Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
What this plan does (mechanics)
Sets the rules for how land in the City of Hawkesbury may be used and developed. It does this by: zoning land (telling you what uses are allowed where), listing permitted and prohibited uses for each zone, identifying development that can be done without consent (exempt), development that can be approved more simply (complying), and development that requires full development consent from the Council (the consent authority) (see cl 2.1, cl 2.3, cl 1.6, schs 2–3).
Controls subdivision and lot sizes through mapped minimums, lot‑averaging rules and a suite of exceptions and special limits for particular places (see cl 4.1, 4.1A–4.1G and the Lot Size/Lot Averaging/Restricted Lot Yield maps).
Limits building height by mapped maximums (cl 4.3) and imposes local development standards (e.g. parking, floor area caps for particular uses, size limits for home businesses, kiosks, neighbourhood shops) (cl 5.4 and Parts of schs 2–3).
Embeds environmental and heritage controls: terrestrial biodiversity, wetlands, acid sulfate soils, public bushland, flood planning and heritage items/heritage conservation areas. These require the consent authority to consider impacts and in many cases prohibit development unless certain tests are met (cl 6.4–6.5, cl 6.1, cl 5.21, cl 5.10, sch 5).
Contains a long list of site‑specific and time‑limited provisions (additional permitted uses, special local clauses in Part 6 and Schedule 1) that allow or restrict particular projects on particular parcels of land (Schedule 1; cl 6.10–6.17, cl 6.13–6.14 etc.).
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Direct links to the current provisions in Hawkesbury Local Environmental Plan 2012.
Part 1 Preliminary
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU4 Primary Production Small Lots
RU5 Village
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
cl 2.1: Am 2022 (832), Sch 1.10[1].
Land Use Table
Note—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
State Environmental Planning Policy (Primary Production) 2021, Chapter 2
Land Use tbl: Am 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3; 2020 (784), Sch 1[1]–[4]; 2021 (714), Sch 10.9; 2022 (314), Sch 1; 2022 (832), Sch 1.10[2]; 2023 (458), Sch 2.40[1].
Zone RU1 Primary Production
Zone RU2 Rural Landscape
Zone RU4 Primary Production Small Lots
Zone RU5 Village
Zone R1 General Residential
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone R5 Large Lot Residential
Zone E1 Local Centre
Zone E2 Commercial Centre
Zone E3 Productivity Support
Zone E4 General Industrial
Zone SP1 Special Activities
Zone SP2 Infrastructure
Zone RE1 Public Recreation
Zone RE2 Private Recreation
Zone C1 National Parks and Nature Reserves
Zone C2 Environmental Conservation
Zone C3 Environmental Management
Zone C4 Environmental Living
Zone W1 Natural Waterways
Zone W2 Recreational Waterways
3 Permitted with consent
Agritourism; Animal boarding or training establishments; Aquaculture; Boarding houses; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Correctional centres; Crematoria; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Food and drink premises; Forestry; Funeral homes; Health consulting rooms; Helipads; Heliports; Home-based child care; Home industries; Hospitals; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Landscaping material supplies; Moorings; Open cut mining; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Tourist and visitor accommodation; Truck depots; Veterinary hospitals; Water recreation structures; Water storage facilities
4 Prohibited
Any development not specified in item 2 or 3
Part 3 Exempt and complying development
Part 4 Principal development standards
Part 5 Miscellaneous provisions
5.1 Relevant acquisition authority
(1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note.
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
| Type of land shown on Map | Authority of the State | | Zone RE1 Public Recreation and marked “Local open space” | Council | | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act | | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW | | Zone SP2 Infrastructure and marked “Local road” | Council | | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |
(3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
Note.
If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning and Infrastructure is required to take action to enable the designation of the acquiring authority under this clause. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning and Infrastructure (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991).
Part 5A
5.13A–5.13C (Repealed)
pt 5A: Ins 2014 (211), Sch 1 [2]. Rep 2023 (554), Sch 2.12[2].
cl 5.13A: Ins 2014 (211), Sch 1 [2]. Am 2019 (621), Sch 1.5[1]. Rep 2023 (554), Sch 2.12[2].
cl 5.13B: Ins 2014 (211), Sch 1 [2]. Rep 2023 (554), Sch 2.12[2].
cl 5.13C: Ins 2014 (211), Sch 1 [2]. Rep 2023 (554), Sch 2.12[2].
