This Plan sets the local planning rules that apply to land shown on its maps in Coffs Harbour, replacing earlier local environmental plans and establishing what development is allowed, what approvals are needed and what technical and environmental standards must be met. The Council is the consent authority; landowners and developers pay compliance costs, must obtain consents or meet complying‑development tests, and will need to adjust designs and operations to meet heritage, flood, aquaculture and other controls.
This instrument is the Coffs Harbour Local Environmental Plan 2013 (the Plan). Mechanically, it sets the land‑use framework for the Coffs Harbour local government area by doing the following (all references are to clauses in the Plan as provided):
Establishes the Plan’s name, commencement and scope (cl 1 Name and cl 1.1AA Commencement) and identifies the Council as the consent authority for the Plan (cl 1.6). The Plan applies to land shown on the Land Application Map (cl 1.3).
Prescribes a zoning regime and a Land Use Table that determines what development is permitted without consent, permitted only with consent, or prohibited in each zone (Part 2, cl 2.1-2.3 and the Land Use Table).
Controls principal development standards including minimum subdivision lot sizes (cl 4.1 and related clauses), building height (cl 4.3) and floor space ratio (cl 4.4), together with rules for calculating site area and floor space (cl 4.5).
Sets out processes and categories for exempt and complying development (Part 3, cl 3.1-3.3 and Schedules 2 and 3), and identifies environmentally sensitive areas where exempt/complying development is excluded (cl 3.3).
Imposes a range of overlay‑style local provisions that must be considered before granting consent: acid sulfate soils (cl 7.1), earthworks (cl 7.2), terrestrial biodiversity (cl 7.4), drinking water catchments (cl 7.5), riparian land (cl 7.6), koala habitat (cl 7.8), airspace/aircraft noise (cl 7.9-7.10), design excellence requirements (cl 7.12), flood planning and special flood considerations (cl 5.21-5.22) and others (Part 7).
Includes site‑specific additional permitted uses (Schedule 1) and specific exempt development items and standards (Schedule 2). It also contains detailed technical requirements for pond/tank aquaculture (Schedule 6).
Current sections
Direct links to the current provisions in Coffs Harbour Local Environmental Plan 2013.
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
Agriculture; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Business identification signs; Camping grounds; Cellar door premises; Cemeteries; Centre-based child care facilities; Community facilities; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Helipads; High technology industries; Home businesses; Home industries; Industrial training facilities; Information and education facilities; Jetties; Kiosks; Landscaping material supplies; Moorings; Neighbourhood shops; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Rural industries; Rural supplies; Turf farming; Water recreation structures; Water supply systems
4
Prohibited
4 Prohibited
4 Prohibited
Any development not specified in item 2 or 3
Part 3
Exempt and complying development
Part 3 Exempt and complying development
Part 3 Exempt and complying development
Part 4
Principal development standards
Part 4 Principal development standards
Part 4 Principal development standards
Part 5
Miscellaneous provisions
Part 5 Miscellaneous provisions
Part 5 Miscellaneous provisions
5
Relevant acquisition authority
5 Relevant acquisition authority
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 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 for Planning and Infrastructure is required to take action to enable the designation of the acquiring authority under this clause. 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
Part 6 Urban release areas
Part 6 Urban release areas
6
Arrangements for designated State public infrastructure
6 Arrangements for designated State public infrastructure
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 of 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.
(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.
Use of certain land at Orlando Street, Coffs Harbour
9 Use of certain land at Orlando Street, Coffs Harbour
9 Use of certain land at Orlando Street, Coffs Harbour
(1) This clause applies to land at Orlando Street, Coffs Harbour, being Lot 1, DP 880421, shown as “9” on the Additional Permitted Uses Map.
(2) Development for the purpose of specialised retail premises is permitted with development consent.
10
Use of certain land fronting Grafton Street, Coffs Harbour
10 Use of certain land fronting Grafton Street, Coffs Harbour
10 Use of certain land fronting Grafton Street, Coffs Harbour
(1) This clause applies to land fronting Grafton Street, Coffs Harbour, being Part Lot 356 and Lots 417 and 436, DP 752817, Lot B, DP 373842, Lot 42, DP 778610, Lot 1 and Part Lot 2, DP 801025 and Part Lot 1, DP 863323, shown as “10” on the Additional Permitted Uses Map.
(2) Development for the purpose of shops not exceeding 750m2 gross floor area for each premises is permitted with development consent.
10A
Use of certain land fronting Pacific Highway, Coffs Harbour
10A Use of certain land fronting Pacific Highway, Coffs Harbour
10A Use of certain land fronting Pacific Highway, Coffs Harbour
(1) This clause applies to land fronting Pacific Highway, Coffs Harbour, being Part Lot 4, DP 270533 (the “Big Banana” site), shown as “10A” on the Additional Permitted Uses Map.
(2) Development for the purpose of shops with a maximum of 500m2 gross floor area per shop (limited to 2 shops only) and 200m2 gross floor area per shop (for all other shops), and a total gross floor area not exceeding 2,500m2, is permitted with development consent.
11
11
11 (Repealed)
12
Use of certain land at Stadium Drive, Coffs Harbour
12 Use of certain land at Stadium Drive, Coffs Harbour
12 Use of certain land at Stadium Drive, Coffs Harbour
(1) This clause applies to land at Stadium Drive, Coffs Harbour, being Lots 2 and 3, DP 1037158, shown as “12” on the Additional Permitted Uses Map.
(2) Development for the purpose of shops with a maximum of 200m2 gross floor area per shop and a total gross floor area not exceeding 2,000m2 is permitted with development consent.
13
Use of certain land at West High Street, Coffs Harbour
13 Use of certain land at West High Street, Coffs Harbour
13 Use of certain land at West High Street, Coffs Harbour
(1) This clause applies to land at West High Street, Coffs Harbour, being Lot 11, DP 604678, shown as “13” on the Additional Permitted Uses Map.
(2) Development for the purpose of office premises is permitted with development consent.
14
Use of certain land at Daniels Road, Coramba
14 Use of certain land at Daniels Road, Coramba
14 Use of certain land at Daniels Road, Coramba
(1) This clause applies to land at Daniels Road, Coramba, being Lots 92 and 93, DP 752818, shown as “14” on the Additional Permitted Uses Map.
(2) Development for the purpose of a dwelling house is permitted with development consent.
