{"id":"nsw:epi-2012-0637","name":"Tumut Local Environmental Plan 2012","slug":"tumut-local-environmental-plan-2012","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"637 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181410,"registerId":"nsw-nsw:epi-2012-0637-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 [Tumut Local Environmental Plan 2012](/view/html/inforce/current/epi-2012-0637).","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Permitted or prohibited development","content":"# Part 2 Permitted or prohibited development\n\nPart 2 Permitted or prohibited development","sortOrder":13},{"sectionNumber":"2","sectionType":"section","heading":"Land use zones","content":"#### 2 Land use zones\n\n2.1 Land use zones\n\n> The land use zones under this Plan are as follows—\n> \n> > Rural Zones\n> \n> > RU1 Primary Production\n> > \n> > RU3 Forestry\n> > \n> > RU4 Primary Production Small Lots\n> > \n> > RU5 Village\n> \n> > Residential Zones\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> > 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> > 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> **cl 2.1:** Am 2017 (5), Sch 1 \\[2\\]–\\[4\\]; 2022 (829), Sch 1.18\\[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 (168), Sch 1 \\[5\\]; 2017 (5), Sch 1 \\[5\\]–\\[9\\]; 2017 (493), Sch 1.1 \\[1\\]; 2018 (488), Sch 1.1 \\[1\\]; 2019 (621), Sch 3; 2021 (247), cl 4; 2022 (314), Sch 1; 2022 (829), Sch 1.18\\[2\\].\n\nZone RU1 Primary Production\n\nZone RU3 Forestry\n\nZone RU4 Primary Production Small Lots\n\nZone RU5 Village\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 E4 General Industrial\n\nZone MU1 Mixed Use\n\nZone SP1 Special Activities\n\nZone SP2 Infrastructure\n\nZone RE1 Public Recreation\n\nZone RE2 Private Recreation\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; Cellar door premises; Dwelling houses; Extractive industries; Farm buildings; Garden centres; Intensive livestock agriculture; Markets; Open cut mining; Plant nurseries; Roadside stalls; Rural workers’ dwellings; Secondary dwellings; 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> Advertising structures; Amusement centres; Centre-based child care facilities; Commercial premises; Eco-tourist facilities; Entertainment facilities; Exhibition homes; Exhibition villages; Function centres; Local distribution premises; Recreation facilities (indoor); Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Service stations; Sex services premises; Vehicle repair stations; Wholesale supplies","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":91},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":95},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":106},{"sectionNumber":"5","sectionType":"section","heading":"Relevant acquisition authority","content":"#### 5 Relevant acquisition authority\n\n5.1 Relevant acquisition authority\n\n> > (1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) (the owner-initiated acquisition provisions).\n> > \n> > Note.\n> > \n> > If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) requires the authority to acquire the land.\n> \n> > (2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the [Land Reservation Acquisition Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/tumut-local-environmental-plan-2012) (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> > (3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.","sortOrder":107},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":133},{"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":134},{"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 2017 (5), Sch 1 \\[12\\].","sortOrder":147},{"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(When this Plan was made this Schedule was blank)","sortOrder":152},{"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":153},{"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":156},{"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 (598), Sch 1 \\[1\\]–\\[4\\].","sortOrder":157},{"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 2017 (5), Sch 1 \\[13\\]–\\[15\\].","sortOrder":161},{"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":164},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":166},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":168},{"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":176},{"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":177},{"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":179},{"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":180},{"sectionNumber":"11","sectionType":"section","heading":"Culture water","content":"#### 11 Culture water\n\n11 Culture water\n\n> Must use freshwater.","sortOrder":181}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":639},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a standard local environmental plan. While it has been amended multiple times (noted in clause histories), these amendments appear to be routine updates rather than significant scope expansion. The core structure covering zoning, development controls, subdivision, heritage, and environmental protection remains aligned with typical LEP functions under the NSW planning system."