The Plan organises land use regulation by a small number of structural devices. These are the basic concepts a practitioner must map from the instrument to any real proposal.

Zoning and maps: The Plan is map‑driven. The Land Zoning Map and other named maps (Lot Size Map; Heritage Map; Terrestrial Biodiversity Map; Riparian Lands and Waterways Map; Wetlands Map; Obstacle Limitation Surface Map; Explosive Storage Area Map; Land Reservation Acquisition Map; Noise Exposure Forecast Contour Map for the Tocumwal Airport) identify the geographic scope of specific rules (cl 1.7; cl 2.2). The Land Use Table then translates those zones into permissible, consent and prohibited uses and states zone objectives which the consent authority must have regard to (cl 2.3).

Hierarchy with State instruments: The Plan is expressly subject to State environmental planning policies that prevail under the Act (cl 1.9(1)), and specifically flags a number of SEPPs as potentially relevant (Land Use Table note). Practically this means State instruments can displace or supplement the Plan where the Act gives primacy to SEPPs (for example SEPPs that regulate housing, transport and infrastructure, primary production, resilience and hazards, industry and employment).

Exempt and complying development: The Plan embeds an exemption/compliance regime (Part 3 and Schedules 2-3). Exempt development is limited to low‑impact items set out in Schedule 2 and requires compliance with the Building Code of Australia, and is excluded on environmentally sensitive areas and listed heritage places (cl 3.1; cl 3.3). Complying development follows Schedule 3 and must be permissible in the zone, meet deemed‑to‑satisfy BCA provisions and any on‑site effluent approvals when relevant (cl 3.2).

Standards and exceptions: The Plan establishes principal development standards, most notably minimum lot sizes anchored to a Lot Size Map (cl 4.1 and Lot Size Map). It also provides a route to grant consent despite contravening a development standard through an exceptions mechanism requiring the applicant to demonstrate that compliance would be unreasonable or unnecessary and that there are sufficient environmental planning grounds (cl 4.6). That exception is subject to record‑keeping and to particular prohibitions on using the clause to vary certain standards (cl 4.6(4) and (8)).

Local environmental protections and constraints: The Plan contains a substantial set of local provisions that add process and substance to standard development assessment: heritage consent triggers and requirements (cl 5.10; Schedule 5), terrestrial biodiversity protections (cl 6.3), riparian and wetlands tests (cl 6.4-6.5), specific Murray River and river front tests including one‑mooring limits and visual compatibility (cl 6.6-6.7), aquaculture design and discharge rules (cl 5.19 and Schedule 6), intensive livestock thresholds and locational constraints (cl 5.18), flood planning requirements adopting the state Considering Flooding guideline and Flood Risk Management Manual (cl 5.21), and aviation/airspace consultation obligations for Tocumwal Airport (cl 6.8-6.9).

Decision‑making and consultation duties: The Plan allocates primary decision‑making to the Council (cl 1.6) but builds in mandatory consulting or notification duties: notification to the Heritage Council for archaeological sites (cl 5.10(7)), written notification of local Aboriginal communities and consideration of any responses (cl 5.10(8)), consultation with the relevant Commonwealth body where development penetrates identified airspace surfaces (cl 6.8(2)), and consideration of aquaculture industry plans and NSW Oyster Industry strategy when assessing oyster aquaculture (cl 5.19(5)).

Interplay with land‑ownership and covenants: Clause 1.9A permits suspension of private agreements, covenants or similar instruments to the extent necessary to enable development consistent with the Plan, but expressly excludes council‑imposed covenants and a list of environmental/conservation instruments, while preserving registered public authority rights (cl 1.9A(1)-(3)).

Procedural and technical requirements: The Plan refers regulators and applicants to other statutory and regulatory tests: Building Code of Australia compliance (cl 3.1(3)(a)); BASIX commitments and associated constraints on varying standards (cl 4.6(8)(b)); requirements under the Environmental Planning and Assessment Regulation 2021 when applying to contravene standards (cl 4.6 note); and specific industry guidance (eg, DPI aquaculture development plans referenced in cl 5.19).

Taken together, the Plan is a conventional LEP architecture: zone‑and‑map driven use permissions, schedules for exempt/compliant development, a suite of local environmental controls and consultation obligations, and a framework for exceptions and special cases. The practical exercise of the Plan centres on map checks, zone interpretation against the Land Use Table and checking the many overlay maps and schedules for local constraints and procedural triggers.

The instrument affects a defined set of actors by changing the legal and administrative environment for land use in the Berrigan area. Identify roles, rights and likely compliance burdens directly traceable to the Plan’s clauses.

Primary decision maker and regulators

• Council: identified as the consent authority (cl 1.6), Council is the primary decision‑maker under the Plan and must apply the Plan’s zone objectives, local clauses and schedules when determining development applications (cl 2.3(2); multiple clauses require Council satisfaction before consent is given, for example cl 5.19, cl 6.3, cl 6.4).
• Relevant State and Commonwealth bodies: the Plan requires consultation or gives primacy to certain State/Crown functions (for example SEPPs that prevail under the Act at cl 1.9; consultation with a relevant Commonwealth body on airspace matters at cl 6.8).

