The Plan organises land use control around a small set of recurring legal and planning concepts that determine permissions, constraints and decision pathways.

Zones and the Land Use Table

• The Plan establishes a suite of zones (for example RU2 Rural Landscape, R1 General Residential, E4 General Industrial, MU1 Mixed Use, SP1 Special Activities, RE1 Public Recreation, C2 Environmental Conservation) and ties permitted and prohibited uses to those zones (cl 2.1; cl 2.2; Land Use Table). The Land Use Table is the pivot for whether a proposed use requires development consent, is permitted without consent, or is prohibited (cl 2.3).

Consent authority and consent

• The Council is the consent authority for this Plan, subject to the Act (cl 1.6). Many actions require development consent under the Plan, including subdivision (cl 2.6), demolition (cl 2.7), certain heritage works (cl 5.10), and particular conversion or infrastructure changes (multiple clauses). Exempt and complying development pathways are available where the tests in Part 3 are met (cl 3.1-3.2).

Exempt and complying development

• Part 3 identifies development of minimal environmental impact as exempt if it meets Schedule 2 standards and the Part 3 tests, including Building Code of Australia compliance and limits where State heritage items are involved (cl 3.1). Complying development is identified in Schedule 3 and is available where development is permissible with consent, meets the prescribed standards and complies with the Building Code and other statutory conditions (cl 3.2).

Heritage and conservation

• Heritage items and conservation areas are listed in Schedule 5. The Plan requires development consent for demolition, exterior alterations, interior structural changes for items listed in Schedule 5, and for disturbance of archaeological sites or Aboriginal places of heritage significance (cl 5.10(2)). The consent authority may require heritage management documents and may need to notify the Heritage Council or local Aboriginal communities for certain approvals (cl 5.10(4)-(9)).

Local exceptions and site‑specific controls

• Schedule 1 adds specific permitted uses for particular parcels, for example a funeral home at 39 Morgan Street and an animal pound on Airport Road (Schedule 1 items 2 and 3). The Plan also allows the combining of multiple maps and requires maps to be publicly available (cl 1.7).

Development standards and flexibility

• The Plan contains an exceptions to development standards clause enabling the consent authority to permit contraventions where applicants demonstrate that compliance is unreasonable or unnecessary and there are sufficient planning grounds (cl 4.6). That clause records recordkeeping obligations for decisions and excludes some standards from its operation (notably standards for complying development, BASIX commitments and certain enumerated clauses).

Intersection with State instruments and other Acts

• The Plan is subject to State environmental planning policies (cl 1.9) and cross‑refers to a wide range of other Acts where specific interactions occur, for example the Heritage Act 1977, Crown Land Management Act 2016, Rural Fires Act 1997, Fisheries and Marine Estate Acts for aquaculture, the Local Government Act 1993 for public land classification, and the Land Acquisition (Just Terms Compensation) Act 1991 for owner‑initiated acquisition (multiple clauses).

Spatial and technical components

• The substance of the planning framework is expressed through maps - the Land Application Map, Land Zoning Map, Lot Size Map, Additional Permitted Uses Map, Heritage Map, and Obstacle Limitation Surface Maps for the airport (cl 1.3; cl 2.2; cl 1.7; cl 6.3). The Plan authorises electronic or paper maps and requires them to be publicly available (cl 1.7).

Operational controls for specific industries

• The Plan contains industry‑specific requirements: aquaculture must meet site location and operational requirements in Schedule 6 (cl 5.19); intensive livestock agriculture is subject to locational and capacity thresholds below which consent is not required, and to a set of assessment matters where consent is needed (cl 5.18); eco‑tourist facilities must demonstrate a connection to site values and management strategies (cl 5.13).

Temporary and prohibited developments

• The Plan allows temporary uses subject to a maximum period and conditions for restoration (cl 2.8). It expressly prohibits canal estate development (cl 2.9).

Administrative savings and transitional matters

• A savings provision requires development applications made before this Plan commenced that have not been finally determined to be decided as if the Plan had not commenced (cl 1.8A). That creates a transitional protection for applicants with in‑flight applications.

These concepts frame the decision pathway for applicants and the assessment criteria for the Council. The Plan records objectives and procedural prerequisites rather than prescribing fines or enforcement mechanisms in‑instrument.

The Plan affects a range of actors through permissions, prohibitions, and procedural requirements. Identify who pays, who decides and who must change behaviour.

Primary decision maker

• The consent authority is the Council (cl 1.6). The Council therefore decides development applications, heritage consents and many land use approvals under the Plan, subject to the Act and relevant State policies.

