The Plan organises development control around a set of recurring statutory mechanisms.

Zoning and the Land Use Table (cl 2.1, cl 2.3; Land Zoning Map)

• Land is placed in named zones (RU1, RU2, RU4, RU5, R1, R3, R5, E2-E5, SP1, SP2, RE1-RE2, C1, C3, C4). Each zone has stated objectives and a Land Use Table that identifies development that is permitted without consent, permitted with consent and prohibited (cl 2.1; cl 2.3; the Land Use Table).
• The consent authority must “have regard to” the objectives for development in a zone when deciding a DA (cl 2.3(2)).

Maps as operative instruments (cl 1.7)

• The Plan is map‑linked: the Land Zoning Map, Lot Size Map, Heritage Map, Watercourses Map, Terrestrial Biodiversity Map and others are integral to how particular clauses apply (for example cl 4.1, cl 6.3, cl 6.5). The Plan recognises maps can be amended and must be publicly available (cl 1.7(1), (3)-(4)).

Consent regime and exemptions (Part 3)

• Exempt development and complying development are specified in Schedules and State policy cross-referenced to the Plan (cl 3.1-3.2). Exempt/compliant development cannot be carried out in environmentally sensitive areas identified by cl 3.3.
• The Plan preserves the Act’s structure: where development is “permitted with consent” the Council (subject to the Act) decides, applying the Plan’s objectives and local controls; certain development is “permitted without consent” but remains subject to Part 5 (cl 2.3 Note).

Subdivision and minimum lot sizes (Part 4)

• The Plan sets minimum lot sizes on the Lot Size Map and imposes that subdivision must comply with those minima (cl 4.1(3); cl 2.6(1)). It contains exceptions (rural subdivision cl 4.2; boundary adjustments cl 4.2B) and specific minimums for higher-density forms (cl 4.1A).

Environmental and local impact controls (Parts 5 and 6)

• The Plan contains a suite of local provisions that require the consent authority to consider or be satisfied about particular environmental impacts before granting consent: heritage (cl 5.10), terrestrial biodiversity (cl 6.3), groundwater (cl 6.4), riparian land and watercourses (cl 6.5), flood planning (cl 5.21), intensive livestock agriculture (cl 5.18), pond/tank aquaculture (cl 5.19 and Schedule 6), earthworks (cl 6.1) and essential services for certain zones (cl 6.9).
• Some controls are prohibitory (for example canal estate development is prohibited cl 2.9; parts of Schedule 6 exclude aquaculture from certain conservation areas).

Flexibility mechanisms and constraints

• The Plan includes clause 1.9A that suspends private covenants to allow development consistent with the Plan unless exceptions apply (cl 1.9A(1)-(3)), while specifying limits.
• Clause 4.6 provides a local “exceptions to development standards” mechanism, permitting consent authorities to grant development that would contravene a development standard if particular tests are satisfied (cl 4.6(2)-(3)), subject to specific exclusions and record‑keeping (cl 4.6(6), (8)).
• The Plan contains a savings provision (cl 1.8A) which requires certain pre-commencement DAs to be determined as if the Plan had not commenced.

Local specificity and schedules

• Schedule 1 creates a narrow additional permitted use for land at 72 Parker Street to permit a printing works as light industry; Schedule 5 lists heritage items and conservation areas; Schedule 6 sets out technical site and operational requirements for pond/tank aquaculture.

Interoperability with State instruments and other Acts (cl 1.9; various cross-references)

• The Plan is subject to State environmental planning policies (SEPPs) that prevail where applicable (cl 1.9(1)). It also cross-references and delegates consideration to other legislation and government authorities for certain matters (for example the Heritage Act 1977 at cl 5.10, Rural Fires Act 1997 at cl 5.11, Fisheries/Aquaculture in cl 5.19 and Schedule 6, and references to the Crown Land Management Act 2016 in cl 1.9A).

Decision architecture

• The Plan sets the matters the consent authority must consider or be satisfied about as legal predicates for consent in many contexts (for example cl 3.1(3) conditions for exempt development; cl 5.19(2) aquaculture; cl 6.3(3) biodiversity; cl 6.5(3) riparian land). Those matters form the practical test for applicants and for judicial review of decisions under the Act.

Taken together, the Plan is a map-linked, zone-based rule set that sets thresholds for consent, imposes specific environmental and heritage tests, and retains some built-in local discretion and flexibility while cross-referencing state and other statutory frameworks.

The Plan affects a range of actors by altering what they can lawfully do on specified land and by identifying which decision‑maker must approve or refuse proposals.

Landowners and developers in the Plan area

• All owners of land within the mapped area are affected because the Plan sets zoning (cl 2.2), minimum lot sizes (cl 4.1), permitted uses (cl 2.3) and environmental constraints (Parts 5 and 6). Owners seeking to subdivide must meet minima on the Lot Size Map (cl 4.1(3)) unless they qualify under rural subdivision or boundary adjustment provisions (cl 4.2; cl 4.2B). Owners proposing dwellings in RU zones must satisfy cl 4.2A tests.

