{"id":"nsw:epi-2013-0756","name":"Upper Hunter Local Environmental Plan 2013","slug":"upper-hunter-local-environmental-plan-2013","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"756 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181243,"registerId":"nsw-nsw:epi-2013-0756-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 [Upper Hunter Local Environmental Plan 2013](/view/html/inforce/current/epi-2013-0756).","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> > R1 General 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> > C3 Environmental Management\n> \n> **cl 2.1:** Am 2022 (831), Sch 1.25\\[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 2017 (493), Sch 1.1 \\[1\\]; 2018 (488), Sch 1.1 \\[1\\]; 2019 (137), Sch 6 \\[1\\]; 2019 (621), Sch 3; 2022 (831), Sch 1.25\\[1A\\] (ins 2023 (82), Sch 1.5\\[31\\]) \\[2\\]; 2023 (458), Sch 2.76.\n\nZone RU1 Primary Production\n\nZone RU3 Forestry\n\nZone RU4 Primary Production Small Lots\n\nZone RU5 Village\n\nZone R1 General 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\n\nZone C3 Environmental Management","sortOrder":30},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Agritourism; Air transport facilities; Airstrips; Animal boarding or training establishments; Aquaculture; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Community facilities; Correctional centres; Crematoria; Depots; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Emergency services facilities; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Function centres; Funeral homes; Health services facilities; Helipads; Home-based child care; Home businesses; Home industries; Information and education facilities; Intensive livestock agriculture; Jetties; Landscaping material supplies; Mortuaries; Open cut mining; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Respite day care centres; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Sewerage systems; Signage; Tourist and visitor accommodation; Transport depots; Truck depots; Turf farming; Veterinary hospitals; Water recreation structures; Water supply systems; Wharf or boating facilities","sortOrder":33},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Hospitals; Hotel or motel accommodation; Serviced apartments; Any other development not specified in item 2 or 3","sortOrder":34},{"sectionNumber":"Part 3","sectionType":"part","heading":"Exempt and complying development","content":"# Part 3 Exempt and complying development\n\nPart 3 Exempt and complying development","sortOrder":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":110},{"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/upper-hunter-local-environmental-plan-2013) (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).\n> > \n> > | Type of land shown on Map | Authority of the State |\n> > | Zone RE1 Public Recreation and marked “Local open space” | Council |\n> > | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |\n> > | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |\n> > | Zone SP2 Infrastructure and marked “Local Road and Car Parking” | Council |\n> > | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |\n> \n> > (3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.","sortOrder":111},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":137},{"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":138},{"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 2016 (27), cl 5; 2016 (482), cl 4; 2022 (831), Sch 1.25\\[7\\] \\[8\\].","sortOrder":150},{"sectionNumber":"7","sectionType":"section","heading":"Use of certain land at Mayne Street, Murrurundi in Zone MU1","content":"#### 7 Use of certain land at Mayne Street, Murrurundi in Zone MU1\n\n7 Use of certain land at Mayne Street, Murrurundi in Zone MU1\n\n> > (1) This clause applies to land at Mayne Street, Murrurundi, being Lot 1, DP 112569 and Lot 2, DP 770132.\n> \n> > (2) Development for the purpose of a vehicle body repair workshop is permitted with development consent.","sortOrder":157},{"sectionNumber":"8","sectionType":"section","heading":"Use of certain land at Caulfield Place, Flemington Drive, Moonee Valley Close and Randwick Way, Scone in Zone RE2","content":"#### 8 Use of certain land at Caulfield Place, Flemington Drive, Moonee Valley Close and Randwick Way, Scone in Zone RE2\n\n8 Use of certain land at Caulfield Place, Flemington Drive, Moonee Valley Close and Randwick Way, Scone in Zone RE2\n\n> > (1) This clause applies to the following land known as the Hunter Valley Equine Research Centre Precinct at Scone—\n> > \n> > > (a) Lots 806–812, DP 1061912, Caulfield Place,\n> > \n> > > (b) Lot 10, DP 1050834 and Lot 816, DP 1061912, Flemington Drive,\n> > \n> > > (c) Lots 813–815, DP 1061912, Moonee Valley Close,\n> > \n> > > (d) Lot 72, DP 852547 and Lot 805, DP 1061912, Randwick Way.