{"id":"nsw:epi-2011-0646","name":"Moree Plains Local Environmental Plan 2011","slug":"moree-plains-local-environmental-plan-2011","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"646 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181477,"registerId":"nsw-nsw:epi-2011-0646-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 [Moree Plains Local Environmental Plan 2011](/view/html/inforce/current/epi-2011-0646).","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> > E1 Local Centre\n> > \n> > E2 Commercial Centre\n> > \n> > E3 Productivity Support\n> > \n> > E4 General Industrial\n> > \n> > E5 Heavy Industrial\n> \n> > Special Purpose Zones\n> \n> > SP1 Special Activities\n> > \n> > SP2 Infrastructure\n> \n> > Recreation Zones\n> \n> > RE1 Public Recreation\n> > \n> > RE2 Private Recreation\n> \n> > Conservation Zones\n> \n> > C1 National Parks and Nature Reserves\n> > \n> > C3 Environmental Management\n> > \n> > C4 Environmental Living\n> \n> **cl 2.1:** Am 2022 (830), Sch 1.16\\[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 2015 (53), Sch 1 \\[1\\]–\\[3\\]; 2016 (168), Sch 1 \\[2\\]; 2017 (493), Sch 1.1 \\[1\\] \\[2\\]; 2018 (455), Sch 1 \\[1\\]–\\[4\\]; 2018 (488), Sch 1.1 \\[1\\]; 2019 (137), Sch 6 \\[1\\]; 2022 (314), Sch 1; 2022 (830), Sch 1.16\\[2\\].\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 E1 Local Centre\n\nZone E2 Commercial Centre\n\nZone E3 Productivity Support\n\nZone E4 General Industrial\n\nZone E5 Heavy Industrial\n\nZone SP1 Special Activities\n\nZone SP2 Infrastructure\n\nZone RE1 Public Recreation\n\nZone RE2 Private Recreation\n\nZone C1 National Parks and Nature Reserves\n\nZone 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> Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Aquaculture; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Correctional centres; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Educational establishments; Environmental facilities; Extractive industries; Flood mitigation works; Freight transport facilities; Funeral homes; Heavy industrial storage establishments; Heavy industries; Helipads; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Information and education facilities; Intensive livestock agriculture; Jetties; Kiosks; Landscaping material supplies; Marinas; Markets; Mooring pens; Moorings; Mortuaries; Neighbourhood shops; Open cut mining; Passenger transport facilities; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Service stations; Sewerage systems; Sex services premises; Signage; Tourist and visitor accommodation; Transport depots; Truck depots; Turf farming; Veterinary hospitals; Warehouse or distribution centres; Water recreation structures; Water supply systems; 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; Centre-based child care facilities; Commercial premises; Entertainment facilities; Exhibition homes; Exhibition villages; Function centres; Health services facilities; Highway service centres; Industries; Local distribution premises; Registered clubs; Residential accommodation; Restricted premises; Storage premises; Vehicle body repair workshops; Vehicle repair stations; 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":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":121},{"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/moree-plains-local-environmental-plan-2011) (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":122},{"sectionNumber":"Part 6","sectionType":"part","heading":"Urban release areas","content":"# Part 6 Urban release areas\n\nPart 6 Urban release areas","sortOrder":148},{"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 on 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":149},{"sectionNumber":"Part 7","sectionType":"part","heading":"Additional local provisions","content":"# Part 7 Additional local provisions\n\nPart 7 Additional local provisions","sortOrder":153},{"sectionNumber":"7","sectionType":"section","heading":"Earthworks","content":"#### 7 Earthworks\n\n7.1 Earthworks\n\n> > (1) The objectives of this clause are as follows—\n> > \n> > > (a) 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> > > (b) to allow earthworks of a minor nature without requiring separate development consent.\n> \n> > (2) Development consent is required for earthworks unless—\n> > \n> > > (a) the work is exempt development under this Plan or another applicable environmental planning instrument, or\n> > \n> > > (b) the work is ancillary to other development for which development consent has been given.