{"id":"nsw:epi-2009-0129","name":"Muswellbrook Local Environmental Plan 2009","slug":"muswellbrook-local-environmental-plan-2009","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"129 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181722,"registerId":"nsw-nsw:epi-2009-0129-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 [Muswellbrook Local Environmental Plan 2009](/view/html/inforce/current/epi-2009-0129).","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> > RU3 Forestry\n> > \n> > RU5 Village\n> \n> > Residential Zones\n> \n> > R1 General Residential\n> > \n> > R5 Large Lot Residential\n> \n> > Employment Zones\n> \n> > E1 Local Centre\n> > \n> > E2 Commercial Centre\n> > \n> > E3 Productivity Support\n> > \n> > E4 General Industrial\n> \n> > Special Purpose Zones\n> \n> > 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> > Waterway Zones\n> \n> > W1 Natural Waterways\n> \n> **cl 2.1:** Am 2012 (316), Sch 1 \\[1\\]; 2022 (828), Sch 1.14\\[1\\].\n> \n> **cl 2.6BB:** Ins 2010 (162), Sch 1.5 \\[4\\].","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 2010 (162), Sch 1.5 \\[5\\]; 2011 (265), cl 4; 2011 (363), Sch 14 \\[2\\]–\\[15\\]; 2012 (254), Sch 1 \\[1\\]; 2012 (316), Sch 1 \\[2\\]; 2013 (626), Sch 1 \\[1\\] \\[2\\]; 2014 (426), Sch 1 \\[1\\]; 2017 (493), Sch 1.1 \\[1\\]; 2019 (137), Sch 6 \\[1\\]; 2019 (621), Sch 3; 2022 (72), Sch 1.34; 2022 (314), Sch 1; 2022 (828), Sch 1.14\\[2\\] \\[3\\]; 2023 (458), Sch 2.61\\[1\\] \\[2\\]; 2025 (263), Sch 1\\[1\\] \\[2\\].\n\nZone RU1 Primary Production\n\nZone RU3 Forestry\n\nZone RU5 Village\n\nZone R1 General 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 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\n> Note.\n> \n> [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 2 may apply to land within this zone.\n\nZone W1 Natural 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; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Community facilities; Crematoria; Depots; Dwelling houses; Eco-tourist facilities; Educational establishments; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Function centres; Group homes; Hazardous industries; Health consulting rooms; Heavy industrial storage establishments; Helipads; Highway service centres; Home-based child care; Home businesses; Home industries; Industrial retail outlets; Information and education facilities; Intensive livestock agriculture; Kiosks; Landscaping material supplies; Open cut mining; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Rural worker’s dwellings; Secondary dwellings; Service stations; Sewerage systems; Signage; Storage premises; Take away food and drink premises; Tourist and visitor accommodation; Transport depots; Truck depots; Turf farming; Veterinary hospitals; Waste disposal facilities; Water supply systems","sortOrder":35},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Any 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":93},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":97},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":106},{"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/muswellbrook-local-environmental-plan-2009) (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> > Note.\n> > \n> > If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning is required to take action to enable the designation of the acquiring authority under this Part. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning (see section 21 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022)).\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":107},{"sectionNumber":"Part 6","sectionType":"part","heading":"Urban release areas","content":"# Part 6 Urban release areas\n\nPart 6 Urban release areas","sortOrder":133},{"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> > (3A) This clause does not apply to Lot 1, DP 323945, Yarrawa Road, Denman.\n> \n> > (4) This clause does not apply to land in an urban release area if all or 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 2011 (363), Sch 14 \\[23\\]; 2016 (147), cl 5; 2019 (621), Sch 5\\[5\\]; 2023 (554), Sch 1.","sortOrder":134},{"sectionNumber":"Part 7","sectionType":"part","heading":"Additional local provisions","content":"# Part 7 Additional local provisions\n\nPart 7 Additional local provisions","sortOrder":138},{"sectionNumber":"7","sectionType":"section","heading":"Terrestrial biodiversity","content":"#### 7 Terrestrial biodiversity\n\n7.1 Terrestrial biodiversity\n\n> > (1) The objective of this clause is to protect, maintain and improve the diversity of landscapes, including—\n> > \n> > > (a) protecting the biological diversity of native fauna and flora, and\n> > \n> > > (b) protecting ecological processes necessary for their continued existence, and\n> > \n> > > (c) encouraging the recovery of threatened species, communities and populations and their habitats.