The Plan organises land use through several core legal and planning concepts that determine how decision-making operates and what outcomes are permitted.

Zoning and Land Use Table

• The Land Use Table is the primary zoning mechanism. For each zone it sets objectives and categorises development as permitted without consent, permitted only with consent, or prohibited (cl 2.3 and the Land Use Table). The consent authority must have regard to zone objectives when deciding development applications (cl 2.3(2)).

Maps and spatial instruments

• Application and effect of the Plan depend on multiple maps kept by the planning authority. A map adopted by the Plan is the approved map plus any later approved amendments (cl 1.7). The Land Zoning Map, Lot Size Map, Land Reservation Acquisition Map and Heritage Map are decisive for where particular rules apply (cl 1.3; cl 1.7; cl 5.1; Schedule 5; Schedule 4).

Permitted, exempt and complying development regimes

• The Plan delegates low-impact development to exempt or complying pathways but also makes clear that the State SEPP for exempt and complying development has State-wide application and that the Plan contains additional exempt or complying items (cl 3.1-3.2; Schedules 2 and 3). Exempt development under Schedule 2 must meet Building Code and other tests (cl 3.1(3)) and cannot occur on some heritage-listed items (cl 3.1(3)(d)).

Development standards and exceptions

• Principal development standards appear at Part 4. Minimum lot sizes for subdivision are enforced by reference to a Lot Size Map (cl 4.1). Special rules for community title and strata subdivisions are included (cl 4.1AA; 4.1A). Clause 4.6 provides the mechanism to grant development consent even when a development contravenes a development standard, subject to demonstration that compliance is unreasonable or unnecessary and that sufficient environmental planning grounds justify the contravention (cl 4.6(2)-(3)). The consent authority must keep a record of assessment under cl 4.6(4). Clause 4.6 excludes contraventions of particular standards from being varied under this clause (cl 4.6(8)).

Heritage and environmental protection

• The Plan identifies heritage items and conservation areas in Schedule 5 and requires consent for demolition, external and certain internal works affecting heritage items or Aboriginal places (cl 5.10). The consent authority may require heritage assessments and heritage conservation management plans, must notify specialist bodies for certain matters and may permit development if it facilitates conservation (cl 5.10(4)-(10)).

Site-specific and operational controls

• The Plan places operational controls on specific sectors such as intensive livestock agriculture (cl 5.18), pond/tank oyster aquaculture (cl 5.19; Schedule 6), and eco-tourist facilities (cl 5.13). These set out the matters the consent authority must consider and, in some cases, thresholds under which consent is not required subject to locational constraints (for example cl 5.18(4)-(5)).

Inter-governmental consultation and overrides

• The Plan requires the consent authority to consult external bodies in particular circumstances: the Heritage Council for archaeological sites (cl 5.10(7)), local Aboriginal communities for Aboriginal places (cl 5.10(8)), and the relevant Commonwealth body for development penetrating airport limitation surfaces (cl 6.4). The Plan is subject to State environmental planning policies as provided by the Act, and some SEPP provisions may prevail over the Plan (cl 1.9).

Covenant suspension and public authority rights

• Clause 1.9A allows the Plan to override private covenants to the extent necessary to enable development under the Plan, but excludes covenants imposed by Council or certain conservation and Crown instruments; it does not affect public authority rights under registered instruments (cl 1.9A(1)-(3)). The Governor approved cl 1.9A under s 3.16 of the Act (cl 1.9A(4)).

Practical tests for consent

• Many clauses are framed as preconditions or lists of matters the consent authority must be satisfied of before granting consent. Examples include ensuring essential services are available (cl 6.5), flood compatibility and safe evacuation measures are considered (cl 5.21), and that aquaculture proposals meet site and operational requirements in Schedule 6 (cl 5.19).

These concepts collectively shape who can build what, where, and under what evidentiary and procedural requirements. The Plan ties these decisions to maps and to further approvals under State and Commonwealth instruments.

