{"id":"nsw:epi-2022-0874","name":"Hilltops Local Environmental Plan 2022","slug":"hilltops-local-environmental-plan-2022","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"874 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181084,"registerId":"nsw-nsw:epi-2022-0874-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 [Hilltops Local Environmental Plan 2022](/view/html/inforce/current/epi-2022-0874).","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> > RU4 Primary Production Small Lots\n> > \n> > RU5 Village\n> \n> > Residential Zones\n> \n> > R1 General Residential\n> > \n> > R2 Low Density Residential\n> > \n> > R5 Large Lot Residential\n> \n> > Employment Zones\n> \n> > E3 Productivity Support\n> > \n> > E4 General Industrial\n> \n> > Mixed Use Zones\n> \n> > MU1 Mixed Use\n> \n> > Special Purpose Zones\n> \n> > SP2 Infrastructure\n> > \n> > SP3 Tourist\n> \n> > Recreation Zones\n> \n> > RE1 Public Recreation\n> > \n> > RE2 Private Recreation\n> \n> > Conservation Zones\n> \n> > C1 National Parks and Nature Reserves\n> > \n> > C3 Environmental Management\n> \n> > Waterway Zones\n> \n> > W1 Natural Waterways\n> > \n> > W2 Recreational Waterways","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 2023 (82), Sch 2; 2025 (382), Sch 1\\[1\\]–\\[5\\]; 2026 (9), Sch 1.\n\nZone RU1 Primary Production\n\nZone RU4 Primary Production Small Lots\n\nZone RU5 Village\n\nZone R1 General Residential\n\nZone R2 Low Density Residential\n\nZone R5 Large Lot Residential\n\nZone E3 Productivity Support\n\nZone E4 General Industrial\n\nZone MU1 Mixed Use\n\nZone SP2 Infrastructure\n\nZone SP3 Tourist\n\nZone RE1 Public Recreation\n\nZone RE2 Private Recreation\n\nZone C1 National Parks and Nature Reserves\n\nZone C3 Environmental Management\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> Aquaculture; Bed and breakfast accommodation; Cellar door premises; Dwelling houses; Extractive industries; Farm buildings; Farm stay accommodation; Intensive livestock agriculture; Intensive plant agriculture; Light industries; Open cut mining; Roads; Roadside stalls; Rural workers’ dwellings; Secondary dwellings; Any other development not specified in item 2 or 4","sortOrder":33},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Amusement centres; Boat building and repair facilities; Car parks; Centre-based child care facilities; Commercial premises; Creative industries; Depots; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Freight transport facilities; Health services facilities; Heavy industrial storage establishments; High technology industries; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Local distribution premises; Marinas; Mortuaries; Passenger transport facilities; Places of public worship; Port facilities; Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; School-based child care; Service stations; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; 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":99},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":103},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":113},{"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/hilltops-local-environmental-plan-2022) (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).\n> > \n> > | Type of land shown on Map | Authority of the State |\n> > | Zone RE1 Public Recreation and marked “Local open space” | Council |\n> > | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |\n> > | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |\n> > | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |\n> \n> > (3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.","sortOrder":114},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":140},{"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—\n> > > \n> > > > (a) permitted without consent under this Plan, or\n> > > \n> > > > (b) for which development consent has been granted.\n> \n> > (3) In deciding whether to grant 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,\n> > \n> > > (d) the effect of the development on the existing and likely amenity of adjoining properties,\n> > \n> > > (e) the source of the fill material and the destination of the excavated material,\n> > \n> > > (f) the likelihood of disturbing relics,\n> > \n> > > (g) the proximity to, and potential for adverse impacts on, a waterway, drinking water catchment or environmentally sensitive area,\n> > \n> > > (h) 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":141},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Additional permitted uses","content":"# Schedule 1 Additional permitted uses\n\nSchedule 1 Additional permitted uses\n\n(Clause 2.5)","sortOrder":152},{"sectionNumber":"7","sectionType":"section","heading":"Use of certain land at 1 Murringo Street, Young","content":"#### 7 Use of certain land at 1 Murringo Street, Young\n\n7 Use of certain land at 1 Murringo Street, Young\n\n> > (1) This clause applies to Lot 9, Section 57, DP 759144, 1 Murringo Street, Young.\n> \n> > (2) Development for the purposes of car parks is permitted with development consent.","sortOrder":159},{"sectionNumber":"8","sectionType":"section","heading":"Use of certain land at 910 Olympic Way North, Young","content":"#### 8 Use of certain land at 910 Olympic Way North, Young\n\n8 Use of certain land at 910 Olympic Way North, Young\n\n> > (1) This clause applies to Lot 10, DP 1017938, 910 Olympic Way North, Young.