\n> \n> > (2) This clause applies to land identified as “Biodiversity” on the Terrestrial Biodiversity Map.\n> \n> > (3) Development consent must not be granted for development on land to which this clause applies unless the consent authority is satisfied that the development satisfies the objective of this clause and—\n> > \n> > > (a) the development is designed and will be located and managed to avoid any potential adverse environmental impact, or\n> > \n> > > (b) if a potential adverse environmental impact cannot be avoided, the development—\n> > > \n> > > > (i) is designed and located so as to have minimum adverse impact, and\n> > > \n> > > > (ii) incorporates effective measures to remedy or mitigate any adverse impact caused.\n> \n> **cl 7.1:** Am 2012 (254), Sch 1 \\[3\\] \\[4\\].","sortOrder":139},{"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 2009 No 56, Sch 2.38; 2022 (828), Sch 1.14\\[7A\\] (ins 2023 (82), Sch 1.2\\[6\\]); 2024 (607), Sch 1; 2025 (263), Sch 1\\[4\\].","sortOrder":151},{"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 2010 (162), Sch 1.5 \\[8\\]; 2011 (363), Sch 14 \\[25\\]; 2013 (626), Sch 1 \\[3\\]; 2022 (828), Sch 1.14\\[8\\]–\\[10\\].","sortOrder":158},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Advertising structures","content":"#### sch.2-sec Advertising structures\n\nAdvertising structures\n\n> > (1) Must not cover mechanical ventilation inlet or outlet vents.\n> \n> > (2) Advertising panels (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) An A-frame sign on private land used in conjunction with an existing premises for which consent has been granted on land that is in Zone E1, must comply with the following—\n> > \n> > > (a) Only 1 per property.\n> > \n> > > (b) Must not involve any live or recorded entertainment including music, broadcast programs, flashing lights or the like.\n> > \n> > > (c) Area must immediately adjoin the premises and not obstruct access to the premises or to any adjacent premises.\n> > \n> > > (d) Maximum display area (on each side)—0.5m2.\n> > \n> > > (e) Must be secure and stable.\n> > \n> > > (f) Must not involve construction work.\n> > \n> > > (g) Must be temporary and must be removed at the close of business.\n> \n> > (4) Change of message on existing sign must comply with the following—\n> > \n> > > (a) Sign must have been previously consented to by the consent authority or 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 consent.\n> > \n> > > (d) Must not change dimensions of sign.\n> \n> > (5) Fascia sign 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 sign 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 contain only a reference to identify the subject premises or a description of 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 sign 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) May only be in Zone E4.\n> > \n> > > (e) Must be built in accordance with engineer’s certification for the structure and footings.\n> \n> > (8) Real estate sign must comply with the following—\n> > \n> > > (a) Maximum area (per side)—\n> > > \n> > > > (i) single dwelling house—2.5m2.\n> > > \n> > > > (ii) multi-dwelling development of less than 10 dwelling houses—5m2.\n> > > \n> > > > (iii) multi-dwelling development of 10 or more dwelling houses—10m2.\n> > > \n> > > > (iv) commercial building—5m2.\n> > > \n> > > > (v) rural property—10m2.\n> > > \n> > > > (vi) subdivision of less than 20 lots—10m2.\n> > > \n> > > > (vii) subdivision of 20 lots or more—15m2.\n> > \n> > > (b) Must not be erected until development approval for the building or subdivision has been granted.\n> > \n> > > (c) Maximum return—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 let.\n> > \n> > > (e) Maximum of 1 sign for each property or subdivision stage.\n> > \n> > > (f) Must not be illuminated.\n> > \n> > > (g) Must be removed within 14 days of the sale of the property 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 is allowed 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 sign (including a sign announcing an authorised local event for religious, educational, cultural, political, social or recreational purposes) must comply with the following—\n> > \n> > > (a) Maximum height—3m.\n> > \n> > > (b) Sign must not be higher than building it is mounted on.\n> > \n> > > (c) Maximum area—3m2.\n> > \n> > > (d) Must not be illuminated.