15
Use of certain land at Priors Road, Coramba
15 Use of certain land at Priors Road, Coramba
15 Use of certain land at Priors Road, Coramba
(1) This clause applies to land at Priors Road, Coramba, being Lot 261, DP 612081, shown as “15” on the Additional Permitted Uses Map.
(2) Development for the purpose of a dwelling house is permitted with development consent.
16
Use of certain land at Pacific Highway, Emerald Beach
16 Use of certain land at Pacific Highway, Emerald Beach
16 Use of certain land at Pacific Highway, Emerald Beach
(1) This clause applies to land at Pacific Highway, Emerald Beach, being Lot 58, DP 1143405, shown as “16” on the Additional Permitted Uses Map.
(2) Development for the purpose of a dwelling house is permitted with development consent.
17
Use of certain land at North Bonville Road, North Bonville
17 Use of certain land at North Bonville Road, North Bonville
17 Use of certain land at North Bonville Road, North Bonville
(1) This clause applies to land at North Bonville Road, North Bonville, being Part Lot 101, DP 881242, shown as “17” on the Additional Permitted Uses Map.
(2) Development that is associated with the operation of the Bonville Golf Resort and for the purposes of—
(a) shops (with a maximum of 200m2 gross floor area per shop and a total gross floor area not exceeding 2,000m2) and associated car parks, and
(b) business premises and office premises (with a maximum of 200m2 gross floor area for each premises and a total gross floor area not exceeding 3,000m2) and associated car parks,
is permitted with development consent.
17A
Use of certain land at 5 Craft Close, Toormina
17A Use of certain land at 5 Craft Close, Toormina
17A Use of certain land at 5 Craft Close, Toormina
(1) This clause applies to land at 5 Craft Close, Toormina, being Lot 3, DP 735083, shown as “17A” on the Additional Permitted Uses Map.
(2) Development for the purpose of a centre-based child care facility is permitted with development consent.
18
Use of certain land at Pullen Street, Woolgoolga
18 Use of certain land at Pullen Street, Woolgoolga
18 Use of certain land at Pullen Street, Woolgoolga
(1) This clause applies to land at Pullen Street, Woolgoolga, being Lot 500, DP 776362 and Lot 1, DP 579511, shown as “18” on the Additional Permitted Uses Map.
(2) Development for the purpose of a shop (supermarket only, being a single self-service store retailing food and household products), not exceeding 3,850m2 gross floor area is permitted with development consent.
19
Use of certain land at Pine Creek Way, Bonville
19 Use of certain land at Pine Creek Way, Bonville
19 Use of certain land at Pine Creek Way, Bonville
(1) This clause applies to land at Pine Creek Way, Bonville, being Lot 1, DP 1208609, shown as “19” on the Additional Permitted Uses Map.
(2) Development for the purpose of a caravan park is permitted with development consent.
Use of certain land at Hamilton Drive, Boambee East
20 Use of certain land at Hamilton Drive, Boambee East
20 Use of certain land at Hamilton Drive, Boambee East
(1) This clause applies to land at 1 Hamilton Drive, Boambee East, being Lot 1, DP 777555, shown as “20” on the Additional Permitted Uses Map.
(2) Development for the purpose of landscaping material supplies is permitted with development consent.
(3) The consent authority must not consent to development referred to in subclause (2) unless conditions are imposed to the effect that—
(a) the development is to cease no later than 30 years after the date on which development consent is first granted in respect of the development, and
(b) the infrastructure and materials associated with landscaping material supplies are to be removed from that part of Zone C2 that lies outside of the land to which this clause applies in accordance with the Voluntary Planning Agreement and the Vegetation Management Plan that apply to Lot 1, DP 777555, 1 Hamilton Drive, Boambee East.
21
Use of certain land at North Boambee Road, North Boambee Valley
21 Use of certain land at North Boambee Road, North Boambee Valley
21 Use of certain land at North Boambee Road, North Boambee Valley
(1) This clause applies to land at 6, 6A, 6B and 10 North Boambee Road, North Boambee Valley, being Lot 3, DP 1022408 and Lots 120–122, DP 1184992, shown as “21” on the Additional Permitted Uses Map.
(2) Development for the purpose of a vehicle sales or hire premises is permitted with development consent.
(3) Development consent must not be granted under subclause (2) after 5 years from the commencement of Coffs Harbour Local Environmental Plan 2013 (Amendment No 12) for development on land at 6B or 10 North Boambee Road, North Boambee Valley, being Lot 3, DP 1022408 and Lot 120, DP 1184992.
22
Use of certain land at Hulberts Road, Toormina
22 Use of certain land at Hulberts Road, Toormina
22 Use of certain land at Hulberts Road, Toormina
(1) This clause applies to Lot 13, DP 1109077, Hulberts Road, Toormina, shown as “22” on the Additional Permitted Uses Map.
(2) Development for the purposes of specialised retail premises that are premises at which shipping containers are hired is permitted with development consent.
23
Use of land at 4/4A Bray Street, Coffs Harbour
23 Use of land at 4/4A Bray Street, Coffs Harbour
23 Use of land at 4/4A Bray Street, Coffs Harbour
(1) This clause applies to land at Lots 3 and 4, DP 825181, 4/4A Bray Street, Coffs Harbour.
(2) Development for the following purposes is permitted with development consent—
(a) for land at Lot 3, DP 825181—a single retail premises, if the consent authority is satisfied that the retail premises will be used for the purposes of a drive-through bottle shop,
(b) for land at Lot 4, DP 825181—a single pub.
(3) In this clause—
bottle shop means a licensed premises, within the meaning of the Liquor Act 2007, the principal purpose of which is the retail sale of liquor in sealed containers for consumption away from the premises.
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.
Cemeteries or burial grounds that are not heritage items
sch.2-sec Cemeteries or burial grounds that are not heritage items
Cemeteries or burial grounds that are not heritage items
(1) Must only be—
(a) the creation of a grave or monument in a cemetery or burial ground, or
(b) an excavation or disturbance of land for the purpose of carrying out the conservation or repair of a monument or grave marker in an existing approved cemetery or burial ground.
(2) Must not disturb human remains, relics in the form of grave goods or a place of Aboriginal heritage significance.
sch.2-sec-oc.2
Charity bins
sch.2-sec-oc.2 Charity bins
Charity bins
Maximum bins in any single location—2.
sch.2-sec-oc.3
Lighting (external)
sch.2-sec-oc.3 Lighting (external)
Lighting (external)
(1) Must not be for the lighting of tennis courts or sports fields.
