument, or\n> > \n> > > (b) the excavation or disturbance of land for the purpose of carrying out the conservation or repair of a monument or grave marker.\n> \n> > (2) Must be within an existing cemetery or burial ground.\n> \n> > (3) Must not be undertaken in a site identified as a heritage item.\n> \n> Note.\n> \n> Clause 5.10 contains provisions that deal with the disturbance of human remains, relics in the form of grave goods or places of Aboriginal heritage significance.","sortOrder":125},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Lighting (external)","content":"#### sch.2-sec-oc.2 Lighting (external)\n\nLighting (external)\n\n> > (1) Must not be for lighting a tennis court or sports ground.\n> \n> > (2) Must be constructed so that light spill is contained within the site and in accordance with AS 4282—1997, Control of the obtrusive effects of outdoor lighting.","sortOrder":126},{"sectionNumber":"sch.2-sec-oc.3","sectionType":"section","heading":"Signage—generally","content":"#### sch.2-sec-oc.3 Signage—generally\n\nSignage—generally\n\n> > All signs must comply with the following—\n> > \n> > > (a) must not be on a building or land that is a heritage item,\n> > \n> > > (b) must relate to the premises on which the sign is situated,\n> > \n> > > (c) must relate to a lawful use of, and carried out on, the land,\n> > \n> > > (d) must not cover a mechanical ventilation inlet or outlet vent,\n> > \n> > > (e) if fixed to a wall—must be securely fixed by rigid non-corroding metal supports.","sortOrder":127},{"sectionNumber":"sch.2-sec-oc.4","sectionType":"section","heading":"Signage—A-framed signs on private land","content":"#### sch.2-sec-oc.4 Signage—A-framed signs on private land\n\nSignage—A-framed signs on private land\n\n> > A-framed signs on private land must comply with the following—\n> > \n> > > (a) must be on land in a business or industrial zone,\n> > \n> > > (b) only 1 per property,\n> > \n> > > (c) maximum display area (on each side)—0.5m2,\n> > \n> > > (d) must not obstruct access to the land or any adjacent land,\n> > \n> > > (e) must be secure and stable,\n> > \n> > > (f) must not require construction work,\n> > \n> > > (g) must not involve any live or recorded entertainment, including music, broadcast programs, flashing lights and the like,\n> > \n> > > (h) must be removed at the close of business each day.","sortOrder":128},{"sectionNumber":"sch.2-sec-oc.5","sectionType":"section","heading":"Signage—business identification signs in business zones","content":"#### sch.2-sec-oc.5 Signage—business identification signs in business zones\n\nSignage—business identification signs in business zones\n\n> > (1) Under awning signs and projecting wall signs must comply with the following—\n> > \n> > > (a) maximum display area (on each side)—1.5m2,\n> > \n> > > (b) maximum length—2.5m,\n> > \n> > > (c) the underside must be 2.6m above the footpath and not less than 0.6m behind the kerb,\n> > \n> > > (d) only 1 per property.\n> \n> > (2) Top hamper signs must comply with the following—\n> > \n> > > (a) maximum size—1.5m2,\n> > \n> > > (b) must not extend below the lintel of door way or window over which the sign is attached,\n> > \n> > > (c) must not be fixed more than 3.5m above the existing ground level,\n> > \n> > > (d) only 1 per property.\n> \n> > (3) Fascia signs must comply with the following—\n> > \n> > > (a) must be attached to an existing fascia,\n> > \n> > > (b) must be fixed flush with the fascia,\n> > \n> > > (c) must not extend above or below the fascia or return end of the awning,\n> > \n> > > (d) must not be illuminated,\n> > \n> > > (e) only 1 per property.\n> \n> > (4) Flush wall signs must comply with the following—\n> > \n> > > (a) maximum area—2.5m2,\n> > \n> > > (b) must not occupy more than 50% of the wall on which the sign appears,\n> > \n> > > (c) maximum height—3.0m above existing ground level,\n> > \n> > > (d) must not extend above the top of the wall to which the sign is attached,\n> > \n> > > (e) must be securely fixed to an existing wall,\n> > \n> > > (f) must not be illuminated,\n> > \n> > > (g) only 1 per property.","sortOrder":129},{"sectionNumber":"sch.2-sec-oc.6","sectionType":"section","heading":"Signage—business identification signs in industrial zones","content":"#### sch.2-sec-oc.6 Signage—business identification signs in industrial zones\n\nSignage—business identification signs in industrial zones\n\n> Pole or pylon signs must comply with the following—\n> \n> > (a) maximum height—5m,\n> \n> > (b) maximum area (per side)—2.5m2,\n> \n> > (c) must be built in accordance with an engineer’s certification for the structure and footings,\n> \n> > (d) must be constructed at least 1m from the centreline of any sewer or water main,\n> \n> > (e) must not encroach on any registered easement,\n> \n> > (f) only 1 per property.","sortOrder":130},{"sectionNumber":"sch.2-sec-oc.7","sectionType":"section","heading":"Signage—business identification signs or