Primary affected parties

• Landowners and developers in the Bourke LGA. The Plan applies to land identified on the Land Application Map and thereby changes the legal entitlement to develop those parcels (cl 1.3; cl 2.2). Owners of lots subject to Schedule 1 additional permitted uses directly benefit from bespoke permissions (Schedule 1).
• The Council, as consent authority, is the central decision maker responsible for implementing the Plan (cl 1.6). The Plan imposes duties on the Council to consider specified matters and to consult other agencies in prescribed circumstances (for example cl 5.10(7)-(9); cl 6.4(2)).
• Neighbouring landowners and residents, because zone-based permissions, temporary uses, heritage and noise decisions affect adjoining amenity and property values. The Plan requires the consent authority to consider impacts on adjoining zoned land for unzoned land applications (cl 2.4(2)(a)) and to consider amenity impacts in many clauses (for example cl 2.8(3)(b); cl 6.1(3)(d)).

Statutory and public authorities

• State agencies with specialist responsibility: Department of Planning and Environment for maps and State SEPP application (cl 1.7; cl 1.9), Fire and Rescue NSW and private alarm monitors (cl 5.8), the Heritage Council (cl 5.10(7)-(9)), Transport for NSW where roads or classified road land is concerned via Land Reservation Acquisition Map (cl 5.1(2)), the corporation constituted under section 2.5 of the Act for regional open space (cl 5.1(2) table). Relevant Commonwealth bodies are involved in airport/airspace matters (cl 6.4).
• Aboriginal communities and representative bodies are directly affected by heritage provisions that require notification and consultation where development affects Aboriginal places of heritage significance (cl 5.10(8)).

Businesses and sectoral interests

• Primary producers and agricultural businesses are affected by RU1 and related rural provisions. The Plan restricts fragmentation of productive land through minimum lot sizes and subdivision controls (cl 4.1; cl 4.2), and imposes special rules for rural workers’ dwellings and replacement dwellings (cl 4.2A; 4.2B).
• Tourism and hospitality operators are affected by designated tourist zones (SP3), eco-tourist facility criteria (cl 5.13), and the standards preventing refusal of licensed premises due to music or performance matters (cl 5.20).
• Aquaculture and intensive livestock operators are affected by tailored operational and locational requirements (cl 5.19; cl 5.18; Schedule 6).

Who pays and who decides

• Applicants pay for compliance costs: preparing statements of environmental effects, heritage management documents, BASIX commitments where relevant, engineering and flood risk assessments, and any infrastructure contributions imposed as consent conditions. The Plan requires specific information to discharge consent conditions and to show compatibility (see cl 5.19(2), cl 5.21(3), cl 5.10(5)-(6)).
• The Council pays administrative and enforcement costs in assessing applications, keeping records (for example cl 4.6(4) requires the consent authority to record assessments under exceptions to development standards), consulting statutory bodies and enforcing consent conditions. Where owner-initiated acquisition is relevant, State authorities are identified as the acquiring agencies (cl 5.1(2) table).

Behavioural responses induced by the Plan

• Developers will route some proposals through exempt or complying pathways where possible and the State SEPP applies, but where site-specific controls or heritage overlays exist, developers must budget for additional studies and approvals (cl 3.1-3.2; cl 5.10).
• Owners of lots listed in Schedule 1 obtain a targeted permission (Schedule 1) and may choose to develop the permitted use subject to consent.
• Those with private covenants that would otherwise restrict development should expect cl 1.9A can suspend such covenants to the extent necessary for Plan-consistent development, but with a set of listed exceptions (cl 1.9A(1)-(3)).

Concentrated beneficiaries and diffuse costs

• Schedule 1 creates concentrated, parcel-specific entitlements to certain landowners (Schedule 1). Local hospitality operators and event organisers gain a statutory protection against refusals on music grounds (cl 5.20), yielding a concentrated benefit to licensed premises operators while possible costs in terms of noise management are dispersed across local residents who may experience increased sound levels unless appropriately mitigated. The Plan itself requires the consent authority to be satisfied the noise can be managed and minimised to an acceptable level before refusing on noise grounds (cl 5.20(2)).