Landowners and developers

• Private landowners and developers in the mapped area must check the Land Zoning Map, Lot Size Map and other overlay maps to determine permissible uses, minimum lot sizes and overlay constraints (cl 2.2; cl 4.1).
• Those proposing subdivision, demolition or land use changes must obtain development consent where required (cl 2.6; cl 2.7), unless the activity is exempt or complying under Schedule 2 or 3 and meets the tests in Part 3 (cl 3.1-3.2). Exempt/compliant development is nonetheless subject to other statutory approvals (Schedule 2 note).

Heritage interests and custodians

• Owners of items listed in Schedule 5 or properties within a heritage conservation area must observe the heritage consent triggers (cl 5.10). Consent is required for demolishing, altering exterior fabric, structural interior works specified in Schedule 5, archaeological disturbance and subdivision or erection of buildings on those lands (cl 5.10(2)). The consent authority may require heritage management documents and conservation management plans (cl 5.10(5)-(6)).

Primary production, aquaculture and intensive livestock operators

• Agriculture and rural industries operating in RU1 and other zones will be affected by minimum lot sizes, subdivision rules, controls on rural workers’ dwellings (cl 4.1; cl 4.2A; cl 4.2B) and specialised provisions for intensive livestock (cl 5.18) and pond/tank aquaculture (cl 5.19; Schedule 6). The Plan specifies capacity thresholds below which some intensive livestock development may be carried out without consent if locational restrictions are met (cl 5.18(4)-(5)).

Tourism, licensed premises and entertainment operators

• The Plan allows a range of tourist and visitor uses in particular zones (Land Use Table) and contains a specific constraint on consent refusals for licensed premises relating to the playing and performance of music (cl 5.20). Consent cannot be refused on a set of enumerated grounds about the nature of the music, dance and associated features, and cannot be refused on noise grounds if the consent authority is satisfied noise may be managed and minimised to an acceptable level (cl 5.20(1)-(2)). Operators of licensed premises therefore have an explicit procedural protection within the Plan.

Public authorities and Crown entities

• The Plan contains a non‑restriction clause for infrastructure development and use of existing buildings of the Crown under SEPP Transport and Infrastructure (cl 5.12). Public authorities involved in acquisition of reserved land have a prescribed relevant authority under the Land Acquisition (Just Terms Compensation) Act where owner‑initiated acquisition is triggered (cl 5.1).

Communities around special infrastructure

• Residents and businesses located near Tocumwal Airport, the explosive storage area, or the Murray River are affected by specific overlay provisions: aircraft noise and airspace controls (cl 6.8-6.9), explosive storage buffer considerations (cl 6.11), and riverbank/river front rules including limits on moorings and visual compatibility (cl 6.6-6.7).

Those with registered covenants and other private instruments

• Clause 1.9A authorises the suspension, to the extent necessary, of private covenants, agreements or similar instruments that would restrict development consistent with the Plan, subject to enumerated exclusions (cl 1.9A(1)-(3)).

Who pays and bears costs

• The Plan itself does not set fees but allocates compliance and information costs to applicants and landowners via requirements for statements of environmental effects, heritage management documents, conservation management plans, environmental impact statements where development is designated, compliance with BCA and industry codes and technical standards (cl 3.1; cl 4.6 note; cl 5.10(5)-(6); cl 5.18(3); cl 5.19(2)-(3)). Those preparation costs and any obligations to alter design, locate infrastructure or limit uses fall on proponents unless other legislative mechanisms allocate costs differently.

In sum, the Plan affects the Council as permit issuer and a wide set of private and public actors who own, develop or manage land in the mapped area, with particular operational impacts on agricultural, aquaculture, heritage, tourism and airport‑adjacent stakeholders. The Plan also introduces regulatory benefits and constraints that accrue unevenly: some actors gain explicit procedural protections (licensed premises for music), while others face additional documentary and locational compliance costs (heritage, biodiversity, riparian, intensive livestock, aquaculture).

The Plan imposes duties on consent authorities and applicants and creates procedural rights for landowners and certain classes of development. Below are the principal duties and rights drawn from the text.

Duties of the consent authority (Council)

• Must have regard to the objectives for development in a zone when deciding a development application (cl 2.3(2)). That is a mandatory evaluative duty linking decision‑making to stated objectives.
• Must keep a record of its assessment where development consent is sought to contravene a development standard under the exceptions clause (cl 4.6(4)).
• Must not grant consent for certain defined classes of development unless satisfied of specified environmental or design matters: for example, pond/tank aquaculture requires satisfaction of Schedule 6 site and operational requirements (cl 5.19(2)); development in the flood planning area requires satisfaction that the development is compatible with flood function and will not adversely affect flood behaviour and evacuation (cl 5.21(2)); eco‑tourist facilities must meet connection to site values and a detailed management strategy (cl 5.13(3)).
• Must consult or notify listed third parties before granting consent in particular circumstances: notify the Heritage Council before approving development on archaeological sites (cl 5.10(7)); notify local Aboriginal communities and take responses into account before consenting to development in Aboriginal places of heritage significance (cl 5.10(8)); consult the relevant Commonwealth body where development will penetrate the Obstacle Limitation or Operations Surface at Tocumwal Airport (cl 6.8(2)); consider DPI aquaculture plans and the NSW Oyster Industry Sustainable Aquaculture Strategy for oyster aquaculture applications (cl 5.19(5)).

