{"id":"nsw:epi-2013-0712","name":"Kempsey Local Environmental Plan 2013","slug":"kempsey-local-environmental-plan-2013","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"712 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181234,"registerId":"nsw-nsw:epi-2013-0712-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 [Kempsey Local Environmental Plan 2013](/view/html/inforce/current/epi-2013-0712).","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":15},{"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> > RU3 Forestry\n> > \n> > RU4 Primary Production Small Lots\n> > \n> > RU5 Village\n> \n> > Residential Zones\n> \n> > R1 General 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> > Mixed Use Zones\n> \n> > MU1 Mixed Use\n> \n> > Special Purpose Zones\n> \n> > SP2 Infrastructure\n> > \n> > SP3 Tourist\n> \n> > Recreation Zones\n> \n> > RE1 Public Recreation\n> > \n> > RE2 Private Recreation\n> \n> > Conservation Zones\n> \n> > C1 National Parks and Nature Reserves\n> > \n> > C2 Environmental Conservation\n> > \n> > C3 Environmental Management\n> > \n> > C4 Environmental Living\n> \n> > Waterway Zones\n> \n> > W1 Natural Waterways\n> > \n> > W2 Recreational Waterways\n> \n> **cl 2.1:** Am 2017 (487), Sch 1 \\[1\\]; 2022 (828), Sch 1.11\\[1\\].","sortOrder":16},{"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 (523), Sch 1 \\[1\\]–\\[8\\]; 2016 (731), Sch 1 \\[1\\]–\\[8\\]; 2017 (487), Sch 1 \\[2\\]; 2017 (493), Sch 1.1 \\[1\\]; 2018 (488), Sch 1.1 \\[1\\]; 2019 (137), Sch 6 \\[1\\]; 2020 (589), cl 5(1); 2022 (314), Sch 1; 2022 (828), Sch 1.11\\[1A\\] (ins 2023 (82), Sch 1.2\\[4\\]) \\[2\\]; 2023 (458), Sch 2.46.\n\nZone RU1 Primary Production\n\nZone RU2 Rural Landscape\n\nZone RU3 Forestry\n\nZone RU4 Primary Production Small Lots\n\nZone RU5 Village\n\nZone R1 General 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 MU1 Mixed Use\n\nZone SP2 Infrastructure\n\nZone SP3 Tourist\n\nZone RE1 Public Recreation\n\nZone RE2 Private Recreation\n\nZone C1 National Parks and Nature Reserves\n\nZone C2 Environmental Conservation\n\nZone C3 Environmental Management\n\nZone C4 Environmental Living\n\nZone W1 Natural Waterways\n\nZone W2 Recreational Waterways","sortOrder":32},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Agritourism; Air transport facilities; Airstrips; Animal boarding or training establishments; Aquaculture; Boat launching ramps; Boat sheds; Camping grounds; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Correctional centres; Crematoria; Dual occupancies; Dwelling houses; Eco-tourist facilities; Educational establishments; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Freight transport facilities; Group homes; Helipads; Home businesses; Home industries; Hospitals; Industrial training facilities; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Places of public worship; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Signage; Tourist and visitor accommodation; Transport depots; Truck depots; Veterinary hospitals; Water recreation structures; Water supply systems; Wharf or boating facilities","sortOrder":35},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Backpackers’ accommodation; Hotel or motel accommodation; Serviced apartments; Any other development not specified in item 2 or 3","sortOrder":36},{"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":125},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":129},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":145},{"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/kempsey-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> > (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 1.\n> \n> When this Plan was made not all of the zones listed in the table to subclause (2) had land included on the [Land Reservation Acquisition Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/kempsey-local-environmental-plan-2013).\n> \n> Note 2.\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 the 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":146},{"sectionNumber":"Part 6","sectionType":"part","heading":"Urban release areas","content":"# Part 6 Urban release areas\n\nPart 6 Urban release areas","sortOrder":173},{"sectionNumber":"6","sectionType":"section","heading":"Arrangements for designated State public infrastructure","content":"#### 6 Arrangements for designated State public infrastructure\n\n6.1 Arrangements for designated State public infrastructure\n\n> > (1) The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.