The Plan’s organising concepts are mandatory zoning, map-based spatial limitations, a mix of permitted-without-consent and permitted-with-consent land uses, standards for subdivision and local environmental objectives that tailor State model provisions to Bombala. Central operational concepts you will repeatedly consult are:

• Zones and Land Use Table: Land is assigned to zones on the Land Zoning Map and the Land Use Table sets what is permissible without consent, what requires consent and what is prohibited for each zone. The consent authority must have regard to the objectives for a zone when deciding a development application (cl 2.2; cl 2.3(1)-(2)).

• Maps as statutory instruments: Adopted maps are statutory references (cl 1.7). The Lot Size Map fixes minimum subdivision lot sizes (cl 4.1), the Heritage Map identifies heritage items (cl 5.10; Schedule 5), and environment mapping (Terrestrial Biodiversity Map; Riparian Lands and Watercourses Map) triggers local assessment requirements (cl 6.3; cl 6.4).

• Development consent regime and exceptions: Many activities require development consent , subdivision (cl 2.6), demolition (cl 2.7), development within heritage conservation areas (cl 5.10(2)), and conversion of critical systems (e.g. fire alarm conversions require consent, cl 5.8). Exempt and complying development pathways exist but are constrained by Schedule 2 and Schedule 3 and by exclusions for environmentally sensitive areas (cl 3.1-3.3).

• Local environmental controls layered on State policy: The Plan expressly acknowledges subordinate operation of State environmental planning policies (SEPPs) (cl 1.9(1)) and designates where particular SEPP provisions do not apply (cl 1.9(2)). Where the Plan is silent the SEPPs and the Act and its regulations continue to operate.

• Environmental protection trigger clauses: A number of clauses require the consent authority to assess specific environmental impacts and to refuse consent where impacts cannot be avoided, minimised or mitigated. For example, terrestrial biodiversity (cl 6.3) and riparian land protections (cl 6.4) require assessment of impacts and satisfaction that impacts are avoided, minimised or mitigated; flood planning provisions require compatibility with flood function and safe evacuation (cl 5.21; cl 5.22).

• Discretionary flexibility: Clause 4.6 allows the consent authority to grant consent that contravenes a development standard if the applicant demonstrates compliance would be unreasonable or unnecessary and there are sufficient environmental planning grounds. There are also targeted discretionary powers such as development near zone boundaries (cl 5.3) allowing uses permitted in an adjoining zone within 50 metres subject to tests.

• Specific local policy choices: The Plan evidences targeted policy choices: a blanket prohibition on canal estate development (cl 2.9), specific controls on secondary dwellings and dwelling erection in rural zones (cl 4.2A), protections for live music at licensed premises (cl 5.20), and detailed aquaculture and intensive livestock thresholds and location controls (cl 5.18; cl 5.19; Schedule 6).

These concepts are implemented by the Council as consent authority (cl 1.6) and constrained or informed by State instruments. The Plan relies heavily on maps and schedules for detailed application of principles to parcels of land.

Primary actors and stakeholders affected by the Plan, by clause or mechanism, are:

• Landowners and developers within Bombala local government area: Every landowner must check the Land Zoning Map and Lot Size Map to know permitted uses and minimum lot sizes (cl 1.3; cl 2.2; cl 4.1). Subdivision and erection of dwellings in certain rural zones are tightly constrained (cl 4.2A; cl 4.2). Those proposing development on mapped “Sensitive Area” land (Terrestrial Biodiversity Map; Riparian Lands and Watercourses Map) will face heightened assessment requirements and potential refusals unless impacts are avoided, minimised or mitigated (cl 6.3; cl 6.4).

• Council as consent authority and land manager: The Council is the statutory decision-maker for development applications under the Plan (cl 1.6). The Council also obtains powers to classify public land as operational or community land (cl 5.2; Schedule 4) and acts as the relevant acquisition authority for some mapped land categories (cl 5.1).

• Businesses and commercial operators: Businesses must verify whether their activities are permitted in the relevant zone, whether they require development consent, and whether floor‑area or other quantitative limits apply (for example, neighbourhood shop maximum floor area 125 m2, industrial retail floorspace caps, cl 5.4). Licensed premises have specific protections against refusal on the grounds of music genres or other described features (cl 5.20).

