This Plan (Hay Local Environmental Plan 2011) sets the zoning for land in Hay, specifies what development is allowed, what requires Council consent, and imposes local environmental, heritage, flood and riverine controls (cl.1.3; cl.1.6).
It affects landowners, developers, the Council and state agencies: applicants bear the cost and compliance burden of approvals; the Council is the primary decision‑maker and exercises discretion under provisions such as exceptions to standards (cl.4.6), heritage consent rules (cl.5.10) and riverfront controls (cl.6.4).
This instrument is the local environmental plan (LEP) for the Hay local government area and sets the statutory local planning framework that applies to land identified on the Land Application and Land Zoning Maps (cl 1.3; cl 2.2). It commences on publication on the NSW legislation website (cl 1.1AA). The Plan replaces earlier locally applicable LEPs and deemed environmental planning instruments for the same land (cl 1.8), with a savings rule that development applications lodged before commencement and not finally determined are to be determined as if the Plan had not commenced (cl 1.8A).
Mechanically the Plan does the following things.
Establishes the consent authority for the Plan area as the Council, subject to the Act (cl 1.6).
Defines the land‑use zones that apply (for example Zones RU1, RU3, RU4, RU5, R2, E4, SP2, SP3, RE1, RE2, C1, C2, W1 and W2) and ties permitted, permissible‑with‑consent and prohibited development to those zones via the Land Use Table (cl 2.1; cl 2.3; Land Use Table).
Provides the maps that must be consulted, and confirms maps may be kept and accessed electronically (cl 1.7). Key mapping layers referenced throughout include the Land Zoning Map, Lot Size Map, Heritage Map, Land Reservation Acquisition Map and Natural Resource maps (various clauses and schedules).
States development types that are exempt or complying and sets the tests and scheduling for those pathways (cl 3.1; cl 3.2; Schedules 2 and 3).
Prescribes principal development standards and specific local controls: minimum subdivision lot size rules and exceptions (cl 4.1; cl 4.1AA; cl 4.1A), subdivision consent rules (cl 2.6), demolition consent requirement (cl 2.7), temporary use limits (cl 2.8), and an exceptions mechanism for development standards (cl 4.6).
Current sections
Direct links to the current provisions in Hay Local Environmental Plan 2011.
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
Land Use tbl: Am 2019 (137), Sch 6 [1]; 2022 (314), Sch 1; 2022 (832), Sch 1.11[2]; 2023 (458), Sch 2.41; 2025 (595), Sch 1[2].
Zone RU1 Primary Production
Zone RU3 Forestry
Zone RU4 Primary Production Small Lots
Zone RU5 Village
Zone R2 Low Density Residential
Zone E4 General Industrial
Zone SP2 Infrastructure
Zone SP3 Tourist
Zone RE1 Public Recreation
Zone RE2 Private Recreation
Zone C1 National Parks and Nature Reserves
Zone C2 Environmental Conservation
Zone W1 Natural Waterways
Zone W2 Recreational Waterways
3
Permitted with consent
3 Permitted with consent
3 Permitted with consent
Agritourism; Air transport facilities; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Cellar door premises; Cemeteries; Community facilities; Correctional centres; Depots; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Helipads; Home businesses; Home industries; Home occupations (sex services); Industrial training facilities; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Landscaping material supplies; Open cut mining; Plant nurseries; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Roadside stalls; Rural industries; Rural workers’ dwellings; Veterinary hospitals; Water recreation structures; Water supply systems
4
Prohibited
4 Prohibited
4 Prohibited
Any development not specified in item 2 or 3
Part 3
Exempt and complying development
Part 3 Exempt and complying development
Part 3 Exempt and complying development
Part 4
Principal development standards
Part 4 Principal development standards
Part 4 Principal development standards
Part 5
Miscellaneous provisions
Part 5 Miscellaneous provisions
Part 5 Miscellaneous provisions
5
Relevant acquisition authority
5 Relevant acquisition authority
5.1 Relevant acquisition authority
(1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note.
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
| Type of land shown on Map | Authority of the State |
| Zone RE1 Public Recreation and marked “Local open space” | Council |
| Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |
| Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |
| Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |
(3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
Note.
At the time this Plan was made, no land in the zones listed in the Table to subclause (2) were included on the Land Reservation Acquisition Map as the land is owned by a State authority, a public company or a subsidiary of a public company.
Part 6
Additional local provisions
Part 6 Additional local provisions
Part 6 Additional local provisions
6
Earthworks
6 Earthworks
6.1 Earthworks
(1) The objectives of this clause are as follows—
(a) to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land,
(b) to allow earthworks of a minor nature without requiring separate development consent.