\n> \n> > (3) Before granting development consent for earthworks, the consent authority must consider the following matters—\n> > \n> > > (a) the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality,\n> > \n> > > (b) the effect of the proposed 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 proposed 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 watercourse, drinking water catchment or environmentally sensitive 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 disturbing or excavating land and Aboriginal objects.","sortOrder":154},{"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 2019 (228), cl 4.","sortOrder":164},{"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 2.5; 2022 (830), Sch 1.16\\[6\\]–\\[9\\]; 2023 (609), Sch 1.16.","sortOrder":168},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Signage","content":"#### sch.2-sec Signage\n\nSignage\n\n> > (1) In all cases, signs must not—\n> > \n> > > (a) cover mechanical ventilation inlet or outlet vents, or\n> > \n> > > (b) be situated on an item listed in Schedule 5.\n> > \n> > > (c) (Repealed)\n> \n> > (2) Business identification signs or building identification signs must comply with the following—\n> > \n> > > (a) Maximum area—1m2.\n> > \n> > > (b) Only 1 per property.\n> > \n> > > (c) Must be secure and stable.\n> \n> > (3) A-frame signs on private land must comply with the following—\n> > \n> > > (a) Only 1 per property.\n> > \n> > > (b) Must be on land within an employment zone.\n> > \n> > > (c) Must be related to the existing lawful use of the land.\n> > \n> > > (d) Must not involve any live or recorded entertainment, including music, broadcast programs, flashing lights and the like.\n> > \n> > > (e) Must not obstruct access to the land or to any adjacent land.\n> > \n> > > (f) Maximum display area (on each side)—0.5m2.\n> > \n> > > (g) Must be secure and stable.\n> > \n> > > (h) Must not involve construction work.\n> > \n> > > (i) Must be temporary and must be removed at the close of business each day.\n> \n> > (4) Change of message on existing sign must comply with the following—\n> > \n> > > (a) Development consent for the sign must have been previously granted by the consent authority or the sign must have been erected as exempt development.\n> > \n> > > (b) Must not change signage illumination.\n> > \n> > > (c) New message must comply with any content requirements of any existing development consent.\n> > \n> > > (d) Must not change sign dimensions.\n> \n> > (5) Fascia signs must comply with the following—\n> > \n> > > (a) Must be attached to an existing fascia and fixed flush with the fascia.\n> > \n> > > (b) Must not extend above or below the fascia or return end of the awning.\n> > \n> > > (c) Must not be illuminated.\n> > \n> > > (d) Only 1 per property.\n> \n> > (6) Flush wall signs must comply with the following—\n> > \n> > > (a) Maximum area—2.5m2.\n> > \n> > > (b) Must be securely fixed to an existing wall.\n> > \n> > > (c) Maximum height—3.5m above ground level (existing).\n> > \n> > > (d) Must not be illuminated.\n> > \n> > > (e) Only 1 per property in Zone R1 General Residential and Zone RU5 Village.\n> > \n> > > (f) Maximum of 2 per property in all other zones.\n> > \n> > > (g) Must only identify the subject premises or describe the subject premises, activities or professional affiliations of the occupation conducted in the building to which the sign is attached.\n> \n> > (7) Pole or pylon advertising signs must comply with the following—\n> > \n> > > (a) Maximum height—6m.\n> > \n> > > (b) Maximum area of advertising panel (per side)—2.5m2.\n> > \n> > > (c) Only 1 per property.\n> > \n> > > (d) Must only be installed on land in Zone E4 or E5.\n> > \n> > > (e) Must be built in accordance with engineer’s certification for the structure and footings.\n> > \n> > > (f) Must be located clear of any sewer main or stormwater main by a minimum distance of 1m from the main centreline or the equivalent invert depth of the main, whichever is the greater.\n> > \n> > > (g) Must not encroach on any registered easement.\n> \n> > (8) Real estate signs must comply with the following—\n> > \n> > > (a) Maximum area (per side)—\n> > > \n> > > > (i) single dwelling house—2.5m2, or\n> > > \n> > > > (ii) multi dwelling housing of less than 10 dwelling houses—5m2, or\n> > > \n> > > > (iii) multi dwelling housing of 10 or more dwelling houses—10m2, or\n> > > \n> > > > (iv) commercial premises—5m2, or\n> > > \n> > > > (v) rural property—10m2, or\n> > > \n> > > > (vi) subdivision of less than 20 lots—10m2, or\n> > > \n> > > > (vii) subdivision of 20 lots or more—15m2.