{"id":"nsw:epi-2012-0470","name":"Hawkesbury Local Environmental Plan 2012","slug":"hawkesbury-local-environmental-plan-2012","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"470 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181459,"registerId":"nsw-nsw:epi-2012-0470-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 [Hawkesbury Local Environmental Plan 2012](/view/html/inforce/current/epi-2012-0470).","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> > > RU2 Rural Landscape\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> > > R3 Medium 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> > Special Purpose Zones\n> \n> > > SP1 Special Activities\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> > > C2 Environmental Conservation\n> > \n> > > C3 Environmental Management\n> > \n> > > C4 Environmental Living\n> \n> > Waterway Zones\n> \n> > > W1 Natural Waterways\n> > \n> > > W2 Recreational Waterways\n> \n> **cl 2.1:** Am 2022 (832), Sch 1.10\\[1\\].","sortOrder":14},{"sectionNumber":"pt","sectionType":"part","heading":"Land Use Table","content":"# pt Land Use Table\n\nLand Use Table\n\nNote—\n\nState environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—\n\n> [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714)\n\n> [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems\n\n> [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 2\n\n> [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 3\n\n> [State Environmental Planning Policy (Industry and Employment) 2021](/view/html/inforce/current/epi-2021-0723), Chapter 3\n\n> [State Environmental Planning Policy (Primary Production) 2021](/view/html/inforce/current/epi-2021-0729), Chapter 2\n\n**Land Use tbl:** Am 2017 (493), Sch 1.1 \\[1\\] \\[2\\]; 2018 (488), Sch 1.1 \\[1\\]; 2019 (137), Sch 6 \\[1\\]; 2019 (621), Sch 3; 2020 (784), Sch 1\\[1\\]–\\[4\\]; 2021 (714), Sch 10.9; 2022 (314), Sch 1; 2022 (832), Sch 1.10\\[2\\]; 2023 (458), Sch 2.40\\[1\\].\n\nZone RU1 Primary Production\n\nZone RU2 Rural Landscape\n\nZone RU4 Primary Production Small Lots\n\nZone RU5 Village\n\nZone R1 General Residential\n\nZone R2 Low Density Residential\n\nZone R3 Medium 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 SP1 Special Activities\n\nZone SP2 Infrastructure\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 W1 Natural Waterways\n\nZone W2 Recreational Waterways","sortOrder":30},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Agritourism; Animal boarding or training establishments; Aquaculture; Boarding houses; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Correctional centres; Crematoria; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Food and drink premises; Forestry; Funeral homes; Health consulting rooms; Helipads; Heliports; Home-based child care; Home industries; Hospitals; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Landscaping material supplies; Moorings; Open cut mining; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Tourist and visitor accommodation; Truck depots; Veterinary hospitals; Water recreation structures; Water storage facilities","sortOrder":33},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Any development not specified in item 2 or 3","sortOrder":34},{"sectionNumber":"Part 3","sectionType":"part","heading":"Exempt and complying development","content":"# Part 3 Exempt and complying development\n\nPart 3 Exempt and complying development","sortOrder":119},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":123},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":141},{"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/hawkesbury-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 SP2 Infrastructure and marked “Local road” | Council |\n> > | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |\n> \n> > (3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.\n> \n> Note.\n> \n> If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning and Infrastructure is required to take action to enable the designation of the acquiring authority under this clause. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning and Infrastructure (see section 21 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022)).","sortOrder":142},{"sectionNumber":"Part 5A","sectionType":"part","heading":null,"content":"# Part 5A\n\nPart 5A\n\n5.13A–5.13C (Repealed)\n\n**pt 5A:** Ins 2014 (211), Sch 1 \\[2\\]. Rep 2023 (554), Sch 2.12\\[2\\].\n\n**cl 5.13A:** Ins 2014 (211), Sch 1 \\[2\\]. Am 2019 (621), Sch 1.5\\[1\\]. Rep 2023 (554), Sch 2.12\\[2\\].\n\n**cl 5.13B:** Ins 2014 (211), Sch 1 \\[2\\]. Rep 2023 (554), Sch 2.12\\[2\\].\n\n**cl 5.13C:** Ins 2014 (211), Sch 1 \\[2\\]. Rep 2023 (554), Sch 2.12\\[2\\].","sortOrder":169},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":170},{"sectionNumber":"6","sectionType":"section","heading":"Acid sulfate soils","content":"#### 6 Acid sulfate soils\n\n6.1 Acid sulfate soils\n\n> > (1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.\n> \n> > (2) Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the [Acid Sulfate Soils Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/hawkesbury-local-environmental-plan-2012) as being of the class specified for those works.\n> > \n> > | Class of land | Works |\n> > | 1 | Any works. |\n> > | 2 | Works below the natural ground surface.Works by which the watertable is likely to be lowered. |\n> > | 3 | Works more than 1 metre below the natural ground surface.Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface. |\n> > | 4 | Works more than 2 metres below the natural ground surface.Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface. |\n> > | 5 | Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land. |\n> \n> > (3) Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.\n> \n> > (4) Despite subclause (2), development consent is not required under this clause for the carrying out of works if—\n> > \n> > > (a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and\n> > \n> > > (b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.\n> \n> > (5) Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—\n> > \n> > > (a) emergency work, being the repair or replacement of the works of the public authority required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,\n> > \n> > > (b) routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),\n> > \n> > > (c) minor work, being work that costs less than $20,000 (other than drainage work).