\n> > \n> > > (e) Any sponsor’s 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 sign (including a sign 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 fixed.\n> > \n> > > (c) Must not extend below the head of the doorway or window to which it is 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 sign must comply with the following—\n> > \n> > > (a) May only be located in Zone E1.\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) Window sign (including a sign displayed on a shop window) must comply with the following—\n> > \n> > > (a) May only be located in Zone E1 and Zone E4.\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.\n> \n> > (13) Must not be on a heritage item.","sortOrder":159},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"A-frame signs, display of goods and street furniture on footpath","content":"#### sch.2-sec-oc.2 A-frame signs, display of goods and street furniture on footpath\n\nA-frame signs, display of goods and street furniture on footpath\n\n> > (1) Must be associated with a lawfully established business.\n> \n> > (2) Must be on the part of the footpath that is adjacent to that business.\n> \n> > (3) Must not obstruct access to the premises, adjacent premises or pedestrians using footpath.\n> \n> > (4) Must be temporary and removed at the close of business each day.\n> \n> > (5) Must be secure and stable.\n> \n> > (6) Must be installed in accordance with the manufacturer’s specifications and any relevant Australian Standards.\n> \n> > (7) Must not involve construction work.\n> \n> > (8) Must be authorised under Division 3 of Part 9 of the [Roads Act 1993](/view/html/inforce/current/act-1993-033).\n> \n> > (9) If street furniture is used as part of an outdoor eating area, approval must be obtained under section 125 of the [Roads Act 1993](/view/html/inforce/current/act-1993-033).\n> \n> > (10) A-frame signs Must also comply with the following—\n> > \n> > > (a) maximum 1 per premises,\n> > \n> > > (b) maximum display area—0.5m2.","sortOrder":160},{"sectionNumber":"sch.2-sec-oc.3","sectionType":"section","heading":"Bridge and road maintenance (RU1, C3 and W1 zones only)","content":"#### sch.2-sec-oc.3 Bridge and road maintenance (RU1, C3 and W1 zones only)\n\nBridge and road maintenance (RU1, C3 and W1 zones only)\n\n> > (1) Must be existing bridge or road.\n> \n> > (2) Works must not involve altering widths or other dimensions of the existing bridge or road.","sortOrder":161},{"sectionNumber":"sch.2-sec-oc.4","sectionType":"section","heading":"Building alterations (new external windows, glazed areas and doors)—residential premises","content":"#### sch.2-sec-oc.4 Building alterations (new external windows, glazed areas and doors)—residential premises\n\nBuilding alterations (new external windows, glazed areas and doors)—residential premises\n\n> > (1) Must comply with the following—\n> > \n> > > (a) AS 1288—2006, Glass in buildings—Selection and installation,\n> > \n> > > (b) AS/NZS 2208—1996, Safety glazing materials in buildings.\n> \n> > (2) Structural support members must not be removed.\n> \n> > (3) Must not reduce the area provided for light and ventilation.\n> \n> > (4) Must not compromise swimming pool barrier.\n> \n> > (5) Privacy and security—if a proposed window is in a habitable room and will allow an outlook to a window of a habitable room in a neighbouring dwelling house and the distance between the two windows is less than 9m, the proposed window—\n> > \n> > > (a) must be offset from its edge to the edge of the other window by a distance of 1m, and\n> > \n> > > (b) must have a sill height of 1.5m above ground level (existing), and\n> > \n> > > (c) must have fixed obscure glazing in any part of the window below 1.5m above ground level (existing).\n> \n> > (6) Must not be on a heritage item.\n> \n> > (7) Does not include replacement of windows, glazed areas and doors.","sortOrder":162},{"sectionNumber":"sch.2-sec-oc.5","sectionType":"section","heading":"Change the use of a building (or part of a building) from an industry to a light industry","content":"#### sch.2-sec-oc.5 Change the use of a building (or part of a building) from an industry to a light industry\n\nChange the use of a building (or part of a building) from an industry to a light industry\n\n> > (1) Previous use must have been a lawful use.\n> \n> > (2) New use must comply with any existing condition of consent.\n> \n> > (3) New use must be a permissible use in the zone.\n> \n> > (4) New use must not change approved area of premises.\n> \n> > (5) New use must not extend existing hours of operation.\n> \n> > (6) New use must not exceed 500m2 in total floor area.\n> \n> > (7) Building must have rear service access or access to off-street loading facilities.