Duties of applicants/proponents

• To comply with the Building Code of Australia and provide evidence of structural adequacy for exempt development; exempt development must not cause the building to contravene the BCA (cl 3.1(3)(a)-(b)).
• To supply statements and documents as required by the Act and Regulation: for matters proposing to contravene development standards an accompanying document is required under the Environmental Planning and Assessment Regulation 2021 (cl 4.6 note); development applications for artificial waterbodies must include a statement of environmental effects and details of relevant licences or exemptions (cl 5.17(4)); intensive livestock and aquaculture applications must provide sufficient information for environmental assessment (cl 5.18(3); cl 5.19(2)).
• Heritage obligations: where the consent authority so requires, applicants must produce heritage management documents or heritage conservation management plans and must ensure conservation works identified in such documents are carried out as a condition of consent (cl 5.10(5)-(6); cl 5.10(10)(c)).
• For complying development certificates, applicants must accept that the certificate is subject to the conditions set out in Schedule 3 (cl 3.2(4)) and to any applicable conditions of the State SEPP forms.

Rights conferred on applicants and owners

• Right to undertake development expressly permitted without consent in the Land Use Table or as exempt or complying development in Schedules 2 and 3, provided the relevant tests and standards are met (cl 2.3(1)(b); cl 3.1; cl 3.2).
• Right to propose development that contravenes a development standard under cl 4.6: the clause provides a statutory pathway for consent to be granted despite contravention where the applicant demonstrably shows compliance would be unreasonable or unnecessary and there are sufficient environmental planning grounds (cl 4.6(2)-(3)). The Regulation mandates application material to support such claims.
• Right, for licensed premises, to be protected from refusal on enumerated grounds related to the playing or performance of music, dancing, stage orientation and certain decorations, subject to management of noise to acceptable levels (cl 5.20(1)-(2)).
• Right to use temporary use provisions for up to 52 days in any 12‑month period without converting the use permanently, subject to the consent authority’s satisfaction as to amenity and restoration (cl 2.8).
• Right to have public land classified or reclassified by Council under Part 2 of Chapter 6 of the Local Government Act 1993 as operational or community land where Schedule 4 describes the land and the Plan enables classification (cl 5.2).

Limits on rights and express exclusions

• Clause 1.9A suspends private covenants only to the extent necessary, and excludes a list of conservation and Crown instruments (cl 1.9A(1)-(2)), and does not affect public authority rights under registered instruments (cl 1.9A(3)).
• The exceptions mechanism for development standards (cl 4.6) expressly cannot be used to vary standards for complying development or to vary standards linked to BASIX commitments, clause 5.4 or clause 5.5 (cl 4.6(8)).
• Exempt and complying development cannot be carried out on identified environmentally sensitive areas (cl 3.3).

Administrative and procedural rights

• Applicants have access to the complying development certificate pathway where a development is specified in Schedule 3 Part 1 and meets the Part 2 conditions (cl 3.2(2)-(4)).
• The consent authority is given discretion to require further documentary materials or heritage management plans and to impose conservation works as conditions of consent (cl 5.10(5)-(6); cl 5.10(10)(c)).

These duties and rights create a regime where Council exercises significant discretion but must follow procedural duties of consultation and record‑keeping, and where applicants have defined statutory routes to proceed (permitted use, exempt/compliant development, special exceptions) provided the documentary and technical tests set out in the Plan and relevant regulations are satisfied.

The Plan itself is largely procedural and prescriptive rather than punitive; it does not set out bespoke criminal penalties or fines. Instead enforcement and sanctions for non‑compliance are governed by the Environmental Planning and Assessment Act 1979 and the secondary legislation referenced by the Plan. Key enforcement‑relevant features and how they operate are set out below on the basis of material within the Plan.

Consent thresholds and legal effect

• The Plan specifies what development requires development consent (for example subdivision cl 2.6; demolition cl 2.7; a long list of uses “permitted with consent” in the Land Use Table). Where consent is required and not obtained, statutory enforcement mechanisms under the Act and relevant regulations (not reproduced in the Plan) apply. The Plan’s notes point practitioners to the Act and SEPPs for procedural and penalty regimes (cl 1.9 note; Schedule 2 note).

Complying and exempt development

• The Plan makes clear that exempt development may be carried out without development consent (cl 3.1(2)), but that exempt development is not exempt from other Acts, approvals, licences or permits (Schedule 2 Note 2). Thus a breach of an approval requirement under another Act triggers enforcement under that Act. Complying development certificates are subject to stated conditions and are enforceable as development consent would be (cl 3.2(4)).