\n> \n> > (2) Development for the purposes of industry that is a hotmix and coldmix production plant is permitted with development consent.","sortOrder":160},{"sectionNumber":"9","sectionType":"section","heading":"Use of certain land at Telegraph Road and Murringo Road, Young","content":"#### 9 Use of certain land at Telegraph Road and Murringo Road, Young\n\n9 Use of certain land at Telegraph Road and Murringo Road, Young\n\n> > (1) This clause applies to the following land at Young—\n> > \n> > > (a) Lot 1228, DP 754611, 4207 Murringo Road,\n> > \n> > > (b) Lots 1251 and 1416, DP 754611 and Lots 1 and 2, DP 1246675, 90 Telegraph Road,\n> > \n> > > (c) Lot 2, DP 829700 and Lot 1771, DP 754611, 151 Telegraph Road.\n> \n> > (2) Development for the purposes of a single poultry farm is permitted with development consent.","sortOrder":161},{"sectionNumber":"10","sectionType":"section","heading":"Use of certain land at 8 Wombat Street, Young","content":"#### 10 Use of certain land at 8 Wombat Street, Young\n\n10 Use of certain land at 8 Wombat Street, Young\n\n> > (1) This clause applies to Lot 2A, DP 976203, 8 Wombat Street, Young.\n> \n> > (2) Development for the purposes of vehicle sales or hire premises is permitted with development consent.","sortOrder":162},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Exempt development","content":"# Schedule 2 Exempt development\n\nSchedule 2 Exempt development\n\n(Clause 3.1)\n\nNote 1—\n\n[State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.\n\nNote 2—\n\nExempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.\n\n(When this Plan was made this Schedule was blank)","sortOrder":163},{"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":164},{"sectionNumber":"sch.3-sec","sectionType":"section","heading":"Parking and storage of passenger buses, heavy vehicles, plant and machinery","content":"#### sch.3-sec Parking and storage of passenger buses, heavy vehicles, plant and machinery\n\nParking and storage of passenger buses, heavy vehicles, plant and machinery\n\n> > (1) Must only be on land in Zone RU1, Zone RU4, Zone RU5, Zone R1 or Zone R5.\n> \n> > (2) Must be used for commercial purposes.\n> \n> > (3) Must be associated with an existing dwelling house adjoining the land.\n> \n> > (4) Maximum area—\n> > \n> > > (a) if located on land in Zone RU5, Zone R1 or Zone R5—30m2, or\n> > \n> > > (b) if located on land in Zone RU1 or Zone RU4—100m2.\n> \n> > (5) If located on land in Zone RU5, Zone R1 or Zone R5—must be located at least 3m from the primary road frontage of the lot and each lot boundary.\n> \n> > (6) If located on land in Zone RU1 or Zone RU4—must be located at least 10m from the primary road frontage of the lot and each lot boundary.\n> \n> > (7) Maintenance and servicing of vehicles must not be carried out on the land.\n> \n> > (8) Appropriate vehicle access must be provided to the nearest Council-owned road.\n> \n> > (9) Must not be located—\n> > \n> > > (a) on land containing water, sewerage or stormwater infrastructure, or\n> > \n> > > (b) over an easement used for the provision of essential services.","sortOrder":166},{"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":168},{"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":169},{"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 2025 (382), Sch 1\\[7\\]–\\[11\\].","sortOrder":173},{"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":177},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":179},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":181},{"sectionNumber":"11","sectionType":"section","heading":"Culture water","content":"#### 11 Culture water\n\n11 Culture water\n\n> Must use freshwater.","sortOrder":194}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":705},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"This appears to be the original consolidated version of the Hilltops LEP 2022, which replaced three former LEPs (Boorowa 2012, Harden 2011, Young 2010). The scope aligns with standard NSW local environmental planning instruments and does not show significant expansion beyond typical LEP functions. The instrument follows the standard template with customary additions for rural/regional areas (agriculture protection, farm stays, aquaculture)."},"complexity_factors":["17 land use zones with detailed objectives and permitted/prohibited uses for each","Extensive cross-referencing to State Environmental Planning Policies (SEPPs) and other legislation","Multiple overlay provisions (biodiversity, riparian land, groundwater, salinity, erosion, flood planning) that apply additional requirements","Heritage provisions with 290+ listed items and 6 conservation areas requiring detailed assessment","Nested exceptions and savings provisions (e.g., clause 1.8A for pending applications, clause 2.5 for additional permitted uses)","Detailed aquaculture provisions with separate schedules for pond-based, tank-based, and oyster operations","Minimum lot size requirements with multiple exceptions and conditional provisions (clauses 4.1, 4.1AA, 4.1A, 4.2, 4.2A)","Deferred matters and land application maps referenced but not included in text","Multiple amendment references indicating evolving instrument (2023, 2025, 2026 amendments noted)"],"plain_english_summary":"This is a **Local Environmental Plan (LEP)** for the **Hilltops region** in New South Wales, covering the former council areas of Boorowa, Harden, and Young. It sets the rules for what can be built and how land can be used across the region.