The Plan organises land use regulation through a small number of interlocking concepts that determine what development may occur, how it is assessed and what locational and operational constraints apply.

Zoning and Land Use Table: The Plan divides land into zones (cl 2.1) and ties specific uses to each zone through the Land Use Table (cl 2.3). For each zone the Plan sets objectives, lists uses permitted without consent (for example environmental protection works; home-based child care depending on zone) and uses that require consent, and states prohibited uses. The consent authority must have regard to zone objectives when determining applications (cl 2.3(2)).

Maps as operative instruments: Zoning, lot size minima, terrestrial biodiversity sensitivity, groundwater vulnerability, watercourse buffers and heritage conservation areas are all mapped, and those maps define where provisions apply (cl 1.7; cl 2.2; references to various maps across Part 7). The Plan makes the maps the operative mechanism for spatial application of policies.

Consent regimes: The Plan distinguishes three main regulatory tracks:

• exempt development, identified in Schedule 2 and state SEPPs, for low‑impact works that do not require development consent but must satisfy conditions in cl 3.1;
• complying development, identified in Schedule 3 and the SEPPs, which may be carried out with a complying development certificate if standards and conditions are met (cl 3.2); and
• development requiring consent under the Act, including demolition, subdivision, and development specified in the Land Use Table as "permitted with consent" or where site-specific clauses require consent (cl 2.6, cl 2.7, cl 3.1-3.2).

Principal standards and flexibility: The Plan fixes minimum lot sizes and other standards via mapped instruments and clauses (cl 4.1, cl 4.1AA). It also provides an exceptions-to-standards mechanism that permits contravention of a development standard where the applicant demonstrates compliance with the test in cl 4.6(3) and the consent authority records its assessment (cl 4.6(3)-(4)). Clause 4.6 excludes certain standards from this flexibility (cl 4.6(8)).

Local environmental protections: The Plan embeds environmental safeguards by mandating consideration (and in some cases refusal) where development affects mapped biodiversity sensitivity (cl 7.4), groundwater vulnerability (cl 7.5), riparian zones and watercourses (cl 7.6), wetlands (cl 7.7), and flood planning areas (cl 5.21). For some activities the Plan prescribes minimum operational requirements and prohibitions, for example aquaculture in Schedule 6 (cl 5.19 and Schedule 6) and intensive livestock agriculture thresholds (cl 5.18).

Heritage and Aboriginal places: The Plan requires consent for works affecting listed heritage items or conservation areas (cl 5.10), and prescribes consultation with the Heritage Council or local Aboriginal communities in certain circumstances (cl 5.10(7)-(9)). It enables the consent authority to require heritage management documents or conservation management plans before exercising consent (cl 5.10(5)-(6)).

Infrastructure sequencing and public land: For urban release areas the Plan requires arrangements for designated State public infrastructure and a development control plan before certain subdivisions or development occur (Part 6, cl 6.1-6.3). The Plan also classifies specified public land as operational or community land and sets out the consequences for trusts and reservations (cl 5.2; Schedule 4).

Limited protection for entertainment uses: Clause 5.20 prevents consent authorities refusing development for licensed premises on the basis of a prescribed list of artistic, entertainment, or design features, and limits refusal on noise only where noise cannot be managed to an acceptable level (cl 5.20(1)-(2)).

Interplay with State instruments and other Acts: The Plan repeatedly cross-references State environmental planning policies and other statutes (for example the Local Government Act 1993, Heritage Act 1977, Fisheries and Crown Land Acts) to define exceptions, consultations and where other statutory approvals are required (see cl 1.9; cl 1.9A; cl 3.1; cl 5.2; cl 5.10; cl 5.12).

Primary decision maker: The immediate decision maker under the Plan is the Council which is the consent authority for the purposes of the Plan, subject to the Act (cl 1.6). The Plan repeatedly makes decision-making processes subject to the Act and to State environmental planning policies (cl 1.9; cl 1.6).