Conditional consents and conditions

• A consent authority may impose conditions when granting consent, including requiring conservation works for heritage items (cl 5.10(10)(c)) or management strategies for eco‑tourist facilities (cl 5.13(3)(k)). Failure to comply with consent conditions is an enforceable breach under the Act and Regulations.

Record‑keeping and administrative obligations

• The requirement that the consent authority keep a record of its assessment where a development standard is contravened (cl 4.6(4)) creates an administrative trace for potential review and enforcement action. Similarly, consultation and notification duties (cl 5.10(7)-(8), cl 6.8(2)) can generate procedural grounds for review if not met.

Acquisition and Crown powers

• The Plan identifies a “relevant acquisition authority” for certain owner‑initiated acquisition processes under the Land Acquisition (Just Terms Compensation) Act (cl 5.1). Those acquisition processes include statutory enforcement and compensation mechanisms set out in that Act; the Plan does not itself create additional penalties but prescribes the relevant authority if acquisition is triggered.

No standalone penalty schedule in the Plan

• The Plan does not contain an explicit schedule of offences, penalty units or infringement notices. Enforcement, penalties and remedies for illegal development, failure to obtain consent, non‑compliance with consent conditions, and offences for work in heritage or protected areas therefore remain the statutory domain of the Environmental Planning and Assessment Act, associated regulations, and any other relevant Act provision cited in the Plan (for example the Heritage Act, Local Government Act, Protection of the Environment Operations Act, Fisheries Management Act, Water Management Act etc). The Plan repeatedly notes where other Acts and licence requirements apply (eg cl 3.1(5) note; cl 5.17(4)(b); Schedule 2 note).

Practical enforcement implications for practitioners

• Because the Plan prescribes many triggers for consent and documentary requirements (heritage plans, environmental statements, flood and biodiversity assessments), in practice enforcement tends to be exercised through refusal of retrospective applications, issuing of remedial conditions, or prosecution under the Act for carrying out development without consent. The Plan’s administrative duties (consultation, records) also shape the grounds on which a decision might be subject to merits review or judicial review, although the Plan itself does not set the remedies.

In short, the Plan defines legal obligations and procedural prerequisites but leaves the substance of penalties and enforcement to the broader legislative framework. Practitioners should therefore consider the Plan together with the Environmental Planning and Assessment Act, the Environmental Planning and Assessment Regulation 2021 and the other Acts referenced for the operative enforcement regime.

The Plan is tightly cross‑referenced to State and Commonwealth statutes and policies. Its operation is not standalone; the instrument explicitly integrates other legislative and policy instruments and sets out the mechanics for resolving overlaps. Below are the principal interactions the text establishes.

State environmental planning policies and the EP&A Act

• The Plan is subject to State environmental planning policies that prevail under s 3.28 of the Environmental Planning and Assessment Act (cl 1.9(1)). The Land Use Table expressly notes SEPPs that may be relevant (eg SEPP Housing 2021; SEPP Transport and Infrastructure 2021; SEPP Primary Production 2021; SEPP Resilience and Hazards 2021; SEPP Resources and Energy 2021; SEPP Industry and Employment 2021). This establishes the legal hierarchy: where a SEPP prevails it displaces or modifies the Plan’s application in that respect.

Building and sustainability standards

• Exempt and complying development are conditioned on compliance with the Building Code of Australia (cl 3.1(3)(a)-(b); cl 3.2(3)(b)). The Plan also disallows using the exceptions provision to contravene BASIX commitments (cl 4.6(8)(b)), linking its flexibility to building sustainability obligations under the BASIX regime.

Heritage, conservation and Aboriginal cultural heritage laws

• The Plan interacts with the Heritage Act 1977, National Parks and Wildlife Act 1974 and statutes governing Aboriginal heritage in requiring notifications, heritage management documents and conservation management plans (cl 5.10; Schedule 5). It requires notification to the Heritage Council for archaeological sites (cl 5.10(7)) and written or other appropriate notification to local Aboriginal communities when development affects Aboriginal places of heritage significance (cl 5.10(8)).

Water‑related and primary production statutes

• The Plan requires consideration of the Water Management Act 2000 and Local Land Services Act where artificial waterbodies or development that affects watercourses are proposed (cl 5.17(4)(b); cl 6.4(3)). Aquaculture provisions in cl 5.19 explicitly reference the Fisheries Management Act 1994 (and its aquaculture plans) and the State’s Oyster Industry Strategy (cl 5.19(5)-(6) and Schedule 6). Intensive livestock agriculture clauses cross‑reference Local Land Services and contamination and proximity restrictions (cl 5.18).

Local Government Act and public land classification

• The Plan provides for classification and reclassification of public land as “operational land” or “community land” under Part 2 Chapter 6 of the Local Government Act 1993 (cl 5.2), including discharge of trusts in specified circumstances (cl 5.2(5)) and Governor approval where required.

Land acquisition

• Clause 5.1 identifies the relevant State authority for owner‑initiated acquisition under the Land Acquisition (Just Terms Compensation) Act 1991, linking the Plan’s land reservation scheme to compulsory acquisition mechanics of that Act.