\n> \n> > (6) Despite subclause (2), development consent is not required under this clause to carry out any works if—\n> > \n> > > (a) the works involve the disturbance of less than 1 tonne of soil, such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial water bodies (including canals, dams and detention basins), foundations or flood mitigation works, or\n> > \n> > > (b) the works are not likely to lower the watertable.","sortOrder":171},{"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 (36), Sch 1; 2020 (784), Sch 1\\[12\\]; 2021 (573), Sch 1; 2022 (832), Sch 1.10\\[7\\]; 2024 (549), Sch 1.","sortOrder":190},{"sectionNumber":"7","sectionType":"section","heading":"Use of certain land at 60 Bells Line of Road, North Richmond","content":"#### 7 Use of certain land at 60 Bells Line of Road, North Richmond\n\n7 Use of certain land at 60 Bells Line of Road, North Richmond\n\n> > (1) This clause applies to land at 60 Bells Line of Road, North Richmond, being Lot 1, DP 783403 (formally known as Lot B, DP 158512).\n> \n> > (2) Development for the purposes of office premises is permitted with consent.","sortOrder":197},{"sectionNumber":"8","sectionType":"section","heading":"Use of certain land at 81–87 Bells Line Of Road, North Richmond","content":"#### 8 Use of certain land at 81–87 Bells Line Of Road, North Richmond\n\n8 Use of certain land at 81–87 Bells Line Of Road, North Richmond\n\n> > (1) This clause applies to land at 81–87 Bells Line Of Road, North Richmond, being Lot 1, DP 834702.\n> \n> > (2) Development for the purposes of a service station is permitted with consent.","sortOrder":198},{"sectionNumber":"9","sectionType":"section","heading":"Use of certain land at Pitt Town as shown on the Additional Permitted Uses Map","content":"#### 9 Use of certain land at Pitt Town as shown on the Additional Permitted Uses Map\n\n9 Use of certain land at Pitt Town as shown on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/hawkesbury-local-environmental-plan-2012)\n\n> > (1) This clause applies to land at Pitt Town identified as “2” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/hawkesbury-local-environmental-plan-2012).\n> \n> > (2) Development for the purposes of community facilities is permitted with consent.","sortOrder":199},{"sectionNumber":"10","sectionType":"section","heading":"Use of certain land at 87 Windsor Street, Richmond","content":"#### 10 Use of certain land at 87 Windsor Street, Richmond\n\n10 Use of certain land at 87 Windsor Street, Richmond\n\n> > (1) This clause applies to land at 87 Windsor Street, Richmond, being Lot 4, DP 507956.\n> \n> > (2) Development for the purposes of office premises is permitted with consent.","sortOrder":200},{"sectionNumber":"11","sectionType":"section","heading":"Use of certain land at 739 George Street, South Windsor","content":"#### 11 Use of certain land at 739 George Street, South Windsor\n\n11 Use of certain land at 739 George Street, South Windsor\n\n> > (1) This clause applies to land at 739–741 George Street, South Windsor, being Lots 11 and 12, DP 1184975.\n> \n> > (2) Development for the purposes of a service station is permitted with consent.","sortOrder":201},{"sectionNumber":"12","sectionType":"section","heading":"Use of certain land at 5A Curtis Road, Vineyard","content":"#### 12 Use of certain land at 5A Curtis Road, Vineyard\n\n12 Use of certain land at 5A Curtis Road, Vineyard\n\n> > (1) This clause applies to land at 5A Curtis Road, Vineyard, being Lot 6, DP 270412.\n> \n> > (2) Development for the purposes of shops is permitted with consent.","sortOrder":202},{"sectionNumber":"13","sectionType":"section","heading":"Use of certain land at 5B Curtis Road, Vineyard","content":"#### 13 Use of certain land at 5B Curtis Road, Vineyard\n\n13 Use of certain land at 5B Curtis Road, Vineyard\n\n> > (1) This clause applies to land at 5B Curtis Road, Vineyard, being SP 73477.\n> \n> > (2) Development for the purposes of shops is permitted with consent.","sortOrder":203},{"sectionNumber":"14","sectionType":"section","heading":"Use of certain land at 535 Wilberforce Road, Wilberforce","content":"#### 14 Use of certain land at 535 Wilberforce Road, Wilberforce\n\n14 Use of certain land at 535 Wilberforce Road, Wilberforce\n\n> > (1) This clause applies to land at 535 Wilberforce Road, Wilberforce, being Lot 1, DP 846501.\n> \n> > (2) Development for the purposes of a service station is permitted with consent.","sortOrder":204},{"sectionNumber":"15","sectionType":"section","heading":"Use of certain land at 122–130 Macquarie Street, Windsor","content":"#### 15 Use of certain land at 122–130 Macquarie Street, Windsor\n\n15 Use of certain land at 122–130 Macquarie Street, Windsor\n\n> > (1) This clause applies to land at 122–130 Macquarie Street, Windsor, being Lot 381, DP 595952, Lot 380, DP 818974, Lot 1, DP 797152 and Lot 1, DP 613929.\n> \n> > (2) Development for the purposes of office premises and a medical centre is permitted with consent.","sortOrder":205},{"sectionNumber":"16","sectionType":"section","heading":"Use of certain land at Windsor Downs as shown on the Additional Permitted Uses Map","content":"#### 16 Use of certain land at Windsor Downs as shown on the Additional Permitted Uses Map\n\n16 Use of certain land at Windsor Downs as shown on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/hawkesbury-local-environmental-plan-2012)\n\n> > (1) This clause applies to land at Windsor Downs identified as “3” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/hawkesbury-local-environmental-plan-2012).\n> \n> > (2) Development for the purposes of a dual occupancy (attached) is permitted with consent.","sortOrder":206},{"sectionNumber":"17","sectionType":"section","heading":"Use of certain land at 389 Old Hawkesbury Road, Vineyard","content":"#### 17 Use of certain land at 389 Old Hawkesbury Road, Vineyard\n\n17 Use of certain land at 389 Old Hawkesbury Road, Vineyard\n\n> > (1) This clause applies to land at 389 Old Hawkesbury Road, Vineyard, being part of Lot 53, DP 593354, identified as “4” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/hawkesbury-local-environmental-plan-2012).\n> \n> > (2) Development for the purposes of sawmill or log processing works, timber yards and associated car parking is permitted with consent if the total area of the land on which that development is carried out is not greater than 10,000m2.