\n> \n> > (2) Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.\n> \n> > (3) Subclause (2) does not apply to—\n> > \n> > > (a) any lot identified in the certificate as a residue lot, or\n> > \n> > > (b) any lot to be created by a subdivision of land that was the subject of a previous development consent granted in accordance with this clause, or\n> > \n> > > (c) any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or\n> > \n> > > (d) a subdivision for the purpose only of rectifying an encroachment on any existing lot.\n> \n> > (4) This clause does not apply to land in an urban release area if all or any part of the land is in a region within the meaning of the Act, Division 7.1, Subdivision 4.\n> \n> **cl 6.1:** Am 2019 (621), Sch 5\\[5\\]; 2023 (554), Sch 1.","sortOrder":174},{"sectionNumber":"Part 7","sectionType":"part","heading":"Additional local provisions","content":"# Part 7 Additional local provisions\n\nPart 7 Additional local provisions","sortOrder":178},{"sectionNumber":"7","sectionType":"section","heading":"Acid sulfate soils","content":"#### 7 Acid sulfate soils\n\n7.1 Acid sulfate soils\n\n> > (1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.\n> \n> > (2) Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the [Acid Sulfate Soils Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/kempsey-local-environmental-plan-2013) 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, and\n> > \n> > > (b) the works are not likely to lower the watertable.\n> \n> > (7) Despite subclause (2), development consent is not required under this clause for the carrying out of works for the purpose of agriculture if—\n> > \n> > > (a) a production area entitlement is in force in respect of the land when the works are carried out, and\n> > \n> > > (b) the works are carried out in accordance with a drainage management plan, and\n> > \n> > > (c) the works are not carried out in respect of a major drain identified on the [Acid Sulfate Soils Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/kempsey-local-environmental-plan-2013), and\n> > \n> > > (d) the works are not carried out on land in Zone C2 Environmental Conservation or on land identified as “coastal wetlands” on the Coastal Wetlands and Littoral Rainforests Area Map, within the meaning of [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 2.\n> \n> > (8) In this clause—\n> > \n> > drainage management plan means an irrigation and drainage management plan that—\n> > \n> > > (a) is prepared in accordance with the NSW Sugar Industry Best Practice Guidelines for Acid Sulfate Soils (2005), and\n> > \n> > > (b) is endorsed by the Sugar Milling Co-operative as being appropriate for the land.\n> > \n> > NSW Sugar Industry Best Practice Guidelines for Acid Sulfate Soils (2005) means the guidelines approved by the Director-General of the Department of Infrastructure, Planning and Natural Resources on 25 May 2005.\n> > \n> > production area entitlement means a contractual arrangement between the Sugar Milling Co-operative and a grower member of that co-operative for the production of sugar cane for milling.\n> > \n> > Sugar Milling Co-operative means the New South Wales Sugar Milling Co-operative Limited or its successor.\n> > \n> > Note.\n> > \n> > The NSW Sugar Industry Best Practice Guidelines for Acid Sulfate Soils (2005) is available on the Department of Planning and Infrastructure’s website.\n> \n> **cl 7.1:** Am 2018 (106), Sch 2.6; 2022 (72), Sch 1.21; 2022 (828), Sch 1.11\\[9\\].","sortOrder":179},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Additional permitted uses","content":"# Schedule 1 Additional permitted uses\n\nSchedule 1 Additional permitted uses\n\n(Clause 2.5)\n\n**sch 1:** Am 2017 (487), Sch 1 \\[3\\]; 2022 (131), cl 5; 2023 (337), cl 5.","sortOrder":192},{"sectionNumber":"8","sectionType":"section","heading":"Use of certain land at Pacific Highway, South Kempsey","content":"#### 8 Use of certain land at Pacific Highway, South Kempsey\n\n8 Use of certain land at Pacific Highway, South Kempsey\n\n> > (1) This clause applies to land at Pacific Highway, South Kempsey, being Lots 1–3, DP 1077857, Lots 21 and 22, DP 582174, and Lot 1, DP 509061, and land at 425 Pacific Highway, South Kempsey, being Lot 5, DP 556299, and identified as “Item 8” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/kempsey-local-environmental-plan-2013).