{"id":"nsw:epi-2013-0755","name":"Port Stephens Local Environmental Plan 2013","slug":"port-stephens-local-environmental-plan-2013","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"755 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181306,"registerId":"nsw-nsw:epi-2013-0755-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 Stephens Local Environmental Plan 2013](/view/html/inforce/current/epi-2013-0755).","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Permitted or prohibited development","content":"# Part 2 Permitted or prohibited development\n\nPart 2 Permitted or prohibited development","sortOrder":13},{"sectionNumber":"2","sectionType":"section","heading":"Land use zones","content":"#### 2 Land use zones\n\n2.1 Land use zones\n\n> The land use zones under this Plan are as follows—\n> \n> > Rural Zones\n> \n> > RU1 Primary Production\n> > \n> > RU2 Rural Landscape\n> > \n> > RU3 Forestry\n> > \n> > RU5 Village\n> \n> > Residential Zones\n> \n> > R1 General Residential\n> > \n> > R2 Low Density Residential\n> > \n> > R3 Medium Density Residential\n> > \n> > R5 Large Lot Residential\n> \n> > Employment Zones\n> \n> > E1 Local Centre\n> > \n> > E2 Commercial Centre\n> > \n> > E3 Productivity Support\n> > \n> > E4 General Industrial\n> \n> > Mixed Use Zones\n> \n> > MU1 Mixed Use\n> \n> > Special Purpose Zones\n> \n> > SP1 Special Activities\n> > \n> > SP2 Infrastructure\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> > W4 Working Waterfront\n> \n> **cl 2.1:** Am 2022 (828), Sch 1.18\\[1\\] \\[2\\]; 2025 (153), Sch 1\\[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\nNote 2—\n\nUnder the [Standard Instrument (Local Environmental Plans) Order 2006](/view/html/inforce/current/epi-2006-0155), Schedule 1, clause 6(2), this Plan is, until 26 April 2025, taken to apply to land identified as “Land subject to Williamtown Special Activation Precinct Process” on the [Land Zoning Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/port-stephens-local-environmental-plan-2013) (the subject land) as if certain amendments to this Plan had not commenced on 26 April 2023. As a result, until 26 April 2025 and to the extent this Plan applies to the subject land, this Plan is taken to include the references to business and industrial zones that were in this Plan immediately before 26 April 2023.\n\n**Land Use tbl:** Am 2017 (493), Sch 1.1 \\[1\\] \\[2\\]; 2018 (488), Sch 1.1 \\[1\\]; 2019 (137), Sch 6 \\[1\\]; 2019 (594), Sch 1\\[1\\]–\\[3\\]; 2019 (621), Sch 3; 2021 (714), Sch 10.12; 2022 (83), Sch 1\\[2\\]–\\[7\\]; 2022 (314), Sch 1; 2022 (585), Sch 1\\[1\\]–\\[4\\]; 2022 (727), Sch 4.5; 2022 (828), Sch 1.18\\[3\\]; 2024 (42), Sch 1.33\\[1\\]; 2025 (153), Sch 1\\[2\\].\n\nZone RU1 Primary Production\n\nZone RU2 Rural Landscape\n\nZone RU3 Forestry\n\nZone RU5 Village\n\nZone R1 General Residential\n\nZone R2 Low Density Residential\n\nZone R3 Medium Density Residential\n\nZone R5 Large Lot Residential\n\nZone E1 Local Centre\n\nZone E2 Commercial Centre\n\nZone E3 Productivity Support\n\nZone E4 General Industrial\n\nZone MU1 Mixed Use\n\nZone SP1 Special Activities\n\nZone SP2 Infrastructure\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 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; Airstrips; Animal boarding or training establishments; Aquaculture; Artisan food and drink industries; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Cellar door premises; Charter and tourism boating facilities; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Group homes; Helipads; Home-based child care; Home businesses; Home industries; Intensive livestock agriculture; Jetties; Landscaping material supplies; Open cut mining; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Research stations; Roads; Roadside stalls; Rural industries; Rural supplies; Secondary dwellings; Tourist and visitor accommodation; Turf farming; Water recreation structures; Water supply systems","sortOrder":33},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Backpackers’ accommodation; Hotel or motel accommodation; Serviced apartments; Any other development not specified in item 2 or 3","sortOrder":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":131},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":135},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":150},{"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-stephens-local-environmental-plan-2013) (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).