Duties on the consent authority

• Decision-making obligations. The consent authority must have regard to zone objectives when determining applications (cl 2.3(2)), must be satisfied of matters specified in clauses before granting consent (examples: cl 4.2B for rural workers’ dwellings; cl 5.19(2) for pond/tank aquaculture; cl 5.21(2) for development in flood planning areas), and must keep a record of assessments under cl 4.6(4) when considering exceptions to development standards.
• Consultation and notification duties. Before granting consent in particular heritage and archaeological circumstances the consent authority must notify and consider responses from the Heritage Council (cl 5.10(7)) and local Aboriginal communities (cl 5.10(8)), and consult the relevant Commonwealth body where development would penetrate an airport Limitation or Operations Surface (cl 6.4(2)). For archaeological matters it must wait 28 days for a response (cl 5.10(7)).
• Recordkeeping. Clause 4.6(4) explicitly requires the consent authority to keep a record of the assessment made under the exceptions to development standards.

Duties on applicants and owners

• Compliance and evidentiary burdens. Applicants must demonstrate compliance with development standards, or where seeking to contravene a standard under cl 4.6, must demonstrate the matters in cl 4.6(3) and provide the supporting document required by the Environmental Planning and Assessment Regulation (see cl 4.6(3) note). For exempt development applicants must meet Building Code of Australia standards and other Schedule 2 requirements (cl 3.1(3)-(5)).
• Heritage-specific duties. For development affecting heritage items, applicants may be required to provide heritage management documents or conservation management plans (cl 5.10(5)-(6)).
• Essential services. The applicant must show that essential services will be available or arrangements are in place when required (cl 6.5).

Rights and entitlements

• Rights to develop consistent with zone permissions. Landowners have a right to apply for and, where their proposal meets the Plan and statutory tests, to obtain development consent for uses permitted with consent under the Land Use Table (cl 2.3; Land Use Table).
• Exempt and complying pathways. For development that meets exempt or complying criteria in Schedule 2 or Schedule 3, applicants are entitled to pursue development without development consent, subject to other Acts and approvals (cl 3.1-3.2, Schedules 2-3).
• Covenant suspension. The Plan grants the right for Plan-consistent development to proceed notwithstanding a private covenant to the extent necessary (cl 1.9A(1)), with enumerated exclusions (cl 1.9A(2)-(3)).
• Conservation incentives. The consent authority may grant consent to otherwise non-permitted development when it facilitates conservation of a heritage item or Aboriginal place, provided conservation works identified are carried out (cl 5.10(10)).

Limits on discretion and excluded exercises

• Exclusions from the exceptions clause. Clause 4.6(8) prevents use of the exceptions mechanism to contravene certain development standards including standards for complying development and some BASIX-derived standards (cl 4.6(8)).
• Specific prohibitions. Canal estate development is expressly prohibited (cl 2.9). Other prohibitions are zone-specific as set out in the Land Use Table (Land Use Table).

Procedural protections and safeguards

• Temporary use conditions. The Plan permits temporary uses for up to 30 days in any 12 month period subject to the consent authority being satisfied the use will not prejudice future development and will not adversely impact amenity or environmental attributes, and requires restoration at the end of the temporary use period (cl 2.8).
• Heritage safeguards. The Plan requires the consent authority to consider heritage significance before allowing demolition or significant alteration, to invite specialized submissions and to require management plans where necessary (cl 5.10(2)-(6)).

The Plan itself does not set out express criminal penalties or enforceable infringement fines within its text. It is an environmental planning instrument that establishes permissions and conditions for development. Enforcement action for non-compliant development and breaches of development consent falls under the mechanisms of the Environmental Planning and Assessment Act and its regulations, and potentially other Acts referenced in the Plan (for example the Heritage Act 1977 or the Local Government Act 1993), rather than specified penalty provisions within the Plan text itself.