},"complexity_factors":["Multiple overlapping zone categories (15 zones) with detailed permitted/prohibited use tables","Extensive cross-referencing to external maps (Lot Size Map, Land Zoning Map, Heritage Map, etc.) and State policies","Numerous conditional clauses with nested exceptions (e.g., clause 4.2B has 6 alternative pathways for dwelling approval)","Multiple amendment references showing evolving provisions (e.g., clause 1.9A amended 2019, clause 4.6 amended 2022)","Heritage provisions with 8 subclauses and multiple notification requirements","Environmental protection clauses requiring sequential assessment (avoid → minimise → mitigate)","Specialised technical requirements for aquaculture, intensive livestock, and aircraft noise (ANEF contours)","Dictionary of defined terms referenced but not included in extract","Savings and transitional provisions affecting existing applications"],"plain_english_summary":"This is the **Tumut Local Environmental Plan 2012**, a planning rulebook that controls what can be built and done on land in the Tumut area of NSW (part of the Snowy Valleys region).\n\n**What it does:**\n- **Zones the land** into categories like rural (farming), residential, industrial, mixed-use, recreation and conservation areas. Each zone has rules about what activities are allowed, need approval, or are banned.\n- **Controls development** through a detailed table showing what uses are permitted without approval (like home-based businesses), what needs council consent (like new houses or shops), and what's prohibited (like heavy industry in residential areas).\n- **Sets minimum lot sizes** for subdividing land, with special rules for rural areas to protect farming and prevent land fragmentation.\n- **Protects the environment** through specific clauses about biodiversity, wetlands, watercourses, groundwater, salinity, and landslide risks.\n- **Manages heritage** by listing protected historic buildings and areas, requiring approval to alter or demolish them.\n- **Deals with special risks** like flooding, bush fire hazards, and aircraft noise near Tumut Airport.\n- **Allows some fast-track approvals** for simple developments that meet standard requirements (exempt and complying development).\n\n**Who it affects:**\n- Property owners wanting to build, subdivide, or change land use\n- Farmers and rural businesses\n- Developers and builders\n- Anyone seeking to protect or develop heritage properties\n\n**Why it matters:**\nIt balances competing needs—protecting agricultural land and natural environment while allowing housing, tourism, and employment growth. It also ensures development considers risks like floods, fires, and landslides, and preserves Tumut's historic character."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Plan has been expanded in scope since its original making through a series of targeted insertions and amendments. Examples: the addition of specific local permitted uses (Airport Development Area commercial uses and the Sturt Close Industrial Area, Schedule 1); insertion of clause 1.9A that suspends private covenants in favour of Plan‑consistent development (2019 amendment notes); introduction of additional rural subdivision flexibility and community title rules (cl 4.1AA, cl 4.2A, cl 4.2C); and the addition of several environmental overlay clauses (terrestrial biodiversity, groundwater vulnerability, riparian lands, wetlands, salinity, landslide risk) and updated flood planning references (cl 6.3–6.8; cl 5.21). These amendments extend the Plan beyond a simple zoning replacement to include targeted economic development allowances, stronger overlay‑based environmental controls and procedural changes that affect private covenants and parcel‑specific rights. The changes are incremental and geographically targeted rather than a wholesale redirection of purpose, but they materially broaden the Plan’s regulatory footprint compared with the instrument as originally made (see amendment notes throughout, and specific inserted clauses cited above)."