\n> > \n> > | Type of land shown on Map | Authority of the State |\n> > | Zone RE1 Public Recreation and marked “Local open space” | Council |\n> > | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |\n> > | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |\n> > | Zone SP2 Infrastructure and marked “Local road” | Council |\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":151},{"sectionNumber":"Part 6","sectionType":"part","heading":"Urban release areas","content":"# Part 6 Urban release areas\n\nPart 6 Urban release areas","sortOrder":177},{"sectionNumber":"6","sectionType":"section","heading":null,"content":"#### 6\n\n6.1 (Repealed)","sortOrder":178},{"sectionNumber":"Part 7","sectionType":"part","heading":"Additional local provisions","content":"# Part 7 Additional local provisions\n\nPart 7 Additional local provisions","sortOrder":185},{"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-stephens-local-environmental-plan-2013) as being of the class specified for those works.\n> > \n> > | Class of land | Works |\n> > | 1 | Any works. |\n> > | 2 | Works below the natural ground surface.Works by which the watertable is likely to be lowered. |\n> > | 3 | Works more than 1 metre below the natural ground surface.Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface. |\n> > | 4 | Works more than 2 metres below the natural ground surface.Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface. |\n> > | 5 | Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land. |\n> \n> > (3) Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.\n> \n> > (4) Despite subclause (2), development consent is not required under this clause for the carrying out of works if—\n> > \n> > > (a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and\n> > \n> > > (b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.\n> \n> > (5) Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—\n> > \n> > > (a) emergency work, being the repair or replacement of the works of the public authority, required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,\n> > \n> > > (b) routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),\n> > \n> > > (c) minor work, being work that costs less than $20,000 (other than drainage work).\n> \n> > (6) Despite subclause (2), development consent is not required under this clause to carry out any works if—\n> > \n> > > (a) the works involve the disturbance of less than 1 tonne of soil, and\n> > \n> > > (b) the works are not likely to lower the watertable.","sortOrder":186},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Additional permitted uses","content":"# Schedule 1 Additional permitted uses\n\nSchedule 1 Additional permitted uses\n\n(Clause 2.5)\n\n**sch 1:** Am 2015 (726), Sch 1; 2016 (10), cl 4; 2016 (673), Sch 1; 2018 (198), cl 5; 2020 (47), cl 5; 2022 (200), cl 5; 2024 (85), Sch 1; 2026 (92), Sch 1.","sortOrder":213},{"sectionNumber":"2A","sectionType":"section","heading":"Use of certain land at Heatherbrae","content":"#### 2A Use of certain land at Heatherbrae\n\n2A Use of certain land at Heatherbrae\n\n> > (1) This clause applies to the following land—\n> > \n> > > (a) 2285 Pacific Highway, Heatherbrae, being Lot 1, DP 350551,\n> > \n> > > (b) 5 Rainbird Close, Heatherbrae, being Lot 1, DP 264023,\n> > \n> > > (c) 3 Rainbird Close, Heatherbrae, being Lot 2, DP 264023,\n> > \n> > > (d) 1 Kingston Parade, Heatherbrae, being Lot 3, DP 264023,\n> > \n> > > (e) 2283 Pacific Highway, Heatherbrae, being part Lot 101, DP 807522.\n> \n> > (2) Development for any of the following purposes is permitted with development consent—\n> > \n> > > (a) service stations,\n> > \n> > > (b) restaurants or cafes,\n> > \n> > > (c) take away food and drink premises.","sortOrder":216},{"sectionNumber":"8","sectionType":"section","heading":"Use of certain land at 142 Kindlebark Drive, Medowie","content":"#### 8 Use of certain land at 142 Kindlebark Drive, Medowie\n\n8 Use of certain land at 142 Kindlebark Drive, Medowie\n\n> > (1) This clause applies to land at 142 Kindlebark Drive, Medowie, being Lot 10, DP 1154803.\n> \n> > (2) Development for any of the following purposes is permitted with development consent—\n> > \n> > > (a) business premises, a shop and take away food and drink premises,\n> > \n> > > (b) cellar door premises,\n> > \n> > > (c) function centre,\n> > \n> > > (d) hotel or motel accommodation,\n> > \n> > > (e) restaurant or cafe,\n> > \n> > > (f) small bar.\n> \n> > (3) Development consent must not be granted to any development for the purposes set out in subclause (2)(a) unless—\n> > \n> > > (a) the gross floor area of each business premises, shop and take away food and drink premises does not exceed 100m2, and\n> > \n> > > (b) the total floor area of all business premises, shops and take away food and drink premises does not exceed 15% of the area of the land to which this clause applies.","sortOrder":222},{"sectionNumber":"9","sectionType":"section","heading":"Use of certain land at 2A and 2B Lavis Lane, Williamtown","content":"#### 9 Use of certain land at 2A and 2B Lavis Lane, Williamtown\n\n9 Use of certain land at 2A and 2B Lavis Lane, Williamtown\n\n> > (1) This clause applies to land at 2A and 2B Lavis Lane, Williamtown, being Lots 1 and 2, DP 1259572.