Practical enforcement implications evident in the Plan

• Unauthorised works. Where the Plan requires development consent (for example demolition (cl 2.7), subdivision (cl 2.6), development in heritage items/areas (cl 5.10)), carrying out such works without consent will be "development" outside permitted pathways and may expose the applicant or owner to enforcement under the EP&A regime. The Plan’s structure assumes the Act and regulations supply enforcement tools including notices, injunctions and prosecution; the Plan does not replicate those sanctions.
• Conditions of consent. The Plan empowers the consent authority to impose conditions and requires applicants to meet particular preconditions. Failure to comply with imposed consent conditions typically triggers administrative enforcement under the Act.
• Recordkeeping obligations. Clause 4.6(4) obliges the consent authority to keep records of assessment for exceptions to standards. This creates an administrative record that can be relevant to enforcement, review and merits appeals under the Act.
• External regulatory enforcement. The Plan cross-references other statutes that themselves contain enforcement regimes. For example, heritage offences and protections arise under the Heritage Act 1977 in respect of State heritage items. Bush fire hazard reduction actions are authorised under the Rural Fires Act 1997 and are excluded from consent (cl 5.11), which bears on enforcement jurisdiction.

Who enforces and how

• The Plan identifies the Council as the consent authority (cl 1.6) and therefore as the primary administrative enforcer of compliance with consent conditions and local provisions; State agencies and statutory bodies exercise enforcement powers under their own Acts when relevant. The Plan’s consultative duties allocate decision-making inputs to bodies such as the Heritage Council, local Aboriginal communities and relevant Commonwealth bodies but the Plan does not transfer core enforcement powers to those bodies.

Limits on creating new penalties

• Because the Plan is an environmental planning instrument, it sets permissions rather than standalone offences. Any prosecution or penalty action arising from breaches will rely on the enforcement framework established in the Act and other legislation referenced.

For precise search of penalties and enforcement pathways in a specific case, practitioners must consult the Environmental Planning and Assessment Act, the relevant SEPPs and the other Acts referenced throughout the Plan.

Direct cross-references and hierarchy

• State Environmental Planning Policies. The Plan is subject to any State environmental planning policy that prevails over it as provided by section 3.28 of the Act (cl 1.9(1)). The Land Use Table itself notes several SEPPs that may be relevant, such as the SEPP (Housing) 2021 and SEPP (Transport and Infrastructure) 2021. This means State policies can override or supplement local provisions where the Act and SEPPs provide for that effect.
• Overriding private covenants. Clause 1.9A provides a local statutory mechanism to disapply private covenants to the extent necessary to permit development consistent with the Plan, subject to enumerated exceptions that preserve Crown, conservation and Council-imposed covenants (cl 1.9A(1)-(3)). The Governor approved cl 1.9A under section 3.16 of the Act (cl 1.9A(4)), indicating an administrative check under the Act.
• Heritage, Crown and other statutory regimes. The Plan explicitly interacts with the Heritage Act 1977 for State heritage listings and the National Parks and Wildlife Act 1974 for land reserved under that Act (cl 5.10 references). Development affecting Aboriginal heritage triggers duties to notify local Aboriginal communities and to consider heritage impact statements (cl 5.10(8)). The Plan respects the operation of Crown land regimes and related instruments listed in cl 1.9A(2)(b).
• Local Government Act and public land. Clause 5.2 enables the Council to classify or reclassify public land in accordance with Part 2 of Chapter 6 of the Local Government Act 1993, including discharge of trusts consistent with section 30 of that Act (cl 5.2(1)-(5); Schedule 4).
• Land acquisition law. Clause 5.1 designates the relevant State authorities for acquisition under owner-initiated acquisition provisions of the Land Acquisition (Just Terms Compensation) Act 1991 and notes when the authority must acquire if delay would cause hardship (cl 5.1(1)-(3)).
• Building Code and BASIX. Exempt and complying development are subject to the Building Code of Australia compliance and BASIX commitments where applicable. Clause 3.1 requires exempt development to meet BCA provisions and cl 4.6(8) excludes certain BASIX-related standards from variation under 4.6.
• Fire and alarm monitoring. Clause 5.8 deals with conversion of fire alarm monitoring and references Fire and Rescue NSW and private service providers; this interacts with emergency services regimes and potentially telecommunications and safety law.
• Fisheries and aquaculture regulation. The aquaculture provisions reference aquaculture industry development plans under the Fisheries Management Act and the Fisheries Management (Aquaculture) Regulation (cl 5.19; Schedule 6). Those Acts and regulations govern licensing and species controls that operate in parallel with the Plan’s site and operational requirements.
• Rural Fires Act. Clause 5.11 authorises bush fire hazard reduction work carried out under the Rural Fires Act 1997 without development consent, clarifying the relationship between that Act’s regime and the Plan.
• Airspace and Commonwealth regulation. Clause 6.4 requires consultation with the relevant Commonwealth body where a development would penetrate Limitation or Operations Surfaces for Bourke Airport, making the Plan dependent on Commonwealth airspace regulation for the final decision in those circumstances (cl 6.4(2)-(4)).