building identification signs in residential zones","content":"#### sch.2-sec-oc.7 Signage—business identification signs or building identification signs in residential zones\n\nSignage—business identification signs or building identification signs in residential zones\n\n> Business identification signs or building identification signs in residential zones must comply with the following—\n> \n> > (a) maximum area—1m2,\n> \n> > (b) must be secure and stable,\n> \n> > (c) must not be illuminated,\n> \n> > (d) must not extend beyond property boundaries,\n> \n> > (e) only 1 per property.","sortOrder":131},{"sectionNumber":"sch.2-sec-oc.8","sectionType":"section","heading":"Signage—real estate signs","content":"#### sch.2-sec-oc.8 Signage—real estate signs\n\nSignage—real estate signs\n\n> Real estate signs must comply with the following—\n> \n> > (a) maximum size—\n> > \n> > > (i) single dwelling house—2.5m2,\n> > \n> > > (ii) multi dwelling housing of less than 10 dwellings—10m2,\n> > \n> > > (iii) commercial or industrial premises—5m2,\n> > \n> > > (iv) rural property—10m2,\n> > \n> > > (v) subdivision of 20 lots or less—10m2,\n> > \n> > > (vi) subdivision more than 20 lots—15m2,\n> \n> > (b) maximum width—4m.\n> \n> > (c) maximum height of signs—6m,\n> \n> > (d) must contain the words that the building or site to which it is affixed is for sale or lease,\n> \n> > (e) if the sign relates to a proposed building or subdivision—must not be erected until development consent for the building or subdivision has been approved,\n> \n> > (f) maximum of 2 signs per property,\n> \n> > (g) must not be illuminated,\n> \n> > (h) must be removed—\n> > \n> > > (i) within 14 days of the property being sold or leased, or\n> > \n> > > (ii) in the case of a subdivision—when 90% of the lots have been sold, or within 5 years, whichever occurs first,\n> \n> > (i) if a sign to direct people to a site or for auction purposes in Zone RU1 Primary Production—only 1 sign with a maximum area of 1m2 permitted,\n> \n> > (j) must not interfere with sight distances for vehicles approaching intersections.","sortOrder":132},{"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":133},{"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":136},{"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 2014 (361), cl 4 (1) (2).","sortOrder":137},{"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 2023 (553), Sch 1\\[3\\] \\[4\\].\n\n**Maps:** Am 2014 (628), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.","sortOrder":141},{"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":146},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":148},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":150},{"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":158},{"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":159},{"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":161},{"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":162},{"sectionNumber":"11","sectionType":"section","heading":"Culture water","content":"#### 11 Culture water\n\n11 Culture water\n\n> Must use freshwater.","sortOrder":163}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3565},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The Plan remains within its original scope as a local environmental planning instrument governing land use and development in the Guyra local government area. While it has been amended multiple times since 2012 (updating cross-references to new SEPPs, refining subdivision provisions for community title, and adjusting specific development standards), these amendments represent standard legislative maintenance and clarification rather than expansion into entirely new policy domains or geographic areas beyond the original intent."},"complexity_factors":["Multiple cross-referencing regimes: The Plan constantly refers to external documents including State Environmental Planning Policies (SEPPs), the Building Code of Australia, and at least 15 other Acts (e.g., Heritage Act 1977, Fisheries Management Act 1994, Biodiversity Conservation Act 2016), creating a dense web of overlapping legal requirements.","Nested exceptions and conditional logic: Clause 4.6 allows development to contravene standards in exceptional circumstances, but then contains 'exceptions to the exception' (subclauses 6 and 8) that prevent this flexibility in rural zones or for BASIX energy efficiency standards.","Quantitative thresholds throughout: The Plan relies on precise numerical limits that vary by context—e.g., 4,000m² minimum lot sizes for serviced land in Zone R5; 100m setbacks from watercourses for intensive livestock; 50 head of cattle for feedlot exemptions; 60m² or 30% floor area for secondary dwellings; and varying distances between poultry farms (1km to 5km depending on breeding status).","Complex subdivision architecture: Eight separate clauses (4.1, 4.1AA, 4.1A, 4.1B, 4.2, 4.2A, 4.2B, 4.2C) govern different subdivision types (standard, community title, strata, rural, boundary adjustments, split zones), each with distinct consent triggers and minimum lot size calculations.","Heritage and Aboriginal cultural heritage protocols: Clause 5.10 imposes multi-layered assessment requirements including mandatory notifications to the Heritage Council (28-day response periods), archaeological site investigations, and consultation with local Aboriginal communities for Aboriginal places of heritage significance.","Zone-specific permitted use tables: The Land Use Table spans 10 distinct zones with different permitted/prohibited uses for each, requiring users to cross-reference zone maps with the table and the Dictionary (which defines terms like 'extensive agriculture' or 'intensive plant agriculture').","Aquaculture operational requirements: Schedule 6 contains detailed technical standards for pond-based and tank-based aquaculture, including drainage capabilities, species selection consistency with industry plans, and screening requirements for outlets."],"plain_english_summary":"This is the **Guyra Local Environmental Plan 2012** — a legal rulebook that dictates how land can be used, built on, or subdivided in the Guyra area (now administered by Armidale Regional Council). It is the primary document that answers the question: \"Can I build this here?\"\n\n**Who it affects**\n- **Property owners** wanting to build homes, run businesses, or farm\n- **Developers** planning subdivisions, housing estates, or tourism facilities\n- **Council** (the consent authority) when assessing planning applications\n- **Farmers and rural industries** operating in the district\n\n**What it does**\n- **Zones the land**: Divides the area into categories such as Primary Production (farming), General Residential, Large Lot Residential, Village, Conservation, and Public Recreation. Each zone has its own objectives and permitted activities.\n- **Sets development rules**: Through a detailed \"Land Use Table,\" it specifies which activities need planning approval (**development consent** — formal permission from Council), which are banned, and which can proceed without approval (**exempt development** — minor projects like certain signs or fences).\n- **Allows fast-tracking**: Identifies **complying development** (projects meeting specific standards that can be approved by a private certifier rather than Council, speeding up the process).\n- **Controls subdivision**: Sets minimum lot sizes to prevent farmland from being fragmented into unproductive small blocks, with complex exceptions for rural workers' housing, primary production needs, and community title schemes.\n- **Protects heritage**: Requires special approval to alter, demolish, or excavate near heritage-listed buildings, archaeological sites, or Aboriginal cultural places, and mandates consultation with Heritage Council or local Aboriginal communities in certain cases.\n- **Manages environmental risks**: Includes specific safeguards for flood-prone land, bushfire-prone areas, intensive livestock operations (piggeries, poultry farms), and aquaculture (fish farming), including setback distances from waterways and neighbours.\n- **Regulates specific uses**: Imposes quantitative limits on certain activities (e.g., bed and breakfast accommodation limited to 4 bedrooms, home businesses limited to 100 square metres of floor area).\n\n**Why it matters**\nThe Plan balances economic development (supporting agriculture, tourism, and housing) with environmental protection (conserving native vegetation, waterways, and scenic values) and community amenity. It prevents incompatible land uses (such as heavy industry near homes) while providing flexibility for legitimate rural activities. It also ensures essential services (water, sewage, roads) are available before development proceeds."},"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"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The instrument remains within its original scope: to set local zoning, permitted uses, development consent requirements and site‑specific controls for Guyra. Over time it has been updated to reflect State policy changes, add technical rules (aquaculture, intensive livestock, community title rules, heritage entries) and to incorporate standard instrument clauses (noted by multiple amendments 2013–2024). Those updates change operational detail and add procedures and lists, but do not expand the Plan beyond its core purpose of local land‑use regulation and mapping (see cl 1.2, cl 1.3, cl 2.3 and amendment notes throughout)."