{"id":"nsw:epi-2014-0051","name":"Shoalhaven Local Environmental Plan (Jerberra Estate) 2014","slug":"shoalhaven-local-environmental-plan-jerberra-estate-2014","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"51 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181212,"registerId":"nsw-nsw:epi-2014-0051-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 [Shoalhaven Local Environmental Plan (Jerberra Estate) 2014](/view/html/inforce/current/epi-2014-0051).","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":12},{"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> > Conservation Zones\n> \n> > C2 Environmental Conservation\n> > \n> > C3 Environmental Management\n> > \n> > C4 Environmental Living","sortOrder":13},{"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 2019 (137), Sch 6 \\[1\\].\n\nZone C2 Environmental Conservation\n\nZone C3 Environmental Management\n\nZone C4 Environmental Living","sortOrder":29},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Bed and breakfast accommodation; Dwelling houses; Emergency services facilities; Environmental facilities; Environmental protection works; Home businesses; Oyster aquaculture; Recreation areas; Research stations; Roads; Sewerage systems; Water recreation structures; Water supply systems","sortOrder":32},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3","sortOrder":33},{"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":42},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":46},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":55},{"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/shoalhaven-local-environmental-plan-jerberra-estate) (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> > When this Plan was made it did not include any of these zones.\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":56},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":82},{"sectionNumber":"6","sectionType":"section","heading":"Earthworks","content":"#### 6 Earthworks\n\n6.1 Earthworks\n\n> > (1) The objective of this clause is to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.\n> \n> > (2) Development consent is required for earthworks unless—\n> > \n> > > (a) the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or\n> > \n> > > (b) the earthworks are ancillary to development that is permitted without consent under this Plan or to development for which development consent has been given.\n> \n> > (3) Before granting development consent for earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters—\n> > \n> > > (a) the likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development,\n> > \n> > > (b) the effect of the development on the likely future use or redevelopment of the land,\n> > \n> > > (c) the quality of the fill or the soil to be excavated, or both,\n> > \n> > > (d) the effect of the development on the existing and likely amenity of adjoining properties,\n> > \n> > > (e) the source of any fill material and the destination of any excavated material,\n> > \n> > > (f) the likelihood of disturbing relics,\n> > \n> > > (g) the proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area,\n> > \n> > > (h) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.\n> \n> Note.\n> \n> The [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), particularly section 86, deals with harming Aboriginal objects.","sortOrder":83},{"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(When this Plan was made this Schedule was blank)","sortOrder":90},{"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.","sortOrder":91},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Lighting (external)","content":"#### sch.2-sec Lighting (external)\n\nLighting (external)\n\n> > (1) Must not be for the lighting of tennis courts or sports fields.\n> \n> > (2) Must not be directed onto adjoining properties or a public street.\n> \n> > (3) Must not be directed onto a State road.","sortOrder":92},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Solid fuel or oil heaters","content":"#### sch.2-sec-oc.2 Solid fuel or oil heaters\n\nSolid fuel or oil heaters\n\n> > (1) Oil-fired appliances must comply with AS/NZS 1691:1985, Domestic oil-fired appliances—Installation.\n> \n> > (2) Solid fuel burning appliances—\n> > \n> > > (a) Must comply with AS/NZS 4013:1999, Domestic solid fuel burning appliances—Method for determination of flue gas emission.\n> > \n> > > (b) Must be installed in accordance with AS/NZS 2918:2001, Domestic solid fuel burning appliances—Installation.\n> > \n> > > (c) Flue or chimney must not terminate in such a position as to constitute—\n> > > \n> > > > (i) a risk of fire to nearby combustibles, or\n> > > \n> > > > (ii) a risk of penetration of the flue gases through nearby windows or other openings, fresh air inlets, mechanical ventilation inlet or exhaust, or the like.