{"id":"nsw:epi-2013-0507","name":"Gwydir Local Environmental Plan 2013","slug":"gwydir-local-environmental-plan-2013","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"507 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181346,"registerId":"nsw-nsw:epi-2013-0507-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 [Gwydir Local Environmental Plan 2013](/view/html/inforce/current/epi-2013-0507).","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> > RU5 Village\n> \n> > Residential Zones\n> \n> > R5 Large Lot Residential\n> \n> > Employment Zones\n> \n> > E4 General Industrial\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> **cl 2.1:** Am 2022 (832), Sch 1.9\\[1\\].","sortOrder":14},{"sectionNumber":"pt","sectionType":"part","heading":"Land Use Table","content":"# pt Land Use Table\n\nLand Use Table\n\nNote—\n\nState environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—\n\n> [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714)\n\n> [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems\n\n> [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 2\n\n> [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 3\n\n> [State Environmental Planning Policy (Industry and Employment) 2021](/view/html/inforce/current/epi-2021-0723), Chapter 3\n\n> [State Environmental Planning Policy (Primary Production) 2021](/view/html/inforce/current/epi-2021-0729), Chapter 2\n\n**Land Use tbl:** Am 2016 (168), Sch 1 \\[2\\]; 2017 (493), Sch 1.1 \\[1\\]; 2022 (314), Sch 1; 2022 (832), Sch 1.9\\[2\\].\n\nZone RU1 Primary Production\n\nZone RU5 Village\n\nZone R5 Large Lot Residential\n\nZone E4 General Industrial\n\nZone RE1 Public Recreation\n\nZone RE2 Private Recreation\n\nZone C1 National Parks and Nature Reserves","sortOrder":30},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Aquaculture; Cellar door premises; Dual occupancies (attached); Dwelling houses; Extractive industries; Funeral homes; Group homes; Home industries; Intensive livestock agriculture; Offensive industries; Open cut mining; Roadside stalls; Rural workers’ dwellings; Any other development not specified in item 2 or 3","sortOrder":33},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Advertising structures; Amusement centres; Boat building and repair facilities; Car parks; Charter and tourism boating facilities; Centre-based child care facilities; Commercial premises; Correctional centres; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Health services facilities; Highway service centres; Home occupations (sex services); Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Industries; Local distribution premises; Marinas; Mooring pens; Moorings; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation facilities (indoor); Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Service stations; Serviced apartments; Sex services premises; Storage premises; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Wharf or boating facilities; Wholesale supplies","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":59},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":63},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":75},{"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/gwydir-local-environmental-plan-2013) (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).\n> > \n> > | Type of land shown on Map | Authority of the State |\n> > | Zone RE1 Public Recreation and marked “Local open space” | Council |\n> > | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |\n> > | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |\n> > | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |\n> > \n> > Note.\n> > \n> > When this Plan was made it did not include all of these zones.\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":76},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":102},{"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) the proximity to and the potential for adverse impacts on any heritage item, archaeological site or heritage conservation area,\n> > \n> > > (i) the effect of the development on native fauna and flora, including threatened species, populations or ecological communities and their habitats,\n> > \n> > > (j) 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":103},{"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(When this Plan was made this Schedule was blank)","sortOrder":109},{"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 2025 (615), Sch 1\\[1\\].","sortOrder":110},{"sectionNumber":"Part 7","sectionType":"part","heading":"Grain silos and grain bunkers","content":"# Part 7 Grain silos and grain bunkers\n\nPart 7 Grain silos and grain bunkers","sortOrder":128},{"sectionNumber":"7","sectionType":"section","heading":"Specified development","content":"#### 7 Specified development\n\n7.1 Specified development\n\n> > (1) The construction or installation of a farm building that is a grain silo or grain bunker is development specified for this schedule if it is—\n> > \n> > > (a) not used for habitable purposes, and\n> > \n> > > (b) used for the storage of grain that has been produced on the landholding, and\n> > \n> > > (c) constructed or installed on land in Zone RU1, and\n> > \n> > > (d) complies with the standards in—\n> > > \n> > > > (i) for development for the purposes of grain silos—clauses 7.2 and 7.3, or\n> > > \n> > > > (ii) for development for the purposes of grain bunkers—clauses 7.2 and 7.4.