\n> \n> > (8) The curtilage of the building must not be used for storage or display purposes.\n> \n> > (9) New use must be consistent with any condition of consent of the existing use relating to the following—\n> > \n> > > (a) the maintenance of landscaping,\n> > \n> > > (b) the parking of vehicles,\n> > \n> > > (c) the provision of space for the loading or unloading of goods or vehicles.\n> \n> > (10) New use must not result in any premises being used for potentially hazardous industry or offensive industries.","sortOrder":163},{"sectionNumber":"sch.2-sec-oc.6","sectionType":"section","heading":"Moveable dwelling installation (including caravans)—on land other than approved sites","content":"#### sch.2-sec-oc.6 Moveable dwelling installation (including caravans)—on land other than approved sites\n\nMoveable dwelling installation (including caravans)—on land other than approved sites\n\n> > (1) Must not involve more than 2 caravans or campervans on any land.\n> \n> > (2) Must not be occupied for more than 2 days at a time and not more than 60 days in total in any 12-month period.\n> \n> > (3) If located on land on which a dwelling house is situated, must be occupied only by the owner of the dwelling or members of the owners household.\n> \n> > (4) If only located on pastoral or agricultural land, must be occupied seasonally by persons employed in pastoral or agricultural operations on the land.\n> \n> > (5) Occupant must have continuous access to approved toilet, laundry and shower facilities.\n> \n> > (6) Must not be on bush fire prone land.","sortOrder":164},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Complying development","content":"# Schedule 3 Complying development\n\nSchedule 3 Complying development\n\n(Clause 3.2)\n\nNote.\n\n[State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.\n\n**sch 3:** Am 2010 (162), Sch 1.5 \\[9\\]; 2011 (363), Sch 14 \\[26\\] \\[27\\].","sortOrder":165},{"sectionNumber":"sch.3-sec","sectionType":"section","heading":"Industrial buildings (including minor additions and ancillary structures to existing industrial buildings)","content":"#### sch.3-sec Industrial buildings (including minor additions and ancillary structures to existing industrial buildings)\n\nIndustrial buildings (including minor additions and ancillary structures to existing industrial buildings)\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 the building on the site involved 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\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\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 and 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\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 allotment stormwater pit located within the property boundary, 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":167},{"sectionNumber":"sch.3-sec-oc.2","sectionType":"section","heading":"General conditions","content":"#### sch.3-sec-oc.2 General conditions\n\nGeneral conditions\n\n> Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).","sortOrder":169},{"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 2010 (583), Sch 1; 2012 (254), Sch 1 \\[5\\]; 2014 (426), Sch 1 \\[2\\].","sortOrder":170},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Environmental heritage","content":"# Schedule 5 Environmental heritage\n\nSchedule 5 Environmental heritage\n\n(Clause 5.10)\n\n**sch 5:** Am 2012 (254), Sch 1 \\[6\\]; 2013 (626), Sch 1 \\[4\\]–\\[6\\]; 2015 (666), Sch 1 \\[2\\]–\\[5\\]; 2016 (310), Sch 4.15 \\[1\\]–\\[3\\]; 2024 (54), Sch 1.","sortOrder":174},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Pond-based and tank-based aquaculture","content":"# Schedule 6 Pond-based and tank-based aquaculture\n\nSchedule 6 Pond-based and tank-based aquaculture\n\n(Clause 5.19)","sortOrder":177},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":179},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":181},{"sectionNumber":"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":190},{"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":192},{"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":193},{"sectionNumber":"11","sectionType":"section","heading":"Culture water","content":"#### 11 Culture water\n\n11 Culture water\n\n> Must use freshwater.","sortOrder":194}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"LEPs routinely evolve well beyond their original scope through amendments. With over 70 versions in 16 years, the Muswellbrook LEP 2009 has almost certainly expanded, contracted, and refined its provisions significantly from its original 2009 form — reflecting changed community priorities, state government policy shifts (including updates to the standard instrument template), new development pressures, and adjustments to zone boundaries and permitted land uses. However, without access to the actual substantive provisions or amendment history details, the precise nature of scope changes cannot be specifically catalogued."