{"id":"nsw:epi-2010-0378","name":"Wagga Wagga Local Environmental Plan 2010","slug":"wagga-wagga-local-environmental-plan-2010","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"378 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181601,"registerId":"nsw-nsw:epi-2010-0378-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 [Wagga Wagga Local Environmental Plan 2010](/view/html/inforce/current/epi-2010-0378).","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> > > RU6 Transition\n> \n> > Residential Zones\n> \n> > > R1 General Residential\n> > \n> > > R3 Medium Density Residential\n> > \n> > > R5 Large Lot Residential\n> \n> > Employment Zones\n> \n> > E1 Local Centre\n> > \n> > E2 Commercial Centre\n> > \n> > E3 Productivity Support 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> > > C2 Environmental Conservation\n> > \n> > > C4 Environmental Living\n> \n> > Waterway Zones\n> \n> > > W1 Natural Waterways\n> > \n> > > W2 Recreational Waterways\n> \n> **cl 2.1:** Am 2012 (335), Sch 1 \\[1\\]; 2015 (203), Sch 1 \\[1\\]; 2022 (832), 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 2011 (363), Sch 26 \\[2\\]–\\[32\\]; 2012 (335), Sch 1 \\[2\\]; 2012 (556), cl 4 (1) (2); 2014 No 88, Sch 2.73 \\[1\\] \\[2\\]; 2015 (203), Sch 1 \\[2\\]–\\[21\\]; 2016 (168), Sch 1 \\[2\\] \\[5\\]; 2017 (493), Sch 1.1 \\[1\\]; 2018 (488), Sch 1.1 \\[1\\] \\[2\\]; 2018 (607), cl 5 (1) (2); 2019 (137), Sch 6 \\[1\\]; 2021 (655), cl 4(1)–(5); 2022 (314), Sch 1; 2022 (832), Sch 1.25\\[2\\]; 2024 (556), Sch 1.\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 RU6 Transition\n\nZone R1 General Residential\n\nZone R3 Medium Density Residential\n\nZone R5 Large Lot Residential\n\nZone E1 Local Centre\n\nZone E2 Commercial Centre\n\nZone E3 Productivity Support\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 C2 Environmental Conservation\n\nZone C4 Environmental Living\n\nZone W1 Natural Waterways\n\nZone W2 Recreational Waterways","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; Bed and breakfast accommodation; Cellar door premises; Dual occupancies; Dwelling houses; Extractive industries; Farm buildings; Farm stay accommodation; Hardware and building supplies; Home industries; Intensive livestock agriculture; Intensive plant agriculture; Markets; Open cut mining; Roadside stalls; Rural supplies; Rural workers’ dwellings; Secondary dwellings; 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> Airports; Amusement centres; Camping grounds; Caravan parks; Commercial premises; Crematoria; Eco-tourist facilities; Entertainment facilities; Exhibition homes; Exhibition villages; Freight transport facilities; Function centres; Health services facilities; Heavy industrial storage establishments; Home occupations (sex services); Industrial training facilities; Industries; Local distribution premises; Mortuaries; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Residential accommodation; Restricted premises; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Wharf or boating 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":123},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":127},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":139},{"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/wagga-wagga-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 “Public open space” | Land and Housing Corporation |\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 Part. 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)).\n> \n> Note.\n> \n> At the time this Plan was made no land in the zones listed in the Table to subclause (2) was included on the [Land Reservation Acquisition Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/wagga-wagga-local-environmental-plan-2010).\n> \n> **cl 5.1:** Am 2024 (552), Sch 1.","sortOrder":140},{"sectionNumber":"Part 6","sectionType":"part","heading":"Urban release areas","content":"# Part 6 Urban release areas\n\nPart 6 Urban release areas","sortOrder":166},{"sectionNumber":"6","sectionType":"section","heading":"Arrangements for designated State public infrastructure","content":"#### 6 Arrangements for designated State public infrastructure\n\n6.1 Arrangements for designated State public infrastructure\n\n> > (1) The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban or industrial purposes.\n> \n> > (2) Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.\n> \n> > (3) If there was no minimum lot size specified for the land immediately before the land became, or became part of, an urban release area, development consent must not be granted for the subdivision of the land unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.