{"id":"nsw:epi-2013-0152","name":"Tenterfield Local Environmental Plan 2013","slug":"tenterfield-local-environmental-plan-2013","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"152 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181252,"registerId":"nsw-nsw:epi-2013-0152-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 [Tenterfield Local Environmental Plan 2013](/view/html/inforce/current/epi-2013-0152).","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> > RU5 Village\n> \n> > Special Purpose Zones\n> \n> > SP2 Infrastructure\n> \n> > Conservation Zones\n> \n> > C1 National Parks and Nature Reserves\n> \n> **cl 2.1:** Am 2016 (709), Sch 1 \\[1\\]; 2019 (402) cl 5 (1).","sortOrder":14},{"sectionNumber":"pt","sectionType":"part","heading":"Land Use Table","content":"# pt Land Use Table\n\nLand Use Table\n\nNote—\n\nState environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—\n\n> [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714)\n\n> [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems\n\n> [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 2\n\n> [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 3\n\n> [State Environmental Planning Policy (Industry and Employment) 2021](/view/html/inforce/current/epi-2021-0723), Chapter 3\n\n> [State Environmental Planning Policy (Primary Production) 2021](/view/html/inforce/current/epi-2021-0729), Chapter 2\n\n**Land Use tbl:** Am 2016 (709), Sch 1 \\[2\\]; 2019 (402) cl 5 (2); 2020 (388), Sch 1\\[1\\].\n\nZone RU1 Primary Production\n\nZone RU5 Village\n\nZone SP2 Infrastructure\n\nZone C1 National Parks and Nature Reserves","sortOrder":30},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Aquaculture; Dwelling houses; Extractive industries; Intensive livestock agriculture; Open cut mining; Roadside stalls; Any other development not specified in item 2 or 4","sortOrder":33},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Nil","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":47},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":51},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":65},{"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/tenterfield-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 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 Zone RE1 Public Recreation or Zone SP2 Infrastructure.\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":66},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":92},{"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":93},{"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":100},{"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 2013 No 47, Sch 2.30.","sortOrder":101},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Signage—general requirements","content":"#### sch.2-sec Signage—general requirements\n\nSignage—general requirements\n\n> > (1) Must be non-moving.\n> \n> > (2) Must be at least 700mm from kerb or roadway edge of a public road.\n> \n> > (3) Must be at least 2.6m above any public footpath.\n> \n> > (4) Must relate to the lawful use of the building (except for temporary signs or tourist information or directional signs).\n> \n> > (5) Must not be detrimental to the character and functioning of the building.\n> \n> > (6) Must not cover mechanical ventilation inlet or outlet vents.\n> \n> > (7) Must not be externally illuminated.\n> \n> > (8) Must not be flashing.\n> \n> > (9) Must not be located on a heritage item.","sortOrder":102},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Signage—signs on residential accommodation","content":"#### sch.2-sec-oc.2 Signage—signs on residential accommodation\n\nSignage—signs on residential accommodation\n\n> > (1) Must meet the general requirements for signage.\n> \n> > (2) Maximum 2 signs per premises.\n> \n> > (3) Maximum area—1m2.\n> \n> > (4) Maximum height—3m.","sortOrder":103},{"sectionNumber":"sch.2-sec-oc.3","sectionType":"section","heading":"Signage—signs on business or industrial premises","content":"#### sch.2-sec-oc.3 Signage—signs on business or industrial premises\n\nSignage—signs on business or industrial premises\n\n> > (1) Maximum 3 signs per premises.\n> \n> > (2) Must be one of the following types of signs—\n> > \n> > > (a) top hamper sign—maximum area of 2.5m2,\n> > \n> > > (b) under awning sign—maximum area of 1.5m2,\n> > \n> > > (c) projecting wall sign—maximum area of 2.5m2,\n> > \n> > > (d) flush wall sign that does not extend above the top of the wall to which it is attached—maximum area of 2.5m2.\n> \n> > (3) Must not be internally illuminated unless—\n> > \n> > > (a) the sign is not in continuous or intermittent motion, and\n> > \n> > > (b) the display is not varied at pre-set timing intervals.","sortOrder":104},{"sectionNumber":"sch.2-sec-oc.4","sectionType":"section","heading":"Signage—real estate signs (advertising premises or land for sale or lease)","content":"#### sch.2-sec-oc.4 Signage—real estate signs (advertising premises or land for sale or lease)\n\nSignage—real estate signs (advertising premises or land for sale or lease)\n\n> > (1) Must meet the general requirements for signage.\n> \n> > (2) Must be located within the curtilage of the premises.\n> \n> > (3) Maximum area for signs on residential premises—2.5m2.