This local environmental plan sets the rules for what can be built and used on land in Eurobodalla, using maps and zone rules to say which activities are allowed, need council consent, or are prohibited. The Council decides most applications (cl 1.6); landowners and developers bear compliance costs (consents, management plans, mapped constraints). It matters because mapped overlays (flooding, riparian, acid sulfate soils, heritage) and specific parcel rules change where and how private development can proceed (see cl 5.21, 6.7, 6.3, sch 1).
This instrument is a local environmental plan (LEP) for the Eurobodalla area. Mechanically, it sets the zoning framework, specifies what uses are permitted, permitted-with-consent or prohibited in each zone, prescribes development standards (for example minimum lot sizes, building heights), and records local maps, heritage listings, and land classifications. The Plan identifies the consent authority (the Council, subject to the Act, cl 1.6), requires development consent for many otherwise-significant actions (for example subdivision, cl 2.6; demolition, cl 2.7; development in certain areas and for certain uses throughout Parts 4-6), and provides schedules that add local permitted uses (Schedule 1), exempt development (Schedule 2), complying development (Schedule 3) and heritage listings (Schedule 5).
The Plan operates through maps that are adopted and kept in electronic or paper form (cl 1.7). It applies to land identified on the Land Application Map and the Land Zoning Map (cl 1.3, cl 2.2). The Land Use Table (Part 2) translates zone objectives into authorised and prohibited uses, and requires the consent authority to have regard to zone objectives when deciding applications (cl 2.3). The Plan includes specific local controls and provisions for environmental values such as riparian lands and wetlands (cl 6.7, cl 6.8), acid sulfate soils (cl 6.3), stormwater (cl 6.9), flood planning and special flood considerations (cl 5.21, cl 5.22), heritage conservation (cl 5.10 and Schedule 5), and aquaculture (cl 5.19 and Schedule 6). It also contains localised rules: minimum frontage for MU1 buildings (cl 6.10), active street frontage requirements (cl 6.11), and airport airspace consultation obligations for Moruya Airport (cl 6.17).
The Plan distinguishes three regulatory pathways: exempt development (Schedule 2 and cl 3.1), complying development (cl 3.2 and Schedule 3) and development requiring development consent (the remainder of the Plan). Exempt and complying development are excluded from the need to obtain development consent, subject to the Plan’s standards and other statutory controls, but are ineligible where the site is environmentally sensitive (cl 3.3). The Plan also preserves transition arrangements for development applications made before commencement (savings clause, cl 1.8A).
Current sections
Direct links to the current provisions in Eurobodalla Local Environmental Plan 2012.
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; Animal boarding or training establishments; Aquaculture; Camping grounds; Cellar door premises; Dual occupancies; Dwelling houses; Eco-tourist facilities; Extractive industries; Farm buildings; Funeral homes; Home industries; Intensive livestock agriculture; Intensive plant agriculture; Landscaping material supplies; Open cut mining; Plant nurseries; Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Secondary dwellings; Tourist and visitor accommodation; Any other development not specified in item 2 or 4
4
Prohibited
4 Prohibited
4 Prohibited
Advertising structures; Amusement centres; Business premises; Caravan parks; Centre-based child care facilities; Entertainment facilities; Heavy industrial storage establishments; Hotel or motel accommodation; Industrial retail outlets; Industries; Office premises; Residential accommodation; Restricted premises; Retail premises; Serviced apartments; Sex services premises; Vehicle body repair workshops; Vehicle repair stations
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 |
| Zone SP2 Infrastructure and marked “Car park” | Council |
| Zone SP2 Infrastructure and marked “Local Road Widening” | Council |
| Zone C2 Environmental Conservation and marked “Coastal Lands Acquisition” | The corporation constituted under section 8 of the Act |
(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.
cl 5.1: Am 2022 (830), Sch 1.11[6].
Part 6
Additional local provisions
Part 6 Additional local provisions
Part 6 Additional local provisions
6
Public utility infrastructure
6 Public utility infrastructure
6.1 Public utility infrastructure
(1) Development consent must not be granted for development on land in a land release area unless the Council is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when it is required.
(2) This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.
Use of certain land at 1554 Princes Highway, Bimbimbie
7 Use of certain land at 1554 Princes Highway, Bimbimbie
7 Use of certain land at 1554 Princes Highway, Bimbimbie
(1) This clause applies to land at 1554 Princes Highway, Bimbimbie, being Lots 21 and 22, DP 1063392.
(2) Development for the purposes of an animal boarding or training establishment is permitted with development consent.
8
Use of certain land at Bodalla
8 Use of certain land at Bodalla
8 Use of certain land at Bodalla
(1) This clause applies to land at Bodalla, being Lots 1–11, DP 32142 and Lots 12 and 13, DP 1060883.
(2) Development for the purposes of a single dwelling on each lot is permitted with development consent, if the means of access to each lot is satisfactory to the consent authority.
9
Use of certain land at 1166 Princes Highway, Jeremadra
9 Use of certain land at 1166 Princes Highway, Jeremadra
9 Use of certain land at 1166 Princes Highway, Jeremadra
(1) This clause applies to land at 1166 Princes Highway, Jeremadra, being Lot 1, DP 60785.
(2) Development for the purpose of an extractive industry within the curtilage of the existing quarry is permitted with development consent.
10
Use of certain land at Princes Highway, Mogo
10 Use of certain land at Princes Highway, Mogo
10 Use of certain land at Princes Highway, Mogo
(1) This clause applies to land at Princes Highway, Mogo, being Lot 1, DP 875990.
(2) Development for the purposes of extractive industries within the curtilage of the existing quarry is permitted with development consent.
11
Use of certain land at Bruce Cameron Drive (Airport Road), Moruya
11 Use of certain land at Bruce Cameron Drive (Airport Road), Moruya
11 Use of certain land at Bruce Cameron Drive (Airport Road), Moruya
(1) This clause applies to land at Bruce Cameron Drive (Airport Road), Moruya, being Lot 4, DP 1090948.
(2) Development for the purposes of commercial, tourist, residential, industrial and recreational land uses that are related to the use of Moruya Airport is permitted with development consent.
12
Use of certain land at 97 Campbell Street, Moruya
12 Use of certain land at 97 Campbell Street, Moruya
12 Use of certain land at 97 Campbell Street, Moruya
(1) This clause applies to land at 97 Campbell Street, Moruya, being Lot 6, DP 1089159.