(2) Must not cause glare to adjoining properties or streets.
(3) Must not result in adverse physical and visual impacts on heritage items.
sch.2-sec-oc.4
Signage
sch.2-sec-oc.4 Signage
Signage
(1) Business identification signs in a residential, rural or conservation zone must comply with the following—
(a) Maximum—1 sign per premises,
(b) maximum size in a residential zone—1m2,
(c) maximum size in a rural or conservation zone—1.5m2,
(d) must not be illuminated,
(e) 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 if the sign does not protrude beyond the physical limits of that fence or building,
(f) must not be attached to a heritage item or be located in a heritage conservation area.
(2) Business identification signs in Zone E1, E2, E3 or MU1, 1 sign per premises must not be attached to a heritage item or be in a heritage conservation area and must comply with the following requirements—
(a) suspended under awning sign—
(i) maximum length—2.5m, 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 at least 0.6m from the vertical projection of the kerb or roadway line,
(b) vertical or horizontal projecting wall sign—
(i) maximum size—2.5m2, and
(ii) must be securely fixed by rigid metal supports, and
(iii) if over a public road—must be suspended at a height not less than 2.6m above the ground or pavement level and at least 0.6m from the vertical projection of the kerb or roadway line,
(c) flush wall sign—
(i) maximum size—2.5m2, 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,
(d) 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),
(e) signs on building walls—
(i) maximum height—3m above ground level (existing) on front and side walls, and
(ii) maximum display area—50% of the area of the wall.
(3) Business identification signs in Zone E4, E5 or W4 must comply with the following requirements—
(a) maximum size—1m2 per metre of frontage, up to 10m2,
(b) must be securely fixed by rigid metal supports.
(4) Real estate signs advertising that the premises on which they are displayed are for sale or lease must comply with the following requirements—
(a) maximum size in residential zones—3m2,
(b) maximum size in employment or mixed use zones or Zone W4—4m2,
(c) maximum—2 signs per premises,
(d) 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,
(e) must not be displayed for more than 7 days after the commencement of the letting or settlement for the sale of the property is completed,
(f) must not be erected on public land.
(5) Building identification signs must comply with the following—
(a) maximum—1 sign per premises,
(b) maximum size—1m2 in a residential zone and 1.5m2 in all other zones,
(c) maximum height—1.8m in a residential, rural or conservation zone,
(d) must not be illuminated in a residential, rural or conservation zone,
(e) 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 if the sign does not protrude beyond the physical limits of that fence or building,
(f) must not be attached to a heritage item or be located in a heritage conservation area.
(6) School signs must comply with the following—
(a) maximum size—0.75m2,
(b) minimum distance apart—3.5m,
(c) maximum height to top of sign—1.5m above ground level (existing),
(d) must relate to the school,
(e) maximum—6 signs per street frontage,
(f) must not be attached to a heritage item or be located in a heritage conservation area.
sch.2-sec-oc.5
Waste management facility (roofed bin storage/wash area)
sch.2-sec-oc.5 Waste management facility (roofed bin storage/wash area)
Waste management facility (roofed bin storage/wash area)
(1) Maximum area—10m2.
(2) Must be located behind the building setback line.
(3) Maximum—1 per property.
(4) Roof water must be disposed of without causing a nuisance to adjoining properties.
(5) Must not discharge into Council’s stormwater drainage system.
(6) Must not involve the clearing of bushland in Zone C1, C2 or C3.
(7) Must not be attached to a heritage item.
(8) Must not be located in a heritage conservation area.
This Plan is Coffs Harbour Local Environmental Plan 2013.
1 Commencement
1 Commencement
1.1AA Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
1 Aims of Plan
1 Aims of Plan
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in Coffs Harbour 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 promote a sustainable growth footprint by directing urban development and growth into the existing urban footprint and identified greenfield investigation areas,
(b) to protect and sustainably manage areas of high biodiversity, agricultural, scenic, recreational and European and Aboriginal cultural heritage value,
(c) to reinforce the Coffs Harbour City Centre as the principal business, office, cultural, civic, entertainment and retail hub, while supporting the objectives of Zones E1, E2, E3 and MU1,
(d) to reinforce the Coffs Harbour local government area business centres hierarchy to maintain the primacy of the Coffs Harbour City Centre and provide for a range of employment opportunities in appropriate locations,
(e) to provide for active living and connectivity by providing healthy, walkable and green built environments, including quality public open space and community facilities and walkable local streets,
(f) to provide for development that supports tourism in appropriate locations,
(g) to create a highly liveable city, through the promotion of design excellence in all elements of the built environment and public domain,
Provides procedural and interactional rules: savings for development applications made before commencement (cl 1.8A), suspension of private covenants to the extent necessary for development permitted by the Plan (cl 1.9A), and the primacy of State environmental planning policies where they prevail (cl 1.9).
Official rationale language appears in the Plan’s aims (cl 1.2), which list objectives such as directing growth to the urban footprint, protecting biodiversity and heritage, reinforcing the City Centre, encouraging design excellence and delivering housing diversity. Those aim statements are the Plan’s stated purposes; the instrument implements them by a matrix of zones, development lists, overlay restrictions and procedural requirements. For example, the aim to “reinforce the Coffs Harbour City Centre” is operationalised through City Centre‑focussed objectives in the E2 and E1 zones and by design and floor‑space controls (see cl 2.3, Land Use Table entries and cl 7.13).
Mechanically the Plan creates a rules‑based system: maps and tables determine baseline permissibility; where consent is required the consent authority (the Council) must consider specified factors and may impose conditions or refuse consent. Many obligations are expressed as preconditions to granting consent (for example, acid sulfate soils management plans under cl 7.1(3); design excellence under cl 7.12(3); flood planning considerations under cl 5.21(2)).
The Plan delegates substantial discretionary assessment work to the consent authority (numerous clauses require the consent authority to be “satisfied” about matters) while also creating some certainties (minimum lot sizes, maximum heights as shown on maps, prescribed exempt/compliant development standards in Schedules 2-3).
Main concepts
The Plan’s dominant organising concepts are zoning, mapped development standards, overlay constraints and site‑specific exceptions. Key concepts and how the Plan implements them:
Zoning and Land Use Table (cl 2.1-2.3; Land Use Table): Zoning classes are listed (R, E, RU, MU, SP, RE, C, W). The Land Use Table paired with zone objectives specifies for each zone what is: permitted without consent, permitted with consent and prohibited. The consent authority must have regard to zone objectives when assessing applications (cl 2.3(2)). The Plan also allows additional permitted uses for particular mapped lots (cl 2.5; Schedule 1).