\n> \n> > (3) Subclause (2) does not apply to a development application lodged more than 2 years after the commencement of the [Hawkesbury Local Environmental Plan 2012 (Amendment No 3)](/view/pdf/asmade/epi-2014-36).","sortOrder":207},{"sectionNumber":"18","sectionType":"section","heading":"Use of certain land at 541 Windsor Road, Vineyard","content":"#### 18 Use of certain land at 541 Windsor Road, Vineyard\n\n18 Use of certain land at 541 Windsor Road, Vineyard\n\n> > (1) This clause applies to land at 541 Windsor Road, Vineyard, being part of Lot 5, DP 536674, identified as “5” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/hawkesbury-local-environmental-plan-2012).\n> \n> > (2) Development for the purposes of light industries that relate to saw manufacturing and repairs, industrial retail outlets and associated car parking is permitted with consent if the total area of the land on which that development is carried out is not greater than 3,000m2.\n> \n> > (3) Development consent under subclause (2) must not be granted for the purposes of industrial retail outlets if the total gross floor area of the development is greater than 150m2.\n> \n> > (4) Subclause (2) does not apply to a development application lodged more than 2 years after the commencement of the [Hawkesbury Local Environmental Plan 2012 (Amendment No 3)](/view/pdf/asmade/epi-2014-36).","sortOrder":208},{"sectionNumber":"19","sectionType":"section","heading":"Use of certain land at 541–547 Windsor Road, Vineyard","content":"#### 19 Use of certain land at 541–547 Windsor Road, Vineyard\n\n19 Use of certain land at 541–547 Windsor Road, Vineyard\n\n> > (1) This clause applies to land at 541–547 Windsor Road, Vineyard, being part of Lot 5, DP 536674 and Lots 10 and 11, DP 1080426, identified as “6” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/hawkesbury-local-environmental-plan-2012).\n> \n> > (2) Development for the purposes of hardware and building supplies, vehicle sales or hire premises (but only in relation to the hire of trailers) and associated car parking is permitted with consent if the total area of the land on which that development is carried out is not greater than 5,000m2.\n> \n> > (3) Development consent under subclause (2) must not be granted—\n> > \n> > > (a) for the purposes of hardware and building supplies if the total gross floor area of the development is greater than 250m2, or\n> > \n> > > (b) for the purposes of vehicle sales or hire premises if the total gross floor area of the development is greater than 325m2.\n> \n> > (4) Subclause (2) does not apply to a development application lodged more than 2 years after the commencement of the [Hawkesbury Local Environmental Plan 2012 (Amendment No 3)](/view/pdf/asmade/epi-2014-36).","sortOrder":209},{"sectionNumber":"20","sectionType":"section","heading":"Use of certain land at Glossodia","content":"#### 20 Use of certain land at Glossodia\n\n20 Use of certain land at Glossodia\n\n> > (1) This clause applies to the part of the land at Glossodia identified as “7” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/hawkesbury-local-environmental-plan-2012) that is in Zone R2 Low Density Residential or Zone R5 Large Lot Residential.\n> \n> > (2) Development for the purposes of a single food and drink premises and associated car parking facilities is permitted with development consent.\n> \n> > (3) Development consent must not be granted under this clause unless—\n> > \n> > > (a) the development is for the purposes of—\n> > > \n> > > > (i) a restaurant or cafe, or\n> > > \n> > > > (ii) a take away food and drink premises, and\n> > \n> > > (b) the gross floor area of the food and drink premises will not be more than 200 square metres.","sortOrder":210},{"sectionNumber":"21","sectionType":"section","heading":"Use of land at 172 Commercial Road, Vineyard","content":"#### 21 Use of land at 172 Commercial Road, Vineyard\n\n21 Use of land at 172 Commercial Road, Vineyard\n\n> > (1) This clause applies to Lots 2 and 3, DP 229135, 172 Commercial Road, Vineyard.\n> \n> > (2) Development for the purposes of depots and warehouse or distribution centres is permitted with development consent.\n> \n> > (3) Development consent must not be granted unless the consent authority is satisfied the gross floor area of all buildings used for the purposes of depots and warehouse or distribution centres on the land will be less than 8,000m2.\n> \n> > (4) This clause does not apply to a development application lodged after 28 February 2027.","sortOrder":211},{"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 2020 (784), Sch 1\\[13\\]; 2022 (832), Sch 1.10\\[8\\]–\\[15\\]; 2024 (42), Sch 1.22.","sortOrder":212},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Community event or festival involving parades, stalls, amusement devices and public entertainment (and includes fairs and fundraising events carried out by charitable and non-profit organisations) but only if carried out for not more than 14 days in any calendar year on land in public ownership","content":"#### sch.2-sec Community event or festival involving parades, stalls, amusement devices and public entertainment (and includes fairs and fundraising events carried out by charitable and non-profit organisations) but only if carried out for not more than 14 days in any calendar year on land in public ownership\n\nCommunity event or festival involving parades, stalls, amusement devices and public entertainment (and includes fairs and fundraising events carried out by charitable and non-profit organisations) but only if carried out for not more than 14 days in any calendar year on land in public ownership\n\n> > (1) No amplified noise.\n> \n> > (2) Daylight hours only.","sortOrder":213},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Signs—general requirements","content":"#### sch.2-sec-oc.2 Signs—general requirements\n\nSigns—general requirements\n\n> > (1) Must not be moving, illuminated or flashing.\n> \n> > (2) Must not be placed above awnings or on the roof of buildings.\n> \n> > (3) Must be at least 600mm from any public road.\n> \n> > (4) Must be at least 2.6m above any public footpath.\n> \n> > (5) Must relate to the lawful use of the premises (except temporary signs).\n> \n> > (6) Must be within the boundary of the property to which it applies, unless in an employment zone.