Landowners, developers and applicants

• Private owners and developers whose land lies within the land covered by the Plan are directly affected. The Plan integrates zoning, minimum lot sizes, subdivision rules and use permissions that determine whether a proposal can proceed with consent, without consent as exempt or complying development, or is prohibited (cl 2.3; cl 4.1; Schedule 2; Schedule 3).

Particular industry operators

• Operators in specific industries are materially affected by bespoke controls:
  • Aquaculture proponents must meet Schedule 6 site location and operational requirements and additional oyster industry considerations (cl 5.19; Schedule 6).
  • Intensive livestock agricultural operators face capacity thresholds and setbacks for when development consent is not required; otherwise consent requires specific considerations (cl 5.18).
  • Licensed premises and hospitality operators are affected by clause 5.20 which limits grounds on which consent for licensed premises can be refused concerning music, performance, dancing and related matters.
  • Airport neighbours and developers proposed to penetrate airport surfaces must follow airspace consultation procedures (cl 6.3).

Community and cultural stakeholders

• The local community is affected by the Plan’s heritage provisions. Schedule 5 lists many heritage items and conservation areas; any work that affects those items typically requires development consent and may trigger notifications to the Heritage Council or local Aboriginal communities (cl 5.10(2), (7), (8), (9)).

Public authorities and State bodies

• The Plan identifies relevant State authorities for land acquisition under the Land Acquisition (Just Terms Compensation) Act 1991, including Transport for NSW for classified roads and the corporation under s 2.5 of the Act for regional open space (cl 5.1(2)). It also defers to Commonwealth bodies for airspace issues (cl 6.3) and recognises State environmental planning policies that prevail where applicable (cl 1.9).

Councils, trustees and custodians of public land

• The Plan authorises classification and reclassification of public land under the Local Government Act 1993, and Schedule 4 lists land affected (cl 5.2; Schedule 4). That changes how public land may be managed, including whether trusts are discharged when land is reclassified (cl 5.2(5)).

Neighbours and amenity receptors

• Adjoining landowners are affected by development controls such as temporary use limits (cl 2.8), earthworks assessment criteria (cl 6.1), and intensive agriculture locational rules (cl 5.18), which are designed to protect amenity, drainage, soils and environmental values.

Who pays

• Costs fall primarily on proponents and landowners seeking development: costs of preparing development applications, heritage management documents or heritage impact statements where required (cl 5.10(5)), environmental impact statements for designated development, complying development certificates processes, and any studies required under the Act. The Plan itself gives the Council responsibilities to assess and impose conditions but does not include fees schedules. The State will bear costs where State or Commonwealth approvals or acquisitions are required, but the Plan specifies which authority is the relevant authority for acquisition (cl 5.1).

Behaviour changes required

• Applicants must align proposals with the zone objectives and the Land Use Table, and check whether development can proceed as exempt or complying development under Schedule 2 or Schedule 3 (cl 2.3; cl 3.1-3.2). Where heritage items or archaeological or Aboriginal places are involved, applicants must prepare heritage management documents or notify relevant statutory bodies (cl 5.10). For airport penetrations, applicants must consult the relevant Commonwealth body when development may penetrate the Limitation or Operations Surface (cl 6.3). For proposals that contravene development standards, applicants must prepare justification material as required under cl 4.6 and, where applicable, under the Environmental Planning and Assessment Regulation 2021.

Concentrated and diffuse impacts

• The Plan confers concentrated decision authority on the Council and creates concentrated compliance costs for applicants and operators in regulated industries, while the costs of delayed or altered development are dispersed among residents, heritage stakeholders and the broader community.

This section summarises specific duties imposed by the Plan on applicants, the consent authority and public authorities, and specific rights or protections the Plan affords third parties.

Key duties , consent authority (Council)

• The consent authority must have regard to the objectives for development in a zone when determining applications (cl 2.3(2)). In heritage matters it must consider effects on heritage significance before granting consent (cl 5.10(4)). For certain heritage and archaeological matters the consent authority must notify and take into account responses from the Heritage Council or local Aboriginal communities (cl 5.10(7)-(9)). For airspace penetrations, if the consent authority is satisfied a proposal will penetrate an airport Limitation or Operations Surface, it must consult the relevant Commonwealth body (cl 6.3(2)).

