Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
**What this instrument does (mechanically)
It is the local environmental plan (LEP) that sets the legal land-use rules for the Bathurst Regional local government area. It does that by: zoning land (Part 2 / cl 2.1–2.3), attaching maps (zoning, lot size, height, floor-space ratio, heritage, flood, Mount Panorama noise contours, airspace/obstacle limitation etc) and by prescribing what uses are permitted, permitted-with-consent or prohibited in each zone (the Land Use Table and Schedules).
It sets the main development standards that consent authorities must apply: minimum lot sizes and subdivision rules (cl 4.1 and related clauses), building heights (cl 4.3), floor-space ratios (cl 4.4), and detailed calculation rules (cl 4.5).
It creates categories of lower‑risk development that either do not need development consent (exempt development, Schedule 2) or can be approved through a complying development certificate (Schedule 3 and cl 3.1–3.3), but with many local conditions.
It lists heritage items and heritage conservation areas (Schedule 5) and requires consent for works that affect those items (cl 5.10). It also includes specific local controls (Part 7) for things like Bathurst Airport airspace (cl 7.3), aircraft noise (cl 7.4), Mount Panorama environs and event/noise-sensitive uses (cl 7.6–7.8), the former Gasworks site (cl 7.12), and various site-specific subdivision and development rules (Schedule 1 and several cl 7.xx clauses).
It sets procedural and administrative matters: the consent authority (Council) (cl 1.6), savings and transition rules for applications made before amendments (cl 1.8A), suspension of private covenants for development consistent with the LEP (cl 1.9A), and which State environmental planning policies (SEPPs) prevail (cl 1.9).
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Direct links to the current provisions in Bathurst Regional Local Environmental Plan 2014.
Part 1 Preliminary
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
RU4 Primary Production Small Lots
RU5 Village
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C4 Environmental Living
Waterway Zones
W2 Recreational Waterways
cl 2.1: Am 2022 (828), Sch 1.3[1]; 2023 (244), Sch 1[2].
Land Use Table
Note—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Transport and Infrastructure) 2021, 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
State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
State Environmental Planning Policy (Primary Production) 2021, Chapter 2
Land Use tbl: Am 2017 (493), Sch 1.1 [1]; 2018 (141), cl 5; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 (400), cl 4; 2020 (221), Sch 1[1]; 2021 (714), Sch 10.1; 2022 (314), Sch 1; 2022 (828), Sch 1.3[2]; 2023 (244), Sch 1[3].
Zone RU1 Primary Production
Zone RU2 Rural Landscape
Zone RU3 Forestry
Zone RU4 Primary Production Small Lots
Zone RU5 Village
Zone R1 General Residential
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone R5 Large Lot Residential
Zone E1 Local Centre
Zone E2 Commercial Centre
Zone E3 Productivity Support
Zone E4 General Industrial
Zone SP1 Special Activities
Zone SP2 Infrastructure
Zone SP3 Tourist
Zone RE1 Public Recreation
Zone RE2 Private Recreation
Zone C1 National Parks and Nature Reserves
Zone C2 Environmental Conservation
Zone C4 Environmental Living
Zone W2 Recreational Waterways
3 Permitted with consent
Aquaculture; Artisan food and drink industries; Cellar door premises; Dwelling houses; Extractive industries; Farm buildings; Food and drink premises; Funeral homes; Garden centres; High technology industries; Home industries; Hostels; Intensive livestock agriculture; Landscaping material supplies; Markets; Neighbourhood shops; Open cut mining; Plant nurseries; Roadside stalls; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Any other development not specified in item 2 or 4
4 Prohibited
Amusement centres; Commercial premises; Exhibition homes; Exhibition villages; Heavy industrial storage establishments; Home occupations (sex services); Industries; Local distribution premises; Public administration buildings; Residential accommodation; Restricted premises; Sex services premises; Storage premises; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Wholesale supplies
Part 3 Exempt and complying development
Part 4 Principal development standards
Part 5 Miscellaneous provisions
5.1 Relevant acquisition authority
(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 (the owner-initiated acquisition provisions).
