Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
New South Wales regulation
**What this instrument does (mechanics first)
It is a local environmental plan that applies to land in the Clarence Valley area and sets the legal framework for land use and development on that land (cl 1.3). It is implemented by maps (zoning, lot size, height, heritage, etc.) that are part of the Plan (cl 1.7).
The Plan divides land into zones (e.g. RU1 Primary Production, R1 General Residential, E2 Commercial Centre, C2 Environmental Conservation, W4 Working Waterfront) and, for each zone, lists:
It sets the process and standards for development approvals: who decides (the Council is the consent authority subject to the Act — cl 1.6), when development consent is required (e.g. subdivision, demolition, most new buildings — cl 2.6, cl 2.7), and when development is exempt or can be approved as complying development (Part 3, cl 3.1–3.3 and Schedules 2–3).
The Plan contains a set of principal standards and local controls that directly affect projects, including minimum lot sizes and exceptions (cl 4.1, 4.1A, 4.1B), controls on strata and community title subdivisions (cl 4.1AA, 4.2C), building height (cl 4.3), and a clause allowing limited departures from standards where planning grounds exist (exceptions clause cl 4.6).
It includes many specialty/case-specific controls tying development to environmental or infrastructure constraints: flood planning and special flood considerations (cl 5.21–5.22), coastal risk planning (cl 7.5), acid sulfate soils (cl 7.1), earthworks (cl 7.2), riverbank erosion (cl 7.6), drinking water catchment protection (cl 7.7), heritage controls (cl 5.10 and Schedule 5), aquaculture rules (cl 5.19 and Schedule 6), and controls for rural uses (numerous clauses in Part 4 and Part 7).
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Clarence Valley Local Environmental Plan 2011.
Part 1 Preliminary
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
W3 Working Waterways
W4 Working Waterfront
cl 2.1: Am 2022 (829), Sch 1.5[1] [2].
Land Use Table
Note—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
State Environmental Planning Policy (Primary Production) 2021, Chapter 2
Land Use tbl: Am 2016 (591), Sch 1 [1]–[9]; 2016 (592), Sch 1 [1] [2]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2020 (102), Sch 1[1]; 2021 (714), Sch 10.4; 2022 (314), Sch 1; 2022 (343), Sch [1]–[3]; 2022 (829), Sch 1.5[3] [4]; 2023 (458), Sch 2.20; 2024 (368), Sch 1[1].
Zone RU1 Primary Production
Zone RU2 Rural Landscape
Zone RU3 Forestry
Zone R1 General Residential
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone R5 Large Lot Residential
Zone E1 Local Centre
Zone E2 Commercial Centre
Zone E3 Productivity Support
Zone E4 General Industrial
Zone SP1 Special Activities
Zone SP2 Infrastructure
Zone SP3 Tourist
Zone RE1 Public Recreation
Zone RE2 Private Recreation
Zone C1 National Parks and Nature Reserves
Zone C2 Environmental Conservation
Zone C3 Environmental Management
Zone W1 Natural Waterways
Zone W2 Recreational Waterways
Zone W3 Working Waterways
Zone W4 Working Waterfront
3 Permitted with consent
Agritourism; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat sheds; Cellar door premises; Cemeteries; Community facilities; Crematoria; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Health consulting rooms; Helipads; Intensive livestock agriculture; Intensive plant agriculture; Neighbourhood shops; Open cut mining; Recreation areas; Roads; Roadside stalls; Rural industries; Rural workers’ dwellings; Secondary dwellings; Signage; Veterinary hospitals; Water recreation structures
4 Prohibited
Any development not specified in item 2 or 3
Part 3 Exempt and complying development
Part 4 Principal development standards
Part 5 Miscellaneous provisions
5.1 Relevant acquisition authority
(1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note.
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
| Type of land shown on Map | Authority of the State | | Zone RE1 Public Recreation and marked “Local open space” | Council | | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act | | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW | | Zone SP2 Infrastructure and marked “Local classified road” | Council | | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |
(3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
Note.
If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister of Planning is required to take action to enable the designation of the acquiring authority under this Part. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning and Infrastructure (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991).
Part 6 Urban release areas
6.1 Arrangements for designated State public infrastructure
(1) The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.
(2) Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.
(3) Subclause (2) does not apply to—
(a) any lot identified in the certificate as a residue lot, or
(b) any lot to be created by a subdivision on land that was the subject of a previous development consent granted in accordance with this clause, or
(c) any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or
(d) a subdivision for the purpose only of rectifying an encroachment on any existing lot.