},"complexity_factors":["Comprehensive structure: 6 Schedules and multiple Parts covering zoning, exempt/complying development, principal standards, and local provisions (Parts 1–6 and Sch 1–6).","Number of zones: 10 distinct zone categories listed (RU1, RU3, RU5, R1, R5, SP2, RE1, RE2, C1, C3) with zone‑specific Land Use Table entries.","Map dependence: multiple external maps referenced (Land Application Map, Land Zoning Map, Lot Size Map, Heritage Map, Land Reservation Acquisition Map) that fix numeric and spatial standards (cl 1.3; cl 1.7).","Cross‑references: 15+ external instruments and Acts referenced repeatedly (EP&A Act, State EPAs/SEPPs, Local Government Act, Heritage Act, Fisheries and Biodiversity Acts, Rural Fires Act, Crown Land Management Act, Land Acquisition Act, Building Code/BASIX rules, etc.).","Numerical and site‑specific thresholds: many specific size and distance limits (e.g. secondary dwelling area caps, shop floor area caps, poultry/pig proximity rules, pond flood standards) scattered across clauses and schedules (cl 5.4; cl 5.18; Sch 6).","Conditional and nested exceptions: multiple \"despite\" or \"notwithstanding\" permutations (e.g. cl 4.1AA applies despite cl 4.1; exception/inclusion lists in cl 1.9A and cl 4.6), producing layered application logic.","Discretionary standards: numerous \"must be satisfied\" or \"must consider\" tests giving administrative discretion (e.g. cll 4.6, 5.3, 5.10, 5.19), increasing interpretive complexity.","Amendment history: frequent amendments recorded across many years (2013–2024) creating variant text and updated cross‑links (amendments noted in many clauses), which complicates tracking current obligations.","Variable adoption: several clauses marked \"Not adopted\" or \"Not applicable\" (e.g. cll 4.3–4.5; 5.7; 5.9), requiring users to check which model clauses actually operate locally.","Heritage listings and site inventories: Schedule 5 lists 20+ heritage items, archaeological sites and Aboriginal places with different treatment rules and notification requirements (Sch 5 Part 1–4)."],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- It is a local environmental plan (LEP) that sets the land-use rules for the Guyra local area. It does this by: (a) identifying the land it covers on a Land Application Map (cl 1.3); (b) dividing that land into named zones and mapping them (cl 2.1–2.2); and (c) specifying, for each zone, what uses are permitted without consent, what uses require development consent, and what uses are prohibited (cl 2.3 and the Land Use Table).\n\n- The Plan relies on a set of maps (zoning, lot size, heritage, reservation maps) and schedules to fix numeric standards and site-specific controls (cl 1.7; Lot Size Map referenced throughout Parts 4 and 6).\n\n- It prescribes consent procedures and thresholds:\n  - Subdivision generally requires consent and must meet minimum lot sizes shown on the Lot Size Map (cl 2.6; cl 4.1).\n  - Demolition requires consent (cl 2.7).\n  - Exempt and complying development categories are set out in Schedule 2 and Schedule 3 respectively, subject to the Building Code of Australia and other statutory constraints (cl 3.1–3.2; Sch 2–3).\n  - Numerous development-specific controls and mandatory matters-of-consideration are listed (e.g. earthworks—cl 6.1; intensive livestock—cl 5.18; aquaculture—cl 5.19; flood planning—cl 5.21; heritage—cl 5.10).\n\n- The local council is the consent authority, subject to the Act (cl 1.6). Many clauses use \"must be satisfied\" or \"must consider\" formulations, which give the council procedural duties and some substantive discretion (for example, cll 4.6, 5.3, 5.19, 5.10).\n\n- The Plan contains standard instrument features and tie‑ins to State instruments and other Acts. It is subject to State environmental planning policies where those policies prevail (cl 1.9) and repeatedly cross‑references other NSW Acts and SEPPs for substantive rules and definitions (throughout).\n\n\n**Who it affects**\n\n- Landowners, developers and businesses within the mapped Guyra area who want to build, subdivide, change use, or carry out works on their land (cl 1.3; cl 2.3).\n- The Council (as the consent authority) which assesses and decides development applications and enforces the Plan (cl 1.6; multiple \"must\" and \"must consider\" clauses).\n- Third parties with legal interests in land (e.g. covenant holders) because clause 1.9A suspends private covenants or agreements to the extent they conflict with development authorised by the Plan, subject to listed exceptions (cl 1.9A).\n- Heritage stakeholders and Aboriginal communities where clauses require notification, assessment or consultation before consent is given for works affecting heritage items or Aboriginal places (cl 5.10(7)–(9)).\n- Specific industries (agriculture, forestry, aquaculture, intensive livestock, tourism and hospitality) since the Plan both permits and constrains many of their activities through zone‑specific tables and operational rules (Land Use Table; cl 5.18; cl 5.19).\n\n\n**Why it matters (official aims and practical implications)**\n\n- Official aims: The Plan is intended to implement local planning rules consistent with the standard instrument model for NSW and to achieve objectives such as protecting agricultural land, conserving environmental and heritage values, providing living choices and facilitating business (cl 1.2).