Environmental protection and pollution law

• For intensive livestock and aquaculture, the Plan requires the consent authority to take into account licences or approvals required under other statutes (cl 5.17(4)(b); cl 5.18(3)(g)-(h)). The Plan flags that discharges to natural waterbodies are restricted under the aquaculture rules (Schedule 6), meaning operators must also secure any required licences under the Protection of the Environment Operations Act or Water Management Act.

Civil law instruments and covenants

• Clause 1.9A authorises suspension of private agreements and covenants to the extent necessary to enable development consistent with the Plan, but it expressly excludes covenants imposed by Council and a list of conservation instruments (cl 1.9A(1)-(2)). It preserves public authority rights under registered instruments (cl 1.9A(3)). The Plan therefore can modify the practical effect of private covenants, but only within the legal limits it enumerates and subject to the Governor’s approval before the clause was made (cl 1.9A(4)).

Commonwealth aviation law

• For development that penetrates identified Limitation or Operations Surfaces for Tocumwal Airport, the Plan mandates consultation with the relevant Commonwealth body that is responsible under Commonwealth legislation for such approvals, and gives that body a veto where it advises the development should not be constructed (cl 6.8(2)-(4)). The Plan thus embeds a procedural overlay to accommodate Commonwealth air navigation safety obligations.

Flood and hazard planning guidance

• The Plan incorporates State flood planning policy and guidance by reference: development within the flood planning area must be decided in light of the Considering Flooding in Land Use Planning Guideline and the Flood Risk Management Manual (cl 5.21(4)-(5)). That imports technical standards from NSW Government publications into local assessment.

Regulatory cross‑referencing and limits on flexibility

• The exceptions clause (cl 4.6) is limited by specific cross‑references preventing contraventions of standards for complying development and BASIX commitments (cl 4.6(8)). The Plan therefore both relies on and limits departure from other statutory schemes.

Overall, the Plan is an instrument designed to operate in a dense regulatory ecosystem: it defers to and integrates State and Commonwealth laws, sets local procedural requirements that interact with sectoral licences and codes, and creates a roadmap of which external approvals and notifications must be obtained or considered as part of local development assessment.

The text of the Plan includes explicit amendment annotations. Below are the amendments and dates recorded in the instrument as presented. These entries identify which specific clauses and Schedules have been amended and the year/authority recorded in the instrument; they show the Plan has been updated periodically to reflect policy and statutory changes.

Principal amendment entries shown in the Plan text

• Clause 1.8A (Savings provision relating to development applications) is recorded as amended: "cl 1.8A: Am 2019 (621), Sch 5[1]". This inserts the transitional rule that pre‑commencement development applications are to be determined as if the Plan had not commenced (cl 1.8A).
• Clause 1.9A (Suspension of covenants, agreements and instruments) shows amendment history "cl 1.9A: Am 2019 (621), Sch 5[2]-[4]". This indicates the covenant‑suspension provision was added or amended in 2019.
• Clause 2.1 (Land use zones) shows multiple amendments: "cl 2.1: Am 2022 (830), Sch 1.1[1]; 2025 (418), Sch 1[1]". This records changes in the zone list or related labelling occurring in 2022 and 2025.
• The Land Use Table indicates a sequence of amendments: "Land Use tbl: Am 2016 No 551, cl 4; 2017 (493), Sch 1.1[1]; 2019 (137), Sch 6[1]; 2022 (314), Sch 1; 2022 (830), Sch 1.1[2]; 2025 (418), Sch 1[2]". This suggests several historic edits to the permitted/consent/prohibited uses across those years.
• Clauses introduced in 2022: 4.1AA (Minimum subdivision lot size for community title schemes) and 4.1A (Minimum subdivision lot size for strata plan schemes in certain rural and conservation zones) are annotated "cl 4.1AA: Am 2022 (830), Sch 1.1[3]" and "cl 4.1A: Am 2022 (830), Sch 1.1[3] [4]". The amendments add community title/strata lot size rules in 2022.
• Clause 4.1B (Minimum lot sizes for dual occupancies, multi dwelling housing and residential flat buildings) appears in the text without a separate amendment note in the immediate clause body, but overall Part 4 shows multiple amends consistent with 2022 activity.
• Clause 6.2 is recorded as repealed in 2021: "cl 6.2: Rep 2021 (225), Sch 1."
• Schedule and clause level amendments are recorded across the document: Schedule 1 amended 2015 (sch 1: Am 2015 (451), cl 5); Schedule 5 amended 2016 (sch 5: Am 2016 (208), cl 5); clause 5.4 was amended 2018 (cl 5.4: Am 2018 (406), Sch 1.11 [1] [2]); Schedule 2 amended 2022 (sch 2: Am 2022 (830), Sch 1.1[6]-[8]). Clause 6.7 also shows "cl 6.7: Am 2022 (830), Sch 1.1[5]".
• Schedule 6 and the aquaculture provisions (cl 5.19 and Schedule 6) remain as inserted in the Plan text; references indicate they are current.