},"complexity_factors":["Extremely high amendment frequency — over 70 distinct versions since 2009, meaning the operative rules have changed repeatedly and tracking current provisions requires careful version checking","Standard instrument LEP format incorporates NSW-wide template provisions blended with locally specific rules, requiring knowledge of both layers","Interaction with the Environmental Planning and Assessment Act 1979, which provides the overarching legal framework and adds another layer of rules","Geographic and land-use diversity of the Muswellbrook area — coal mining, agriculture, residential, commercial and environmental zones each carry different rules","Zoning maps and land application tables are critical to understanding the plan but are separate documents not easily readable without spatial tools","Heritage, environmental and resource constraints overlay the basic zoning rules, creating multiple simultaneous regulatory layers","Long operational history (16+ years) means past decisions and amendments may affect current property rights in non-obvious ways","Substantive provisions were not available for analysis, so full complexity of specific development standards, exceptions and consent requirements cannot be assessed"],"plain_english_summary":"The Muswellbrook Local Environmental Plan 2009 is the legal rulebook governing land use and development across the Muswellbrook LGA — it tells residents, property owners, developers, farmers, miners and council what can be built, where, and under what conditions. \n\nIt matters because it directly shapes property rights, development opportunities and protections (heritage, environment, agriculture). The plan has been amended over 70 times; the current version has been in force since 19 September 2025."},"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"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Plan’s scope has been amended repeatedly since its 2009 origin. The text records changes that expand and refine scope — for example a biodiversity subdivision exception (cl 4.1A, ins 2021), updated flood planning and special flood considerations (cl 5.21 and cl 5.22, subst 2023), site‑specific transition provisions for Liddell–Bayswater (cl 7.11, ins 2025), savings for pending applications (cl 1.8A, am 2023) and multiple schedule/map updates. These insertions add climate/flood, biodiversity and site‑specific transition rules and alter which approvals and safeguards apply to particular lands."},"complexity_factors":["Multiple zoning categories with a detailed Land Use Table that differentiates permitted, consent and prohibited uses (cl 2.1, cl 2.3).","Reliance on several spatial maps (Land Application, Land Zoning, Lot Size, Height, Floor Space, Key Sites, Heritage, Terrestrial Biodiversity) which determine application (cl 1.3; cl 1.7; multiple clauses referencing those maps).","Three development pathways (exempt, complying, development consent) with specific eligibility criteria and cross‑referenced schedules (Part 3; sch 2; sch 3; cl 3.1–3.3).","Numerous numeric and design standards (minimum lot sizes cl 4.1; height cl 4.3; FSR cl 4.4; calculation rules cl 4.5) creating technical compliance requirements.","Extensive site‑specific and subject‑specific controls (heritage cl 5.10 & sch 5; flood planning cl 5.21–5.22; terrestrial biodiversity cl 7.1; aquaculture sch 6).","Multiple exceptions, concessions and discretionary powers (exceptions to standards cl 4.6; development near zone boundaries cl 5.3; additional permitted uses sch 1) increasing interpretative discretion for the consent authority.","Significant cross‑references to State policies, Acts and external technical guidelines (e.g. SEPPs, Flood Risk Management Manual, BASIX, Fisheries/aquaculture plans), adding external dependencies.","Numerous amendments and ‘not adopted’ or repealed insertions noted in the text, requiring attention to historical changes and current applicability (amendment notes throughout)."],"plain_english_summary":"Muswellbrook Local Environmental Plan 2009 sets the zoning, permitted/prohibited land uses, and development standards (lot sizes, building height, floor space) that apply to the land shown on its maps. It also establishes exempt and complying development pathways and site‑specific controls for heritage, biodiversity, flood risk and special local sites.