\n> \n> > (7) Must have the consent of the owner of the property on which the sign is located.","sortOrder":214},{"sectionNumber":"sch.2-sec-oc.3","sectionType":"section","heading":"Signs—business identification signs for businesses other than sex services premises in employment zones","content":"#### sch.2-sec-oc.3 Signs—business identification signs for businesses other than sex services premises in employment zones\n\nSigns—business identification signs for businesses other than sex services premises in employment zones\n\n> > (1) Under awning sign\n> > \n> > > (a) Must be attached to the underside of an awning other than a fascia or return end.\n> > \n> > > (b) Must meet the general requirements for signs.\n> > \n> > > (c) 1 sign per ground floor premises with street frontage.\n> > \n> > > (d) Maximum length—2.5m.\n> > \n> > > (e) Maximum height—0.5m.\n> \n> > (2) Flush wall sign\n> > \n> > > (a) Must be attached to the wall of a building (other than the transom of a doorway or display window) and not projecting more than 300mm.\n> > \n> > > (b) Must meet the general requirements for signs.\n> > \n> > > (c) Maximum area—2.5m2.\n> \n> > (3) Top hamper sign\n> > \n> > > (a) Must be attached to the transom of a doorway or display window of a building.\n> > \n> > > (b) Must meet the general requirements for signs.\n> > \n> > > (c) Maximum area—2.5m2.\n> \n> > (4) Fascia signs\n> > \n> > > (a) Must be attached to the fascia or return of the awning.\n> > \n> > > (b) Must meet the general requirements for signs.\n> > \n> > > (c) Must not project over, or more than 50mm out from, the fascia or return end of the awning to which it is attached.\n> \n> > (5) Pylon signs\n> > \n> > > (a) Must meet the general requirements for signs.\n> > \n> > > (b) 1 pole or pylon sign per premises (including any directory board for multiple occupancies).\n> > \n> > > (c) Maximum height of sign—6m.\n> > \n> > > (d) Must be within 5m of any public entry point to the premises.","sortOrder":215},{"sectionNumber":"sch.2-sec-oc.4","sectionType":"section","heading":"Signs—business identification signs in residential, rural and conservation zones","content":"#### sch.2-sec-oc.4 Signs—business identification signs in residential, rural and conservation zones\n\nSigns—business identification signs in residential, rural and conservation zones\n\n> > (1) Must meet the general requirements for signs.\n> \n> > (2) 1 sign per premises.\n> \n> > (3) Maximum area—0.75m2.\n> \n> > (4) Maximum height—2.5m.","sortOrder":216},{"sectionNumber":"sch.2-sec-oc.5","sectionType":"section","heading":"Signs—in a site, but not visible from outside of that site (other than sex services premises)","content":"#### sch.2-sec-oc.5 Signs—in a site, but not visible from outside of that site (other than sex services premises)\n\nSigns—in a site, but not visible from outside of that site (other than sex services premises)\n\n> Must meet the general requirements for signs.","sortOrder":217},{"sectionNumber":"sch.2-sec-oc.6","sectionType":"section","heading":"Signs—real estate signs (advertising land development)","content":"#### sch.2-sec-oc.6 Signs—real estate signs (advertising land development)\n\nSigns—real estate signs (advertising land development)\n\n> > (1) Must meet the general requirements for signs.\n> \n> > (2) Maximum area—6m2 for each 25 lots.","sortOrder":218},{"sectionNumber":"sch.2-sec-oc.7","sectionType":"section","heading":"Signs—real estate signs (advertising premises or land for sale or rent) in employment zones","content":"#### sch.2-sec-oc.7 Signs—real estate signs (advertising premises or land for sale or rent) in employment zones\n\nSigns—real estate signs (advertising premises or land for sale or rent) in employment zones\n\n> > (1) Must meet the general requirements for signs.\n> \n> > (2) Maximum area—4m2.\n> \n> > (3) Maximum height—3m.\n> \n> > (4) Must be within the boundary of the advertised property.\n> \n> > (5) Must be removed within 14 days after the premises or land is sold or let.","sortOrder":219},{"sectionNumber":"sch.2-sec-oc.8","sectionType":"section","heading":"Signs—real estate signs (advertising premises or land for sale or rent) in residential, rural or conservation zones","content":"#### sch.2-sec-oc.8 Signs—real estate signs (advertising premises or land for sale or rent) in residential, rural or conservation zones\n\nSigns—real estate signs (advertising premises or land for sale or rent) in residential, rural or conservation zones\n\n> > (1) Must meet the general requirements for signs.\n> \n> > (2) 1 sign per street/road frontage.\n> \n> > (3) Maximum area—2.5m2.\n> \n> > (4) Maximum height—2m.\n> \n> > (5) Must be within the boundary of the advertised property.\n> \n> > (6) Must be removed within 14 days after the premises or land is sold or let.","sortOrder":220},{"sectionNumber":"sch.2-sec-oc.9","sectionType":"section","heading":"Signs—shop window signs in employment zones (other than sex services premises)","content":"#### sch.2-sec-oc.9 Signs—shop window signs in employment zones (other than sex services premises)\n\nSigns—shop window signs in employment zones (other than sex services premises)\n\n> > (1) Must meet the general requirements for signs.\n> \n> > (2) Must not occupy more than 25% of the area of the window.","sortOrder":221},{"sectionNumber":"sch.2-sec-oc.10","sectionType":"section","heading":"Signs—temporary signs for religious, cultural, social or recreational events","content":"#### sch.2-sec-oc.10 Signs—temporary signs for religious, cultural, social or recreational events\n\nSigns—temporary signs for religious, cultural, social or recreational events\n\n> > (1) Must meet the general requirements for signs.\n> \n> > (2) 1 sign per street frontage.\n> \n> > (3) Maximum area—2.5m2 and maximum height—2m in residential, rural and conservation zones.\n> \n> > (4) Maximum area—4m2 and maximum height—3m in employment zones.\n> \n> > (5) Must not include commercial advertising apart from name of event sponsor.\n> \n> > (6) Must not be displayed earlier than 14 days before, or later than 2 days after, the event.\n> \n> > (7) Must not be used in relation to weekly or monthly recurring events.","sortOrder":222},{"sectionNumber":"sch.2-sec-oc.11","sectionType":"section","heading":"Signs—sandwich boards (A frame)","content":"#### sch.2-sec-oc.11 Signs—sandwich boards (A frame)\n\nSigns—sandwich boards (A frame)\n\n> > (1) If located on private property in employment zones—\n> > \n> > > (a) maximum area 2.4m2 on each of the 2 faces, and\n> > \n> > > (b) maximum of 1 sign per business.