Key duties , applicants and proponents

• Applicants proposing development that contravenes a development standard must satisfy the consent authority that compliance is unreasonable or unnecessary and provide sufficient planning grounds; the consent authority must keep a record of that assessment (cl 4.6(3)-(4)). Development that is exempt or complying must meet the standards in Schedule 2 or Schedule 3 and the Building Code of Australia requirements (cl 3.1(2)-(3); cl 3.2(2)-(3)). Applicants seeking to develop within a heritage item or conservation area may be required to prepare heritage management documents or conservation management plans (cl 5.10(5)-(6)).

Key duties , developers of specific uses

• Intensive livestock agriculture consent assessments must address a list of environmental, amenity and industry code matters including odour, water pollution, soil degradation and animal welfare and comply with Department of Primary Industries guidelines (cl 5.18(3)(a)-(h)). Aquaculture proponents must meet Schedule 6 site and operational requirements and ensure drains and outlets prevent escape of stock (cl 5.19; Schedule 6).

Rights and protections for third parties

• The Plan requires notification to the Heritage Council or local Aboriginal communities and requires the consent authority to consider responses within specified time frames where relevant (cl 5.10(7)-(9)). For temporary uses, the Plan requires the land be restored to its prior condition as far as practicable at the end of the temporary period (cl 2.8(3)(d)). The Plan also protects some private right instruments by excluding certain covenants from the suspension provision (cl 1.9A(2)-(3)).

Procedural rights and constraints

• Applicants with development applications lodged before commencement of the Plan have a procedural right for those applications to be determined as if the new Plan had not commenced (cl 1.8A). The Plan also prescribes consultation obligations and timeframes in heritage cases and in certain specialised development pathways.

Limits on discretion and prohibited grounds

• The Plan removes some bases for refusal in particular circumstances; for example, the consent authority must not refuse consent to licensed premises on grounds related to the playing or performance of music, genre, number of musicians, presence of dancing, or decorative elements, provided noise can be managed to an acceptable level (cl 5.20(1)-(2)). The Plan also sets prohibited development categories for each zone, removing discretion to permit those uses (Land Use Table).

Other duties of note

• The Plan requires that before granting consent for earthworks, the consent authority consider drainage patterns, soil stability, source and destination of fill, risk of disturbing relics and impacts on waterways and adjacent land (cl 6.1(3)(a)-(h)). For essential services, the consent authority must be satisfied that water, electricity, sewage disposal, stormwater and vehicular access are available or arrangements made (cl 6.2).

Documentation and records

• The exceptions-to-standards clause requires the consent authority to keep a record of its assessment when an applicant seeks to contravene a development standard (cl 4.6(4)). The Plan also contemplates heritage management documents, heritage conservation management plans, and environmental impact statements where required (cl 5.10(5)-(6)).

Rights of the State and public authorities

• The Plan identifies which State authority is the relevant acquisition authority for owner‑initiated acquisition, thereby clarifying which State body will pay compensation and undertake acquisition where owner‑initiated proceedings succeed (cl 5.1(2)). It also preserves rights and interests of public authorities under registered instruments when suspending covenants (cl 1.9A(3)).

The Plan creates a matrix of duties and rights primarily through consent requirements, notification duties and recordkeeping obligations. It delegates the practical exercise of discretion to the Council, but conditions that discretion with prescribed considerations and procedural obligations.

The Plan itself sets out permissions, procedural requirements and obligations but does not include an express set of penalties or an enforcement schedule within the text provided. It repeatedly frames activities in terms of development consent being required, exempt or complying, and refers to the Act for the broader statutory framework (for example cl 1.6, cl 3.1, cl 3.2 and numerous parts that note "development consent").

Implications for enforcement and sanctioning practice, as drawn from the Plan text

• The Plan establishes which activities require development consent and which are exempt or complying development. Where a use or activity is stated to require development consent (for example subdivision cl 2.6 and demolition cl 2.7), carrying out that activity without consent would fall outside the Plan’s authorisations. The Plan does not itself specify the legal consequences (such as fines, orders to remedy, or injunctions) for non‑compliance; those enforcement mechanisms are matters within the Act and the general regulatory regime that the Act establishes. The Plan therefore relies on the Act for enforcement of its consent requirements.
• Enforcement of heritage obligations is proceduralised by the requirement for consent for demolition or specified alterations to heritage items and by the requirement for notification and consideration of responses from the Heritage Council and local Aboriginal communities (cl 5.10(2), (7), (8), (9)). The Plan gives the consent authority the gatekeeping role, but does not specify penalties for breaches in the instrument.
• Where the Plan authorises the suspension of covenants for the purpose of enabling development (cl 1.9A), it expressly excludes certain instruments and preserves public authority interests under registered instruments (cl 1.9A(2)-(3)). The Plan does not discuss remedies where a suspended covenant is nonetheless enforced by a private party; such remedies would be governed by the Act and by property and contract law outside the Plan.