\n> \n> > (4) Subclause (2) does not apply to—\n> > \n> > > (a) any lot identified in the certificate as a residue lot, or\n> > \n> > > (b) any lot created by a subdivision previously consented to in accordance with this clause, or\n> > \n> > > (c) any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or\n> > \n> > > (d) a subdivision for the purpose only of rectifying an encroachment on any existing lot.\n> \n> > (5) This clause does not apply to land in an urban release area if all or any part of the land is in a region within the meaning of the Act, Division 7.1, Subdivision 4.\n> \n> **cl 6.1:** Am 2019 (621), Sch 1.13; 2023 (554), Sch 1.","sortOrder":167},{"sectionNumber":"Part 7","sectionType":"part","heading":"Additional local provisions","content":"# Part 7 Additional local provisions\n\nPart 7 Additional local provisions","sortOrder":172},{"sectionNumber":"7","sectionType":"section","heading":"Restriction on new dwellings at North Wagga Wagga","content":"#### 7 Restriction on new dwellings at North Wagga Wagga\n\n7.1 Restriction on new dwellings at North Wagga Wagga\n\n> > (1) The objective of this clause is to prevent intensified residential development on flood planning land in North Wagga Wagga and to control the replacement of, and alterations or additions to, lawfully erected dwellings on that land.\n> \n> > (2) This clause applies to land identified as a “Special Site” on the [North Wagga Wagga Restrictions on New Dwellings Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/wagga-wagga-local-environmental-plan-2010).\n> \n> > (3) Despite any other provision of this Plan, development consent must not be granted for the erection of a new dwelling on land to which this clause applies unless the consent authority is satisfied that—\n> > \n> > > (a) the new dwelling is a replacement dwelling, and\n> > \n> > > (b) any habitable floor space contained within the replacement dwelling is above the flood planning level, and\n> > \n> > > (c) any non-habitable floor space below the flood planning level does not create an unreasonable risk of injury to persons or damage to property, and\n> > \n> > > (d) adequate arrangements have been made for the demolition and removal of the dwelling it replaces.\n> \n> > (4) Development consent must not be granted to a development application for the carrying out of alterations or additions to an existing dwelling on land to which this clause applies unless the consent authority is satisfied—\n> > \n> > > (a) that the dwelling as proposed to be altered or added to will be substantially the same as the existing dwelling, and\n> > \n> > > (b) if the existing dwelling does not contain habitable floor space below the flood planning level, the alterations or additions will not create any floor space below the flood planning level, and\n> > \n> > > (c) if the existing dwelling already contains habitable floor space below the flood planning level, the alterations or additions, when taken together with any alterations or additions for which development consent has been granted, will not result in the amount of habitable floor space below the flood planning level created by alterations or additions, exceeding 50 square metres, and\n> > \n> > > (d) if the alterations or additions will raise the height of the floor level of the entire dwelling, the finished floor level of the dwelling will be at or above the flood planning level.\n> \n> > (5) In determining whether a dwelling as proposed to be altered or added to will be substantially the same as the existing dwelling, the consent authority must have regard to the following matters—\n> > \n> > > (a) the extent to which the structural elements of the existing dwelling (such as the walls, roof and slab footings) will be altered, removed or replaced by the alterations or additions,\n> > \n> > > (b) the extent to which the bulk and scale of the existing dwelling will be changed by the alterations or additions, including any additional amount of floor space or storeys,\n> > \n> > > (c) any other factors that the consent authority considers relevant.\n> \n> > (6) A reference in subclause (4)(c) to development consent is a reference to a development consent granted under this Plan or [Wagga Wagga Local Environmental Plan 1985](/view/html/repealed/current/epi-1985-0015) (before its repeal), but does not include a development consent that has been surrendered or has lapsed.\n> \n> > (7) In this clause—\n> > \n> > flood planning level means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metre freeboard.