Note.
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 requires the authority to acquire the land.
(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 (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).
| Type of land shown on Map | Authority of the State | | Zone RE1 Public Recreation and marked “Local open space” | Council | | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act | | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW | | Zone SP2 Infrastructure and marked “Future Road Alignment” | Council | | Zone SP2 Infrastructure and marked “Infrastructure, Education, Open Space” | Council | | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |
(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.
Note.
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 the 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).
cl 5.1: Am 2023 (244), Sch 1[4].
Part 6 Urban release areas
6.1 Arrangements for designated State public infrastructure
(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 purposes.
(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.
(3) Subclause (2) does not apply to—
(a) any lot identified in the certificate as a residue lot, or
(b) any lot to be created by a subdivision of land that was the subject of a previous development consent granted in accordance with this clause, or
(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
(d) a subdivision for the purpose only of rectifying an encroachment on any existing lot.
(4) 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.
cl 6.1: Am 2019 (621), Sch 1.2[1]; 2023 (554), Sch 1.
Part 7 Additional local provisions
7.1, 7.2 (Repealed)
Schedule 1 Additional permitted uses
(Clause 2.5)
sch 1: Am 2017 (493), Sch 1.2 [2].
8 Use of certain land at Sydney Road, Kelso
(1) This clause applies to land at Sydney Road, Kelso, being Part Lot 2, DP 1079829 and Part Lot 1, DP 1093933.
(2) Development for the purposes of freight transport terminals and warehouse or distribution centres is permitted with development consent on that part of the land identified as “1” on the Additional Permitted Uses Map.
9 Use of certain land at 89 Blacks Mill Lane, O’Connell
(1) This clause applies to land at 89 Blacks Mill Lane, O’Connell, being Lot 1, DP 869643 and Lot 35, DP 755784.
(2) Development for the purpose of a dwelling house on each lot is permitted with development consent.
10 Use of certain land at Rockley Road, Rockley Mount
(1) Use of certain land at Rockley Road, Rockley Mount being Lot 215, DP 750354.
(2) Development for the purpose of a dwelling house is permitted with development consent.
11 Use of certain land at 1407 Freemantle Road, Watton
(1) This clause applies to land at 1407 Freemantle Road, Watton, being Lot 37, DP 755801.
(2) Development for the purpose of a dwelling house is permitted with development consent.
Schedule 2 Exempt development
(Clause 3.1)
Note 1.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2.
Exempt 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.
Note 3.
Despite Note 1, under clause 1.9(3) of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 this Plan continues to apply to that development and under clause 1.9(10) of that Policy that development may be carried out under this Plan or that Policy.
Note 4.
Development that is the installation of photovoltaic cells, small wind turbine systems, and solar energy systems (including solar hot water systems) may be carried out as exempt development under State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2.
sch 2: Am 2018 (488), Sch 1.2; 2019 (621), Sch 1.2[2]; 2020 (69), Sch 1.1[3]; 2020 (221), Sch 1[3]–[48]; 2021 (11), Sch 1[1]–[8]; 2022 (72), Sch 1.7[1]–[3]; 2022 (828), Sch 1.3[11]–[22]; 2024 (17), Sch 1[1] [2]; 2024 (538), Sch 1.
Division 1 Access ramps
Division 2 Aerials and antennae (including microwave antennae)
Division 3 Air-conditioning units and evaporative cooling units
Division 4 Animal shelters (including aviaries, fowl and poultry houses, dog kennels, horse stables and yards)
Division 5 Automatic teller machines
Division 6 Awnings, blinds and canopies (including storm, sun and security blinds)
Division 7 Balconies, decks, patios, patio covers, pergolas, terraces, verandahs and shade structures (including attached or detached to a dwelling, roofed and unroofed)
Division 8 Barbecues and other outdoor cooking structures
Division 9 Bollards
Division 10 Building alterations (internal and external) to commercial premises, including shop fitouts and recladding of roofs and walls
Division 11 Building alterations (internal and external) to dwellings, including recladding of roofs and walls (see also painting and rendering of buildings)
Division 12 Building alterations (internal and external) to industrial premises and agricultural produce Industries, including recladding of roofs and walls
12.1 Specified development
Building alterations (internal and external), to industrial premises and agricultural produce industries, including recladding of roofs and walls, is development specified for this Schedule.