\n> > \n> > > (b) If the sign relates to a proposed building or subdivision, must not be erected until development consent for the building or subdivision has been granted.\n> > \n> > > (c) Maximum width—0.2m.\n> > \n> > > (d) Must contain only a notice that the building or site to which it is fixed is for sale or for lease.\n> > \n> > > (e) Maximum of 1 sign for each property or lot.\n> > \n> > > (f) Must not be illuminated.\n> > \n> > > (g) Must be removed within 14 days of the property being sold or leased, or in the case of subdivisions, when 90% of lots are sold, or within 5 years, whichever occurs first.\n> > \n> > > (h) Maximum height—8m.\n> > \n> > > (i) Only 1 directional sign with a maximum area of 1m2 in Zone RU1 Primary Production to direct people to the site or for auction or inspection purposes.\n> > \n> > > (j) Must not interfere with sight distances for vehicles approaching intersections.\n> \n> > (9) Temporary signs (including signs announcing a local event for religious, educational, cultural, political, social or recreational purposes) other than signs referred to in subclause (3) must comply with the following—\n> > \n> > > (a) Maximum height—3m.\n> > \n> > > (b) Sign must not be higher than any building it is mounted on.\n> > \n> > > (c) Maximum area—3m2.\n> > \n> > > (d) Must not be illuminated.\n> > \n> > > (e) Any sponsors’ names or logos must be less prominent than the message.\n> > \n> > > (f) Must not be displayed earlier than 28 days before an event.\n> > \n> > > (g) Must not be displayed later than 14 days after an event.\n> \n> > (10) Top hamper signs (including signs attached to the transom of a doorway or display window of a building) must comply with the following—\n> > \n> > > (a) Must be fixed flush to the wall.\n> > \n> > > (b) Must be securely affixed.\n> > \n> > > (c) Must not extend below the head of the doorway or window to which they are attached.\n> > \n> > > (d) Must not extend more than 0.2m beyond any building alignment.\n> > \n> > > (e) Must not be illuminated.\n> \n> > (11) Under awning signs must comply with the following—\n> > \n> > > (a) Must be located on land within an employment zone.\n> > \n> > > (b) Must not be less than 2.6m from the ground or footpath to the underside of the sign.\n> > \n> > > (c) Maximum length—2.5m.\n> > \n> > > (d) Only 1 per property.\n> > \n> > > (e) Must be securely fixed to awning.\n> > \n> > > (f) Must not project beyond the awning.\n> > \n> > > (g) Must be erected horizontal to the ground.\n> > \n> > > (h) Must be located more than 3m from another under awning sign.\n> \n> > (12) Shop window signs must comply with the following—\n> > \n> > > (a) Must be located on land within employment zones.\n> > \n> > > (b) Must not cover more than 75% of shop window.\n> > \n> > > (c) Must not be illuminated.\n> > \n> > > (d) Must be located on ground level facade.\n> > \n> > > (e) Only 1 per shop window.","sortOrder":169},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Community use of educational establishments and centre-based child care facilities","content":"#### sch.2-sec-oc.2 Community use of educational establishments and centre-based child care facilities\n\nCommunity use of educational establishments and centre-based child care facilities\n\n> An educational establishment or centre-based child care facility (including the site and facilities) may also be used for the physical, social, cultural or intellectual development of the community, whether or not any such use is a commercial use of the land.","sortOrder":170},{"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":171},{"sectionNumber":"sch.3-sec","sectionType":"section","heading":"Farm buildings—Zone R5 Large Lot Residential","content":"#### sch.3-sec Farm buildings—Zone R5 Large Lot Residential\n\nFarm buildings—Zone R5 Large Lot Residential\n\n> > (1) Maximum floor area—250m2.\n> \n> > (2) Must not be used for habitable purposes, commercial premises or industries.\n> \n> > (3) Use must be related to rural land use.\n> \n> > (4) Existing ground levels must not be altered by more than 1.5m.\n> \n> > (5) Must not be located within 50m of any road other than an internal road within the subject lot.\n> \n> > (6) Must comply with any restrictions placed on the title of the land.\n> \n> > (7) Must not be relocated from another site.