Part 6 Additional local provisions
6.1 Acid sulfate soils
(1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.
(2) Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.
| Class of land | Works | | 1 | Any works. | | 2 | Works below the natural ground surface.Works by which the watertable is likely to be lowered. | | 3 | Works more than 1 metre below the natural ground surface.Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface. | | 4 | Works more than 2 metres below the natural ground surface.Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface. | | 5 | Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land. |
(3) Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.
(4) Despite subclause (2), development consent is not required under this clause for the carrying out of works if—
(a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and
(b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.
(5) Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—
(a) emergency work, being the repair or replacement of the works of the public authority required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,
(b) routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),
(c) minor work, being work that costs less than $20,000 (other than drainage work).
(6) Despite subclause (2), development consent is not required under this clause to carry out any works if—
(a) the works involve the disturbance of less than 1 tonne of soil, such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial water bodies (including canals, dams and detention basins), foundations or flood mitigation works, or
(b) the works are not likely to lower the watertable.
Schedule 1 Additional permitted uses
(Clause 2.5)
sch 1: Am 2014 (36), Sch 1; 2020 (784), Sch 1[12]; 2021 (573), Sch 1; 2022 (832), Sch 1.10[7]; 2024 (549), Sch 1.
7 Use of certain land at 60 Bells Line of Road, North Richmond
(1) This clause applies to land at 60 Bells Line of Road, North Richmond, being Lot 1, DP 783403 (formally known as Lot B, DP 158512).
(2) Development for the purposes of office premises is permitted with consent.
8 Use of certain land at 81–87 Bells Line Of Road, North Richmond
(1) This clause applies to land at 81–87 Bells Line Of Road, North Richmond, being Lot 1, DP 834702.
(2) Development for the purposes of a service station is permitted with consent.
9 Use of certain land at Pitt Town as shown on the Additional Permitted Uses Map
(1) This clause applies to land at Pitt Town identified as “2” on the Additional Permitted Uses Map.
(2) Development for the purposes of community facilities is permitted with consent.
10 Use of certain land at 87 Windsor Street, Richmond
(1) This clause applies to land at 87 Windsor Street, Richmond, being Lot 4, DP 507956.
(2) Development for the purposes of office premises is permitted with consent.
11 Use of certain land at 739 George Street, South Windsor
(1) This clause applies to land at 739–741 George Street, South Windsor, being Lots 11 and 12, DP 1184975.
(2) Development for the purposes of a service station is permitted with consent.
12 Use of certain land at 5A Curtis Road, Vineyard
(1) This clause applies to land at 5A Curtis Road, Vineyard, being Lot 6, DP 270412.
(2) Development for the purposes of shops is permitted with consent.
13 Use of certain land at 5B Curtis Road, Vineyard
(1) This clause applies to land at 5B Curtis Road, Vineyard, being SP 73477.
(2) Development for the purposes of shops is permitted with consent.
14 Use of certain land at 535 Wilberforce Road, Wilberforce
(1) This clause applies to land at 535 Wilberforce Road, Wilberforce, being Lot 1, DP 846501.
(2) Development for the purposes of a service station is permitted with consent.
15 Use of certain land at 122–130 Macquarie Street, Windsor
(1) This clause applies to land at 122–130 Macquarie Street, Windsor, being Lot 381, DP 595952, Lot 380, DP 818974, Lot 1, DP 797152 and Lot 1, DP 613929.
(2) Development for the purposes of office premises and a medical centre is permitted with consent.
16 Use of certain land at Windsor Downs as shown on the Additional Permitted Uses Map
(1) This clause applies to land at Windsor Downs identified as “3” on the Additional Permitted Uses Map.
(2) Development for the purposes of a dual occupancy (attached) is permitted with consent.
17 Use of certain land at 389 Old Hawkesbury Road, Vineyard
(1) This clause applies to land at 389 Old Hawkesbury Road, Vineyard, being part of Lot 53, DP 593354, identified as “4” on the Additional Permitted Uses Map.