(4) This clause does not apply to land in an urban release area if all or any part of the land is in a region within the meaning of the Act, Division 7.1, Subdivision 4.
cl 6.1: Am 2019 (621), Sch 5[5]; 2023 (554), Sch 1.
Part 7 Additional local provisions
7.1 Acid sulfate soils
(1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.
(2) Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.
| Class of land | Works | | 1 | Any works. | | 2 | Works below the natural ground surface.Works by which the watertable is likely to be lowered. | | 3 | Works more than 1 metre below the natural ground surface.Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface. | | 4 | Works more than 2 metres below the natural ground surface.Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface. | | 5 | Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land. |
(3) Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.
(4) Despite subclause (2), development consent is not required under this clause for the carrying out of works if—
(a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and
(b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.
(5) Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—
(a) emergency work, being the repair or replacement of the works of the public authority required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,
(b) routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),
(c) minor work, being work that costs less than $20,000 (other than drainage work).
(6) Despite subclause (2), development consent is not required under this clause to carry out any works if—
(a) the works involve the disturbance of less than 1 tonne of soil, and
(b) the works are not likely to lower the watertable.
(7) Despite subclause (2), development consent is not required under this clause for the carrying out of works for the purpose of agriculture if—
(a) a contractual arrangement between the Sugar Milling Cooperative and a grower member of that cooperative for the production of sugar cane for milling is in force in respect of the land when the works are carried out, and
(b) the works are not carried out in respect of a major drain identified on the Acid Sulfate Soils Map, and
(c) the works are not carried out on land in Zone C2 Environmental Conservation or Zone C3 Environmental Management or on land identified as “coastal wetlands” on the Coastal Wetlands and Littoral Rainforests Area Map, within the meaning of State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 2, and
(d) the works are carried out in accordance with an irrigation and drainage management plan that—
(i) is prepared in accordance with the NSW Sugar Industry Best Practice Guidelines for Acid Sulfate Soils (2005) approved by the Director-General of the Department of Infrastructure, Planning and Natural Resources on 25 May 2005, and
Note.
The NSW Sugar Industry Best Practice Guidelines for Acid Sulfate Soils (2005) is available on the Department of Planning and Infrastructure’s website.
(ii) is endorsed by the Sugar Milling Cooperative as being appropriate for the land.
(8) In this clause—
Sugar Milling Co-operative means the New South Wales Sugar Milling Co-operative Limited (ACN 051 052 209) or its successor.
cl 7.1: Am 2017 (195), Sch 1 [1]; 2018 (106), Sch 2.4 [1]; 2022 (72), Sch 1.15; 2022 (829), Sch 1.5[5].
Schedule 1 Additional permitted uses
(Clause 2.5)
sch 1: Am 2013 (519), cl 4; 2015 (197), cl 4 (1) (2); 2016 (452), Sch 1 [2]–[4]; 2016 (785), cl 4; 2020 (657), cl 5; 2021 (796), cl 5; 2022 (163), cl 4; 2022 (829), Sch 1.5[10] [11]; 2025 (345), Sch 1.
2A Use of certain land at 14 Argyle Street, Maclean
(1) This clause applies to the land at 14 Argyle Street, Maclean being Lot 31, DP 627.
(2) Development for the purpose of a recreation facility (indoor) is permitted with development consent.
2B Use of certain land at 6 McLachlan Street, Maclean
(1) This clause applies to the land at 6 McLachlan Street, Maclean, being Lot 2, DP 719897.
(2) Development for the purpose of serviced apartments or residential flat buildings is permitted with development consent.
8 Use of certain land at 2 Schwonberg Street, Townsend
(1) This clause applies to Lot 2, DP 634170, 2 Schwonberg Street, Townsend, identified as “E” on the Additional Permitted Uses Map.
(2) Development for the purposes of a single highway service centre is permitted with development consent.
9 Use of certain land at 2 Short Street, Maclean
(1) This clause applies to Lot 2, DP 366148, 2 Short Street, Maclean.
(2) Development for the purposes of dwelling houses is permitted with development consent.
10 Use of land at 75–79 Spenser Street, Iluka
(1) This clause applies to part of Lot 11, DP 1269790, 75–79 Spenser Street, Iluka, identified as “F” on the Additional Permitted Uses Map.
(2) Development for the purposes of hotel or motel accommodation is permitted with development consent.
Schedule 2 Exempt development
(Clause 3.1)
Note 1.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2.
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
sch 2: Am 2022 (343), Sch 1[4]; 2022 (829), Sch 1.5[12]–[15].