\n> \n> > (4) Maximum height—6m.\n> \n> > (5) Must be removed within 14 days after premises or land is sold or let.\n> \n> > (6) Maximum 2 signs per premises.","sortOrder":105},{"sectionNumber":"sch.2-sec-oc.5","sectionType":"section","heading":"Signage—signs behind the glass line of a shop window","content":"#### sch.2-sec-oc.5 Signage—signs behind the glass line of a shop window\n\nSignage—signs behind the glass line of a shop window\n\n> > (1) Must meet the general requirements for signage.\n> \n> > (2) Must not be located in sex services premises or restricted premises.","sortOrder":106},{"sectionNumber":"sch.2-sec-oc.6","sectionType":"section","heading":"Signage—temporary signs (special events or venues for exhibitions or demonstrations)","content":"#### sch.2-sec-oc.6 Signage—temporary signs (special events or venues for exhibitions or demonstrations)\n\nSignage—temporary signs (special events or venues for exhibitions or demonstrations)\n\n> > (1) Must meet the general requirements for signage.\n> \n> > (2) Maximum area—5m2.\n> \n> > (3) Maximum height—6m.\n> \n> > (4) Must not be displayed earlier than 28 days before, or later than 14 days after, the event.\n> \n> > (5) Must not obstruct the sight line of vehicular traffic.","sortOrder":107},{"sectionNumber":"sch.2-sec-oc.7","sectionType":"section","heading":"Signage—sponsorship signs","content":"#### sch.2-sec-oc.7 Signage—sponsorship signs\n\nSignage—sponsorship signs\n\n> > (1) Must meet the general requirements for signage.\n> \n> > (2) Maximum height—6m.\n> \n> > (3) Must include only the name or logo of any event sponsors.\n> \n> > (4) Must be located and oriented to be predominantly visible to spectators within the site rather than to the general public externally.\n> \n> > (5) Must not obstruct the sight line of vehicular traffic.","sortOrder":108},{"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":109},{"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":112},{"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 2015 (162), Sch 1 \\[1\\] \\[2\\].","sortOrder":113},{"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 2014 (673), Sch 1 \\[1\\]–\\[6\\]; 2020 (388), Sch 1\\[2\\]–\\[15\\]; 2021 (683), Sch 1.","sortOrder":117},{"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":120},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":122},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":124},{"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":132},{"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":133},{"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":135},{"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":136},{"sectionNumber":"11","sectionType":"section","heading":"Culture water","content":"#### 11 Culture water\n\n11 Culture water\n\n> Must use freshwater.","sortOrder":137}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3256},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of local environmental planning for the Tenterfield Shire. While it has been amended multiple times to update technical details (heritage listings, aquaculture standards, references to updated State policies), the core scope—zoning land, controlling subdivision in rural areas, and setting development standards—has not expanded beyond its original intent. The inclusion of specific local provisions (such as protections for music venues and the detailed heritage list) reflects local character rather than scope creep."},"complexity_factors":["9 distinct but interrelated subdivision clauses (4.1 to 4.2F) with nested exceptions for rural land, community title, and boundary adjustments","Extensive cross-referencing to external statutory maps (Land Zoning Map, Lot Size Map, Rural Residential Subdivision Map, Heritage Map) that are not contained within the text","Heritage schedule listing 140+ individual items with specific legal property descriptions (lot/DP numbers) and significance classifications (State/Local)","Technical aquaculture schedules (Schedule 6) with operational requirements, species selection rules, and exclusion zones referencing multiple other Acts","Multiple conditional thresholds for exempt intensive livestock development (capacity limits for cattle, pigs, poultry) with specific distance buffers","Frequent amendment history (2013–2021) creating layered text with repealed clauses and inserted provisions","Defined terms contained in a separate Dictionary (not shown in the extract) requiring cross-referencing to interpret clauses"],"plain_english_summary":"This is the main planning rulebook for the **Tenterfield Shire** area in northern New South Wales. It controls what can be built or done on every piece of land in the region.\n\n**Who it affects**\nAnyone who owns, buys, or develops land in Tenterfield—from farmers and rural landholders to village residents and business owners. The local Council uses these rules to decide whether to approve new buildings, subdivisions, or changes in how land is used.\n\n**What it does**\nThe Plan divides the Shire into **zones** (land categories) with different rules:\n\n*   **RU1 Primary Production**: For farming and rural industries. You can generally build farm sheds and do extensive agriculture without council approval, but houses need approval.