\n\n**What it does:**\n- **Zones land** into categories like rural (farming), residential, industrial, mixed-use, and conservation areas — 17 zones in total\n- **Controls development** by specifying what uses are permitted without approval (like home occupations), what needs council approval (like new houses or shops), and what's banned (like heavy industry in residential areas)\n- **Protects the environment** through special rules for biodiversity, riparian (riverbank) land, groundwater, salinity, erosion-prone soils, and drinking water catchments\n- **Manages heritage** by protecting over 290 heritage items and 6 heritage conservation areas\n- **Sets minimum lot sizes** for subdivisions and dwellings, with special rules to prevent rural land fragmentation\n- **Allows some development without approval** (exempt development) and fast-tracked approval (complying development) for low-impact works\n\n**Who it affects:**\n- Property owners, farmers, and developers in the Hilltops region\n- Anyone seeking to build, subdivide, or change land use\n- Council (the consent authority) when assessing development applications\n\n**Key local features:**\n- Strong protections for primary production (farming) land\n- Special rules for the Lachlan and Boorowa Rivers, Lake Wyangala, and Carinya Estate\n- Provisions for farm stay accommodation, farm gate premises, and eco-tourist facilities\n- Music-friendly provisions that prevent council from refusing venues based on music genre or live performance"},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Based on the metadata available, this appears to be a standard instrument LEP functioning as intended — a comprehensive land use planning instrument for the Hilltops Council area. The multiple amendments are consistent with normal LEP administration (correcting errors, rezoning specific parcels, updating provisions) rather than any fundamental shift in scope. Without access to the full text and amendment history details, no evidence of scope drift from original intent can be confirmed."},"complexity_factors":["Standard instrument LEPs incorporate extensive state-mandated template clauses alongside locally specific provisions, requiring readers to cross-reference both layers","Heavy reliance on zone-specific land use tables — understanding what you can do on your land requires locating the correct zone on a separate spatial map and then interpreting permitted/prohibited use lists","Nine amendments since commencement (Dec 2022 to Jan 2026) create a version-history complexity — past applications may have been assessed under different rules","Interaction with parent legislation (Environmental Planning and Assessment Act 1979) and other state environmental planning policies (SEPPs) adds legal layering not visible in the plan itself","Defined terms carry precise legal meanings that differ from everyday usage (e.g. 'dwelling', 'subdivision', 'exempt development')","Spatial/geographic component means legal effect depends on map sheets that must be read alongside the text","Heritage, biodiversity, flood, and bushfire overlays create additional conditional rules layered on top of base zoning"],"plain_english_summary":"The Hilltops Local Environmental Plan 2022 is the official land‑use rulebook for Hilltops Council (Young, Boorowa, Harden). It maps zoning and sets the legal rules for what can be built or done on any parcel—eg agricultural, residential, commercial or industrial uses—and is the first legal hurdle for development, subdivision or major property changes.\n\nIt directly affects property owners, farmers, developers, businesses and local residents. It follows the NSW standard instrument template and has been updated nine times since commencing in December 2022, so always check the current version."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Plan consolidates and replaces the former Boorowa, Harden and Young local environmental plans for land in Hilltops (cl. 1.8), while preserving unresolved development applications (cl. 1.8A). It expands local detail via new mapped overlays, site‑specific additional permitted uses (Schedule 1) and a comprehensive heritage schedule (Schedule 5), and adds numerous local controls (e.g. aquaculture, music/noise limits, flood and biodiversity provisions) that alter the practical regulatory scope compared with the prior instruments."},"complexity_factors":["Consolidation of multiple prior LEPs and repeal/savings mechanics (cl. 1.8, 1.8A)","Large number of land‑use zones and a detailed Land Use Table with different permitted/ prohibited categories","Multiple spatial overlays and map references (Lot Size Map, Environmentally Sensitive Land, Riparian, Biodiversity, Heritage, Flooding, etc.) requiring cross‑checking","Interplay with State environmental planning policies and other Acts (numerous cross‑references throughout)","Granular local exceptions and controls (Schedules 1–6, clause‑level caps like bed & breakfast, secondary dwellings, aquaculture rules)","Discretionary consent processes with many mandatory considerations (heritage, biodiversity, riparian, flood risk) increasing assessment complexity for applicants and consent authority","Site‑specific provisions and heritage listings (Schedule 5) that create bespoke constraints and approval steps"],"plain_english_summary":"This Local Environmental Plan sets the land‑use zones, maps and development rules for the Hilltops local government area, replacing earlier local plans and prescribing what development needs consent, what is exempt or complying, and which environmental and heritage overlays apply.\n\nIt affects landowners, developers and the Council (the consent authority). It matters because it decides who may develop land, the conditions and costs attached to consent, and the practical constraints from overlays and site‑specific schedules that change development incentives and compliance burdens."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/hilltops-local-environmental-plan-2022","history":"/api/acts/hilltops-local-environmental-plan-2022/history","analysis":"/api/acts/hilltops-local-environmental-plan-2022/analysis","conflicts":"/api/acts/hilltops-local-environmental-plan-2022/conflicts","importantCases":"/api/acts/hilltops-local-environmental-plan-2022/important-cases","documents":"/api/acts/hilltops-local-environmental-plan-2022/documents"}}