Interpretation of the amendment footprint

• The Plan shows an ongoing programme of amendments in the years noted, particularly a tranche of changes in 2019 and 2022 (2019 provision for transitional handling of development applications and covenant suspension; 2022 additions related to lot size rules and river front area controls; 2021 repeal of a clause). Amendments in 2016, 2017, 2018 and 2015 are recorded against schedules and specific clauses.
• Many of the later amendments (for example 2022) appear targeted at refining subdivision rules (community title and strata lot size rules), river front and Murray River provisions (cl 6.7 amended 2022), and updating exempt/compliant development lists (Schedule 2 amendments 2022). The textual record shows successive iterations rather than wholesale replacement of the instrument.

Limitation

• The Plan provides the historical annotations embedded in the instrument text; it does not provide full amending instrument texts or parliamentary explanatory memoranda. For precise drafting changes and the exact insertion/deletion text, practitioners should inspect the amending instruments identified by the year and schedule numbers on the NSW legislation website.

In practice, the visible amendment history indicates the Plan has been actively maintained to address evolving issues such as community title, strata subdivision thresholds, aquaculture and riverfront planning, and transitional arrangements for development applications and covenants.

The Plan as provided contains no record of litigation, court decisions, or named cases. No judicial or tribunal determinations are referenced in the instrument text or the Schedules. The Plan therefore does not itself report any case law on interpretation or enforcement.

What that means for practice

• Because the Plan contains no internal litigation history, users must rely on administrative decisions and judicial interpretations of the Environmental Planning and Assessment Act and of previous local environmental plans for precedents that might bear on the Plan’s provisions.
• Disputes that arise under the Plan (for example about the application of an overlay, the scope of an exception to a development standard, heritage obligations, or the grant of consent) would be resolved in the ordinary way: merits review (eg by the Land and Environment Court where permitted), judicial review of administrative decisions, or appeals under the Act. Those dispute pathways and leading cases are outside the text of the Plan and must be researched in the case law corpus and tribunal decisions.
• The Plan does record procedural duties (consultations, records) and substantive thresholds that are likely germane to any review: e.g. where an applicant relies on cl 4.6 to contravene a standard, the consent authority is required to keep a record of the assessment (cl 4.6(4)), which would be material in any merits or judicial review.

Recommendation

• Practitioners assessing litigation risk or precedent should search for decisions under the EP&A Act and the Land and Environment Court where the clauses mirrored in this Plan (notably cl 4.6 exceptions to standards, heritage clauses like cl 5.10, and aquaculture or flood planning clauses) have featured. The Plan itself does not supply those decisions.

The Plan contains multiple provisions that can produce practical traps for practitioners who rely on headline permissions or do not consult the overlay maps, schedules and cross‑referenced statutes. Below are salient “gotchas” grounded in the Plan text.

1. Map‑driven rules , do not rely on zone name alone

• Many controls, minimum lot sizes and overlay constraints are map‑anchored: Lot Size Map, Terrestrial Biodiversity Map, Riparian Lands and Waterways Map, Wetlands Map, Obstacle Limitation Surface Map, Explosive Storage Area Map and Noise Exposure Forecast Contour Map (cl 1.7; cl 2.2; cl 6.3; cl 6.4; cl 6.5; cl 6.8; cl 6.11). Applying the wrong map, or failing to check overlays, will miss triggers such as heritage designations, biodiversity overlays or aircraft noise constraints.

2. Covenant suspension is limited and qualified

• Clause 1.9A can suspend private covenants to the extent necessary to enable development compliant with the Plan, but it does not apply to covenants imposed by the Council or to a specified list of environmental instruments (cl 1.9A(2)). It also does not affect public authority rights under registered instruments (cl 1.9A(3)). Do not assume all covenants are disapplied simply because the Plan says some may be suspended.

3. Transitional treatment of pre‑commencement applications

• Development applications lodged before the Plan’s commencement that had not been finally determined must be decided as if the Plan had not commenced (cl 1.8A). This produces the possibility of parallel regulatory regimes applying to closely timed applications; confirming which legal regime governs an application is essential.

4. Exempt/compliant exclusions for environmentally sensitive areas

• The Plan disallows exempt or complying development on listed environmentally sensitive areas (cl 3.3). The definition of such areas is broad and includes coastal waters, coastal wetlands, areas of high Aboriginal cultural significance and declared areas of outstanding biodiversity (cl 3.3(2)). An apparently routine, otherwise exempt activity may require consent if located within an overlay.

5. Heritage triggers and discretionary “minor” carve‑outs

• Consent is required for demolition, alterations to heritage items or placing a building on land within a heritage conservation area (cl 5.10(2)). Although cl 5.10(3) permits the consent authority to advise that a proposed development is “of a minor nature” and no consent is therefore required, the onus and risk sit with the applicant; if the Council does not provide that written satisfaction, consent will be required. Heritage management documents and conservation management plans may be required as a precondition (cl 5.10(5)-(6)).