\n> \n> > (8) Roof line must not protrude above natural ridge lines when viewed from public areas and public roads.\n> \n> > (9) Maximum building height—8.5m.\n> \n> > (10) Materials used in construction must have low reflectivity properties and must be characteristic of the locality. Factory pre-coloured and new materials must be used.\n> \n> > (11) Sanitary facilities must not be within the building.\n> \n> > (12) Roof water must be disposed of to a rainwater tank that has an overflow that is piped at least 5m from the building foundations in a manner that will ensure no nuisance is caused to nearby buildings or properties.\n> \n> > (13) Must not involve any new vehicular access.","sortOrder":173},{"sectionNumber":"sch.3-sec-oc.2","sectionType":"section","heading":"Industrial buildings—minor additions and ancillary structures","content":"#### sch.3-sec-oc.2 Industrial buildings—minor additions and ancillary structures\n\nIndustrial buildings—minor additions and ancillary structures\n\n> > (1) Additional floor area created must not exceed 50m2 and must not be used for manufacturing, industrial or like activity.\n> \n> > (2) Additional external areas must not be occupied for the purpose of storage or manufacturing or any like activity.\n> \n> > (3) The total floor area of all buildings on the site must not be more than 2,000m2.\n> \n> > (4) Must not involve a change of building use.\n> \n> > (5) Must comply with any existing development consent conditions.\n> \n> > (6) Setbacks must comply with the following—\n> > \n> > > (a) each part of the structure must have a front setback of not less than 10m,\n> > \n> > > (b) each part of the structure must have side and rear setbacks of not less than 3m.\n> \n> > (7) Building height and materials must comply with the following—\n> > \n> > > (a) the height of any walls must not be more than 8.5m, not including a parapet,\n> > \n> > > (b) parapets may extend a maximum of 1.2m above the intersection of the wall and the roof,\n> > \n> > > (c) roof pitch must not be more than 10 degrees,\n> > \n> > > (d) the site must not be cut or filled greater than 500mm,\n> > \n> > > (e) cladding and materials used in construction must be new, must have low reflective properties and must be factory pre-coloured,\n> > \n> > > (f) security fencing must not be greater than 1.8m in height.\n> \n> > (8) Drainage must comply with the following—\n> > \n> > > (a) all roof and surface water must be drained to the street and discharged to the consent authority’s nearest stormwater drainage system in accordance with an engineer’s design,\n> > \n> > > (b) the drainage system must be designed for a 10-year return period, with excess flows designed to flow overland to the street.\n> \n> > (9) Garbage and storage areas must be on site and behind the building line of the property.\n> \n> > (10) A landscaping strip of at least 3m (if reticulated sewer is provided) or 6m (if there is no sewer) to each street frontage must be planted and maintained with canopy trees and shrubs with a maximum width of 7m for the driveway.\n> \n> > (11) Must not change existing arrangements for access, parking spaces, loading and waste disposal.\n> \n> > (12) Stormwater must be disposed of by way of—\n> > \n> > > (a) a registered stormwater easement, or\n> > \n> > > (b) an inter-lot stormwater pit located within the property boundaries, or\n> > \n> > > (c) a pipe that connects to the kerb and gutter, or\n> > \n> > > (d) an existing approved stormwater drain on site.","sortOrder":174},{"sectionNumber":"sch.3-sec-oc.3","sectionType":"section","heading":"Retaining walls","content":"#### sch.3-sec-oc.3 Retaining walls\n\nRetaining walls\n\n> > (1) Minimum height—900mm from ground level (existing).\n> \n> > (2) Maximum height—2,500mm from ground level (existing).\n> \n> > (3) Adequate moisture barriers and drainage lines must be connected via a silt trap to an existing stormwater system.\n> \n> > (4) Must comply with—\n> > \n> > > (a) AS 3500:2003, Plumbing and drainage set, and\n> > \n> > > (b) AS 2870:1996, Residential slabs and footings—Construction.\n> \n> > (5) Must comply with—\n> > \n> > > (a) AS 3700:2001, Masonry structures, or\n> > \n> > > (b) AS 3600:2009, Concrete structures, or\n> > \n> > > (c) AS 1170.0:2002, Structural design actions—General principles, or\n> > \n> > > (d) AS 1720.1:2010, Timber structures—Design methods.\n> \n> > (6) Must not adversely impact on surface water or rain water run off onto adjoining properties.