(2) Development for the purposes of sawmill or log processing works, timber yards and associated car parking is permitted with consent if the total area of the land on which that development is carried out is not greater than 10,000m2.
(3) Subclause (2) does not apply to a development application lodged more than 2 years after the commencement of the Hawkesbury Local Environmental Plan 2012 (Amendment No 3).
18 Use of certain land at 541 Windsor Road, Vineyard
(1) This clause applies to land at 541 Windsor Road, Vineyard, being part of Lot 5, DP 536674, identified as “5” on the Additional Permitted Uses Map.
(2) Development for the purposes of light industries that relate to saw manufacturing and repairs, industrial retail outlets and associated car parking is permitted with consent if the total area of the land on which that development is carried out is not greater than 3,000m2.
(3) Development consent under subclause (2) must not be granted for the purposes of industrial retail outlets if the total gross floor area of the development is greater than 150m2.
(4) Subclause (2) does not apply to a development application lodged more than 2 years after the commencement of the Hawkesbury Local Environmental Plan 2012 (Amendment No 3).
19 Use of certain land at 541–547 Windsor Road, Vineyard
(1) This clause applies to land at 541–547 Windsor Road, Vineyard, being part of Lot 5, DP 536674 and Lots 10 and 11, DP 1080426, identified as “6” on the Additional Permitted Uses Map.
(2) Development for the purposes of hardware and building supplies, vehicle sales or hire premises (but only in relation to the hire of trailers) and associated car parking is permitted with consent if the total area of the land on which that development is carried out is not greater than 5,000m2.
(3) Development consent under subclause (2) must not be granted—
(a) for the purposes of hardware and building supplies if the total gross floor area of the development is greater than 250m2, or
(b) for the purposes of vehicle sales or hire premises if the total gross floor area of the development is greater than 325m2.
(4) Subclause (2) does not apply to a development application lodged more than 2 years after the commencement of the Hawkesbury Local Environmental Plan 2012 (Amendment No 3).
20 Use of certain land at Glossodia
(1) This clause applies to the part of the land at Glossodia identified as “7” on the Additional Permitted Uses Map that is in Zone R2 Low Density Residential or Zone R5 Large Lot Residential.
(2) Development for the purposes of a single food and drink premises and associated car parking facilities is permitted with development consent.
(3) Development consent must not be granted under this clause unless—
(a) the development is for the purposes of—
(i) a restaurant or cafe, or
(ii) a take away food and drink premises, and
(b) the gross floor area of the food and drink premises will not be more than 200 square metres.
21 Use of land at 172 Commercial Road, Vineyard
(1) This clause applies to Lots 2 and 3, DP 229135, 172 Commercial Road, Vineyard.
(2) Development for the purposes of depots and warehouse or distribution centres is permitted with development consent.
(3) Development consent must not be granted unless the consent authority is satisfied the gross floor area of all buildings used for the purposes of depots and warehouse or distribution centres on the land will be less than 8,000m2.
(4) This clause does not apply to a development application lodged after 28 February 2027.
Schedule 2 Exempt development
(Clause 3.1)
Note 1.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2.
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
sch 2: Am 2020 (784), Sch 1[13]; 2022 (832), Sch 1.10[8]–[15]; 2024 (42), Sch 1.22.
Community event or festival involving parades, stalls, amusement devices and public entertainment (and includes fairs and fundraising events carried out by charitable and non-profit organisations) but only if carried out for not more than 14 days in any calendar year on land in public ownership
(1) No amplified noise.
(2) Daylight hours only.
Signs—general requirements
(1) Must not be moving, illuminated or flashing.
(2) Must not be placed above awnings or on the roof of buildings.
(3) Must be at least 600mm from any public road.
(4) Must be at least 2.6m above any public footpath.
(5) Must relate to the lawful use of the premises (except temporary signs).
(6) Must be within the boundary of the property to which it applies, unless in an employment zone.
(7) Must have the consent of the owner of the property on which the sign is located.