Owners and prospective purchasers: The Plan affects landowners and prospective purchasers by altering permissible uses, minimum lot sizes and subdivision entitlements through mapped lot size minima and zone rules (cl 4.1; cl 2.2; Land Use Table). Schedule 4 lists specific parcels reclassified as operational land; those land parcels’ status and any trusts are specified (cl 5.2; Schedule 4).

Developers and builders: Developers seeking subdivisions, intensive agriculture, aquaculture or other development listed in the Land Use Table will be required to satisfy consent criteria, demonstrate compliance with environmental and operational requirements, prepare statements of environmental effects or EIS where designated, and, in some cases, secure infrastructure arrangements (cl 2.6; cl 5.18; cl 5.19; cl 6.1-6.3; cl 7.3). Those seeking to contravene development standards must prepare the grounds required under cl 4.6(3) and, where the regulations require, an accompanying document (note to cl 4.6).

Community groups and adjoining owners: The Plan imposes consultation and notification obligations in limited, but important, contexts. For heritage-related development the consent authority may be required to notify the Heritage Council or local Aboriginal communities and take their responses into account within specified timeframes (cl 5.10(7)-(9)). Adjoining owners’ property rights and common law still apply where works are exempt development (Schedule 2 Note 2).

State agencies and regulated industries: State agencies will be bound by the Plan when operating in the area, subject to listed State SEPPs and certain exemptions (cl 1.9; cl 5.12). Industries such as aquaculture and intensive livestock agriculture must also comply with industry development plans and thresholds in the Plan (cl 5.19; cl 5.18). Where the Plan requires consultation with Commonwealth bodies (for example where development penetrates airport obstacle surfaces), relevant Commonwealth bodies must be consulted (cl 7.8).

Aboriginal communities and heritage stakeholders: The Plan explicitly requires consideration of Aboriginal places and Aboriginal objects, requires notification of local Aboriginal communities in certain circumstances, and directs how archaeological site disturbance is to be treated (cl 5.10(2), (7)-(8)). The Plan lists specific heritage items of State and Local significance in Schedule 5.

Utility providers and infrastructure funders: Developers must demonstrate that essential services are, or will be, available for proposed development (cl 7.9). For urban release areas, the Director‑General of the relevant agency must certify that satisfactory arrangements have been made for designated State public infrastructure before certain subdivisions proceed (cl 6.1).

Who pays and who decides: The Plan places the primary decision power with the Council (cl 1.6). The costs of compliance, assessment, preparation of management documents, and meeting infrastructure and operational requirements fall to applicants and developers unless otherwise provided by separate State/agency arrangements. The Plan’s emphasis on preconditions for consent in several clauses (for example cl 5.19(2), cl 6.2) transfers the financial and administrative burden to proponents to demonstrate that requirements are met.

Consent authority duties: The Council must act as the consent authority under the Plan and in exercising its powers must have regard to the objectives of the relevant zone (cl 1.6; cl 2.3(2)). The Plan gives the consent authority a range of statutory duties including:

• refusing consent where statutory preconditions are not satisfied, for example for development in a flood planning area unless the consent authority is satisfied of particular flood‑risk matters (cl 5.21(2));
• requiring heritage assessments or heritage management documents prior to consent (cl 5.10(5)-(6));
• keeping a record of its assessment where consent is granted that contravenes a development standard under cl 4.6(4);
• considering specified matters in determining particular types of development, for example intensive livestock agriculture (cl 5.18(3)), pond/tank aquaculture (cl 5.19(2)), eco‑tourist facilities (cl 5.13(3)) and riparian/wetland impacts (cl 7.6; cl 7.7).