Council (the consent authority) and its officers

• The Plan designates the Council as consent authority “subject to the Act” (cl 1.6). The Council decides DAs, must consider the objectives of zones (cl 2.3(2)), and must be satisfied about specific matters before granting consent in many contexts (for example biodiversity cl 6.3(4), groundwater cl 6.4(4), riparian cl 6.5(4), aquaculture cl 5.19(2)). It must keep assessment records where a departure from a development standard is considered (cl 4.6(4)). Council also has powers and responsibilities regarding classification/reclassification of public land (cl 5.2).

Neighbouring landowners and the local community

• The Plan’s controls are designed to protect local amenity and reduce land use conflict (cl 1.2, cl 2.3; cl 5.16). Neighbours are affected because development applications will be assessed against objectives and local environmental controls, and DAs may be refused where impacts on amenity, biodiversity, watercourses, contamination of groundwater, flood risk or heritage are not appropriately managed (for example cl 6.3, cl 6.4, cl 6.5, cl 5.21, cl 5.10).

Primary industry operators and agribusiness

• The Plan explicitly aims to protect viable agricultural areas (cl 1.2(2)(b)) and contains multiple provisions relevant to primary production: RU zones in cl 2.1 and the Land Use Table list extensive agriculture and other agriculture-related uses, cl 4.2 provides rural subdivision flexibility but prohibits dwellings on certain small lots, cl 5.18 regulates intensive livestock and sets capacity thresholds where development consent is not required, and cl 5.19/Schedule 6 sets rules for aquaculture. Those rules affect how agricultural enterprises expand, subdivide, or diversify.

Operators of licensed premises, arts and entertainment venues

• The Plan limits the grounds on which consent for licensed premises can be refused because of music and performance-related characteristics (cl 5.20). This directly affects venue operators seeking planning consent, and affects how neighbours can rely on planning grounds in objections.

Heritage property owners and custodians

• Owners of heritage items listed in Schedule 5 or land inside conservation areas must obtain development consent for demolition, external alteration, disturbance of archaeological sites or erection of buildings on such land (cl 5.10(2)). The Plan imposes notification obligations (for archaeological sites cl 5.10(7), for Aboriginal places cl 5.10(8)) and allows the consent authority to require heritage management documents or conservation management plans (cl 5.10(5)-(6)).

Crown and State agencies, infrastructure bodies and the Commonwealth

• Certain State authorities are identified as the “relevant acquisition authority” for particular reservations (cl 5.1(2) table). Transport for NSW is the authority for classified roads shown on the Land Reservation Acquisition Map, and the Minister administering the National Parks and Wildlife Act is specified for national park land (cl 5.1(2) table). The Plan also requires consultation with the relevant Commonwealth body if proposed development would penetrate airport obstacle/operations surfaces at Cootamundra Airport (cl 6.8(2)-(4)).

Specialised sectors: aquaculture, intensive livestock, aviation, emergency services

• Aquaculture proponents must comply with Schedule 6 site and operational requirements and cl 5.19 (including permitted locations and scale) and, for oyster aquaculture, the consent authority must have regard to industry plans and the NSW Oyster Industry Strategy (cl 5.19(5)-(6)).
• Intensive livestock agriculture is regulated by cl 5.18, which sets capacity thresholds for development that may be carried out without consent and sets location restrictions.
• Aviation stakeholders are implicated where development would penetrate Limitation or Operations Surfaces (cl 6.8).
• Fire alarm conversions are controlled (cl 5.8) and bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out without consent (cl 5.11).

Parties to private covenants and holders of registered instruments

• Clause 1.9A suspends the operation of private covenants, agreements and instruments to the extent necessary to enable development consistent with the Plan, subject to express exceptions (cl 1.9A(1)-(3)). The clause explicitly states it does not affect the rights or interests of any public authority under any registered instrument (cl 1.9A(3)).

In summary: the Plan primarily affects landowners, developers and the Council; it also affects neighbours, primary producers, heritage custodians, specialised sector operators (aquaculture, intensive livestock, aviation), Crown and State agencies and parties to private covenants. The degree to which any particular owner or operator is affected depends on the land’s zone and the mapped layers (Lot Size Map, Terrestrial Biodiversity Map, Watercourses Map, Heritage Map, etc.).

The Plan creates duties for the consent authority and rights (or constraints) for landowners and applicants. These operative obligations are found across the clauses cited below.

Consent authority duties

• Apply zone objectives and the Land Use Table. The consent authority must have regard to the objectives for development in a zone when deciding a development application (cl 2.3(2)).
• Determine whether development is permissible in the zone and, where applicable, whether it requires consent, is exempt or is complying (cl 2.3; cl 3.1-3.2).
• In many circumstances the consent authority must be satisfied that development will not cause particular adverse impacts before granting consent. Examples: biodiversity (cl 6.3(4)), groundwater vulnerability (cl 6.4(4)), riparian land and watercourses (cl 6.5(4)), flood planning (cl 5.21(2)), pond/tank aquaculture (cl 5.19(2)), and eco‑tourist facilities (cl 5.13(3)).
• Keep a record of assessments when considering contraventions of development standards under the Plan’s exceptions clause (cl 4.6(4)).
• For certain heritage and archaeological matters, provide notifications or take into account responses from statutory bodies and local Aboriginal communities before granting consent (cl 5.10(7)-(9)).