\n*   **RU5 Village**: For smaller rural settlements. Allows houses, shops, schools, and community facilities with council approval.\n*   **SP2 Infrastructure**: For essential public services like roads and utilities.\n*   **C1 National Parks and Nature Reserves**: For conservation and park management.\n\nFor each zone, the Plan specifies three things:\n*   **Permitted without consent**: Activities that don’t need council approval (e.g., home-based businesses in some areas).\n*   **Permitted with consent**: Activities requiring council approval (e.g., most houses, intensive livestock farms, shops).\n*   **Prohibited**: Activities not allowed (e.g., heavy industry in villages).\n\n**Key rules include**:\n*   **Subdivision**: Strict minimum lot sizes apply in rural areas to prevent farmland from being carved into pieces too small to farm. However, there are complex exceptions for boundary adjustments, creating lots for farm workers, and rural residential development on specific identified land.\n*   **Heritage**: Special protection for over 140 heritage-listed buildings and sites (including the Tenterfield Railway Station, School of Arts, and numerous historic homes). You need approval to demolish or alter these.\n*   **Flood planning**: Development in flood-prone areas must prove it won’t worsen flooding for neighbours and that people can evacuate safely.\n*   **Intensive farming**: Special buffer distances (e.g., 500m from dwellings for some poultry farms) to protect neighbours from odour and pollution.\n*   **Aquaculture**: Technical standards for fish farming (pond-based and tank-based) to protect waterways and prevent fish escaping into natural systems.\n*   **Music and arts**: Unique provisions preventing council from refusing venue approvals based on music genre, whether it is live or amplified, or the presence of dance floors.\n\n**Why it matters**\nThe Plan balances keeping Tenterfield’s agricultural land productive with protecting its environment, heritage, and small-town character. It manages risks like bushfire and flooding, ensures essential services are available for new development, and preserves the area’s historic buildings and natural areas (including national parks). It also supports the local economy by allowing farm tourism and arts activities while preventing land use conflicts."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Plan has evolved beyond the narrow zoning and land‑use rules set out in the original instrument: later amendments and insertions added procedural and substantive matters that expand its operational scope. Examples include the power to suspend private covenants to permit Plan‑consistent development (cl 1.9A, added by amendment), targeted protections and exceptions for aquaculture and intensive livestock with detailed operational requirements (cl 5.18, cl 5.19 and Schedule 6), a statutory local rule protecting live music at licensed premises (cl 5.20), and multiple additions to the heritage and public land reclassification schedules (Schedule 5 and Schedule 4). Several amendment notes (e.g. cl 1.8A amended 2019; cl 1.9A amended 2019; Land Use Table amendments, Schedule amendments 2016–2021) show the Plan has been adjusted repeatedly to accommodate state policy changes and local issues. Those additions have increased the Plan’s regulatory detail and administrative procedures compared with the original, narrower zoning and subdivision focus (see cl 1.2 for the Plan’s original stated aims and the cited amended clauses and schedules for the subsequent scope additions)."},"complexity_factors":["6 main Parts (Preliminary; Permitted/prohibited development; Exempt/complying development; Principal development standards; Miscellaneous provisions; Additional local provisions) plus 6 Schedules (1–6) with detailed appendices (schedules contain technical rules and lists).","Extensive cross‑references to State Environmental Planning Policies and other Acts (cl 1.9, cl 4.6(8)(b), multiple notes to SEPPs).","Multiple statutory maps and overlays referenced as operative instruments (Land Zoning Map, Lot Size Map, Heritage Map, Sensitive Land Map, Designated Buffer Map, Land Reservation Acquisition Map) (cl 1.7, cl 1.3).","Large heritage inventory in Schedule 5 (heritage items and conservation areas — inventory entries numbered up to I146).","Numerous conditional exceptions and nested tests in subdivision and dwelling controls (clauses 4.1, 4.2, 4.2C–4.2F — multiple carve‑outs for strata, community title, rural exceptions).","Discretionary standards with record‑keeping and specified exclusions (cl 4.6 requires written demonstration to vary standards and record keeping; several subclauses are excluded from variation).","Multiple topic‑specific operational regimes with technical requirements (aquaculture in Schedule 6, intensive livestock thresholds in cl 5.18, flood planning in cl 5.21).","Several clauses marked as “Not adopted” or “Not applicable”, which reduces some complexity but requires users to check which standard LEP provisions apply locally (e.g. cl 4.3, 4.4, 4.5, 5.7).","Multiple amendments and inserted clauses across different years (amendment notes present at cl 1.8A, 1.9A, 2.1, Land Use Table and various schedules), increasing historical conditionality and interpretation work."],"plain_english_summary":"**What this Plan does (mechanics first)**\n\n- Zones the Tenterfield local government area and prescribes what uses are allowed, allowed with consent, or prohibited in each zone (see Land Use Table and Land Zoning Map; cl 2.1–2.3, cl 2.2).