Applicant duties: Applicants must:

• ensure development meets the classification for exempt/compliant development if relying on those tracks (cl 3.1-3.2);
• provide adequate environmental information (statement of environmental effects or EIS) when the Plan requires it, particularly for intensive activities (cl 5.18(3)(a));
• demonstrate compliance with specified operational and locational requirements such as the site location and operational requirements for pond/tank aquaculture in Schedule 6 and cl 5.19(2)(a);
• where seeking to contravene a development standard, demonstrate that compliance is unreasonable or unnecessary and provide sufficient environmental planning grounds (cl 4.6(3));
• comply with Building Code of Australia deemed‑to‑satisfy provisions for exempt/compliant development and provide fire safety certificates/statements in certain cases (cl 3.1(3)-(4));
• meet infrastructure availability or make satisfactory arrangements where development requires public utilities or occurs in urban release areas (cl 6.1-6.2; cl 7.9).

Rights preserved or limited by the Plan:

• Savings for pending applications: A DA lodged before the Plan’s commencement and not finally determined must be determined as if the Plan had not commenced (cl 1.8A).
• Suspension of private covenants: The Plan allows private covenants or agreements that would restrict development under the Plan to be suspended to the extent necessary to enable development consistent with the Plan, but excludes covenants imposed by the Council and certain other instruments (cl 1.9A(1)-(2)). It does not affect public authority rights under any registered instrument (cl 1.9A(3)).
• Heritage protections create rights for the public interest through the involvement of the Heritage Council and the ability of the consent authority to require conservation works as a condition of consent (cl 5.10(9)-(10)).

Discretion and record-keeping: The Plan grants the consent authority appreciable discretion (for example deciding whether a temporary use will prejudice future development (cl 2.8(3)(a)), and whether development is compatible with flood function (cl 5.21(2))). Where discretion permits departure from standards, the authority must keep a record of the assessment under cl 4.6(4).

Interaction with other statutory duties: The Plan repeatedly makes consent subject to other statutory approvals, for example approvals under the Local Government Act for on-site effluent systems when complying development is proposed on unsewered land (cl 3.2(3)(c)), and references other statutes in specifying conservation exclusions and consultation steps (see cl 1.9A and cl 5.10).

The Plan itself, as provided in the text, is primarily a land use instrument that determines consent triggers, permitted uses and development standards; it does not, within the reproduced text, set out criminal penalties or fixed monetary penalties. Enforcement mechanisms with legal effect therefore arise from the broader statutory framework under the Environmental Planning and Assessment Act and related legislation, to which the Plan is expressly subject (the Plan repeatedly states its operation "subject to the Act", see cl 1.6; cl 1.9).

Enforcement-related mechanisms embedded in the Plan include:

• the requirement that specified activities cannot be carried out without development consent (for example subdivision cl 2.6; demolition cl 2.7; works affecting heritage cl 5.10). These consent requirements create enforceable prerequisites under the Act for lawful development;
• the Plan imposes procedural requirements that the consent authority must follow before granting consent in specified cases, such as notices to the Heritage Council or Aboriginal communities (cl 5.10(7)-(9)), and consultation with Commonwealth bodies for airspace penetrations (cl 7.8(2)-(4)); failure to follow required consultative steps could affect the validity of a consent decision under the Act;
• cl 4.6(4) obliges the consent authority to keep a record of its assessment where a development standard is contravened and consent is granted; that record-keeping forms part of the administrative trail which would be relevant in any review or challenge to the consent decision.

The Plan also contains operational prohibitions that allow the consent authority to refuse consent (for example cl 5.21(2) on flood planning area consent) and prescriptive site or operational conditions that the authority can impose (for eco-tourist facilities cl 5.13(3)(a)-(k), for aquaculture Schedule 6).

What the Plan does not do in the text provided:

• set out specific penalty amounts, infringement notice schemes, or the Act’s enforcement powers such as stop-work directions, remediation orders or prosecution provisions. Those enforcement responses, to the extent available, flow from the Act and other referenced statutes rather than this Plan text.