• Agriculture, forestry, aquaculture and intensive livestock operators: Primary producers and aquaculture operators are affected by substantive rules: intensive livestock agriculture is subject to environmental assessment and specified capacity thresholds under which consent is not required but location constraints apply (cl 5.18). Pond-based and tank-based aquaculture have site location and operational minimums in Schedule 6 and, in some mapped priority oyster aquaculture areas, development may proceed without consent under particular conditions (cl 5.19, Schedule 6).

• Heritage stakeholders and Aboriginal communities: Schedule 5 lists heritage items (cl 5.10). Any demolition, alteration, excavation or development affecting listed heritage items, heritage areas, Aboriginal objects or places of heritage significance triggers consent requirements and potential notification to the Heritage Council and local Aboriginal communities (cl 5.10(2), (7)-(9)).

• Public authorities and utilities: The Plan explicitly preserves the ability of public authorities to carry out State-authorised infrastructure development under State SEPP (Transport and Infrastructure) and does not limit Crown use of existing buildings (cl 5.12). It also identifies the State authority that would acquire certain land under owner-initiated acquisition provisions (cl 5.1).

• Neighbouring land users and the community: The Plan creates amenity and environmental constraints that will affect adjoining properties through measures such as temporary use limits (cl 2.8), development near zone boundary flexibility (cl 5.3), and riparian/biodiversity protections (cl 6.3; cl 6.4). The Plan’s restrictions on certain land uses in residential zones (extensive lists of prohibited uses in cl 2 Land Use Table entries for residential zones) are directly relevant to community amenity.

Costs and burdens fall primarily on applicants and landowners: the need for development consents, preparing statements of environmental effects or environmental impact statements where designated, potential heritage or biodiversity assessments and heritage management documents (cl 5.10(5)-(6)), compliance with minimum lot sizes (cl 4.1), and consents for utility conversions or fire alarm conversions (cl 5.8). The Council bears administrative burden as consent authority; State agencies may bear costs when acquiring or maintaining mapped public land uses (cl 5.1-5.2).

This Plan assigns a mixture of duties on the consent authority (Council) and obligations on applicants and landowners, and also creates rights (or protections) for certain classes of activity.

Duties of the consent authority (Council)

• Determine applications in accordance with the Plan and have regard to zone objectives when exercising consent powers (cl 2.3(2); cl 1.6).
• Keep a record of assessments made under cl 4.6 when considering contraventions of development standards (cl 4.6(4)).
• Assess and refuse consent where environmental protections require avoidance of significant adverse impacts (e.g. terrestrial biodiversity cl 6.3(4); riparian lands cl 6.4(4); flood planning cl 5.21(2)).
• Where development affects archaeological sites, notify the Heritage Council and consider its response (cl 5.10(7)); where development affects Aboriginal heritage, notify local Aboriginal communities and take responses into account (cl 5.10(8)).
• Apply special tests where development is near zone boundaries (cl 5.3(4)) or where eco‑tourist facilities are proposed (cl 5.13(3) requires the consent authority to be satisfied on a list of environmental and design criteria).

Obligations of applicants and landowners

• Determine whether a proposed use is permitted with or without consent in the relevant zone (Land Use Table,Part 2; cl 2.3(1); cl 2.2).
• Obtain development consent where required,subdivision (cl 2.6(1)), demolition (cl 2.7), and many development types across zones.
• For proposed contraventions of development standards, supply the document required by the EP&A Regulation demonstrating why compliance is unreasonable or unnecessary (cl 4.6(3) and accompanying note).
• Provide heritage management documents or conservation management plans if required (cl 5.10(5)-(6)).
• For intensive livestock or aquaculture uses, provide adequate statements of environmental effects and ensure site selection and operational requirements comply with Schedule 6 and cl 5.18(3)-(5).
• For exempt or complying development, ensure the development meets the schedule standards and is not in an environmentally sensitive area (cl 3.1-3.3).