\n> \n> > (2) If located on council property and public places—\n> > \n> > > (a) maximum area 1.2m2 on each of the 2 faces, and\n> > \n> > > (b) must not to be placed so as to obstruct pedestrians or the view of drivers of motor vehicles, and\n> > \n> > > (c) must be located no more than 5m from the business to which it relates, and\n> > \n> > > (d) maximum of 1 sign per business.","sortOrder":223},{"sectionNumber":"sch.2-sec-oc.12","sectionType":"section","heading":"Markets","content":"#### sch.2-sec-oc.12 Markets\n\nMarkets\n\n> > (1) Must take place on the following—\n> > \n> > > (a) public land owned by, or under the control of, the Council,\n> > \n> > > (b) a public road for which the Council is the roads authority under the [Roads Act 1993](/view/html/inforce/current/act-1993-033).\n> \n> > (2) Must have access and egress for pedestrians and emergency vehicles.\n> \n> > (3) Must not include the erection of a permanent structure.","sortOrder":224},{"sectionNumber":"sch.2-sec-oc.13","sectionType":"section","heading":"Recreation areas","content":"#### sch.2-sec-oc.13 Recreation areas\n\nRecreation areas\n\n> > (1) Must only be used for the purposes of concerts, events, festivals, functions, exhibitions, parades and weddings.\n> \n> > (2) Must take place on the following—\n> > \n> > > (a) public land owned by, or under the control of, the Council,\n> > \n> > > (b) a public road for which the Council is the roads authority under the [Roads Act 1993](/view/html/inforce/current/act-1993-033).\n> \n> > (3) Must have access and egress for pedestrians and emergency vehicles.\n> \n> > (4) Must not include the erection of a permanent structure.\n> \n> > (5) Must not permanently occupy the land or road.\n> \n> > (6) Must not involve any permanent physical change to the land or road.","sortOrder":225},{"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 2022 (629), Sch 3.3\\[3\\]; 2022 (832), Sch 1.10\\[16\\]–\\[18\\].","sortOrder":226},{"sectionNumber":"sch.3-sec","sectionType":"section","heading":"Building alterations and additions (external) to industrial buildings in Zone E4","content":"#### sch.3-sec Building alterations and additions (external) to industrial buildings in Zone E4\n\nBuilding alterations and additions (external) to industrial buildings in Zone E4\n\n> > (1) Total area of all additions must not exceed 1,000m2.\n> \n> > (2) Must not be carried out on land—\n> > \n> > > (a) in Zone C2 Environmental Conservation, or within 20 metres of land so zoned, or\n> > \n> > > (b) that is lower than 1.2m below the 1 in 100 year flood level for the land, or\n> > \n> > > (c) that is significantly contaminated land within the meaning of the [Contaminated Land Management Act 1997](/view/html/inforce/current/act-1997-140), or\n> > \n> > > (d) that is on a register maintained by the Council as land that is subject to landslip, or\n> > \n> > > (e) that is identified on the [Acid Sulfate Soils Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/hawkesbury-local-environmental-plan-2012) as land containing potential acid sulfate soils of Class 1, 2 or 3, or\n> > \n> > > (f) that is a Riverine Scenic Area or a Hawkesbury-Nepean conservation area sub-catchment under [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), Chapter 6.\n> \n> > (3) Maximum height above ground level (existing)—9m.\n> \n> > (4) Must be set back from the front property boundary—\n> > \n> > > (a) on classified roads—15m, and\n> > \n> > > (b) on all other roads—10m.\n> \n> > (5) Must not be on a corner lot or a lot that is adjacent to land in a residential or recreation zone.\n> \n> > (6) Earthworks must not extend more than—\n> > \n> > > (a) 900mm above ground level (existing), or\n> > \n> > > (b) 600mm below ground level (existing).\n> \n> > (7) Must provide and maintain, adjacent to any street boundary, a landscaped area with a minimum width of 5m that is designed by a suitably qualified landscape architect. Car parking spaces are not to be provided for in this area.\n> \n> > (8) Must ensure that there are in each landscaped area at least 3 trees (that grow to a mature height of over 5m), 6 shrubs (that grow to a mature height of over 1.5m) and 20 smaller plants.\n> \n> > (9) Building facades to street frontages must be constructed predominantly of face brick, concrete panels or pre-coloured masonry blocks (not standard concrete blocks) or glazing.\n> \n> > (10) Roller shutters and loading docks must not face the street frontage.\n> \n> > (11) Maximum reflectivity index permissible for any external glazing—20%.\n> \n> > (12) The colour scheme and design features must unify all additions to the premises.\n> \n> > (13) Any fencing must be provided behind the landscaped area and must not be prepainted solid metal fencing.\n> \n> > (14) Must provide car parking spaces for additions to building area of at least—\n> > \n> > > (a) 4 car parking spaces for any part of the first 300m2 of additional gross floor area, and\n> > \n> > > (b) 1 car parking space for each additional 90m2, or part thereof, of additional gross floor area.\n> \n> > (15) Must provide at least 1 car parking space for each 30m2, or part thereof, of additional gross floor area proposed to be used for the purpose of office premises.\n> \n> > (16) Car parking spaces must be perpendicular to the driveway and at least 5.5m long and 2.6m wide with a minimum driveway width of 6.7m.\n> \n> > (17) Any additional driveway must be at least 1m from the closest property boundary.\n> \n> > (18) On-site manoeuvring areas must be of sufficient size to permit all vehicles to enter and exit the site in a forward direction.\n> \n> > (19) Garbage and storage areas must be located behind the building line and be screened from the road and adjoining land.\n> \n> > (20) Any additional roof or surface drainage area must have a gravity fed drainage system that—\n> > \n> > > (a) captures the water from the additional roof or surface drainage area, and\n> > \n> > > (b) discharges that water into the inter-allotment or street stormwater drainage system, and\n> > \n> > > (c) limits the rate of that discharge into Council’s kerb and gutter to less than 20 litres per second per outlet, and\n> > \n> > > (d) is constructed of Rolled Hollow Section (RHS) not greater than 100mm in height with not more than two outlets located adjacent to each other, and\n> > \n> > > (e) does not permit the post-development flow rate to exceed the pre-development flow rate for all recurrence intervals from the 1 year event to the 100 year event.