\n> \n> > (2) Development specified in subclause (1) must not be constructed or installed—\n> > \n> > > (a) on or in a heritage item or a draft heritage item, or\n> > \n> > > (b) in an environmentally sensitive area, or\n> > \n> > > (c) on land shown on any relevant Procedures for Air Navigation Services—Aircraft Operations Map prepared by the operator of an aerodrome or airport operating within 2km of the proposed development, and for which a PANS-OPS surface is identified that may compromise the effective and on-going operation of the relevant aerodrome or airport.","sortOrder":129},{"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)","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| Locality | Item name | Address | Property description | Significance | Item no |\n| Bingara | Bridge over Halls Creek | Between Copeton Dam Road and Finch Street |  | Local | I005 |\n| Bingara | Former police station and residence | 32 Finch Street | Lot 701, DP 96134 | Local | I007 |\n| Bingara | Bridge over the Gwydir River | Between Gwydir Street and Copeton Dam Road |  | Local | I004 |\n| Bingara | Stamper battery | All Nations Hill, Hill Street | Lot 15, DP 821211 | Local | I006 |\n| Bingara | Bingara District Historical Society (formerly Salter’s Inn) | 16–18 Maitland Street | Lot 1, DP 135175 | Local | I001 |\n| Bingara | Courthouse | 24 Maitland Street | Lot 332, DP 821249 | Local | I002 |\n| Bingara | Area near Windsor, site of Myall Creek massacre | Whitlow Road | Lots 30–33 and 130–144, DP 754834; Lot 3, DP 113972 | State | I003 |\n| Cobbadah | Isolated graves | 390 metres north of Horton Road | Lot 7009, DP 1119457 | Local | I009 |\n| Cobbadah | Capel family private cemetery | Piedmont Station | Lot 1, DP 745320 | Local | I008 |\n| Myall Creek | Myall Creek Massacre and Memorial site | Bingara/Delungra Road | Part Lot 7001, DP 1057987 | National | I026 |\n| Upper Bingara | Chinese cemetery and European cemetery | Upper Bingara Road | Lot 23, DP 754848 | Local | I010 |\n| Warialda | Cemetery | Apollo Avenue | Lot 7313, DP 1136164 | Local | I024 |\n| Warialda | Yallambar Durkin residence | 22 Geddes Street | Lot 11, DP 759052 | Local | I011 |\n| Warialda | Warialda Roman Catholic Convent School of St Joseph | 56 Geddes Street | Lots 1–3, DP 1173830; Lot 4, DP 759082; Lots 5A and 5B, DP 398887; Lot 1, DP 1151045; Lot 1, DP 1151087 | Local | I012 |\n| Warialda | Courthouse, police residence and station, including palm trees in front of station | Corner of Hope and Stephen Streets | Lot 8, DP 759052 | Local | I013 |\n| Warialda | Crithary’s Building | Hope Street | Lot 2, DP 778198 | Local | I018 |\n| Warialda | Memorial hall | Hope Street | Lots 51 and 52, DP 1123410 | Local | I019 |\n| Warialda | National Bank | Hope Street | Lot 1, DP 563119 | Local | I015 |\n| Warialda | Post office | Hope Street | Lot 1, DP 776794 | Local | I014 |\n| Warialda | Shire chambers | Hope Street | Lot 2, DP 759052 | Local | I016 |\n| Warialda | Single storey shop | Hope Street | Lot 1, DP 778198 | Local | I017 |\n| Warialda | Warialda Primary School | Hope Street | Lots 2–6 and 13–17, DP 759052; Lot 2, DP 216732; Lot 1, DP 795191; Lot 1, DP 795192; Lot 1, DP 219572 | Local | I025 |\n| Warialda | Warialda Royal Hotel | Hope Street | Lot 1, DP 741182 | Local | I021 |\n| Warialda | Warialda store | Hope Street | Lot 3, DP 834198 | Local | I020 |\n| Warialda | Carinda House | Stephen Street | Lot 111, DP 152396 | Local | I023 |\n| Warialda | Commercial Hotel | Stephen Street | Lot 9, DP 759052 | Local | I022 |","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":142},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":144},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":146},{"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":155},{"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":157},{"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":158},{"sectionNumber":"11","sectionType":"section","heading":"Culture water","content":"#### 11 Culture water\n\n11 Culture water\n\n> Must use freshwater.","sortOrder":159}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Plan remains a local environmental plan: it sets zoning, permitted uses, development standards and site‑specific controls for the Gwydir area. Amendments recorded in the text add or refine topic‑specific rules (for example aquaculture controls, farm stay/farm gate provisions, the temporary suspension of certain private covenants, and protections around live music at licensed premises), but these are within the ordinary functions of a local environmental plan. In other words, changes are incremental and policy‑specific rather than expanding the instrument beyond its original land‑use and development control purpose (see cl 1.2 for aims and various amending notes in the text)."