\n> \n> > (2) Development for the purposes of animal boarding or training establishments and veterinary hospitals is permitted with development consent.","sortOrder":158},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Exempt development","content":"# Schedule 2 Exempt development\n\nSchedule 2 Exempt development\n\n(Clause 3.1)\n\nNote 1.\n\n[State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.\n\nNote 2.\n\nExempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.\n\n**sch 2:** Am 2022 (831), Sch 1.25\\[9\\]–\\[14\\].","sortOrder":159},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Commercial use of footpaths","content":"#### sch.2-sec Commercial use of footpaths\n\nCommercial use of footpaths\n\n> > (1) Must be located within a road reserve for which the Council is the roads authority under the [Roads Act 1993](/view/html/inforce/current/act-1993-033).\n> \n> > (2) Maximum area—20m2 per use.","sortOrder":160},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Dams in Zones RU1, RU4, R5 and C3","content":"#### sch.2-sec-oc.2 Dams in Zones RU1, RU4, R5 and C3\n\nDams in Zones RU1, RU4, R5 and C3\n\n> > (1) Embankment fill batter grades must not be steeper than 1:2.5 (vertical: horizontal).\n> \n> > (2) Minimum distance from any property boundary—10m.\n> \n> > (3) Maximum fill embankment crest width—3m.\n> \n> > (4) Minimum height difference between the embankment crest level and the spillway level—1m.\n> \n> > (5) Maximum fill embankment height—3m (measured from ground level (existing) immediately down slope of the embankment to the top of the embankment crest level).\n> \n> Note.\n> \n> Farm dams must comply with the NSW Farm Dams Policy (Harvestable Right Dams Policy), a copy of which can be obtained from the NSW Office of Water.","sortOrder":161},{"sectionNumber":"sch.2-sec-oc.3","sectionType":"section","heading":"Restumping or repairing structure foundations of existing building that is a heritage item or in a heritage conservation area","content":"#### sch.2-sec-oc.3 Restumping or repairing structure foundations of existing building that is a heritage item or in a heritage conservation area\n\nRestumping or repairing structure foundations of existing building that is a heritage item or in a heritage conservation area\n\n> > (1) Existing floor height must not be altered unless the alterations result from floor levelling to rectify unevenness.\n> \n> > (2) Termite barriers must be maintained or installed in accordance with AS 3660—2000, Termite management.\n> \n> > (3) Must not involve alterations to existing plumbing and drainage works. Repairs to defective pipe work must be undertaken by a licensed plumber.\n> \n> > (4) Materials used must be the same as the existing stumps, bracing or any infill.","sortOrder":162},{"sectionNumber":"sch.2-sec-oc.4","sectionType":"section","heading":"Signage","content":"#### sch.2-sec-oc.4 Signage\n\nSignage\n\n> > (1) General requirements Signage must comply with the following—\n> > \n> > > (a) must be non-moving,\n> > \n> > > (b) must relate to the lawful use of the land on which the sign is located (except for community information or directional signs),\n> > \n> > > (c) must be within the boundary of the property to which the signage relates (except for under awning signs in Zone E1 or MU1 and community information or directional signs),\n> > \n> > > (d) must not obstruct the sight line of vehicular or pedestrian traffic,\n> > \n> > > (e) must have the consent of the owner of the property on which the sign is located,\n> > \n> > > (f) must not be illuminated or flashing,\n> > \n> > > (g) must not be located on a heritage item or in a heritage conservation area unless the advertisement will replace existing signage.