{"id":"nsw:epi-2013-0670","name":"Warrumbungle Local Environmental Plan 2013","slug":"warrumbungle-local-environmental-plan-2013","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"670 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181340,"registerId":"nsw-nsw:epi-2013-0670-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 [Warrumbungle Local Environmental Plan 2013](/view/html/inforce/current/epi-2013-0670).","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> > 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> > E3 Productivity Support\n> > \n> > E4 General Industrial\n> \n> > Special Purpose Zones\n> \n> > SP2 Infrastructure\n> \n> > Recreation Zones\n> \n> > RE1 Public Recreation\n> > \n> > RE2 Private Recreation\n> \n> > Conservation Zones\n> \n> > C1 National Parks and Nature Reserves\n> \n> **cl 2.1:** Am 2022 (832), Sch 1.30\\[1\\].","sortOrder":14},{"sectionNumber":"pt","sectionType":"part","heading":"Land Use Table","content":"# pt Land Use Table\n\nLand Use Table\n\nNote—\n\nState environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—\n\n> [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714)\n\n> [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems\n\n> [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 2\n\n> [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 3\n\n> [State Environmental Planning Policy (Industry and Employment) 2021](/view/html/inforce/current/epi-2021-0723), Chapter 3\n\n> [State Environmental Planning Policy (Primary Production) 2021](/view/html/inforce/current/epi-2021-0729), Chapter 2\n\n**Land Use tbl:** Am 2016 (168), Sch 1 \\[2\\]; 2017 (493), Sch 1.1 \\[1\\]; 2022 (314), Sch 1; 2022 (832), Sch 1.30\\[2\\]; 2023 (458), Sch 2.84.\n\nZone RU1 Primary Production\n\nZone RU3 Forestry\n\nZone RU5 Village\n\nZone R1 General Residential\n\nZone R5 Large Lot Residential\n\nZone E1 Local Centre\n\nZone E3 Productivity Support\n\nZone E4 General Industrial\n\nZone SP2 Infrastructure\n\nZone RE1 Public Recreation\n\nZone RE2 Private Recreation\n\nZone C1 National Parks and Nature Reserves","sortOrder":30},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Agritourism; Air transport facilities; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Cellar door premises; Cemeteries; Community facilities; Correctional centres; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Educational establishments; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Freight transport facilities; Helipads; Highway service centres; Home industries; Industrial training facilities; Information and education facilities; Intensive livestock agriculture; Jetties; Landscaping material supplies; Mortuaries; Neighbourhood shops; Open cut mining; Plant nurseries; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Roads; Roadside stalls; Rural industries; Rural workers’ dwellings; Signage; Veterinary hospitals; Water recreation structures; Water supply systems","sortOrder":33},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Any 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":79},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":83},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":95},{"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/warrumbungle-local-environmental-plan-2013) (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).\n> > \n> > | Type of land shown on Map | Authority of the State |\n> > | Zone RE1 Public Recreation and marked “Local open space” | Council |\n> > | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |\n> > | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |\n> > | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |\n> \n> > (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":96},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":122},{"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":123},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Additional permitted uses","content":"# Schedule 1 Additional permitted uses\n\nSchedule 1 Additional permitted uses\n\n(Clause 2.5)\n\n(When this Plan was made this Schedule was blank)","sortOrder":131},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Exempt development","content":"# Schedule 2 Exempt development\n\nSchedule 2 Exempt development\n\n(Clause 3.1)\n\nNote 1.\n\n[State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.\n\nNote 2.\n\nExempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.