{"id":"nsw:epi-2011-0084","name":"Port Macquarie-Hastings Local Environmental Plan 2011","slug":"port-macquarie-hastings-local-environmental-plan-2011","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"84 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181508,"registerId":"nsw-nsw:epi-2011-0084-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 [Port Macquarie-Hastings Local Environmental Plan 2011](/view/html/inforce/current/epi-2011-0084).","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Permitted or prohibited development","content":"# Part 2 Permitted or prohibited development\n\nPart 2 Permitted or prohibited development","sortOrder":13},{"sectionNumber":"2","sectionType":"section","heading":"Land use zones","content":"#### 2 Land use zones\n\n2.1 Land use zones\n\n> The land use zones under this Plan are as follows—\n> \n> > Rural Zones\n> \n> > RU1 Primary Production\n> > \n> > RU2 Rural Landscape\n> > \n> > RU3 Forestry\n> > \n> > RU5 Village\n> > \n> > RU6 Transition\n> \n> > Residential Zones\n> \n> > R1 General Residential\n> > \n> > R2 Low Density Residential\n> > \n> > R3 Medium Density Residential\n> > \n> > R4 High 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> > Mixed Use Zones\n> \n> > MU1 Mixed Use\n> \n> > Special Purpose Zones\n> \n> > SP1 Special Activities\n> > \n> > SP2 Infrastructure\n> > \n> > SP3 Tourist\n> > \n> > SP4 Enterprise\n> \n> > Recreation Zones\n> \n> > RE1 Public Recreation\n> > \n> > RE2 Private Recreation\n> \n> > Conservation Zones\n> \n> > C1 National Parks and Nature Reserves\n> > \n> > C2 Environmental Conservation\n> > \n> > C3 Environmental Management\n> > \n> > C4 Environmental Living\n> \n> > Waterway Zones\n> \n> > W1 Natural Waterways\n> > \n> > W2 Recreational Waterways\n> > \n> > W3 Working Waterways\n> > \n> > W4 Working Waterfront\n> \n> **cl 2.1:** Am 2022 (828), Sch 1.17\\[1\\]–\\[3\\].","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 2011 (363), Sch 17 \\[1\\]–\\[30\\]; 2012 (76), Sch 1 \\[1\\]–\\[5\\]; 2013 (359), Sch 1 \\[1\\]–\\[9\\]; 2014 (278), Sch 1 \\[1\\] \\[2\\]; 2014 (545), Sch 1 \\[3\\]–\\[5\\]; 2015 (77), Sch 1 \\[2\\]–\\[6\\]; 2015 (381), Sch 1 \\[1\\]–\\[3\\]; 2015 (761), Sch 1 \\[2\\]–\\[5\\]; 2016 (168), Sch 1 \\[2\\] \\[5\\]; 2016 (563), cl 5 (1); 2017 (146), Sch 1 \\[1\\]; 2017 (493), Sch 1.1 \\[1\\] \\[2\\]; 2018 (488), Sch 1.1 \\[1\\]; 2018 (763), Sch 1 \\[1\\]–\\[3\\]; 2019 (137), Sch 6 \\[1\\]; 2020 (549), Sch 1\\[1\\]–\\[3\\]; 2022 (314), Sch 1; 2022 (828), Sch 1.17\\[3A\\] (ins 2023 (82), Sch 1.2\\[7\\]) \\[4\\]; 2023 (503), Sch 1\\[1\\]–\\[3\\].\n\nZone RU1 Primary Production\n\nZone RU2 Rural Landscape\n\nZone RU3 Forestry\n\nZone RU5 Village\n\nZone RU6 Transition\n\nZone R1 General Residential\n\nZone R2 Low Density Residential\n\nZone R3 Medium Density Residential\n\nZone R4 High 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 MU1 Mixed Use\n\nZone SP1 Special Activities\n\nZone SP2 Infrastructure\n\nZone SP3 Tourist\n\nZone SP4 Enterprise\n\nZone RE1 Public Recreation\n\nZone RE2 Private Recreation\n\nZone C1 National Parks and Nature Reserves\n\nZone C2 Environmental Conservation\n\nZone C3 Environmental Management\n\nZone C4 Environmental Living\n\nZone W1 Natural Waterways\n\nZone W2 Recreational Waterways\n\nZone W3 Working Waterways\n\nZone W4 Working Waterfront","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; Bed and breakfast accommodation; Building identification signs; Business identification signs; Cellar door premises; Community facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Helipads; Home-based child care; Home businesses; Home industries; Industrial retail outlets; Intensive livestock agriculture; Intensive plant agriculture; Open cut mining; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings;","sortOrder":33},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Any development not specified in item 2 or 3","sortOrder":34},{"sectionNumber":"Part 3","sectionType":"part","heading":"Exempt and complying development","content":"# Part 3 Exempt and complying development\n\nPart 3 Exempt and complying