\n> > \n> > replacement dwelling means a dwelling that is lawfully erected and that replaces—\n> > \n> > > (a) a lawfully erected dwelling on land identified as a “Special Site” on the [North Wagga Wagga Restrictions on New Dwellings Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/wagga-wagga-local-environmental-plan-2010) and that was in existence at the commencement of this Plan, or\n> > \n> > > (b) a lawfully erected dwelling that has replaced a dwelling referred to in paragraph (a).\n> \n> Note.\n> \n> Development for the purpose of alterations or additions to which this clause applies that is exempt or complying development under the [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) (in particular, the Housing Alterations Code in that Policy) may be carried out as exempt or complying development in accordance with that Policy.\n> \n> **cl 7.1:** Subst 2016 (739), Sch 1 \\[2\\].","sortOrder":173},{"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 2018 (189), cl 4; 2018 (488), Sch 1.2; 2022 (601), cl 4; 2022 (832), Sch 1.25\\[14\\] \\[15\\].","sortOrder":188},{"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 2015 (469), Sch 1 \\[2\\]; 2020 (39), Sch 1; 2020 (69), Sch 1.13; 2023 (83), Sch 1.10\\[1\\]; 2023 (609), Sch 1.26.","sortOrder":195},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Change of use—exhibition home to dwelling","content":"#### sch.2-sec Change of use—exhibition home to dwelling\n\nChange of use—exhibition home to dwelling\n\n> > (1) Current use must be a lawful use and must not be an existing use within the meaning of section 106 of the Act.\n> \n> > (2) New use must be permissible in the land use zone in which it is carried out.\n> \n> > (3) Must not involve any building alterations or additions that are not a type of exempt development.\n> \n> > (4) The size of the lot must not be less than the minimum size shown on the [Lot Size Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/wagga-wagga-local-environmental-plan-2010) in relation to that land.\n> \n> > (5) Must have at least 1 off-street car parking space.","sortOrder":196},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Emergency services facilities","content":"#### sch.2-sec-oc.2 Emergency services facilities\n\nEmergency services facilities\n\n> > (1) Must be for the use of the NSW Rural Fire Service.\n> \n> > (2) Must have obtained all required approvals.\n> \n> > (3) Must not be constructed or installed on or in a heritage item, heritage conservation area, land on which an Aboriginal item is located or land within the flood planning area (within the meaning of clause 5.21).\n> \n> > (4) Must be located on land in Zone RU1 Primary Production.\n> \n> > (5) Must not have an area of more than 140m2.\n> \n> > (6) Must not exceed a height of 5m above ground level (existing).\n> \n> > (7) Must be located at a distance of at least 20m from the primary road frontage and at least 10m from any other lot boundary.\n> \n> > (8) Must not be constructed or installed within 50m of a dwelling.\n> \n> > (9) Must be located at least 50m from any natural waterbody.\n> \n> > (10) To the extent it is comprised of metal components—must be constructed of low reflective materials and designed and constructed in accordance with a professional engineer’s specifications.\n> \n> > (11) If it is located on bush fire prone land—must be constructed in accordance with Planning for Bush Fire Protection.","sortOrder":197},{"sectionNumber":"sch.2-sec-oc.3","sectionType":"section","heading":"Signage—projecting wall signs","content":"#### sch.2-sec-oc.3 Signage—projecting wall signs\n\nSignage—projecting wall signs\n\n> > (1) Must only be a building identification sign or business identification sign.\n> \n> > (2) Must not be located on or in, or in relation to, a heritage item and not within a heritage conservation area.\n> \n> > (3) Must be attached to the wall of a building (other than the transom of a doorway or display window).\n> \n> > (4) Must not project horizontally more than 300mm.\n> \n> > (5) Must be at least 2.7m above ground level (existing).\n> \n> > (6) Must be erected at right angles to the wall of the building to which it is attached.\n> \n> > (7) Must not be erected below an awning if there is an existing under awning sign associated with the premises.\n> \n> > (8) Must not cover existing windows or doors.\n> \n> > (9) Must be non-flashing and non-illuminated.\n> \n> > (10) Must be constructed of non-reflective materials.\n> \n> > (11) Maximum area of sign—1.5m2.\n> \n> > (12) Maximum number of building identification signs—1 per building.