Cemeteries or burial grounds
(1) Must only be—
(a) the creation of a new grave or monument, or
(b) an excavation or disturbance of land for the purpose of carrying out the conservation or repair of a monument or grave marker.
(2) Must not disturb human remains, relics in the form of grave goods or an Aboriginal place of heritage significance.
Home business for manufacture of food products or skin penetration procedures
(1) Must not involve building alterations, other than alterations that are exempt development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
(2) Must not result in an increase in the gross floor area of a building.
(3) Must be carried out only in association with an existing lawful dwelling.
(4) Must not result in a change of building classification under the Building Code of Australia.
(5) Must not have a gross floor area that exceeds 50m.
Signage
(1) Must not cover mechanical ventilation inlet or outlet vents.
(2) Must relate to a lawful use of the land.
(3) Business identification signs in residential, rural or conservation zones must comply with the following—
(a) maximum size—0.75m2,
(b) must not be illuminated,
(c) only 1 sign per premises or, where there are 2 street frontages, only 2 signs per premises,
(d) must be located wholly within property boundaries of the land to which the sign relates, or be flush mounted to the front fence or front wall of a building (so that the sign does not protrude beyond the physical limits of that fence or building).
(4) Business identification signs in Zone E1, E2 or E3 must not be illuminated and must comply with the following—
(a) in the case of a suspended under awning sign—
(i) maximum length—2.5m and maximum height—0.5m, and
(ii) maximum size—1.5m2, and
(iii) must be securely fixed by rigid metal supports, and
(iv) if over a public road, must be at least 2.6m above the ground or pavement level and not to extend beyond awning, and
(v) only 1 sign per premises,
(b) in the case of a flush wall sign—
(i) maximum size—8m2, and
(ii) must be securely fixed by rigid metal supports, and
(iii) must not project above the top of the wall to which it is attached,
(c) in the case of a top hamper sign—
(i) maximum size—2.5m2, and
(ii) must be securely fixed by rigid metal supports, and
(iii) must not extend below the level of the head of the doorway or window above which it is attached, and
(iv) must not be more than 3.7m above the ground level (existing).
(5) Business identification signs in Zone E4 or W4 must comply with the following—
(a) maximum size—8m2,
(b) must be securely fixed to a building or fence,
(c) must not be illuminated.
(6) Directional signs, name plates, community information signs and law enforcement signs erected by public authorities and erected over a public road must be at least 0.6m from the vertical projection of the kerb line, and suspended at least 2.6m above ground level (existing).
(7) Real estate signs advertising that the premises on which they are displayed are for sale or lease must comply with the following—
(a) maximum size in residential zones—2.5m2,
(b) maximum size in employment zones or Zone W4 Working Waterfront—4.5m2,
(c) must be located wholly within the property boundaries of the land to which the sign relates or, if on the footpath, be flush against the property boundary,
(d) must not be erected on public land.
(8) Building identification signs must comply with the following—
(a) maximum size—0.75m2,
(b) must not be illuminated,
(c) must be located wholly within the property boundaries of the land to which the sign relates or be flush mounted to the front fence or front wall of a building (so that the sign does not protrude beyond the physical limits of that fence or building),
(d) only 1 sign per premises (or, where there are 2 street frontages, only 2 signs per premises).
(9) Temporary signs must comply with the following—
(a) maximum size—0.75m2,
(b) the sign must not be erected over a public road,
(c) where the sign is located on a public road reserve, the placement of the sign must not obstruct vehicular and/or pedestrian passage,
(d) the top of the sign must not exceed 2.4m above ground level (existing),
(e) must only announce an event of a religious, educational, cultural, political, social or recreational character or relate to a temporary matter in connection with the event,
(f) must not include advertising of a commercial nature (except for the name of the event’s sponsor which is not to exceed 25% of the area of the sign),
(g) must not be displayed earlier than 28 days before the day on which the event is to take place or commence and must be removed within 14 days after the completion of the event,
(h) must not be more than 5 signs per event,
(i) the sign must not be fixed to any building or structure without the permission of the owner (including, in the case of public infrastructure, the permission of the relevant authority).
(10) Signs on motor vehicles must comply with the following—
(a) the sign must be integral part of the vehicle,
(b) the vehicle must be able to be moved lawfully with the sign in place,
(c) the vehicle must not be standing unattended on public land only for the purposes of displaying the sign.
Water recreation structures
(1) Must only be erected on canals and waterways in Yamba that are within Zone R2 Low Density Residential or W2 Recreational Waterways.
(2) Must be structurally adequate.
(3) Jetties (including any pontoons) must have a maximum length of 13m.
(4) Pontoons must have a maximum width of 8m.