\n\nThe Council is the consent authority; developers and landowners bear compliance costs and must obtain consent for most subdivisions, demolition and many uses, while limited exempt/complying rules reduce approval needs for low‑impact work."},"kimi_summary":{"_metrics":{"completionTokens":863},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Plan has expanded significantly beyond its original 2009 scope. Originally focused on standard local planning controls, it has grown to include: detailed aquaculture regulations (Schedule 6, 2011-2012), eco-tourism facility controls (2011-2012), music and entertainment venue protections (clause 5.20, added later), extensive flood planning provisions updated for climate change (clauses 5.21-5.22, substantially revised 2023), farm stay and farm gate provisions (2023), and most recently (2025) specific provisions for the Liddell-Bayswater Power Station transition. The Land Use Table has been amended at least 15 times per the amendment notes. This represents mission creep from a standard zoning instrument to a complex, multi-purpose planning document addressing emerging policy areas."},"complexity_factors":["Multiple overlapping zone systems (rural, residential, employment, conservation, recreation, waterway zones)","Extensive cross-referencing to maps (Land Zoning Map, Lot Size Map, Height of Buildings Map, Floor Space Ratio Map, Heritage Map, Key Sites Map, Terrestrial Biodiversity Map)","Detailed Land Use Table with permitted/prohibited uses for 15 zones, each with multiple sub-categories","Numerous conditional exceptions and special provisions (clauses 4.1A, 4.2, 4.6, 5.4, 5.5, 5.9, 5.16, 5.18, 5.19, 5.21, 5.22, 5.24, 5.25, 7.2, 7.3, 7.4, 7.5, 7.9, 7.10, 7.11)","Heritage provisions with multiple layers of protection (State heritage, local heritage, conservation areas)","Flood planning clauses with climate change considerations and complex definitions referencing external guidelines","Aquaculture provisions with detailed operational requirements in Schedule 6","Multiple schedules with technical specifications (exempt development standards, complying development conditions)","Savings provisions and transitional arrangements for pending applications","Regular amendments with complex amendment history tracking (multiple amending instruments referenced)"],"plain_english_summary":"This is the **Muswellbrook Local Environmental Plan 2009**, a planning rulebook that controls what can be built and done on land in the Muswellbrook area of New South Wales.\n\n**What it does:**\n- **Divides land into zones** (like RU1 Primary Production, R1 General Residential, E2 Commercial Centre) and sets rules for each zone about what activities are allowed, need approval, or are banned\n- **Sets development standards** including minimum lot sizes for subdivisions, building heights, and floor space ratios (how much floor area buildings can have relative to land size)\n- **Protects heritage** by requiring approval to demolish or alter heritage-listed buildings and places\n- **Manages environmental risks** including flood planning, bushfire hazards, and biodiversity protection\n- **Controls specific uses** like bed-and-breakfasts (max 5 bedrooms), home businesses (max 50m²), and secondary dwellings (size limits apply)\n- **Provides fast-track approvals** for \"exempt development\" (no approval needed) and \"complying development\" (approval by a private certifier if standards are met)\n\n**Who it affects:**\n- Property owners wanting to build, subdivide, or change land use\n- Developers planning residential, commercial, or industrial projects\n- Farmers and rural landholders\n- The local council (Muswellbrook Shire Council) as the consent authority\n\n**Why it matters:**\nThe Plan balances economic development with environmental protection, manages growth in the Muswellbrook township and villages like Denman and Sandy Hollow, protects agricultural land and natural resources, and ensures new development fits with community expectations and infrastructure capacity. Recent amendments (2025) added provisions for transitioning the Liddell-Bayswater Power Station site to new employment uses as coal operations wind down."}},"importantCases":[],"_links":{"self":"/api/acts/muswellbrook-local-environmental-plan-2009","history":"/api/acts/muswellbrook-local-environmental-plan-2009/history","analysis":"/api/acts/muswellbrook-local-environmental-plan-2009/analysis","conflicts":"/api/acts/muswellbrook-local-environmental-plan-2009/conflicts","importantCases":"/api/acts/muswellbrook-local-environmental-plan-2009/important-cases","documents":"/api/acts/muswellbrook-local-environmental-plan-2009/documents"}}