Maps and spatial controls (cl 1.7; cl 2.2; numerous references): The Plan delegates many key standards to maps (Land Zoning Map, Lot Size Map, Height of Buildings Map, Floor Space Ratio Map, Terrestrial Biodiversity Map, Riparian Lands and Watercourses Map, Heritage Map, Sun Access Protection Map, Land Reservation Acquisition Map). The text alone does not determine permissibility without consulting the maps (cl 1.7(1) and cl 2.2).
Development consent as gatekeeper: The Plan specifies many actions that require development consent (e.g., subdivision cl 2.6, demolition cl 2.7, development below mean high water mark cl 5.7, many local provisions in Part 7). Where development is exempt or complying, Schedules 2 and 3 and cl 3.1-3.2 set the conditions.
Overlay‑style environmental and hazard controls (Part 7; cl 5.21-5.22): the Plan requires the consent authority to be satisfied of particular environmental/hazard outcomes for certain land (e.g., biodiversity cl 7.4, riparian cl 7.6, acid sulfate soils cl 7.1, flood planning cl 5.21). These are not mere matters for consideration but in many cases are threshold constraints to consent (e.g., cl 7.1(3) requires an acid sulfate soils management plan).
Development standards and exceptions (Part 4): minimum lot sizes (cl 4.1 and related clauses 4.1AA-4.2D), building heights (cl 4.3), floor space ratios and their calculation (cl 4.4-4.5). Clause 4.6 provides the process for exceptions to development standards subject to demonstrating unreasonable or unnecessary compliance and recording the assessment.
Local design and amenity controls (cl 7.12 design excellence; cl 7.20 sun/shadow protections for particular public places; cl 7.21 minimum building street frontage for tall buildings): the Plan embeds precise local urban design expectations as conditions for consent.
Site‑specific permissions and caps: Schedule 1 contains parcel‑specific additional permitted uses (for example, permitted uses and floor area caps for specific lots, cl 1-23 of Schedule 1). The Plan therefore combines town‑wide rules with granular parcel exceptions.
The Plan makes clear that State environmental planning policies can prevail where specified by the Environmental Planning and Assessment Act (cl 1.9(1)). The Plan also excludes certain SEPPs or provisions if so listed (cl 1.9(2)), although the reproduced text here does not include the list content.
The Plan uses mandatory phrasing (“must not”, “must”) for threshold matters (e.g., cl 2.6(1) subdivision only with consent, cl 2.7 demolition only with consent, cl 4.3 height limits not to be exceeded; cl 5.21(2) flood planning prohibits consent unless satisfied). That language creates hard limits in many cases.
Finally, the Plan contains express transitional/savings and conflict rules: DAs made prior to commencement are to be determined under the previous instrument (cl 1.8A), and this Plan prevails over other local instruments for land to which it applies (cl 1.8 repeal provision and cl 6.4 where Part 6 prevails to extent of inconsistency).
Who it affects
The Plan affects multiple actor groups, and the instrument’s clauses identify or imply who pays, who decides and who must change behaviour:
Landowners and developers: Their rights to subdivide, build, demolish, change use or operate specific uses are shaped by zones, maps and provisions. For example, subdivision is permitted only with development consent (cl 2.6), and minimum lot sizes, strata and community title rules limit subdivision outcomes (cl 4.1, 4.1AA, 4.2C). Site‑specific additional permitted uses in Schedule 1 confer explicit opportunities to particular landowners.
The Council (consent authority): Identified as the consent authority for this Plan (cl 1.6). The Council decides development applications, must be satisfied about flood, heritage, biodiversity, design excellence and other requirements before granting consent (see cl 5.21, cl 5.10, cl 7.4, cl 7.12), and must keep records of assessments (cl 4.6(4)).
The broader community and adjoining landowners: The Plan directs impacts on amenity and service provision. For instance, temporary events on public reserves and roads are permitted without development consent but subject to other approvals (cl 7.18), and provisions like cl 5.21 require that development not adversely affect evacuation routes or increase flood risk to other properties.
Specific State agencies and authorities: Where federal or State interests are engaged the Plan requires consultation or identifies the relevant acquiring authority (cl 5.1, cl 7.9 regarding consultation with the relevant Commonwealth body for airspace penetration). Part 6 requires certification by the Director‑General for designated State infrastructure arrangements in urban release areas (cl 6.1(2)).
Special interest economic actors: The Plan sets industry‑specific rules. Aquaculture operators face detailed site and operational controls in cl 5.19 and Schedule 6 (species selection, containment, discharge controls). Intensive livestock operations have threshold exemptions and locational constraints (cl 5.18(4)-(5)). Industrial and commercial operators face gross floor area caps in Zones E3 and MU1 (cl 7.14).
Heritage and Aboriginal interests: The Plan requires consent for work affecting heritage items, archaeological sites or Aboriginal places (cl 5.10(2)-(9)), and mandates notification and consultation steps (cl 5.10(7)-(9)).
Owners bound by private instruments: Clause 1.9A suspends covenants, agreements and similar instruments to the extent necessary to enable development under the Plan, but excludes covenants imposed by the Council and a defined list of conservation or statutory instruments (cl 1.9A(1)-(3)). This directly affects holders of private restrictive instruments.
Who pays and who benefits, as derived from the Plan:
Concentrated beneficiaries: Schedule 1 additional permitted uses confer explicitly identifiable development opportunities to named land parcels. Those owners gain direct benefits when a use is permitted (e.g., retail, hospitality or tourist uses with defined floor area caps).
Diffuse public costs and benefits: The Plan’s public aims (cl 1.2),heritage protection, biodiversity, flood resilience, urban amenity,are public goods that the wider community may receive benefits from, but which impose transaction, compliance and construction costs on applicants through required management plans, design obligations and infrastructure provision (see clls 5.10, 7.1, 6.1-6.3).
Development‑cost impacts on private actors: Requirements for management plans (acid sulfate soils, heritage management documents, aquaculture operational plans), design excellence (cl 7.12) and infrastructure contributions/certifications (cl 6.1-6.3) increase the compliance costs developers must bear before obtaining consent.