\n> \n> > (13) Maximum number of business identification signs—1 per business.","sortOrder":198},{"sectionNumber":"sch.2-sec-oc.4","sectionType":"section","heading":"Temporary commercial, community or retail events or private functions","content":"#### sch.2-sec-oc.4 Temporary commercial, community or retail events or private functions\n\nTemporary commercial, community or retail events or private functions\n\n> > (1) Must be located on Council-owned land or land for which the Council has care, control or management.\n> \n> > (2) Must have obtained the written consent of Council.\n> \n> > (3) Must have obtained all required approvals.\n> \n> > (4) Must not involve the closure of any public roads.\n> \n> > (5) Must not have a duration of more than 1 day in any 12-month period.\n> \n> > (6) Total number of people attending the event must not exceed 1,000 at any time.\n> \n> > (7) Must not involve the selling of liquor.\n> \n> > (8) Must not involve any permanent physical change to any land.\n> \n> > (9) Lighting must be provided to facilitate the safe movement of patrons, must not cause glare to adjoining properties and must comply with AS 4282—1997, Control of the Obtrusive Effects of Outdoor Lighting.\n> \n> > (10) Event (including set up and pack down) must take place only during the following periods—\n> > \n> > > (a) 7.00 am to 10.00 pm on Monday, Tuesday, Wednesday, Thursday, Friday or Saturday,\n> > \n> > > (b) 8.00 am to 10.00 pm on Sunday.\n> \n> > (11) Toilet facilities must be available as follows—\n> > \n> > > (a) female facilities—at least 3 toilets and 1 hand basin,\n> > \n> > > (b) male facilities—at least 1 toilet, 1m length of urinal troughs and 1 hand basin.","sortOrder":199},{"sectionNumber":"sch.2-sec-oc.5","sectionType":"section","heading":"Temporary event signage","content":"#### sch.2-sec-oc.5 Temporary event signage\n\nTemporary event signage\n\n> Note.\n> \n> Certain other temporary structures are specified as exempt development under Division 3 of Part 2 of [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).\n> \n> > (1) Must be located on Council-owned land or land for which the Council has care, control or management.\n> \n> > (2) Must be for the purposes of promoting a civic or community event (including a public exhibition, a festival, a sporting event, a charity event or the like) to be held in the Council’s local government area.\n> \n> > (3) Must not include advertising of a commercial nature, other than the name of the event’s sponsor or a small logo.\n> \n> > (4) Must not be illuminated or reflective.\n> \n> > (5) Must be removed within 2 days after the event.\n> \n> > (6) Must be located on a site designated by the relevant guidelines issued by the Council in relation to temporary event signage.\n> \n> > (7) Maximum 1 sign on each designated site.\n> \n> > (8) Must not be higher than 5m above ground level (existing).\n> \n> > (9) Must not have a surface area of more than 6m2.\n> \n> > (10) Must not be located on or visible from a classified road.\n> \n> > (11) Must be wholly located within the boundaries of the property or, if attached to a building, fence or wall, not project more than 100mm from the building, fence or wall.\n> \n> > (12) Must not obstruct or interfere with traffic signs.\n> \n> > (13) Must not be permanently fixed to a building, fence, wall, electricity pole, tree or traffic sign.\n> \n> > (14) Must only be displayed on the Council-owned fixtures provided at each designated site.\n> \n> > (15) Must not be displayed earlier than 14 days before the event.","sortOrder":200},{"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":201},{"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":204},{"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 2012 (335), Sch 1 \\[3\\]–\\[5\\]; 2013 (361), Sch 1 \\[1\\]; 2020 (51), cl 5.","sortOrder":205},{"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 2015 (190), Sch 1 \\[1\\] \\[2\\]; 2018 (607), cl 5 (3) (4); 2022 (48), Sch 2.","sortOrder":209},{"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":212},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":214},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":216},{"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":225},{"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":227},{"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":228},{"sectionNumber":"11","sectionType":"section","heading":"Culture water","content":"#### 11 Culture water\n\n11 Culture water\n\n> Must use freshwater.","sortOrder":229}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"While the core purpose — managing land use and development across the Wagga Wagga local government area — has remained consistent since 2010, the approximately 75 amendments over 15 years indicate that the plan's specific scope and content has evolved substantially. Amendments to LEPs typically reflect rezoning of specific parcels, changes to development standards, addition of new land use categories, and updates driven by state government policy. The plan today almost certainly covers different land, different permitted uses, and different development standards compared to its original 2010 form."