Operational interaction and conflict resolution

• Where State instruments prevail, the Plan is subject to the Act’s rules on inconsistency. Clause 1.9 reflects that State environmental planning policies may prevail over the Plan, and the Land Use Table and notes repeatedly reference SEPPs and State guidelines as relevant. Practitioners must therefore cross-check proposals against applicable SEPPs and State instruments.
• The Plan also identifies specific matters where other Acts govern particular effects, for example heritage and Aboriginal heritage protections, bush fire powers, fisheries licences and Crown land instruments. These parallel obligations mean developers frequently need approvals under multiple statutory regimes for a single proposal.

Integration with regulatory practice

• The Plan instructs the consent authority to consider State guidelines in certain domains , for example use of the Considering Flooding in Land Use Planning Guideline for flood planning matters (cl 5.21(4)-(5)). This embeds a standards-based interaction between local planning and State technical guidance.

The Plan text contains a number of amendment notations. The instrument has been amended periodically; the Plan records those amendments in clause marginal notes and in Schedule entries. The following is a catalogue of amendments as referenced within the Plan text itself. Where the Plan text annotates a clause with an amendment reference, that reference is reported below.

Examples of amendments recorded in the Plan text

• Clause 1.8A (Savings provision relating to development applications) is shown as amended in 2019: “cl 1.8A: Am 2019 (621), Sch 5[1]”.
• Clause 1.9A (Suspension of covenants, agreements and instruments) includes a note “cl 1.9A: Am 2019 (621), Sch 5[2]-[4]”.
• Clause 2.1 (Land use zones) carries the amendment note “cl 2.1: Am 2022 (830), Sch 1.5[1]”.
• The Land Use Table records a sequence of amendments: “Land Use tbl: Am 2016 (157), Sch 1 [1]; 2016 (168), Sch 1 [2] [5]; 2017 (493), Sch 1.1 [1]; 2017 (557), cl 4 (1)-(3); 2019 (137), Sch 6 [1]; 2022 (314), Sch 1; 2022 (830), Sch 1.5[2]; 2023 (253), Sch 1[1]; 2023 (458), Sch 2.11.”
• Clause 4.6 (Exceptions to development standards) also records an amendment: “cl 4.6: Am 2022 (830), Sch 1.5[3]”.
• Clause 5.4 (Controls relating to miscellaneous permissible uses) notes an amendment: “cl 5.4: Am 2018 (406), Sch 1.20 [1] [2]”.
• Schedule 4 (Classification and reclassification of public land) notes “sch 4: Am 2021 (408), cl 4”.
• Clause 6.6 (Business premises and office premises in Zone R1) is shown as inserted in 2023: “cl 6.6: Ins 2023 (253), Sch 1[2]”.
• Schedule 1 records amendments including “sch 1: Am 2016 (157), Sch 1 [5]; 2025 (592), Sch 1.” This indicates a 2025 amendment to Schedule 1 is recorded in the Plan text.
• Clause numbering and marginal notes show other amendments across 2016-2023 and into 2025 in the Plan’s history as reproduced in the instrument.

How the Plan records amendments

• The Plan includes marginal amendment notes after specific clauses and schedules showing the amending instrument reference by year, number and schedule or clause reference. These are the Plan’s internal amendment record entries and are authoritative within the published text.

Practical consequence for practitioners

• Because the Plan has been amended multiple times, practitioners must always check the consolidated published version and the NSW legislation website for the latest amending instruments. The amendment entries recorded in the text provide pointers to the relevant amending instruments and schedules.