},"complexity_factors":["Multiple land use zones with a detailed Land Use Table (zones RU1, RU5, R5, E4, RE1, RE2, C1 etc.)","Large number of schedules (Schedules 1–6) including detailed heritage listing (Schedule 5) and aquaculture controls (Schedule 6)","Extensive cross‑references to State Environmental Planning Policies and multiple Acts (e.g. EP&A Act, Local Government Act, Heritage Act, Fisheries Management Act, Rural Fires Act) throughout the Plan","Numerous conditional rules and nested exceptions (e.g. exceptions to development standards in cl 4.6, multiple subclauses in subdivision and dwelling controls cl 4.1–4.2B)","Many topic‑specific development standards with quantitative limits (lot sizes, footprint caps, set‑backs, heights, numerical thresholds for livestock and aquaculture) across several clauses and schedules","Multiple ‘not adopted’ or ‘not applicable’ entries that create interpretive branching and require checking whether a clause applies locally","Reliance on multiple maps (Land Zoning Map, Lot Size Map, Sensitive Lands Map, Heritage Map, Land Reservation Acquisition Map) which must be consulted alongside text","Amendment history and inserted clauses across years (2016–2025) increasing interpretive layers and conditionality","Detailed procedural requirements for consent (heritage notifications, heritage management documents, environmental statements) that add administrative steps","Overlaps between local controls and State policies which require checking prevailing instruments (plan subject to SEPPs per cl 1.9)"],"plain_english_summary":"**What this plan does (mechanically)\n\n- Establishes the local planning rules that apply to land in the Gwydir local government area. It does that by: specifying zones (e.g. RU1 Primary Production, RU5 Village, R5 Large Lot Residential, E4 General Industrial, RE1/RE2 Recreation, C1 National Parks) and a Land Use Table that lists what uses are permitted without consent, permitted with consent, or prohibited in each zone (cl 2.1–2.3, Land Use Table).\n- Makes subdivision, demolition and many other changes subject to development consent (approvals) except where the Plan or a State policy says development is exempt or complying (cl 2.6–2.7; Part 3; Schedule 2–3).\n- Sets principal development standards and controls for particular topics: minimum lot sizes and subdivision rules (cl 4.1–4.2C), controls on dwelling erection in rural zones (cl 4.2B), exceptions process for varying standards (cl 4.6), and a range of local controls on uses such as bed and breakfast, home business, farm stay, farm gate premises, earthworks and bush‑fire measures (cl 5.4; cl 5.24–5.25; cl 6.1; cl 5.11).\n- Protects heritage—lists heritage items and requires consent for demolition, alteration, subdivision or excavation affecting heritage or Aboriginal heritage; requires consultation or heritage reports in many cases (cl 5.10; Schedule 5).\n- Includes environmental constraints and operational requirements for particular industries (for example, intensive livestock agriculture and pond/tank/oyster aquaculture) including thresholds where consent is not required and location/operational limits where it is (cl 5.18; cl 5.19; Schedule 6).\n- Requires flood risk to be considered for development in mapped flood planning areas, and sets the matters a consent authority must be satisfied of before granting consent (cl 5.21).\n- Enables a limited suspension of private covenants and similar instruments where necessary to allow development to proceed in accordance with the Plan, but excludes covenants imposed by Council and some conservation/Crown instruments (cl 1.9A).\n- Prohibits certain development types locally (for example, canal‑estate development—cl 2.9) and prevents refusal of consent on a range of aesthetic and entertainment‑related grounds for licensed premises (playing/performing music, dancing, etc.), provided noise can be managed (cl 5.20).\n\n**Who decides and who is affected\n\n- The consent authority is the Council (subject to the EPA Act) and it decides development applications and exercises discretions under the Plan (cl 1.6). For some State matters or reserved land acquisition the State or other agencies are identified (cl 5.1).\n- Primary actors affected: landowners and developers in Gwydir (who must comply with the zoning, lot size, heritage and environmental constraints); neighbours and the wider community (who are affected by changes in land use, environmental impacts, heritage conservation and amenity); the Council and other public authorities (who administer, assess and enforce the Plan).\n\n**Why it matters (official aims and practical effects)\n\n- Officially the Plan aims to manage environmental, economic and social resources, protect heritage and natural assets, promote compatible development, encourage efficient use of infrastructure and guide development consistent with flood planning (cl 1.2).\n- Practically the Plan determines where houses, farms, industry, recreation and conservation can occur and under what conditions. It sets thresholds that determine when a formal development consent, a complying development certificate, or no approval is required. It therefore affects private property values, development feasibility, the cost and timing of projects, and what information (heritage reports, environmental assessments, engineering designs) applicants must provide.