Rights and protections

• Applicants benefit from the possibility of exempt or complying development where Schedule 2 or Schedule 3 applies, subject to the instrument’s qualifications (cl 3.1-3.2).
• Licensed premises have a statutory protection against refusal on a set of grounds related to music and performance, and the Council must not refuse on those grounds provided noise can be managed and minimised to an acceptable level (cl 5.20(1)-(2)).
• Landowners have a transitional protection for existing development applications lodged before commencement (cl 1.8A), which must be determined as if the Plan had not commenced.

Special procedural or documentary duties

• The consent authority may require a heritage management document or conservation management plan before granting consent (cl 5.10(5)-(6)).
• For developments proposing to contravene standards, the EP&A Regulation requires a supporting document to accompany the application (cl 4.6 note).

Exceptions, overrides and exclusions

• The Plan is subject to State environmental planning policies that prevail where applicable (cl 1.9(1)).
• Clause 1.9A suspends restrictive covenants and similar instruments to the extent necessary to enable development under the Plan, but excludes covenants imposed by Council, Crown Land instruments, conservation agreements, biobanking agreements and planning agreements (cl 1.9A(1)-(2)) and preserves rights of public authorities under registered instruments (cl 1.9A(3)).

These duties and rights create a structured decision-making regime where Council exercises discretion against the Plan’s zone objectives and environmental protections, and applicants must provide evidence and documentation to meet consent tests.

The Plan itself is an environmental planning instrument that prescribes what uses are permitted, which require consent, and which are prohibited. It does not itself set criminal penalties; enforcement occurs through the mechanisms and sanctions provided by the Environmental Planning and Assessment Act, its regulations and other relevant statutes. Within the Plan text you should note:

• Prohibition and consent-based controls: Several activities are expressly prohibited in specific zones (Land Use Table entries). Carrying out prohibited development or development requiring consent without consent creates an unauthorised development scenario under the Act and flows into enforcement under the Act (see cl 2.3 and zone tables).

• Development compliance and certifying pathways: Exempt and complying development pathways are available only where the standards and conditions in the Plan’s schedules and State policies are met (cl 3.1-3.2). Non-compliance with conditions of a complying development certificate or development consent will engage enforcement under the Act and associated regulations.

• Heritage and archaeological protections: Clauses dealing with heritage (cl 5.10) and archaeological disturbance impose procedural duties (notifications to Heritage Council; requirement to secure consent for disturbance). Unauthorised disturbance of Aboriginal objects or relics may engage other statutes such as the National Parks and Wildlife Act; the Plan expressly notes section 86 of that Act addresses harming Aboriginal objects (cl 6.1 note).

• Public authority powers preserved: Clause 1.9A(3) preserves rights of public authorities under registered instruments, which may affect enforcement actions where public authorities have registered interests.

• Administrative enforcement: The Council, as consent authority, enforces the Plan by refusing or granting consent, imposing conditions, requiring heritage management documents and applying planning controls in approvals. The Plan signals the Council’s obligations but the detailed enforcement remedies (infringement notices, orders to remedy or restore, prosecutions, injunctions, orders under the Act) are contained in the EP&A Act and related regulations rather than in this local Plan.

• Specific operational compliance conditions: Some complying development certificates are subject to time, noise or hours conditions,for instance, conversions of fire alarm monitoring systems as complying development are subject to restricted hours for building work (cl 5.8(4)). Non‑adherence to such conditions would be a compliance breach.

This instrument therefore sets the framework for what constitutes authorised versus unauthorised development and the procedural tests for consent. Actual penalties, infringement regimes and powers to remedy or punish non-compliance are implemented under the Environmental Planning and Assessment Act 1979, the Local Government Act and other enabling laws; they are not spelled out in the Plan itself.

The Plan operates within the hierarchy of NSW planning law and interacts explicitly with a number of State Acts and SEPPs named in the instrument. The key interaction principles and specific cross-references in the Plan are:

• Subordination to SEPPs and the Act: The Plan is subject to State environmental planning policies that prevail over it as provided by section 3.28 of the Environmental Planning and Assessment Act (cl 1.9(1)). The Plan also repeatedly cross‑refers to duties and definitions in the EP&A Act and its regulations, for example in relation to exempt/compliant development, designation, and the requirements when development contravenes a development standard (cl 3.1; cl 3.2; cl 4.6).