The Plan text does not list or summarise judicial decisions or litigation outcomes. There are no cases or judicial determinations named or recorded in the instrument itself. As an environmental planning instrument, disputes about the Plan’s operation, the exercise of discretions by the consent authority, or development disputes may be litigated in the Land and Environment Court or other courts, but any such litigation is external to the Plan and not reported within the instrument text.

How to find litigation touching the Plan

• Practitioners seeking cases that interpret the Plan should search reported decisions of the New South Wales Land and Environment Court and other relevant tribunals. Authoritative secondary sources include AustLII, the NSW Caselaw database, and specialist planning law reports.
• When researching litigation, focus on issues commonly litigated under local environmental plans: application of exceptions to development standards (cl 4.6), interpretation of zone objectives and the Land Use Table, heritage impact assessments required by cl 5.10, the validity or scope of covenants vis a vis cl 1.9A, and flood-risk related refusals where cl 5.21 is engaged.

Limitations from the Plan text

• Because the Plan does not include case law, any claim about judicial interpretation must be supported by independent case citations. The Plan provides only the statutory text to which courts would refer; it is not a source of recorded litigation.

This section highlights structural and interpretive pitfalls that tend to catch practitioners or clients unfamiliar with the Plan’s detailed mechanics. Each "gotcha" is traced to the clause or schedule that gives rise to the issue.

1. Private covenants can be suspended but with important exceptions (cl 1.9A)

• The Plan allows a covenant or agreement that restricts carrying out development to be displaced to the extent necessary to give effect to Plan-consistent development (cl 1.9A(1)). However the clause excludes covenants imposed by Council, Crown land instruments, conservation agreements, property vegetation plans, biobanking agreements and planning agreements (cl 1.9A(2)). Public authority rights under registered instruments are unaffected (cl 1.9A(3)). Practitioners must therefore check title instruments and whether an instrument falls within the exceptions before relying on cl 1.9A.

2. Savings provision preserves pre-commencement applications but with caveats (cl 1.8A)

• If a development application was made before this Plan commenced and not finally determined by commencement, it must be determined as if the Plan had not commenced (cl 1.8A). This can create two parallel pathways for the same project depending on timing. Note the Act’s Division 3.5 may allow applications linked to draft amendments to be considered concurrently (cl 1.8A note). Timing and formal withdrawal or re-lodgement may be consequential.

3. Land-use permission depends on multiple maps

• Zoning, lot size, heritage overlays and acquisition authority rely on the Plan’s maps (cl 1.7; cl 1.3; Schedule 5; schedule references). Variation between the Land Zoning Map, Lot Size Map and Land Reservation Acquisition Map can create complex constraints. Confirm the exact map layer that determines a particular restriction before advising clients.

4. The exceptions to development standards require a documented test and record (cl 4.6)

• To rely on cl 4.6 to contravene a development standard, the applicant must demonstrate compliance is unreasonable or unnecessary and provide sufficient environmental planning grounds (cl 4.6(3)). The consent authority must keep a record of the assessment (cl 4.6(4)). The Environmental Planning and Assessment Regulation requires a supporting document where a development proposes to contravene a standard. Failure to present the required document can lead to refusal or judicial review.

5. Heritage assessment and notification windows are prescriptive (cl 5.10)

• For archaeological and Aboriginal heritage matters the consent authority must notify and consider responses within 28 days (cl 5.10(7)-(9)). This calendared period can materially affect the timetable. The consent authority may also require heritage management documents or conservation management plans (cl 5.10(5)-(6)). Heritage items listed in Schedule 5 are numerous and include both State and local items; treat these as triggers for specialist reports.

6. Flood planning must account for climate change and evacuation capacity (cl 5.21)

• The consent authority must be satisfied development is compatible with flood function and behaviour, and must consider projected changes from climate change and evacuation capacity (cl 5.21(2)-(3)). Applicants should plan to provide modelling that addresses both current and projected flood risk, and to engage with the Considering Flooding Guideline referred to in cl 5.21(4).