(2) Development for the purposes of industry, being specifically for a concrete batching plant, is permitted with development consent.
13
Use of certain land at 28A Evans Street, Moruya
13 Use of certain land at 28A Evans Street, Moruya
13 Use of certain land at 28A Evans Street, Moruya
(1) This clause applies to land at 28A Evans Street, Moruya, being Lot 308 (SPL 1964/13), DP 752151.
(2) Development for the purpose of serviced apartments in association with a registered club is permitted with development consent.
14
Use of certain land at North Head Drive, Moruya
14 Use of certain land at North Head Drive, Moruya
14 Use of certain land at North Head Drive, Moruya
(1) This clause applies to land at North Head Drive, Moruya, being Lot 100, DP 1004180.
(2) Development for the purposes of hotel or motel accommodation comprising 18 detached and semi-detached rooms or self-contained facilities, amenities and recreation hall, workshop and storage building, boiler house, BBQ shelter and a caretaker’s residence is permitted with development consent.
15
Use of certain land at Old Mossy Point Road, Mossy Point
15 Use of certain land at Old Mossy Point Road, Mossy Point
15 Use of certain land at Old Mossy Point Road, Mossy Point
(1) This clause applies to land at Old Mossy Point Road, Mossy Point, being Lot 1, DP 1040724.
(2) Development for the purposes of residential accommodation, consisting of no more than 90 dwellings, is permitted with development consent.
15A
Use of certain land at Wharf Street, Nelligen
15A Use of certain land at Wharf Street, Nelligen
15A Use of certain land at Wharf Street, Nelligen
(1) This clause applies to the following parcels of land at Nelligen—
(a) the parcel of land comprising 1 Wharf Street, being Lot 15, Section 6, DP 758762,
(b) the parcel of land comprising 3, 5, 7 and 9 Wharf Street, being Lots 11–13, Section 6, DP 758762, Lot 1, DP 125591 and Lot 1, DP 1038903,
(c) the parcel of land comprising 11 Wharf Street, being Lot 10, Section 6, DP 758762,
(d) the parcel of land comprising 13 and 15 Wharf Street, being Lots 8 and 9, DP 571676,
(e) the parcel of land comprising 17 and 19 Wharf Street, being Lots 6 and 7, Section 6, DP 758762.
(2) Development for the purposes of a single dwelling house (and any associated bed and breakfast accommodation, health consulting rooms, home-based child care, home business, home industry or secondary dwelling) is permitted with development consent on each of the parcels of land specified in subclause (1).
16
Use of certain land at Clyde Road, North Batemans Bay
16 Use of certain land at Clyde Road, North Batemans Bay
16 Use of certain land at Clyde Road, North Batemans Bay
(1) This clause applies to land at Clyde Road, North Batemans Bay, being Lot 70, DP 877865.
(2) Development for the purposes of a building or group of buildings used for storage of a maximum of 60 boats and the undertaking of ancillary boat servicing activities is permitted with development consent.
17
17
17 (Repealed)
18
Use of certain land at 44 Tranquil Bay Place, Rosedale
18 Use of certain land at 44 Tranquil Bay Place, Rosedale
18 Use of certain land at 44 Tranquil Bay Place, Rosedale
(1) This clause applies to land at 44 Tranquil Bay Place, Rosedale, being Lot 4, DP 804658.
(2) Development for the purposes of two attached dwellings for holiday accommodation on a casual basis for the exclusive use of terminally ill persons and their families is permitted with development consent. The development must be contained within the nominated building curtilage as shown on the deposited plan.
19
Use of certain land at Old South Coast Road, South Narooma
19 Use of certain land at Old South Coast Road, South Narooma
19 Use of certain land at Old South Coast Road, South Narooma
(1) This clause applies to land at Old South Coast Road, South Narooma, being Lot 31, DP 876114, Lots 3 and 4, DP 1042712 and Lots 4 and 5, DP 1040577.
(2) Development for the purposes of one dwelling on each lot is permitted with development consent.
20
Use of certain land at 2–10 Ainslie Place, Tomakin
20 Use of certain land at 2–10 Ainslie Place, Tomakin
20 Use of certain land at 2–10 Ainslie Place, Tomakin
(1) This clause applies to land at 2–10 Ainslie Parade, Tomakin, being part of Lot 33, DP 207386, identified as “2” on the Additional Permitted Uses Map.
(2) Development for the purposes of a market and storage of items for sale at that market is permitted with development consent.
21
Use of certain land at George Bass Drive, Tomakin
21 Use of certain land at George Bass Drive, Tomakin
21 Use of certain land at George Bass Drive, Tomakin
(1) This clause applies to land at George Bass Drive, Tomakin, being Lot 1, DP 881897, Lot 3, DP 843654 and Lot 221, DP 1111921.
(2) Development for the purposes of residential accommodation, consisting of no more than 60 dwellings, is permitted with development consent.
22
Use of certain land at Trafalgar Street, Tuross Head
22 Use of certain land at Trafalgar Street, Tuross Head
22 Use of certain land at Trafalgar Street, Tuross Head
(1) This clause applies to land at Trafalgar Street, Tuross Head, being Lots D–J, DP 18055, Lot K, DP 362231, Lot 1, DP 624709, Lots 1–5, DP 28921 and part of Lot 8, DP 28921, identified as “3” on the Additional Permitted Uses Map.
(2) Development for the purposes of restaurants or cafes, take away food and drink premises and shops is permitted with development consent.
23
23
23 (Repealed)
24
Use of certain land in Zones R2, R3 and C4 at Moruya
24 Use of certain land in Zones R2, R3 and C4 at Moruya
24 Use of certain land in Zones R2, R3 and C4 at Moruya
(2) Development for the purposes of funeral homes, information and education facilities, office premises, public administration buildings and veterinary hospitals is permitted with development consent.
25
Use of certain land in Zones R2 and R3 at Narooma
25 Use of certain land in Zones R2 and R3 at Narooma
25 Use of certain land in Zones R2 and R3 at Narooma
(2) Development for the purposes of funeral homes, information and education facilities, office premises, public administration buildings and veterinary hospitals is permitted with development consent.
(2) Development for the purposes of entertainment facilities, food and drink premises, function centres, funeral homes, information and education facilities, office premises, public administration buildings, recreation facilities (indoor) and veterinary hospitals is permitted with development consent.