Division 13 Building identification signs and business identification signs
13.1 Specified development
The installation of new or the alteration of existing building identification signs or business identification signs is development specified for this Schedule.
Division 14 Building maintenance, repair and restoration
14.1 Specified development
Building maintenance, repair and restoration is development specified for this Schedule.
Division 15 Bus shelters
15.1 Specified development
The construction or installation of a bus shelter is development specified for this Schedule.
Division 16 Caravans and campervans
16.1 Specified development
The use of a caravan or campervan is development specified for this Schedule.
Division 17 Carports, garages and garden sheds
17.1 Specified development
The construction or installation of a carport, garage or garden shed is development specified for this Schedule.
Division 18 Change of Use
18.1 Specified development
A change from a current use to a new use that is a change from—
(a) a type of business premises to another type of business premises, or
(b) business premises to office premises, or
(c) a type of office premises to another type of office premises, or
(d) office premises to business premises, or
(e) a type of retail premises to another type of retail premises of the same kind (eg. from specialised retail premises to another specialised retail premises), or
(f) a type of light industry to another light industry, or
(g) an industry to another industry or light industry, or
(h) an agricultural produce industry to another type of agricultural produce industry, or
(i) a warehouse or distribution centre to another warehouse or distribution centre, or
(j) an industry or light industry to a warehouse or distribution centre, or
(k) a warehouse or distribution centre to a light industry, or
(l) a community or recreation use to another community or recreation use,
is development specified for this Schedule.
Division 19 Clothes lines and hoists
19.1 Specified development
The construction or installation of a clothes hoist or clothes line is development specified for this Schedule.
Division 20 Communication dishes (radio and satellite)
20.1 Specified development
The construction or installation of a radio or satellite communications dish is development specified for this Schedule if it is only for the purpose of receiving television or radio signals (or both).
Division 21 Cubby houses, play equipment and shade structures
21.1 Specified development
The construction or installation of a cubby house, play equipment or shade structure is development specified for this Schedule.
Division 22 Dams
22.1 Specified development
The construction of a dam is development specified for this Schedule.
Division 23 Demolition
23.1 Specified development
The demolition of a building or structure is development specified for this Schedule.
Division 24 Driveways, paths and paving (including driveways, footway crossings, carparks, loading facilities, hard stand spaces and manoeuvring areas)
24.1 Specified development
The construction or installation of a driveway, path and paving (including driveways, footway crossings, carparks, loading facilities, hard stand spaces and manoeuvring areas) is development specified for this Schedule.
Division 25 Earth works and retaining walls
25.1 Specified development
Earthworks and retaining walls are development specified for this Schedule.
Division 26 Emergency work and temporary repairs
26.1 Specified development
The temporary repair of any damage to a building or structure caused by an event that constitutes a significant and widespread danger to life or property in any zone in an area declared by an order under section 33 of the State Emergency and Rescue Management Act 1989 to be an area where a state of emergency exists is development specified for this Schedule.
Division 27 Farm buildings and structures
27.1 Specified development
The construction or installation of a farm building or other structure used for the purpose of an agricultural activity is development specified for this Schedule.
Division 28 Fences
28.1 Specified development
The construction or installation of a fence is development specified for this Schedule.
Division 29
29.1, 29.2 (Repealed)
Division 30 Flagpoles
30.1 Specified development
The construction or installation of a flagpole is development specified for this Schedule.
Division 31 Fuel tanks and gas storage
31.1 Specified development
The construction or installation of an above ground fuel tank or gas storage facility for agricultural activity is development specified for this Schedule.
Division 32 Cabanas, gazebos, greenhouses and ferneries
32.1 Specified development
The construction of a cabana, gazebo, greenhouse or fernery is development specified for this Schedule.