},"complexity_factors":["Large number of zones and a detailed Land Use Table covering many use classes (cl 2.1–2.3; Land Use Table)","Multiple overlay maps and external map references (Lot Size Map, Land Zoning Map, Heritage Map, Terrestrial Biodiversity Map, Groundwater Vulnerability Map, Riparian Lands and Watercourses Map, Wetlands Map, Salinity Map, Landslide Risk Map, Airport Development Area Map) increasing spatial conditionality (cl 1.7; various clauses)","Extensive cross‑references to State environmental planning policies and multiple Acts (SEPPs, Heritage Act, Fisheries, Rural Fires, Crown Land, Local Government Act etc.)","Numerous conditional exceptions and nested pathways for subdivision, dwellings and community title schemes (cl 4.1, cl 4.1AA, cl 4.2, cl 4.2A, cl 4.2B, cl 4.2C, cl 6.12)","Many discretionary tests requiring subjective satisfaction by the consent authority across different technical areas (cl 4.6, cl 5.3, cl 6.3–6.8, cl 5.21, cl 6.9–6.10)","Schedules with parcel‑specific rules and targeted permitted uses (Schedule 1, Schedule 4, Schedule 5) creating localized exceptions","Technical and procedural requirements (heritage management plans, heritage notifications, environmental impact statements, BASIX commitments) increasing compliance steps (cl 5.10; cl 4.6 note re regulation)","Several parts labelled 'Not adopted' or 'Not applicable' (height, FSR, some local provisions) which reduces but complicates interpretation because those default rules are absent","Record‑keeping and assessment documentation obligations (cl 4.6(4); multiple clauses requiring evidence of measures to avoid/minimise/mitigate impacts)","Amendment history and piecemeal insertions referenced in notes (multiple amending instruments across years) increasing interpretive complexity"],"plain_english_summary":"**What this plan does (mechanically)\n\n- Replaces earlier local environmental plans and becomes the operative zoning and development control instrument for the Tumut part of the Snowy Valleys area (cl 1.8, cl 1.1).  It ties land to named maps (zoning map, lot size map, heritage map, various overlays) and to the rules in the Plan (cl 1.7, cl 1.3).  The consent authority under the Plan is the Council (cl 1.6).\n\n- Divides land into defined zones (rural, residential, employment, mixed use, recreation, conservation and special purpose) and sets for each zone: objectives, what is permitted without consent, what requires consent, and what is prohibited (cl 2.1–2.3; Land Use Table).  The Plan also contains additional permitted uses for specific parcels (Schedule 1).\n\n- Sets core development rules and standards that apply across the area: subdivision requires consent and must generally meet the Lot Size Map (cl 2.6; cl 4.1).  There are targeted exceptions and flexibility for rural subdivision, boundary adjustments and community title schemes (cl 4.1AA, cl 4.2, cl 4.2A, cl 4.2C).\n\n- Establishes processes for exempt and complying development, and exclusions where exempt/complying development is not allowed (Schedule 2, Schedule 3; cl 3.1–3.3).\n\n- Requires development consent for demolition, earthworks and many other activities unless specifically exempt (cl 2.7; cl 6.1).\n\n- Imposes a range of local controls and assessments on environmental, heritage and hazard matters: terrestrial biodiversity, groundwater vulnerability, riparian areas, wetlands, salinity, landslide risk, flood planning and bushfire hazard reduction (cl 6.3–6.8; cl 5.21; cl 5.11).  Consent may be refused where a development would cause unacceptable impacts (see each clause).\n\n- Provides heritage protections: demolition, external and some internal works to listed heritage items or works in conservation areas require consent; the consent authority can require heritage assessments and management plans (cl 5.10; Schedule 5).\n\n- Sets targeted local provisions of practical effect: rules for aquaculture and intensive livestock (including thresholds below which consent is not required if siting limits are met) (cl 5.18; cl 5.19; Schedule 6); controls on home businesses, kiosks, bed and breakfast and retail size caps (cl 5.4); restrictions banning canal‑estate development (cl 2.9); airport airspace and aircraft noise consultation requirements and standards (cl 6.9–6.10); and a clause preventing refusal of consent to licensed premises on grounds that relate to the playing/performing of music (cl 5.20).\n\nWho this affects\n\n- Private landowners and prospective developers: their rights to subdivide, build, demolish or change use are defined by the zone maps, lot size maps and the Plan’s clauses (cl 2.2; cl 4.1; cl 2.6).\n- Farmers and rural landholders: the Plan protects primary production land via minimum lot sizes and restrictions on dwellings in rural zones (cl 4.1; cl 4.2B), but allows some flexibility for non‑dwelling related rural subdivisions (cl 4.2; cl 4.2A).