\n> > \n> > > (d) Flue or chimney height must be at least 1m above the height of any structure or topographical feature within a 15m radius of the chimney with a maximum chimney height of 2m above the ridge of the roof on which it is installed.","sortOrder":93},{"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":94},{"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":97},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Classification and reclassification of public land","content":"# Schedule 4 Classification and reclassification of public land\n\nSchedule 4 Classification and reclassification of public land\n\n(Clause 5.2)","sortOrder":98},{"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(When this Plan was made this Schedule was blank)","sortOrder":102},{"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)\n\n**sch 6 (as originally notified):** Rep 2014 (51), cl 1.8 (3).","sortOrder":103},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":105},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":107},{"sectionNumber":"7","sectionType":"section","heading":"Conservation exclusion zones","content":"#### 7 Conservation exclusion zones\n\n7 Conservation exclusion zones\n\n> > (1) Must not be carried out on the following land, except to the extent necessary to gain access to water—\n> > \n> > > (a) land declared an area of outstanding biodiversity value under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063),\n> > \n> > > (b) vacant Crown land,\n> > \n> > > (c) land within a wetland of international significance declared under the Ramsar Convention on Wetlands.\n> \n> Note.\n> \n> Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.","sortOrder":115},{"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":116},{"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":118},{"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":119},{"sectionNumber":"11","sectionType":"section","heading":"Culture water","content":"#### 11 Culture water\n\n11 Culture water\n\n> Must use freshwater.","sortOrder":120}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Plan's scope has been modified since its original enactment. The text records later insertions and amendments (for example cl 1.9A—suspension of covenants—added 2019 (621), Sch 5[2]–[4]; cl 5.4 amended 2018 (406), Sch 1.22; cl 6.3 amended 2023 (523); cl 4.2A amended 2024 (42), Sch 1.37[1]–[4]). It also repealed prior local instruments (cl 1.8) and notes several provisions as not adopted or repealed, indicating adjustments to original coverage and drafting over time."},"complexity_factors":["Extensive cross‑references to State environmental planning policies and multiple other Acts (eg cl 1.9, heritage and aquaculture clauses)","Reliance on external maps and schedules (Land Zoning Map, Lot Size Map, Development Area Map) that change interpretation","Multiple regulatory pathways: consent, exempt development, complying development and Council‑carried works (Parts 2–3, cl 3.1–3.2, cl 6.3)","Discretionary exceptions and assessment tests (eg cl 4.6 exceptions to standards; heritage notification and management requirements cl 5.10)","Specialist technical standards and operational controls (aquaculture Sched 6, flood planning cl 5.21, earthworks cl 6.1)","Several clauses noted as \"not adopted\" or repealed and visible amendment annotations, creating interpretive gaps and change over time","Provisions that alter private rights (suspension of covenants cl 1.9A) increasing legal complexity for landowners and advisers"],"plain_english_summary":"This local environmental plan sets the zoning, permitted/prohibited uses, consent rules and site‑specific controls for Jerberra Estate, backed by maps and schedules that determine lot sizes, exempt/complying works and environmental/heritage/flood rules. Council is the consent authority (cl 1.6); landowners seeking development must obtain consent and satisfy standards (eg cl 4.1, cl 6.5, cl 5.19) and bear compliance costs. The Plan can, in limited respects, displace private covenants to allow development consistent with the Plan (cl 1.9A)."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The plan has been amended over 40 times since its original commencement in February 2014, strongly indicating that its scope and specific provisions have evolved from its original intent. Frequent amendments to local environmental plans typically reflect changes to permitted land uses, development standards, zone boundaries, or new state government policy requirements being incorporated. However, without access to the actual substantive content of the plan and its amendments, the precise nature of those scope changes cannot be determined from the metadata alone."