\n- Identifies and publishes maps and schedules that are part of the Plan (Land Zoning Map, Lot Size Map, Heritage Map, Sensitive Land Map, Designated Buffer Map, Land Reservation Acquisition Map) and treats those maps as statutory instruments for decision‑making (cl 1.7, cl 1.3).\n- Sets development controls and consent rules: what is exempt development, what is complying development, and what requires development consent (Part 3: cl 3.1–3.3). Minor works that meet the schedules may proceed without council consent; other works require a development application and assessment.\n- Prescribes principal standards for subdivision and development (minimum lot sizes, subdivision consent requirements, limitations on demolition and earthworks, and exceptions to standards) (Part 4: cl 4.1–4.6, cl 2.6–2.7).\n- Lists local heritage items and heritage conservation areas and requires consent and heritage assessments for works affecting them (Schedule 5; cl 5.10).\n- Sets a range of local, environmental and business controls: flood planning (cl 5.21), intensive livestock and aquaculture rules (cl 5.18, cl 5.19 and Schedule 6), earthworks (cl 6.1), sensitive land protections (cl 6.3), essential services (cl 6.4), location controls for sex services premises (cl 6.5), and a buffer control for the Tenterfield Saleyards (cl 6.6).\n- Contains provisions about public land classification and acquisition, including identifying land to be reclassified as operational or community land (cl 5.1–5.2 and Schedule 4).\n- Provides targeted local permissions and limits (signage exemptions and limits in Schedule 2; limits on bed & breakfast, home business and industrial retail outlet sizes in cl 5.4).\n- Contains specific protections and procedural rules that interact with State policies (the Plan is subject to SEPPs; cl 1.9) and allows limited suspension of private covenants to enable development consistent with the Plan (cl 1.9A).\n\n**Who it affects**\n\n- Landowners and prospective buyers in the Tenterfield area: it controls what they may build, subdivide, or use land for (cl 2.3, cl 4.1, cl 2.6).\n- Developers and businesses (including agriculture, aquaculture, tourism and licensed premises): the Plan sets which activities are permitted, constrained or prohibited, and what approvals are required (Land Use Table; cl 5.19; cl 5.20).\n- The Council (as the consent authority) and state agencies: the Council decides development applications under the Plan and must apply the Plan’s objectives, maps and schedules when making decisions (cl 1.6, cl 2.3(2)). State policies can override parts of the Plan (cl 1.9).\n- Owners of heritage items and dwellings in mapped heritage conservation areas: they face additional consent and assessment requirements for works (cl 5.10; Schedule 5).\n- Neighbours and the local community: the Plan governs temporary uses, buffer areas (saleyards), noise considerations for licensed premises (cl 2.8; cl 6.6; cl 5.20), and environmental protections.\n\n**Why it matters (policy claims and practical effects)**\n\n- Officially the Plan aims to guide orderly development, protect agricultural, environmental and heritage values, and provide for local facilities and economic activity (cl 1.2). Mechanically it does that by zoning land, setting minimum lot sizes, listing heritage items, and prescribing what requires consent.\n\n- Costs and compliance burden: many everyday activities (subdivision, demolition, most earthworks, dwellings in rural zones) require development consent and supporting studies (e.g. heritage assessments, environmental statements, flood risk considerations) — this increases time and cost for landowners and developers (see cl 2.6, cl 6.1, cl 5.10, cl 5.21).\n\n- Bureaucratic discretion and record‑keeping: the Council has broad discretion to assess compatibility with zone objectives and to approve exceptions to standards where it is satisfied certain tests are met (cl 2.3(2); cl 4.6). The Plan requires the consent authority to record assessments when it allows contraventions of development standards (cl 4.6(4)). That discretion creates case‑by‑case outcomes and a demand for documented justification.\n\n- Effects on private contracts and property rights: clause 1.9A enables the Plan to override private covenants and similar instruments to the extent necessary to allow development consistent with the Plan, but excludes covenants imposed or required by Council and some conservation agreements; it also preserves public authority interests (cl 1.9A(1)–(3)). This changes the enforceability of private restrictions in limited circumstances.\n\n- Market and enterprise effects: the Plan channels where certain businesses can operate (e.g. prohibitions in village zones, floor‑area caps for industrial retail and neighbourhood shops cl 5.4(4),(7)), sets limits on farm stay and tourist accommodation, and places environmental/heritage constraints that can limit the scale or location of commercial projects (Schedule 5; cl 5.13). The Plan also contains a pro‑music provision that prevents refusal of consent to licensed premises on certain music‑related grounds (cl 5.20), which reduces one basis for local refusal of hospitality/entertainment uses.