\n\n- Practical implications and trade‑offs (mechanisms, not opinions):\n  - Zoning and minimum lot sizes (cl 2.3; cl 4.1) constrain how land can be subdivided and developed. That preserves the configurations shown on the Lot Size Map but also limits owners' ability to create additional dwelling entitlements (cl 4.2A; cl 4.1AA). The direct cost falls on landowners seeking subdivision/dwellings; the council decides (cl 1.6).\n  - The Plan creates compliance and information costs for applicants. Many proposals require environmental assessments, heritage management documents, flood risk analysis or specific operational plans (cl 5.10, cl 5.21, cl 5.19, cl 6.1). Applicants pay for studies and permit fees; the council processes and conditions consents.\n  - The Plan channels economic activity into specific zones and requires case‑by‑case approvals for many potentially productive uses (e.g. rural industries allowed in RU1 with consent—Land Use Table). That affects where businesses may lawfully locate and what scale of activity is permitted.\n  - The Plan grants the council significant discretionary judgment (\"must be satisfied\" tests in cll 4.6, 5.3, 5.19, etc.). Discretion creates implementation risk (variable outcomes between applications) and raises the administrative burden for applicants who must address council concerns. The Plan reduces some grounds for refusal (notably noise/music for licensed premises—cl 5.20), which lowers one regulatory barrier for certain hospitality businesses.\n  - Heritage and Aboriginal place protections impose constraints on demolition, excavation and some new building on listed items and places; they also require notification and consultation in specified cases (cl 5.10). Where conservation incentives are used, the council may permit otherwise‑incompatible uses subject to conservation outcomes.\n  - The Plan permits limited temporary uses (up to 52 days per 12 months) with consent (cl 2.8). This allows short‑term events while placing restoration obligations on applicants (cl 2.8(3)(d)).\n  - Clause 1.9A (suspension of covenants) can remove private legal restrictions that block development authorised by the LEP — but it expressly excludes covenants imposed by the Council and a range of conservation instruments (cl 1.9A(2)). That changes private contractual expectations in limited circumstances.\n\n\n**Who pays, who decides, what behaviour changes (plain declarative statements)**\n\n- Who pays: Applicants and landowners bear the direct costs of studies, application fees, and any conditions of consent (heritage works, environmental measures, infrastructure contributions). Owners may also face opportunity costs from restricted subdivision/dwelling entitlements (cl 4.1; cl 4.2A).\n\n- Who decides: Guyra Council is the local consent authority and exercises judgment on applications (cl 1.6). Where State policies prevail or specific State agencies are the relevant acquisition authority, State bodies intervene (cl 1.9; cl 5.1).\n\n- What behaviour changes:\n  - Landowners will seek development consent for most subdivisions, demolitions, and many changes of use (cl 2.6; cl 2.7).\n  - Applicants will need to prepare environmental and heritage impact information where required and meet specific operational requirements for activities such as intensive livestock and aquaculture (cl 5.18; cl 5.19; cl 5.10).\n  - Developers and business operators will site certain businesses in prescribed zones or satisfy standards in cl 5.4 (e.g. shop sizes, home industry floorspace limits).\n  - Licensed premises operators can argue against refusal on the basis of musical performance/style provided noise can be managed to acceptable levels (cl 5.20).\n\n\n**Costs, incentives and risks to note (practical testing of the Plan against implementation dimensions)**\n\n- Concentrated benefits vs diffuse costs: Zoning protects certain land values and use rights (benefiting owners of land with compatible zoning) while imposing costs on owners who want to change use or subdivide (cl 2.3; cl 4.1). Some permissions (e.g. for eco‑tourism or rural industry with consent) may confer concentrated commercial opportunities where suitable sites exist (cl 5.13; Land Use Table).\n\n- Compliance burden: Multiple \"must consider\" and \"must be satisfied\" tests, plus map‑based numerical standards, mean applicants must prepare technical studies (heritage reports, flood assessments, environmental assessments) to secure consent (cl 5.10; cl 5.21; cl 6.1).\n\n- Bureaucratic discretion: Recurrent discretionary language gives council scope to refuse or condition development even where a use is \"permitted with consent\". That creates predictability risks for applicants (e.g. cl 4.6, cl 5.3, cl 5.19).\n\n- Effects on private enterprise and competition: The Plan shapes where businesses can locate (zoning and permitted‑use lists), sets size limits (cl 5.4 — retail/service floorspace caps), and limits uses in residential zones (Land Use Table). These rules can raise entry costs for some businesses (need for rezoning or consent) and advantage businesses already operating in compliant zones.