27
Use of certain land at Bergalia, Central Tilba and Eurobodalla
27 Use of certain land at Bergalia, Central Tilba and Eurobodalla
27 Use of certain land at Bergalia, Central Tilba and Eurobodalla
(1) This clause applies to—
(a) land at Bingie Road, Bergalia, being Lot 1, DP 124914, and
(b) land at Sherringham Lane and Princes Highway, Central Tilba, being Lots 2 and 3, DP 1196461 and Lot 401, DP 1132410, and
(c) land at Eurobodalla Road, Eurobodalla, being Lot 3, DP 1156220.
(2) Development for the purposes of dual occupancies and dwelling houses is permitted with development consent.
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.
Commercial use of public land (including waterways on public land) for personal or group training, water sports, swimming or surf schools and the like or for sightseeing or recreational tours
sch.2-sec Commercial use of public land (including waterways on public land) for personal or group training, water sports, swimming or surf schools and the like or for sightseeing or recreational tours
Commercial use of public land (including waterways on public land) for personal or group training, water sports, swimming or surf schools and the like or for sightseeing or recreational tours
(1) Must not permanently occupy the public land or waterway.
(2) Must not involve the construction of any permanent structures on, in or above the public land or waterway.
(3) Must only be carried out between 7 am and 7 pm any day.
Note.
The proponent must have obtained any required lease, licence or other authorisation from the relevant public authority.
sch.2-sec-oc.2
Development on land within Zone C4 Environmental Living
sch.2-sec-oc.2 Development on land within Zone C4 Environmental Living
Development on land within Zone C4 Environmental Living
Must be on land within Zone C2 Environmental Conservation.
Note.
Clause 3.3 prohibits the carrying out of exempt or complying development on any environmentally sensitive area for exempt or complying development (as defined in that clause).
sch.2-sec-oc.5
Outdoor lighting (excluding external lighting for sports fields, tennis courts or other sporting facilities and detached external lighting other than low level garden lighting)
sch.2-sec-oc.5 Outdoor lighting (excluding external lighting for sports fields, tennis courts or other sporting facilities and detached external lighting other than low level garden lighting)
Outdoor lighting (excluding external lighting for sports fields, tennis courts or other sporting facilities and detached external lighting other than low level garden lighting)
(1) Must not directly light any adjoining premises, land or occupancy.
(2) Must comply with AS 4282—Control of the Obtrusive Effects of Outdoor Lighting.
(3) Must be used for recreational or security purposes only.
(4) Must not be used for advertising purposes or the floodlighting or illumination of buildings or premises.
sch.2-sec-oc.6
Rural outbuildings (excluding farm buildings and garden sheds) that are ancillary to an existing dwelling on the property
sch.2-sec-oc.6 Rural outbuildings (excluding farm buildings and garden sheds) that are ancillary to an existing dwelling on the property
Rural outbuildings (excluding farm buildings and garden sheds) that are ancillary to an existing dwelling on the property
(1) Maximum one permitted per property.
(2) Must be located on land within Zone RU1 Primary Production, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots or Zone RU5 Village.
(3) Maximum size 100m2 on properties equal to or greater than 2ha.
(4) Maximum size 60m2 on properties less than 2ha.
(5) Maximum height 6m above ground level (existing).
(6) Must be located at least 20m from the front boundary (road) and 12m from any side or rear property boundary.
(7) Must be located at least 40m from any natural watercourse.
(8) Must be located below ridgelines.
(9) Must be located at least 10m from a dwelling.
(10) If the structure is located on bush fire prone land, the structure must be made of non-combustible materials only.
(11) Must not be used for commercial or habitable use.
(12) Exterior surfaces must have non-reflective finishes.
(13) Exterior colour is to be compatible with the surrounding environment.
This Plan is Eurobodalla Local Environmental Plan 2012.
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 Eurobodalla 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 preserve the urban growth boundaries of Eurobodalla as identified in the Eurobodalla Settlement Strategy,
(b) to ensure development embraces the principles of ecologically sustainable development and quality urban design, and encourages walking, cycling and public transport use,
(c) to provide employment opportunities and strengthen the local economic base by encouraging a range of enterprises, including tourism, which respond to lifestyle choices, emerging markets and changes in technology,
(d) to identify and protect the established residential neighbourhoods and ensure a sufficient supply of suitable land to meet the future residential needs of Eurobodalla,
(e) to restrict development of land that is subject to flooding, coastline hazard, bush fires and land slip,
(f) to ensure that resource lands, including agriculture, mineral resources and extractive materials are not rendered sterile from incompatible land use,
(g) to provide measures to protect and manage the biodiversity and environmental values of the land and waterways,
Where a conflict may exist between State environmental planning policies (SEPPs) and this Plan, SEPPs prevail as provided by the Act; the Plan states that it is subject to any SEPP that prevails (cl 1.9). The Plan also contains a suspension mechanism for private covenants and similar instruments to the extent necessary to enable development consistent with the Plan, subject to specific exceptions (cl 1.9A). The Plan does not itself set criminal penalties or offence provisions in the text provided; enforcement and sanctioning mechanisms operate under the relevant planning Act and the regulatory framework the Act establishes, to which the Plan repeatedly refers (cl 1.6, cl 1.9).
The official rationale is expressed at cl 1.2: to make local planning provisions for Eurobodalla consistent with the standard instrument, and to pursue objectives such as protecting urban growth boundaries, promoting ecologically sustainable development, supporting arts and culture, protecting heritage, and constraining development in hazard-prone areas. Those stated purposes are the plan-maker’s objectives; the Plan’s operative mechanisms are the zones, the Land Use Table, development standards, maps and local clauses which translate those aims into permissions, prohibitions and consent triggers.
Main concepts
The Plan’s architecture is built on a small set of interlocking concepts.
Zoning and Land Use Table. The Plan divides land into named zones (cl 2.1) and maps those zones (cl 2.2). The Land Use Table (Part 2) sets, for each zone, the objectives, what is permitted without consent, what is permitted only with consent, and what is prohibited (cl 2.3). The consent authority must have regard to zone objectives when deciding applications (cl 2.3(2)). The Land Use Table is the instrument’s primary allocation of regulatory rights and constraints; it is applied against mapped land parcels.