Geographic focus: The Plan’s legal effect is map‑based; many controls rely on the Plan’s maps rather than only textual zoning (cl 1.7, cl 2.2), so affectedness varies parcel by parcel. Practitioners must therefore consult the Plan’s maps and schedules for parcel‑level outcomes.
Key duties and rights
The Plan creates a set of duties on the consent authority and obligations/rights for applicants and landowners. Key duties and rights include:
Duties of the consent authority (Council)
To have regard to zone objectives when determining applications (cl 2.3(2)).
To be satisfied of specific environmental, heritage, design and hazard matters before granting consent: e.g., biodiversity (cl 7.4(4)), riparian land (cl 7.6(4)), acid sulfate soils management plan requirement (cl 7.1(3)), flood planning (cl 5.21(2)), design excellence (cl 7.12(3)). Many of these are expressed as preconditions to consent.
To consult specified bodies and notify Aboriginal communities for heritage matters where required (cl 5.10(7)-(9)).
To keep a record of assessments made under cl 4.6(3) where an exception to a development standard is sought (cl 4.6(4)).
To require preparation of local development control plans for certain areas and to rely on those DCPs where the Plan requires them before consent is granted (cl 6.3(2)-(3); cl 7.19(3) for a particular site).
Rights and constraints on landowners and applicants
Right to carry out development that is permitted without consent, subject to the Plan’s exempt development standards (cl 3.1; Schedule 2), and subject to compliance with the Building Code of Australia and other statutory approvals (cl 3.1(3)(a)-(b)).
Right to apply for development consent where development is permitted with consent, and for the consent authority to consider the application against the Plan’s provisions and relevant State policies (cl 2.3; cl 1.9).
Subdivision rights are constrained: subdivision only with consent (cl 2.6(1)); special minimum lot size rules and exceptions apply (cl 4.1, 4.1AA, 4.1A, 4.1B, 4.2-4.2E).
Entitlement to a complying development certificate for development meeting Schedule 3 conditions (cl 3.2), where the development is listed and meets the stated standards.
Duty to prepare and provide specialist management plans where required: acid sulfate soils management plan (cl 7.1(3)); heritage management documents or heritage conservation management plans where requested (cl 5.10(5)-(6)); management strategies for eco‑tourist developments (cl 5.13(3)(k)).
Where a development standard would be contravened, an applicant may seek consent under cl 4.6 but must demonstrate compliance with cl 4.6(3) (that compliance is unreasonable or unnecessary and there are sufficient environmental planning grounds), and the consent authority must record its assessment (cl 4.6(4)).
Specific duty‑right interactions that materially change practice:
Suspension of covenants (cl 1.9A) alters the operation of private restrictions: parties relying on private covenants may find those covenants do not operate to prevent development authorised by the Plan, subject to enumerated exceptions (cl 1.9A(2)).
Savings for pending DAs (cl 1.8A) preserve the application of earlier instruments to applications made before the Plan’s commencement.
The Plan grants the consent authority the power to permit development that contravenes a development standard subject to the applicant meeting cl 4.6 tests, thereby providing a procedural path to variances while creating a recording duty on the authority (cl 4.6(3)-(4)).
Rights not established in the Plan
The Plan does not itself create criminal sanctions or specify fines; enforcement mechanisms and penalties are matters dealt with under other statutes (the Plan repeatedly references the Act and other laws). The Plan creates consenting and assessment duties but does not contain a schedule of offences or penalties in the reproduced text.
Penalties and enforcement
The Plan sets procedural and substantive constraints but the reproduced text does not itself contain an explicit penalty schedule. The enforcement régime implied by the Plan must be read together with the Environmental Planning and Assessment Act and other statutes referenced. Specific enforcement design elements in the Plan:
Consent authority role and discretion: The Plan designates the Council as the consent authority (cl 1.6). The Council’s functions include determining development applications, imposing conditions and requiring management plans or DCPs before consent (see cl 2.3, cl 5.10, cl 6.3). The authority to refuse consent is embedded throughout where mandatory conditions are not met (for example, cl 5.21 prohibits granting consent for development in a flood planning area unless the authority is satisfied of particular matters).
Procedural preconditions and mandatory refusals: The Plan contains mandatory prohibitions and threshold constraints which function as hard enforcement levers. For instance, canal estate development is expressly prohibited (cl 2.9(1)), and cl 4.3 says the height of a building is not to exceed the maximum on the Height of Buildings Map. Where the Plan says “must not be granted” (e.g., cl 4.6(6) on exceptions for rural subdivisions), the consent authority must refuse consent in those circumstances.
Conditions and management plans: The Plan allows the consent authority to impose conditions requiring covenants (cl 4.5(9)), heritage management works (cl 5.10(10)), or time‑limited consents (Schedule 1 cl 20 requires landscaping material supplies site to cease after 30 years). Non‑compliance with consent conditions will be enforced under the Act and associated regulatory mechanisms.
Exempt/complying development enforcement: Schedules 2 and 3 set technical conditions for exempt and complying works. Exempt development is “without the need for development consent” (cl 3.1) but remains subject to other statutory approvals and controls; the Plan notes that such development is not exempt from licences or approval under other Acts (Schedule 2 note).
Interaction with other enforcement regimes: The Plan regularly cross‑refers to other legislation where enforcement powers are located (e.g., Heritage Act 1977 for State heritage matters at cl 5.10, Rural Fires Act 1997 for bushfire hazard reduction works at cl 5.11). Where the Plan excludes or defers to other Acts (cl 1.9A(3) preserves public authority rights under registered instruments), enforcement of those instruments will follow their own statutory pathways.
What the Plan does not state in the reproduced text
It does not set out the specific penalties, infringement notices or prosecution processes. Those are matters the Plan leaves to the Environmental Planning and Assessment Act and other statutes it references. Practitioners should consult the Act for the statutory enforcement powers, offences and penalties applicable to carrying out development without consent or breaching conditions.
Implementation enforcement risks and burdens
Many clauses create subjective satisfaction tests (the consent authority “must be satisfied” about a range of matters under clls 5.21, 7.4, 7.6, 7.12 etc.). That discretion concentrates decision power in the Council and creates legal uncertainty for applicants, and correspondingly increases the administrative burden on the Council to document and justify decisions (the Plan explicitly requires record‑keeping in cl 4.6(4)).
The Plan’s map‑reliant approach means errors or uncertainties in map interpretation can generate disputes and enforcement queries; the Plan requires maps to be public and maintained (cl 1.7(3)-(4)).