\n\n- Trade‑offs and opportunity costs: Restrictions that protect agricultural, environmental and heritage values (cl 1.2; cl 5.10; cl 4.1) limit short‑term development opportunities but are designed to preserve values the Plan identifies as important. Relaxation mechanisms (exceptions to development standards—cl 4.6) exist but are subject to evidentiary requirements and limits (cl 4.6(3)–(6)).\n\n- Implementation risks: Map maintenance, cross‑referencing to many State instruments, periodic amendments and reliance on external guidelines (e.g. flood and aquaculture guidance) mean that effective administration requires up‑to‑date GIS, staff expertise and clear policies (cl 1.7; cl 5.21; cl 5.19).\n\n\n**Key clauses to watch in practice**\n\n- Zoned uses and Land Use Table (cl 2.3 and Land Use Table): determines what is allowed where.\n- Minimum lot sizes and subdivision rules (cl 4.1; cl 4.1AA; cl 4.2A): controls creation of new lots/dwellings.\n- Heritage protections and notification requirements (cl 5.10; Sch 5): controls demolition and works affecting listed items.\n- Aquaculture and intensive livestock requirements (cl 5.19; cl 5.18; Sch 6): operational requirements and exclusions.\n- Suspension of covenants (cl 1.9A): can remove some private legal constraints on development, with express exceptions.\n- Standards that cannot be used to refuse consent for musical performance on licensed premises (cl 5.20): limits grounds for refusal related to entertainment style and dancing if noise can be managed.\n\n\n**Bottom line (mechanical summary)**\n\nThis LEP sets the zoning map, permitted and prohibited uses, development consent thresholds and a set of operational and assessment rules for Guyra. The council makes consent decisions under those rules, with applicants bearing the compliance costs of studies, works and infrastructure required by conditions. The instrument balances land‑use restriction (zoning, minimum lot sizes, heritage and environmental safeguards) against mechanisms for flexibility (exceptions to standards, discretionary consent and some permissible temporary uses), and is tightly integrated with State planning instruments and external guidance (see cl 1.9, cl 1.7, cl 5.21)."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"While the core purpose — land use planning for the Guyra area — has remained constant, the plan's scope has clearly evolved through approximately 50 amendments since 2012. This volume of changes typically reflects expansions to permitted land uses, adjustments to development standards, incorporation of new state government planning policies, and responses to local development pressures. The Guyra area was also absorbed into the Armidale Regional Council in 2016, which likely influenced some amendments. The plan is substantially broader and more refined in its current form than when originally made."},"complexity_factors":["Standard instrument LEP format adds baseline complexity through its structured zone-based system with multiple land use tables and development standards","Approximately 50 amendments over 13 years mean the current version is a cumulative patchwork of changes that can be difficult to navigate","Operates within a broader legal framework requiring cross-referencing with the Environmental Planning and Assessment Act 1979 and State Environmental Planning Policies (SEPPs)","Land use zones carry technical definitions and permitted/prohibited use lists that require careful interpretation","Interaction with accompanying maps (zoning, heritage, flood, biodiversity maps) is essential but not visible in this document alone","Local provisions may override or supplement state-level rules, requiring users to check multiple layers of law","Only the status/timeline page was provided — the actual substantive provisions of the plan are not included in this extract, limiting full analysis"],"plain_english_summary":"The Guyra Local Environmental Plan 2012 is the legal rulebook that governs land use and development across the Guyra area of regional NSW, setting zoning, development controls and protections for heritage, biodiversity and waterways. It directly affects property owners, farmers, developers and buyers — anyone planning building, subdivision or land-use changes — and has been amended repeatedly (about 50 times) to stay current."}},"importantCases":[],"_links":{"self":"/api/acts/guyra-local-environmental-plan-2012","history":"/api/acts/guyra-local-environmental-plan-2012/history","analysis":"/api/acts/guyra-local-environmental-plan-2012/analysis","conflicts":"/api/acts/guyra-local-environmental-plan-2012/conflicts","importantCases":"/api/acts/guyra-local-environmental-plan-2012/important-cases","documents":"/api/acts/guyra-local-environmental-plan-2012/documents"}}