\n> \n> > (2) Business identification signs in Zone E1 or MU1 Must comply with the following—\n> > \n> > > (a) under awning signs (being a sign attached to the underside of an awning other than a fascia or return end) must comply with the following—\n> > > \n> > > > (i) 1 sign per ground floor premises with street frontage,\n> > > \n> > > > (ii) maximum length—2.5m,\n> > > \n> > > > (iii) maximum height—0.5m,\n> > > \n> > > > (iv) minimum distance from outer edge of awning—0.3m,\n> > > \n> > > > (v) must be at least 2.6m above any public footpath,\n> > \n> > > (b) flush wall signs (being a sign attached to the wall of a building, other than the transom of a doorway or display window, and not projecting more than 300mm) must comply with the following—\n> > > \n> > > > (i) maximum area—\n> > > > \n> > > > > (A) if the building elevation is 100m2 or less—20% of the elevation, or\n> > > > \n> > > > > (B) if the building elevation is more than 100m2 but no more than 200m2—20m2, or\n> > > > \n> > > > > (C) if the building elevation is more than 200m2—10% of the elevation,\n> > > \n> > > > (ii) must not project above or beyond the parapet or eaves,\n> > > \n> > > > (iii) 1 sign per building elevation,\n> > > \n> > > > (iv) must not cover mechanical ventilation inlet or outlet vents, windows or wall openings,\n> > \n> > > (c) freestanding signs (being a moveable freestanding sign displayed at ground level) must comply with the following—\n> > > \n> > > > (i) maximum area—0.65m2,\n> > > \n> > > > (ii) 1 sign per business.\n> \n> > (3) Business identification signs (excluding sex services premises) in Zone E4 Must comply with the following—\n> > \n> > > (a) pole or pylon signs must comply with the following—\n> > > \n> > > > (i) 1 sign per premises (including any directory board for multiple occupancies),\n> > > \n> > > > (ii) maximum height—3m,\n> > > \n> > > > (iii) must be at least 2.6m above any public footpath,\n> > > \n> > > > (iv) maximum surface area—\n> > > > \n> > > > > (A) if relating to a single occupancy premises—4m2, or\n> > > > \n> > > > > (B) if relating to a multiple occupancy premises—8m2,\n> > \n> > > (b) flush wall signs (being a sign attached to the wall of a building, other than the transom of a doorway or display window, and not projecting more than 300mm) must comply with the following—\n> > > \n> > > > (i) maximum area—\n> > > > \n> > > > > (A) if the building elevation is greater than 200m2—10% of the elevation, or\n> > > > \n> > > > > (B) if the building elevation is greater than 100m2 but not greater than 200m2—20m2, or\n> > > > \n> > > > > (C) if the building elevation is 100m2 or less—20% of the elevation,\n> > > \n> > > > (ii) must not project above or beyond the parapet or eaves,\n> > > \n> > > > (iii) 1 sign per building elevation,\n> > > \n> > > > (iv) must not cover mechanical ventilation inlet or outlet vents, windows or wall openings,\n> > \n> > > (c) freestanding signs must comply with the following—\n> > > \n> > > > (i) maximum area—0.65m2,\n> > > \n> > > > (ii) 1 sign per business,\n> > \n> > > (d) top hamper signs (being a sign attached to the transom of a doorway or window)—maximum 1 sign per building elevation.\n> \n> > (4) Business identification signs in rural and residential zones Must comply with the following—\n> > \n> > > (a) maximum area—\n> > > \n> > > > (i) if located in a rural zone—0.75m2, or\n> > > \n> > > > (ii) if located in a residential zone—0.6m2,\n> > \n> > > (b) maximum 1 sign per premises,\n> > \n> > > (c) if located in a rural zone, must not be within 250m of a classified road.\n> \n> > (5) Community information and directional signs Must comply with the following—\n> > \n> > > (a) must be installed by or on behalf of a public authority,\n> > \n> > > (b) must be located wholly on a footpath or, with the owner’s consent, be attached to a fence.\n> \n> > (6) Real estate signs Must comply with the following—\n> > \n> > > (a) maximum area—\n> > > \n> > > > (i) if advertising land development—6m2, or\n> > > \n> > > > (ii) if located in an employment zone—4.5m2, or\n> > > \n> > > > (iii) if located in a rural or residential zone—2.5m2, and\n> > \n> > > (b) must be removed within 14 days after the last lot, premises or land is sold.\n> \n> > (7) Temporary signs for religious, cultural, social or recreational events Must comply with the following—\n> > \n> > > (a) maximum area—1.5m2,\n> > \n> > > (b) 1 sign per street frontage,\n> > \n> > > (c) must not include commercial advertising apart from the name of the event’s sponsor,\n> > \n> > > (d) must not be displayed earlier than 28 days before, or later than 14 days after, the event,\n> > \n> > > (e) must not be used in relation to recurring events.\n> \n> > (8) Window signs in an employment zone (excluding sex services premises) must not occupy more than 25% of the area of the window.","sortOrder":163},{"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":164},{"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":167},{"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 2016 (40), cl 4 (1) (2); 2024 (308), Sch 1.