\n> \n> > (7) Must not affect existing fencing.\n> \n> > (8) Must not affect the structural integrity of any adjacent structure.\n> \n> > (9) Must be located at least 1,500mm from any manhole, riser, inspection shaft or the like.\n> \n> > (10) If the proposed works involve structural alterations to an existing building, the consent authority must be satisfied of the structural adequacy of the existing structures and their ability to withstand the proposed additional or altered structural loads.","sortOrder":175},{"sectionNumber":"sch.3-sec-oc.4","sectionType":"section","heading":"General conditions","content":"#### sch.3-sec-oc.4 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)\n\n**sch 4:** Am 2016 (224), Sch 1 \\[1\\]–\\[4\\].\n\n**Maps:** Am 2012 (559), cl 4; 2015 (53), cl 4; 2018 (456), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.","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)","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":{"kimi_summary":{"_metrics":{"completionTokens":673},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The Plan appears to have maintained its original scope as a comprehensive local environmental planning instrument for the Moree Plains area. While it has been amended multiple times (as noted in clause amendment histories), these amendments appear to be refinements and updates rather than significant scope expansion. The core structure covering zoning, development controls, heritage, and local provisions remains consistent with standard LEP templates."},"complexity_factors":["17 different land use zones with detailed permitted/prohibited use tables","Multiple nested exceptions and savings provisions (clauses 1.8A, 4.2, 4.2A, 4.2B, 4.2C, 4.2D, 4.2E)","Extensive cross-referencing to State Environmental Planning Policies and other legislation","Detailed technical standards for exempt and complying development (Schedules 2 and 3)","Heritage provisions requiring consultation with multiple bodies (Heritage Council, Aboriginal communities)","Flood planning provisions referencing external technical documents (Flood Risk Management Manual)","Multiple amendment notes indicating evolving scope (2015, 2016, 2017, 2018, 2019, 2022, 2023)","Specific site-based provisions (Schedule 1) and public land classification (Schedule 4) with detailed property descriptions"],"plain_english_summary":"This is a **Local Environmental Plan (LEP)** for the Moree Plains area in northern NSW — essentially the rulebook that controls what can be built and done on different parcels of land across the region.\n\n**What it does:**\n- **Divides land into zones** (like RU1 Primary Production, R1 General Residential, E1 Local Centre, etc.) — 17 zones in total\n- **Sets rules for each zone** about what development is allowed without approval, what needs council approval, and what's banned\n- **Controls subdivision** — minimum lot sizes, when you can and can't create smaller lots\n- **Protects heritage** — lists 29 heritage items (buildings, sites, trees) and 1 conservation area (Moree Town Centre), plus Aboriginal archaeological sites\n- **Manages special risks** — flood planning, aircraft noise near Moree Airport, bushfire hazards\n- **Allows some development without approval** — exempt development like certain signs, and complying development like farm buildings or industrial additions that meet strict standards\n\n**Who it affects:**\n- Property owners, farmers, businesses, and developers in the Moree Plains Shire\n- Anyone wanting to build, subdivide, or change land use\n- The local council (Moree Plains Shire Council) as the consent authority\n\n**Key local features:**\n- Strong focus on **protecting agricultural land** and preventing fragmentation of rural properties\n- Special rules for **flood-prone areas** (common in this region)\n- **Airport protection** — height limits and noise controls near Moree Airport\n- **Aboriginal heritage protection** — consultation required for development on culturally significant sites\n- **Arts and culture** — unusually, one of the Plan's aims is to promote arts and cultural activity including music and performance"},"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"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes — the scope has expanded considerably from the original 2011 version. With over 50 amendments across 14 years, the plan has been modified to address matters not contemplated in the original (such as new land use categories, updated state planning policies, and changing community needs). This is typical of LEPs, which are living documents updated incrementally as planning priorities evolve."