Enforcement actors and sources of enforcement authority

• The consent authority named in the Plan is the Council (cl 1.6). The Council is therefore the primary administrative actor in assessing compliance, issuing consents or refusing them, and imposing conditions. Where State environmental planning policies prevail, State bodies may play roles in enforcement or approvals (cl 1.9).
• For issues that involve other statutory regimes cited in the Plan, enforcement can arise under those Acts: for example the Heritage Act 1977, the Rural Fires Act 1997, or the Land Acquisition (Just Terms Compensation) Act 1991 are cited where they establish parallel duties or procedures (cl 5.10; cl 5.11; cl 5.1). The Plan therefore operates within a network of regulatory enforcement regimes.

Practical consequence for practitioners

• Because the Plan does not itself set out penalties, practitioners should expect enforcement and remedies to be pursued under the Environmental Planning and Assessment Act and regulations, and under the other Acts cited where relevant. The Plan’s primary enforcement mechanism is procedural: requirements to obtain development consent, to prepare specified documentation, to notify statutory bodies and to meet locational and technical requirements; failure to meet those requirements will typically manifest as an inability to lawfully carry out development and exposure to statutory compliance action under the Act.

In short, the Plan defines what is authorised and what is not, and delegates enforcement and sanctioning to the Act and to other statutory frameworks cited in the instrument. The Plan itself contains no standalone penalties schedule.

The Plan is drafted to operate inside a larger statutory and policy architecture. It explicitly references multiple State and Commonwealth instruments and incorporates cross‑references and carveouts.

Hierarchy and SEPPs

• The Plan is subject to State environmental planning policies that prevail under the Act (cl 1.9(1)). The Land Use Table notes a set of relevant SEPPs (for example State Environmental Planning Policy (Housing) 2021; SEPPs for Transport and Infrastructure, Resources and Energy, Resilience and Hazards, Industry and Employment, Primary Production) as potentially relevant to development on land to which the Plan applies (Land Use Table note). Therefore where a SEPP applies and prevails, the Plan’s controls may be displaced or modified by State policy.

Interaction with the Heritage Act and Aboriginal heritage processes

• Heritage items and conservation areas are an integral part of the Plan (cl 5.10; Schedule 5), but the Plan also cross‑references the Heritage Act 1977 when identifying where items are listed on the State Heritage Register or where interim heritage orders apply as exclusions for exempt development (cl 3.1(3)(d)). For archaeological sites and nominated State heritage items the consent authority must notify and consider the Heritage Council’s responses (cl 5.10(7), (9)). The Plan also requires local Aboriginal communities to be notified about development in places of Aboriginal heritage significance, and any responses must be considered by the consent authority (cl 5.10(8)).

Crown land and Crown instruments

• The suspension of covenants provision suspends private agreements insofar as necessary to enable development under the Plan but excludes relevant instruments under the Crown Land Management Act 2016 and other conservation instruments (cl 1.9A(1)-(2)). The clause preserves rights and interests of public authorities under registered instruments (cl 1.9A(3)). The Plan also recognises the use of existing Crown buildings and infrastructure development under SEPP (Transport and Infrastructure) (cl 5.12).

Local Government Act interactions

• The Plan enables the Council to classify and reclassify public land as operational land or community land in accordance with the Local Government Act 1993, and Schedule 4 lists land to be classified or reclassified (cl 5.2; Schedule 4). That has legal consequences for trust discharges and management under the Local Government Act (cl 5.2(5)).

Land acquisition and compensation

• For owner‑initiated acquisition under the Land Acquisition (Just Terms Compensation) Act 1991 the Plan identifies the relevant State authority to acquire particular reserved land types as shown on the Land Reservation Acquisition Map, for example Transport for NSW for classified roads and the corporation constituted under s 2.5 of the Act for regional open space (cl 5.1(1)-(2)).

Building Code, BASIX and the EP&A Regulation

• Exempt development must meet the relevant deemed‑to‑satisfy provisions of the Building Code of Australia (cl 3.1(3)(a)). The exceptions‑to‑standards clause excludes development standards that arise in connection with a BASIX certificate (cl 4.6(8)(b)), and the Environmental Planning and Assessment Regulation 2021 requires a document setting out grounds for contravening a standard where relevant (cl 4.6(3) Note).