\n> \n> > (2) Development for the purpose of a service station is permitted with development consent.","sortOrder":223},{"sectionNumber":"10","sectionType":"section","heading":"Use of certain land in Anna Bay and Bobs Farm","content":"#### 10 Use of certain land in Anna Bay and Bobs Farm\n\n10 Use of certain land in Anna Bay and Bobs Farm\n\n> > (1) This clause applies to the land identified as “Caravan parks” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/port-stephens-local-environmental-plan-2013).\n> \n> > (2) Development for the purposes of caravan parks is permitted with development consent.","sortOrder":224},{"sectionNumber":"11","sectionType":"section","heading":"Use of certain land at 254 Tarean Road, Karuah","content":"#### 11 Use of certain land at 254 Tarean Road, Karuah\n\n11 Use of certain land at 254 Tarean Road, Karuah\n\n> > (1) This clause applies to Lot 1, DP 507141, 254 Tarean Road, Karuah.\n> \n> > (2) Development for the purposes of service stations is permitted with development consent.","sortOrder":225},{"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 2022 (83), Sch 1\\[11\\] \\[12\\].","sortOrder":226},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Signage—sports field advertising","content":"#### sch.2-sec Signage—sports field advertising\n\nSignage—sports field advertising\n\n> > (1) Must be located on an amenity facility or ancillary structure.\n> \n> > (2) Must be installed in accordance with—\n> > \n> > > (a) AS/NZS 1170.0:2002, Structural design actions, Part 0: General principles, and\n> > \n> > > (b) AS/NZS 1170.2:2021, Structural design actions, Part 2: Wind actions.\n> \n> > (3) Must only provide information about sponsors, or products of sponsors, of teams or organisations using the sporting facility.\n> \n> > (4) Must not contain direct advertising for the following—\n> > \n> > > (a) alcohol or tobacco products,\n> > \n> > > (b) gambling,\n> > \n> > > (c) a form of entertainment involving nudity, an act of indecency, or sexual activity.\n> \n> > (5) Must not be illuminated.\n> \n> > (6) Must not obstruct a gate, access point or walkway.\n> \n> > (7) Must be removable.","sortOrder":227},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Temporary use of Council land, schools and places of public worship","content":"#### sch.2-sec-oc.2 Temporary use of Council land, schools and places of public worship\n\nTemporary use of Council land, schools and places of public worship\n\n> > (1) Must be the temporary use of—\n> > \n> > > (a) land owned by the Council, or\n> > \n> > > (b) land, including roads and Crown land, for which the Council has care, control or management, or\n> > \n> > > (c) a school, or\n> > \n> > > (d) a place of public worship.\n> \n> > (2) Must be for a maximum period of 52 days, whether consecutive or not, in a 12-month period.\n> \n> > (3) Must be of minor impact.\n> \n> > (4) Must not—\n> > \n> > > (a) compromise future development on the land, or\n> > \n> > > (b) adversely impact—\n> > > \n> > > > (i) adjoining land, or\n> > > \n> > > > (ii) the amenity of the neighbourhood, or\n> > \n> > > (c) in relation to the use and location of related structures—\n> > > \n> > > > (i) adversely impact the environmental attributes or features of the land, or\n> > > \n> > > > (ii) increase the risk of natural hazards that may affect the land.\n> \n> > (5) Must involve, at the end of the use, the restoration of the land, as far as practicable, to the condition it was in before the use commenced.\n> \n> Note—\n> \n> Approvals may be required under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) and other legislation in relation to the temporary use, including for the closure of roads, the erection of temporary structures and the conduct of activities on public land.","sortOrder":228},{"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":229},{"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":232},{"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 2014 (827), cl 4 (1) (2); 2016 (329), Sch 1 \\[1\\] \\[2\\]; 2018 (18), cl 4; 2023 (521), Sch 1.","sortOrder":233},{"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 2019 (594), Sch 1\\[4\\]–\\[31\\]; 2024 (455), Sch 1\\[2\\].","sortOrder":237},{"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":241},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":243},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":245}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The plan has undergone more than 70 amendments over approximately 12 years since its original commencement in December 2013. This volume of amendments strongly indicates that its scope, zoning provisions, permitted land uses, and development standards have evolved substantially beyond the original instrument — reflecting population growth, policy changes, state government planning reforms, and site-specific rezonings across the Port Stephens area."