development","sortOrder":151},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":155},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":168},{"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/port-macquarie-hastings-local-environmental-plan) (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> > | Zone R1 General Residential and marked “Local Road” | Council |\n> > | Zone R1 General Residential and marked “School” | Minister for Education and Training |\n> > | Zone RE1 Public Recreation and marked “Local Road” | Council |\n> > | Zone SP2 Infrastructure and marked “Local Road” | Council |\n> > | Zone SP2 Infrastructure and marked “Sewerage” | Council |\n> > | Zone SP3 Tourist and marked “Local Road” | Council |\n> > | Zone C2 Environmental Conservation and marked “Environment Protection” | Council |\n> \n> > (3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.\n> \n> **cl 5.1:** Am 2022 (828), Sch 1.17\\[6\\].","sortOrder":169},{"sectionNumber":"Part 6","sectionType":"part","heading":"Urban release areas","content":"# Part 6 Urban release areas\n\nPart 6 Urban release areas","sortOrder":196},{"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":197},{"sectionNumber":"Part 7","sectionType":"part","heading":"Additional local provisions","content":"# Part 7 Additional local provisions\n\nPart 7 Additional local provisions","sortOrder":201},{"sectionNumber":"7","sectionType":"section","heading":"Acid sulfate soils","content":"#### 7 Acid sulfate soils\n\n7.1 Acid sulfate soils\n\n> > (1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.\n> \n> > (2) Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the [Acid Sulfate Soils Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/port-macquarie-hastings-local-environmental-plan) as being of the class specified for those works.\n> > \n> > | Class of land | Works |\n> > | 1 | Any works |\n> > | 2 | Works below the natural ground surface.Works by which the watertable is likely to be lowered. |\n> > | 3 | Works more than 1 metre below the natural ground surface.Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface. |\n> > | 4 | Works more than 2 metres below the natural ground surface.Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface. |\n> > | 5 | Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land. |\n> \n> > (3) Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.\n> \n> > (4) Despite subclause (2), development consent is not required under this clause for the carrying out of works if—\n> > \n> > > (a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan need not be carried out for the works, and\n> > \n> > > (b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.\n> \n> > (5) Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—\n> > \n> > > (a) emergency work, being the repair or replacement of the works of the public authority required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,\n> > \n> > > (b) routine management work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),\n> > \n> > > (c) minor work, being work that costs less than $20,000 (other than drainage work).\n> \n> > (6) Despite subclause (2), development consent is not required under this clause to carry out any works if—\n> > \n> > > (a) the works involve the disturbance of less than 1 tonne of soil, such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial water bodies (including canals, dams and detention basins) or foundations or flood mitigation works, or\n> > \n> > > (b) the works are not likely to lower the watertable.","sortOrder":202},{"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 2012 (76), Sch 1 \\[11\\] \\[12\\]; 2014 (545), Sch 1 \\[8\\]; 2015 (761), Sch 1 \\[7\\]; 2016 (563), cl 5 (3); 2017 (146), Sch 1 \\[2\\]; 2018 (295), Sch 1 \\[3\\]; 2019 (437), Sch 1 \\[2\\]; 2020 (549), Sch 1\\[5\\]; 2022 (425), cl 5(2) (3); 2022 (828), Sch 1.17\\[19\\].","sortOrder":223},{"sectionNumber":"2A","sectionType":"section","heading":"Use of certain land at corner of John Oxley Drive and Main Street, Thrumster (adjacent to the Thrumster Town Centre)","content":"#### 2A Use of certain land at corner of John Oxley Drive and Main Street, Thrumster (adjacent to the Thrumster Town Centre)\n\n2A Use of certain land at corner of John Oxley Drive and Main Street, Thrumster (adjacent to the Thrumster Town Centre)\n\n> > (1) This clause applies to land at the corner of John Oxley Drive and Main Street, Thrumster, being Lot 2, DP 1185319, shown as “Item 2A” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/port-macquarie-hastings-local-environmental-plan).