},"complexity_factors":["Standard instrument LEP format incorporates extensive NSW state-wide template provisions that must be read alongside local-specific schedules and maps","Operates under the Environmental Planning and Assessment Act 1979 — a major, complex piece of NSW legislation with its own intricate requirements","The plan has been amended approximately 75 times since 2010, creating a layered history where current rules may differ significantly from earlier versions","Land use decisions require cross-referencing multiple documents: the written instrument, zoning maps, height maps, floor space ratio maps, and various schedules","Different rules apply to different zones, and some land may have overlapping controls (e.g., flood planning, heritage conservation, biodiversity) adding further complexity","Only the status/timeline page was provided — the actual substantive content (zoning tables, development standards, definitions) was not included, making full analysis impossible from this document alone","Frequent amendments mean determining which rules applied at any given point in time requires careful version checking"],"plain_english_summary":"The Wagga Wagga Local Environmental Plan 2010 is the legally binding planning rulebook for the Wagga Wagga LGA, governing land use and development. It affects property owners, residents, developers, farmers and council planners.\n\nIt zones land and sets what uses are allowed, building heights, site coverage, approvals and protections for heritage, environmental and flood‑prone areas. It determines what you can build, renovate or subdivide. Amended many times since 2010, always check the current version before acting."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Compared with the Plan’s original, generic local‑planning framing (cl. 1.2), the instrument has expanded materially through many targeted insertions and schedules. Additions include: detailed flood planning and special flood‑area rules (cl. 5.21; cl. 5.22; North Wagga cl. 7.1); aquaculture site and operational rules plus Schedule 6 (cl. 5.19; Sch 6); explicit music/noise constraints for licensed premises (cl. 5.20); urban release area infrastructure and Director‑General certification requirements (Part 6; cl. 6.1–6.3); specific local precinct controls (Lloyd Quarry cl. 6.5; Cartwrights Hill cl. 7.8; Estella cl. 7.13); and many refinements to subdivision, strata/community title, and environmental protection rules (cl. 4.1A; cl. 4.1AA; cl. 4.2A; cl. 7.3–7.6). These additions increase the Plan’s regulatory reach into flood/climate adaptation, biodiversity, specialised industries (aquaculture), heritage protection and centre‑hierarchy management (cl. 7.9–7.10). The effect is a materially broader and more prescriptive instrument than a basic zoning table: it now embeds multiple state policy layers, place‑specific controls and technical operating rules, shifting more detailed regulatory decision‑making to the local Plan and the consent authority."},"complexity_factors":["Extensive zoning regime (about 20+ named zones across rural, residential, employment, conservation, recreation and waterway categories) (cl. 2.1; Land Use Table).","Multiple map layers directly referenced and determinative for outcomes (Land Zoning Map, Lot Size Map, Height of Buildings Map, Floor Space Ratio Map, Heritage Map, Terrestrial Biodiversity Map, Vulnerable Land Map, Water Resource Map, Protected Regrowth Map, Lloyd Quarry Map, North Wagga map, Cartwrights Hill map, Noise Exposure Forecast Map, Land Reservation Acquisition Map, etc.) (cl. 1.7; numerous clauses).","Many cross‑references to State Environmental Planning Policies and other Acts creating interdependence (cl. 1.9; multiple clauses referencing Flood Manual, BASIX, Fisheries/Aquaculture plans, Local Government Act and others).","Large number of conditional rules and nested exceptions (e.g. exceptions to development standards cl. 4.6 with exclusions and record‑keeping; split‑zone subdivision rules cl. 4.1A).","Schedules with itemised local rules and lists (Schedule 1 additional