Division 33 Garbage bin storage enclosure
33.1 Specified development
The construction of a garbage bin enclosure is development specified for this Schedule.
Division 34 Goal posts, sight screens and similar sporting structures
34.1 Specified development
The construction of goal posts, sight screens and similar sporting structures is development specified for this Schedule.
Division 35 Hot water systems
35.1 Specified development
The installation of a hot water heater or a hot water storage tank is development specified for this Schedule.
Division 36 Interpretive signs
36.1 Specified development
The installation of interpretive signs, being a sign that displays interpretive information for a building or place of a historic, environmental or scenic nature, is development specified for this schedule.
Division 37 Landscaping structures and privacy screens
37.1 Specified development
The construction or installation of landscaping structures and privacy screens is development specified for this Schedule.
Division 38 Letterboxes
38.1 Specified development
The construction or installation of a letterbox, whether free standing or in groups, is development specified for this Schedule.
Division 39 Outdoor lighting
39.1 Specified development
The construction or installation of outdoor lighting is development specified for this Schedule.
Division 40 Painting and rendering of buildings
40.1 Specified development
The painting and rendering of buildings is development specified for this Schedule.
Division 41 Park and street furniture (including bicycle racks) and public art (not covered by State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2)
41.1 Specified development
The installation of park and street furniture (including bicycle racks) and public art (not covered by State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2) is development specified for this Schedule.
Division 42 Portable classrooms (not covered by State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2)
42.1 Specified development
The installation of a portable classroom, other than those covered by State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2), is development specified for this Schedule.
Division 43
43.1, 43.2 (Repealed)
Division 44 Public notice signs
44.1 Specified development
The installation of a public notice sign is development specified for this Schedule.
Division 45 Rainwater tanks (above or below ground)
45.1 Specified development
The construction or installation of rainwater tanks (above or below ground) is development specified for this Schedule.
Division 46 Real estate signs
46.1 Specified development
The installation of real estate signs is development specified for this Schedule.
Division 47 Scaffolding, temporary construction site fencing and hoarding
47.1 Specified development
The installation of scaffolding, temporary construction site fences and hoardings is development specified for this Schedule.
Division 48 Screen enclosures (of balconies, decks, patios, pergolas, terraces and verandahs)
48.1 Specified development
The construction or installation of screen enclosures (of balconies, decks, patios, pergolas, terraces and verandahs) is development specified for this Schedule.
Division 49 Security screens and shutters
49.1 Specified development
The installation of security screens and shutters is development specified for this Schedule.
Division 49A Shipping containers
49A.1 Specified development
The installation of a shipping container is development specified for this Schedule.
Division 50 Skylights, roof windows and ventilators
50.1 Specified development
The installation of skylights, roof windows and ventilators is development specified for this Schedule.
Division 51 Solid fuel heaters including domestic oil and solid fuel burning appliances
51.1 Specified development
The installation of solid fuel heaters including domestic oil and solid fuel burning appliances is development specified for this Schedule.
Division 52 Subdivision
52.1 Specified development
The subdivision of land, for the purpose only of any one or more of the following, is development specified for this Schedule—
(a) the widening of a public road,
(b) a minor realignment of boundaries that—
(i) will not create additional lots or the opportunity for additional dwellings, and
(ii) will not result in one or more lots that are smaller than the minimum size specified in this plan in relation to the land concerned (unless the original lot or lots are already smaller than the minimum size), and
(iii) will not adversely affect the provision of existing services on a lot, and
(iv) will not result in any increased bush fire risk to existing buildings,
(c) the consolidation of lots,
(d) the rectifying of an encroachment on a lot,
(e) the creation of a public reserve,
(f) excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public toilets.
Division 53 Temporary builders’ structures
53.1 Specified development
The erection or installation of temporary builders’ structures is development specified for this Schedule.
Division 54 Temporary signs
54.1 Specified development
The erection of a temporary sign is development specified for this Schedule.