\n> \n> > (2) Development ancillary to a pub or restaurant located on adjoining land in Zone SP3 Tourist is permitted with development consent.","sortOrder":226},{"sectionNumber":"8","sectionType":"section","heading":"Use of certain land at Flynns Beach, Tuppenny Road, Port Macquarie","content":"#### 8 Use of certain land at Flynns Beach, Tuppenny Road, Port Macquarie\n\n8 Use of certain land at Flynns Beach, Tuppenny Road, Port Macquarie\n\n> > (1) This clause applies to land at Flynns Beach, Tuppenny Road, Port Macquarie, being part of Lot 7052, DP 1121282 shown as “Item 8” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/port-macquarie-hastings-local-environmental-plan).\n> \n> > (2) Development for the purposes of a restaurant or cafe is permitted with development consent.","sortOrder":232},{"sectionNumber":"9","sectionType":"section","heading":"Use of certain land at Lighthouse Beach, Matthew Flinders Road, Port Macquarie","content":"#### 9 Use of certain land at Lighthouse Beach, Matthew Flinders Road, Port Macquarie\n\n9 Use of certain land at Lighthouse Beach, Matthew Flinders Road, Port Macquarie\n\n> > (1) This clause applies to land at Lighthouse Beach, Matthew Flinders Road, Port Macquarie, being part of Lot 7074, DP 1052955 shown as “Item 9” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/port-macquarie-hastings-local-environmental-plan).\n> \n> > (2) Development for the purposes of a restaurant or cafe is permitted with development consent.","sortOrder":233},{"sectionNumber":"10","sectionType":"section","heading":"Use of certain land at Rainbow Beach, Beach Street, Bonny Hills","content":"#### 10 Use of certain land at Rainbow Beach, Beach Street, Bonny Hills\n\n10 Use of certain land at Rainbow Beach, Beach Street, Bonny Hills\n\n> > (1) This clause applies to land at Rainbow Beach, Beach Street, Bonny Hills, being part of Lot 2, DP 1171577 shown as “Item 10” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/port-macquarie-hastings-local-environmental-plan).\n> \n> > (2) Development for the purposes of a restaurant or cafe is permitted with development consent.","sortOrder":234},{"sectionNumber":"11","sectionType":"section","heading":"Use of certain land at North Haven Beach, 128 The Parade, North Haven","content":"#### 11 Use of certain land at North Haven Beach, 128 The Parade, North Haven\n\n11 Use of certain land at North Haven Beach, 128 The Parade, North Haven\n\n> > (1) This clause applies to land at North Haven Beach, 128 The Parade, North Haven, being foreshore Crown land adjoining Lot 7006, DP 1026384, shown as “Item 11” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/port-macquarie-hastings-local-environmental-plan).\n> \n> > (2) Development for the purposes of a restaurant or cafe is permitted with development consent.","sortOrder":235},{"sectionNumber":"12","sectionType":"section","heading":"Use of certain land at Oxley Highway, Sancrox","content":"#### 12 Use of certain land at Oxley Highway, Sancrox\n\n12 Use of certain land at Oxley Highway, Sancrox\n\n> > (1) This clause applies to Lot 1, DP 1261690, Oxley Highway, Sancrox, shown as “Item 12” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/port-macquarie-hastings-local-environmental-plan).\n> \n> > (2) Development for the purposes of a highway service centre and ancillary hotel or motel accommodation is permitted with development consent.","sortOrder":236},{"sectionNumber":"13","sectionType":"section","heading":"Use of certain land at or near Port Macquarie Airport","content":"#### 13 Use of certain land at or near Port Macquarie Airport\n\n13 Use of certain land at or near Port Macquarie Airport\n\n> > (1) This clause applies to certain land at or near Port Macquarie Airport, shown as “Item 13” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/port-macquarie-hastings-local-environmental-plan).