• Cross-referenced State SEPPs and guidance: The instrument names relevant SEPPs that may apply (note under the Land Use Table and elsewhere), for example State Environmental Planning Policy (Transport and Infrastructure) 2021 (re infrastructure, cl 5.12), State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (SEPP Codes) (see cl 3.1 note and Schedules 2-3 notes), State Environmental Planning Policy (Biodiversity and Conservation) 2021 (cl 3.1 note), and BASIX requirements (cl 4.6(8)(b) referencing BASIX commitments and the regulations).

• Interaction with heritage and conservation legislation: The Plan coordinates with the Heritage Act 1977 by adopting consent and notification steps for State and local heritage items and conservation areas (cl 5.10). It also cross-references the National Parks and Wildlife Act for Aboriginal heritage and for land reserved under that Act (cl 1.9A exclusions, cl 5.10 objectives and notes).

• Crown land and public authorities: Clause 1.9A clarifies the limited suspension of covenants does not apply to “relevant instrument” as defined in the Crown Land Management Act 2016. Clause 5.12 confirms the Plan does not restrict infrastructure development that is permissible under SEPP (Transport and Infrastructure) and preserves Crown use of existing buildings.

• Natural resources, biodiversity and fisheries law: Aquaculture provisions cross‑refer to the Fisheries Management Act and to aquaculture industry development plans (cl 5.19). The Plan excludes environmentally sensitive areas as defined in other State instruments (cl 3.3 and cl 5.18(7)).

• Local government and public land: The Plan references the Local Government Act 1993 for classification and reclassification of public land (cl 5.2) and includes Schedule 4 listings that, once inserted, trigger classification consequences under that Act.

• Land acquisition law: The Plan identifies relevant acquisition authorities for mapped land for the owner‑initiated acquisition provisions of the Land Acquisition (Just Terms Compensation) Act 1991 (cl 5.1) and notes the procedural interplay with that statute.

• Building Code, BASIX and other statutory standards: Exempt development must meet the Building Code of Australia (cl 3.1(3)(a)-(b)), and cl 4.6 expressly disallows contraventions of development standards that are part of the BASIX commitment regime in the regulations.

In short, the Plan is a local layer that refers to and is constrained by State planning policy, other Acts relating to heritage, fisheries and Crown land, the Building Code and statutory environmental guidelines. Users must read the Plan in conjunction with the EP&A Act, relevant SEPPs, the Building Code and the other Acts cited in the Plan (Heritage Act, Fisheries Management Act, Crown Land Management Act, Local Government Act etc.) to identify all legal obligations.

The Plan text contains embedded amendment notations indicating post‑making changes to particular clauses. The instrument itself provides the following amendment signals (non-exhaustive list, quoting clause notes present in the text):

• Clause 1.8A (Savings provision relating to development applications) is noted as amended: Am 2019 (621), Sch 5[1]; 2023 (609), Sch 1.1[1] (cl 1.8A).

• Clause 1.9A (Suspension of covenants, agreements and instruments) records amendment in 2019: Am 2019 (621), Sch 5[2]-[4] (cl 1.9A).

• Clause 2.1 (Land use zones) shows an amendment: Am 2022 (830), Sch 1.4[1] (cl 2.1).

• The Land Use Table and its notes include amendment notations across several years: Am 2016 (168), Sch 1[2][5]; 2017 (493), Sch 1.1[1]; 2018 (488), Sch 1.1[1]; 2022 (314), Sch 1; 2022 (830), Sch 1.4[2] (land use table amendment note).

• Clause 4.6 (Exceptions to development standards) is noted as amended: Am 2022 (830), Sch 1.4[4] (cl 4.6).

• Clause 4.2A (Erection of dwelling houses on land in certain rural and residential zones) records a 2022 amendment: Am 2022 (830), Sch 1.4[3] (cl 4.2A).

• Clause 5.3 (Development near zone boundaries) records amendment: Am 2022 (830), Sch 1.4[4] (cl 5.3).