Practical enforcement implication: compliance with the Plan is enforced through the development consent system, referral and notification requirements, conditional approvals, and the interaction with State and other statutory regimes. Applicants and landowners therefore face the administrative enforcement consequences (consent refusal, conditions of consent, or requirement for further assessment and management) rather than bespoke penalties in the Plan itself.

The Plan is explicitly framed as operating within, and subordinate to, the broader statutory and policy framework. It references multiple State environmental planning policies and specific Acts, and sets out how conflicts or overlaps are to be treated.

State environmental planning policies and the Act: Clause 1.9 states the Plan is subject to any State environmental planning policy that prevails over it under the Act, and that certain SEPPs or provisions may not apply to the land in question as specified in the Plan. The Plan also frequently refers to other SEPPs, for example the State SEPP on Exempt and Complying Development Codes for exempt/complying works (cl 3.1 notes; cl 3.2 note). As a result, SEPPs with state-wide application continue to be relevant unless explicitly disapplied by the Plan.

Cross-references to other Acts and instruments: The Plan incorporates and defers to requirements or definitions in other statutes in numerous places:

• heritage and archaeological controls refer to the Heritage Act 1977 and the Heritage Council processes (cl 5.10);
• land classification and trusts are managed in the context of the Local Government Act 1993 and Governor approvals where required (cl 5.2 and notes);
• suspension of covenants names the Crown Land Management Act 2016, National Parks and Wildlife Act 1974, Native Vegetation Act 2003, Threatened Species Conservation Act 1995 and the planning agreement provisions of the Act as registered instruments excluded from suspension under cl 1.9A(2) (cl 1.9A);
• aquaculture controls and definitions reference the Fisheries Management Act 1994, the Fisheries Management (Aquaculture) Regulation 2017 and the NSW Oyster Industry Sustainable Aquaculture Strategy (cl 5.19; Schedule 6);
• complying development conditions and the Building Code of Australia are tied together in cl 3.1-3.2; a complying development certificate must also satisfy local government on-site effluent approvals under the Local Government Act where relevant (cl 3.2(3)(c));
• fire alarm conversions reference Fire and Rescue NSW arrangements and private service providers (cl 5.8);
• bush fire hazard reduction is referenced as authorised by the Rural Fires Act 1997 (cl 5.11).

Maps and technical standards: Clause 1.7 requires maps adopted by the Plan to be approved by the local plan-making authority and kept available for public access, and the Plan refers to standard technical requirements documents and GIS standards maintained by the Department of Planning and Environment. This situates the Plan in the State’s mapping and GIS policy framework and subjects local mapping to State-prescribed technical standards.

Interaction points creating conditionality:

• the Plan permits suspension of private covenants to the extent necessary to permit development under the Plan, but excludes certain public or conservation instruments; the clause was approved by the Governor before making (cl 1.9A(1)-(4));
• the exceptions-to-standards mechanism (cl 4.6) operates within the procedural regime under the Act and the Environmental Planning and Assessment Regulation which requires that a DA proposing to contravene a standard be accompanied by a document setting out the grounds;
• in heritage contexts the Plan requires notice to and consideration of responses from the Heritage Council or Aboriginal communities, so decisions under this Plan interact procedurally with separate statutory actors (cl 5.10(7)-(9));
• urban release area provisions cross‑refer to Director-General certifications and State infrastructure funding and sequencing arrangements (cl 6.1).

What proponents must therefore do: comply with the Plan’s expressed local standards and triggers, observe the cross-statutory requirements identified, secure any separate licences or approvals required under other Acts (Schedule 2 Note 2), and follow the processes the Plan sets for consultation and certification where State or Commonwealth actors are involved.