\n\n(When this Plan was made this Schedule was blank)","sortOrder":132},{"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":133},{"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":136},{"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 2023 (249), Sch 1.","sortOrder":137},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Environmental heritage","content":"# Schedule 5 Environmental heritage\n\nSchedule 5 Environmental heritage\n\n(Clause 5.10)","sortOrder":141},{"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":144},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":146},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":148},{"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":156},{"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":157},{"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":159},{"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":160},{"sectionNumber":"11","sectionType":"section","heading":"Culture water","content":"#### 11 Culture water\n\n11 Culture water\n\n> Must use freshwater.","sortOrder":161}],"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"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Plan's core purpose (to set local planning provisions for Warrumbungle and repeal earlier LEPs) is retained (cl 1.2; cl 1.8). Its operational scope has expanded through later insertions of bespoke local controls and exceptions: for example, the Siding Spring Observatory dark‑sky provisions were inserted (cl 5.14, Ins 2016) and special disaster‑recovery drafting for Wambelong Fire was added (cl 4.2C, Ins 2018). Amendments and inserted clauses alter assessment criteria, mapped standards and specific permitted uses, thereby broadening the Plan’s local regulatory detail beyond its original standard‑instrument framing."},"complexity_factors":["Extensive zoning regime and detailed Land Use Table tied to multiple maps (cl 2.1, cl 2.2, cl 2.3).","Heavy cross‑referencing to State environmental planning policies, other Acts and technical map standards (cl 1.9, cl 1.7, notes throughout).","Many discretionary consent tests and tailored local criteria (heritage cl 5.10; terrestrial biodiversity cl 6.3; flood planning cl 5.21; earthworks cl 6.1).","Quantitative, technical local controls (Siding Spring Observatory lumen and fixture limits, cl 5.14) that create hard thresholds.","Multiple development pathways (exempt, complying, development consent) and mapped minimum lot sizes with exceptions (cl 3.1; cl 3.2; cl 4.1; cl 4.6).","Provisions affecting third‑party interests and instruments (suspension of covenants cl 1.9A), plus savings/repeal mechanics (cl 1.8; cl 1.8A).","Schedules and map‑based overlays that shift substantive assessment from text to spatial data, increasing implementation dependency on accurate maps.","Amendment history that has introduced bespoke local clauses (e.g. cl 5.14 Ins 2016; cl 4.2C Ins 2018), increasing interpretive complexity."],"plain_english_summary":"This local environmental plan replaces earlier local LEPs for Warrumbungle and sets the legal zoning, what uses are allowed or banned, when development consent is required, and mapped development standards (minimum lot sizes, earthworks, heritage, biodiversity, flood planning) plus local controls (for example, dark‑sky limits around Siding Spring Observatory). \n\nIt affects landowners, developers and the Council (the consent authority). Applicants pay application and compliance costs; the Council decides consents against mapped zones, development standards and specific tests for heritage, biodiversity, aquaculture and observatory lighting (cl 2.3; cl 5.10; cl 6.3; cl 5.19; cl 5.14)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"While the core purpose — land use planning for the Warrumbungle Shire — has remained constant since 2013, the plan's scope has clearly evolved through more than 40 amendments over 12 years. These amendments typically reflect expansions or changes to permitted land uses, updated zone maps, new development standards, and alignment with state-level planning policy reforms. This is a normal and expected pattern for LEPs, but it means the current plan is materially broader and more nuanced than the original 2013 version."},"complexity_factors":["Standard instrument LEP format incorporates NSW government-wide template rules, which interact with local-specific provisions — requiring knowledge of both layers","Over 40 amendments since 2013 mean the current rules differ significantly from the original — users must ensure they are reading the correct version","Land use zones and permissibility tables (typical in LEPs) are inherently technical, requiring cross-referencing of zones, land use definitions, and development standards","The plan operates within a broader legal framework (Environmental Planning and Assessment Act 1979) that adds another layer of rules not contained in the plan itself","Applies across a geographically diverse rural shire with different zone types (residential, agricultural, environmental, industrial) each with distinct rules","Only metadata was provided — the actual substantive content of the plan (the rules themselves) could not be assessed, limiting full analysis"],"plain_english_summary":"The Warrumbungle Local Environmental Plan 2013 is the planning rulebook that controls land use across Warrumbungle Shire — it sets what can be built where, size and siting limits, protected land, and when council approval is required. \n\nIt affects anyone who owns, develops, farms, or runs a business in the shire because non‑compliance can trigger fines, demolition or legal action. The full rules and maps were not included here."