Waste storage containers (such as a skip bins) on public land
(1) Only 1 container per property.
(2) Maximum length—3m.
(3) Must be subject to a minimum of $10 million public liability or risk insurance cover.
(4) Maximum of 14 days for container to be on public land, from the date of placement.
Schedule 3 Complying development
(Clause 3.2)
Note.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
sch 4: Am 2014 (671), cl 4 (1) (2); 2017 (3), cl 5; 2018 (250), cl 5; 2019 (183), Sch 1; 2021 (530), cl 4; 2022 (659), cl 4; 2024 (146), Sch 1; 2024 (184), Sch 1.
Schedule 5 Environmental heritage
(Clause 5.10)
sch 5: Am 2012 (519), Sch 1 [1] [2]; 2013 No 47, Sch 2.6; 2014 (33), Sch 1 [1]–[4]; 2015 (198), cl 5; 2017 (195), Sch 1 [2]–[11]; 2018 (206), cl 5 (1)–(4); 2020 (4), cl 5(1) (2); 2020 (782), Sch 1[1] [2]; 2022 (343), Sch 1[5]–[14]; 2024 (368), Sch 1[4] [5].
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Division 1 Site location requirements
Division 2 Operational requirements
11 Culture water
Must use freshwater.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1.1 Name of Plan
This Plan is Clarence Valley Local Environmental Plan 2011.
1.1AA Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in Clarence Valley in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
(2) The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to encourage and enable the sustainable use, development and management of natural and man-made resources, including agricultural land resources and productive rural lands,
(b) to limit dispersed rural settlement,
(c) to provide a mix of housing, including affordable housing, to meet the needs of the community,
(d) to protect areas of high ecological, scientific, cultural or aesthetic value,
(e) to provide adequate access and services to development carried out in accordance with this Plan,
(f) to maintain the character of villages and towns,
(g) to conserve items and areas of environmental and cultural heritage,
(h) to provide a hierarchy of business/retail centres,
(i) to identify land for industrial and business development that provides opportunities for employment,
(j) to protect key infrastructure and ensure adequate integration of infrastructure and development,
The Plan makes administrative arrangements: it repeals previous local environmental plans applying to the area (cl 1.8), preserves savings for development applications lodged before commencement (cl 1.8A), identifies the relevant State authority for owner-initiated acquisition (cl 5.1), and allows the Council to classify/reclassify public land (cl 5.2 and Schedule 4).
It also contains some enabling and limiting provisions with practical effects: temporary uses of land (28 days cap — cl 2.8), a suspension rule that (to a limited extent) lifts private covenants that conflict with the Plan (cl 1.9A), and an explicit rule that consent must not be refused on certain music/entertainment grounds for licensed premises if noise can be managed (cl 5.20).
Why it matters (official aims then practical implications)
Officially the Plan is intended to implement local planning objectives such as protecting agricultural land, conserving environmental and cultural heritage, providing housing (including affordable housing), defining retail/industrial hierarchies, and protecting infrastructure and flood-prone areas (cl 1.2).
Practically, the Plan determines what owners can do with land (use rights), whether a development application or a simpler certificate is needed, the technical standards developments must meet (lot sizes, heights, floor area limits for certain uses), and the approval information the Council will require (e.g. heritage management documents, acid sulfate soils management plans, flood risk assessments).
Who this affects
Key compliance and administrative features that change behaviour or impose costs
Consent burden and information requirements: many developments require a development application with specific technical studies (heritage management plans cl 5.10(5)–(6); acid sulfate soils management plans cl 7.1(3); flood and coastal risk assessments cl 5.21–5.22). That raises up-front compliance costs and professional fees.
Limits on subdivision and dwelling entitlements: minimum lot sizes, exceptions for certain split-zoned lots, restrictions on creating additional dwelling entitlements (clauses 4.1, 4.1A, 4.1B, 4.2B, 4.2C) constrain how landowners can extract value through subdivision or strata titling.
Environmental and hazard constraints: flood planning, coastal risk, riverbank erosion, acid sulfate soils and drinking water catchment protections (cl 5.21, cl 5.22, cl 7.6, cl 7.1, cl 7.7) can preclude or greatly condition development in affected areas and require mitigation or relocation provisions.
Discretion and flexibility: cl 4.6 permits the consent authority to accept a contravention of a development standard where the applicant demonstrates it is unreasonable or unnecessary to comply, but the clause lists exclusions and limits (notably for certain rural subdivisions). This grants discretionary power to the Council but includes record-keeping requirements (cl 4.6(3)–(4)).