Applicant/landowner duties and obligations

• Determine first whether proposed works are exempt, complying or require development consent (Part 3: cl 3.1-3.2). Exempt/compliant development is constrained by cl 3.3 (no exempt/compliant development in environmentally sensitive areas).
• For development that proposes to contravene a development standard, the applicant should prepare and submit the justification material required by cl 4.6(3); the Plan notes the Environmental Planning and Assessment Regulation 2021 requires a document setting out the grounds for demonstrating the cl 4.6 matters (cl 4.6 Note).
• For subdivision, comply with minimum lot sizes on the Lot Size Map (cl 4.1(3)), unless qualifying under cl 4.2 rural subdivision, cl 4.2B boundary adjustment or cl 4.1A for multi-dwelling forms.
• For demolition, obtain development consent unless the demolition is exempt under another instrument (cl 2.7).
• For works affecting heritage items or conservation areas, obtain consent for demolition, external alteration, excavation or erection of buildings (cl 5.10(2)); be ready to prepare heritage management documents or conservation management plans when required (cl 5.10(5)-(6)).
• For development in flood planning areas, demonstrate compatibility with flood function and behaviour and measures to manage risk to life and evacuation (cl 5.21(2)-(3)).
• For intensive livestock proposals, prepare environmental assessment documents addressing odour, water pollution risk, soil degradation, measures to mitigate impacts and consistency with industry codes when seeking consent (cl 5.18(3)(a)-(h)).
• For aquaculture, comply with Schedule 6 site location and operational requirements and demonstrate compliance with Part 1 and Part 2 of Schedule 6 depending on the scale and zone (cl 5.19(2)-(4); Schedule 6).

Rights and exemptions

• Certain development may proceed without consent if it is listed as permitted without consent in the Land Use Table (cl 2.3(1)(b)) or is exempt development under Part 3 and Schedule 2 (cl 3.1).
• Clause 1.9A gives the Plan the capacity to displace certain private covenants that would otherwise restrict development, to the extent necessary to allow development in accordance with the Plan (cl 1.9A(1)); specified categories of instruments are excluded (cl 1.9A(2)).
• Clause 4.6 allows the consent authority to approve development that contravenes a development standard where the applicant demonstrates compliance with cl 4.6(3) tests and sufficient environmental planning grounds exist; however, some development standards are expressly excluded from cl 4.6’s operation (cl 4.6(8)).

Procedural duties related to other statutory regimes

• When a development would penetrate the Limitation or Operations Surface for Cootamundra Airport, the consent authority must consult the relevant Commonwealth body and follow the Commonwealth body’s advice where it objects (cl 6.8(2)-(4)).
• For archaeological sites (not on State Heritage Register), the consent authority must notify the Heritage Council and take into account any response within 28 days before granting consent (cl 5.10(7)).
• For Aboriginal places of heritage significance, the consent authority must undertake adequate investigation and notify local Aboriginal communities and take account of any response within 28 days (cl 5.10(8)).

Record‑keeping and conditions

• Where complying development certificates are issued the certificates are subject to conditions set out in Schedule 3 and references to State policy (cl 3.2(4); sch 3 general conditions). The Plan requires the consent authority to keep a record of assessments when certain departures from development standards are considered (cl 4.6(4)).

Limitations in the Plan

• The Plan does not itself specify enforcement mechanisms or statutory penalties; those are matters of the Act and its regulations. The Plan is structured to inform consent decisions and the conditions on which development may proceed.

In effect, the Plan allocates decision‑making duties to the Council, imposes documentary and substantive requirements on applicants for development consent, creates routes for certain development to proceed without consent, and imposes environmental and heritage constraints that create rights in neighbours and the public to have those matters considered.

The Plan itself sets normative planning rules, but it does not enumerate specific monetary penalties or criminal offences in the text provided. The instrument repeatedly frames permissions and prohibitions in terms of development consent (for example cl 2.6 subdivision requires consent, cl 2.7 demolition requires consent), and the operative enforcement mechanisms for unauthorised works, breaches of consent conditions or contraventions of the Plan are matters that arise under the Environmental Planning and Assessment Act and the regulations made under it. The Plan therefore operates within the broader enforcement architecture of the Act rather than by setting new standalone penalties.