permitted uses; Schedule 2 exempt development; Schedule 3 complying development; Schedule 4 public land classification; Schedule 5 long heritage item schedule; Schedule 6 aquaculture technical requirements).","Multiple area‑specific special provisions (Part 6 urban release areas; Lloyd Quarry cl. 6.5; North Wagga cl. 7.1; Cartwrights Hill cl. 7.8; Estella cl. 7.13) increasing local detail.","Complex technical standards tied to external guidance documents (flood guidance, acoustic standard AS 2021—2000, Considering Flooding guideline, Fisheries aquaculture plans) (cl. 5.21; cl. 7.12; cl. 5.19).","Varied decision tests and mandatory consultation or certification requirements (Director‑General certificates cl. 6.1; consultation with Commonwealth for airspace cl. 7.11; Heritage Council notices cl. 5.10).","Multiple reform and amendment history entries throughout the Plan (amendments across 2011–2024) increasing interpretive complexity (see amendment notes throughout the instrument)."],"plain_english_summary":"**What this Plan does (mechanics)**\n\n- Establishes local planning rules that apply to land in the Wagga Wagga local government area (the maps that show which land is affected are adopted and available online) (cl. 1.3; cl. 1.7).\n- Divides all affected land into named zones (residential, rural, employment, conservation, recreation, waterway, special purpose, etc.) and sets zone objectives and a Land Use Table that lists what uses are permitted with or without consent, and what uses are prohibited (cl. 2.1; cl. 2.3; Land Use Table).\n- Makes the Council the primary consent authority for development under the Plan (cl. 1.6).\n- Requires development consent for most subdivision, demolition and many other forms of development, while identifying categories of exempt development and specific complying development (Part 3; cl. 2.6; cl. 2.7; cl. 3.1–3.3).\n- Sets principal development standards that control minimum lot sizes for subdivision, exceptions and special rules for split-zone land, strata/community title rules, building height limits, and floor space ratios tied to maps (cl. 4.1–4.5).\n- Provides a discretionary exception process allowing consent authorities to approve some departures from development standards if specific tests are met and recorded (cl. 4.6).\n- Imposes a range of local controls on environmental, heritage, flood, biodiversity, riparian, groundwater and land‑stability matters; consent authorities must consider these matters before granting consent and may require studies or management plans (cl. 5.9, 5.21, 7.3–7.6, 7.5, 5.10, and others).\n- Contains special local provisions and area-specific rules (urban release area procedures; Lloyd Quarry rehabilitation requirements; North Wagga Wagga special site flood controls; Cartwrights Hill odour/noise assessment; Estella pathway requirements) that apply in addition to the general rules (Part 6; cl. 6.5; cl. 7.1; cl. 7.8; cl. 7.13).\n- Lists and protects identified heritage items and a heritage conservation area; special consent, notification and heritage management requirements apply to works affecting those items (Schedule 5; cl. 5.10).\n- Allocates who is the relevant State acquisition authority for certain reserved land (cl. 5.1) and enables the Council to classify or reclassify public land as operational or community land in specified cases (cl. 5.2; Schedule 4).\n- Includes specific industry or use controls (e.g. aquaculture rules and operational requirements in cl. 5.19 and Schedule 6; limits on size of home businesses, bed‑and‑breakfast rooms, kiosks and neighbourhood shops in cl. 5.4; a rule preventing refusal of licensed premises solely because of music or dancing in certain circumstances in cl. 5.20).\n\n**Who this affects**\n\n- Private landowners and prospective purchasers in Wagga Wagga: zoning, lot size and special-map designations determine what they may build or how they can subdivide (cl. 2.2; cl. 4.1; Lot Size Map references).\n- Property developers and builders: need to apply for development consent, comply with maps and standards (height, FSR), or meet criteria for exempt/compliant development (Part 3; cl. 4.3–4.5).\n- Businesses (including licensed premises, retail, light and heavy industry): the Plan defines permitted locations and scale limits, and includes sector-specific rules (Land Use Table; cl. 7.9; cl. 7.10; cl. 5.4; cl. 5.20).\n- Farmers and primary producers: rural zoning, minimum lot sizes and controls on intensive livestock, farm stay and farm gate uses affect capacity to subdivide, diversify or intensify (cl. 2.1; cl. 4.1–4.2; cl. 5.18; cl. 5.24–5.25).