\n\n- Trade‑offs and unintended consequences to consider:\n  - Allowing the Council to vary development standards (cl 4.6) can permit better site outcomes but raises the cost of uncertainty for applicants and neighbours because outcomes depend on administrative judgements and records.\n  - Suspending private covenants for Plan‑consistent development (cl 1.9A) eases development in some cases but may surprise lot owners who relied on contractual restrictions; certain conservation covenants remain protected.\n  - Detailed environmental and heritage lists (Schedule 5) protect values but increase the procedural and financial costs of works affecting listed places.\n\n**Implementation risks and opportunity costs**\n\n- Reliance on maps, overlays and external State policies (cl 1.7, cl 1.9) means that accuracy and currency of digital maps and state instruments matter for day‑to‑day decisions. Errors or delays in updating maps can stall projects.\n- Many provisions call for site‑specific studies (heritage management documents, flood compatibility, environmental impact statements), increasing project lead times and transaction costs for both small and large developers (cl 5.10(5)–(6); cl 5.21(2)-(3)).\n\n**What changes private behaviour**\n\n- Reduces the ease of subdividing rural land below mapped minima except in tightly prescribed circumstances (cl 4.1, cl 4.2–4.2F), which preserves larger holdings but limits opportunities to realise value through subdivision.\n- Encourages use of complying or exempt development tracks for small‑scale works listed in Schedules 2 and 3 (cl 3.1–3.2), speeding up low‑impact projects that meet the criteria.\n- Constrains where certain businesses or residential developments can be located (Land Use Table, cl 6.5, cl 6.6, Schedule 6).\n\n**Key sections to look at if you need to act**\n- Zoning and permitted uses: cl 2.1–2.3 and Land Use Table (and Land Zoning Map).\n- Subdivision rules: cl 2.6 and Part 4 (cl 4.1–4.2F).\n- Heritage: cl 5.10 and Schedule 5.\n- Exempt and complying development: cl 3.1–3.3 and Schedules 2–3.\n- Suspension of covenants: cl 1.9A.\n- Aquaculture and intensive livestock controls: cl 5.18, cl 5.19 and Schedule 6.\n\n(References in parentheses are to clauses and schedules of the Tenterfield Local Environmental Plan 2013.)"},"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"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The plan has been amended roughly 50 times since its 2013 commencement, indicating the scope has evolved considerably from the original instrument. The frequency of amendments — sometimes multiple times within a single year — suggests ongoing adjustments to land use permissions, zone boundaries, development standards, and special provisions that have progressively broadened or refined the original scope to reflect changing community needs, state policy updates, and site-specific rezonings."},"complexity_factors":["Standard instrument LEP format incorporates NSW state-wide template clauses by reference, requiring cross-referencing with multiple external documents","Approximately 50 amendments over 12+ years mean the current rules differ substantially from the original 2013 version — tracking what changed and when adds complexity","Zoning maps and land use tables must be read alongside the written provisions, requiring spatial interpretation not captured in the text alone","Multiple overlapping controls (zone rules, development standards, special provisions for heritage, flooding, biodiversity etc.) interact in ways that aren't always obvious","Only the status/timeline page was provided — the actual substantive provisions (zones, clauses, maps) are not visible here, limiting but not eliminating analytical complexity","Applies across a large, geographically diverse LGA combining town, rural, and environmentally sensitive land — each with different rules","Must be read alongside state environmental planning policies (SEPPs) which can override or supplement local rules"],"plain_english_summary":"The Tenterfield Local Environmental Plan 2013 is the legally binding land‑use rulebook for Tenterfield Shire: it controls what can be built or done on each property, who can operate where, and how the area’s growth and protection goals are balanced. It directly affects property owners, developers, businesses, farmers and the council by determining permitted uses and development controls.  \n\nIt’s been amended about 50 times since 2013, so checking the current version is essential before buying, building or changing land use."}},"importantCases":[],"_links":{"self":"/api/acts/tenterfield-local-environmental-plan-2013","history":"/api/acts/tenterfield-local-environmental-plan-2013/history","analysis":"/api/acts/tenterfield-local-environmental-plan-2013/analysis","conflicts":"/api/acts/tenterfield-local-environmental-plan-2013/conflicts","importantCases":"/api/acts/tenterfield-local-environmental-plan-2013/important-cases","documents":"/api/acts/tenterfield-local-environmental-plan-2013/documents"}}