\n\n**Maps:** Am 2015 (637), cl 4; 2016 (27), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.","sortOrder":168},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Environmental heritage","content":"# Schedule 5 Environmental heritage\n\nSchedule 5 Environmental heritage\n\n(Clause 5.10)","sortOrder":172},{"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":176},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":178},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":180},{"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":191},{"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":192},{"sectionNumber":"11","sectionType":"section","heading":"Culture water","content":"#### 11 Culture water\n\n11 Culture water\n\n> Must use freshwater.","sortOrder":193}],"analysis":{"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"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Plan has expanded in scope beyond a basic consolidation of local zoning rules. While its original, stated purpose is to provide local environmental planning provisions for the Upper Hunter (cl 1.2), the instrument has accreted a large number of detailed, state‑aligned technical controls and site‑specific permissions. Examples include: the insertion of detailed flood planning and special flood considerations and their link to state guidance (cl 5.21–5.22); biodiversity, groundwater and drinking water catchment overlay rules with substantive assessment tests (cl 6.3–6.5); aerodrome airspace and aircraft noise controls tied to Commonwealth consultation (cl 6.7–6.8); specific protections for live music at licensed premises (cl 5.20); and detailed sector‑specific technical schedules (aquaculture Schedule 6). The Plan also contains numerous site‑specific additional uses in Schedule 1 and an extensive heritage schedule (Schedule 5). These additions move the instrument beyond purely zoning and high‑level development standards into operational risk management, sector regulation and parcel‑specific land rights — increasing regulatory detail, parties involved in decisions (State/Commonwealth/industry bodies) and implementation complexity."},"complexity_factors":["Large number of land use zones (14 distinct zones listed cl 2.1) and a detailed Land Use Table with per‑zone permitted/consent/prohibited lists","Multiple technical map overlays required to apply rules (Land Zoning Map, Lot Size Map, Height of Buildings Map, Floor Space Ratio Map, Terrestrial Biodiversity Map, Groundwater Vulnerability Map, Drinking Water Catchment Map, Watercourse Map, Air Noise Exposure Forecast Map, Obstacle Limitation Surface Map, Land Reservation Acquisition Map, Heritage Map — see cl 1.3, cl 1.7 and clauses across Parts 4–6)","Numerous schedules (at least Schedules 1–6) containing site‑specific permissions, exempt/compliant development lists and technical requirements (Schedules 1–6)","Extensive cross‑references to State and other Acts and State Environmental Planning Policies (many clauses reference other EPIs, the Act, Heritage Act, Fisheries Management Act, Local Government Act etc.)","Nested and conditional subdivision rules (clauses 4.1, 4.1AA–4.1D, 4.2–4.2C include exceptions, strata/community title exceptions and split‑zone rules)","Multiple environmental overlay clauses with their own assessment criteria and prohibitions (terrestrial biodiversity cl 6.3, groundwater cl 6.4, drinking water catchments cl 6.5, riparian land cl 6.6, flood planning cl 5.21–5.22)","Discretionary exception framework with record‑keeping requirements and express prohibitions (cl 4.6)","Extensive heritage schedule: long list of heritage items and multiple heritage conservation areas (Schedule 5) increasing project‑specific obligations","Sector‑specific, technical operational rules (aquaculture Schedule 6, intensive livestock thresholds cl 5.18, airspace/airport operational rules cl 6.7–6.8)","Multiple amendment annotations and repeals in the text (shows the Plan has been amended repeatedly — increases interpretive complexity)"],"plain_english_summary":"**What this Plan does (mechanically)**\n\n- Establishes the zoning and land-use rules for all land shown on the Plan’s maps for the Upper Hunter local government area (zones, maps, schedules govern what you can and cannot do on each parcel) (cl 1.3; cl 2.1–2.3).\n- Sets out the Land Use Table that lists, for each zone, the objectives, uses permitted without consent, uses permitted only with development consent, and prohibited uses (cl 2.3; Land Use Table).