How it interacts with other laws
The Plan is explicitly framed as part of a statutory system and repeatedly cross‑references other laws, instruments and guidelines. Interaction mechanisms in the text:
State environmental planning policies (SEPPs): The Plan is subject to SEPPs that prevail over it under section 3.28 of the Act (cl 1.9(1)). The Plan also contains cl 1.9(2) which, where specified, lists SEPPs or provisions that do not apply to the land the Plan covers (the reproduced text shows the clause but not the list).
The Environmental Planning and Assessment Act and regulations: The Plan repeatedly refers to the Act (for example cl 1.6 situates the consent authority “subject to the Act”), and to the regulations for matters such as the requirement to accompany a contravention submission with a document under the EPA Regulation (cl 4.6 note). Many of the Plan’s assessment pathways are designed to operate within the Act’s DA, CDC and complying development regimes (cl 3.2(3) and notes).
Building Code of Australia and BASIX: Exempt and complying development must meet Building Code deemed‑to‑satisfy provisions (cl 3.1(3)(a); cl 3.2(3)(b)). Clause 4.6(8)(b) excludes BASIX commitments and related standards from being varied under cl 4.6.
Heritage Act 1977: The Plan defers to the Heritage Act for State heritage items and interim heritage orders (cl 3.1(3)(d) and multiple cross‑references in cl 5.10). The Plan prescribes notification to the Heritage Council and requires its response to be considered (cl 5.10(7), (9)).
Fisheries, Biodiversity and Marine management laws: Clauses concerning aquaculture (cl 5.19, Schedule 6) require consistency with aquaculture industry development plans and the NSW Oyster Industry Sustainable Aquaculture Strategy. Environmentally sensitive area definitions cross‑refer to Biodiversity Conservation Act 2016, Fisheries Management Act 1994 and other Acts (cl 3.3).
Local Government Act 1993: The Plan authorises classification or reclassification of public land consistent with the Local Government Act (cl 5.2 and Schedule 4) and refers to the definition of public place in that Act for floor space ratio calculations (cl 4.5(11)).
Crown land and National Parks statutes: Clause 1.9A(2) preserves the effect of certain instruments (e.g., Crown Land Management Act 2016 instruments, conservation agreements under National Parks and Wildlife Act 1974) by excluding them from the clause that suspends covenants.
External guidelines and manuals: Flood planning clauses require consideration of external guidance: the Considering Flooding in Land Use Planning Guideline and the Flood Risk Management Manual (cl 5.21(4)-(5), cl 5.22(4)-(5)).
Other SEPPs: The Plan’s Land Use Table notes certain SEPPs that may be relevant (e.g., SEPP (Housing) 2021 and various State SEPPs referenced in the Land Use Table note).
Practical interface consequences:
Applicants must thread the Plan’s requirements with State policies, the Building Code/BASIX and relevant specialist licences (e.g., fisheries or Crown land approvals). The Plan makes many consents contingent on satisfaction of external statutory regimes or guidelines (cl 5.19(3) for aquaculture, cl 7.1 referencing the Acid Sulfate Soils Manual).
Where the Plan conflicts with or is inconsistent with an overriding SEPP, the SEPP will prevail (cl 1.9(1)), which can change permitted uses or development standards on particular sites.
The Plan’s parcel‑specific additional uses (Schedule 1) create exemptions from zone constraints but those rights remain subject to other laws (e.g., building approvals, other statutory approvals).
Amendment history
The reproduced Plan text includes numerous marginal amendment notations. The Plan has been the subject of multiple legislative amendments reflected in the clause notes. The following is a source‑grounded, non‑exhaustive mapping of amendment entries as they appear in the provided text (references are the amendment citations embedded in the Plan):
2016 amendments: appear in many clauses (e.g., cl 1.9 amended 2016 (310) Sch 4.8; Schedule 1 and other parts amended 2016 (5), Sch 1 references). These 2016 entries reflect early post‑2013 modifications to the Plan.
2017 amendments: appear in the Land Use Table note (2017 (493), Sch 1.1) and Schedule 1 history (2017 (692)).
2018 amendments: multiple insertions and substitutions (for example, cl 4.2E was inserted 2018 (514), Sch 1 [2]; Schedule 1 history shows 2018 references; Schedule 6 references to aquaculture update in 2018 (27) and 2018 (514) appear in clauses).
2019 amendments: numerous and widespread. Examples in the text include Am 2019 (621), Sch 5 (savings/provisions and 1.9A amendments), 2019 (192), Sch 1 (multiple amendments to zones, exemptions, complying development), 2019 (137), Sch 6; 2019 (653), Sch 1 introduced or altered cl 4.4 and cl 7.20; 2019 (1), cl 4 amended Schedule 4.
2020 amendments: appear in cl 1.3 (Am 2020 (45), cl 5(1)) and cl 7.19 Subst 2020 (783), Sch 1.
2022 amendments: widespread (Am 2022 (32), Sch 1[1], 2022 (314), 2022 (344), 2022 (829) Sch 1.6 has many targeted changes across the Plan including amendments indicated in cl 1.2, cl 2.1, cl 4.1AA, cl 4.1A, cl 4.1B, cl 4.2B, cl 4.2C, cl 4.6, cl 5.3, cl 7.12, cl 7.13, cl 7.14, cl 7.15-7.16, cl 7.17, cl 7.18 and others. The 2022 (829) set is cited heavily across many clauses as recent package amendments.
2023 amendments: appear in a number of technical insertions and substitutions (e.g., cl 4.1A substitution 2023 (124), Sch 1[1]; cl 5.21 and 5.22 were substantiated 2023 (609) and 2023 (554), and cl 7.7 repealed 2023 (435)). Other 2023 amendments include changes in Schedule 1 (2023 (124)) and Part 6 changes (2023 (554)).
Other specific amendment citations appearing across the instrument: 2018 (406), 2018 (694), 2020 (783), 2022 (130), 2022 (567), 2022 (314) and multiple discrete amendment instruments cited in the clause notes.
What the Plan’s amendment notes show, without over‑claiming:
The Plan has been actively updated across a sequence of amendment instruments (2016-2023 at least). The clause‑level notes record which statutory instruments made particular changes. The textual record supplied includes amendment citations for particular clauses; those citations identify when the Plan text was altered and by which amending instrument, as shown in the clause footnotes.