\n- Council and State/other public agencies: Council administers consent, must apply map-based rules and consult or obtain certifications from the Director‑General or Commonwealth bodies in some cases (cl. 1.6; cl. 6.1; cl. 7.11).\n- Owners of heritage items and those with land in mapped environmental areas: extra consent and notification obligations apply (Schedule 5; cl. 5.10; cl. 7.3–7.6).\n\n**Why it matters (policy purpose and operational consequences)**\n\n- The Plan’s stated aims are to provide local environmental planning for Wagga Wagga consistent with the standard instrument, to protect and promote arts/cultural uses, manage resources for future generations, support ecologically sustainable development, protect environmental values and coordinate development with infrastructure (cl. 1.2). Those objectives are implemented by zoning, mapped controls, development standards and a range of local provisos (many clauses cited above).\n\n- Trade-offs and incentives to note (with clause references):\n  - Protecting agricultural land and minimum lot sizes (cl. 4.1) preserves farm scale but constrains subdivision supply of residential lots, which can increase land prices and reduce options for infill development.\n  - Height and floor space ratio caps tied to maps (cl. 4.3–4.5) steer density into specified locations but limit building scale elsewhere; developers face site‑specific limits and may have to pursue exceptions (cl. 4.6).\n  - The exceptions clause (cl. 4.6) creates formal flexibility for better outcomes but introduces administrative discretion and the need for written justifications and record‑keeping (cl. 4.6(3)–(4)); that discretion concentrates decision power with the consent authority.\n  - Environmental and heritage constraints (cl. 7.3, 7.5, cl. 5.10) raise compliance costs for developments in mapped areas because of required studies, heritage management plans or additional mitigation conditions.\n  - Flood planning and North Wagga special site rules (cl. 5.21; cl. 7.1) limit new residential intensification on flood‑prone land and require higher finished floor levels or replacement‑only dwellings in specified cases, shifting costs to owners who want to rebuild or develop.\n  - The Plan preserves the primacy of the central commercial zone (cl. 7.9) and restricts some retail/business formats elsewhere (cl. 7.10, Land Use Table). That creates concentrated benefits for the E2 zone and constrains where certain competitors or large-format retail can locate.\n  - The music/noise provision (cl. 5.20) reduces a planning ground for refusing licensed premises where noise is manageable; this lowers regulatory risk for hospitality operators but requires councils to balance amenity impacts by other means.\n\n- Implementation risks and administrative costs:\n  - The Plan relies on many maps and state policies being kept current (cl. 1.7; multiple map references). Mis‑alignment between maps, State policies or annexed guidelines (e.g. flood, BASIX, aquaculture plans) creates implementation complexity.\n  - Numerous cross‑references to State environmental planning policies, the Act, and other legislation (multiple clauses) increase legal and compliance complexity for applicants and the Council.\n  - Specialized provisions (e.g. Director‑General certificates for urban release subdivisions cl. 6.1; consultation with Commonwealth for airspace cl. 7.11) can delay approvals and require inter‑agency coordination.\n\n- Compliance burden and who pays:\n  - Landowners and developers pay for planning approvals, technical studies (flood, heritage, biodiversity, noise, odour), and any remediation or mitigation (clauses 5.21, 5.10, 7.3, 7.5).\n  - Council bears administrative costs of assessing applications, keeping records (noting cl. 4.6(4) requirement), maintaining maps and enforcing Plan rules.\n\n- Effects on private choice and markets:\n  - Zoning and map‑based controls restrict where activities may locate (affecting competition and the spatial distribution of economic activity — Land Use Table; cl. 7.9).\n  - Size caps (home business, kiosks, neighbourhood shops, industrial retail, etc.) limit the scale of small enterprises at residential and local centres (cl. 5.4).\n  - Environmental and heritage protections channel development away from sensitive areas, encouraging development in less constrained zones but potentially increasing development costs and changing land values.