• Clause 5.8 (Conversion of fire alarms) contains a note referencing clause 5.8(3) as complying development in certain circumstances; cl 5.8 has notational context but no amendment footnote shown in the extract.

• Clause 5.22 (Special flood considerations) is expressly substituted in 2023: Subst 2023 (609), Sch 1.3 (cl 5.22).

• Clause 6.2 is repealed: Rep 2021 (225), Sch 1 (cl 6.2).

Many clauses are annotated as “[Not adopted]” or “[Not applicable]” (for example cl 4.3 Height of buildings; cl 4.4 Floor space ratio; cl 4.5 Calculation of FSR; cl 5.5 Controls relating to secondary dwellings on land in a rural zone; cl 5.6 Architectural roof features; cl 5.7 Development below mean high water mark; cl 5.9 Dwelling house or secondary dwelling affected by natural disaster; cl 5.9AA Repealed; cl 5.14 Siding Spring Observatory; cl 5.15 Defence communications facility; cl 5.17 Artificial waterbodies; cl 5.23 Public bushland; cl 5.24 Farm stay accommodation; cl 5.25 Farm gate premises). These “not adopted” markers indicate model clauses that were available for local LEPs but were not taken up in this Plan.

Schedules and maps are amended or updated by instruments listed in the Plan’s amendment notes and by environmental planning instruments that alter or replace adopted maps as provided in cl 1.7. The Plan text includes the dates and instrument numbers for individual clause amendments; practitioners should consult the NSW legislation website or the Planning Portal to obtain the consolidated and latest version and the full amendment instrument history. The instrument also records earlier local plans repealed by this Plan, notably Bombala Local Environmental Plan 1990 as an example in cl 1.8(1) note.

The Plan text itself does not record any litigation decisions or judicial interpretations. It contains no references to court cases or tribunal determinations. Where the instrument names other statutory instruments or bodies (for example, references to the Heritage Council or the Department of Primary Industries), it does not record any adjudicative history or litigation about the Plan’s provisions.

Implication for legal practice: because the instrument contains statutory standards, discretionary tests and cross-references to State policy, its application and the exercise of discretion by the Council may have been the subject of administrative review or litigation. However, the Plan extract provided lists no cases and does not summarise any judicial review, merits review or appeal outcomes. To form a litigation-position or to advise on precedents that affect interpretation of local clauses (for example, how the exception to development standards in cl 4.6 is applied in practice, or how the heritage tests in cl 5.10 have been judicially construed), practitioners must search court and tribunal databases (Land and Environment Court judgments, NSW Court of Appeal) and review any administrative appeals to the Court or to any tribunal and relevant appeal decisions involving this Plan or its predecessors.

Caveat: The absence of litigation references in the instrument is not evidence that no decisions exist. It is evidence only that the instrument’s text does not summarise or record case law. For legal advice in contested matters, search case law and administrative decisions dealing with the Plan’s clauses and with State policy provisions that interact with it.

Several traps and frequently overlooked interactions arise from the Plan text that materially affect risk and compliance costs. Points to watch:

• Maps trump general text; check all maps: The operative permissions and constraints are map‑driven (cl 1.7; cl 1.3; cl 2.2). A use that appears permissible in the Land Use Table may be prevented or constrained by a Lot Size Map, the Terrestrial Biodiversity Map, the Riparian Lands and Watercourses Map or by a heritage notation. Always check the full set of adopted maps; maps may be amended by separate instruments (cl 1.7(1)(b)).

• Exempt development is not free of other approvals: Schedule 2 exempt development may remove the need for development consent but does not remove other statutory approvals such as licences under fisheries, heritage, native vegetation or Crown land laws (Schedule 2 Note 2; cl 3.1(5) and cl 3.3). Exempt development is also excluded from environmentally sensitive areas (cl 3.3).

• Environmentally sensitive area exclusions are broad and include river setbacks specific to Bombala: Exempt/compliant development is forbidden on specified environmentally sensitive areas, and the Plan adds local exclusions for land within 100 metres (erection of buildings) or 50 metres (other development) of the top of the bank of the Bombala, Delegate and Coolumbooka Rivers (cl 3.3(2A)). Practitioners must not assume small works are automatically exempt near these waterways.