\n- Specifies development standards that apply across the area: minimum lot sizes and subdivision rules, building height limits, floor space ratios and rules for calculating them (Part 4, cl 4.1–4.5).\n- Identifies exempt development (no development consent required) and complying development (fast‑track approvals subject to conditions) and the standards they must meet (Part 3, cl 3.1–3.3; Schedules 2–3).\n- Adds a range of locally specific provisions and technical overlays that must be considered in development decisions: heritage listings and conservation areas (Schedule 5; cl 5.10), terrestrial biodiversity and groundwater vulnerability areas (cl 6.3–6.4), drinking water catchments and riparian land (cl 6.5–6.6), flood planning and special flood considerations (cl 5.21–5.22), and airspace/aircraft noise controls around Scone Memorial Aerodrome (cl 6.7–6.8).\n- Contains sector‑specific rules: aquaculture (cl 5.19 and Schedule 6), intensive livestock thresholds and locational buffers (cl 5.18), controls on signage, home businesses/industries, bed & breakfast and secondary dwellings (cl 5.4–5.5), temporary events (cl 6.9), and rules protecting the playing and performing of music at licensed premises (cl 5.20).\n- Repeals older local environmental plans that applied to the area and consolidates them under this Plan; specifies which public authorities are the relevant acquisition authorities and classifies certain public land (cl 1.8; cl 5.1–5.2; Schedule 4).\n\n**Who it affects**\n\n- Landowners and prospective purchasers (controls on subdivision, permitted uses, minimum lot sizes) (Part 4, cl 4.1 et seq.).\n- Developers and builders (what development needs consent, height/FSR limits, heritage and environmental constraints, exempt/complying pathways) (Part 2, Part 3, Part 4).\n- Businesses operating licensed premises and venues (music protections and noise management rules) (cl 5.20).\n- Primary producers and rural operators (rural zoning, rural worker dwellings, restrictions on fragmentation and canal estates, intensive livestock thresholds) (zones RU1/RU4; cl 2.1; cl 4.2, cl 5.18).\n- Council (the local consent authority responsible for determining most applications) and specified State or Commonwealth bodies in certain technical areas (e.g. transport/airspace consultation) (cl 1.6; cl 6.7).\n- Heritage custodians, Aboriginal communities and environmental authorities (assessment and consultation obligations for heritage, Aboriginal places and biodiversity overlays) (cl 5.10; cl 6.3; cl 6.6).\n\n**Why it matters (policy aims stated and how they operate in practice)**\n\n- The Plan’s stated aim is to make local planning provisions for the Upper Hunter consistent with relevant standard State instruments and to protect agriculture, natural and cultural heritage, biodiversity, and water resources while providing for appropriate urban and rural development (cl 1.2).  \n\n- In practice the Plan does this by setting: zoning (what uses are allowed where); development standards (lot sizes, heights, FSR); environmental and heritage assessment requirements; and special rules for sensitive areas (flood zones, biodiversity, groundwater). These mechanisms shape private choices (whether to subdivide, redevelop, run particular businesses), impose compliance costs (application fees, heritage or environmental studies), and allocate discretion to the consent authority (Council) to approve or refuse development (cl 2.3(2); cl 4.6).\n\n**Costs, incentives and trade‑offs (brief analyst testing of the Plan’s mechanisms)**\n\n- Who pays: costs fall primarily on landowners and developers (application fees, need to meet technical standards, mitigation works, possible restrictions on subdivision or use) and on local government for administering consents and map maintenance (cl 1.7; cl 1.6). State or Commonwealth bodies may incur costs where consultation or acquisition functions are triggered (cl 5.1; cl 6.7).\n\n- Who decides: the local Council is the consent authority for most matters (cl 1.6). Certain technical matters require consultation with or input from State/Commonwealth bodies (airspace/airport safety, some State environmental planning policies) which constrains local discretion (cl 1.9; cl 6.7).