\n> \n> > (21) All additions must be connected to a reticulated sewerage system.","sortOrder":228},{"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":230},{"sectionNumber":"sch.3-sec-oc.3","sectionType":"section","heading":"Conditions relating to building alterations and additions (external) to industrial building in Zone E4","content":"#### sch.3-sec-oc.3 Conditions relating to building alterations and additions (external) to industrial building in Zone E4\n\nConditions relating to building alterations and additions (external) to industrial building in Zone E4\n\n> > Required payments Evidence of any payments required in relation to any of the following must be provided to the Council on or before the lodging of the complying development certificate with the Council—\n> > \n> > > (a) developer, sewerage, drainage or stormwater contributions,\n> > \n> > > (b) road reserve deposits,\n> > \n> > > (c) opening of roads,\n> > \n> > > (d) inspections,\n> > \n> > > (e) long service levy.","sortOrder":231},{"sectionNumber":"sch.3-sec-oc.4","sectionType":"section","heading":"Conditions applying during the works","content":"#### sch.3-sec-oc.4 Conditions applying during the works\n\nConditions applying during the works\n\n> Note.\n> \n> The [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156) and the [Protection of the Environment Operations (Noise Control) Regulation 2008](/view/html/repealed/current/sl-2008-0040) contain provisions relating to noise.\n> \n> > Survey—industrial buildings and additions The building must be set out by a registered surveyor. The survey certificate of the building showing the position of the external walls under construction and in compliance with the approved plans must be lodged with the principal certifying authority.","sortOrder":232},{"sectionNumber":"sch.3-sec-oc.5","sectionType":"section","heading":"Construction requirements","content":"#### sch.3-sec-oc.5 Construction requirements\n\nConstruction requirements\n\n> > Parking, driveways and turning areas Off-street car parking spaces, together with access driveways and turning areas, must be constructed, paved, line marked, signposted and maintained.","sortOrder":233},{"sectionNumber":"sch.3-sec-oc.6","sectionType":"section","heading":"Before issue of occupation certificate","content":"#### sch.3-sec-oc.6 Before issue of occupation certificate\n\nBefore issue of occupation certificate\n\n> Where required—\n> \n> > (a) a Section 73 Certificate from Sydney Water must be submitted to the principal certifying authority,\n> \n> > (b) written clearance from Integral Energy must be submitted to the principal certifying authority.","sortOrder":234},{"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 2020 (784), Sch 1\\[14\\]; 2021 (787), Sch 1\\[1\\] \\[2\\]; 2024 (464), Sch 1.","sortOrder":235},{"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 2012 No 95, Sch 2.14; 2020 (173), cl 5; 2020 (784), Sch 1\\[15\\]; 2021 (167), cl 5; 2022 (629), Sch 3.3\\[4\\]; 2023 (404), cl 5.","sortOrder":239},{"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":242},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":244},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":246}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":741},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a local environmental plan. While it has been amended multiple times (noted throughout with amendment references), these changes appear to be refinements and updates rather than significant scope expansion. The core structure—zoning, development controls, subdivision rules, and environmental protections—remains intact. Some specific provisions have time limits (e.g., the Tutti Fruitti Cafe clause with 2-year removal requirement, the expired World Polo Championship clause), which are typical for LEPs rather than scope creep."},"complexity_factors":["Multiple overlapping zone systems (11 zone categories with 22 specific zones)","Extensive cross-referencing to external maps (Lot Size Map, Land Zoning Map, Heritage Map, etc.)","Nested exceptions and special provisions (clauses 4.1, 4.1AA, 4.1A, 4.1B, 4.1C, 4.1D, 4.1E, 4.1F, 4.1G, 4.1H all modify subdivision rules)","Location-specific rules for Grose Wold/Grose Vale, Pitt Town, North Richmond, Glossodia, and other areas","Detailed heritage protection with 500+ listed items and 4 conservation areas","Multiple schedules with technical specifications (exempt development, complying development, aquaculture standards)","Conditional exemptions for intensive livestock agriculture with distance buffers and capacity thresholds","Integration with State Environmental Planning Policies and other legislation","Sunset clauses for temporary provisions (e.g., World Polo Championship 2017 clause expired 31 December 2017)","Defined terms scattered throughout and in a Dictionary"],"plain_english_summary":"This is the **Hawkesbury Local Environmental Plan 2012**, a planning rulebook that controls what can be built and how land can be used across the Hawkesbury region in New South Wales.\n\n**What it does:**\n- **Zones land** into categories like rural (farming), residential, commercial, industrial, conservation, and recreation areas. Each zone has rules about what activities are allowed, need approval, or are banned.\n- **Controls development** by requiring council approval (called \"development consent\") for most building work, subdivisions, and changes of land use.\n- **Protects the environment** through special rules for flood-prone land, bush fire risk, heritage sites, threatened species, wetlands, and water catchments.\n- **Manages subdivision** (cutting land into smaller lots) with minimum lot sizes that vary by zone and location—some areas allow \"lot averaging\" to protect endangered ecosystems.\n- **Supports specific industries** like farming, tourism, and aquaculture (fish farming), with extra conditions to minimise environmental harm.\n- **Preserves heritage** by protecting historic buildings, Aboriginal sites, and conservation areas—any changes need special approval.