(2) Development consent is required for earthworks unless—
(a) earthworks are exempt development under this Plan or another applicable environmental planning instrument, or
(b) earthworks are ancillary to other development for which development consent has been given.
(3) Before granting development consent for earthworks, the consent authority must consider the following matters—
(a) the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality of the development,
(b) the effect of the development on the likely future use or redevelopment of the land,
(c) the quality of the fill or the soil to be excavated, or both,
(d) the effect of the development on the existing and likely amenity of adjoining properties,
(e) the source of any fill material and the destination of any excavated material,
(f) the likelihood of disturbing relics,
(g) the proximity to and potential for adverse impacts on any waterway, drinking water catchment or environmentally sensitive area,
(h) any measures proposed to minimise or mitigate the impacts referred to in paragraph (g).
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.
Classification and reclassification of public land
Schedule 4 Classification and reclassification of public land
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
Schedule 5
Environmental heritage
Schedule 5 Environmental heritage
Schedule 5 Environmental heritage
(Clause 5.10)
| Locality/ suburb | Item | Address | Property description | Significance | Item No |
| Booligal | Booligal Church | Hay Street | Lot 6, Section 2, DP 758134 | Local | I1 |
| Hay | Lake Merrimajeel | | As defined on the Heritage Map | Local | I2 |
| Hay | Murrumbisdgil Swamp | | As defined on the Heritage Map | Local | I3 |
| Hay | St Andrew’s Presbyterian Church | Bank Street | Lot 2, DP 1115524 | Local | I4 |
| Hay | Former Sewer Treatment Works | Brunker Street | Lot 7020, DP 1026736 | Local | I5 |
| Hay | Former Hay Gaol | 355 Church Street | Lot 215, DP 756755, Reserve No 11030 | State | I6 |
| Hay | John Witcombe Memorial Drinking Fountain | Cnr Lachlan and Moppett Streets | Lachlan Street Road Reserve | Local | I7 |
| Hay | Westpac Bank | 112 Lachlan Street | Lot 1, DP 215571 | Local | I8 |
| Hay | Post Office | 120 Lachlan Street | Lot 1, DP 774509 | State | I9 |
| Hay | Lands Board Office | 126 Lachlan Street | Lot 7301, DP 1137381 | Local | I10 |
| Hay | Hay Shire Council Chambers | 134 Lachlan Street | Lot 214, DP 756755 | Local | I11 |
| Hay | Commercial Hotel | 195–199 Lachlan Street | Lot 30, DP 1065346 | Local | I12 |
| Hay | Gatekeepers’ Cottages | 262–264 Lachlan Street | Lot 1, DP 806593; Lot 1, DP 812034 | Local | I13 |
| Hay | Sturt’s Marked Tree | Mid Western Highway Road Reserve | X: 305.685.667220433Y: 6.181233.1213281 | Local | I22 |
| Hay | Hay Courthouse | 416–420 Moppett Street | Lot 123, DP 756755 | Local | I14 |
| Hay | St Fergal’s Roman Catholic Presbytery | 429 Moppett Street | Lot 2, DP 119241 | Local | I15 |
| Hay | Hay Railway Station and yard group including Hay Railway Station, Station Master’s House, Water Tower and Railway Porters’ Cottages | Narrandera– Hay Railway | Lots 5, 6 and 8–11, DP 812034 and Lots 8–11, DP 812034 | State | I16 |
| Hay | Presentation Convent | Cnr Pine and Orson Streets | Lot 2, DP 119241 | Local | I18 |
| Hay | St Paul’s Pro-Cathedral | 185 Pine Street | Lot 1, DP 811484 | Local | I17 |
| Hay | Former Terminus Hotel | 260 Pine Street | Lot 5, DP 758507 | Local | I19 |
| One Tree | Former One Tree Hotel | Cobb Highway (Hay Street) | Lot 2, DP 756798, Parish Ulonga | Local | I20 |
| South Hay | Bishop’s Lodge and outbuildings | 351 Moama Street | Lot 34, DP 747124 | State | I21 |
Schedule 6
Pond-based and tank-based aquaculture
Schedule 6 Pond-based and tank-based aquaculture
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Division 1
Site location requirements
Division 1 Site location requirements
Division 1 Site location requirements
Division 2
Operational requirements
Division 2 Operational requirements
Division 2 Operational requirements
7
Conservation exclusion zones
7 Conservation exclusion zones
7 Conservation exclusion zones
(1) Must not be carried out on the following land, except to the extent necessary to gain access to water—
(c) land within a wetland of international significance declared under the Ramsar Convention on Wetlands.
Note.
Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.
8
Flood liability
8 Flood liability
8 Flood liability
Must be designed or constructed on land so that it will not be inundated by the discharge of a 1:100 ARI (average recurrent interval) flood event.