7. Music protections for licensed premises are conditional (cl 5.20)

• Clause 5.20 prohibits refusing consent to licensed premises solely on specific characteristics of music or performance and bars refusal on noise grounds if the consent authority is satisfied the noise can be managed to an acceptable level (cl 5.20(1)-(2)). This is not an unconditional right to make noise; it imposes on the applicant the requirement to demonstrate suitable noise management and on the consent authority the obligation to be satisfied that management will be effective.

8. Minimum lot sizes and special rules for strata/community title schemes (cl 4.1; 4.1AA; 4.1A)

• Subdivision controls tie lot sizes to the Lot Size Map and include special rules for community title (cl 4.1AA) and strata schemes in rural zones where creating additional dwelling entitlements is restricted (cl 4.1A). Practitioners must confirm whether lots are subject to these overlays and whether exceptions such as existing holdings or special prior permissions apply (cl 4.2A(3)(b)-(d)).

9. Canal estate prohibition is tightly defined (cl 2.9)

• Canal estate development is prohibited. The definition is detailed and includes the use of fill to raise land to comply with flood planning requirements or excavation to create a waterway (cl 2.9(2)). However the clause carves out drainage and water supply works performed by appropriate public bodies (cl 2.9(3)). Do not assume “canal-like” development is permitted without checking the definition.

10. Multiple statutory approvals may be required even where the Plan allows development

• Exempt development under Schedule 2 is not exempt from other statutory approvals (Schedule 2 Note 2; cl 3.1(3)). For example aquaculture proposals must still satisfy the Fisheries Management Act and licensing requirements despite being permitted by the Plan in some circumstances (cl 5.19(5)-(6)).

11. Airspace consultation can block consent (cl 6.4)

• If proposed development penetrates Limitation or Operations Surfaces for Bourke Airport, the consent authority must consult the relevant Commonwealth body and must not grant consent if the Commonwealth advises it should not be constructed (cl 6.4(2)-(4)). This places a potentially decisive external veto on otherwise permissible development.

12. Essential services are a precondition (cl 6.5)

• Consent must not be granted unless the consent authority is satisfied that essential services will be available or arrangements are in place (cl 6.5). This is a practical gating item for suburban and rural development alike.

This section sets out a practical compliance checklist and process map for practitioners preparing or assessing development proposals under the Plan, with direct references to the relevant clauses.

1. Identify applicable maps and zone

• Confirm the property’s zoning on the Land Zoning Map and whether the Lot Size Map, Heritage Map, Land Reservation Acquisition Map, or Obstacle Limitation Surface Map apply (cl 1.3; cl 1.7; Schedule 5). The Plan’s provisions and the Land Use Table operate off these layers.

2. Determine whether the proposed use is permitted

• Check the Land Use Table for the zone: is the use permitted without consent, permitted with consent, or prohibited (cl 2.3; Land Use Table)? If the use is exempt or complying under State SEPPs and the Plan, evaluate whether the proposal meets the BCA and Schedule 2/3 requirements (cl 3.1-3.2; Schedules 2-3).
• If the use is expressly prohibited in the zone, do not proceed unless one of the Plan’s specific clauses (for example conservation incentives cl 5.10(10)) or an amendment route is available.

3. Subdivision and lot size checks

• For subdivision proposals check the Lot Size Map and the minimum lot size rules in cl 4.1 and related clauses (cl 4.1; cl 4.1AA; cl 4.1A). If proposing strata or community title subdivision in rural zones, ensure compliance with the special strata and community lot size rules (cl 4.1AA; cl 4.1A).
• If seeking subdivision that would contravene minimum sizes, consider whether an application under the exceptions to development standards (cl 4.6) is possible and prepare the required justification and documentation per the EP&A Regulation referenced in cl 4.6.

4. Heritage and Aboriginal heritage triggers

• Where the land hosts a Schedule 5 heritage item or is within a heritage conservation area, plan for heritage assessments, and be ready to prepare a heritage management document or conservation management plan if required (cl 5.10(4)-(6); Schedule 5).
• For archaeological sites not on the State Heritage Register, notify the Heritage Council and factor in the 28 day notice period (cl 5.10(7)). For Aboriginal places of heritage significance undertake adequate investigation and written notification to local Aboriginal communities and allow for their responses (cl 5.10(8)).