Consent pathways. There are three main regulatory paths. Exempt development is identified in Schedule 2 and may be carried out where it meets the schedule standards and other requirements (cl 3.1). Complying development is identified in Schedule 3 and cl 3.2 and may proceed under a complying development certificate where the specified standards and conditions are met. All other development requires development consent from the consent authority, generally the Council (cl 1.6, cl 2.3). Exempt and complying development are excluded from the consenting pathway where the site is an "environmentally sensitive area for exempt or complying development" (cl 3.3).
Local maps and data. The Plan relies on multiple maps (Land Zoning Map, Lot Size Map, Height of Buildings Map, Heritage Map, Riparian Lands and Watercourses Map, Wetlands Map, Acid Sulfate Soils Map, Land Reservation Acquisition Map, Public Infrastructure Buffer Map, Obstacle Limitation Surface Map and others). The Plan treats map adoption, amendment and public access formally (cl 1.7). Many standards (e.g. minimum lot size cl 4.1, building height cl 4.3) are expressed by reference to maps.
Development standards and exceptions. Part 4 contains principal development standards: minimum lot sizes, strata/community title rules, lot averaging and exceptions (cl 4.1 and related clauses), height of buildings (cl 4.3), and an exceptions regime that allows consent authorities to grant consent despite contravening a development standard where environmental planning grounds justify it, with specified limits (cl 4.6). That exceptions clause is circumscribed, and expressly excludes contravention of certain development standards (cl 4.6(8)).
Environmental and heritage controls. The Plan embeds site-based protections: heritage (cl 5.10 and Schedule 5), riparian lands (cl 6.7), wetlands (cl 6.8), acid sulfate soils (cl 6.3), flood planning (cl 5.21 and cl 5.22), stormwater (cl 6.9) and others. These provisions typically require that consent authorities be satisfied a proposal avoids, minimises or mitigates significant environmental impacts, and require specific supporting documentation in some contexts, for example heritage management documents (cl 5.10(5)) and acid sulfate soils management plans (cl 6.3(3)).
Localised uses and infrastructure interactions. The Plan specifies additional permitted uses for identified parcels in Schedule 1 and determines the relevant State authority for owner-initiated land acquisition under the Land Acquisition (Just Terms Compensation) Act 1991 (cl 5.1). Airport airspace operations (cl 6.17) require consultation with Commonwealth bodies. The Plan recognises the Crown’s infrastructure powers and does not restrict development authorised by relevant State SEPPs for infrastructure (cl 5.12).
Suspensions, savings and transitional rules. The Plan contains savings for development applications lodged before commencement (cl 1.8A) and a clause that suspends private covenants to the extent necessary to enable development under the Plan, with specific exceptions (cl 1.9A).
Those concepts translate aims into decision triggers: mapping plus zone plus Land Use Table determine whether a use is authorised; the environmental and heritage clauses set constraints and evidentiary expectations; exempt and complying pathways create alternative, faster regulatory routes for low-impact development; local schedules record place-specific rights.
Who it affects
The Plan allocates regulatory entitlements and burdens across specific groups; the principal affected parties are:
Landowners and developers in Eurobodalla. The primary impact is on owners of mapped land. Land users must check the Land Zoning Map and the Lot Size Map to see what uses are permitted, which require development consent and which are prohibited (cl 2.2, cl 4.1). Subdivision, erection of buildings, demolition and many other activities require development consent (for example cl 2.6, cl 2.7), unless they fall within exempt or complying categories (cl 3.1-3.2).
Eurobodalla Shire Council (the consent authority). The Council is identified as consent authority, subject to the Act (cl 1.6). The Council holds decision-making power over development applications, and has functions such as keeping records of assessments under cl 4.6(4), and classifying or reclassifying public land under cl 5.2 subject to the Local Government Act 1993. The Council is also the relevant authority for acquisition of certain local open space (cl 5.1 table).
State agencies and other public authorities. SEPPs can prevail over the Plan (cl 1.9). For certain Crown or State infrastructure (for example SP2 infrastructure and classified roads), state authorities such as Transport for NSW are identified as the relevant acquisition authority (cl 5.1(2) table). Moruya Airport matters require consultation with Commonwealth bodies (cl 6.17). Public authorities carrying out emergency, maintenance or minor works on acid sulfate soils are exempt from the consent requirement under specified thresholds (cl 6.3(5)).
Aboriginal communities and heritage stakeholders. Clauses for heritage items and Aboriginal places require particular processes: notification of local Aboriginal communities and consideration of responses when development affects Aboriginal places of heritage significance (cl 5.10(8)), and consultation with the Heritage Council for archaeological sites (cl 5.10(7)). Schedule 5 lists numerous heritage items and conservation areas to which those procedural duties attach.
Primary producers, aquaculture and other industry sectors. The Plan contains rules for intensive livestock agriculture (cl 5.18), aquaculture (cl 5.19 and Schedule 6), farm dams (Schedule 2 sch.2-sec-oc.3) and other rural uses. These provisions specify location, capacity and operational constraints and in some cases allow small-scale activities without consent subject to proximity and environmental limits (cl 5.18(4)-(5), cl 5.19(4)-(6)).
Licensed premises and entertainment operators. Clause 5.20 bars consent authorities from refusing development for licensed premises on a list of grounds related to the playing and performance of music, provided the consent authority is satisfied noise can be managed to an acceptable level (cl 5.20(1)-(2)). That directly affects operators of licensed venues and local decision-making.
Residents and neighbours. Many clauses require consent authorities to consider amenity, impacts on neighbouring uses, noise, odour, stormwater and traffic impacts (for example cl 4.6(3) and cl 6.9), which shapes development outcomes in residential areas and small communities.
Users of public land and recreational operators. Schedule 2 permits limited commercial use of public land for short-term activities such as surf schools and tours subject to operating hours and prohibitions on permanent occupation (sch.2-sec Commercial use of public land). The Plan notes that proponents must obtain any required lease, licence or authorisation from the relevant public authority.
The Plan therefore creates compliance obligations for private actors, procedural and discretionary duties for the Council and requires the involvement of State and Commonwealth bodies in specific technical matters.
Key duties and rights
This section sets out the primary statutory obligations and devolved rights created by the Plan, with references.