The Plan document as provided contains in-line amendment annotations and repeal notes indicating a sequence of changes to specific clauses over time. The amendments recorded in the text itself include the following items (this is a summary of amendment annotations shown in the reproduced Plan; it is not a comprehensive legislative history beyond those annotations):

• Clause 1.8A (Savings provision relating to development applications) was amended and is annotated "cl 1.8A: Am 2019 (621), Sch 5[1]." The clause preserves the position of DAs made before the Plan’s commencement.
• Clause 1.9A (Suspension of covenants, agreements and instruments) carries the note "cl 1.9A: Am 2019 (621), Sch 5[2]-[4]" and states the Governor approved subclauses (1)-(3) before making the clause (cl 1.9A(4)).
• The list of land use zones under cl 2.1 shows the annotation "cl 2.1: Am 2022 (832), Sch 1.3[1]" indicating a 2022 amendment adjusted the zone list.
• The Land Use Table records multiple amendment notations at its foot, for example "Am 2016 (168), Sch 1[2]; 2017 (493), Sch 1.1[1]; 2019 (137), Sch 6[1]; 2022 (314), Sch 1; 2022 (832), Sch 1.3[2]; 2023 (458), Sch 2.10." These indicate iterative updates to the Land Use Table across multiple years.
• Clause 4.1AA (Minimum subdivision lot size for community title schemes) reflects interaction with the Community Land Development Act 2021 and cross-references that Act (cl 4.1AA).
• Clause 4.6 records repealed subclauses and includes specific prohibitions and notes; it indicates some prior provisions have been repealed.
• Clause 6.1 (Arrangements for designated State public infrastructure) has amendment annotations "cl 6.1: Am 2019 (621), Sch 5[5]; 2023 (554), Sch 1."
• Clause 5.4 (Controls relating to miscellaneous permissible uses) shows a 2018 amendment note "cl 5.4: Am 2018 (406), Sch 1.16[1][2]."
• Clause 7.2 is marked as repealed "cl 7.2: Rep 2021 (225), Sch 1."
• Clause 7.3 (Stormwater management) is annotated "cl 7.3: Am 2022 (832), Sch 1.3[3]."
• Clauses 5.24 (Farm stay accommodation) and 5.25 (Farm gate premises) show 2023 amendment annotations "cl 5.24: 2023 (458), Sch 1[4]" and "cl 5.25: 2023 (458), Sch 1[4]" respectively.

Where the Plan states "When this Plan was made..." for particular clauses (for example noting certain zones did not originally exist), that language signals the Plan has been updated in response to State zoning changes and legislative developments.

Users seeking a definitive amendment and chronological history should consult the consolidated version of the Plan on the NSW legislation or Planning Portal, which will display the sequential amendments and the amending instruments cited in the annotations (for example the schedules and Statute Numbers shown in the notes).

The Plan text as provided does not record or cite any judicial or tribunal decisions. It contains no references to case law, decisions of the Land and Environment Court, the Land and Environment Court’s judgments, or any review outcomes. The instrument therefore does not include an internal litigation history or decisions interpreting its provisions.

If a practitioner needs to locate case law concerning the Plan or its clauses, they must search judicial and tribunal databases (for example Land and Environment Court decisions and other administrative review decisions) and the consolidated legislative history for cases where the Plan has been directly challenged or applied. The Plan itself provides statutory content, referral and procedural steps, and the appropriate grounds for deference or challenge would be those available under the Act and judicial review principles, but the Plan’s text contains no litigation listings.

Map and spatial dependence: Many operative matters are map-driven. Zoning, Lot Size Map minima, Terrestrial Biodiversity Map, Groundwater Vulnerability Map, Watercourse Map, Wetlands Map and the Heritage Map determine where clauses apply (cl 1.7; cl 2.2; cl 7.4-7.7; cl 5.10). Practitioners must not rely on textual descriptions alone; an accurate, up-to-date view of the maps on the Planning Portal is essential. Map updates are administratively possible under cl 1.7, so a proposal’s applicability can change over time.

Savings for pre-commencement DAs: A development application lodged before the Plan’s commencement and not finally determined must be determined under the prior instrument (cl 1.8A). This can create concurrent regulatory regimes in transition periods and traps for purchasers or lenders who assume the current Plan applies.