\n\n- Behavioural effects and incentives: the Plan restricts fragmentation of agricultural land through minimum lot sizes and specific rural subdivision rules (cl 4.1, cl 4.2, cl 4.2A), which discourages speculative rural subdivision. It also enables particular additional permitted uses in Schedule 1 that confer concentrated benefits on specific landowners. Exempt and complying development pathways lower cost and time for low‑impact activities (cl 3.1–3.2, Sched 2–3).\n\n- Discretion and uncertainty: clauses authorising exceptions to development standards allow the consent authority to approve departures where planning grounds justify it (cl 4.6). That flexibility can produce better tailored outcomes but increases discretion and the need for records and reasons, raising uncertainty for applicants.\n\n- Compliance and implementation risks: the Plan depends on multiple overlay maps (zoning, lot size, height, FSR, biodiversity, groundwater, watercourses, heritage and others) and cross‑references to State policies and standards. Effective application requires accurate up‑to‑date spatial data and staff capable of interpreting technical overlays (cl 1.7; many clauses referencing maps).\n\n- Concentrated benefits and potential for rent effects: Schedule 1 creates site‑specific additional permissions for named parcels (e.g. vehicle repair station in Aberdeen) — these confer a direct economic benefit to particular owners while the rest of the land remains governed by the standard Land Use Table (Schedule 1).\n\n**Key compliance choke points developers and owners should note**\n\n- Minimum lot size and subdivision constraints (Lot Size Map and cl 4.1 and related clauses) — subdivisions that breach mapped minima are disallowed unless an exception applies.\n- Heritage and Aboriginal place approvals (cl 5.10) — demolition, alteration or excavation may need consent and consultation with heritage authorities or local Aboriginal communities.\n- Flood planning and special flood considerations (cl 5.21–5.22) — development in flood planning areas requires specific findings about risk to life, evacuation, and flood behaviour.\n- Environmental overlays (biodiversity, groundwater, riparian zones) trigger assessment criteria and may preclude exempt/compliant pathways (cl 6.3–6.6; cl 3.3).\n- Aerodrome/airspace controls around Scone Memorial Aerodrome (cl 6.7–6.8) — development that penetrates the operations or limitation surfaces requires Commonwealth consultation and may be refused.\n\n**Where the Plan concentrates decision‑making power**\n\n- Large elements of discretion sit with the consent authority (Council) — both in determining applications and in the use of exception clauses (cl 2.3(2); cl 4.6). Certain decisions require external consultation (heritage/Heritage Council, Commonwealth for airspace) which can constrain or direct Council outcomes (cl 5.10(7), cl 6.7).\n\n**Practical takeaway**\n\n- If you own, buy, subdivide or develop land in the Upper Hunter you must check the Plan’s maps and zone rules for that lot, note any overlays (heritage, biodiversity, flood, groundwater, aerodrome noise/obstacle limits), and assess whether your proposal fits the Land Use Table or needs development consent. Exempt and complying pathways exist for low‑impact works but are explicitly excluded on sensitive mapped areas (cl 3.1–3.3; cl 3.3). The local Council is the primary decision‑maker, with State or Commonwealth bodies involved on specific technical issues (cl 1.6; cl 1.9; cl 6.7)."},"kimi_summary":{"_metrics":{"completionTokens":657},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a comprehensive local environmental plan for the Upper Hunter region. While it has been amended multiple times (noted in clause histories), these amendments appear to be incremental updates rather than scope expansion — covering matters like community title schemes, strata subdivisions, and flood planning updates that fall within the plan's original planning and development control purpose."},"complexity_factors":["Multiple overlapping zone systems (15 zones) with detailed land use tables","Extensive cross-referencing to external maps (Lot Size Map, Height Map, Floor Space Ratio Map, Heritage Map, etc.)","Numerous conditional clauses with exceptions (e.g., clause 4.1B allowing smaller lots for housing diversity, subject to multiple conditions)","Heritage provisions with 8 subclauses and multiple notification requirements","Flood planning clauses referencing external technical documents (Flood Risk Management Manual, Considering Flooding in Land Use Planning Guideline)","Aquaculture provisions with species-specific requirements and exclusion zones","Multiple savings and transitional provisions (clauses 1.8, 1.8A, 1.9A)","Schedule-based structure with 6 schedules including detailed tables and site-specific provisions","Defined terms scattered throughout requiring Dictionary consultation","Nested exceptions in development standards (e.g., clause 4.6 exceptions to exceptions)"],"plain_english_summary":"This is the **Upper Hunter Local Environmental Plan 2013**, a planning rulebook that controls what can be built and how land can be used across the Upper Hunter region of New South Wales (covering towns like Scone, Murrurundi, Merriwa and surrounding rural areas).