6. Exceptions to standards have limits and record obligations

• Clause 4.6 allows departures from development standards but requires the applicant to demonstrate the standard is unreasonable or unnecessary and to provide environmental planning grounds (cl 4.6(3)). The consent authority must keep a record of the assessment (cl 4.6(4)). Importantly, cl 4.6(8) excludes certain standards from being varied under this clause (eg complying development standards, BASIX‑related standards and cl 5.4, cl 5.5). Practitioners must not assume a free waiver route exists.

7. Specific numeric thresholds and locational constraints in agriculture and aquaculture

• Intensive livestock agriculture includes specific capacity thresholds (cl 5.18(5)) below which development may proceed without consent, but only where locational restrictions are met (eg setback from natural watercourses, drinking water catchments, dwellings, and separation distances between poultry/pig farms) (cl 5.18(4)). Aquaculture has strict discharge and pond design constraints in Schedule 6 (eg no discharge of freshwater to natural waterbodies for intensive aquaculture except as allowed, outlets must be screened, ponds must be drainable) (cl 5.19; Schedule 6). Overlooking those thresholds can turn a permitted‑without‑consent activity into unauthorised development.

8. Music protections , limited and conditional

• Clause 5.20 prevents the consent authority from refusing development for licensed premises on a long list of grounds related to music and performance (genre, live/amplified, number of performers, presence of a dance floor etc) (cl 5.20(1)). However, cl 5.20(2) allows refusal on noise grounds if the consent authority is not satisfied the noise can be managed and minimised to an acceptable level. Applicants often misunderstand this as an absolute protection for entertainment uses; it is not.

9. Not adopted provisions , absence of local numeric controls

• Several typical LEP controls are explicitly “Not adopted” (eg cl 4.3 Height of buildings; cl 4.4 Floor space ratio; cl 4.5 Calculation of floor space ratio and site area; cl 5.5 Secondary dwellings on land in a rural zone; cl 5.6 Architectural roof features). The absence of local numeric height or FSR controls may leave those matters governed by State policy or the BCA; don’t assume the Plan supplies an otherwise‑expected numeric standard.

10. Airspace and Commonwealth veto

• Development that penetrates the Limitation or Operations Surface at Tocumwal Airport triggers mandatory consultation with the relevant Commonwealth body and may be refused if that body advises it should not be constructed (cl 6.8(2)-(4)). This presents a discrete but absolute veto risk for developments near the airport.

11. Zone boundary flexibility is limited by distance and exclusions

• Clause 5.3 permits development within certain distances of a zone boundary to be assessed as if a use allowed in the adjoining zone were proposed, but the distances differ (100 m for RU1 to any other zone; 50 m otherwise) and the clause expressly excludes several zones and the coastal zone (cl 5.3(2)-(3)). The provision does not automatically authorise a change of use; the consent authority must still be satisfied about compatibility (cl 5.3(4)).

12. Public land classification and trust discharge requirements

• Clause 5.2 can reclassify public land as operational land and discharge trusts in Part 2 of Schedule 4, but a note points to the Governor’s approval required before the description is inserted to discharge the trust (cl 5.2(5) and the following Note). Practitioners intending to convert or reuse public reserves should check these further approvals.

Each of the above is rooted in a clause reference; overlooking the overlay maps, the lists in Schedules, or the detailed procedural triggers is the common practical error. The Plan contains many localised and sector‑specific constraints that can override perceived rights derived from a zone heading alone.

This section provides a practical compliance checklist tied to the Plan’s clauses and schedules. Use it as a procedural roadmap to test a project against the Plan.

1. Establish the correct geographic and statutory baseline

• Check the Land Zoning Map and all overlay maps (Lot Size Map; Heritage Map; Terrestrial Biodiversity Map; Riparian Lands and Waterways Map; Wetlands Map; Obstacle Limitation Surface Map; Explosive Storage Area Map; Land Reservation Acquisition Map; and Noise Exposure Forecast Contour Map for Tocumwal Airport) to determine applicable zones and overlays (cl 1.7; cl 2.2; cl 6.3-6.5; cl 6.8; cl 6.11). These maps determine permitted uses, minimum lot sizes and special constraints.
• Confirm whether a State environmental planning policy applies and prevails over any inconsistent Plan provision (cl 1.9). If a SEPP applies, follow that instrument where it has primacy.

2. Determine permitted status under the Land Use Table and Schedules

• Consult the Land Use Table for the zone of the land to find whether the intended use is permitted without consent, permitted with consent, or prohibited (cl 2.3 and the Land Use Table).
• If the activity appears to be exempt or complying development, check Schedule 2 and Schedule 3 criteria and the Part 3 tests (cl 3.1-3.2; Schedule 2; Schedule 3). Remember exempt/compliant development cannot be carried out on environmentally sensitive areas as defined (cl 3.3).