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2545},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"While originally made in 2013 to consolidate earlier local plans for Coolah and Coonabarabran, this instrument has grown significantly through amendments. Key additions include: dark sky protections for Siding Spring Observatory (2016), special recovery provisions for the 2013 Wambelong Fire (2018), specific standards for music and performance venues (inserted via SEPP references and clause 5.20), updated flood planning provisions aligned with 2021 guidelines, and expanded aquaculture and biodiversity protections. These additions have moved the plan beyond a simple zoning template to a highly specific local document addressing unique environmental and disaster-recovery needs."},"complexity_factors":["12 distinct land use zones, each with a separate Land Use Table listing permitted, consent-required and prohibited uses","Extensive cross-referencing to external documents including 15+ other Acts and State Environmental Planning Policies (SEPPs)","Technical thresholds requiring precise measurement (e.g., lighting brightness limits of 900 vs 1,800 lumens depending on distance from Siding Spring Observatory; maximum floor areas for secondary dwellings calculated as 60m² or 30% of principal dwelling)","Nested conditional logic in subdivision and dwelling clauses (e.g., clause 4.2A contains 5 alternative pathways for erecting dwellings on rural land, with temporal limitations such as subclause 3A expiring 5 years after commencement)","30 heritage items and 6 conservation areas listed in Schedule 5 with specific address and lot descriptions","Multiple amendment references (2015, 2016, 2017, 2018, 2019, 2021, 2022, 2023) indicating evolving provisions","Map-based dependencies (Land Zoning Map, Lot Size Map, Heritage Map, Terrestrial Biodiversity Map, Groundwater Vulnerability Map, Riparian Lands Map, Wambelong Fire Dwelling Map) that must be read alongside the text","Specific exemptions and carve-outs (e.g., clause 1.9A suspending covenants except for conservation agreements, biobanking agreements, and Crown land instruments)"],"plain_english_summary":"**What this is**\n\nThis is the main planning rulebook for the Warrumbungle Shire area in north-western New South Wales (covering towns like Coonabarabran, Coolah, Dunedoo and Baradine). It tells landowners, developers and Council what can be built where, and under what conditions.\n\n**What it does**\n\n*   **Divides land into zones** – It classifies every property into one of 12 zones (such as Primary Production, General Residential, Local Centre, or National Parks). Each zone has a table showing which uses are allowed without approval (permitted), which need Council approval (consent required), and which are banned (prohibited).\n\n*   **Sets subdivision rules** – It specifies minimum lot sizes for splitting land, with special rules for rural properties to stop productive farmland from being fragmented into small lifestyle blocks.\n\n*   **Protects heritage** – It lists 30 specific heritage items (like the Old Police Station in Coolah and the Dunedoo Railway Station) and six heritage conservation areas. Anyone wanting to demolish or alter these must get special approval.\n\n*   **Protects the night sky** – Uniquely, it contains strict lighting rules to protect the Siding Spring Observatory. Within 18km of the observatory, outdoor lights must be \"shielded\" (pointing down) and meet strict brightness limits (measured in lumens) to prevent light pollution.\n\n*   **Helps disaster recovery** – It includes special provisions to let people rebuild homes damaged by the 2013 Wambelong Fire or other natural disasters, even if they don’t meet current planning standards.\n\n*   **Controls specific uses** – It caps the size of bed-and-breakfasts (max 5 bedrooms), farm stay accommodation (max 10 bedrooms), and neighbourhood shops, and includes rules about where sex services premises can locate.\n\n**Who it affects**\n\n*   **Landowners and farmers** – Especially those wanting to subdivide, build a second dwelling (dual occupancy), or start agritourism ventures.\n*   **Developers and builders** – Anyone constructing houses, industrial buildings, or tourist facilities.\n*   **Council** – Warrumbungle Shire Council uses this document to assess development applications.\n*   **Business operators** – Including those running home businesses, shops, or music venues (the plan specifically protects live music and performance arts).\n\n**Why it matters**\n\nThis plan balances economic growth with protecting the area’s rural character, natural assets (including groundwater and biodiversity), and cultural heritage. The dark-sky protections are particularly important because they preserve world-class astronomical research at Siding Spring while allowing sensible development. The plan also ensures rural land stays available for agriculture rather than being carved up into unviable small lots."}},"importantCases":[],"_links":{"self":"/api/acts/warrumbungle-local-environmental-plan-2013","history":"/api/acts/warrumbungle-local-environmental-plan-2013/history","analysis":"/api/acts/warrumbungle-local-environmental-plan-2013/analysis","conflicts":"/api/acts/warrumbungle-local-environmental-plan-2013/conflicts","importantCases":"/api/acts/warrumbungle-local-environmental-plan-2013/important-cases","documents":"/api/acts/warrumbungle-local-environmental-plan-2013/documents"}}