\n- Local businesses and investors: permitted uses, retail caps, and special permitted uses (eg. airport‑related commercial, Sturt Close, Piano R&D) shape what commercial development is possible (Schedule 1; cl 5.4).\n- Heritage property owners: additional consent requirements, potential need for heritage management plans and conservation conditions (cl 5.10; Schedule 5).\n- Council and consent authority staff: they decide applications, must apply the Plan’s tests and keep records of discretionary departures (cl 1.6; cl 4.6(4)).\n- Public authorities and Commonwealth bodies in limited areas: airport penetrations require consultation with the relevant Commonwealth body (cl 6.9).\n\nWhy it matters (purpose claims and trade-offs)\n\n- Official aims: the Plan says it aims to protect and promote arts and culture, protect agricultural production (especially prime crop/pasture land), provide for tourism and employment, offer diverse residential environments, protect natural hazards and heritage (cl 1.2).  Those aims are implemented by zoning, overlays and the development standards above.\n\n- Direct incentives and costs created by the Plan:\n  - Protecting agricultural land and minimum lot sizes (cl 4.1) reduces opportunities for small‑lot subdivision and thus constrains potential short‑term capital gains from subdivision; owners seeking to subdivide may face refusal or the need to meet the Plan’s exceptions (cl 4.2, cl 4.2A, cl 4.2C).\n  - Heritage and environmental assessment requirements (cl 5.10; cl 6.3–6.8) increase compliance costs (heritage management plans, environmental impact material) and may delay or condition development, but they also create legal certainty about which areas need special treatment.\n  - The Plan creates zones and land‑use permissions that concentrate benefits: for example, Schedule 1 permits airport‑ancillary commercial uses and a small, specific industrial use for piano R&D — those targeted allowances benefit the owners/operators of those parcels while leaving broader controls elsewhere.\n  - The music‑protection clause (cl 5.20) reduces the ability of consent authorities to refuse licensed premises on several specified amenity grounds (genre, live/amplified, dancing, stage orientation). That acts as a regulatory relief for hospitality operators but still allows refusal if noise cannot be managed (cl 5.20(2)).\n  - Clause 1.9A (suspension of private covenants where necessary for development under the Plan) can reduce a private covenant’s practical effect when a consent is granted, except for a list of excluded covenant types (cl 1.9A(1)–(2)).  That changes private property constraints in favour of enabling development consistent with the Plan, with the exclusion protecting some conservation and Crown instruments.\n\n- Bureaucratic discretion and implementation risks:\n  - Many clauses are discretionary and require the Council (consent authority) to be \"satisfied\" about matters (eg. flood planning cl 5.21, biodiversity cl 6.3, groundwater cl 6.4, land near zone boundaries cl 5.3). That concentrates decision power with Council and requires judgment calls and technical assessments, increasing scope for inconsistent decisions or appeals.\n  - The Plan cross‑references numerous maps and external policies/standards (Lot Size Map, Heritage Map, Terrestrial Biodiversity Map, flood guidelines, AS 2021—2000, multiple SEPPs and Acts). Implementation depends on accurate mapping and on access to up‑to‑date external guidelines, which is an operational dependency and a potential risk if maps or external policies change.\n\n- Effects on private enterprise, competition and use choices:\n  - Zoning limits the types of businesses that can locate in each area (Land Use Table). This shapes competition and land values by restricting supply of developable commercial or industrial land in certain places (cl 2.3; Land Use Table).\n  - Size caps for retail and home‑based businesses (cl 5.4) limit scale for small operators but preserve the Plan’s land‑use intent for higher‑order centres.\n  - Environmental and heritage controls raise compliance costs, which may favour better‑capitalised developers and increase entry costs for smaller operators.\n\nWho pays, who decides, what behaviour changes\n\n- Who pays: applicants/landowners bear application, assessment and mitigation costs (heritage reports, environmental assessments, infrastructure contributions). Local ratepayers may indirectly bear costs where the Plan reclassifies public land or allows operational reclassification (cl 5.2; Schedule 4) and where Council has to administer additional duties.