\n\n**Concrete sections to consult for particular questions**\n- Aims and application: cl. 1.2–1.3\n- Zoning and permitted uses: cl. 2.1–2.3 and Land Use Table\n- Subdivision and minimum lot sizes: cl. 2.6; cl. 4.1–4.2B\n- Height and density controls: cl. 4.3–4.5\n- Exceptions and discretionary variations: cl. 4.6\n- Flood planning and North Wagga restrictions: cl. 5.21; cl. 7.1\n- Environmental protections: cl. 7.3–7.6; cl. 7.5 (riparian)\n- Heritage: cl. 5.10; Schedule 5\n- Exempt/complying development: Part 3 and Schedules 2–3\n- Special local provisions, urban release and infrastructure: Part 6 (cl. 6.1–6.5)\n\nIf you want, I can: (a) extract the rules that apply to a specific parcel (using its zoning/lot-size/height/heritage map tags), (b) list the likely studies an applicant will need for a particular type of development (e.g. new dwelling, subdivision, small industrial facility), or (c) draft short answers on how to challenge or seek an exception under cl. 4.6."},"kimi_summary":{"_metrics":{"completionTokens":670},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Plan has expanded significantly from its original 2010 scope. Originally a standard local environmental plan, it has grown through 15+ amendments to include: airport airspace and noise controls (2016), flood planning updates (2023), biodiversity and riparian land protections, urban release area infrastructure requirements, and detailed aquaculture operational standards. The heritage schedule has also expanded considerably. The Plan now functions as both a traditional zoning instrument and a specialised environmental and infrastructure management tool."},"complexity_factors":["22 separate land use zones with detailed permitted/prohibited use tables","Multiple overlapping development pathways (exempt, complying, consent-required, prohibited)","Extensive cross-referencing to external maps (Lot Size Map, Height of Buildings Map, Floor Space Ratio Map, Heritage Map, multiple environmental maps)","Nested exceptions and savings provisions (e.g., clause 4.6 allows contravention of standards in limited circumstances)","Detailed heritage controls with 300+ listed items and notification requirements to Heritage Council","Multiple amendment history notes throughout indicating evolving scope","Specialised local provisions (airport airspace, flood planning, quarry rehabilitation, commercial centre primacy)","Aquaculture and intensive livestock agriculture subject to separate operational requirements in schedules"],"plain_english_summary":"This is the main planning rulebook for Wagga Wagga, a regional city in New South Wales. It tells landowners and developers what they can and cannot build on their land, and what rules they must follow.\n\n**What it does:**\n- **Divides land into zones** (like RU1 Primary Production, R1 General Residential, E2 Commercial Centre) — each zone has its own rules about what activities are allowed\n- **Sets out three types of development:**\n  - *Permitted without consent* — can go ahead without council approval (e.g., home businesses in some zones)\n  - *Permitted with consent* — needs council approval (most buildings)\n  - *Prohibited* — not allowed (e.g., heavy industry in residential areas)\n- **Controls subdivision** — minimum lot sizes for cutting up land, with special rules for rural areas\n- **Protects heritage** — lists over 300 heritage items (old buildings, bridges, silos) and a conservation area that need special approval to alter or demolish\n- **Manages environmental risks** — special rules for flood-prone land, biodiversity areas, waterways, and groundwater\n- **Supports specific local needs** — includes rules for the airport flight path, the Lloyd Quarry site, and North Wagga Wagga flood restrictions\n\n**Who it affects:**\n- Anyone wanting to build, subdivide, or change land use in Wagga Wagga\n- Farmers wanting to diversify into tourism (farm stays, cellar doors)\n- Developers of residential, commercial, or industrial land\n- Owners of heritage properties\n\n**Why it matters:**\nIt balances growth with protection — allowing housing and jobs while preserving farmland, floodplains, heritage, and the environment. It also includes unusual local provisions like protecting the \"primacy\" of the main commercial centre and managing noise from the Bomen industrial area."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/wagga-wagga-local-environmental-plan-2010","history":"/api/acts/wagga-wagga-local-environmental-plan-2010/history","analysis":"/api/acts/wagga-wagga-local-environmental-plan-2010/analysis","conflicts":"/api/acts/wagga-wagga-local-environmental-plan-2010/conflicts","importantCases":"/api/acts/wagga-wagga-local-environmental-plan-2010/important-cases","documents":"/api/acts/wagga-wagga-local-environmental-plan-2010/documents"}}