Signs—business identification signs for businesses other than sex services premises in employment zones
(1) Under awning sign
(a) Must be attached to the underside of an awning other than a fascia or return end.
(b) Must meet the general requirements for signs.
(c) 1 sign per ground floor premises with street frontage.
(d) Maximum length—2.5m.
(e) Maximum height—0.5m.
(2) Flush wall sign
(a) Must be attached to the wall of a building (other than the transom of a doorway or display window) and not projecting more than 300mm.
(b) Must meet the general requirements for signs.
(c) Maximum area—2.5m2.
(3) Top hamper sign
(a) Must be attached to the transom of a doorway or display window of a building.
(b) Must meet the general requirements for signs.
(c) Maximum area—2.5m2.
(4) Fascia signs
(a) Must be attached to the fascia or return of the awning.
(b) Must meet the general requirements for signs.
(c) Must not project over, or more than 50mm out from, the fascia or return end of the awning to which it is attached.
(5) Pylon signs
(a) Must meet the general requirements for signs.
(b) 1 pole or pylon sign per premises (including any directory board for multiple occupancies).
(c) Maximum height of sign—6m.
(d) Must be within 5m of any public entry point to the premises.
Signs—business identification signs in residential, rural and conservation zones
(1) Must meet the general requirements for signs.
(2) 1 sign per premises.
(3) Maximum area—0.75m2.
(4) Maximum height—2.5m.
Signs—in a site, but not visible from outside of that site (other than sex services premises)
Must meet the general requirements for signs.
Signs—real estate signs (advertising land development)
(1) Must meet the general requirements for signs.
(2) Maximum area—6m2 for each 25 lots.
Signs—real estate signs (advertising premises or land for sale or rent) in employment zones
(1) Must meet the general requirements for signs.
(2) Maximum area—4m2.
(3) Maximum height—3m.
(4) Must be within the boundary of the advertised property.
(5) Must be removed within 14 days after the premises or land is sold or let.
Signs—real estate signs (advertising premises or land for sale or rent) in residential, rural or conservation zones
(1) Must meet the general requirements for signs.
(2) 1 sign per street/road frontage.
(3) Maximum area—2.5m2.
(4) Maximum height—2m.
(5) Must be within the boundary of the advertised property.
(6) Must be removed within 14 days after the premises or land is sold or let.
Signs—shop window signs in employment zones (other than sex services premises)
(1) Must meet the general requirements for signs.
(2) Must not occupy more than 25% of the area of the window.
Signs—temporary signs for religious, cultural, social or recreational events
(1) Must meet the general requirements for signs.
(2) 1 sign per street frontage.
(3) Maximum area—2.5m2 and maximum height—2m in residential, rural and conservation zones.
(4) Maximum area—4m2 and maximum height—3m in employment zones.
(5) Must not include commercial advertising apart from name of event sponsor.
(6) Must not be displayed earlier than 14 days before, or later than 2 days after, the event.
(7) Must not be used in relation to weekly or monthly recurring events.
Signs—sandwich boards (A frame)
(1) If located on private property in employment zones—
(a) maximum area 2.4m2 on each of the 2 faces, and
(b) maximum of 1 sign per business.
(2) If located on council property and public places—
(a) maximum area 1.2m2 on each of the 2 faces, and
(b) must not to be placed so as to obstruct pedestrians or the view of drivers of motor vehicles, and
(c) must be located no more than 5m from the business to which it relates, and
(d) maximum of 1 sign per business.
Markets
(1) Must take place on the following—
(a) public land owned by, or under the control of, the Council,
(b) a public road for which the Council is the roads authority under the Roads Act 1993.
(2) Must have access and egress for pedestrians and emergency vehicles.
(3) Must not include the erection of a permanent structure.
Recreation areas
(1) Must only be used for the purposes of concerts, events, festivals, functions, exhibitions, parades and weddings.
(2) Must take place on the following—
(a) public land owned by, or under the control of, the Council,
(b) a public road for which the Council is the roads authority under the Roads Act 1993.
(3) Must have access and egress for pedestrians and emergency vehicles.
(4) Must not include the erection of a permanent structure.
(5) Must not permanently occupy the land or road.