• Suspended covenants but with important exceptions: Clause 1.9A suspends private covenants and similar instruments where necessary to enable development under the Plan, but it explicitly excludes covenants the Council imposed or requires (1.9A(2)(a)), Crown land management instruments (1.9A(2)(b)), conservation agreements and biobanking (1.9A(2)(c)-(f)), and planning agreements (1.9A(2)(g)). It also preserves public authority rights under registered instruments (1.9A(3)). Do not assume private encumbrances are freely displaced; check the exceptions list.

• Minimum lot size and subdivision exceptions: Clause 4.1 fixes minimum lot sizes on the Lot Size Map and applies to subdivision requiring consent. Clause 4.6 places limits on the use of the “exceptions to development standards” power for subdivisions in rural and certain conservation zones, prohibiting consent where two or more lots would be below the minimum or where any resulting lot would be below 90% of the minimum (cl 4.6(6)). Subdividers cannot easily use the cl 4.6 flexibility to create multiple undersized lots in those zones.

• Restrictions on dwelling erection in rural zones: Clause 4.2A forbids grant of consent for erection of a dwelling on land in certain rural/residential zones unless the lot meets listed historical or size criteria. “Existing holding” is narrowly defined by date and ownership pattern. This can block new rural residential development unless specific facts are met (cl 4.2A).

• Flood and special flood considerations add layered tests: Flood planning (cl 5.21) and special flood considerations (cl 5.22) impose multi-part tests on compatibility with flood behaviour, safe evacuation and risk to life. These refer to State technical guidelines (Considering Flooding in Land Use Planning Guideline; Flood Risk Management Manual) and require the consent authority to consider climate-change projections and evacuation capacity. Expect substantial technical evidence requirements where land lies within flood planning areas.

• Heritage obligations can require pre-lodgement processes: For development affecting heritage items or areas, the Council may require heritage management documents or conservation management plans and may need to notify the Heritage Council or local Aboriginal communities (cl 5.10(3)-(9)). Failure to engage earlier can delay applications.

• Aquaculture and intensive livestock have threshold and location traps: Intensive livestock agriculture has specified “threshold” capacities below which development may be carried out without consent but with strict locational exclusions (cl 5.18(4)-(5)). Pond/tank aquaculture has operational and species limits in Schedule 6, and some activities are only permitted without consent inside mapped priority oyster aquaculture areas if they meet size constraints (cl 5.19(6)).

• Live music protection is conditional: Clause 5.20 prevents refusal on enumerated grounds related to music and performance, but the protection is conditional on the consent authority being satisfied that noise may be managed and minimised to an acceptable level (cl 5.20(2)). Noise management evidence will still be required.

• Temporary use limited scope: Temporary uses are limited to a maximum 52 days in any 12 months unless the use is a dwelling used as a sales office for a new release, which is excepted (cl 2.8). Don’t assume community events can use temporary use approvals for prolonged periods.

• “Not adopted” clauses represent absent local controls: Several model clauses are expressly “Not adopted” or “Not applicable” in this Plan (e.g. controls on architectural roof features, certain dwelling rules). Practitioners should not assume those model protections or constraints are present locally.

• Transition and savings obligation: Development applications lodged but not finally determined before commencement must be determined as if the Plan had not commenced (cl 1.8A(1)). This can create a mapping of legal regimes for pending applications; check whether an application was “finally determined” before the Plan commenced.

A practical compliance checklist, mapped to the Plan’s operative clauses and schedules, for applicants, landowners and advisers:

1. Confirm the applicable Plan and consolidated version: Obtain the latest consolidated Bombala LEP 2012 from the NSW legislation website and the NSW Planning Portal. The Plan’s maps are statutory parts of the instrument (cl 1.7). Confirm any post‑Plan amending instruments noted in clause footnotes.

2. Identify the parcel and zoning: Use the Land Zoning Map and Land Application Map to determine the zone (cl 2.2; cl 1.3). Check Lot Size Map for minimum lot size constraints for subdivision (cl 4.1).