\n> \n> > (2) Development for the purpose of a caravan park is permitted with development consent.","sortOrder":200},{"sectionNumber":"9","sectionType":"section","heading":"Use of certain land at New Entrance Road, South West Rocks","content":"#### 9 Use of certain land at New Entrance Road, South West Rocks\n\n9 Use of certain land at New Entrance Road, South West Rocks\n\n> > (1) This clause applies to land at New Entrance Road, South West Rocks, being Lot 4, DP 1022342, and identified as “Item 9” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/kempsey-local-environmental-plan-2013).\n> \n> > (2) Development for the purpose of a pub is permitted with development consent.","sortOrder":201},{"sectionNumber":"10","sectionType":"section","heading":"Use of certain land at Phillip Drive, South West Rocks","content":"#### 10 Use of certain land at Phillip Drive, South West Rocks\n\n10 Use of certain land at Phillip Drive, South West Rocks\n\n> > (1) This clause applies to land at Phillip Drive, South West Rocks, being Lot 2, DP 1091323, and identified as “Item 10” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/kempsey-local-environmental-plan-2013).\n> \n> > (2) Development for the purposes of food and drink premises, residential accommodation, shops and tourist and visitor accommodation is permitted with development consent.","sortOrder":202},{"sectionNumber":"11","sectionType":"section","heading":"Use of certain land at Spencers Creek Road and Lindsay Noonan Drive, South West Rocks","content":"#### 11 Use of certain land at Spencers Creek Road and Lindsay Noonan Drive, South West Rocks\n\n11 Use of certain land at Spencers Creek Road and Lindsay Noonan Drive, South West Rocks\n\n> > (1) This clause applies to land at Spencers Creek Road, South West Rocks, being Lots 32 and 97, DP 754396, and Lot 962, DP 1009907, and land at Lindsay Noonan Drive, South West Rocks, being Lot 21, DP 1121766, and identified as “Item 11” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/kempsey-local-environmental-plan-2013).\n> \n> > (2) Development for the purpose of a dwelling house and subdivision is permitted with development consent if the development is carried out on a lot that has an area of not less than 4 hectares.","sortOrder":203},{"sectionNumber":"12","sectionType":"section","heading":"Use of certain land at Cooper Street, Spencerville","content":"#### 12 Use of certain land at Cooper Street, Spencerville\n\n12 Use of certain land at Cooper Street, Spencerville\n\n> > (1) This clause applies to land at Cooper Street, Spencerville, being Lot 2, DP 102209, and identified as “Item 12” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/kempsey-local-environmental-plan-2013).\n> \n> > (2) Development for the purpose of an information and education facility is permitted with development consent.","sortOrder":204},{"sectionNumber":"13","sectionType":"section","heading":"Use of certain land at Cochrane Street, West Kempsey","content":"#### 13 Use of certain land at Cochrane Street, West Kempsey\n\n13 Use of certain land at Cochrane Street, West Kempsey\n\n> > (1) This clause applies to land at Cochrane Street, West Kempsey, being Lot 1, DP 560806, and identified as “Item 13” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/kempsey-local-environmental-plan-2013).\n> \n> > (2) Development for the purpose of a dwelling house is permitted with development consent.","sortOrder":205},{"sectionNumber":"14","sectionType":"section","heading":"Use of certain land at Cochrane Street, West Kempsey","content":"#### 14 Use of certain land at Cochrane Street, West Kempsey\n\n14 Use of certain land at Cochrane Street, West Kempsey\n\n> > (1) This clause applies to land at Cochrane Street, West Kempsey, being Lot 104, DP 807723, and identified as “Item 14” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/kempsey-local-environmental-plan-2013).\n> \n> > (2) Development for the purpose of self-storage units is permitted with development consent.","sortOrder":206},{"sectionNumber":"15","sectionType":"section","heading":"Use of certain land at Macleay Valley Way, South Kempsey","content":"#### 15 Use of certain land at Macleay Valley Way, South Kempsey\n\n15 Use of certain land at Macleay Valley Way, South Kempsey\n\n> > (1) This clause applies to Lot 200, DP 1177619, 600 Macleay Valley Way, South Kempsey, identified as “15” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/kempsey-local-environmental-plan-2013).