(6) Must not involve any permanent physical change to the land or road.
Schedule 3 Complying development
(Clause 3.2)
Note.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
sch 3: Am 2022 (629), Sch 3.3[3]; 2022 (832), Sch 1.10[16]–[18].
Building alterations and additions (external) to industrial buildings in Zone E4
(1) Total area of all additions must not exceed 1,000m2.
(2) Must not be carried out on land—
(a) in Zone C2 Environmental Conservation, or within 20 metres of land so zoned, or
(b) that is lower than 1.2m below the 1 in 100 year flood level for the land, or
(c) that is significantly contaminated land within the meaning of the Contaminated Land Management Act 1997, or
(d) that is on a register maintained by the Council as land that is subject to landslip, or
(e) that is identified on the Acid Sulfate Soils Map as land containing potential acid sulfate soils of Class 1, 2 or 3, or
(f) that is a Riverine Scenic Area or a Hawkesbury-Nepean conservation area sub-catchment under State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 6.
(3) Maximum height above ground level (existing)—9m.
(4) Must be set back from the front property boundary—
(a) on classified roads—15m, and
(b) on all other roads—10m.
(5) Must not be on a corner lot or a lot that is adjacent to land in a residential or recreation zone.
(6) Earthworks must not extend more than—
(a) 900mm above ground level (existing), or
(b) 600mm below ground level (existing).
(7) Must provide and maintain, adjacent to any street boundary, a landscaped area with a minimum width of 5m that is designed by a suitably qualified landscape architect. Car parking spaces are not to be provided for in this area.
(8) Must ensure that there are in each landscaped area at least 3 trees (that grow to a mature height of over 5m), 6 shrubs (that grow to a mature height of over 1.5m) and 20 smaller plants.
(9) Building facades to street frontages must be constructed predominantly of face brick, concrete panels or pre-coloured masonry blocks (not standard concrete blocks) or glazing.
(10) Roller shutters and loading docks must not face the street frontage.
(11) Maximum reflectivity index permissible for any external glazing—20%.
(12) The colour scheme and design features must unify all additions to the premises.
(13) Any fencing must be provided behind the landscaped area and must not be prepainted solid metal fencing.
(14) Must provide car parking spaces for additions to building area of at least—
(a) 4 car parking spaces for any part of the first 300m2 of additional gross floor area, and
(b) 1 car parking space for each additional 90m2, or part thereof, of additional gross floor area.
(15) Must provide at least 1 car parking space for each 30m2, or part thereof, of additional gross floor area proposed to be used for the purpose of office premises.
(16) Car parking spaces must be perpendicular to the driveway and at least 5.5m long and 2.6m wide with a minimum driveway width of 6.7m.
(17) Any additional driveway must be at least 1m from the closest property boundary.
(18) On-site manoeuvring areas must be of sufficient size to permit all vehicles to enter and exit the site in a forward direction.
(19) Garbage and storage areas must be located behind the building line and be screened from the road and adjoining land.
(20) Any additional roof or surface drainage area must have a gravity fed drainage system that—
(a) captures the water from the additional roof or surface drainage area, and
(b) discharges that water into the inter-allotment or street stormwater drainage system, and
(c) limits the rate of that discharge into Council’s kerb and gutter to less than 20 litres per second per outlet, and
(d) is constructed of Rolled Hollow Section (RHS) not greater than 100mm in height with not more than two outlets located adjacent to each other, and
(e) does not permit the post-development flow rate to exceed the pre-development flow rate for all recurrence intervals from the 1 year event to the 100 year event.
(21) All additions must be connected to a reticulated sewerage system.
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Conditions relating to building alterations and additions (external) to industrial building in Zone E4
Required payments Evidence of any payments required in relation to any of the following must be provided to the Council on or before the lodging of the complying development certificate with the Council—
(a) developer, sewerage, drainage or stormwater contributions,
(b) road reserve deposits,
(c) opening of roads,
(d) inspections,
(e) long service levy.
Conditions applying during the works
Note.
The Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Noise Control) Regulation 2008 contain provisions relating to noise.