3. Check permitted uses and need for consent: Consult the Land Use Table and the zone-specific entries to see whether the intended development is permitted without consent, permitted with consent, or prohibited (cl 2.3; Land Use Table entries). If the use is not listed, it will generally be prohibited.

4. Determine if exempt or complying development applies: Review Schedule 2 and Schedule 3 and the SEPP (Exempt and Complying Development Codes) referenced in the Plan (cl 3.1-3.2). Confirm the site is not in an environmentally sensitive area that excludes exempt/compliant development (cl 3.3) and check any local exclusions (cl 3.3(2A) for river buffers).

5. For development requiring consent prepare supporting material: Prepare a statement of environmental effects addressing Plan-specific matters (heritage impacts, biodiversity, riparian impacts, flood risks). For intensive livestock and aquaculture, ensure the application addresses the items listed in cl 5.18(3) and Schedule 6 (cl 5.19).

6. Heritage and Aboriginal heritage: If heritage items, heritage conservation areas or Aboriginal places are affected, anticipate the need for heritage management documents or heritage conservation management plans and for Council to notify the Heritage Council and/or local Aboriginal communities (cl 5.10(4)-(9)).

7. Flood planning and special flood considerations: Where land is within the flood planning area, assemble flood technical assessments that address flood function, evacuation, climate change projections and safe occupation (cl 5.21(2)-(3); cl 5.22). Use the Considering Flooding in Land Use Planning Guideline and the Flood Risk Management Manual as referenced (cl 5.21(5)).

8. Biodiversity and riparian protections: If your site is mapped as Sensitive Area (Terrestrial Biodiversity Map; Riparian Lands and Watercourses Map), prepare ecological surveys and demonstrate avoidance, minimisation or mitigation of impacts in line with cl 6.3 and cl 6.4.

9. Development standard contraventions: If seeking a variation to a development standard, prepare the document required by the EP&A Regulation under cl 4.6 explaining why compliance is unreasonable or unnecessary and setting out sufficient environmental planning grounds. Note cl 4.6(6) limits the use of this clause for subdivisions in key rural and conservation zones.

10. Address local numeric controls: Ensure specific numerical limits are observed , bed and breakfast rooms (max 4, cl 5.4(1)), home business/industry floor area caps (60 m2, cl 5.4(2)-(3)), industrial retail limits and neighbourhood shop sizes (cl 5.4(4), (7)). For secondary dwellings outside rural zones, check the floor-area limits (cl 5.4(9)).

11. Check for other statutory approvals: Exempt/compliant or consented development may still require licences or approvals under other Acts (fisheries, Crown land, heritage, water, Native Vegetation/Local Land Services). The Plan’s Schedule 2 note explicitly reminds that other approvals may be required.

12. Pre-lodgement engagement: Where the Plan anticipates it (heritage, biodiversity, aquaculture, flood), engage early with Council, the Heritage Council, local Aboriginal communities and relevant State agencies and obtain guidance on evidence expected.

13. When in doubt about covenants: If private covenants stand in the way of development, review cl 1.9A carefully. The Plan can suspend private covenants to the extent necessary, but it excludes covenants Council requires or certain Crown and conservation instruments (cl 1.9A(2)). Check registered instruments; the clause preserves public authority rights under registered instruments (cl 1.9A(3)).

14. Time limits and transitional matters: If the application was lodged before the Plan commenced, cl 1.8A may require the application to be determined under the pre-Plan instrument. Ascertain whether a development application has been “finally determined” for transitional effect.

15. Specialist approvals and conditions: For complying development certificates tied to State policy (SEPP Codes) use the required templates and conditions (see Schedule 3 notes). For fire alarm conversions proposed as complying development, ensure work-hour conditions in cl 5.8(4) are included.

16. Record-keeping and evidence: Keep records of any assessment under cl 4.6 where a development standard is contravened, and of any heritage/biodiversity assessments the consent authority may rely on (cl 4.6(4); cl 5.10(4)-(6); cl 6.3(3)).

Following these steps will not replace bespoke legal advice for contested or complex proposals, but it implements the core compliance mechanics the Plan itself sets out. For planning disputes or appeals, consult the procedural rules of the EP&A Act and the Land and Environment Court practice directions and obtain legal representation.