What the Plan does provide that has enforcement effect

• Consent prerequisites and prohibitions: many provisions are expressed so that development “must not be carried out” or “development consent must not be granted” unless specified conditions are met (for example cl 3.3 prohibits exempt or complying development in environmentally sensitive areas; cl 4.2A(3) prohibits consent for dwelling houses in specified rural/conservation zones unless particular criteria are satisfied; cl 5.19(2) precludes aquaculture consent unless site and operational requirements of Schedule 6 are met). Those clauses create legal preconditions: if development proceeds without satisfying them, the development will be unauthorised.
• Conditions on complying development certificates: where development is complying development under cl 3.2, the certificate is subject to the conditions in Schedule 3 and the referenced State policy, meaning non‑compliance with those conditions can render development unauthorised.
• Record keeping and justification: cl 4.6 requires the consent authority to keep a record when a departure from development standards is considered; compliance with statutory processes is required and failure may be reviewable under the Act.

Enforcement actors and instruments (as indicated by the Plan)

• The consent authority (Council) is the centrepiece of the decision and enforcement pathway (cl 1.6). Enforcement actions for unauthorised development, breaches of conditions or other non‑compliance normally proceed under the Act’s enforcement powers (not set out in this Plan), which include orders to remedy, stop work orders, fines and proceedings in the Land and Environment Court; the Plan’s references to the Act (for example cl 1.2 and multiple Notes) indicate that enforcement occurs under that statutory regime rather than under standalone Plan provisions.

Implementation risks and practical enforcement implications

• Because the Plan embeds a mix of discretionary and mandatory tests (for example many “must be satisfied” requirements for environmental impacts, and recordkeeping obligations for departures), its enforcement is susceptible to procedural challenge or review if the consent authority fails to follow the specified steps (for example notification obligations in cl 5.10(7)-(9), consultation requirement in cl 6.8(2), or cl 4.6(4) recordkeeping). Those procedural requirements create avenues for third‑party scrutiny and potential review.
• The Plan’s suspension of covenants (cl 1.9A) alters the typical private enforcement landscape by removing the effect of certain private instruments in order to allow Plan-consistent development; where a covenant is suspended a private right of action may be reduced or displaced (subject to the statutory exceptions in cl 1.9A(2)). The Plan explicitly preserves public authority registered instruments and excludes specified conservation agreements from suspension (cl 1.9A(2)-(3)).

In short, enforcement and penalties for contraventions by developers or others are not specified as new sanctions in the Plan text. The Plan creates legal thresholds and procedural obligations whose breach will normally fall to the Act’s enforcement mechanisms, and it creates procedural steps and consultation/notification duties that, if not honoured, may give rise to administrative review or legal challenge under the Act.

The Plan is expressly cross‑linked to, and operates within, a broader statutory framework. The Plan frequently references the Environmental Planning and Assessment Act 1979 (the Act) as the enabling statute and cross-references multiple other Acts, regulations and State environmental planning policies. The Plan both defers to State instruments that prevail and incorporates duties arising under other statutes.

Hierarchy and prevailing instruments

• The Plan is expressly “subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act” (cl 1.9(1)). That means SEPPs with a relevant prevailing provision will take precedence where inconsistency exists.

Specific cross‑statutory references within the Plan

• Heritage: the Plan relies on and interacts with the Heritage Act 1977 for items on the State Heritage Register and for interim heritage orders (cl 3.1(3)(d); cl 5.10 references the Heritage Act in numerous procedural requirements).
• Crown land: cl 1.9A excludes “any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016” from suspension and cl 5.2 and sch 4 interact with Crown trusts and the Local Government Act 1993.
• Biodiversity and conservation: cl 3.1(5) and cl 3.3 reference the Biodiversity and Conservation Act 2016 indirectly via environmentally sensitive areas; Schedule 6 and cl 5.19 reference fisheries and aquaculture legislation (Fisheries Management Act 1994 and Fisheries Management (Aquaculture) Regulation 2017).
• Rural fires: cl 5.11 explicitly permits bush fire hazard reduction work authorised by the Rural Fires Act 1997 to be carried out without development consent.
• BASIX and building sustainability: cl 4.6(8) excludes contraventions of BASIX commitments from the exception provision, and the Plan’s exempt/compliant development tests refer to the Building Code of Australia (cl 3.1(3)(a)-(b)).
• Local Government Act: cl 5.2 facilitates Council’s classification/reclassification of public land under the Local Government Act 1993 and references requirements for Governor approval when discharging reserves (cl 5.2(5) and Note).
• Land acquisition: cl 5.1 implements section 3.15 of the Act in identifying relevant State authorities under the Land Acquisition (Just Terms Compensation) Act 1991 for owner‑initiated acquisition.
• Environmental Planning and Assessment Regulation 2021: cl 4.6 contains a Note that the Regulation requires a development application that seeks contravention of a standard to be accompanied by a document setting out the applicant’s grounds for the cl 4.6 test.

Procedural overlaps and required consultations

• Airport/airspace matters require consultation with the relevant Commonwealth body where proposed development penetrates Limitation or Operations Surfaces for Cootamundra Airport (cl 6.8(2)-(4)). That introduces a Commonwealth decision point into local planning determinations.
• Heritage: for archaeological sites not on the State Heritage Register the Council must notify the Heritage Council and consider its response (cl 5.10(7)). For Aboriginal places of heritage significance the Council must notify local Aboriginal communities and consider responses (cl 5.10(8)). For nominated State heritage items proposed for demolition, the Heritage Council must be notified and its response considered (cl 5.10(9)).
• Aquaculture: cl 5.19(5) requires the consent authority to consider relevant aquaculture industry development plans and the NSW Oyster Industry Sustainable Aquaculture Strategy when determining oyster aquaculture applications.