\n> \n> > (2) Development for the purposes of sewerage systems is permitted without development consent.","sortOrder":237},{"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 2011 (363), Sch 17 \\[42\\] \\[43\\]; 2011 (375), Sch 1; 2011 (444), Sch 1 \\[3\\]; 2012 (76), Sch 1 \\[13\\]; 2013 (359), Sch 1 \\[11\\]; 2013 (439), cl 4 (4); 2013 (511), Sch 1 \\[1\\]–\\[3\\]; 2014 (545), Sch 1 \\[9\\] \\[10\\]; 2017 (146), Sch 1 \\[3\\]; 2018 (391), cl 5; 2022 (72), Sch 1.41\\[2\\].","sortOrder":238},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Works in cemeteries or burial grounds","content":"#### sch.2-sec Works in cemeteries or burial grounds\n\nWorks in cemeteries or burial grounds\n\n> > (1) Development must only involve—\n> > \n> > > (a) the creation of a new grave or monument, or\n> > \n> > > (b) the excavation or disturbance of land for the purpose of carrying out the conservation or repair of a monument or grave marker.\n> \n> > (2) Must be within an existing cemetery or burial ground.\n> \n> > (3) Must not disturb human remains, relics, Aboriginal objects in the form of grave goods, or an Aboriginal place of heritage significance.\n> \n> > (4) Must not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent.\n> \n> > (5) Must not be on land shown as “Coastal erosion risk” on the [Coastal Erosion Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/port-macquarie-hastings-local-environmental-plan).","sortOrder":239},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Dams (Zones RU1, RU2 and RU6)","content":"#### sch.2-sec-oc.2 Dams (Zones RU1, RU2 and RU6)\n\nDams (Zones RU1, RU2 and RU6)\n\n> > (1) Maximum embankment fill batter grades—1:2.5 (vertical:horizontal).\n> \n> > (2) Minimum distance from property boundary at closest point—10m.\n> \n> > (3) Minimum fill embankment crest width—3m.\n> \n> > (4) Minimum height difference between the embankment crest level and the spillway level—1m.\n> \n> > (5) Maximum fill embankment height, as measured from ground level (existing) immediately down slope of the embankment to the top of the embankment crest level—3m.\n> \n> > (6) Must not be in any area identified on the [Acid Sulfate Soils Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/port-macquarie-hastings-local-environmental-plan).\n> \n> > (7) Maximum capacity of water storage—3ML.\n> \n> > (8) Must not be constructed in a watercourse.\n> \n> > (9) Must not be within 40m of any part of an on-site effluent disposal system.","sortOrder":240},{"sectionNumber":"sch.2-sec-oc.3","sectionType":"section","heading":"Lighting (external)","content":"#### sch.2-sec-oc.3 Lighting (external)\n\nLighting (external)\n\n> > (1) Must not be for the lighting of tennis courts or sports grounds.\n> \n> > (2) Constructed and maintained so that light spill is contained within site and in accordance with AS 4282–1997, Control of the obtrusive effects of outdoor lighting.\n> \n> > (3) Construction and maintenance of lighting at or in vicinity of air transport facilities if consistent with Manual of Standards (MOS)—Part 139—Aerodromes published by the Civil Aviation Safety Authority (established under the [Civil Aviation Act 1988](http://www.legislation.gov.au/) of the Commonwealth).","sortOrder":241},{"sectionNumber":"sch.2-sec-oc.4","sectionType":"section","heading":"Signage—sports field advertising","content":"#### sch.2-sec-oc.4 Signage—sports field advertising\n\nSignage—sports field advertising\n\n> > (1) Must be facing the playing area on the inside of a fence around the playing surface.\n> \n> > (2) Must provide information about sponsors, or products of sponsors, of teams or organisations using the sporting facility.\n> \n> > (3) Must not be artificially illuminated.\n> \n> > (4) Maximum height above ground level (existing)—1.2m.\n> \n> > (5) Minimum height above ground level (existing)—0.2m.","sortOrder":242},{"sectionNumber":"sch.2-sec-oc.5","sectionType":"section","heading":"Signage—Council-owned public roads and road-related areas","content":"#### sch.2-sec-oc.5 Signage—Council-owned public roads and road-related areas\n\nSignage—Council-owned public roads and road-related areas\n\n> > (1) Must—\n> > \n> > > (a) relate to community information and events, or\n> > \n> > > (b) display an advertisement and be affixed to a public seat or a bus shelter.