3. Check procedural triggers and required technical documentation

• For any development that involves a heritage item or land within a heritage conservation area, determine whether demolition, external alterations, structural interior changes, excavation or subdivision triggers consent under cl 5.10(2). If so, be prepared to produce heritage management documents or a heritage conservation management plan if requested (cl 5.10(5)-(6)). Notify and consult Aboriginal communities where Aboriginal places of heritage significance are affected (cl 5.10(8)).
• For developments proposing an exception to development standards, prepare the document required by the Environmental Planning and Assessment Regulation 2021 that demonstrates the matters in cl 4.6(3) (cl 4.6 note).
• If the proposal is intensive livestock agriculture or aquaculture, collate a statement of environmental effects, show compliance with industry codes and DPI aquaculture development plans, adhere to species and discharge constraints in Schedule 6, and ensure locational restrictions are met (cl 5.18; cl 5.19; Schedule 6).
• For flood‑prone land, provide evidence the development is compatible with flood function, will not adversely affect flood behaviour or evacuation routes, and that appropriate life‑safety measures are incorporated; reference the Considering Flooding in Land Use Planning Guideline and the Flood Risk Management Manual (cl 5.21).
• For developments near Tocumwal Airport that may penetrate Limitation/Operations Surfaces, consult early with the relevant Commonwealth body and obtain any necessary advice; the consent authority must consult the Commonwealth body before granting consent and is bound by its advice where the body objects (cl 6.8(2)-(4)).

4. Address essential services and infrastructure availability

• Demonstrate essential services will be available when required: water, electricity, sewage disposal, stormwater drainage or on‑site conservation and vehicular access (cl 6.10). Council will not grant consent unless satisfied about these matters.

5. Prepare and lodge the correct application type

• If the development is complying development and listed in Schedule 3 Part 1, prepare the design and compliance documentation required by Part 2 of Schedule 3 and lodge for a complying development certificate (cl 3.2(2)-(4)). If the activity is exempt under Schedule 2 and meets the standards, it may proceed without consent but still needs any other statutory approvals required under other Acts (Schedule 2 note).
• For any development requiring consent, lodge a development application with Council including statements of environmental effects, heritage impact statements or environmental impact statements where designated, and any supporting technical reports (cl 5.17(4); cl 5.18(3); cl 5.19(2)).

6. Engage early with Council and relevant agencies

• Use pre‑lodgement engagement to identify required studies and likely conditions: heritage, biodiversity, flood, aquaculture agencies, DPI for aquaculture and oyster industry matters, local Aboriginal community representatives, and the Heritage Council where archaeological sites are involved (cl 5.10(5)-(8); cl 5.19(5)).
• For proposals close to an overlay with Commonwealth interest (airspace), engage early with the relevant Commonwealth body (cl 6.8).

7. Prepare for conditions and possible obligations to carry out conservation works

• If consent is granted subject to heritage conservation works or a management plan, ensure the consent captures the required conservation work and that the applicant is able to deliver it (cl 5.10(10)(c); cl 5.13(3)(k)). Where conservation is required as a condition, design, cost and scheduling should be integrated in project budgets.

8. Check private covenants and the limited scope of their suspension

• Identify any registered covenants, agreements or instruments affecting the land. If these would prevent development authorised under the Plan, note the limited suspension power in cl 1.9A but also check whether the covenant is excluded (eg Council‑imposed covenants, Crown conservation instruments). Do not assume universal suspension of covenants; seek legal advice and check registered instruments (cl 1.9A(1)-(3)).

9. Validate exemptions and complying development against environmentally sensitive areas

• If relying on exempt or complying development, verify the land is not an environmentally sensitive area as defined by cl 3.3(2), which includes a wide suite of ecological, Aboriginal cultural and reserve protections.

10. Record‑keeping and documentation for contraventions

• Where an application seeks to contravene a development standard under cl 4.6, assemble the planning grounds and supporting evidence carefully and be prepared for the consent authority to keep an assessment record (cl 4.6(3)-(4)). The Regulation prescribes the required document for such a claim.

11. Plan for approvals under other Acts

• Determine whether the proposal requires licences or approvals under other Acts (eg Local Land Services Act, Water Management Act, Protection of the Environment Operations Act, Fisheries Management Act, Heritage Act). Include details of those licence/approval needs in the statement of environmental effects and, where possible, coordinate timing to avoid consent lapses due to missing third‑party licences (cl 5.17(4)(b)).

12. Practical project governance

• Budget for the preparation of technical studies (heritage management documents, ecological assessments, flood assessments, environmental impact statements where required) and for the time and cost of interagency consultations.
• Consider staging where sequential approvals are needed (eg first land use consent, then aquaculture licence) and check time limits for existing holdings or existing consents (eg cl 4.2A(6) regarding existing holdings).

Who decides and final approvals

• Council is the consent authority except where a SEPP or Commonwealth law places decision‑making elsewhere (cl 1.6; cl 1.9). For special matters (airspace, certain State infrastructure), the Plan requires consultation and may defer to Commonwealth or State advice (cl 6.8; cl 5.12).

This compliance roadmap translates the Plan’s clauses into practical steps. For borderline or novel proposals, early consultation with Council and the specified external agencies (Heritage Council, DPI, relevant Commonwealth aviation body, local Aboriginal communities) reduces the risk of refused consents and unexpected conditions.