Some deregulatory elements: exempt and complying development paths (Part 3 and Schedules 2–3) reduce approval time/cost for low-impact works; Schedule 2 lists locally specific exempt items (e.g. small signs, jetties in Yamba, skip bins on public land subject to conditions).
Trade-offs, incentives and implementation risks (brief testing of purpose-claims)
Preservation vs development opportunity cost: minimum lot sizes, heritage listings (Schedule 5) and environmental constraints protect public goods (scenic, ecological and cultural values — cl 1.2, cl 5.10, cl 7.1) but limit private development opportunities and reduce potential densification or subdivision-derived gains.
Concentrated benefits and targeted permissions: Schedule 1 contains site‑specific additional permitted uses (e.g. seniors housing at 206 Arthur Street, Grafton — Sch 1 cl 1). Those deliver concentrated benefits to particular landowners while imposing no general entitlement change for others; they require careful transparency and justification.
Administrative costs and uncertainty for applicants: the Plan relies on many external technical guides and other instruments (State Environmental Planning Policies, Basin/Coastal/Flood guidelines, Fisheries/Aquaculture plans). That can increase the complexity of applications and create dependence on up-to-date maps and guidance (see cl 1.7, cl 5.21(4)–(5), cl 5.19(7)).
Discretionary decision-making and capture risk: broad consent powers (e.g. cl 2.3(2), cl 4.6) mean Council judgement is central. That enables adaptable outcomes but raises risk that decisions vary between applicants and over time; the Plan partially mitigates this by prescribing matters the consent authority must consider in many clauses.
Infrastructure sequencing and developer obligations in urban release areas: Part 6 requires infrastructure arrangements and development control plans prior to intensive subdivision (cl 6.1–6.3). That shifts the timing and cost of infrastructure provision and can constrain piecemeal development until servicing is arranged.
Practical red flags for users (what to check before acting)
Primary legal references inside the Plan: see clauses 1.2 (aims), 1.6 (consent authority), 2.1–2.3 (zones & uses), 3.1–3.3 (exempt/complying development), 4.1–4.6 (subdivision & development standards), 5.10 (heritage), 5.19–5.22 (aquaculture and flood planning), and Part 6 (urban release infrastructure and DCP requirements).
(k) to maintain or improve the natural conservation and scenic amenity values of the land, including significant habitat areas and wildlife corridors.
1.3 Land to which Plan applies
This Plan applies to the land identified on the Land Application Map.
1.4 Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5 Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7 Maps
(1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(1AA) (Repealed)
(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4) For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
1.8 Repeal of planning instruments applying to land
(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
Note.
The following local environmental plans are repealed under this provision—
Copmanhurst Local Environmental Plan 1990
Grafton Local Environmental Plan 1988
Maclean Local Environmental Plan 2001
Nymboida Local Environmental Plan 1986
Ulmarra Local Environmental Plan 1992
(2) All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
Note.
The Richmond River Local Environmental Plan 1992 ceases to apply to land to which this Plan applies as a consequence of this Plan.
1.8A Savings provision relating to development applications
(1) If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
Note.
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
(2) To avoid doubt, the amendment of this Plan by Clarence Valley Local Environmental Plan 2011 (Amendment No 25) applies to the determination of a development application made (but not finally determined) before the commencement of that amendment.
(3) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.
cl 1.8A: Am 2016 (452), Sch 1 [1]; 2019 (621), Sch 5[1]; 2023 (609), Sch 1.1[1].
1.9 Application of SEPPs
(1) This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
(2) The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
cl 1.9: Am 2016 (310), Sch 4.6.
1.9A Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2) This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
(3) This clause does not affect the rights or interests of any public authority under any registered instrument.
(4) Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2019 (621), Sch 5[2]–[4].
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
W3 Working Waterways
W4 Working Waterfront
cl 2.1: Am 2022 (829), Sch 1.5[1] [2].
2.2 Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3 Zone objectives and Land Use Table
(1) The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3) In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4) This clause is subject to the other provisions of this Plan.
Notes.
1
Schedule 1 sets out additional permitted uses for particular land.
2
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
3
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4
Clause 2.6 requires consent for subdivision of land.
5
Part 5 contains other provisions which require consent for particular development.
2.4 Unzoned land
(1) Development may be carried out on unzoned land only with development consent.
(2) In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5 Additional permitted uses for particular land
(1) Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2) This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6 Subdivision—consent requirements
(1) Land to which this Plan applies may be subdivided, but only with development consent.
Notes.
(2) Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note.
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
1
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
2.7 Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
2.8 Temporary us
This is an opening excerpt, not the complete document.