\n\n**What it does:**\n- **Zones land** into categories like rural (farming, forestry), residential, industrial, mixed-use, recreation and conservation areas\n- **Sets rules for development** — specifying what needs council approval, what doesn't, and what's banned in each zone\n- **Protects the environment** through special clauses for biodiversity, groundwater, drinking water catchments, riparian (riverbank) areas and flood-prone land\n- **Preserves heritage** — listing over 220 heritage items (buildings, bridges, homesteads) and 5 conservation areas\n- **Controls subdivision** — setting minimum lot sizes to prevent rural land fragmentation\n- **Manages specific risks** — including aircraft noise near Scone airport, intensive agriculture, and canal estates\n\n**Key features:**\n- **15 land use zones** ranging from primary production (RU1) to national parks (C1)\n- **Exempt and complying development** pathways — allowing some minor works without full council approval\n- **Special protections** for agricultural land, water resources, native vegetation and threatened species\n- **Heritage controls** requiring approval for changes to listed buildings and archaeological sites\n- **Flood planning requirements** that restrict development in flood-prone areas\n\n**Who it affects:**\n- Property owners, farmers, developers and businesses in the Upper Hunter Shire\n- Council (as the consent authority for most decisions)\n- State agencies for infrastructure and environmental matters"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"While the original intent was to provide a consolidated land use framework for the Upper Hunter region, the 40+ amendments over 12 years indicate the plan's scope has evolved considerably — likely expanding to address new land uses (such as renewable energy), updated state planning policies, boundary changes, and community pressure points. This is typical of LEPs but represents a meaningful drift from the original 2013 instrument."},"complexity_factors":["Operates under the Environmental Planning and Assessment Act 1979, requiring cross-referencing with state-level legislation","Uses a 'standard instrument' framework — meaning it follows a NSW-wide template but with significant local variations applied","Contains land use zone tables with permitted/prohibited use lists that require detailed interpretation","Interacts with overlays such as flood, heritage, biodiversity, and bushfire constraints that add layers of assessment","Over 40 amendments since 2013, meaning provisions have changed substantially over time and checking the correct version is critical","Applies to a geographically diverse region encompassing rural, residential, mining, and environmental land types","Decisions under the plan require consideration of development standards, exceptions, and consent authority rules","Maps are integral to the plan but not visible in this extract, making zone identification impossible without the full document"],"plain_english_summary":"The Upper Hunter Local Environmental Plan 2013 is the rulebook that governs what can be built and where across the Upper Hunter region of NSW. It zones land and sets rules on permitted uses, development controls (height, lot coverage), and protections for heritage, biodiversity and flood‑prone areas. It affects landowners, developers, farmers, mining companies and councils — and, having been amended over 40 times, you must check the current version before acting."}},"importantCases":[],"_links":{"self":"/api/acts/upper-hunter-local-environmental-plan-2013","history":"/api/acts/upper-hunter-local-environmental-plan-2013/history","analysis":"/api/acts/upper-hunter-local-environmental-plan-2013/analysis","conflicts":"/api/acts/upper-hunter-local-environmental-plan-2013/conflicts","importantCases":"/api/acts/upper-hunter-local-environmental-plan-2013/important-cases","documents":"/api/acts/upper-hunter-local-environmental-plan-2013/documents"}}