Other sectoral Acts and policies

• The Plan cross references the Rural Fires Act 1997 for bush fire hazard reduction works that may be carried out without development consent (cl 5.11). Aquaculture provisions refer to the Fisheries Management Act 1994, the Marine Estate Management Act 2014 and the NSW Oyster Industry Sustainable Aquaculture Strategy and related aquaculture industry development plans (cl 5.19; Schedule 6). Intensive livestock rules reference Department of Primary Industries guidance approved by the Planning Secretary (cl 5.18(3)(h)). Flood planning refers to the Considering Flooding in Land Use Planning Guideline and the Flood Risk Management Manual (cl 5.21(4)-(5)).

Common law and property rights

• The Plan’s suspension of covenants provision affects private restrictions to the extent necessary to enable development permitted by the Plan, but subject to carveouts; it asserts that it does not affect rights or interests of public authorities under registered instruments (cl 1.9A(1), (2), (3)). It therefore interacts with common law property rights by temporarily overriding or suspending private restrictions for the purposes permitted in the Plan, but it contains explicit exclusions for some instruments.

Federal considerations

• Airspace and airport operations require consultation with the relevant Commonwealth body if a proposed development would penetrate Limitation or Operations Surfaces (cl 6.3(2)-(4)). That creates an interaction between the Plan and Commonwealth aviation approvals.

Practical effect

• Practitioners must navigate a layered consent and approval environment: local controls under this Plan, State SEPPs that may override, sectoral Acts that impose additional licences or authorisations, and Commonwealth approvals where applicable. The Plan therefore operates as a local layer embedded within a national and State system.

The Plan text contains embedded amendment annotations indicating updates to particular clauses and schedules. The instrument records the following amendment markers and notes where present in the text provided:

• Clause 1.8A (Savings provision relating to development applications) shows an amendment: "cl 1.8A: Am 2019 (621), Sch 5[1]". The savings provision itself now requires applications made before commencement to be determined as if the Plan had not commenced (cl 1.8A).
• Clause 1.9A (Suspension of covenants, agreements and instruments) is annotated "cl 1.9A: Am 2019 (621), Sch 5[2]-[4]". That provision allows suspension of covenants to enable development, with enumerated exclusions and preservation of public authority interests (cl 1.9A(1)-(3)).
• Clause 2.1 (Land use zones) includes an amendment note "cl 2.1: Am 2022 (828), Sch 1.5[1]". The zones listed include RU2, R1, E1, E4, MU1, SP1, SP2, SP3, RE1, RE2, C2, C4.
• The Land Use Table includes multiple amendment references: "Land Use tbl: Am 2016 (168), Sch 1 [2] [5]; 2017 (493), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2022 (314), Sch 1; 2022 (828), Sch 1.5[2]; 2023 (458), Sch 2.13." These footnotes indicate multiple rounds of amendments to the Land Use Table across years identified by those notations.
• Clause 4.2A (Erection of dual occupancies, dwelling houses and secondary dwellings on land in certain rural and conservation zones) is annotated "cl 4.2A: Am 2022 (828), Sch 1.5[3]-[5]".
• Clause 4.6 contains references to the Environmental Planning and Assessment Regulation 2021 in its notes concerning required documents where standards are contravened (cl 4.6(3) Note).
• Clause 5.4 (Controls relating to miscellaneous permissible uses) has an amendment note "cl 5.4: Am 2018 (406), Sch 1.22 [1] [2]". That clause sets floorspace caps for various home‑based and retail uses and introduces "Neighbourhood supermarkets" and other specific floor area limits (cl 5.4(7AA)).
• Clause 6.4 (Location of sex services premises) shows amendments "cl 6.4: Am 2017 (493), Sch 1.2 [1]; 2022 (828), Sch 1.5[6]".
• Schedule 1 (Additional permitted uses) carries amendment notes "sch 1: Am 2015 (698), cl 4 (1); 2016 No 27, Sch 2.5; 2017 (21), cl 5." Individual entries include parcel‑specific permissions.
• Schedule 2 (Exempt development) displays an amendment note "sch 2: Am 2022 (828), Sch 1.5[7]-[10]".
• Schedule 3 includes references to the State policy Schedule 6 to SEPP (Exempt and Complying Development Codes) 2008 where general complying development conditions apply.
• Multiple clauses refer to later published State guidance documents such as the Considering Flooding in Land Use Planning Guideline (cl 5.21(4)) and to the Flood Risk Management Manual published by the NSW Government (cl 5.21(5)).