Duty to obtain development consent for specified activities. The Plan repeatedly requires development consent for particular activities: subdivision (cl 2.6), demolition (cl 2.7), subdivision in release areas (cl 6.2), many heritage works (cl 5.10(2)), development below mean high water mark (cl 5.7), conversion of fire alarm monitoring (cl 5.8(2) unless complying), and others. Failure to obtain necessary consent will expose the proponent to enforcement under the Act and associated regulations.
Right to carry out exempt or complying development where the Plan’s conditions are met. Development identified in Schedule 2 as exempt may be carried out where it meets the Schedule standards and other statutory controls (cl 3.1). Complying development listed in Schedule 3 is available under conditions (cl 3.2). Exempt/compliant pathways are unavailable in defined environmentally sensitive areas (cl 3.3).
Duty to observe zone-specific land use rules. The Land Use Table prescribes uses permitted without consent, permitted with consent and prohibited in each zone; the consent authority must have regard to zone objectives when determining applications (cl 2.3). For unzoned land, development may only be carried out with development consent and the consent authority must consider impacts on adjoining zones (cl 2.4).
Duty to meet mapped development standards. The Plan delegates many standards to maps: lot size (cl 4.1), height of buildings (cl 4.3). The consent authority must ensure proposals conform or find grounds under the exceptions mechanism (cl 4.6).
Duty to prepare specified technical documentation. The Plan mandates specific supporting documents for certain development: acid sulfate soils management plans where works are on mapped acid sulfate soils (cl 6.3(3)), heritage management documents for significant heritage proposals (cl 5.10(5)), stormwater management measures for development in residential, employment and mixed use zones (cl 6.9), and aquaculture site and operational compliance with Schedule 6 (cl 5.19(2)-(3)).
Duty to consider environmental constraints and hazards. Flood planning requires consent authorities to be satisfied development is compatible with flood function and evacuation and that it will not adversely affect flood behaviour or environment (cl 5.21). Special flood considerations (cl 5.22) impose additional tests for sensitive and hazardous development.
Duty to consult relevant bodies in particular contexts. For archaeological heritage, the consent authority must notify the Heritage Council and consider any response within 28 days (cl 5.10(7)); for Aboriginal heritage, local Aboriginal communities must be notified and responses considered within 28 days (cl 5.10(8)); for Moruya Airport matters the consent authority must consult the relevant Commonwealth body and give 28 days for comment (cl 6.17(3)).
Right of the consent authority to grant conservation incentives. The consent authority may grant consent for development that would otherwise not be allowed if it facilitates conservation of a heritage item or Aboriginal place and meets specified conditions (cl 5.10(10)).
Right to suspend certain private instruments. For the purpose of enabling development consistent with the Plan, an agreement, covenant or similar instrument that restricts that development does not apply to the extent necessary, subject to specific exclusions including covenants imposed or required by the Council and particular statutory conservation instruments (cl 1.9A).
Right to use owner-initiated acquisition provisions. The Plan identifies the relevant State authority for owner-initiated acquisitions under the Land Acquisition (Just Terms Compensation) Act 1991 (cl 5.1), which affects property owners contemplating acquisition by public authorities.
Decision-makers therefore have duties to weigh mapped constraints, environmental risks and statutory consultation requirements; proponents have duties to prepare technical documentation and meet specific numeric standards where adopted. Many rights can be exercised only through the development consent process or via prescribed exempt/compliant pathways.
Penalties and enforcement
The Plan itself primarily sets out substantive permissions, prohibitions and procedural requirements; it does not in its text prescribe criminal penalties or detailed enforcement mechanisms. Enforcement, offences and penalties are implemented under the overarching planning Act and its regulations, to which the Plan repeatedly refers when allocating consent authority responsibilities and rights (for example cl 1.6). Specific points from the Plan relevant to enforcement and compliance are as follows.
Consent requirements create pathways for enforcement. The Plan declares development that may only be carried out with development consent (for example, subdivision cl 2.6, demolition cl 2.7, development below mean high water mark cl 5.7). Carrying out those activities without the required consent will engage the enforcement provisions of the planning Act and associated regulations; the Plan does not itself replicate penalty schedules.
Disallowance and prohibition are expressed as planning prohibitions. The Land Use Table sets prohibited uses in each zone; planning authorities will refuse applications that are inconsistent with the Plan for those uses unless a specific clause in the Plan allows otherwise (cl 2.3). The Plan also expressly prohibits canal estate development (cl 2.9).
Conditions and compliance instruments. Complying development certificates are subject to conditions set out or referred to in Schedule 3 (cl 3.2(4)), and the Plan requires specific plans and management strategies (e.g. acid sulfate soils management plan cl 6.3(3), heritage management documents cl 5.10(5)) as conditions precedent for granting consent. Breach of consent conditions will be dealt with under the Act.
Record-keeping and assessment obligations. The consent authority must keep a record of assessments under cl 4.6(4), which creates an administrative trace for reviewing how contraventions of development standards were justified.
Exemptions for public authorities. The Plan contains limited carve-outs for public authorities performing emergency or routine maintenance in acid sulfate soils areas (cl 6.3(5)), meaning certain public works may not require prior consent though other statutory licences may still be required.
Heritage procedural protections as administrative preconditions. Before granting consent for development on an archaeological site not listed on the State Heritage Register, the consent authority must notify the Heritage Council and take into account any response within 28 days (cl 5.10(7)); similar preconditions attach to demolition of nominated State heritage items (cl 5.10(9)). These create procedural compliance steps that must be satisfied before consent and form part of the decision record.
Music and noise standard limitation. The Plan prevents refusal for licensed premises on listed grounds related to music, provided the consent authority is satisfied noise may be managed to acceptable levels (cl 5.20). That reduces the scope for refusal on certain amenity grounds, but still requires evidence of noise management.
In short, the Plan establishes the permission / prohibition framework and procedural preconditions. Actual sanctioning powers, fines and enforcement processes are those set out in the Act and regulations, and the Plan relies on those instruments for enforcement. Practitioners should therefore pair Plan analysis with the relevant provisions of the planning Act and the Environmental Planning and Assessment Regulation to determine specific offence elements, penalty amounts, notice procedures and enforcement remedies, because those matters sit outside the LEP text itself as supplied.