},"complexity_factors":["Standard instrument Local Environmental Plans (LEPs) follow a mandated NSW government template but still contain highly technical zoning maps, land use tables, and development standards specific to the local area","Over 70 amendments since 2013 means the current version is a product of layered changes — tracking what applies to a specific parcel of land requires comparing multiple versions","Operates within a multi-layered planning framework: must be read alongside State Environmental Planning Policies (SEPPs), Development Control Plans (DCPs), and the Environmental Planning and Assessment Act 1979","Contains extensive zoning classifications (residential, commercial, industrial, rural, environmental protection, etc.), each with different permitted, prohibited, and consent-required uses","Relies heavily on maps (land zoning maps, height of buildings maps, lot size maps, heritage maps, etc.) that are not reproduced in plain text — understanding the plan requires cross-referencing these spatial documents","Heritage and environmental protection provisions introduce additional layers of assessment and discretion","Frequent amendments create risk of confusion about which version applied at a particular date — relevant for development applications lodged under historical versions","The plan is only accessible with full meaning when read alongside council-specific Development Control Plans that add further detailed rules"],"plain_english_summary":"The Port Stephens Local Environmental Plan 2013 is the primary legal planning rulebook for the Port Stephens LGA, setting what land uses and development are allowed, where, and when council approval is required. It directly affects property owners, buyers, developers and businesses in the area because it controls building form, permitted activities and protected land. Amended over 70 times, the current version has been in force since 13 March 2026."},"issue_detection":{"absurdities":[],"contradictions":[]},"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 consolidates and replaces earlier local instruments (see repeal of prior LEPs at cl 1.8) and has been amended repeatedly to add site‑specific uses, new zones and overlay controls (see numerous amendment notes throughout the instrument). The text itself preserves transitional/saved arrangements (eg, Land Use Table note about the Williamtown precinct) and inserts new clauses addressing airspace (cl 7.4), flood guidance (cls 5.21–5.22) and detailed lot‑size exceptions (cls 4.1AA–4.1E), indicating the Plan’s scope has expanded and been refined since the original instrument."},"complexity_factors":["Map‑dependent regime: zoning, lot sizes, height and FSR are applied via multiple maps rather than only text (cl 1.7; cl 2.2; cls 4.3–4.4).","Large, detailed Land Use Table with zone‑by‑zone permitted/consent/prohibited lists increases decision permutations (cl 2.3; Land Use Table).","Layered numeric standards and many targeted exceptions for subdivision, strata/community schemes, dual occupancies and small‑lot exceptions (cls 4.1; 4.1AA; 4.1A; 4.1B; 4.1C; 4.1D).","Broad discretionary powers and exception pathway for contravening development standards require written justification and record‑keeping (cl 4.6(2)‑(4)).","Multiple environmental, heritage and hazard overlays with substantive consent preconditions and management plan requirements (cls 5.10; 7.1; 7.9; 5.21).","Interlocking State and Commonwealth instruments and consultation hooks (SEPPs, BASIX, Commonwealth airspace body) create cross‑jurisdictional complexity (cl 1.9; cl 4.6(8); cl 7.4).","Numerous site‑specific schedules and additional permitted uses mean bespoke rules for particular properties (Schedule 1; Schedule 5 heritage listings).","Exempt and complying development streams require technical compliance with Building Code/BASIX and other regimes, limiting 'fast track' options (cls 3.1–3.3; Schedules 2–3).","Procedural controls linking development to infrastructure availability, staging and service provision add conditionality (cls 6.2–6.3; cl 7.6).","Frequent amendments and saved provisions noted in the text (multiple amending notes) increase interpretive load for users and practitioners."],"plain_english_summary":"Mechanically, the Plan sets the zoning, permitted/prohibited uses, development consent rules and numerical standards (lot sizes, heights, floor‑space ratios) for land in Port Stephens, using maps and schedules to apply site‑specific rules. It directly affects landowners, developers, the Council (the consent authority) and relevant State or Commonwealth agencies by deciding what may be built where, what approvals are needed and what environmental, heritage and infrastructure conditions apply — changing costs, timelines and approval paths."