\n\n**Costs, incentives and trade‑offs (mechanics, not judgement)\n\n- Who pays: Applicants/landowners usually bear the direct costs of complying with the Plan—application fees, preparing environmental/heritage/flood reports, engineering designs, and any conditions imposed on approvals (see cl 5.10, cl 6.1, cl 5.19, cl 5.21). Neighbouring landowners may bear indirect costs in the form of changed amenity (noise, traffic, dust) where consent is granted.\n- Who decides and where discretion lies: the Council is the primary decision maker for consents (cl 1.6). Many clauses give the consent authority discretionary tests (for example cl 4.2A, cl 5.3, cl 5.10), which concentrates practical decision power in the local authority and means outcomes depend on local interpretation and conditions imposed.\n- Incentives and constraints for private enterprise: zoning and specific floor/area/lot size limits (cl 4.1; Land Use Table; various schedules) channel private investment toward permitted zones and uses, and away from prohibited uses (e.g. canal estates, listed prohibited items in zones). Specific industry rules (aquaculture, intensive livestock) create clear operating thresholds and location rules that reduce uncertainty for some businesses but impose regulatory compliance costs and location limits (cl 5.18–5.19; Schedule 6).\n- Heritage and environment trade‑offs: heritage protections and sensitive‑land provisions (cl 5.10; cl 6.3) require additional assessment and can restrict development or add conditions; they also allow the consent authority to permit otherwise prohibited development if it facilitates conservation (cl 5.10(10)). That creates a mechanism for negotiated conservation outcomes at the cost of extra assessment and possibly mitigation requirements.\n- Administrative and compliance burdens: the Plan relies on mapping (Land Zoning Map, Lot Size Map, Sensitive Lands Map, Heritage Map), cross‑references to State policies and multiple Acts (numerous clauses), and several exempt/complying development schedules — all of which require Council systems to manage and applicants to check multiple sources (cl 1.7; cl 2.2; Part 3; Schedules 2–3).\n\n**Implementation risk and unintended interactions to watch for\n\n- Heavy reliance on maps and external instruments (State Environmental Planning Policies, various Acts and published guidelines such as the Considering Flooding guideline referenced at cl 5.21) means outcomes depend on accurate mapping and up‑to‑date cross‑referenced instruments.\n- Several clauses introduce conditional exceptions and nested approvals (for example exceptions to development standards, exemptions and complying development lists, and clauses that are ‘‘not adopted’’ or ‘‘not applicable’’ in this plan). Those create interpretive complexity and potential for inconsistent application unless Council maintains clear procedures (see cl 4.6; many \"[Not adopted]\" entries).\n- The suspension of private covenants (cl 1.9A) can accelerate development in some circumstances but excludes council‑imposed covenants and several conservation/Crown instruments; this creates both a development enabling mechanism and a point of potential dispute about the scope of excluded instruments.\n\n**Key provisions to look up quickly**\n\n- Zones and permitted uses (Land Use Table and cl 2.1–2.3).\n- Subdivision rules and minimum lot sizes (cl 4.1–4.2C and Lot Size Map).\n- Heritage protections and listed heritage items (cl 5.10 and Schedule 5).\n- Aquaculture and intensive livestock detailed rules and thresholds (cl 5.18–5.19 and Schedule 6).\n- Flood planning requirements (cl 5.21).\n- Suspension of private covenants facilitating development (cl 1.9A).\n- Restrictions on refusing consent for licensed premises on entertainment/music grounds (cl 5.20).\n\n(References are to clause numbers and schedules in the Gwydir Local Environmental Plan 2013.)"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The plan's scope has gradually expanded over its 12-year life through more than 35 amendments. What began as a foundational zoning document has been updated to incorporate evolving NSW state planning policies, new land use categories, additional heritage listings, revised flood and environmental overlays, and site-specific rezoning decisions. This is typical of LEPs, which evolve continuously — but the cumulative effect means the current version covers significantly more ground and contains more nuanced provisions than the original 2013 instrument."