\n> \n> > (2) Development for the purposes of highway service centres is permitted with development consent.","sortOrder":207},{"sectionNumber":"16","sectionType":"section","heading":"Use of certain land at Kempsey Airport, Aldavilla","content":"#### 16 Use of certain land at Kempsey Airport, Aldavilla\n\n16 Use of certain land at Kempsey Airport, Aldavilla\n\n> > (1) This clause applies to part of Lots 1 and 2, DP 1144474, 20 Airport Road, Aldavilla, identified as “16” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/kempsey-local-environmental-plan-2013).\n> \n> > (2) Development for the following purposes is permitted with development consent—\n> > \n> > > (a) backpackers’ accommodation,\n> > \n> > > (b) hotel or motel accommodation,\n> > \n> > > (c) recreation facilities (indoor),\n> > \n> > > (d) serviced apartments.","sortOrder":208},{"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 2017 (726), Sch 2.3; Am 2022 (828), Sch 1.11\\[14\\]–\\[17\\].","sortOrder":209},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Bee keeping in Zone RU5, Zone R5, Zone SP3, Zone RE1, Zone RE2, Zone C2, Zone C3 and Zone C4","content":"#### sch.2-sec Bee keeping in Zone RU5, Zone R5, Zone SP3, Zone RE1, Zone RE2, Zone C2, Zone C3 and Zone C4\n\nBee keeping in Zone RU5, Zone R5, Zone SP3, Zone RE1, Zone RE2, Zone C2, Zone C3 and Zone C4\n\n> > (1) Maximum number of hives per lot—2.\n> \n> > (2) Hives must be located more than 15 metres from the nearest dwelling.\n> \n> > (3) Hives must be located more than 50 metres from any school, hospital, centre-based child care facility or public facility.\n> \n> > (4) Hives must be owned by a person registered under the [Apiaries Act 1985](/view/html/repealed/current/act-1985-016).\n> \n> > (5) A docile strain of bees must be kept in all hives.\n> \n> > (6) Water must be provided for the bees on the property on which the hives are located.\n> \n> > (7) Bee hives must not be located in the front yard on land in Zone RU5 Village or Zone R5 Large Lot Residential.","sortOrder":210},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Cemeteries or burial grounds in rural zones and Zone R5","content":"#### sch.2-sec-oc.2 Cemeteries or burial grounds in rural zones and Zone R5\n\nCemeteries or burial grounds in rural zones and Zone R5\n\n> > (1) Must be on private property with no more than 4 human graves.\n> \n> > (2) Must only be—\n> > \n> > > (a) the creation of a new grave or monument, or\n> > \n> > > (b) an excavation or disturbance of land for the purpose of carrying out the conservation or repair of a monument or grave marker.\n> \n> > (3) Must not disturb human remains, relics in the form of grave goods or an Aboriginal place of heritage significance.","sortOrder":211},{"sectionNumber":"sch.2-sec-oc.3","sectionType":"section","heading":"Signage","content":"#### sch.2-sec-oc.3 Signage\n\nSignage\n\n> > (1) A business identification sign in rural, residential, recreation or conservation zones must comply with the following—\n> > \n> > > (a) only 1 sign per premises,\n> > \n> > > (b) maximum size—0.75m2,\n> > \n> > > (c) entirely within the property,\n> > \n> > > (d) maximum height—3m,\n> > \n> > > (e) must not be affixed to a heritage item.\n> \n> > (2) A real estate sign (advertising premises or land for sale or rent by private treaty) in a rural or residential zone must comply with the following—\n> > \n> > > (a) only 1 sign per premises (unless the premises has frontage to 2 roads and the signs are placed such that they are not visible together in the one field of view),\n> > \n> > > (b) maximum size—\n> > > \n> > > > (i) for a single dwelling house—2.5m2, or\n> > > \n> > > > (ii) for a multi dwelling housing of less than 10 dwellings—5m2, or\n> > > \n> > > > (iii) for a multi dwelling housing of 10 or more dwellings—10m2, or\n> > > \n> > > > (iv) for a rural property—10m2, or\n> > > \n> > > > (v) for a subdivision of less than 20 lots—10m2, or\n> > > \n> > > > (vi) for a subdivision of 20 to 50 lots—15m2, or\n> > > \n> > > > (vii) for a s subdivision of more than 50 lots—20m2,\n> > \n> > > (c) must not be erected until development approval is granted,\n> > \n> > > (d) must be removed within 10 days of the sale of the property, or in the case of subdivisions, when 90% of lots are sold,\n> > \n> > > (e) must be located on the property it is advertising,\n> > \n> > > (f) if larger than 15m2, must be at least 6m from the nearest road alignment,\n> > \n> > > (g) must not be animated, illuminated or distracting to passing traffic,\n> > \n> > > (h) maximum height—8m,\n> > \n> > > (i) must not be affixed to a heritage item.