Survey—industrial buildings and additions The building must be set out by a registered surveyor. The survey certificate of the building showing the position of the external walls under construction and in compliance with the approved plans must be lodged with the principal certifying authority.
Construction requirements
Parking, driveways and turning areas Off-street car parking spaces, together with access driveways and turning areas, must be constructed, paved, line marked, signposted and maintained.
Before issue of occupation certificate
Where required—
(a) a Section 73 Certificate from Sydney Water must be submitted to the principal certifying authority,
(b) written clearance from Integral Energy must be submitted to the principal certifying authority.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
sch 4: Am 2020 (784), Sch 1[14]; 2021 (787), Sch 1[1] [2]; 2024 (464), Sch 1.
Schedule 5 Environmental heritage
(Clause 5.10)
sch 5: Am 2012 No 95, Sch 2.14; 2020 (173), cl 5; 2020 (784), Sch 1[15]; 2021 (167), cl 5; 2022 (629), Sch 3.3[4]; 2023 (404), cl 5.
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Division 1 Site location requirements
Division 2 Operational requirements
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1.1 Name of Plan
This Plan is Hawkesbury Local Environmental Plan 2012.
1.1AA Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in Hawkesbury 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 provide the mechanism for the management, orderly and economic development and conservation of land in Hawkesbury,
(b) to provide appropriate land in area, location and quality for living, working and recreational activities and agricultural production,
(c) to protect attractive landscapes and preserve places of natural beauty, including wetlands and waterways,
(d) to protect and enhance the natural environment in Hawkesbury and to encourage ecologically sustainable development,
(e) to conserve and enhance buildings, structures and sites of recognised significance that are part of the heritage of Hawkesbury for future generations,
(f) to provide opportunities for the provision of secure, appropriate and affordable housing in a variety of types and tenures for all income groups in Hawkesbury,
(g) to encourage tourism-related development that will not have significant adverse environmental effects or conflict with other land uses in the locality.
1.3 Land to which Plan applies
Cross‑references and is subordinated to State environmental planning policies; it also identifies which State policies prevail (cl 1.9) and links to many other Acts and technical guidelines.
Keeps and relies on multiple official maps (land application, zoning, lot size, height, biodiversity, wetlands, heritage maps and several others) to apply many rules.
Who is affected
Landowners and prospective purchasers: what they can build, subdivide or operate on each parcel is determined by the zone, mapped controls and any site‑specific clauses (cl 2.2, sch 1, Part 6).
Developers and builders: consent requirements, complying/exempt pathways and detailed design/operational conditions (schs 2–3, cl 3.1–3.3, sch 3) determine cost, timing and technical obligations.
Hawkesbury City Council (consent authority): makes most decisions, keeps records and enforces compliance (cl 1.6, cl 4.6(4)). The Plan also creates instances where other state bodies must be consulted or concur (e.g. Department of Defence, Planning Secretary) (cl 6.10, cl 6.15).
Community and neighbours: amenity, flood and bushfire risk, heritage values and public infrastructure outcomes are all affected because the Plan sets what developments are acceptable near them (cl 5.21, cl 5.11, cl 5.10).
Why it matters (stated purpose and practical effects)
The Plan says it aims to manage orderly development, protect environmental and heritage values and provide for housing, primary production and compatible economic uses (cl 1.2). That is implemented by zoning, mapped controls and targeted local rules.
Practical effect: the Plan creates permit pathways and constraints that change the economic value and feasible uses of land. For example, mapped minimum lot sizes and yield limits constrain subdivision potential (cl 4.1, cl 4.1G), heritage listings restrict demolition/subdivision on many properties (cl 5.10, sch 5), environmental overlay maps trigger additional assessments or prohibit exempt/compliant development in sensitive areas (cl 3.3, cl 6.4–6.5).
Incentives, costs and trade‑offs (testing the Plan’s stated aims against effects)
Who pays: private landowners and developers bear most direct costs — fees, design constraints, mitigation measures, infrastructure contributions and delay from additional assessments (e.g. heritage management plans, acid sulfate soils plans, geotechnical tests) (cl 6.1, cl 5.10, cl 4.1B).