Effect on private instruments and property rights

• Clause 1.9A suspends private covenants, agreements and instruments insofar as they restrict development necessary to give effect to the Plan (cl 1.9A(1)). That suspension is subject to exceptions including covenants imposed or required by Council and certain statutory conservation agreements (cl 1.9A(2)). Clause 1.9A(3) preserves public authority registered interests.

Interplay with State SEPPs and national standards

• The Plan lists several SEPPs that may be relevant to development within the Plan area in the Land Use Table note (for example SEPPs on Housing 2021, Transport and Infrastructure 2021, Resources and Energy 2021, Resilience and Hazards 2021, Industry and Employment 2021, Primary Production 2021, etc.) and states the Plan is subject to prevailing SEPP provisions (cl 1.9). This means many State-wide policy settings (eg transport infrastructure, housing, resilience) continue to apply.

Regulatory constraints retained outside the Plan

• The Plan often states that development that may be permitted without consent under this Plan remains subject to approvals, licences or permits required under other Acts (for example cl 3.1 Note 2 regarding other approvals; Schedule 2 Note 2). This preserves the need to secure separate licences where other statutes require them (for example water licences, environmental licences, native vegetation approvals).

In short, the Plan is expressly designed to be read and applied alongside the Act, SEPPs, the Environmental Planning and Assessment Regulation 2021 and a suite of other relevant NSW Acts (Heritage, Crown Land, Fisheries, Rural Fires, Local Government, Land Acquisition). It creates local policy choices that are constrained or informed by those wider legal frameworks and embeds procedural hooks for consultation and notification with other bodies.

The Plan text contains amendment notes at multiple clauses and schedules. These internal amendment annotations are the Plan’s own record of changes and should be read as the authoritative history present in the instrument text. Key amendment entries recorded in the text include:

• Clause 1.8A (Savings provision relating to development applications) is marked as amended: “cl 1.8A: Am 2019 (621), Sch 5[1]”. This entry indicates a 2019 amendment inserting the savings clause.
• Clause 1.9A (Suspension of covenants, agreements and instruments) shows amendments: “cl 1.9A: Am 2019 (621), Sch 5[2]-[4]”, indicating the 2019 amendment that added the suspension provision and its subclauses.
• Clause 2.1 (Land use zones) lists multiple amendment entries: “cl 2.1: Am 2018 (222), Sch 1 [1]; 2019 (335), Sch 1 [1]; 2019 No 14, Sch 2.5[1]; 2022 (831), Sch 1.7[1]”. This indicates several amendments to zone lists across 2018-2022.
• Land Use Table and related entries show a long sequence of amendments: “Land Use tbl: Am 2015 (16), Sch 1 [1]; 2015 (572), cl 4; 2016 (168), Sch 1 [2] [5]; 2017 (493), Sch 1.1 [1]; 2018 (79), cl 5 (1)-(3); 2018 (222), Sch 1 [2]; 2018 No 25, Sch 5.6; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 (335), Sch 1 [2] [3]; 2019 No 14, Sch 2.5[2] [3]; 2022 (314), Sch 1; 2022 (831), Sch 1.7[2]; 2023 (458), Sch 2.24.” This records multiple adjustments to the Land Use Table over several years.
• Clause 4.1A (Minimum lot sizes for dual occupancies, multi dwelling housing and residential flat buildings) was inserted: “cl 4.1A: Ins 2015 (16), Sch 1 [2]”.
• Clause 4.2A (Erection of dwelling houses on land in certain rural and conservation zones) was amended: “cl 4.2A: Am 2015 (362), Sch 1 [1]; 2022 (831), Sch 1.7[3] [4]; 2024 (42), Sch 1.13.” This shows multiple amendments including as recent as 2024 in the version provided.
• Clause 4.2B (Boundary changes between lots...) was inserted and amended: “cl 4.2B: Ins 2015 (362), Sch 1 [2]. Am 2022 (831), Sch 1.7[3] [4].”
• Clause 4.6 (Exceptions to development standards) shows evidence of amendments (subclauses repealed/inserted), including notes that some subclauses are repealed and that certain subclauses were inserted or amended; the Plan text marks repeals and that the Environmental Planning and Assessment Regulation 2021 requires an applicant document when contravening development standards (cl 4.6 Note).
• Clause 5.4 (Controls relating to miscellaneous permissible uses) was amended: “cl 5.4: Am 2018 (406), Sch 1.40 [1] [2]”.
• Clause 5.10 (Heritage conservation) contains a note that Schedule 5 (heritage items) was amended: “sch 5: Am 2015 (16), Sch 1 [3]; 2018 (79), cl 5 (4).”
• Several clauses are marked “Not adopted” or “Not applicable” indicating amendments where default state provisions were not adopted into this Plan (for example cl 4.3 Height of buildings; cl 4.4 Floor space ratio; cl 4.5 Calculation of FSR and site area; cl 5.6 Architectural roof features; cl 5.7 Development below mean high water mark; various cl 5.x Not adopted).
• Schedule 1 records an amendment allowing the use of land at 72 Parker Street: “sch 1: Am 2015 (278), cl 4.”

