{"id":"nsw:epi-2010-0368","name":"Upper Lachlan Local Environmental Plan 2010","slug":"upper-lachlan-local-environmental-plan-2010","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"368 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181656,"registerId":"nsw-nsw:epi-2010-0368-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 Lachlan Local Environmental Plan 2010](/view/html/inforce/current/epi-2010-0368).","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Permitted or prohibited development","content":"# Part 2 Permitted or prohibited development\n\nPart 2 Permitted or prohibited development","sortOrder":13},{"sectionNumber":"2","sectionType":"section","heading":"Land use zones","content":"#### 2 Land use zones\n\n2.1 Land use zones\n\n> The land use zones under this Plan are as follows—\n> \n> > Rural Zones\n> \n> > RU1 Primary Production\n> > \n> > RU2 Rural Landscape\n> > \n> > RU3 Forestry\n> > \n> > RU4 Primary Production Small Lots\n> > \n> > RU5 Village\n> \n> > Residential Zones\n> \n> > R2 Low 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> > Conservation Zones\n> \n> > C1 National Parks and Nature Reserves\n> > \n> > C2 Environmental Conservation\n> > \n> > C3 Environmental Management\n> \n> **cl 2.1:** Am 2022 (832), Sch 1.23\\[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 2011 (363), Sch 25 \\[2\\]–\\[19\\]; 2012 (577), cl 4; 2016 (168), Sch 1 \\[5\\]; 2017 (493), Sch 1.1 \\[1\\]; 2021 (54), cl 4; 2022 (314), Sch 1; 2022 (832), Sch 1.23\\[2\\]; 2023 (86), Sch 1\\[1\\]–\\[3\\]; 2023 (458), Sch 2.77.\n\nZone RU1 Primary Production\n\nZone RU2 Rural Landscape\n\nZone RU3 Forestry\n\nZone RU4 Primary Production Small Lots\n\nZone RU5 Village\n\nZone R2 Low 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 C1 National Parks and Nature Reserves\n\nZone C2 Environmental Conservation\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> Aquaculture; Artisan food and drink industries; Cellar door premises; Dwelling houses; Extractive industries; Home industries; Landscaping material supplies; Open cut mining; Plant nurseries; Pubs; Restaurants or cafes; Roadside stalls; Rural workers’ dwellings; Secondary dwellings; Self-storage units; Timber yards; 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> Amusement centres; Centre-based child care facilities; Commercial premises; Correctional centres; Crematoria; Depots; Entertainment facilities; Exhibition homes; Exhibition villages; Freight transport facilities; Health services facilities; Home occupations (sex services); Industries; Mortuaries; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Residential accommodation; Restricted premises; Service stations; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste or resource management facilities; 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":95},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":99},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":108},{"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-lachlan-local-environmental-plan-2010) (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.\n> \n> Note.\n> \n> If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning is required to take action to enable the designation of the acquiring authority under this clause. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning (see section 21 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022)).","sortOrder":109},{"sectionNumber":"Part 6","sectionType":"part","heading":"Local provisions","content":"# Part 6 Local provisions\n\nPart 6 Local provisions","sortOrder":136},{"sectionNumber":"6","sectionType":"section","heading":null,"content":"#### 6\n\n6.1 (Repealed)","sortOrder":137},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Additional permitted uses","content":"# Schedule 1 Additional permitted uses\n\nSchedule 1 Additional permitted uses\n\n(Clause 2.5)\n\n**sch 1:** Am 2015 (488), cl 4.","sortOrder":152},{"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 (832), Sch 1.23\\[8\\] \\[9\\].","sortOrder":159},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Advertising structures and displays—erection of an advertising structure and display of an advertisement, or the display of an advertisement that is not on an advertising structure (other than an illuminated sign in a residential zone)","content":"#### sch.2-sec Advertising structures and displays—erection of an advertising structure and display of an advertisement, or the display of an advertisement that is not on an advertising structure (other than an illuminated sign in a residential zone)\n\nAdvertising structures and displays—erection of an advertising structure and display of an advertisement, or the display of an advertisement that is not on an advertising structure (other than an illuminated sign in a residential zone)\n\n> > (1) Must only display a message relating to the lawful use of the premises on which the advertisement is situated.\n> \n> > (2) Must have a maximum area of—\n> > \n> > > (a) 0.75m2 in zones RU1, RU2, RU4, RU5, R2, R5, C2 and C3, or\n> > \n> > > (b) 25% of the front elevation of a building on which it is displayed in Zone E1 or MU1, or\n> > \n> > > (c) 2.5m2 in any other zone.\n> \n> > (3) Must have a maximum height of either 3m above ground level (existing) or the height to the underside of any awning, measured at the line at which it is attached to the building, whichever is the greater, or if above a public road, must be at least 2.6m above ground or pavement level.