\n- Who decides: the Council is the primary consent authority (cl 1.6); in specific matters the Plan requires consultation with or advice from State or Commonwealth bodies (eg. airport matters cl 6.9) and notifications to bodies like the Heritage Council (cl 5.10(7), (9)).\n- Behaviour changes incentivised: landowners will tend to retain agricultural lots that meet minimum sizes, avoid development in mapped environmentally sensitive areas, and prepare more robust environmental/heritage documentation. Developers will concentrate permitted uses into zones mapped for commercial/industrial activity and may seek boundary adjustments or rely on the Plan’s exceptions where appropriate.\n\nImplementation and compliance burdens to note\n\n- Repeated requirements for technical investigations or management plans (heritage management documents at cl 5.10(5)–(6); heritage impact statements cl 5.10(8); flood/climate change considerations cl 5.21) create recurring external consultant costs.\n- Many decisions require the consent authority to be \"satisfied\" on multiple technical grounds (environmental, hydrological, landslide, noise, airspace), which increases application complexity and processing time (see cl 6.3–6.10; cl 5.21; cl 6.9–6.10).\n\nKey clauses to reference quickly: cl 1.2 (aims), cl 1.6 (consent authority), cl 1.8 (repeals older LEPs), cl 2.1–2.3 (zones and Land Use Table), cl 2.6 and cl 4.1 (subdivision / minimum lot sizes), cl 4.2–4.2C (rural subdivision exceptions and boundary adjustments), cl 1.9A (suspension of covenants), cl 5.10 (heritage), cl 6.3–6.8 (environmental overlays), cl 5.18–5.19 (intensive livestock and aquaculture), cl 5.20 (music protections), cl 6.9–6.10 (airport/aircraft noise)."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The plan has been amended approximately 45 times since its original commencement on 21 December 2012. This volume of amendments strongly indicates the scope has evolved materially from the original instrument — likely reflecting rezonings of specific parcels of land, updates to land use definitions following state-level policy changes, and adjustments to development standards over more than a decade of operation. The current version in force from 19 September 2025 would be substantially different in detail from the 2012 original, though the core purpose (land use regulation for the Tumut area) remains unchanged."},"complexity_factors":["Standard instrument LEP format means it operates within a complex layered framework — the state-level Environmental Planning and Assessment Act 1979 overrides and interacts with it","Approximately 45 amendments over 13 years means the current version may differ significantly from the original, and understanding which rules apply at any given point in time requires checking historical versions","Zone-based land use tables require cross-referencing multiple documents (zoning maps, land use definitions, development standards) to determine what applies to a specific property","Interacts with other planning instruments including State Environmental Planning Policies (SEPPs), which can override or modify local rules","Technical planning terminology (FSR, floor space ratio; LEP; development consent; permissible with/without consent) requires specialist knowledge to interpret correctly","Provisions about heritage, biodiversity, flood risk, and bush fire prone land add layers of site-specific complexity","The document provided is only the status/timeline metadata — the actual substantive planning provisions are not reproduced here, making full analysis of specific rules impossible from this extract alone"],"plain_english_summary":"The Tumut Local Environmental Plan 2012 is the legal planning rulebook that controls land use and development across the Tumut area—defining zoning, what’s allowed, what needs council approval, and protections for heritage, biodiversity and flood-prone land.  \n\nIt affects property owners, residents, businesses, farmers, developers and the council when assessing development applications. Originally made in 2012, it has been amended about 45 times, so it’s the current reference for whether and how you can use or build on land in Tumut."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/tumut-local-environmental-plan-2012","history":"/api/acts/tumut-local-environmental-plan-2012/history","analysis":"/api/acts/tumut-local-environmental-plan-2012/analysis","conflicts":"/api/acts/tumut-local-environmental-plan-2012/conflicts","importantCases":"/api/acts/tumut-local-environmental-plan-2012/important-cases","documents":"/api/acts/tumut-local-environmental-plan-2012/documents"}}