These amendment notes are the Plan’s internal log: they identify amending instruments by year and citation fragments (for example “2019 (621), Sch 5[1]”). To trace the precise legislative amendments, one must consult the amending instruments listed in those notes on the NSW legislation website. The Plan shows an iterative amendment history from 2015 through at least 2024 in the clauses and schedules annotated.

The Plan text supplied does not identify or record any judicial decisions, litigation outcomes, or legal challenges. It does not list cases or citations. The instrument therefore contains no internal litigation history or references to court decisions. Any litigation arising from the application of this Plan , for example challenges to Council decisions, disputes over consent conditions, or enforcement actions , would be recorded in external sources (case law databases and court records) rather than within the Plan text itself.

Given that the Plan incorporates legal tests, procedural duties and mandatory notification/consultation steps (for example cl 4.6 recordkeeping, cl 5.10 notifications to the Heritage Council or Aboriginal communities, cl 6.8 Commonwealth consultation), those procedural hooks create points at which decisions may be subject to review under the Act in the Land and Environment Court. The Plan, however, does not provide or summarise any such decisions; the presence of procedural obligations means there is a plausible pathway for judicial review where those obligations are not observed, but any actual litigation must be ascertained from external legal records.

This section flags practical traps and attention points that the Plan creates by its structure, wording and cross-references. Each is grounded in a clause or schedule of the Plan.

1. Savings provision means pre-commencement DAs proceed as if the Plan had not commenced (cl 1.8A)

• If an applicant lodged a DA before the Plan’s commencement and it remains undetermined, cl 1.8A requires it to be determined as if the Plan had not commenced. That can produce outcomes under earlier planning controls even after the Plan is in force. Practitioners must check lodgement dates and whether a DA is “finally determined” before the Plan commenced.

2. Suspension of private covenants (cl 1.9A)

• The Plan suspends private covenants and similar instruments “to the extent necessary” to enable development in accordance with the Plan (cl 1.9A(1)). That is a targeted statutory override: it removes private restrictions in many cases but expressly does not apply to covenants the Council imposed or requires (cl 1.9A(2)(a)) and excludes certain conservation/consequential statutory instruments (cl 1.9A(2)(b)-(g)). It also “does not affect the rights or interests of any public authority under any registered instrument” (cl 1.9A(3)). Practitioners should not assume a covenant will always be suspended; they must check cl 1.9A exclusions and determine whether the covenant is one of the excluded types.

3. Exempt/compliant development exclusions and environmentally sensitive areas (cl 3.3)

• Exempt and complying development must not be carried out on any “environmentally sensitive area for exempt or complying development” (cl 3.3(1)), which the clause extensively defines (cl 3.3(2)). This means an activity that would be exempt or complying elsewhere may require full development consent if the land is within a specified sensitive area (coastal lakes, Ramsar sites, high Aboriginal cultural significance, etc.). Check the maps and the detailed definition in cl 3.3(2).

4. Minimum lot sizes and exceptions (cl 4.1; cl 4.2; cl 4.2B; cl 4.1A)

• The Lot Size Map sets minima (cl 4.1(3)). But cl 4.2 permits the creation of smaller lots for primary production in certain rural zones, subject to multiple constraints (no dwelling to be erected on such lots cl 4.2(5); cannot create a lot if an existing dwelling would be situated on it cl 4.2(4)). Boundary adjustments are permitted under cl 4.2B subject to no increase in lot number and minimum areas (cl 4.2B(3)). For dual occupancies and multi-dwelling housing cl 4.1A sets lot area minima (700-1000 m2 depending on form). Confusion can arise if different parts of the Plan and maps are not cross-checked.

5. Exceptions to development standards and evidentiary burden (cl 4.6)

• The Plan allows departures from development standards only if the applicant demonstrates compliance with cl 4.6(3)(a)-(b). The Plan notes the Regulation requires a document setting out the applicant’s grounds (cl 4.6 Note). Councils must keep assessment records (cl 4.6(4)). Some categories are excluded from cl 4.6’s operation (cl 4.6(8)). If an applicant relies on cl 4.6, expect close scrutiny of the grounds and record-keeping demands; failing to lodge the required material risks refusal.

6. Heritage notification and consultation timings (cl 5.10(5)-(9))

• For archaeological sites not on the State Heritage Register, the consent authority must notify the Heritage Council and consider any response within 28 days (cl 5.10(7)). For Aboriginal places, local Aboriginal communities must be notified and any response within 28 days considered (cl 5.10(8)). Late or inadequate notification may expose the decision to procedural challenge.