Limitations of this summary
The reproduced text includes amendment markers but does not compile a consolidated amendment chronology. Users wishing to trace the complete legislative history should inspect the NSW legislation database for the Plan and each cited amending instrument listed in the clause notes (for example 2019 (621), 2022 (829), 2023 (609) and others referenced in clause notes).
Litigation history
The provided Plan text contains no judicial decisions, case law or litigation summaries. The Plan names no court judgments. Therefore, there is no litigation history recorded in the instrument as provided.
Practitioners seeking litigation history should:
Search public law and planning case databases for proceedings that reference “Coffs Harbour Local Environmental Plan 2013” or relevant land parcels, DAs and consent decisions.
Check administrative review outcomes (if any), Land and Environment Court decisions for judicial review or merits appeals, and any reported decisions that interpret specific Plan provisions (for example, disputes about the exercise of satisfaction/discretion under cl 5.21, cl 7.4 or cl 4.6).
Because the Plan vests broad discretionary assessment duties in the consent authority, common litigation themes to investigate (not contained in the Plan but typical in planning practice) are likely to include interpretation of “satisfied” tests, the scope of discretionary exceptions under cl 4.6, adequacy of heritage or biodiversity assessments, and correct application of mapped controls. The Plan itself does not provide examples or binding authorities.
Gotchas
This Plan contains multiple technical traps for practitioners and potential implementation risks. The following are specific, source‑grounded items to watch:
Maps are decisive, but not reproduced in the text
Many controls are map‑dependent: zoning (cl 2.2), lot size minimums (cl 4.1), heights (cl 4.3), FSR (cl 4.4), biodiversity overlays (cl 7.4), riparian land (cl 7.6), heritage areas (cl 5.10) and sun access areas (cl 7.20). Always consult the Plan’s maps (cl 1.7(1) and notes). Failing to reference the maps can lead to incorrect assumptions about permissibility.
Savings for pending applications and policy timing
Applications made before the Plan’s commencement are to be determined as if the Plan had not commenced (cl 1.8A(1)). A DA lodged before a relevant SEPP or amendment may therefore proceed under the prior instrument. Practitioners must check the DA lodgement date and the commencement dates of amendments.
Suspension of covenants (cl 1.9A)
Clause 1.9A suspends private covenants to the extent necessary to enable development under the Plan, but excludes covenants imposed by Council and several conservation instruments (cl 1.9A(2)). This can alter the enforceability of private restrictions and may surprise holders of third‑party rights. Also cl 1.9A(3) preserves public authority rights under registered instruments.
Exclusions and “not adopted” clauses
Several clauses are marked “[Not adopted]” (e.g., cl 5.5, cl 5.9, cl 5.14, cl 5.15, cl 5.23). Relying on their headings alone is hazardous; the operative text is absence. Confirm whether those topics are governed by other instruments or local policies.
The difference between “permitted without consent”, “exempt development” and “complying development”
Exempt and complying development have specific technical tests (cl 3.1-3.2 and Schedules 2-3) including compliance with Building Code provisions and other approvals. A use listed as “may be carried out without development consent” in the Land Use Table is nevertheless subject to Part 5 of the Act (note after cl 2.3) and other approvals. Confirm whether a proposal is truly exempt or whether a CDC is needed.
Clause 4.6 exceptions to development standards require documentary proof and a record
If an applicant seeks consent that contravenes a development standard, cl 4.6(3) requires demonstration that compliance is unreasonable or unnecessary, and cl 4.6(4) requires the consent authority to keep a record of its assessment. The EPA Regulation requires a supporting document to accompany the DA. This creates an evidentiary burden and a formal record that can be challenged.
Site‑specific caps and time limits in Schedule 1
Schedule 1 often contains precise caps (gross floor areas, heights, expiration dates). For instance, cl 20 of Schedule 1 requires a landscaping materials supply use to cease within 30 years and imposes removal obligations. These are hard constraints specific to parcels that can materially affect project economics.
Heritage and Aboriginal consultation thresholds
For archaeological sites not on the State Register the consent authority must notify the Heritage Council and consider its response within 28 days (cl 5.10(7)); for Aboriginal places the Plan requires notification of local Aboriginal communities and consideration of responses (cl 5.10(8)). Failure to observe these steps can invalidate consents or lead to judicial review.
Flood planning and climate change inputs
Clauses 5.21-5.22 require consideration of projected climate impacts and external guidelines (Considering Flooding in Land Use Planning Guideline and Flood Risk Management Manual). Applicants must integrate those external technical standards into designs and approvals.
Double‑dipping and FSR calculations
Clause 4.5 contains detailed rules to avoid “double dipping” in FSR calculations (subclauses (3)-(11)). A consent may require covenants that restrict creation of floor area on a particular lot (cl 4.5(9)-(10)). Practically, project finance and land assembly plans must account for these covenanting mechanisms.
Performance tests are numerous and subjective
Many clauses use “must be satisfied” or similar language (e.g., cl 5.21(2), cl 7.4(4), cl 7.12(3)). This gives Council broad judgement and increases the need for comprehensive evidence sets (heritage, biodiversity, flood, acoustics for airport noise, acid sulphate soils assessments).
Prohibitions that are not obvious: canal estates
Canal estate development is expressly prohibited (cl 2.9). The clause also contains a technical definition that captures filling/excavation in tidal/inundated contexts for residential development, so proponents of waterfront residential projects must be certain their proposal is not caught.
“Not specified” gaps
Clause 1.9(2) indicates some SEPPs do not apply but the reproduced text leaves that list blank. Confirm the full instrument text to identify which SEPP provisions are excluded.
Parcel specific heritage listings and conservation areas
Schedule 5 lists many heritage items and conservation areas. Proposals affecting those parcels face mandatory heritage assessment obligations (cl 5.10). Practitioners must check Schedule 5 entries against site titles.
How to comply
A practical compliance roadmap grounded in the Plan text:
Start with maps and zone classification (cl 1.7; cl 2.2)
Identify the parcel on the Plan’s Land Zoning Map, Lot Size Map, Height of Buildings Map, Floor Space Ratio Map and any overlay maps (biodiversity, riparian, heritage, sun access). The Plan’s operative rules are map-dependent (see cl 1.7(1), cl 2.2 and numerous clauses referring to maps).
Check the Land Use Table and Schedule 1 (cl 2.3; Schedule 1)
Determine whether the proposed use is permitted without consent, permitted with consent or prohibited in the parcel’s zone. If the parcel is listed in Schedule 1, review the parcel‑specific additional permitted uses and limits (Schedule 1 clauses often contain caps and conditions).