},"complexity_factors":["Standard instrument LEP format means it incorporates extensive state-government mandated templates and mandatory provisions that interact with local variations","Multiple land use zones, each with different permitted/prohibited use tables requiring cross-referencing","Extensive use of maps (zoning maps, heritage maps, flood maps etc.) that must be read alongside the written provisions","Over 35 amendments since 2013, meaning the current version is a heavily consolidated document whose history matters for development disputes","Interaction with parent legislation (Environmental Planning and Assessment Act 1979) and state environmental planning policies (SEPPs) that can override or modify local provisions","Technical planning definitions and terms (e.g., 'gross floor area', 'lot', 'dwelling', 'subdivision') that have precise legal meanings different from everyday usage","Rural and agricultural provisions involve complex land capability and environmental assessments","Heritage and biodiversity provisions add additional layers of assessment requirements"],"plain_english_summary":"The Gwydir Local Environmental Plan 2013 is the primary planning rulebook for the Gwydir LGA, controlling land use and development across towns, farms and commercial areas. It determines what can be built or subdivided, protects sensitive areas, and sets approval requirements and standards—so property owners, developers, farmers and businesses must follow it or face penalties. Originally made in 2013, it’s been amended 35+ times."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2635},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Plan remains within the standard scope of a Local Environmental Plan. While it has been amended several times since 2013 (adding specific provisions for music venues, farm stay accommodation, and arts/cultural activity), these additions represent evolutionary updates typical of planning instruments rather than a fundamental expansion beyond the original purpose of regulating land use and development in Gwydir."},"complexity_factors":["7 land use zones (RU1, RU5, R5, E4, RE1, RE2, C1) with distinct objectives and permission tables","6 schedules containing detailed technical specifications, including Schedule 2 with 7 separate parts specifying exact dimensions (e.g., carport floor areas between 20–85m² depending on lot size, setbacks of 5m or 900mm)","20 listed heritage items in Schedule 5 requiring specific conservation controls (clause 5.10)","Nested conditional logic for rural subdivision: primary standard (cl 4.1), community title exception (cl 4.1AA), rural subdivision flexibility (cl 4.2), further exceptions for non-residential uses (cl 4.2A), and dwelling eligibility rules (cl 4.2B)","Multiple cross-references to State Environmental Planning Policies (SEPPs) including Exempt and Complying Development Codes 2008, Housing 2021, and Transport and Infrastructure 2021","Active amendment history with 8+ dated amendments (2016–2025) inserting provisions such as arts/cultural aims, music performance standards, and updated farm stay rules","Specific exclusions for environmentally sensitive areas (cl 3.3) and suspension of covenants (cl 1.9A) with 7 enumerated exceptions"],"plain_english_summary":"This is the **Gwydir Local Environmental Plan 2013**, a legal rulebook that decides what can be built and how land can be used across the Gwydir Shire (covering towns like Bingara and Warialda in northern New South Wales).\n\n**What it does:**\n- **Zones the land**: It divides the region into categories like Primary Production (farming), Village, Large Lot Residential, General Industrial, Public/Private Recreation, and National Parks. Each zone has a list of what is automatically allowed (no approval needed), what needs Council approval (development consent), and what is banned.\n- **Controls subdivision**: It sets minimum lot sizes for breaking up land, with special rules to prevent rural land from being carved into useless small blocks. It includes exceptions for genuine farming needs.\n- **Protects heritage**: It lists specific heritage items (like the Myall Creek Massacre site, old courthouses, and historic hotels) and requires approval to demolish or alter them.\n- **Manages farming development**: It has detailed rules for farm buildings, grain silos, intensive livestock (piggeries, poultry), aquaculture, and farm stay accommodation to ensure they don't harm the environment or neighbours.\n- **Allows fast-track approvals**: It lists small projects (decks, carports, garden sheds) that can be built without Council approval if they meet specific size and location standards (found in Schedule 2).\n- **Plans for disasters**: It includes rules for building in flood-prone areas and on bush fire prone land.\n\n**Who it affects:** Anyone who wants to build, subdivide, or change the use of land in the Gwydir area, including farmers, homeowners, and businesses. Gwydir Shire Council is the main decision-maker (consent authority).\n\n**Why it matters:** It replaced three older plans (from Barraba, Bingara, and Yallaroi) to create one consistent set of rules. It aims to balance economic growth and agricultural diversity with protecting the environment, managing flood risks, and preserving historic and Aboriginal cultural sites (like the Myall Creek Massacre Memorial)."}},"importantCases":[],"_links":{"self":"/api/acts/gwydir-local-environmental-plan-2013","history":"/api/acts/gwydir-local-environmental-plan-2013/history","analysis":"/api/acts/gwydir-local-environmental-plan-2013/analysis","conflicts":"/api/acts/gwydir-local-environmental-plan-2013/conflicts","importantCases":"/api/acts/gwydir-local-environmental-plan-2013/important-cases","documents":"/api/acts/gwydir-local-environmental-plan-2013/documents"}}