\n\n**Who it affects:**\n- **Property owners** wanting to build, subdivide, or change land use\n- **Farmers** operating intensive livestock or aquaculture businesses\n- **Developers** building housing or commercial projects\n- **Anyone in flood-prone or environmentally sensitive areas**\n\n**Why it matters:**\nThe Plan balances growth with protection—allowing housing and economic activity while safeguarding the Hawkesbury's rural character, natural waterways, heritage, and biodiversity. It also responds to specific local issues like aircraft noise near RAAF Base Richmond, acid sulfate soils, and the area's flood history."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes. The instrument has expanded beyond the generic local planning framework set out at commencement (cl 1.2). Since 2012 it has accumulated numerous targeted amendments and site‑specific provisions: additional permitted uses for particular lots (Schedule 1), many parcel‑level Part 6 clauses (temporary uses, capped dwelling yields, community title rules, special consultation requirements with State agencies), new environmental overlays (terrestrial biodiversity, wetlands, public bushland) and detailed technical requirements for aquaculture, intensive livestock, acid sulfate soils and flood planning. Those additions materially broaden the Plan’s practical scope from a standard zoning instrument to a dense hybrid of strategic mapping rules plus bespoke permissions and constraints tailored to specific properties and events (see Schedule 1, Part 6 clauses, cl 6.4–6.5, cl 5.19 and cl 4.1 series). The accumulation of parcel‑specific permissions concentrates benefits for named land parcels while creating a more complex and conditional approval environment for all other landowners."},"complexity_factors":["22 distinct land use zones (cl 2.1) that carry different permitted/prohibited use lists","Multiple whole‑of‑plan maps referenced (15+ maps: zoning, lot size, lot averaging, restricted lot yield, height, heritage, biodiversity, wetlands, land reservation, Pitt Town maps, etc.)","6 schedules (Schedules 1–6) containing site‑specific permissions, exempt and complying development lists, technical rules","Large heritage schedule (Schedule 5) listing hundreds of heritage items and conservation areas","Extensive cross‑references to other state Acts and SEPPs (many clauses cite other legislation and State policies, e.g. cl 1.9, cl 5.12, cl 5.19)","Numerous site‑specific Part 6 clauses (many different parcels with bespoke rules: cl 6.10–6.17, cl 6.13–6.14 etc.)","Nested and conditional subdivision rules with many exceptions (cl 4.1, 4.1A–4.1H, 4.1C–4.1G) including lot averaging, area‑specific exceptions and restricted yield","Discretionary exception clause allowing contravention of development standards with required justifications and record‑keeping (cl 4.6)","Multiple repeals and amendments over time noted in text (frequent ‘Am’ and ‘Rep’ notes), increasing historical complexity and interpretive burden"],"plain_english_summary":"**What this plan does (mechanics)**\n\n- Sets the rules for how land in the City of Hawkesbury may be used and developed. It does this by: zoning land (telling you what uses are allowed where), listing permitted and prohibited uses for each zone, identifying development that can be done without consent (exempt), development that can be approved more simply (complying), and development that requires full development consent from the Council (the consent authority) (see cl 2.1, cl 2.3, cl 1.6, schs 2–3).\n\n- Controls subdivision and lot sizes through mapped minimums, lot‑averaging rules and a suite of exceptions and special limits for particular places (see cl 4.1, 4.1A–4.1G and the Lot Size/Lot Averaging/Restricted Lot Yield maps).\n\n- Limits building height by mapped maximums (cl 4.3) and imposes local development standards (e.g. parking, floor area caps for particular uses, size limits for home businesses, kiosks, neighbourhood shops) (cl 5.4 and Parts of schs 2–3).\n\n- Embeds environmental and heritage controls: terrestrial biodiversity, wetlands, acid sulfate soils, public bushland, flood planning and heritage items/heritage conservation areas. These require the consent authority to consider impacts and in many cases prohibit development unless certain tests are met (cl 6.4–6.5, cl 6.1, cl 5.21, cl 5.10, sch 5).\n\n- Contains a long list of site‑specific and time‑limited provisions (additional permitted uses, special local clauses in Part 6 and Schedule 1) that allow or restrict particular projects on particular parcels of land (Schedule 1; cl 6.10–6.17, cl 6.13–6.14 etc.).\n\n- Cross‑references and is subordinated to State environmental planning policies; it also identifies which State policies prevail (cl 1.9) and links to many other Acts and technical guidelines.\n\n- Keeps and relies on multiple official maps (land application, zoning, lot size, height, biodiversity, wetlands, heritage maps and several others) to apply many rules.\n\n\n**Who is affected**\n\n- Landowners and prospective purchasers: what they can build, subdivide or operate on each parcel is determined by the zone, mapped controls and any site‑specific clauses (cl 2.2, sch 1, Part 6).\n\n- Developers and builders: consent requirements, complying/exempt pathways and detailed design/operational conditions (schs 2–3, cl 3.1–3.3, sch 3) determine cost, timing and technical obligations.\n\n- Hawkesbury City Council (consent authority): makes most decisions, keeps records and enforces compliance (cl 1.6, cl 4.6(4)). The Plan also creates instances where other state bodies must be consulted or concur (e.g. Department of Defence, Planning Secretary) (cl 6.10, cl 6.15).\n\n- Community and neighbours: amenity, flood and bushfire risk, heritage values and public infrastructure outcomes are all affected because the Plan sets what developments are acceptable near them (cl 5.21, cl 5.11, cl 5.10).\n\n\n**Why it matters (stated purpose and practical effects)**\n\n- The Plan says it aims to manage orderly development, protect environmental and heritage values and provide for housing, primary production and compatible economic uses (cl 1.2). That is implemented by zoning, mapped controls and targeted local rules.\n\n- Practical effect: the Plan creates permit pathways and constraints that change the economic value and feasible uses of land. For example, mapped minimum lot sizes and yield limits constrain subdivision potential (cl 4.1, cl 4.1G), heritage listings restrict demolition/subdivision on many properties (cl 5.10, sch 5), environmental overlay maps trigger additional assessments or prohibit exempt/compliant development in sensitive areas (cl 3.3, cl 6.4–6.5).