},"kimi_summary":{"_metrics":{"completionTokens":766},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Plan has expanded significantly from its original 2013 scope. Originally focused on standard local environmental planning, it has grown to include: special provisions for the Williamtown Special Activation Precinct (defence/airport-related employment); detailed aquaculture and intensive livestock controls; specific site-by-site development rules (Schedules 1-4); coastal dune field protections (added 2025); active street frontage requirements; and music venue protections. The Land Use Table shows extensive amendments through 2025, indicating continuous expansion of scope."},"complexity_factors":["25+ land use zones with detailed permitted/prohibited use tables","Multiple overlay maps referenced (Land Zoning, Lot Size, Height, Floor Space Ratio, Heritage, Wetlands, Acid Sulfate Soils, etc.)","Nested exceptions to development standards (clauses 4.1, 4.1AA, 4.1A, 4.1B, 4.1C, 4.1D, 4.1E, 4.2, 4.2A, 4.2B)","Extensive cross-referencing to State Environmental Planning Policies and other legislation","Site-specific provisions in Schedule 1 for particular parcels of land","Heritage provisions with multiple notification and assessment requirements","Aquaculture and intensive livestock provisions with technical operational requirements","Flood planning clauses with climate change considerations","Airspace and aircraft noise controls for RAAF Base Williamtown","Active street frontage and urban design controls in specific precincts"],"plain_english_summary":"This is the **Port Stephens Local Environmental Plan 2013**, a planning rulebook that controls what can be built and how land can be used across the Port Stephens area in New South Wales.\n\n**What it does:**\n- **Divides land into zones** (like RU1 Primary Production, R1 General Residential, E1 Local Centre, C2 Environmental Conservation) — each zone has rules about what activities are allowed, need approval, or are banned\n- **Sets development standards** — minimum lot sizes for subdivisions, maximum building heights, floor space ratios, and special rules for things like dual occupancies and rural land\n- **Protects sensitive areas** — includes special protections for wetlands, drinking water catchments, heritage sites, flood-prone land, and coastal dune fields\n- **Controls specific uses** — has detailed rules for things like intensive livestock farming, aquaculture, eco-tourist facilities, and even music venues (protecting live music from being refused on genre grounds)\n- **Provides fast-track approvals** — identifies \"exempt\" development (no approval needed) and \"complying\" development (fast approval if standards are met)\n\n**Who it affects:**\n- **Property owners and developers** — anyone wanting to build, subdivide, or change land use\n- **Farmers and rural landholders** — special rules for primary production, rural subdivisions, and secondary dwellings\n- **Businesses** — controls on shop sizes, industrial uses, and location of sensitive uses like sex services premises\n- **The community** — protects environmental values, heritage, and neighbourhood amenity\n\n**Why it matters:**\nThis Plan shapes how Port Stephens grows — balancing housing, jobs, farming, tourism, and environmental protection. It determines whether you can build a granny flat, open a shop, run a farm, or develop a new suburb. The Plan has been amended multiple times (notably in 2022 and 2025) to update zones and respond to local needs like the Williamtown defence precinct and coastal protection."}},"importantCases":[],"_links":{"self":"/api/acts/port-stephens-local-environmental-plan-2013","history":"/api/acts/port-stephens-local-environmental-plan-2013/history","analysis":"/api/acts/port-stephens-local-environmental-plan-2013/analysis","conflicts":"/api/acts/port-stephens-local-environmental-plan-2013/conflicts","importantCases":"/api/acts/port-stephens-local-environmental-plan-2013/important-cases","documents":"/api/acts/port-stephens-local-environmental-plan-2013/documents"}}