\n> \n> > (3) A real estate sign (advertising premises or land for sale or rent by auction) in a rural or residential zone must comply with the following—\n> > \n> > > (a) only 1 sign per premises,\n> > \n> > > (b) maximum size—1.83m in length and 1.20m in height, with returns not exceeding 180mm,\n> > \n> > > (c) must contain only the word “Auction” on the surfaces of its return,\n> > \n> > > (d) must be removed within 10 days of the sale or letting,\n> > \n> > > (e) must not be affixed to a heritage item.\n> \n> > (4) A real estate sign (advertising premises or land for sale or rent by private treaty or auction) in employment and mixed use zones must comply with the following—\n> > \n> > > (a) only 1 sign per premises (unless the premises has frontage to 2 roads and the signs are placed such that they are not visible together in the one field of view),\n> > \n> > > (b) maximum size—\n> > > \n> > > > (i) for a commercial or industrial building—5m2, or\n> > > \n> > > > (ii) for a commercial or industrial property—10m2, or\n> > > \n> > > > (iii) for a subdivision of less than 20 lots—10m2, or\n> > > \n> > > > (iv) for a subdivision of 20 to 50 lots—15m2, or\n> > > \n> > > > (v) for a subdivision of more than 50 lots—20m2,\n> > \n> > > (c) must not be erected until development approval (if required) is granted,\n> > \n> > > (d) must be removed within 14 days of the sale of the property, or in the case of subdivision, when 90% of the lots are sold or within 5 years, whichever is shorter,\n> > \n> > > (e) must be located on the property it is advertising,\n> > \n> > > (f) if larger than 15m2, must be at least 6m from the nearest road alignment,\n> > \n> > > (g) must not be animated, illuminated or distracting to passing traffic,\n> > \n> > > (h) maximum height—8m,\n> > \n> > > (i) must not be affixed to a heritage item.\n> \n> > (5) Any other outdoor sign must comply with the following—\n> > \n> > > (a) must not visible from outside the boundaries of that site,\n> > \n> > > (b) must not be illuminated,\n> > \n> > > (c) maximum area—0.75m2,\n> > \n> > > (d) maximum height—3m above the ground,\n> > \n> > > (e) must contain 1 or more of the following—\n> > > \n> > > > (i) only a reference to the identity or a description of the place or premises to which it is affixed,\n> > > \n> > > > (ii) only a reference to the identity or a description of any person residing or carrying on an occupation at the place or premises to which it is affixed,\n> > > \n> > > > (iii) only particulars of any occupation carried on at the place or premises to which it is affixed,\n> > > \n> > > > (iv) only such directions or cautions as are usual or necessary relating to the place or premises or any occupation carried on at the place or premises to which it is affixed,\n> > > \n> > > > (v) only particulars of notifications required or permitted to be displayed by or under any Act (including any Commonwealth Act) at the place or premises to which it is affixed,\n> > > \n> > > > (vi) only particulars relating to the goods, commodities or services dealt with or provided at the place or premises to which it is affixed,\n> > > \n> > > > (vii) only particulars of any activities held or to be held at the place or premises to which it is affixed,\n> > > \n> > > > (viii) only a reference to any affiliation with a trade, professional or other association relevant to the business conducted on the place or premises to which it is affixed,\n> > \n> > > (f) if an “A frame” sign or a “sandwich board” sign—must be located on the footpath in an employment or mixed use zone,\n> > \n> > > (g) must not be located in a shop, office or other business premises that is in a heritage conservation area,\n> > \n> > > (h) must not be affixed to a heritage item.","sortOrder":212},{"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":213},{"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":216},{"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 2016 (354), cl 4.","sortOrder":217},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Environmental heritage","content":"# Schedule 5 Environmental heritage\n\nSchedule 5 Environmental heritage\n\n(Clause 5.10)","sortOrder":221},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Pond-based and tank-based aquaculture","content":"# Schedule 6 Pond-based and tank-based aquaculture\n\nSchedule 