Suspension of covenants: Clause 1.9A suspends private agreements, covenants or similar instruments to the extent necessary to enable development under the Plan, but it expressly excludes covenants imposed or required by the Council and several conservation and Crown instruments (cl 1.9A(2)). It also does not affect public authority rights in registered instruments (cl 1.9A(3)). The practical effect is that privately held restrictions may be neutralised for development consistent with the Plan, but because there are exclusions and because registered public interests are preserved, purchasers should check Title and registered instruments carefully and not assume covenants are automatically in force or automatically removable.

Limits on flexibility and standards excluded from exceptions: Clause 4.6 allows departures from development standards only where the applicant demonstrates compliance is unreasonable or unnecessary and there are sufficient environmental planning grounds (cl 4.6(3)). However, cl 4.6(8) expressly excludes certain standards from this flexibility, for example development standards for complying development and standards connected to BASIX commitments and certain clauses (cl 4.6(8)). Practitioners cannot rely on cl 4.6 to vary all standards.

Heritage consultation timing: Where development affects archaeological sites (not on State Heritage Register) or Aboriginal places, the consent authority must notify the Heritage Council or local Aboriginal communities and consider responses within 28 days (cl 5.10(7)-(8)). Failure to allow or undertake that process may affect the validity of consent. The Plan also allows the consent authority to require heritage management plans before granting consent (cl 5.10(5)-(6)) , these can delay approvals and impose development conditions.

Aquaculture and intensive livestock thresholds and locational constraints: Clauses 5.18 and 5.19 and Schedule 6 contain specific capacity thresholds, buffer distances and operational prohibitions (e.g., no freshwater discharge to natural waterbodies for intensive pond/tank aquaculture except for open flow-through systems, Schedule 6 Part 1 Div 2 cl 4). Some forms of intensive livestock agriculture below specified capacities may proceed without consent provided locational exclusions are satisfied (cl 5.18(4)-(5)). Practitioners must check both capacity thresholds and location criteria carefully since small changes in scale or proximity to sensitive receptors can flip a proposal from exempt to requiring consent.

Music and entertainment protections with noise caveat: Clause 5.20 prevents councils from refusing consent for licensed premises for a list of artistic or entertainment-related reasons (genre, live or amplified, whether dancing occurs, etc.), but it remains lawful to refuse on grounds of noise that cannot be managed and minimised to an acceptable level (cl 5.20(1)-(2)). Applicants should plan noise management strategies rather than rely on clause 5.20 as an absolute protection.

Subdivision and secondary dwellings: Clause 2.6(2) prohibits granting consent for subdivision that would separate a principal and secondary dwelling unless minimum lot sizes shown on the Lot Size Map are maintained. The definition of secondary dwelling is in the Dictionary (not reproduced) but the Plan notes a secondary dwelling must be on the same lot as the principal dwelling. Subdivisions that create separate entitlements for secondary dwellings can therefore be barred.

Urban release area sequencing: For urban release areas, cl 6.1 prevents subdivision that would reduce minimum lot sizes unless the Director-General certifies satisfactory arrangements for designated State public infrastructure. This certification requirement places a significant precondition on creating smaller lots in release areas and may delay or condition subdivision activity.

Environmental and flood planning expectations: Clauses on flood planning (cl 5.21), riparian land and watercourses (cl 7.6), wetlands (cl 7.7), groundwater (cl 7.5) and terrestrial biodiversity (cl 7.4) create substantive assessment hurdles. For developments in mapped sensitive areas the Plan requires the consent authority to be satisfied of avoidance, minimisation or mitigation (each clause’s final subclause). Proponents must prepare sufficient technical evidence to show compliance and also address cumulative impacts where required (for example cl 7.5(3)(b)).

