{"id":"nsw:epi-2014-0824","name":"Lithgow Local Environmental Plan 2014","slug":"lithgow-local-environmental-plan-2014","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"824 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181200,"registerId":"nsw-nsw:epi-2014-0824-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 [Lithgow Local Environmental Plan 2014](/view/html/inforce/current/epi-2014-0824).","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> > RU3 Forestry\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> > E1 Local Centre\n> > \n> > E3 Productivity Support\n> > \n> > E4 General Industrial\n> > \n> > E5 Heavy Industrial\n> \n> > Mixed Use Zones\n> \n> > MU1 Mixed Use\n> \n> > Special Purpose Zones\n> \n> > SP2 Infrastructure\n> \n> > Recreation Zones\n> \n> > RE1 Public Recreation\n> > \n> > RE2 Private Recreation\n> \n> > Conservation Zones\n> \n> > C1 National Parks and Nature Reserves\n> > \n> > C3 Environmental Management\n> > \n> > C4 Environmental Living\n> \n> **cl 2.1:** Am 2022 (829), Sch 1.13\\[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\\]; 2018 No 68, Sch 2.19; 2019 (137), Sch 6 \\[1\\]; 2019 (621), Sch 3; 2022 (314), Sch 1; 2022 (829), Sch 1.13\\[2\\]; 2023 (458), Sch 2.53.\n\nZone RU1 Primary Production\n\nZone RU2 Rural Landscape\n\nZone RU3 Forestry\n\nZone RU5 Village\n\nZone R1 General Residential\n\nZone R2 Low Density Residential\n\nZone R5 Large Lot Residential\n\nZone E1 Local Centre\n\nZone E3 Productivity Support\n\nZone E4 General Industrial\n\nZone E5 Heavy Industrial\n\nZone MU1 Mixed Use\n\nZone SP2 Infrastructure\n\nZone RE1 Public Recreation\n\nZone RE2 Private Recreation\n\nZone C1 National Parks and Nature Reserves\n\nZone C3 Environmental Management\n\nZone C4 Environmental Living","sortOrder":30},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Agritourism; Air transport facilities; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat building and repair facilities; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Crematoria; Dual occupancies; Dwelling houses; Eco-tourist facilities; Educational establishments; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home-based child care; Home businesses; Home industries; Industrial training facilities; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Landscaping material supplies; Markets; Open cut mining; Plant nurseries; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Roadside stalls; Rural industries; Rural supplies; Secondary dwellings; Service stations; Transport depots; Truck depots; Veterinary hospitals; Water recreation structures; Water supply systems","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":103},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":107},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":120},{"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/lithgow-local-environmental-plan-2014) (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":121},{"sectionNumber":"Part 6","sectionType":"part","heading":"Urban release areas","content":"# Part 6 Urban release areas\n\nPart 6 Urban release areas","sortOrder":147},{"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":148},{"sectionNumber":"Part 7","sectionType":"part","heading":"Additional local provisions","content":"# Part 7 Additional local provisions\n\nPart 7 Additional local provisions","sortOrder":152},{"sectionNumber":"7","sectionType":"section","heading":"Earthworks","content":"#### 7 Earthworks\n\n7.1 Earthworks\n\n> > (1) The objective of this clause is to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.\n> \n> > (2) Development consent is required for earthworks unless—\n> > \n> > > (a) the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or\n> > \n> > > (b) the earthworks are ancillary to development that is permitted without consent under this Plan or to development for which development consent has been given.\n> \n> > (3) 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, or both,\n> > \n> > > (d) the effect of the development on the existing and likely amenity of adjoining properties,\n> > \n> > > (e) the source of any fill material and the destination of any excavated material,\n> > \n> > > (f) the likelihood of disturbing relics,\n> > \n> > > (g) the proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area,\n> > \n> > > (h) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development,\n> > \n> > > (i) the proximity to, and potential for adverse impacts on, any heritage item, archaeological site or heritage conservation area.