},"complexity_factors":["This document as provided is only the status/timeline page, not the full plan text — the actual plan content (zoning maps, land use tables, development standards) is far more complex than what is visible here","Over 50 amendments since 2011 mean the current rules may differ significantly from the original plan, requiring users to track version history to understand what rules applied at any given time","Operates under the Environmental Planning and Assessment Act 1979, which adds a layer of state-level legislative framework that must be understood alongside the plan itself","Standard instrument LEP format incorporates state-mandated provisions that interact with locally specific provisions, requiring knowledge of both","Covers a geographically large and diverse area including urban (Moree township), rural, and environmental land — with different rules applying across zones","Zoning maps are separate documents that must be read alongside the written plan to understand what rules apply to any specific property","Frequent amendments create a moving target — rules that applied when a development was proposed may differ from current rules, creating complexity for ongoing or historical matters"],"plain_english_summary":"The Moree Plains Local Environmental Plan 2011 is the legal rulebook for land use and development across the Moree Plains Shire, setting zoning, development standards (heights, setbacks, lot sizes), and protections for heritage, environmental, flood-prone and agricultural land. It directly affects property owners, residents, farmers, developers and the council by determining what can be built or changed on any parcel of land. The plan has been amended many times, so always check the current version before acting."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The instrument remains a local environmental plan whose core purpose is to zone land, set permitted uses and development standards for Moree Plains. Over time it has been amended to add targeted local controls (for example temporary workers’ accommodation, aquaculture rules, music safeguards for licensed premises, airport and meteorological protections) and to update technical provisions and schedules. Those amendments refine and expand rules within the Plan’s original scope but do not change its fundamental purpose as the local statutory planning instrument for the area."},"complexity_factors":["Extensive length with multiple Parts and Schedules (Parts 1–7 plus Schedules 1–6 and maps).","Land Use Table covering 13 distinct zones with separate permitted/consent/prohibited lists per zone.","Many cross‑references to State environmental planning policies and other Acts (e.g. EP&A Act, Heritage Act, Fisheries, Crown Land, Local Government Act).","Multiple conditional and discretionary clauses (e.g. exceptions to development standards cl 4.6; development near zone boundaries cl 5.3; heritage assessments cl 5.10).","Property‑specific provisions and classifications (Schedules 1 and 4) that create bespoke rules alongside general rules.","Numerous thematic local controls (flooding, aviation, meteorology, aquaculture, intensive livestock, signage, music standards) each with their own tests and cross‑links (cls 5.19, 5.21, 7.3–7.5, 5.18, 5.20).","Interplay between exempt, complying and full consent pathways with technical standards in Schedules 2–3 requiring cross‑checking with the Building Code and State policies.","Layered subdivision rules including strata and community title exceptions (cls 4.1AA, 4.2C, 4.2A) and minimum lot size regimes.","Use of maps that must be read in conjunction with text (Land Zoning Map, Lot Size Map, Heritage Map, Meteorological Station Height Limit Map, etc.).","Frequent amendments and 'not adopted' clauses that require attention to current consolidation and which clauses are operative."],"plain_english_summary":"**What this Plan does (mechanics)\n\n**\n- The Moree Plains Local Environmental Plan 2011 (the Plan) is the legal rule‑book that controls what can be done with land in the Moree Plains local government area. It:  \n  - divides the local area into zones shown on official maps (zoning determines what uses are allowed where) (cl 2.1–2.3);  \n  - lists, for each zone, what development is permitted without consent, permitted only with consent, and