The instrument’s visible amendment annotations indicate periodic updates to zone listings, specific use permissions and technical controls for types of development. The plan text includes footnote style amendment references that identify amending instruments by year and schedule item; those references should be checked against the official NSW legislation database for the exact amending instruments and dates when preparing a precise chronology.

Note on repeals and not adopted clauses

• The Plan also records repeals of prior local planning instruments (cl 1.8) and explicitly marks several clauses or parts as "Not adopted" (for example 4.3 Height of buildings, 4.4 Floor space ratio, 4.5 Calculation of floor space ratio and site area, 4.1AA Minimum subdivision lot size for community title schemes) or "Not applicable" (5.7 Development below mean high water mark). These designations indicate that particular standard provisions were not introduced into this LEP at the time of its making or successive amendments.

For a definitive legislative history, practitioners must consult the NSW legislation website and look up the specific amendment instruments cited in the footnotes recorded in the Plan text.

The Plan text provided contains no references to case law or judicial decisions. It does not record any litigation history, legal challenges or reported judicial interpretations within the instrument itself. The Plan repeatedly refers to the Act and to the need to comply with State policies and other Acts, but it does not include or summarise any appellate or judicial guidance on its clauses.

Practical implication for practitioners

• Because the Plan provides no in‑instrument litigation history or precedent, reliance on external jurisprudence is required to understand judicial interpretations of analogous LEP provisions, exceptions to standards, heritage tests, and SEPP interactions. Any judicially settled points concerning the Environmental Planning and Assessment Act or SEPPs that bear on issues such as the exceptions to development standards clause or heritage obligations will need to be drawn from case law under the Act and the SEPPs. Those materials are not contained in this Plan and must be referenced outside the instrument.

Where the Plan requires notification and consultation with statutory bodies (for example the Heritage Council or local Aboriginal communities), any disputes about adequacy of process or the legal effect of responses would be litigable under the general statutory framework, but the Plan itself does not document outcomes of such disputes.

If litigation precedents are material to a matter under this Plan, practitioners should identify judicial decisions under the Environmental Planning and Assessment Act and relevant SEPPs that address comparable issues, and cross‑check whether those authorities were considered when the Plan’s clauses were applied in contentious matters. The Plan itself contains no internal record of such litigation.

This Plan contains many specific traps for the unwary. Here are concrete points to watch, cited to the Plan.

1. Transitional protection for pre‑commencement applications (cl 1.8A)

• If a development application was lodged before this Plan commenced and not finally determined, it must be determined as if this Plan had not commenced (cl 1.8A). That can mean applicants with pending proposals avoid new constraints, and practitioners must check lodgement and determination dates carefully.

2. Suspension of private covenants with carveouts (cl 1.9A)

• The Plan can suspend agreements or covenants that restrict carrying out development permitted under the Plan to the extent necessary (cl 1.9A(1)), potentially enabling development contrary to private instruments. However, the clause excludes covenants imposed by Council and a list of conservation instruments (cl 1.9A(2)), and the rights of public authorities under registered instruments are preserved (cl 1.9A(3)). Do not assume all covenants are disapplied; check the exclusions.

3. Heritage scope can be broad (cl 5.10 and Schedule 5)

• Schedule 5 contains a very large inventory of heritage items and conservation areas. Demolition, exterior alterations, certain internal structural changes for specific items, erection of buildings on land where items are located, and subdivision in these areas require consent (cl 5.10(2)). The consent authority can require heritage management documents and conservation plans and notify the Heritage Council. Heritage consent processes can therefore be time consuming and require specialist reports.

4. Exempt development exclusions and technical tests (cl 3.1; Schedule 2)

• Exempt development under Schedule 2 still requires compliance with Building Code of Australia provisions, must not be designated development, and is excluded if on State Heritage Register items or interim heritage order sites (cl 3.1(2)-(3)(a),(c),(d)). Thus what looks like low‑impact work may still require consent.

5. Exceptions to standards require explicit demonstration and record (cl 4.6)

• The consent authority may grant consent even where a development contravenes a development standard only if the applicant shows compliance is unreasonable or unnecessary and there are sufficient environmental planning grounds (cl 4.6(2)-(3)). The consent authority must keep a record of the assessment (cl 4.6(4)). Some standards are excluded from this flexibility (cl 4.6(8)), for example complying development standards and BASIX-related standards.

6. Secondary dwelling and subdivision interactions (cl 2.6(2))

• There is a specific prohibition on granting consent for subdivision of land containing a secondary dwelling if the subdivision would place the secondary dwelling on a separate lot and the resulting lots would be below the minimum shown on the Lot Size Map (cl 2.6(2)). Practitioners must check lot sizes and the definition of secondary dwelling in the Dictionary.