7. Canal estates are outright prohibited (cl 2.9)

• The Plan defines and prohibits canal estate development (cl 2.9(1)-(2)). Proposals involving excavation to create waterbodies, flood-level filling or canal constructions as described are not permitted.

8. Music and licensed premises,limited grounds for refusal (cl 5.20)

• The consent authority must not refuse consent for licensed premises on grounds related to the type, live/amplified character, genre, number of performers, presence of dancing, or stage orientation (cl 5.20(1)(a)-(e)), and must not refuse on noise grounds if satisfied noise may be managed to an acceptable level (cl 5.20(2)). This restricts the use of planning objections from neighbours on musical grounds; instead, noise management and conditions are likely the operative tools.

9. Airspace/airport consultation (cl 6.8)

• If proposed development would penetrate the Limitation or Operations Surface for Cootamundra Airport, the consent authority must consult the relevant Commonwealth body and may not grant consent if the Commonwealth body advises the development should not be constructed (cl 6.8(2)-(4)). Practitioners must check the Obstacle Limitation Surface maps and obtain the Commonwealth body’s view early.

10. Essential services for certain zones (cl 6.9)

• In RU4 and R5 zones the consent authority must be satisfied essential services are available (water, electricity, sewage disposal, stormwater, vehicular access) before consent is granted (cl 6.9(2)). This is a possible grounds for refusal if infrastructure adequacy is not demonstrated.

11. Multiple mapped overlays; check the maps

• Many clauses operate only where land is shown on a specific map (Terrestrial Biodiversity Map cl 6.3; Groundwater Vulnerability Map cl 6.4; Watercourses Map cl 6.5; Lot Size Map cl 4.1). Practitioners must check the relevant map overlays; assuming a clause applies without map confirmation is risky.

12. Not adopted provisions and lacunae

• Several standard LEP provisions are marked “Not adopted” (eg height, floor space ratio, calculation of FSR, architectural roof features). Their absence can produce uncertainty: for example, there may be no Plan-level maximum height or FSR to rely on, leaving Council to apply other policies or controls. Check whether local development control plans or state instruments fill those gaps.

13. Clause 1.9A does not affect public authority registered interests

• Where a covenant is registered in favour of a public authority, cl 1.9A(3) states it does not affect those rights; do not assume suspension applies to covenants benefitting public authorities.

14. Narrow additional permitted use in Schedule 1

• Schedule 1 permits a printing works at a specific parcel 72 Parker Street with development consent. That is a site-specific entitlement and does not generalise to other land (Schedule 1(1)-(2)).

These “gotchas” are concrete points of attention: they create procedural steps, evidentiary requirements and potential conflict points between private documents, maps and statutory exceptions that must be navigated when advising applicants or assessing projects.

This section sets out a practical compliance checklist and process flow tied to the Plan’s operative clauses. It is written as a practitioner’s step-by-step approach referencing the Plan.

1. Confirm the applicable planning layers

• Identify the subject land on the Plan’s maps: Land Zoning Map (cl 2.2), Lot Size Map (cl 4.1), Heritage Map (cl 5.10 and Schedule 5), Terrestrial Biodiversity Map (cl 6.3), Watercourses Map (cl 6.5), Groundwater Vulnerability Map (cl 6.4) and any other operative maps (cl 1.7).
• Check whether the land is within any “environmentally sensitive area for exempt or complying development” under cl 3.3(2). If it is, exempt and complying development are precluded (cl 3.3(1)).

2. Establish the planning status of the proposal

• Consult the Land Use Table (cl 2.3 and the Land Use Table entries for the relevant zone) to determine whether the proposed use is:
  • Permitted without consent, in which case confirm any other approvals required under other Acts (cl 3.1 Note 2).
  • Permitted with consent, in which case prepare a development application addressing the matters the consent authority must consider (see steps below).
  • Prohibited, in which case the Plan precludes consent and alternative locations or amendments would be required.

3. For subdivision proposals

• Check minimum lot sizes on the Lot Size Map (cl 4.1(3)). If a smaller lot is sought, evaluate whether cl 4.2 (rural subdivision) or cl 4.2B (boundary adjustments) applies and ensure the specific constraints are met (for example cl 4.2(5) prohibits a dwelling on lots created under that clause).
• For multi-dwelling forms and dual occupancies, apply cl 4.1A minimum lot sizes (700-1000 m2 depending on form).

4. For development that may contravene a development standard

• If an applicant seeks consent despite a standard contravention, prepare the cl 4.6 justification answering both limbs: (a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and (b) there are sufficient environmental planning grounds to justify the contravention (cl 4.6(3)). The Plan’s Note instructs that the Environmental Planning and Assessment Regulation 2021 requires that this be set out in a document accompanying the DA (cl 4.6 Note). Expect the consent authority to keep a record of assessment (cl 4.6(4)).