Public land classification and trust discharges: Clause 5.2 and Schedule 4 reclassify particular public land as operational or community land and note that reclassification may discharge or continue trusts (cl 5.2(4)-(5)). The Plan indicates Governor approval is required in some cases when a public reserve is to be discharged from trusts (cl 5.2 note). Practitioners must check Schedule 4 entries and any specified reservations or continuing trusts in Column 3.

Complying and exempt schedules may be blank or rely on State SEPPs: At the time the Plan was made Schedule 2 and Schedule 3 were blank and the Plan notes the State SEPP on Exempt and Complying Development Codes has state‑wide application (Schedule 2 note; Schedule 3 note). Relying on an apparent absence of local exempt items could be misleading; state instruments and later local amendments may create exempt/compliant pathways.

Record-keeping and process vulnerability on exceptions: If relying on cl 4.6 to depart from standards, the applicant must produce the required grounds (and the Regulation requires a supporting document) and the consent authority must keep a record (cl 4.6(3)-(4)). Administrative errors in preparing, lodging, or recording these materials can be grounds for challenge.

This section is a practical checklist and process guide built strictly from the Plan’s provisions. It assumes a proponent is considering a development proposal in the Bogan area.

1. Establish applicable zoning and maps

   • Confirm the parcel’s zoning on the Land Zoning Map and the Land Application Map (cl 1.3; cl 2.2).
   • Check the Lot Size Map for minimum lot size requirements that will affect subdivision or dwelling entitlements (cl 4.1).
   • Check mapped overlays for Terrestrial Biodiversity, Groundwater Vulnerability, Watercourses, Wetlands, Heritage and any urban release area designations (cl 1.7; cl 7.4-7.7; cl 5.10; Part 6). These maps dictate whether particular clauses and preconditions apply.

2. Determine the development pathway

   • Use the Land Use Table (cl 2.3 and Land Use Table) to determine whether the proposed use is permitted without consent, permitted only with consent, or prohibited in the zone.
   • If relying on exempt or complying development, check Schedule 2 and Schedule 3 and the State SEPPs referenced (cl 3.1-3.2; Schedule 2 note). Confirm the development meets Building Code of Australia deemed‑to‑satisfy provisions and any fire safety or Local Government Act requirements for on‑site effluent systems (cl 3.1(3)-(4); cl 3.2(3)(c)).

3. Pre-lodgement with the Council

   • Schedule a pre-lodgement meeting with the Council to confirm which maps and clauses apply and whether the proposal triggers special assessments (heritage, flood, biodiversity, aquaculture, intensive livestock, airspace referrals).
   • If the proposal is in an urban release area, confirm whether Director-General certification will be required to create lots smaller than pre-release minima (cl 6.1).
   • For proposals that may penetrate airport airspace surfaces, confirm whether the relevant Commonwealth body must be consulted (cl 7.8).

4. Prepare the technical and statutory material

   • Prepare a statement of environmental effects or an environmental impact statement where the Plan or the Act requires it, particularly for intensive livestock development (cl 5.18(3)(a)) and other designated development.
   • If the development affects a heritage item, Aboriginal object or archaeological site, prepare a heritage management document or heritage impact statement and be prepared for the consent authority to require a conservation management plan (cl 5.10(4)-(6)).
   • For aquaculture and intensive livestock proposals, prepare operational plans consistent with the aquaculture industry development plan and meet the minimum site location and operational requirements set out in Schedule 6 (cl 5.19(2); Schedule 6).
   • For proposals within the flood planning area prepare flood risk assessments addressing compatibility with flood function, evacuation and impacts on flood behaviour and cumulative effects including climate change considerations (cl 5.21(2)-(3)).

5. Address approvals under other Acts

   • Identify and obtain any licences, permits or approvals required under other Acts referenced in the Plan (for example fisheries licences, Crown land licences, or approvals required by the Local Government Act for effluent disposal) because exempt development under this Plan is not exempt from other statutory approvals (Schedule 2 note).
   • Where covenants or registered instruments exist on Title, review cl 1.9A and the exclusions listed there to determine whether a covenant can be suspended for the proposed development and whether any public authority rights remain (cl 1.9A).