\n> \n> > (2) Must be consistent with road safety policies and guidelines on outdoor advertising approved by the Planning Secretary for the purposes of [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Schedule 1.\n> \n> Note.\n> \n> Consent of the appropriate roads authority to the signage under section 138 (1) of the [Roads Act 1993](/view/html/inforce/current/act-1993-033) may still be required.","sortOrder":243},{"sectionNumber":"sch.2-sec-oc.6","sectionType":"section","heading":"Subdivision","content":"#### sch.2-sec-oc.6 Subdivision\n\nSubdivision\n\n> Must relate to land comprising a council public road proposed for closure under Division 3 of Part 4 of the [Roads Act 1993](/view/html/inforce/current/act-1993-033).","sortOrder":244},{"sectionNumber":"sch.2-sec-oc.7","sectionType":"section","heading":"Wind energy generating works (other than in Zone RU1, RU2, RU3 or RU4)","content":"#### sch.2-sec-oc.7 Wind energy generating works (other than in Zone RU1, RU2, RU3 or RU4)\n\nWind energy generating works (other than in Zone RU1, RU2, RU3 or RU4)\n\n> > (1) Maximum height above ground level (existing)—2.7m, or the maximum height permitted for the Limitation or Operations Surface in clause 7.7, whichever is less.\n> \n> > (2) Must be located behind the building line.\n> \n> > (3) Maximum generating capacity for wind turbines—2Kw.\n> \n> > (4) Noise emissions must not be audible inside any adjoining dwelling between 10.00 pm and 7.00 am on weekdays, and between 10.00 pm and 8.00 am on Saturdays, Sundays and public holidays. At all other times, noise levels must not exceed 5dBA above ambient background noise level measured at the lot boundary.\n> \n> > (5) Must not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent.\n> \n> > (6) Must not be carried out on land that is shown as “Coastal erosion risk” on the [Coastal Erosion Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/port-macquarie-hastings-local-environmental-plan).\n> \n> > (7) Must not be carried out on a heritage item.\n> \n> > (8) Must be located at least 1m from a registered easement, sewer main or water main.","sortOrder":245},{"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 2011 (363), Sch 17 \\[44\\] \\[45\\]; 2011 (444), Sch 1 \\[4\\]. Subst 2018 (295), Sch 1 \\[4\\].","sortOrder":246},{"sectionNumber":"sch.3-sec","sectionType":"section","heading":"General conditions","content":"#### sch.3-sec General conditions\n\nGeneral conditions\n\n> Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).","sortOrder":249},{"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 2011 (310), Sch 1; 2017 (15), cl 5 (1).","sortOrder":250},{"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 2011 (363), Sch 17 \\[46\\] \\[47\\]; 2012 (76), Sch 1 \\[14\\]–\\[18\\]; 2012 (485), Sch 1 \\[1\\]–\\[3\\]; 2015 (77), Sch 1 \\[11\\]; 2015 (761), Sch 1 \\[8\\] \\[9\\]; 2018 (763), Sch 1 \\[5\\] \\[6\\].","sortOrder":254},{"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":259},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":261},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":263}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The plan has been amended over 80 times since its original commencement in February 2011. While the core purpose — regulating land use across the Port Macquarie-Hastings area — has remained constant, the accumulated amendments over 14 years almost certainly reflect significant changes to zoning of specific lands, permissible land uses, development standards, and the inclusion of new areas or site-specific provisions. This level of amendment activity strongly suggests the plan's practical scope has evolved considerably beyond its original intent."