5. Environmental and heritage assessments

• For any proposal on land mapped for biodiversity, groundwater vulnerability, riparian areas, highly erodible soils or dryland salinity, prepare and lodge technical reports addressing the cl 6.3, cl 6.4, cl 6.5, cl 6.7 and cl 6.6 matters respectively. The consent authority must be satisfied that the development is designed, sited and will be managed to avoid, minimise or mitigate significant adverse impacts (cl 6.3(4), cl 6.4(4), cl 6.5(4), cl 6.6(4), cl 6.7(3)).
• For heritage items or conservation areas (Schedule 5 and cl 5.10), be ready to prepare a heritage management document or a heritage conservation management plan if required (cl 5.10(5)-(6)). For archaeological sites not listed on the State Heritage Register, the Council must notify the Heritage Council and consider any response within 28 days (cl 5.10(7)). For Aboriginal heritage, notify local Aboriginal communities and allow for a 28‑day response (cl 5.10(8)).

6. Aquaculture and intensive livestock

• For pond/tank aquaculture follow cl 5.19 and Schedule 6. Ensure the proposal complies with site location and operational requirements, including exclusion zones (Schedule 6 Division 1(1) and Part 2 for extensive aquaculture). For intensive livestock, address cl 5.18(3) matters in the statement of environmental effects: odour, effluent management, soil impacts, animal welfare codes and DPI guidelines.

7. Airport/airspace impacts

• If works would penetrate the Limitation or Operations Surface at Cootamundra Airport, consult the relevant Commonwealth body early. The consent authority cannot grant consent if the Commonwealth body advises against construction (cl 6.8(2)-(4)).

8. Essential services for RU4 and R5

• For development in RU4 or R5 ensure that the supply of water, electricity, sewage disposal, stormwater management and vehicular access are available or adequate arrangements exist, as the consent authority must be satisfied before consent is granted (cl 6.9(2)-(3)).

9. Temporary use and event planning

• For temporary uses up to 52 days in a 12‑month period, satisfy cl 2.8(3) tests that the temporary use will not prejudice future development, will not adversely impact amenity or environmental attributes and that the land will be restored after the temporary use (cl 2.8(2)-(3)). Sales office exceptions exist (cl 2.8(4)-(5)).

10. Licensed premises and music

• For licensed premises where music or live performance is a component, note cl 5.20 which limits grounds for refusal. Prepare a noise management plan to demonstrate the consent authority can be satisfied that noise may be managed to an acceptable level (cl 5.20(2)).

11. Demolition and earthworks

• Obtain development consent for demolition unless it is exempt by another instrument (cl 2.7). For earthworks that require consent, address cl 6.1 matters (drainage, soil stability, source and destination of fill, likely disturbance of relics, impacts on watercourses) in the DA.

12. Interaction with other approvals

• Confirm whether other licences or permits are required under other Acts (for example Fisheries, Crown land licences, water licences, heritage approvals). The Plan explicitly states that exempt development is not exempt from approvals under other Acts (Schedule 2 Note 2 and cl 3.1 Note 2).

13. Consultations and notifications

• Build in time for statutory notifications: Heritage Council and Aboriginal community notifications (cl 5.10(7)-(9)) and Commonwealth aviation consultation where relevant (cl 6.8(2)). Failure to allow for these notifications may delay the decision or render the process defective.

14. Conditions of consent and compliance

• Be prepared to accept conditions on consent that secure conservation works (cl 5.10(10)) or require mitigation measures for environmental impacts (multiple clauses). Implement compliance systems to meet those conditions.

15. Record-keeping and assessment transparency

• Document all assessment material carefully, particularly where relying on cl 4.6 (exceptions to development standards), where the consent authority must keep a record (cl 4.6(4)).

Practical checklist for practitioners preparing a DA

• Step 1: Map check for zoning and overlays (Land Zoning Map, Lot Size Map, Heritage Map, Terrestrial Biodiversity Map, Watercourses Map, Groundwater Vulnerability Map).
• Step 2: Confirm permissibility in the Land Use Table (cl 2.3).
• Step 3: Identify required technical reports (heritage, biodiversity, flood, groundwater, erosion, noise).
• Step 4: If proposing a standard contravention, prepare the cl 4.6 justification and required Regulation document.
• Step 5: Prepare heritage/Aboriginal notifications where triggered by cl 5.10.
• Step 6: If in RU4/R5 ensure essential services evidence (cl 6.9).
• Step 7: If near Cootamundra Airport check Limitation/Operations Surface and obtain Commonwealth views (cl 6.8).
• Step 8: Prepare conditions‑compliance plan and budget for any conservation obligations (cl 5.10(10)).
• Step 9: If relying on exempt/compliant development check cl 3.3 environmentally sensitive area exclusions and schedule requirements (cl 3.1-3.3).
• Step 10: Lodge DA with all supporting material, allow time for statutory notifications, and expect close scrutiny of environmental and heritage compliance.

Following these steps and cross‑checking the specific Plan clauses cited above will put applicants in the strongest position to satisfy the consent authority’s “must be satisfied” requirements and to avoid the procedural pitfalls the Plan has built into its framework.