Who decides: the Council is the primary decision maker, with discretionary power to approve exceptions and impose conditions; some decisions require consultation or concurrence from State bodies (cl 1.6, cl 6.15, cl 6.10). Discretion means outcomes can vary case‑by‑case.
Behaviour changes incentivised: the Plan steers development away from mapped environmentally sensitive areas, encourages uses allowed in particular zones and permits some temporary and site‑specific activities (cl 2.8, sch 1, sch 2). It restricts canal estates (explicit prohibition) (cl 2.9) and places quantitative limits on commercial floor areas and guest numbers for small rural tourism and home‑based activities (cl 5.4).
Trade‑offs and opportunity costs: stronger environmental and heritage controls protect public values but raise development costs and reduce subdivision yield in mapped areas (clauses in Part 4 and Part 6). Site‑specific additional permitted uses (Schedule 1 and Part 6 clauses) create concentrated private benefits for particular landowners; the cost of such bespoke permissions falls partly on the community (infrastructure demand, environmental risk) and is managed by conditions and mapping.
Compliance and implementation risk: many provisions require professional studies (heritage impact statements, geotechnical reports, acid sulfate soils management plans) and rely on consent authority judgement. That increases transaction costs and creates some uncertainty about approval likelihood and timing (cl 6.1–6.5, cl 4.1B, cl 5.10(5)).
Rent‑seeking/capture risk: the Plan contains multiple parcel‑specific permissions and exemptions (Schedule 1, Part 6). Where rules are tailored to particular land, the benefits are concentrated; oversight (public notification, State concurrence clauses) reduces but does not eliminate the risk that decisions favour specific owners.
Important practical points to watch
Many rules operate by maps. You must check the relevant map for any parcel (lot size, height, heritage overlay, biodiversity, wetlands, flood planning, special clause maps) because the same clause can apply differently depending on mapping (see cl 2.2, cl 4.1 and numerous Part 6 clauses).
The Plan allows exceptions and discretionary approvals (e.g. contravening development standards subject to tests) — they require explicit justification and the consent authority must keep a record of the assessment (cl 4.6).
Several state instruments continue to overlay the Plan and can prevail (cl 1.9). That means state policy shifts or State Environmental Planning Policies may change how some permissions operate.
If you want a focused read‑out for a particular property (which maps apply, whether an intended use is permitted, likely assessments required, and typical conditions), tell me the property ID or address and I will extract the applicable clauses and maps and list the practical steps and likely consent path (exempt / complying / development consent).
This Plan applies to the land identified on the Land Application Map.
1.4 Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5 Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7 Maps
(1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(1AA) (Repealed)
(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4) For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
1.8 Repeal of planning instruments applying to land
(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
Note.
The following local environmental plans are repealed under this provision—
Hawkesbury Local Environmental Plan 1989
(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.
1.8A Savings provision relating to development applications
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.
cl 1.8A: Am 2019 (621), Sch 5[1].
1.9 Application of SEPPs
(1) This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
(2) The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
1.9A Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2) This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
(3) This clause does not affect the rights or interests of any public authority under any registered instrument.
(4) Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2019 (621), Sch 5[2]–[4].
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU4 Primary Production Small Lots
RU5 Village
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
cl 2.1: Am 2022 (832), Sch 1.10[1].
2.2 Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3 Zone objectives and Land Use Table
(1) The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3) In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4) This clause is subject to the other provisions of this Plan.
Notes.
1
Schedule 1 sets out additional permitted uses for particular land.
2
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
3
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4
Clause 2.6 requires consent for subdivision of land.
5
Part 5 contains other provisions which require consent for particular development.
2.4 Unzoned land
(1) Development may be carried out on unzoned land only with development consent.
(2) In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5 Additional permitted uses for particular land
(1) Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2) This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6 Subdivision—consent requirements
(1) Land to which this Plan applies may be subdivided, but only with development consent.
Notes.
(2) Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note.
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
1
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
2.7 Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
2.8 Temporary use of land
(1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
(2) Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 28 days (whether or not consecutive days) in any period of 12 months.
(3) Development consent must not be granted unless the consent authority is satisfied that—
(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
This is an opening excerpt, not the complete document.