Division 55
55.1, 55.2 (Repealed)
Division 56 Tennis courts
56.1 Specified development
The erection of tennis courts is development specified for this Schedule.
Division 57
57.1, 57.2 (Repealed)
Division 58 Water features and ponds
58.1 Specified development
The construction or installation of a water feature or pond is development specified for this Schedule.
Division 59 Water supply works
59.1 Specified development
The construction or installation of water supply works is development specified for this Schedule.
Division 60 Water supply, sewerage and drainage works
60.1 Specified development
The construction or installation of water supply, sewerage and drainage works is development specified for this Schedule.
Division 61 Windmills
61.1 Specified development
The construction or installation of a windmill is development specified for this Schedule, if it is not for the purpose of electricity generation.
Schedule 3 Complying development
(Clause 3.2)
Note 1.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 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.
Note 2.
Despite Note 1, under clause 1.9(3) of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 this Plan continues to apply to that development and under clause 1.9(10) of that Policy that development may be carried out under this Plan or that Policy.
sch 3: Am 2016 No 27, Sch 2.2; 2020 (69), Sch 1.1[4] [5]; 2020 (221), Sch 1[49]–[66]; 2020 (501), Sch 2.1[1]–[3]; 2022 (72), Sch 1.7[4]; 2022 (828), Sch 1.3[23]–[26]; 2023 (83), Sch 1.1[3]; 2024 (17), Sch 1[3]–[8].
General conditions
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.
Note.
Despite the Note above, under clause 1.9(3) of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 this Plan continues to apply to that development and under clause 1.9(10) of that Policy that development may be carried out under this Plan or that Policy. If under this Plan, the development specified in Part 1 is subject to the following conditions.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
sch 4: Am 2016 (172), cl 4; 2016 (671), cl 4 (1).
Schedule 5 Environmental heritage
(Clause 5.10)
sch 5: Am 2017 (250), Sch 1 [1] [2]; 2020 (221), Sch 1[67]; 2021 (373), Sch 1; 2022 (28), Sch 1[1] [2]; 2022 No 59, Sch 2.1; 2023 (43), Sch 1[1]–[4].
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1.1 Name of Plan
This Plan is Bathurst Regional Local Environmental Plan 2014.
1.1AA Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in the Bathurst Regional local government area in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
(2) The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to deliver growth and development in the city of Bathurst and rural localities,
(b) to promote development that is consistent with the principles of ecologically sustainable development and the management of climate change and water resources,
(c) to enhance and protect the region’s unique Aboriginal and European cultural heritage as key social and economic assets,
(d) to identify, protect, enhance and manage areas of high biodiversity conservation value as a means to—
(i) preserve and improve the ecosystem services they provide, and
(ii) protect the region’s significant vegetation and scenic quality, and
(iii) respond to and plan for climate change by identifying and protecting habitat corridors and links through the local government area,
(e) to facilitate rural housing choice through sustainable rural settlement growth that includes rural village living and strategic rural lifestyle living opportunities,
(f) to provide greater housing choice within the city of Bathurst through sustainable urban settlement growth that includes greater opportunities for medium density housing and the minimisation of the city’s environmental footprint,
**Who this affects
Landowners and prospective developers in the Bathurst region: their ability to subdivide, build, change use or run businesses is governed by the zones, the Land Use Table and the applicable maps and schedules.
Local businesses and hospitality operators: use and amenity rules, signage, and noise provisions (including a specific restriction on refusing licensed-premises development for reasons related to music if noise can be managed (cl 5.20)).
Heritage owners and people proposing works near listed heritage items or in conservation areas: additional consent and assessment requirements apply (cl 5.10; Schedule 5).
Council (as consent authority) and State agencies: Council administers the Plan but must consult or defer to Commonwealth/State bodies in specific areas (e.g. airspace/airport operations — cl 7.3; State SEPPs under cl 1.9).
Neighbours and local communities: the Plan regulates setbacks, noise, flood risk, bushfire risk, and other amenity matters affecting local residents.