prohibited (the Land Use Table, Part 2);  \n  - sets subdivision and minimum lot size rules (cl 4.1, 4.1AA, 4.1A, 4.6);  \n  - identifies exempt and complying development (works that can proceed without a full development application or by a fast‑track certificate) and the standards those works must meet (cl 3.1–3.3, Schedules 2–3);  \n  - imposes local controls on specific matters such as earthworks (cl 7.1), rural worker dwellings (cl 7.2), temporary workers’ accommodation (cl 4.2E), signage (Schedule 2), heritage protections (cl 5.10 and Schedule 5), flood planning (cl 5.21), airport and meteorological constraints (cls 7.3–7.5), and aquaculture (cl 5.19 and Schedule 6); and  \n  - records property‑specific rules and public land classifications (Schedules 1 and 4).  \n\n**Who makes decisions under the Plan**\n\n- The consent authority is the Council (local government) except where the Act or other laws say otherwise (cl 1.6).  \n- For certain matters the Plan requires consultation with or certification by State or Commonwealth bodies (for example, airport/airspace or meteorological constraints—cls 7.3–7.5).  \n\n**Who this affects**\n\n- Landowners and prospective purchasers in Moree Plains: the Plan sets what you may build, subdivide or operate on your land.  \n- Developers and builders: the Plan sets minimum lot sizes, permitted uses, and when a development application is required or when complying/exempt development rules apply.  \n- Local businesses and licensed premises: the Plan determines where businesses can operate and contains a rule preventing consent being refused in relation to the playing/performing of music if noise can be managed (cl 5.20).  \n- Aboriginal communities and heritage stakeholders: the Plan identifies Aboriginal cultural significance sites and archaeological sites and requires consultation or special assessment before development there (cl 7.7; cl 5.10; Schedule 5).  \n- Public authorities and State agencies: the Plan records which State authority is the acquisition authority for reserved land and contains clauses that preserve Crown infrastructure and the use of Crown buildings (cl 5.1, cl 5.12).  \n\n**Why it matters (practical effects)**\n\n- Zoning and the Land Use Table are the primary determinants of what activities can lawfully occur on a given parcel (cl 2.2–2.3). If a use is not permitted in the zone, you generally cannot do it unless the Plan includes an exception, an additional permitted use (Schedule 1) or the consent authority exercises discretion (cl 4.6).  \n- Subdivision controls and minimum lot sizes shape land supply, parcel fragmentation and future development potential (cls 4.1, 4.1AA, 4.2–4.2C).  \n- The exempt/compliant development lists reduce time and cost for small, low‑impact works but those works must meet specified technical criteria (cl 3.1–3.2; Schedules 2–3).  \n- Heritage and Aboriginal place protections require assessment and consent for demolition, major alterations, or subdivision affecting listed items or areas (cl 5.10; Schedule 5).  \n- Flood planning and aquaculture rules impose site‑specific tests and design requirements that influence where development can go and the form it takes (cl 5.21; cl 5.19; Schedule 6).  \n- Airport and meteorological clauses restrict building heights or require Commonwealth consultation where aviation or radar operations might be affected (cls 7.3–7.5).  \n\n**Stated aims (source claim) and how they map to effects**\n\n- The Plan says it seeks to protect environmental, economic and social resources, promote arts/culture, facilitate sustainable economic growth, manage flood risk and recognise heritage (cl 1.2). Mechanically, these aims are implemented by:  \n  - zoning and use lists (to direct and limit uses);  \n  - development standards and minimum lot sizes (to shape density and fragmentation);  \n  - constrained exempt/complying development rules (to speed low‑impact works);  \n  - targeted local controls (heritage, flood, airport, aquaculture) to manage particular risks.  \n\n**Costs, incentives and trade‑offs (implementation lens)**\n\n- Who pays: landowners and developers bear most direct compliance costs (applications, design measures, heritage work, flood mitigation, infrastructure contributions). Where the Plan restricts uses or requires minimum lot sizes, it can reduce the commercial value of affected parcels relative to more permissive zoning (cls 2.3; 4.1).  \n- Incentives and substitution effects: the Plan channels development towards zones and sites where the Land Use Table permits certain activities, which concentrates investment and can raise land prices there while limiting development options on other parcels (cls 2.1–2.3; Land Use Table).  \n- Bureaucratic discretion and uncertainty: several clauses give the consent authority wide evaluative discretion (for example, heritage considerations cl 5.10, exceptions to development standards cl 4.6, development near zone boundaries cl 5.3). That discretion allows case‑by‑case flexibility but increases application risk and costs for applicants.  \n- Opportunity costs: minimum lot sizes, restrictions on strata in some zones and prohibitions on certain developments (e.g. canal estates cl 2.9) limit alternative uses of land which may be economically valuable but not aligned with the Plan’s objectives.  \n- Implementation risk and administrative burden: the Plan relies on accurate maps (zoning, lot size, heritage, airport contours) and on the Council to make consistent decisions; mismatches or delays between mapping and on‑the‑ground conditions increase dispute risk (cl 1.7; cl 2.2).  \n- Concentrated benefits vs diffuse costs: particular property‑specific permissions (Schedule 1) or rezoned parcels can create concentrated private benefits for owners of those parcels; costs (e.g. reduced access to developable land) are spread across broader landholders.  \n\n**Specific mechanism highlights (who decides; what changes; behavior effects)**\n\n- Suspension of private covenants: the Plan allows covenants that would block permitted or consented development to be ignored to the extent necessary to enable development under the Plan, except where the covenant is one the Council imposed or certain conservation/crown instruments apply (cl 1.9A). This reduces the ability of third parties to veto Plan‑consistent development but preserves public authority interests.  \n- Exceptions to standards: the Plan permits development to contravene certain development standards where the consent authority is satisfied of particular grounds (cl 4.6). This creates a pathway for bespoke approvals but requires applicants to provide planning justification and increases assessment work.  \n- Music at licensed premises: the Plan bars the consent authority from refusing applications for licensed premises on many aesthetic or entertainment‑related grounds (cl 5.20), limiting local powers to refuse or condition such uses on artistic or entertainment features (subject to acceptable noise management).  \n- Exempt/compliant pathways: Schedules 2–3 list small works and their technical limits so such works can proceed with less regulatory delay (cl 3.1–3.2; Schedules 2–3).  \n- Heritage and Aboriginal places: special notification, consultation and assessment obligations apply before granting consent that affects listed items or areas (cl 5.10; cl 7.7; Schedule 5).  \n\n**Practical takeaways for users**\n\n- Check the Land Zoning Map and Lot Size Map first to see what the Plan permits on a given parcel (cl 2.2; cl 4.1).  \n- Small, low‑impact works may be exempt or complying development if they meet the schedules’ standards—this can save time and cost (cl 3.1–3.2; Schedules 2–3).  \n- If your proposal affects a heritage item, Aboriginal site, flood planning area, airport airspace or meteorological radar vector, expect additional assessment, consultation or constraints (cls 5.10, 5.21, 7.3–7.5).  \n- Where the Plan permits a use only with consent, the Council will assess compatibility with zone objectives and may exercise discretion under clauses such as 4.6 (exceptions) and 5.3 (development near zone boundaries).  \n\n(References are to clauses and Schedules in the Plan: e.g. cl 1.2 aims; cl 2.1–2.3 zones and Land Use Table; cl 3.1–3.3 exempt/complying development; cl 4.1 etc. for subdivision and lot size; cl 5.10 for heritage; cl 5.21 for flood planning; cl 7.3–7.5 for airport/meteorological issues; Schedule 1 for site‑specific additional permitted uses.)"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/moree-plains-local-environmental-plan-2011","history":"/api/acts/moree-plains-local-environmental-plan-2011/history","analysis":"/api/acts/moree-plains-local-environmental-plan-2011/analysis","conflicts":"/api/acts/moree-plains-local-environmental-plan-2011/conflicts","importantCases":"/api/acts/moree-plains-local-environmental-plan-2011/important-cases","documents":"/api/acts/moree-plains-local-environmental-plan-2011/documents"}}