\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":153},{"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 2015 (691), cl 5 (1); 2021 (541), cl 5(1); 2022 (156), Sch 1\\[4\\]; 2022 (179), cl 5; 2022 (829), Sch 1.13\\[11\\] \\[12\\].","sortOrder":167},{"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":173},{"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":174},{"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":177},{"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":178},{"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 2015 No 15, Sch 2.31; 2015 (691), cl 5 (2)–(4).","sortOrder":182},{"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":186},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":188},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":190},{"sectionNumber":"8","sectionType":"section","heading":"Flood liability","content":"#### 8 Flood liability\n\n8 Flood liability\n\n> Must be designed or constructed on land so that it will not be inundated by the discharge of a 1:100 ARI (average recurrent interval) flood event.","sortOrder":199},{"sectionNumber":"9","sectionType":"section","heading":"Species selection","content":"#### 9 Species selection\n\n9 Species selection\n\n> Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).","sortOrder":201},{"sectionNumber":"10","sectionType":"section","heading":"Pond design","content":"#### 10 Pond design\n\n10 Pond design\n\n> > (1) Must not require the construction of new ponds, water storages, dams or buildings.\n> \n> > (2) Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.\n> \n> > (3) Must be capable of preventing the escape of stock into natural waterbodies or wetlands.","sortOrder":202},{"sectionNumber":"11","sectionType":"section","heading":"Culture water","content":"#### 11 Culture water\n\n11 Culture water\n\n> Must use freshwater.","sortOrder":203}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Plan replaces earlier local environmental plans and deemed instruments for the same land (cl.1.8) and redefines zoning, overlays and mapped controls (cl.1.3, 2.2). A savings provision keeps pre‑commencement development applications subject to prior rules (cl.1.8A), so legal effect and application scope changed compared with the repealed instruments while preserving some transitional treatment for existing applications."},"complexity_factors":["Large zoning matrix with detailed permitted/consent/prohibited lists across many zones (cl.2.1–2.3; Land Use Table).","Multiple overlay maps and spatial controls (Land Application, Land Zoning, Lot Size, Heritage, Environmentally Sensitive Areas—see cl.1.3, 1.7, 2.2 and map references).","Layering of development pathways: exempt, complying and development consent with differing tests and conditions (Part 3, cl.3.1–3.3; Schedule 2–3).","Extensive subdivision and minimum lot-size rules with special cases (cl.4.1, 4.1AA, 4.1A, 4.1B, 4.2, 4.2A–C) increasing site‑specific complexity.","Broad environmental and heritage assessment requirements and notification obligations (heritage: cl.5.10, Sched 5; biodiversity, riparian, groundwater and sensitive lands: Part 7 clauses 7.3–7.8, 7.4–7.6).","Cross-references to multiple State instruments and other Acts that alter operation and applicability (cl.1.9, cl.1.9A and numerous notes linking Fisheries, Heritage, Local Government, Biodiversity and Building codes).","Discretion and record-keeping obligations where standards are varied (exceptions to standards, cl.4.6; requirement to record assessments).","Detailed operational controls for specialised industries (aquaculture: cl.5.19 and Schedule 6; intensive livestock: cl.5.18) with site-location and operational thresholds.","Specific local schedules and maps that list individual lots, public land classifications and heritage items—high administrative load for implementation (Schedules 1–6; Schedule 4 & 5).","Multiple amendment notes and repeals in text indicate evolving boundaries and transitional rules that require careful tracking (see amendment notes throughout, e.g. cl.1.8, cl.1.8A)."],"plain_english_summary":"This local environmental plan sets planning rules for land in Lithgow: it maps zones, lists permitted development, requires council consent for subdivision and demolition, and identifies exempt and complying development (see cl.1.3, 1.6, 2.6, Part 3).  The Plan states aims such as protecting primary production, heritage and biodiversity and imposes controls on lot sizes, aquaculture, flood risk, temporary uses and music at licensed venues; applicants bear compliance costs, the council decides consents, and some flexibility exists through exceptions and schedules (see cl.1.2, 4.1, 5.19, 5.21, 5.20, 4.6)."},"kimi_summary":{"_metrics":{"completionTokens":588},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"This appears to be the standard form of a NSW local environmental plan under the standard instrument template. The scope remains consistent with the original intent of providing comprehensive land use planning for the Lithgow local government area, covering zoning, development standards, heritage protection, and environmental safeguards. No significant scope creep is evident — the instrument follows the expected structure and content for its type."