},"complexity_factors":["Extremely high amendment frequency — over 80 versions since 2011, making it very difficult to track what rules apply at any given point in time","Operates under the NSW standard instrument LEP framework, which itself is a complex regulatory system requiring knowledge of the Environmental Planning and Assessment Act 1979","Land use zoning tables and permissibility matrices are inherently technical — whether something is allowed depends on cross-referencing multiple provisions","Includes site-specific and area-specific provisions (like local clauses and maps) that vary significantly across different parts of the Port Macquarie-Hastings area","Interacts with state environmental planning policies (SEPPs) and development control plans (DCPs), so the LEP alone doesn't give the full picture","Heritage, biodiversity, flood, and coastal hazard overlays add additional layers of complexity on top of base zoning rules","Only the status page was provided — the substantive content of the plan (the actual zones, maps, and clauses) was not included, limiting full analysis"],"plain_english_summary":"The Port Macquarie‑Hastings Local Environmental Plan 2011 is the legally binding planning rulebook that controls land use and development across the Port Macquarie‑Hastings LGA — setting zones, development standards, protections for heritage and environment, and what activities need council approval.\n\nIt affects property owners, developers, businesses, buyers and neighbours by determining what can be built or run where. Originally made in 2011, it has been amended over 80 times; the current version is December 2025."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"Based solely on the supplied notes, the Plan establishes comprehensive zoning, development standards and exclusions for the Port Macquarie‑Hastings area. The notes do not indicate any alteration of the Plan’s geographic or subject‑matter scope from its original intent; they set out the operative coverage, mapped controls, listed development categories and savings/exclusion rules."},"complexity_factors":["Extensive mapping regime interacting with textual rules (Maps: cl 1.7, cl 2.2; Height/FSR/ Lot Size maps: cl 4.3–4.5, cl 4.1)","Detailed zone‑based land use table and zone objectives that guide consent decisions (cl 2.3)","Multiple development categories with different approval paths and standards: exempt, complying, and development consent (cl 3.1–3.3; Schedules 2–3 referenced)","Layered subdivision controls and numerous exceptions (minimum lot sizes, community title, rural exceptions, boundary adjustments) that cross‑reference maps and dates (cl 4.1–4.2C)","Interplay with State Environmental Planning Policies and other Acts, plus savings and repeal rules that affect existing DAs (cl 1.9, cl 1.8, cl 1.8A)","Heritage, Aboriginal, environmentally sensitive area and conservation exclusions that bar or restrict development in defined areas (cl 3.3; cl 5.10; Part 3 conservation clauses)","Technical development standards (FSR definitions and site area rules, roof features, fire alarm conversions, aquaculture pond design and discharge rules) requiring technical compliance (cl 4.5; cl 5.6; cl 5.8; Part 3)","Consent authority discretion and conditional controls (Council as consent authority, ability to require covenants, restoration conditions, and specific consent tests) creating case‑by‑case assessment workload (cl 1.6; cl 4.5(9); cl 2.8)"],"plain_english_summary":"Sets local land-use rules for Port Macquarie‑Hastings: zoning maps, lists what development is permitted, requires development consent for most subdivisions/demolitions, sets lot sizes, height and floor‑space limits, and imposes heritage, environmental and aquaculture controls. It affects landowners, developers and the Council (the consent authority); applicants bear compliance costs and must meet mapped limits and environmental/heritage tests before Council will grant or condition consent."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":866},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as a comprehensive local environmental plan. While it has been amended numerous times (as evidenced by amendment notes throughout), these amendments appear to be refinements and updates rather than scope expansion. The core structure covering zoning, development standards, environmental protection, and heritage remains intact from the original 2011 plan."