How it interacts with other laws
The Plan is written as part of the State planning framework and repeatedly cross-references other statutes, instruments and published guidelines. The document embeds a statutory hierarchy and, in places, defers to State or Commonwealth decision-makers. Key interactions the Plan specifies are:
The Act and SEPPs. The Plan is made under the planning Act (referred to throughout as "the Act"). It states that the Plan is subject to any SEPP that prevails under s 3.28 of the Act (cl 1.9). This places SEPPs above the LEP in the hierarchy where there is inconsistency.
Crown and public land legislation. The Plan excludes its suspension-of-covenants clause from application to "relevant instruments" under the Crown Land Management Act 2016 (cl 1.9A(2)(b)), and references Trust agreements and conservation agreements under the National Parks and Wildlife Act 1974 and Nature Conservation Trust Act and other similar instruments (cl 1.9A(2)(c)-(d)). It also recognises that public authorities have rights and interests under registered instruments that cannot be affected by that suspension (cl 1.9A(3)).
Heritage and Aboriginal heritage legislation. The Plan cross-references the Heritage Act 1977 in relation to the State Heritage Register and interim heritage orders (cl 3.1(3)(d)), and requires notifications to the Heritage Council in archaeological contexts (cl 5.10(7) and (9)). It also embeds duties to consult local Aboriginal communities regarding Aboriginal places of heritage significance (cl 5.10(8)).
Water and fisheries law. For aquaculture the Plan defers to the Fisheries Management Act 1994, aquaculture industry development plans, and the NSW Oyster Industry Sustainable Aquaculture Strategy (cl 5.19(5)-(7)). Farm dams must be permitted or authorised under the Water Management Act 2000 (sch 2 sch.2-sec-oc.3 note).
Land acquisition and public works. The Plan identifies the relevant State authority for land acquisition under the Land Acquisition (Just Terms Compensation) Act 1991 (cl 5.1). It also notes that developments by or on behalf of a public authority that are permitted under Chapter 2 of SEPP (Transport and Infrastructure) 2021 are not restricted by the Plan (cl 5.12).
Local government functions. The Plan interacts with the Local Government Act 1993 for classification and reclassification of public land and discharge of trusts (cl 5.2). The classification of public land in Schedule 4 expressly references that Act.
Biosecurity, native vegetation and land management statutes. The Plan references the Native Vegetation Act and biobanking agreements in the list of instruments not subject to suspension by cl 1.9A(2)(e)-(f). It also engages with the Local Land Services Act 2013 for private native forestry (cl 2.1 RU3 permitted without consent).
Building, fire safety and BASIX. Exempt development must meet the Building Code of Australia (cl 3.1(3)(a)-(b)), and cl 4.6(8) explicitly excludes contravention of development standards related to BASIX commitments or complying development standards. The Plan also addresses fire alarm conversion with a complying development pathway combined with time-of-work conditions (cl 5.8).
Commonwealth aviation laws and decision-makers. Airspace operations affecting the Moruya Airport require consultation with the relevant Commonwealth body and the Plan defers to the Commonwealth body’s assessment and conditions, and may refuse consent where the Commonwealth body objects if an obstacle limitation surface or PANS-OPS surface would be penetrated (cl 6.17(3)-(7)).
Environmental guidelines. Flood planning clauses expressly import the "Considering Flooding in Land Use Planning Guideline" and the Flood Risk Management Manual for definitions and assessment considerations (cl 5.21(4)-(5), cl 5.22(4)-(5)). The Plan therefore directs consent authorities to particular technical guidance documents which influence how the statutory tests are applied.
The Plan therefore operates inside a regulatory web; many of its substantive tests and preconditions require assessment against, or procedural steps under, other statutory regimes. Practitioners must cross-reference relevant statutes, SEPPs, State policies and Commonwealth decision-makers when advising or preparing applications.
Amendment history
The Plan’s text contains multiple marginal amendment notes. Those annotations document iterative changes since the LEP’s enactment. The instrument as supplied records recurring amendments principally across the 2013-2024 period. Key logged amendment markers in the text include:
Amendments recorded for early 2010s and mid‑2010s: Schedule and clause amendments with references such as Am 2013 (19), Sch 1; Am 2014 (711), Sch 1; Am 2015 (723), Sch 1; Am 2016 (593), Sch 1; and Am 2017 (493), Sch 1. These amendments affected various parts including the Land Use Table and specific clauses.
2018-2019 updates: The instrument shows amendments in 2018 (for example 2018 (195), Sch 1; 2018 (454), cl 5), and several detailed changes in 2019 across numerous schedules (noted as 2019 (503), Sch 1 with many subparagraphs). The 2019 updates include insertion of clauses such as 4.2C (boundary changes between lots) and items in Schedule 1 (additional permitted uses). The Plan also records 2019 (621) for amendments to cl 1.8A and cl 1.9A, and other later changes.
2020-2021 changes: Marginal notes show amendments in 2020 (for example 2020 (67) cl 5(1)(2); 2020 (563) Sch 1 changes), 2021 (714) Sch 10.7 and other 2021 notations linked to clauses dealing with secondary dwelling standards and other matters.
2022 instrument-level updates: Several clauses were amended in 2022 (notably via 2022 (72), 2022 (314) and 2022 (830)). The 2022 (830) updates are referenced repeatedly, especially for Part 2 zoning adjustments, and additions to clauses such as 2.1 (zones), 4.1AA, 4.1A, and multiple cl 6.x updates (for example cl 6.9 (stormwater) Am 2022 (830), Sch 1.11[9]). The 2022 changes also include additions relevant to MU1 frontage, active street frontages and Design Excellence (cl 6.10-6.14).
2023 updates: Notably, flood-related provisions were updated with substitution of special flood considerations (cl 5.22) and changes to the savings provision referencing State Environmental Planning Policy Amendment (Flood Planning) 2023 (cl 1.8A amended 2023 (609), Sch 1.1[1]), and cl 5.22 noted as Subst 2023 (609), Sch 1.8. Farm stay and farm gate clauses were substituted in 2023 (cl 5.24 and cl 5.25 Subst 2023 (458), Sch 1[4]).
2024 revision: Schedule 4 includes an amendment note 2024 (202), Sch 1[1][2], reflecting recent classifications/reclassifications of public land.