},"complexity_factors":["Multiple overlapping zone categories (17 zones) with detailed land use tables","Extensive cross-referencing to maps (Lot Size Map, Land Zoning Map, Heritage Map, multiple overlay maps)","Nested exceptions and savings provisions (clauses 4.2A, 4.2B, 4.2C with multiple sub-conditions)","Detailed heritage provisions with multiple approval pathways and notification requirements","Multiple amendment references showing evolving instrument (e.g., cl 4.1B amended 2022, cl 5.9 inserted 2021)","Schedule-based structure with Parts, Divisions, and extensive tabular data (Schedule 5 has 400+ heritage items)","Conditional logic for exempt and complying development with multiple threshold tests"],"plain_english_summary":"This is the **Lithgow Local Environmental Plan 2014**, a planning rulebook that controls what can be built and done on land in the Lithgow area of New South Wales.\n\n**What it does:**\n- **Zones land** into categories like rural (farming, forestry), residential (housing), employment (shops, factories), and conservation (parks, protected areas). Each zone has rules about what development is allowed, needs approval, or is banned.\n- **Sets minimum lot sizes** for subdividing land, especially in rural areas, to stop farmland from being chopped up into tiny blocks.\n- **Protects heritage** — there are hundreds of listed heritage buildings, archaeological sites, and conservation areas that need special approval to alter or demolish.\n- **Controls development near sensitive areas** like waterways, bushland, and groundwater sources to protect the environment.\n- **Allows some small developments without approval** (exempt development) and fast-tracks others that meet set standards (complying development).\n- **Includes special rules** for things like farm stay accommodation, intensive farming, flood-prone land, and music venues.\n\n**Who it affects:**\n- Property owners, farmers, and developers wanting to build or subdivide\n- Businesses setting up in Lithgow\n- Anyone buying land — the zoning determines what you can do with it\n\n**Why it matters:**\nIt balances growth with protecting Lithgow's rural character, natural environment, and heritage. It aims to stop unsustainable sprawl, preserve productive farmland, and manage risks like flooding and bushfire."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The plan has been amended over 45 times since its original commencement in December 2014, strongly suggesting its scope has evolved from the original instrument. LEPs of this vintage in NSW have commonly been amended to incorporate state housing policy changes, update heritage listings, rezone specific parcels of land, and align with new state environmental planning policies. The frequency and regularity of amendments (sometimes multiple times within a single month) indicates ongoing, substantive changes rather than minor technical corrections."},"complexity_factors":["Extensive amendment history — over 45 separate versions since 2014, meaning the current rules may differ substantially from the original plan and tracking changes is difficult","Standard instrument LEP format incorporates by reference a large body of external NSW government policy, templates, and state environmental planning policies (SEPPs) that interact with the local rules","Land zoning system requires cross-referencing multiple maps and tables to determine what is permitted on any specific property","Dual consent system — some activities require development consent, others are permitted outright, others are prohibited — and this varies by zone","Heritage, flood, bushfire, and other overlay provisions add additional layers of rules on top of base zoning","Only the status/timeline metadata is provided here — the actual substantive content of the plan (zoning maps, land use tables, development standards) is not shown, making full analysis impossible","Interplay with state-level planning instruments (SEPPs) that can override or modify local rules creates complexity that isn't visible in the LEP itself","Frequent amendments mean property owners must check the current version carefully, as rights and restrictions may have changed multiple times"],"plain_english_summary":"The Lithgow Local Environmental Plan 2014 is the legally binding planning rulebook for the Lithgow local government area, setting zoning and development rules that determine what can be built or done on any parcel of land.  \n\nIt directly affects homeowners, renters, developers, businesses, farmers and heritage owners — anyone proposing development or land use changes — because it decides allowed uses, when council consent is required, and what is legally possible on a property."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/lithgow-local-environmental-plan-2014","history":"/api/acts/lithgow-local-environmental-plan-2014/history","analysis":"/api/acts/lithgow-local-environmental-plan-2014/analysis","conflicts":"/api/acts/lithgow-local-environmental-plan-2014/conflicts","importantCases":"/api/acts/lithgow-local-environmental-plan-2014/important-cases","documents":"/api/acts/lithgow-local-environmental-plan-2014/documents"}}