6. Noise and entertainment planning

   • If the proposal is for licensed premises with live or amplified music, prepare noise management strategies demonstrating that noise can be managed and minimised to an acceptable level; the consent authority cannot refuse solely on the entertainment features listed in cl 5.20(1) but can refuse where noise cannot be adequately managed (cl 5.20(2)).

7. If proposing to contravene a development standard

   • Prepare a written justification that compliance is unreasonable or unnecessary and provide sufficient environmental planning grounds as required by cl 4.6(3). The Environmental Planning and Assessment Regulation requires a document accompanying the DA for contraventions (note to cl 4.6).
   • Be prepared for the consent authority to keep a formal record of its assessment (cl 4.6(4)).

8. Specific operational controls to build into plans and conditions

   • For eco-tourist facilities, include a management strategy that addresses the matters in cl 5.13(3)(a)-(k) (heritage, environmental outcomes, visual impacts, renewable energy where possible and monitoring systems).
   • For pond-based and tank-based aquaculture ensure ponds can be drained and dried where required, screen outlets to avoid escapes, and avoid discharges to natural waterbodies except where explicitly allowed (Schedule 6 Div 2 cl 3-5).
   • For intensive livestock agriculture check capacity thresholds and location buffers in cl 5.18(4)-(5) that may allow non-consented operation if all criteria are met.

9. Heritage and Aboriginal consultation steps

   • Where the proposal triggers notification to the Heritage Council or to local Aboriginal communities under cl 5.10(7)-(9), allow for the 28‑day period and embed the responses into the proposal or provide supplementary reports responding to concerns.

10. Infrastructure and services

    • Demonstrate that essential services are available or that adequate arrangements are in place as required by cl 7.9. For urban release areas, secure the necessary DCP and infrastructure staging and certification before subdivision or intensive development proceeds (cl 6.2-6.3).

11. Administrative and documentary compliance

    • Ensure compliance with Building Code of Australia provisions for exempt/compliant development, and supply any fire safety certificates or statements required (cl 3.1(3)-(4)).
    • Keep administrative records that will survive any review, specifically where standards are contravened (cl 4.6(4)).
    • If proposing temporary land uses, ensure the proposal meets the duration limit (maximum 52 days in a 12 month period) and restoration obligations at the end of the temporary use unless the temporary use is a dwelling used as a sales office subject to the exception (cl 2.8(2), (4)-(5)).

12. Decision and post-decision compliance

    • If consent is granted, ensure conditions of consent, heritage conservation works, environmental management measures and monitoring obligations are implemented. The Plan includes clauses enabling the consent authority to attach conditions requiring conservation and management works for heritage items where consent facilitates conservation (cl 5.10(10)).

Practical notes

• Always check the Planning Portal for the authoritative consolidated Plan and for the current maps and Schedules. The Plan text notes technical standards for maps and that maps are to be kept on the NSW Planning Portal (cl 1.7).
• Where interplay with State SEPPs or other Acts is uncertain, obtain a formal pre-lodgement advice or legal opinion. The Plan is framed throughout as "subject to the Act" and to SEPPs (cl 1.6; cl 1.9), so State instruments may prevail.
• Where a proposal relies on a potential suspension of private covenants under cl 1.9A, document the necessary nexus between the covenant’s restriction and the Plan consent; check the specific exclusions in cl 1.9A(2) before assuming covenants are capable of suspension.

This checklist follows the Plan’s expressed requirements and procedural steps. For any proposal with environmental sensitivity, heritage implications, major infrastructure demands, or where contravention of standards is sought, early engagement with the Council and relevant State agencies recommended by the Plan will reduce the risk of refusal or procedural invalidity.