**Why it matters (official purpose and how that translates into rules)
**Testing the stated aims against costs, incentives and trade-offs (mechanisms and likely effects)
Incentives and constraints on landowners and developers: The LEP steers behaviour primarily by defining permissible uses and attaching detailed development standards. If a use is "permitted with consent" rather than "permitted without consent" or "exempt", applicants face time, cost and uncertainty from statutory assessment (Land Use Table; cl 2.3). Small-scale, low‑impact works are facilitated via the exempt and complying pathways (Schedules 2 & 3), lowering transaction costs for routine work — but those pathways carry many local technical conditions (e.g. setbacks, sewer clearances, flood/bushfire exclusions) that create compliance complexity.
Flexibility vs certainty: The Plan includes a formal mechanism to allow exceptions to development standards (cl 4.6) so the consent authority may approve departures where the applicant demonstrates grounds. That provides flexibility but increases discretionary decision‑making and potentially uncertain time/cost for applicants (and greater record‑keeping obligations for Council).
Concentrated benefits and site‑specific entitlements: Several site‑specific provisions and Schedule 1 entries give particular parcels specific additional permitted uses or subdivision rights (e.g. Schedule 1 and cl 7.11, 7.17). Those are concentrated benefits to particular landowners and may create perceived differential treatment between landowners.
Heritage and environmental protection impose compliance costs: Owners of heritage items and applicants for development in conservation areas face mandatory heritage assessments, possible conservation management plans and additional conditions (cl 5.10, Schedule 5). This protects heritage value but increases cost and restricts owners’ options.
Event and noise management trade‑offs around Mount Panorama and Bathurst Airport: Specific clauses (cl 7.3–7.8) protect airport operations and racing-circuit uses by constraining noise‑sensitive development nearby (e.g. noise contour rules; Mount Panorama 50 dBA area). That reduces the risk of future land‑use conflict but restricts residential intensification and may reduce land values where those constraints bite.
Public infrastructure and staging: Urban release and subdivision in designated areas require pre-arranged infrastructure arrangements, development control plans and Director‑General certification where necessary (Part 6, cl 6.1–6.3). That channels growth into staged, infrastructure-ready releases but adds transaction requirements and coordination costs for developers.
Effects on small business and hospitality: The Plan limits certain grounds for refusing consent to licensed premises on music‑ or performance‑related grounds (cl 5.20). That reduces the ability of councils or neighbours to use land‑use refusals to regulate cultural activity, shifting regulatory focus to noise mitigation and management rather than use prohibition.
**Administrative discretion and implementation risk
Council carries significant discretion as consent authority, with many matters "must consider" or "must be satisfied" (e.g. cl 2.3(2), cl 5.10 heritage, cl 5.21 flood planning). Discretion increases negotiation and the risk of inconsistent outcomes, and it generates record‑keeping and reasons requirements (e.g. cl 4.6(3) requires the consent authority to keep an assessment record when a standard is contravened).
Cross‑references to State policies and other Acts (multiple clauses: cl 1.9, cl 1.9A, cl 5.12, many references throughout) mean changes at State or Commonwealth level can affect how the LEP operates, creating regulatory interdependence and change‑risk for landowners.
**Compliance burden and technical specificity
**Effects on private enterprise, competition and choice
Zoning steers the local economy: separating residential, employment and rural uses protects agricultural land and the CBD role but limits the locations where some businesses (e.g. heavy industry, warehouses) can develop (Land Use Table and zones RU/E zones). Local centre (E1) caps certain uses and floor area limits to maintain the commercial hierarchy (cl 7.15).
Regulatory predictability vs transaction cost tradeoff: detailed local rules and maps increase predictability for many routine matters but increase the administrative and compliance cost to change uses or develop outside the established pattern.
**Concrete behaviour changes the Plan creates
Developers will seek to locate more intensive, commercial or industrial activities in designated employment zones; residential intensification is channelled to specific zones and lot sizes (cl 4.1B, Land Use Table).
Owners of heritage items will need to plan for additional assessment and conservation obligations (cl 5.10, Schedule 5).