Amendment entries in the Plan are cited in the clause margins and schedule notes (for example cl 1.3: "Am 2014 (711), Sch 1[1]; 2019 (503), Sch 1[1]"). The Plan’s recorded amendments are numerous and spread across zoning, additional permitted uses, environmental and development standard clauses and localised provisions. For precise drafting history and the operative text at a given point, practitioners must consult the consolidated LEP as published on the NSW legislation or Planning Portal and review the specific amending instruments cited in the marginal notes. The Plan itself names the specific amending instruments by year and schedule code in many clauses, which provides the route to the underlying statutory instruments.
Litigation history
The Plan text supplied does not record judicial or tribunal decisions. There are no named cases, appeals or judicial interpretations contained in the instrument as provided. For litigation history that interprets or applies this LEP, practitioners must search court and tribunal databases (Land and Environment Court decisions, NSW Civil and Administrative Tribunal matters where relevant, and reported judicial decisions) for matters that reference this LEP, the Act provisions cited (for example s 3.20, s 3.28), or specific clauses of the Plan (for instance, disputes about minimum lot size, heritage or flood planning clauses). The Plan itself contains procedural links to the Act and to related SEPPs and guidelines that frequently feature in case law, but no case list or litigation annotations appear within the supplied text.
Gotchas
The Plan contains multiple provisions that create traps for the unwary. Key operational "gotchas" that practitioners and clients often miss are:
Maps drive outcomes. Numerical standards such as minimum lot sizes (cl 4.1), height of buildings (cl 4.3) and riparian distances (cl 6.7) are implemented by maps. Failure to check the Lot Size Map, Height of Buildings Map, Riparian Lands and Watercourses Map, Acid Sulfate Soils Map and other maps may lead to critical compliance errors. The Plan requires maps to be available, but the onus is on proponents to check the mapped constraints (cl 1.7).
Exempt and complying development excluded from environmentally sensitive areas. Even where a development type is listed as exempt or complying, cl 3.3(1) prohibits carrying out exempt or complying development on an environmentally sensitive area as defined by cl 3.3(2). That can convert an apparently simple, no-consent pathway into a full development consent requirement.
Savings rule for pre-commencement applications. Development applications made before Plan commencement that had not been finally determined are to be determined as if the Plan had not commenced (cl 1.8A(1)). This can create different applicable standards depending on the application date and lead to confusion about which rules govern a proposed project.
Suspension of private covenants has exceptions. Clause 1.9A suspends private covenants, agreements and similar instruments "to the extent necessary" to enable development under the Plan, but excludes covenants imposed by the Council and numerous statutory conservation and Crown instruments (cl 1.9A(2)). Practitioners should not assume universal suspension; instrument-specific checks remain necessary.
Development standards exception is circumscribed. Whilst cl 4.6 allows the consent authority to permit contravention of a development standard where environmental planning grounds exist, the clause excludes certain standards from being varied (cl 4.6(8)), and records that the consent authority must keep a record of its assessment (cl 4.6(4)). The exceptions are not a licence to ignore baseline standards and are subject to administrative scrutiny.
Flood planning requirements are prescriptive. Development consent must not be granted in a flood planning area unless a list of substantive tests is satisfied, including compatibility with flood function, non-detrimental impacts on evacuation and environment, and measures for risk to life (cl 5.21(2)). The Plan imports the "Considering Flooding in Land Use Planning Guideline" and the Flood Risk Management Manual (cl 5.21(4)-(5)), so technical flood assessment is required and climate change projections must be considered.
Heritage procedural preconditions. For works affecting archaeological sites or Aboriginal places, the consent authority must notify relevant bodies and consider any responses within 28 days (cl 5.10(7), cl 5.10(8)). The developer may need to delay works to meet these preconditions or prepare a detailed heritage management document (cl 5.10(5)-(6)).
Special local numeric limits. Several local caps are embedded: bed and breakfast accommodation capped at 6 bedrooms (cl 5.4(1)), home business floor area cap at 50 square metres (cl 5.4(2)), home industry at 100 square metres (cl 5.4(3)), neighbourhood shop at 125 square metres (cl 5.4(7)), neighbourhood supermarket gross floor area cap at 1,000 square metres (cl 5.4(7AA)), and kiosk at 50 square metres (cl 5.4(6)). Operators who assume generic State thresholds will be caught.
Music and noise constraints are constrained in scope. Clause 5.20 prevents refusal on grounds relating to the playing and performing of music and related factors for licensed premises, but only where the consent authority is satisfied noise can be managed to an acceptable level (cl 5.20(2)). Noise management plans and acoustic assessments are often necessary evidence.
Airport height/airspace conditions. Where a development may penetrate obstacle limitation surfaces or PANS-OPS surfaces, the consent authority must consult and, depending on the Commonwealth body’s response, may need to adopt specified conditions or refuse consent (cl 6.17(3)-(7)). Commonwealth aviation decisions can therefore determine local consent outcomes.
Aquaculture and intensive livestock carve-outs and constraints. Intensive livestock agriculture can be carried out without consent only for small capacity operations and subject to siting limits near other farms, watercourses, drinking water catchments and dwellings (cl 5.18(4)-(5)). Aquaculture has site location and operational requirements in Schedule 6 and in some mapped priority areas oyster aquaculture may proceed without consent (cl 5.19(6)), but these are tightly framed.
Lot‑size and subdivision complexities. The Plan contains multiple overlapping exceptions and special clauses for subdivision, community title schemes, lot averaging and strata plans (cl 4.1, 4.1AA, 4.1A, 4.1E, 4.1F, 4.1C). Determining whether a proposed subdivision is permitted, requires consent, or can rely on an exception requires careful clause mapping and often historical title analysis (e.g. "existing holding" and "1987 holding" definitions in cl 4.2A(5)).
These "gotchas" are concrete rule-based traps that require cross-checking maps, historical title status, environmental overlays, and other statutes cited in the Plan.
How to comply
A practical compliance checklist derived from the Plan’s clauses and schedules, with references to where particular proofs or documents are required:
Identify the parcel and relevant maps.
Check the Land Zoning Map to determine the zone (cl 2.2).
Check the Lot Size Map, Height of Buildings Map, Riparian Lands and Watercourses Map, Wetlands Map, Acid Sulfate Soils Map, Land Reservation Acquisition Map, Public Infrastructure Buffer Map and any Additional Permitted Uses Map (cl 1.7; see relevant clauses for where maps are operative).