},"complexity_factors":["This document only provides metadata and version history — the actual substantive planning provisions (zones, permitted uses, development standards) are not included in the text provided, making full analysis impossible","As a standard instrument local environmental plan (LEP), the underlying plan would reference and interact with the broader Environmental Planning and Assessment Act 1979 and the standard instrument template, adding layers of external cross-referencing","Over 40 amendments across 11+ years means the current operative rules may differ substantially from the original plan, requiring careful version tracking","Planning zone classifications and land use tables (typical LEP content) can be technical and require specialist knowledge to interpret correctly","The interaction between local, state, and federal planning and environmental laws can complicate what seems like a simple local rule"],"plain_english_summary":"This local environmental plan sets the rules for land use and development in the Jerberra Estate (Shoalhaven), telling owners, developers and the council what can be built, changed or protected and why decisions must protect neighbourhood character and the environment.  \n\nIt matters to property buyers, owners, neighbours and Shoalhaven City Council because it directly controls permissible uses, development approvals and environmental safeguards — and has been amended 40+ times, so always check the current version."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as a local environmental plan for Jerberra Estate. While it includes detailed provisions for specific uses (aquaculture, music venues, eco-tourism), these are standard components of modern LEPs and do not represent scope creep beyond the original purpose of managing land use and development in the area."},"complexity_factors":["Multiple nested exceptions and conditional clauses (e.g., clause 4.2A has 5 sub-clauses with multiple paragraphs and nested conditions for when dwellings can be erected)","Cross-references to external legislation including the Environmental Planning and Assessment Act, Crown Land Management Act, National Parks and Wildlife Act, and multiple State Environmental Planning Policies (SEPPs)","Multiple defined terms referenced but defined in a separate Dictionary (not provided in the extract)","Complex conditional logic in the Land Use Table with zone-specific permitted/prohibited uses and multiple caveats","Specific technical requirements for aquaculture operations in Schedule 6 with site location and operational requirements","Heritage provisions requiring consultation with multiple authorities and assessment of significance","Flood planning provisions referencing external guidelines and manuals","Clause 5.4 contains 10 separate sub-clauses with specific numerical limits for different use types"],"plain_english_summary":"This is a **local environmental plan** (a type of planning law) that controls what can be built and done on land in **Jerberra Estate**, which is in the Shoalhaven area of New South Wales.\n\n**What it does:**\n- **Zones the land** into three conservation-focused categories: Environmental Conservation (strictest protection), Environmental Management (limited development allowed), and Environmental Living (low-impact residential).\n- **Controls development**: It sets rules for what needs council approval (development consent), what is banned, and what can proceed without approval (exempt development) or with a fast-track certificate (complying development).\n- **Protects the environment**: The plan prioritises protecting ecological values, water quality, scenic landscapes, and Aboriginal heritage. It bans canal estates and restricts intensive development.\n- **Manages flood risk**: New development must be compatible with flood behaviour and safe evacuation.\n- **Supports arts and culture**: Unusually for a planning instrument, it specifically aims to protect and promote arts and cultural activity, including music and performance.\n- **Sets specific limits**: For example, buildings can't exceed 11 metres in height, bed and breakfasts are limited to 5 bedrooms, and secondary dwellings have size caps.\n\n**Who it affects:**\n- Property owners and developers in Jerberra Estate\n- The local council (Shoalhaven City Council), which makes decisions on development applications\n- Anyone wanting to build, subdivide, or change land use in the area\n\n**Why it matters:**\nThis plan shapes the future character of Jerberra Estate. It tries to balance allowing some residential and tourism development (like eco-tourism and farm stays) with strong environmental protection. The music provision is notable—it prevents council from rejecting licensed venues based on music genre, live vs recorded music, or having a dance floor."}},"importantCases":[],"_links":{"self":"/api/acts/shoalhaven-local-environmental-plan-jerberra-estate-2014","history":"/api/acts/shoalhaven-local-environmental-plan-jerberra-estate-2014/history","analysis":"/api/acts/shoalhaven-local-environmental-plan-jerberra-estate-2014/analysis","conflicts":"/api/acts/shoalhaven-local-environmental-plan-jerberra-estate-2014/conflicts","importantCases":"/api/acts/shoalhaven-local-environmental-plan-jerberra-estate-2014/important-cases","documents":"/api/acts/shoalhaven-local-environmental-plan-jerberra-estate-2014/documents"}}