7. Temporary use, restoration obligations and limits (cl 2.8)

• Temporary use consent is limited to 104 days in any 12 months unless specifically excluded (sales offices for new estates). Consent is conditioned on not prejudicing future uses, avoiding amenity impacts, and restoring the site at the end of the period (cl 2.8(2)-(3),(4),(5)).

8. Music controls for licensed premises (cl 5.20)

• Consent cannot be refused to licensed premises based on music genre, live or amplified performance, number of performers, dancing, or related matters (cl 5.20(1)). However the consent authority may still refuse on grounds of noise if it is not satisfied that noise can be managed and minimised to an acceptable level (cl 5.20(2)). This is a constrained right; applicants must be ready to demonstrate noise management.

9. Canal estate prohibition , wide definition (cl 2.9)

• Canal estate development is prohibited and is defined broadly to capture constructions involving inundated canals, erection of dwellings, use of fill or excavation to create waterways, and related drainage impacts (cl 2.9(2)). The definition extends to groundwater and surface water movement. Practitioners proposing waterfront development must check whether their proposal falls within the prohibition.

10. Airspace consultation and potential refusal (cl 6.3)

• If a proposed development will penetrate the airport Limitation or Operations Surface, the consent authority must consult the relevant Commonwealth body and must not grant consent where that body advises the development should not be constructed (cl 6.3(2)-(4)). Do not assume local approval is definitive for tall structures near Broken Hill Airport.

11. Intensive livestock thresholds and locational restrictions (cl 5.18(4)-(5))

• Certain small scale intensive livestock operations may be carried out without consent if they meet species and capacity thresholds and are located away from environmentally sensitive areas, natural watercourses, drinking water catchments, within prescribed separation distances from other farms and dwellings (cl 5.18(4)-(5)). But these thresholds are specific and vary by type of livestock; practitioners must check the precise numeric limits before assuming no consent is required.

12. Flood planning considerations and external guidance (cl 5.21)

• The Plan requires consent authorities to assess compatibility with flood function, evacuation capacity, climate change projections and relevant NSW guidance (Considering Flooding in Land Use Planning Guideline and the Flood Risk Management Manual) (cl 5.21(1)-(5)). Practitioners must reference those documents when preparing flood risk material.

13. Public land classification may discharge trusts (cl 5.2)

• Classification or reclassification as operational land can discharge trusts on reserves and change the status of land; approval of the Governor is required for some actions (cl 5.2(5)). This can have unexpected land management impacts.

14. Map reliance and electronic maps (cl 1.7)

• Maps adopted by the Plan are those approved by the local plan‑making authority and may be amended or replaced; maps may be provided in electronic form and are to be made publicly available (cl 1.7). Reliance on an up‑to‑date map in the Planning Portal is therefore necessary.

Each of these items has procedural or substantive consequences. Practitioners should map factual scenarios to specific clauses rather than relying on general practice.

This section sets out a practical checklist, steps and documentary workstreams to help applicants, planners and advisers comply with the Plan’s controls. Each step references the clause or schedule that imposes the requirement.

1. Establish zoning, lot size and applicable maps

• Check whether the land is within the Plan’s area by referencing the Land Application Map and the Land Zoning Map (cl 1.3; cl 2.2). Check the Lot Size Map where subdivision or dwelling erection is contemplated (cl 4.1; cl 4.2A). Confirm the up‑to‑date map version on the NSW Planning Portal as maps may be amended (cl 1.7).

2. Determine whether the proposal is permissible and what approval pathway applies

• Use the Land Use Table to determine if the use is permitted without consent, permitted with consent, or prohibited in your zone (cl 2.3; Land Use Table).
• If the proposal is a low impact matter, check Schedule 2 for exempt development criteria and cl 3.1. Verify Building Code of Australia compliance, heritage exclusions (cl 3.1(2)-(4)), and any local Council approvals required under other Acts (cl 3.1(3) note).
• For possible complying development, consult Schedule 3 and cl 3.2 to ensure the development meets the specified development standards and BCA provisions.

3. Check specialised industry controls

• If the proposal is aquaculture, follow cl 5.19 and Schedule 6 site and operational requirements. Confirm species, pond design, discharge and screening requirements in Schedule 6.
• For intensive livestock projects, review cl 5.18 for capacity thresholds and locational prohibitions. If consent is required, prepare material addressing odour, water pollution, soil degradation, animal welfare and relevant industry codes (cl 5.18(3)(a)-(h)).
• If you are proposing eco‑tourist facilities, prepare a management strategy and show connection to environmental and cultural values as required by cl 5.13.