\n\n\n**Incentives, costs and trade‑offs (testing the Plan’s stated aims against effects)**\n\n- Who pays: private landowners and developers bear most direct costs — fees, design constraints, mitigation measures, infrastructure contributions and delay from additional assessments (e.g. heritage management plans, acid sulfate soils plans, geotechnical tests) (cl 6.1, cl 5.10, cl 4.1B).\n\n- Who decides: the Council is the primary decision maker, with discretionary power to approve exceptions and impose conditions; some decisions require consultation or concurrence from State bodies (cl 1.6, cl 6.15, cl 6.10). Discretion means outcomes can vary case‑by‑case.\n\n- Behaviour changes incentivised: the Plan steers development away from mapped environmentally sensitive areas, encourages uses allowed in particular zones and permits some temporary and site‑specific activities (cl 2.8, sch 1, sch 2). It restricts canal estates (explicit prohibition) (cl 2.9) and places quantitative limits on commercial floor areas and guest numbers for small rural tourism and home‑based activities (cl 5.4).\n\n- Trade‑offs and opportunity costs: stronger environmental and heritage controls protect public values but raise development costs and reduce subdivision yield in mapped areas (clauses in Part 4 and Part 6). Site‑specific additional permitted uses (Schedule 1 and Part 6 clauses) create concentrated private benefits for particular landowners; the cost of such bespoke permissions falls partly on the community (infrastructure demand, environmental risk) and is managed by conditions and mapping.\n\n- Compliance and implementation risk: many provisions require professional studies (heritage impact statements, geotechnical reports, acid sulfate soils management plans) and rely on consent authority judgement. That increases transaction costs and creates some uncertainty about approval likelihood and timing (cl 6.1–6.5, cl 4.1B, cl 5.10(5)).\n\n- Rent‑seeking/capture risk: the Plan contains multiple parcel‑specific permissions and exemptions (Schedule 1, Part 6). Where rules are tailored to particular land, the benefits are concentrated; oversight (public notification, State concurrence clauses) reduces but does not eliminate the risk that decisions favour specific owners.\n\n\n**Important practical points to watch**\n\n- Many rules operate by maps. You must check the relevant map for any parcel (lot size, height, heritage overlay, biodiversity, wetlands, flood planning, special clause maps) because the same clause can apply differently depending on mapping (see cl 2.2, cl 4.1 and numerous Part 6 clauses).\n\n- The Plan allows exceptions and discretionary approvals (e.g. contravening development standards subject to tests) — they require explicit justification and the consent authority must keep a record of the assessment (cl 4.6).\n\n- Several state instruments continue to overlay the Plan and can prevail (cl 1.9). That means state policy shifts or State Environmental Planning Policies may change how some permissions operate.\n\n\nIf you want a focused read‑out for a particular property (which maps apply, whether an intended use is permitted, likely assessments required, and typical conditions), tell me the property ID or address and I will extract the applicable clauses and maps and list the practical steps and likely consent path (exempt / complying / development consent)."},"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"},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The plan's original 2012 scope has been materially expanded and refined through more than 60 amendments over 13 years. These amendments have progressively rezoned land parcels, updated development standards, incorporated new state planning policies, and responded to local issues such as flood risk, housing supply pressures, and heritage listings. What began as a consolidation of Hawkesbury's planning rules has evolved into a significantly more detailed and frequently updated instrument than originally enacted."},"complexity_factors":["Over 60 separate amendments since 2012, meaning the rules have changed frequently and tracking the correct version applicable to any given point in time requires careful attention","Multiple land use zones, each with their own permitted, permissible with consent, and prohibited uses — requiring cross-referencing between zoning maps and zone tables","Layered regulatory framework — the LEP sits under the Environmental Planning and Assessment Act 1979 and interacts with State Environmental Planning Policies (SEPPs), development control plans (DCPs), and council policies","Specific development standards (height limits, floor space ratios, lot sizes) vary by zone and sometimes by individual site, requiring site-by-site analysis","Hawkesbury's geography creates complexity: the area includes urban, rural, agricultural, heritage, bushfire-prone, flood-prone, and environmentally sensitive land — each with distinct rules","Heritage provisions require identification of listed items and assessment of impact, adding a specialist dimension","Exempt and complying development provisions interact with both this LEP and state-wide codes, requiring parallel reading of multiple instruments","The standard instrument template means some provisions are mandated state-wide while others are locally tailored — distinguishing between them requires expertise"],"plain_english_summary":"The Hawkesbury Local Environmental Plan 2012 is the rulebook that controls land use and development across the Hawkesbury LGA. It affects property owners, residents, developers, farmers and anyone buying land by determining what activities and buildings are permitted on each parcel.\n\nThe LEP zones land, sets standards (heights, lot sizes, floor space), protects heritage and environmental values, and governs approvals (exempt, complying, or consent). It’s the primary local planning instrument under NSW law and has been amended over 60 times, most recently in September 2025."}},"importantCases":[],"_links":{"self":"/api/acts/hawkesbury-local-environmental-plan-2012","history":"/api/acts/hawkesbury-local-environmental-plan-2012/history","analysis":"/api/acts/hawkesbury-local-environmental-plan-2012/analysis","conflicts":"/api/acts/hawkesbury-local-environmental-plan-2012/conflicts","importantCases":"/api/acts/hawkesbury-local-environmental-plan-2012/important-cases","documents":"/api/acts/hawkesbury-local-environmental-plan-2012/documents"}}