6 Pond-based and tank-based aquaculture\n\n(Clause 5.19)","sortOrder":224},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":226},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":228}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The plan's scope has evolved significantly from its original 2013 form. With over 50 amendments across 12 years, the rules covering land uses, development standards, and permitted activities have been progressively expanded and modified — likely reflecting urban growth pressures, state government policy changes, flood and environmental events (such as the 2022 Kempsey floods), and shifting community priorities. The core purpose (land use planning for Kempsey) remains the same, but the specific rules governing what can be done where have changed considerably from the original instrument."},"complexity_factors":["Over 50 amendments since 2013 — the plan has changed frequently, making it difficult to know which rules applied at any given point in time without checking historical versions","Standard instrument LEP format incorporates layered references to the parent Environmental Planning and Assessment Act 1979 and related state-level policies, requiring cross-referencing of multiple documents","Land use zoning tables — LEPs typically contain detailed zone-by-zone tables specifying permitted, prohibited, and consent-required land uses, which require careful interpretation","Area-specific maps are integral to the plan (zoning maps, flood maps, heritage maps, etc.) but are not fully readable from the text alone","Numerous site-specific and locality-specific provisions layered on top of the standard instrument template","Interaction with state environmental planning policies (SEPPs) that can override or modify LEP provisions, adding another layer of complexity","Heritage, biodiversity, and flood risk provisions introduce technical assessments that require specialist expertise to navigate"],"plain_english_summary":"The Kempsey Local Environmental Plan 2013 is the legally binding planning rulebook for the Kempsey local government area, setting what landowners, developers, businesses and farmers can and can’t do with land and buildings. It’s a standard-instrument LEP under the Environmental Planning and Assessment Act 1979, has been amended over 50 times, and is the primary document the Council uses to assess development approvals — always check the current version (in force 19 Sept 2025)."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Plan’s practical scope has been extended incrementally by later amendments that add bespoke local controls and technical overlays. Examples in the instrument show additions and substitutions: minimum subdivision rules for community title schemes (cl 4.1AA, am 2022), special flood considerations (cl 5.22, subst 2023), and a 2024 design‑excellence clause for South West Rocks (cl 7.12, ins 2024). Savings and transitional provisions (cl 1.8A) also record that later amendments affect treatment of existing development applications, so current application of the Plan departs from the original 2013 text in named respects."},"complexity_factors":["Multiple zone types and an extensive Land Use Table allocating permitted/consent/prohibited uses across many zones (cls 2.1–2.3)","Heavy reliance on maps and spatial layers (Height, FSR, Lot Size, Heritage, Koala, Acid Sulfate, Scenic Protection) that determine standards in practice (cl 1.7; cl 4.3; cl 4.4; cl 4.1)","Numerous site‑specific additional permitted uses and schedules creating exceptions to zone rules (Schedule 1)","Cross‑references and subordinate dependence on State Environmental Planning Policies and external technical guidelines (cl 1.9; flood and BASIX references in cl 4.6 and cl 5.21)","Technical overlay standards with prescriptive management requirements (acid sulfate soils cl 7.1; pond/tank aquaculture cl 5.19; karst cl 7.5; koala management cl 7.4)","Discretionary exceptions and recordkeeping obligations for contravening development standards (exceptions cl 4.6 requires demonstration and consent authority assessment)","Multiple exempt and complying development pathways with conditions and exclusions (Part 3; Schedules 2–3), including environmentally sensitive area exclusions (cl 3.3)","Frequent amendment history and site‑specific inserts that increase interpretive complexity (see amendment notes across many clauses)"],"plain_english_summary":"This local environmental plan sets the legal rules for land use across the Kempsey local government area: it maps zones, lists what uses are permitted, requires development consent for many activities, and fixes key development standards such as minimum lot sizes, building heights and floor‑space ratios. It also creates local overlays and special controls (heritage, flood, koala habitat, karst, aquaculture) that trigger additional consent or conditions. The immediate parties affected are landowners, developers (who pay consent and compliance costs) and the Council as consent authority, which decides and exercises discretion on many matters."