4. Heritage and archaeological considerations

• If the site contains an item listed in Schedule 5 or is within a heritage conservation area, plan for development consent under cl 5.10. Expect to prepare heritage management documents or a heritage conservation management plan where requested by the consent authority (cl 5.10(5)-(6)). For archaeological sites (that are not State heritage items), the consent authority must notify the Heritage Council and consider any responses within 28 days (cl 5.10(7)). For Aboriginal places, notify local Aboriginal communities and take responses into account (cl 5.10(8)).

5. Prepare specialised technical assessments and compliance evidence

• For applications involving possible contraventions of development standards, prepare the required document demonstrating the matters in cl 4.6(3). Be ready to supply sufficient environmental planning grounds and to justify that compliance is unreasonable or unnecessary. The consent authority must keep a record of this assessment (cl 4.6(4)).
• For flood‑affected sites, provide flood impact and evacuation analysis in accordance with the Considering Flooding in Land Use Planning Guideline and the Flood Risk Management Manual referenced at cl 5.21(4)-(5).
• For earthworks, provide assessments that address drainage, soil stability, fill quality, destination of excavated material, proximity to waterways and potential to disturb relics (cl 6.1(3)(a)-(h)).

6. Consult statutory bodies where required

• If the proposed development will penetrate the Limitation or Operations Surface for Broken Hill Airport, consult the relevant Commonwealth body and be prepared to supply its advice to the Council; consent cannot be granted where that body advises against the construction (cl 6.3(2)-(4)).
• For heritage and Aboriginal place matters, notify the Heritage Council or local Aboriginal communities as required (cl 5.10(7)-(9)).

7. Check covenant suspension and title issues

• If a proposal relies on the Plan’s suspension of covenants (cl 1.9A), confirm whether the covenant is one of the exclusions listed in cl 1.9A(2). Confirm whether the covenant is registered and whether any public authority has protected interests preserved under cl 1.9A(3).

8. Address operational service requirements

• Demonstrate availability or arrangements for essential services, including water, electricity, sewage, stormwater drainage and vehicular access, as the consent authority must be satisfied these are available when required (cl 6.2).

9. Prepare documentation for temporary uses and restoration plans

• For temporary use applications under cl 2.8, limit the period to 104 days in any 12 months unless an exception applies, and provide measures ensuring the use will not prejudice future development and will be restored at the end of the period (cl 2.8(2)-(3),(5)).

10. Comply with sign and advertisement standards for exempt development

• For signage that may be exempt under Schedule 2, ensure content relates to lawful use, illumination rules in residential zones, area and height limits as specified in Schedule 2 (sch 2, Advertisements and advertising structures; sch.2‑sec‑oc.2 for real estate signs).

11. For licensed premises and music

• If applying for works associated with licensed premises, be aware that the consent authority must not refuse consent on grounds concerning music genre, performance type, dancing or associated decorative elements, provided noise can be managed to an acceptable level (cl 5.20(1)-(2)). Prepare a noise management plan showing how noise will be minimised.

12. Verify whether a pre‑commencement application regime applies

• If a development application predates the Plan, confirm the saving rule at cl 1.8A to determine whether the application should be assessed under the prior instrument.

13. Confirm public land classification implications

• If the proposal affects public land, check Schedule 4 and cl 5.2 for classification or reclassification consequences and whether approvals or Governor’s consent are required to discharge trusts (cl 5.2(4)-(5)).

14. Record keeping and procedural compliance

• Anticipate that council will record exceptional decisions (for example under cl 4.6) and keep material such as heritage management documents and environmental impact statements where relevant (cl 5.10(5); cl 4.6(4)). Ensure all required notifications, hours of work conditions, and complying development certificate conditions are addressed.

15. Check State policies and licences beyond the Plan

• Remember the Plan is subject to SEPPs and other Acts. Confirm whether a SEPP applies and whether other licences or permits (for example fisheries, water, Crown land licences) are needed beyond development consent (cl 1.9; cl 5.19 notes).

By following these steps and cross‑checking the specific clauses cited above, applicants and advisers can structure a compliance plan tailored to the proposal and minimise the risk of procedural refusal or the need for retrospective approval. Where uncertainty remains, early consultation with the Council and, where required, the Heritage Council, relevant State departments or the relevant Commonwealth body for airspace matters will reduce implementation risk.