Determine whether the development is exempt or complying (Part 3; Schedules 2-3)
If you are relying on exempt or complying development, confirm the proposal meets the technical requirements of Schedule 2 (exempt) or Schedule 3 (complying) and the Building Code of Australia (cl 3.1(3)(a) and cl 3.2(3)(b)). For complying development, check Part 2 conditions and the cross‑reference to State Policy (Schedule 3 note).
Where development consent is required, identify mandatory thresholds and prepare required supporting documentation
If triggers exist such as acid sulphate soils (cl 7.1(2)-(3)), heritage items or conservation areas (cl 5.10(2)-(6)), biodiversity (cl 7.4), riparian lands (cl 7.6) or flood planning (cl 5.21-5.22), prepare the relevant specialist management plans and assessments. The Plan makes submission of these documents a precondition to consent in many cases (e.g., cl 7.1(3) requires an acid sulfate soils management plan prepared in accordance with the Acid Sulfate Soils Manual).
For standards likely to be exceeded, prepare an exceptions case under cl 4.6
If a development standard (e.g., height or FSR) would be contravened, prepare the required document demonstrating that compliance is unreasonable or unnecessary and that there are sufficient environmental planning grounds (cl 4.6(3)). Remember the consent authority must record its assessment (cl 4.6(4)). The EPA Regulation requires the DA be accompanied by the applicant’s grounds document.
Confirm whether any State environmental planning policies prevail (cl 1.9(1)) or whether other approvals/licences are needed (heritage, fisheries, Crown land licences). Exempt development remains subject to approvals or licences under other Acts (Schedule 2 note).
Prepare for design excellence and urban design obligations (cl 7.12; cl 6.3)
If the site lies within zones where design excellence is required (cl 7.12(2)), assemble urban design and architectural evidence demonstrating compliance with the Coffs Harbour DCP and the matters listed in cl 7.12(4). For urban release areas, expect a DCP and staging/infrastructure requirements (cl 6.3).
Mind location‑specific caps and constraints
For special zones like E3, MU1, W4, or for named parcels in Schedule 1, check gross floor area caps, use restrictions and site conditions (for example cl 7.14 caps business/office floor area in E3 and MU1; Schedule 1 contains parcel‑specific FSR and height caps).
Address ancillary matters in the DA package
Include calculations under cl 4.5 for FSR and site area, ensure no double counting of floor area (cl 4.5(4)-(11)), include covenants where consent will condition covenanting, and prepare flood, bushfire, fauna/flora, sewage, and services evidence where the Plan requires consideration (cl 7.11 essential services; cl 5.11 bush fire exemptions for Rural Fires Act authorized works).
For heritage or Aboriginal matters, follow notification and consultation steps (cl 5.10)
If the site involves an archaeological site or Aboriginal place, comply with the notification and consultation procedures and consider the possible need for a heritage management document or heritage conservation management plan (cl 5.10(5)-(6), (7)-(9)).
For public land, acquisitions and classifications follow Schedule 4 and cl 5.1-5.2
If the proposal involves public land or acquisition issues, consult the Land Reservation Acquisition Map and the table in cl 5.1 to identify the relevant acquiring authority and classification provisions in Schedule 4 (cl 5.2).
Expect conditions and possible covenanting
The consent authority may impose conditions that require covenants to prevent “double dipping” in floor area (cl 4.5(9)-(10)), time limits on uses (Schedule 1 cl 20), conservation obligations or management requirements (cl 5.10(10)).
Document outcomes and keep records
Because the Plan mandates consent authority record‑keeping for certain decisions (cl 4.6(4)) and frequently uses “satisfied” tests, ensure that assessment reports, technical evidence and decision records are thorough and defensible.
Consult maps, the Coffs Harbour DCP and external guidelines early
The Plan repeatedly refers to the Coffs Harbour DCP (cl 7.12(5)), the Considering Flooding guideline and the Flood Risk Management Manual (cl 5.21(4)-(5)), and various industry development plans for aquaculture (cl 5.19(5)). Incorporate these into project planning before lodgement.
If in doubt about the Plan’s effect on a particular parcel, the Plan’s operative wording makes clear that the maps and schedules are decisive and that the consent authority must be engaged early. The Plan’s many discretionary satisfaction points and map‑driven elements place an evidentiary and procedural burden on applicants; addressing those in advance reduces the risk of refusal or protracted conditions.
(h) to create local and sub-regional movement corridors by maximising renewal opportunities after the completion of the Coffs Harbour bypass,
(i) to promote ecologically sustainable development that supports a strong and diverse local economy both now and into the future,
(j) to ensure that sensitive land uses and development are sited and designed so that they do not affect the viability of existing uses,
(k) to provide for the social and economic welfare of the community by facilitating equitable access to public open spaces, community services and facilities that are safe and meet the needs of a diverse population,
(l) to promote the delivery and maintenance of housing diversity and affordable housing,
(m) to promote a strong sense of community, identity and place,
(n) to promote the effective management of natural hazards and risks and the creation of a climate resilient community.
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1 Notes
1 Notes
1.5 Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1 Consent authority
1 Consent authority
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1 Maps
1 Maps
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 Repeal of planning instruments applying to land
1 Repeal of planning instruments applying to land
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—
Coffs Harbour City Centre Local Environmental Plan 2011
Coffs Harbour City Local Environmental Plan 2000
(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.
cl 1.8: Am 2020 (45), cl 5(2) (3).
1 Savings provision relating to development applications
1 Savings provision relating to development applications
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) 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.
(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 4.8 [2].
1 Suspension of covenants, agreements and instruments
1 Suspension of covenants, agreements and instruments
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
Part 2 Permitted or prohibited development
Part 2 Permitted or prohibited development
2 Land use zones
2 Land use zones
2.1 Land use zones
The land use zones under this Plan are as follows—
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2 Zone objectives and Land Use Table
2 Zone objectives and Land Use Table
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.
2
1
Schedule 1 sets out additional permitted uses for particular land.
2
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.
2
3
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
2
4
Clause 2.6 requires consent for subdivision of land.
2
5
Part 5 contains other provisions which require consent for particular development.
2 Unzoned land
2 Unzoned land
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 Additional permitted uses for particular land
2 Additional permitted uses for particular 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 Subdivision—consent requirements
2 Subdivision—consent requirements
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.
2
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
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 Demolition requires dev
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