\n> \n> > (4) If a window advertisement, must be behind the glass line of the window.\n> \n> > (5) If a real estate sign advertising that the premises on which it is displayed are for sale or lease, must have a maximum total area of 2.5m2 in all zones.\n> \n> > (6) If it replaces one of the same, or a larger, size it must be displayed on the same structure.","sortOrder":160},{"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.\n\n**sch 3:** Am 2011 (363), Sch 25 \\[31\\].","sortOrder":161},{"sectionNumber":"sch.3-sec","sectionType":"section","heading":"Change of industrial use to light industry","content":"#### sch.3-sec Change of industrial use to light industry\n\nChange of industrial use to light industry\n\n> Change of use of a building from an industry to a light industry that does not result in a change of classification under the Building Code of Australia.","sortOrder":163},{"sectionNumber":"sch.3-sec-oc.2","sectionType":"section","heading":"General conditions","content":"#### sch.3-sec-oc.2 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":165},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Classification and reclassification of public land","content":"# Schedule 4 Classification and reclassification of public land\n\nSchedule 4 Classification and reclassification of public land\n\n(Clause 5.2)","sortOrder":166},{"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 2012 (555), Sch 1 \\[1\\] \\[2\\].","sortOrder":170},{"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":172},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":174},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":176},{"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":184},{"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":185},{"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":187},{"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":188},{"sectionNumber":"11","sectionType":"section","heading":"Culture water","content":"#### 11 Culture water\n\n11 Culture water\n\n> Must use freshwater.","sortOrder":189}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Plan implements its stated aims by consolidating and replacing earlier local environmental plans and applying to the land shown on the maps (cl 1.2, cl 1.3, cl 1.8). The text provides no internal indication that its geographic or functional scope departs from those declared aims."},"complexity_factors":["Large number of zones and a detailed Land Use Table listing permitted/consent/prohibited uses (Part 2 / Land Use Table).","Multiple development pathways: development consent, exempt development, complying development with differing conditions and certificates (cl 3.1–3.2; Schedules 2–3).","Extensive cross‑references to State environmental planning policies, regulations and other Acts, creating layered legal tests and potential prevails/overrides (cl 1.9; numerous notes).","Numerical thresholds and mapped controls for lot sizes, buffers, floor areas and other limits (cl 4.1, cl 5.4, Lot Size Map).","Numerous site‑specific and local provisions (heritage listings, airport/airspace rules, Peelwood Road clause, Schedule 5 items) requiring bespoke assessment.","Environmental and hazard constraints (biodiversity, water, land, flood planning) with substantive discretionary assessment tests (cl 6.2–6.4; cl 5.21–5.22).","Discretionary exceptions to development standards requiring documented justification and consent authority record‑keeping (cl 4.6).","Administrative complexity from classification/reclassification of public land and acquisition rules tied to maps (cl 5.1–5.2).","History of amendments and repeals noted in many clauses, increasing interpretive complexity for existing approvals (see cl notes and amendment annotations)."],"plain_english_summary":"This Plan sets the land‑use rules for Upper Lachlan: it zones land, lists permitted, consent‑required and prohibited uses, and prescribes development standards, exemptions and local controls (including environmental, heritage and flood rules). It repeals earlier local plans and makes the Council the consent authority. It affects landowners, developers and State/utility agencies by changing what can be built, when development consent is required, and what approvals, conditions and compliance burdens apply (see cl 1.8, cl 1.6, Parts 2–6)."},"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"},"kimi_summary":{"_metrics":{"completionTokens":643},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The Plan appears consistent with its original 2010 purpose as a comprehensive consolidation of planning controls for Upper Lachlan. While it has been amended multiple times (as evidenced by amendment notes throughout), these appear to be refinements and updates rather than scope expansion — covering standard maintenance areas like flood planning updates, biodiversity protections, and adding specific local provisions like the Peelwood Road clause. The core structure remains: zoning, development controls, heritage protection, and environmental safeguards."