Confirm any special identifiers (for example "Dwelling Density" for Kyla Park, cl 6.16) or Additional Permitted Uses in Schedule 1 that apply to the parcel.
Determine whether the use is permitted, permitted with consent or prohibited.
Consult the Land Use Table (cl 2.3 and Part 2 Land Use Table).
If the proposed use is listed as "permitted with consent", prepare a development application. If "permitted without consent" check whether it qualifies as exempt or complying development under Schedule 2 or Schedule 3 and cl 3.1-3.2.
Check for environmental sensitivity and exemptions.
If the site falls within an "environmentally sensitive area for exempt or complying development" (cl 3.3(2)), exempt/compliant options are not available; prepare to lodge a full DA and supporting EIA.
Assemble required technical documentation and address special clauses.
Heritage: where a heritage item, area or Aboriginal place is affected, prepare a heritage management document or conservation plan if required and notify/consult the Heritage Council and local Aboriginal communities as required (cl 5.10(4)-(9), Schedule 5).
Acid sulfate soils: if works are on mapped acid sulfate soils, provide an acid sulfate soils management plan prepared in accordance with the Acid Sulfate Soils Manual (cl 6.3(3)); a preliminary assessment may avoid the need for a full plan if accepted by the consent authority (cl 6.3(4)).
Flooding: for land in a flood planning area, prepare flood risk assessments consistent with the Considering Flooding in Land Use Planning Guideline and the Flood Risk Management Manual; demonstrate compatibility with flood function, evacuation and environmental protection (cl 5.21, cl 5.22).
Aquaculture and intensive livestock: prepare operational plans consistent with Schedule 6 (cl 5.19) and the Department of Primary Industries guidelines for intensive livestock (cl 5.18(3)(h)).
Stormwater: include stormwater management measures to maximise permeable surfaces and on-site retention where practicable (cl 6.9).
Earthworks: include detailed assessment of drainage, soil stability, fill quality and effects on adjoining properties (cl 6.4).
Noise and music venues: prepare a noise management plan to satisfy the consent authority that noise can be managed to an acceptable level (cl 5.20(2)).
Consider land title and covenant issues.
Review existing covenants and agreements: cl 1.9A suspends such instruments only to the extent necessary and subject to exceptions; covenant checks remain necessary.
If the proposal involves subdivision, verify whether the lot is an "existing holding" or "1987 holding" as those statuses affect entitlement under cl 4.2A.
Engage relevant authorities early where required.
For heritage, notify the Heritage Council where archaeological sites are involved (cl 5.10(7)).
For Aboriginal heritage matters, notify and consult local Aboriginal communities (cl 5.10(8)).
For Moruya Airport airspace penetrations, consult the relevant Commonwealth body and allow at least 28 days for comment (cl 6.17(3)).
For land intended for public purpose acquisition, identify the relevant acquisition authority via cl 5.1 and the Land Reservation Acquisition Map.
Check development consent conditions and exemptions.
If pursuing a complying development certificate, ensure the development meets the Building Code of Australia provisions and the conditions set out in Schedule 3 and the State Policy referenced there (cl 3.2(2)-(4)).
For exempt development (Schedule 2), verify compliance with the specific, sometimes narrow, conditions (for example hours of operation for commercial use of public land, sch.2-sec Commercial use of public land).
Prepare the development application (or CDC) with the materials the consent authority will expect.
Statement of Environmental Effects with adequate detail on impact and mitigation (referred across cl 5.18 and elsewhere).
Heritage management documents where requested (cl 5.10(5)), archaeological assessments and Aboriginal cultural heritage assessments as relevant.
Acid sulfate soils management plan (cl 6.3(3)), stormwater management plan (cl 6.9), flood evacuation and risk management documentation (cl 5.21).
Acoustic and odour assessments for potentially noisy or odorous uses (cl 5.18(3)(b), cl 5.4).
Where standards are to be varied, document the planning grounds.
If proposing to contravene a development standard and seek consent under the exceptions in cl 4.6, prepare the required statement demonstrating that compliance is unreasonable or unnecessary and that there are sufficient environmental planning grounds, and expect the consent authority to keep a record of its assessment (cl 4.6(3)-(4)).
Timing and transitional considerations.
For existing DAs lodged before the Plan or before particular SEPP amendments, confirm which rules apply under the savings provisions (cl 1.8A). For developments where the Plan refers to State SEPP amendments, verify the operative date of those SEPP instruments.
Administrative detail.
Check whether the proposed development triggers other statutory licences or approvals external to the planning system (for example water licences under the Water Management Act for farm dams, fisheries licences for aquaculture, fire safety certificates for class 1b or class 2-9 buildings per cl 3.1(4)).
This compliance pathway is procedural and document‑centric: identify the applicable map and zone, confirm permitted uses, check overlays and schedules, assemble the technical evidence requested by the Plan, engage the relevant authorities for consultation obligations, and present clear grounds for any exceptions sought. Where an activity intersects multiple regimes (heritage, flood, acid sulfate soils, Commonwealth aviation), ensure each statutory thread is satisfied and recorded in the application to avoid delays or refusal on procedural grounds.
(h) to ensure that development takes into account the environmental constraints of the land and minimises any off site and on site impacts on biodiversity, water resources and natural landforms,
(i) to identify and protect the cultural and architectural heritage of Eurobodalla, including Aboriginal relics and places, and assist in its promotion as a tourism asset.
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 plan is repealed under this provision—
Eurobodalla Rural Local Environmental Plan 1987
(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 2019 (503), Sch 1[2].
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—
(3) (Repealed)
Note—
The Standard Instrument (Local Environmental Plans) Order 2006 preserves the effect of clause 1.9(3), as in force before its repeal by State Environmental Planning Policy Amendment (Water Catchments) 2022.
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—
Rural Zones
RU1 Primary Production
RU3 Forestry
RU4 Primary Production Small Lots
RU5 Village
Residential Zones
R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
Employment Zones
E1 Local Centre
E3 Productivity Support
E4 General Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C4 Environmental Living
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
cl 2.1: Am 2022 (830), Sch 1.11[1].
2 Zoning of land to which Plan applies
2 Zoning of land to which Plan applies
2.2 Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2 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 development consent
2 Demolition requires development consent
2.7 Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
2 Temporary use of land
2 Temporary use of land
2.8 Temporary use of land
(1) The objective of this clause is to provide fo
This is an opening excerpt, not the complete document.