},"kimi_summary":{"_metrics":{"completionTokens":707},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a comprehensive local environmental planning instrument. While it has been amended multiple times (as evidenced by amendment notes throughout), these amendments appear to be refinements and updates rather than scope expansion. The core structure covering zoning, development standards, heritage, and environmental protection remains intact."},"complexity_factors":["22 distinct land use zones with detailed permitted/prohibited use tables","Multiple overlay maps referenced throughout (Land Zoning, Lot Size, Height, Floor Space Ratio, Heritage, Acid Sulfate Soils, Koala Habitat, Scenic Protection, etc.)","Extensive cross-referencing to State Environmental Planning Policies (SEPPs) and other legislation","Nested exceptions and savings provisions (clauses 1.8A, 4.1–4.2C, 4.6)","Detailed conditional requirements for specific land uses (eco-tourism, intensive livestock, aquaculture, rural workers' dwellings)","Heritage provisions with multiple notification and assessment triggers","Flood planning clauses requiring climate change consideration","Schedule-based additional permitted uses and exempt development with technical standards","Amendment history showing ongoing evolution (multiple amending instruments referenced)"],"plain_english_summary":"This is the **Kempsey Local Environmental Plan 2013**, a planning rulebook that controls what can be built and how land can be used across the Kempsey Shire on the NSW Mid North Coast.\n\n**What it does:**\n- **Zones the land** into 22 different categories — from rural farming areas (RU1–RU4) and residential zones (R1, R3, R5) to commercial centres (E1–E4), industrial areas, conservation zones (C1–C4), and waterways (W1–W2). Each zone has its own rules about what development is allowed, requires approval, or is banned.\n- **Sets minimum lot sizes** for subdivisions, with special rules to prevent rural land fragmentation and protect agricultural viability.\n- **Controls building heights and density** through maps that specify maximum heights and floor space ratios.\n- **Protects heritage** — it lists over 100 heritage items (buildings, cemeteries, lighthouses, gaols) and two heritage conservation areas in Bellbrook and Gladstone.\n- **Protects the environment** — including koala habitat, karst (limestone) areas, scenic landscapes, flood-prone land, and acid sulfate soils.\n- **Regulates specific activities** — from intensive livestock farming and aquaculture to music venues, eco-tourism, and rural land-sharing communities.\n- **Provides exempt and complying development pathways** — allowing some minor works (like beekeeping, certain signs, home businesses) without full development approval.\n\n**Who it affects:**\n- Property owners, farmers, developers, and businesses in Kempsey Shire\n- The local council (Kempsey Shire Council), which assesses most development applications\n- State agencies responsible for infrastructure, heritage, and environmental protection\n\n**Why it matters:**\nThe Plan balances economic development with environmental protection. It aims to keep Kempsey's rural character intact while allowing appropriate housing and business growth, protect the Macleay River catchment and coastal areas, preserve Aboriginal and European heritage, and manage natural hazards like flooding and bushfire."}},"importantCases":[],"_links":{"self":"/api/acts/kempsey-local-environmental-plan-2013","history":"/api/acts/kempsey-local-environmental-plan-2013/history","analysis":"/api/acts/kempsey-local-environmental-plan-2013/analysis","conflicts":"/api/acts/kempsey-local-environmental-plan-2013/conflicts","importantCases":"/api/acts/kempsey-local-environmental-plan-2013/important-cases","documents":"/api/acts/kempsey-local-environmental-plan-2013/documents"}}