},"complexity_factors":["17 different land use zones with detailed permitted/prohibited use tables","Multiple overlay maps referenced (Land Zoning Map, Lot Size Map, Heritage Map, Natural Resources Sensitivity Maps, etc.)","Nested exceptions and savings provisions (e.g., clause 1.8A preserving old applications, clause 4.6 allowing exceptions to standards)","Extensive cross-referencing to State Environmental Planning Policies and other legislation","Detailed heritage provisions with notification requirements to Heritage Council and Aboriginal communities","Multiple schedules with technical specifications (aquaculture operations, exempt development standards)","Site-specific provisions for particular addresses (e.g., 30–36 Peelwood Road, Laggan)","Conditional logic for intensive livestock agriculture with distance buffers and capacity thresholds"],"plain_english_summary":"This is the **Upper Lachlan Local Environmental Plan 2010**, a planning rulebook that controls what can be built and done on land in the Upper Lachlan region of New South Wales (around towns like Crookwell, Gunning, and Taralga).\n\n**What it does:**\n- **Zones all land** into categories like rural (farming), residential, industrial, conservation, and village areas — each with different rules about what development is allowed\n- **Sets out what needs approval** — some small things (like home businesses) don't need council permission, other things need a formal development application, and some things are banned outright\n- **Protects the environment** — special rules for sensitive land including waterways, biodiversity areas, and drinking water catchments\n- **Controls subdivision** — minimum lot sizes for breaking up land, with extra restrictions in rural and conservation zones to prevent fragmentation\n- **Protects heritage** — lists over 170 heritage items (old buildings, churches, cemeteries, bridges) and requires approval to alter or demolish them\n- **Manages specific risks** — flood planning, bush fire hazards, airport noise, and proximity to sewage treatment plants\n\n**Who it affects:**\n- Property owners wanting to build, subdivide, or change land use\n- Farmers and rural businesses\n- Developers\n- The local council (Upper Lachlan Shire), which makes most decisions\n\n**Why it matters:**\nThis Plan balances competing needs — protecting farmland and natural resources while allowing housing and economic development. It replaced several older planning schemes to create one consistent set of rules for the whole region. Recent updates added protections for arts and cultural activities, refined flood planning for climate change, and introduced new rules for farm tourism (farm stays and farm gate premises)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"As a standard instrument LEP originally made in 2010, the plan has been amended more than 50 times over 15 years. This volume of amendments strongly indicates that its scope has evolved beyond its original intent — typically reflecting rezoning requests, state policy changes, new land uses (such as renewable energy or short-term rental accommodation), and boundary adjustments. Without access to the full text and amendment schedules, the precise nature of scope changes cannot be catalogued, but the frequency of amendments is itself evidence of ongoing and material scope evolution."},"complexity_factors":["Standard instrument LEP format incorporates by reference a large body of state-level planning policy (Standard Instrument Order), requiring users to consult multiple documents simultaneously","Highly localised application — users must understand specific zoning maps and land-use tables that are not reproduced in the text provided","Over 50 amendments since 2010 create a layered, evolving legal landscape where historical versions may be relevant for past development decisions or disputes","Operates under the Environmental Planning and Assessment Act 1979, a complex parent statute with its own extensive regulations and policies","Land-use permissibility depends on zone-specific tables, site-specific provisions, and overlays (e.g., flood, heritage, biodiversity) that interact with each other","Rural and peri-urban land uses (agriculture, mining, tourism, conservation) involve competing and sometimes contradictory planning objectives","Only status/metadata information was provided — the actual operative provisions, zones, and maps could not be analysed, limiting but also reflecting the document's inherent complexity"],"plain_english_summary":"The Upper Lachlan Local Environmental Plan 2010 is the planning rulebook for land use and development across Upper Lachlan Shire — it zones land, sets building and subdivision rules, and protects farmland, heritage, biodiversity and flood-prone areas. It affects property owners, farmers, developers, businesses and anyone proposing subdivisions or new buildings.\n\nIt matters because it determines what you can build or operate (and where), and non‑compliance can bring fines or demolition. The plan has been amended over 50 times, so always check the current version."}},"importantCases":[],"_links":{"self":"/api/acts/upper-lachlan-local-environmental-plan-2010","history":"/api/acts/upper-lachlan-local-environmental-plan-2010/history","analysis":"/api/acts/upper-lachlan-local-environmental-plan-2010/analysis","conflicts":"/api/acts/upper-lachlan-local-environmental-plan-2010/conflicts","importantCases":"/api/acts/upper-lachlan-local-environmental-plan-2010/important-cases","documents":"/api/acts/upper-lachlan-local-environmental-plan-2010/documents"}}