},"complexity_factors":["25 distinct land use zones with detailed objectives and permitted/prohibited uses for each","Extensive cross-referencing to external maps (Land Zoning Map, Lot Size Map, Height of Buildings Map, Floor Space Ratio Map, Heritage Map, Koala Habitat Map, Coastal Erosion Map, Acid Sulfate Soils Map, Acoustic Controls Map, Additional Permitted Uses Map, Clause Application Map)","Multiple schedules containing detailed technical requirements (Schedules 1-6 covering additional uses, exempt development, complying development, public land classification, heritage, and aquaculture)","Nested exceptions and conditional provisions throughout (e.g., clause 4.2A with 5 subclauses and multiple limbs, clause 5.4 with 10 numbered subclauses)","Heritage provisions with 4 separate categories (items, conservation areas, archaeological sites, Aboriginal objects/places) and detailed assessment requirements","Flood planning clauses (5.21-5.22) with multiple objectives, criteria, and defined terms referencing external guidelines","Aquaculture provisions (clause 5.19, Schedule 6) with zone-specific restrictions and operational requirements","Multiple amendment references showing evolutionary complexity (e.g., Land Use Table amended 20+ times since 2011)","Savings provisions and transitional arrangements (clauses 1.8A, 1.9) that interact with other legislation","Design excellence requirements (clause 7.11A) with 11 specific assessment matters"],"plain_english_summary":"This is the **Port Macquarie-Hastings Local Environmental Plan 2011**, a planning rulebook that controls what can be built and done on land in the Port Macquarie-Hastings area on the NSW Mid North Coast.\n\n**What it does:**\n\n- **Zones the land** into 25 different categories — from rural areas (primary production, forestry, villages) to residential zones (low to high density), employment zones (local centres, industrial), mixed use, special purposes, recreation, conservation areas, and waterways. Each zone has specific rules about what development is allowed, requires approval, or is banned.\n\n- **Sets development standards** including minimum lot sizes for subdivisions, building heights, and floor space ratios (how much building you can put on a site).\n\n- **Protects the environment** through special rules for koala habitat, coastal erosion risks, acid sulfate soils, flood-prone land, and heritage items (including Aboriginal cultural sites).\n\n- **Controls specific uses** like bed and breakfast accommodation (max 4 bedrooms), home businesses (max 60 sqm), secondary dwellings, and farm stay accommodation.\n\n- **Manages hazards** including bushfire, flooding, and aircraft noise near Port Macquarie Airport.\n\n- **Provides fast-track approvals** for \"exempt development\" (no approval needed) and \"complying development\" (approval via a certificate, not a full application) for straightforward projects.\n\n- **Protects heritage** through a detailed schedule of heritage items, conservation areas, archaeological sites, and Aboriginal places.\n\n**Who it affects:**\n\n- Property owners, developers, and businesses wanting to build or change land use\n- Farmers and rural landholders\n- The local council (Port Macquarie-Hastings Council) as the consent authority\n- State agencies responsible for infrastructure, national parks, and airports\n\n**Why it matters:**\n\nThis Plan shapes how the region grows — balancing housing needs, economic development, tourism, and environmental protection. It aims to prevent unsustainable sprawl, protect agricultural land and natural areas, manage natural hazards like floods and coastal erosion, and maintain the area's character while supporting arts, culture, and local employment."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/port-macquarie-hastings-local-environmental-plan-2011","history":"/api/acts/port-macquarie-hastings-local-environmental-plan-2011/history","analysis":"/api/acts/port-macquarie-hastings-local-environmental-plan-2011/analysis","conflicts":"/api/acts/port-macquarie-hastings-local-environmental-plan-2011/conflicts","importantCases":"/api/acts/port-macquarie-hastings-local-environmental-plan-2011/important-cases","documents":"/api/acts/port-macquarie-hastings-local-environmental-plan-2011/documents"}}