Event operators and airport users enjoy stronger protection from incompatible nearby development (cl 7.3–7.8).
**Key local protections and exceptions to note (direct references)
Bottom line
The Bathurst Regional LEP 2014 is a comprehensive local zoning and development rulebook. It translates high‑level aims (protect primary production, heritage and environmental values while guiding urban growth) into detailed mandatory maps, permitted‑use rules, development standards, exemptions and site‑specific controls. That creates clear direction for many routine decisions and protects specified public assets, but it also produces significant technical compliance obligations, discretionary decision points for Council, and a patchwork of site‑specific entitlements that concentrate benefits for some landowners while constraining others.
(g) to promote the well-being of the people of the region by encouraging living, vibrant and growing rural settlement areas, urban villages and suburbs that generate a sense of community and place,
(h) to protect the region’s key transport assets and to promote opportunities for sustainable transport, particularly public and active transport,
(i) to provide a secure future for the region’s recreation assets, in particular, the Mount Panorama and the Macquarie River precincts,
(j) to minimise risk to the community in areas subject to environmental hazards, particularly flooding and bush fires and to minimise cumulative impacts on environmentally sensitive areas,
(k) to encourage the dynamic and innovative development and growth of the region’s primary resources,
(l) to protect and enhance the region’s landscapes, views, vistas and open spaces,
(m) to create a land use framework for controlling development in the region that allows detailed provisions to be made in any development control plan made for that purpose.
1.3 Land to which Plan applies
This Plan applies to the land identified on the Land Application Map.
1.4 Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5 Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7 Maps
(1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(1AA) (Repealed)
(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4) For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
1.8 Repeal of planning instruments applying to land
(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
Note.
The following local environmental plans are repealed under this provision—
Bathurst Regional (Interim) Local Environmental Plan 2005
Bathurst Local Environmental Plan 1997—Classification and Reclassification of Public Land
(2) All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
1.8A Savings
(1) If a development application has been made before this Plan commences in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
Note.
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
(2) If an application for a complying development certificate has been made before the commencement of State Environmental Planning Policy Amendment (Planning for Bush Fire Protection) 2020 in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if that Policy had not commenced.
(3) An application for a complying development certificate lodged before 1 May 2023 must be determined as if State Environmental Planning Policy Amendment (National Construction Code) 2023 had not commenced.
(4) A development application made, but not finally determined, before the commencement of Bathurst Regional Local Environmental Plan 2014 (Amendment No 22) must be determined as if that plan had not commenced.
cl 1.8A: Am 2019 (621), Sch 5[1]; 2020 (69), Sch 1.1[1]; 2023 (83), Sch 1.1[1] [2]; 2023 (244), Sch 1[1].
1.9 Application of SEPPs
(1) This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
(2) The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
1.9A Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2) This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
(3) This clause does not affect the rights or interests of any public authority under any registered instrument.
(4) Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2019 (621), Sch 5[2]–[4].
1.9B (Repealed)
cl 1.9B: Rep 2016 No 27, Sch 4.
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
RU4 Primary Production Small Lots
RU5 Village
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C4 Environmental Living
Waterway Zones
W2 Recreational Waterways
cl 2.1: Am 2022 (828), Sch 1.3[1]; 2023 (244), Sch 1[2].
2.2 Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3 Zone objectives and Land Use Table
(1) The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3) In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4) This clause is subject to the other provisions of this Plan.
Notes.
1
Schedule 1 sets out additional permitted uses for particular land.
2
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
3
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4
Clause 2.6 requires consent for subdivision of land.
5
Part 5 contains other provisions which require consent for particular development.
2.4 Unzoned land
(1) Development may be carried out on unzoned land only with development consent.
(2) In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5 Additional permitted uses for particular land
(1) Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2) This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6 Subdivision—consent requirements
(1) Land to which this Plan applies may be subdivided, but only with development consent.
Notes.
(2) Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note.
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
1
If a subdivision is specified as exempt development in an applicable environmental planning i
This is an opening excerpt, not the complete document.