5. Flood risk and climate change

• For land in the flood planning area consult cl 5.21. Prepare flood risk assessments that address compatibility with flood function, do not worsen flood behaviour, and provide safe evacuation strategies, including consideration of projected climate change impacts and the Considering Flooding in Land Use Planning Guideline (cl 5.21(2)-(4)).

6. Essential services

• Demonstrate availability or arrangements for essential services required by cl 6.5: water, electricity, sewage disposal, stormwater drainage, and vehicular access. If on unsewered land and the proposal triggers complying development pathways, obtain required Council approvals for on-site effluent systems (cl 3.2(3)(c)).

7. Sector-specific controls

• Intensive livestock agriculture. For intensive livestock proposals demonstrate compliance with the environmental assessment matters set out in cl 5.18(3). For small-scale or threshold-exempt operations ensure the location is not in an environmentally sensitive area or within specified separation distances (cl 5.18(4)-(5)).
• Aquaculture. For pond- and tank-based aquaculture follow the site location and operational requirements in cl 5.19 and Schedule 6. Demonstrate species selection consistency with aquaculture industry development plans and ensure pond design and discharge controls are met (cl 5.19(2)-(3); Schedule 6 Divisions 1-2).
• Eco-tourist facilities and farm stay/farm gate premises. Prepare management strategies addressing environmental protection, waste, water, landscape visual impact and compatibility with agricultural operations per cl 5.13, cl 5.24 and cl 5.25.

8. Airspace and Limitation Surface checks

• If development could penetrate an Obstacle Limitation or Operations Surface for Bourke Airport consult the relevant Commonwealth body and obtain a written response before expecting consent (cl 6.4(2)-(4)). The consent authority must refuse consent where the Commonwealth advises the development should not be constructed.

9. Use of cl 4.6 exceptions

• If the proposal breaches a development standard, prepare a cl 4.6 justification addressing why compliance is unreasonable or unnecessary and the environmental planning grounds for the contravention (cl 4.6(3)). Include the supporting document required by the Regulation and be aware that cl 4.6 cannot be used to contravene certain standards such as those for complying development or certain BASIX standards (cl 4.6(8)).

10. Covenant issues

• Review title for covenants. If a private covenant restricts development, assess whether cl 1.9A applies to suspend the covenant to the extent necessary for Plan-consistent development, and confirm that the covenant is not one of the listed exclusions (cl 1.9A(1)-(3)).

11. Consultation strategy

• Pre-lodge agency engagement is advisable where the Plan mandates consultation with specialist bodies (Heritage Council, Aboriginal communities, relevant Commonwealth body for airport issues) or where external approvals may be required (Fisheries licences, Crown land authorities, Local Government Act processes for public land classification).
• For heritage matters, allow at least the 28 day window for Heritage Council responses where cl 5.10 requires notification.

12. Conditions and compliance monitoring

• Anticipate and budget for consent conditions, and plan systems for compliance monitoring where the consent authority may require ongoing management or remediation (heritage conservation works cl 5.10(10); eco-tourist management strategies cl 5.13(3)(k)).

13. Timing and strategic considerations

• Check for pre-commencement application savings (cl 1.8A). Where a pre-commencement application exists, determine whether to continue under the saved application or to re-lodge under the current Plan, and advise clients on the trade-offs.
• For temporary uses, limit operations to the 30 day cap in any 12 month period unless an exception applies (cl 2.8).

Administrative checklist at lodgement

• Zoning confirmation and relevant maps snapshot.
• Evidence of essential services arrangements (cl 6.5).
• Heritage reports or heritage management documents where Schedule 5 applies (cl 5.10(5)-(6)).
• Flood and climate change risk assessment complying with considering flood guidelines (cl 5.21).
• Aquaculture or intensive livestock operational statements where relevant (cl 5.19; 5.18; Schedule 6).
• Detailed justification for any proposed contravention of a development standard under cl 4.6, with the statutory statement required by the Regulation.
• Confirmation of any covenants and legal advice on cl 1.9A applicability.
• Consultation plan for required statutory bodies.

Following these steps aligns the application with the Plan’s procedural and substantive gates and minimises the risk of refusal for procedural or evidentiary defects.