9
Species selection
9 Species selection
9 Species selection
Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).
10
Pond design
10 Pond design
10 Pond design
(1) Must not require the construction of new ponds, water storages, dams or buildings.
(2) Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.
(3) Must be capable of preventing the escape of stock into natural waterbodies or wetlands.
11
Culture water
11 Culture water
11 Culture water
Must use freshwater.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Plan
1 Name of Plan
1.1 Name of Plan
This Plan is Hay Local Environmental Plan 2011.
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 Hay 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 protect, enhance and conserve agricultural lands and the contribution they make to the regional economy,
(b) to ensure that there is sufficient land to meet the employment needs of Hay,
(c) to encourage further urban growth of Hay, Booligal and Maude villages by ensuring there is a range of residential living opportunities,
(d) to ensure areas of high ecological value or significant land sensitivity are enhanced for future generations,
(e) to give priority to the protection, conservation and enhancement of areas and items of significance for Aboriginal and non-Aboriginal cultural heritage.
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
Introduces a range of land‑use specific controls and consent authority duties: heritage conservation (cl 5.10; Sch 5), intensive livestock and aquaculture assessment requirements (cl 5.18; cl 5.19; Sch 6), flood planning (cl 5.21), riparian and riverfront development (cl 6.4-6.6), earthworks (cl 6.1) and aerodrome/airspace consultation requirements (cl 6.3).
Contains a clause suspending private covenants, agreements and instruments to the extent necessary to permit development consistent with the Plan, with a list of express exclusions and preservation of public authority registered rights (cl 1.9A).
The Plan repeatedly cross‑references State instruments and other Acts and declares that State environmental planning policies prevail where the Act so provides (cl 1.9(1)). It therefore functions as the local tier of the statutory planning hierarchy in Hay and describes the decision rules, permitted uses, constraints and mandatory consultation/testing that the consent authority must apply.
Main concepts
The Plan is structured around a small set of core planning devices that determine what can be done with land, when and how.
Zoning and the Land Use Table. The primary organising mechanism is zoning. The Plan lists zone names and categories (cl 2.1) and maps land into those zones (cl 2.2). For each zone the Land Use Table sets zone objectives and lists development that is permitted without consent, that requires development consent, and that is prohibited. The consent authority must have regard to zone objectives when determining applications (cl 2.3(2)). The Land Use Table is the operative permissions matrix for day‑to‑day decisions.
Development consent and alternative pathways. The Plan distinguishes three legal routes for carrying out development: exempt development (minimal environmental impact, Schedule 2; cl 3.1), complying development (specified in Schedule 3, cl 3.2), and development that requires development consent under Part 4 of the Act and the Plan. Exempt or complying development is subject to spatial exclusions: environmentally sensitive areas are expressly excluded from exempt or complying development (cl 3.3).
Subdivision and lot size controls. Minimum lot sizes for subdivision are set by the Lot Size Map and enforced where the subdivision requires consent (cl 4.1). The Plan creates special sub‑rules for community title and strata schemes (cl 4.1AA; cl 4.1A) and also allows rural subdivision that departs from minimum lot sizes for primary production purposes but with constraints (cl 4.2; cl 4.2A). The exceptions clause limits use of the exceptions mechanism for subdivision in defined rural and conservation zones (cl 4.6(6)).
Local environmental protection layers. The Plan applies targeted local environmental controls based on mapped attributes: riparian land and waterways, wetlands, groundwater vulnerability, terrestrial biodiversity “Sensitive Areas” and river front areas (cl 6.5; cl 6.7; cl 6.9; cl 6.10; cl 6.4). Those clauses require the consent authority to consider specified environmental impacts and, in many cases, to refuse consent unless certain environmental performance tests are met.
Heritage and public land. Heritage significance, heritage items and conservation areas are listed in Schedule 5 and shown on the Heritage Map. Specific consent and notification rules apply to development affecting heritage items, archaeological sites and Aboriginal places, including mandatory consultation steps (cl 5.10). Schedule 4 governs classification and reclassification of public land and the Plan authorises the Council to take those steps consistent with the Local Government Act (cl 5.2).
Specific activity controls. The Plan contains sector‑specific rules and permitted thresholds, notably for intensive livestock (cl 5.18) and aquaculture, with detailed site and operational requirements in Schedule 6 (cl 5.19; Sch 6). Flood planning sets a multi‑factor test requiring compatibility with flood function and climate change considerations (cl 5.21). A discrete clause limits permissible refusal grounds for licensed premises playing or performing music (cl 5.20).
Cross‑instrument precedence and linkages. The Plan repeatedly points to other instruments and statutes as relevant limits or supplements , for example State environmental planning policies, the Act, the Local Government Act, the Crown Land Management Act, the Heritage Act and various water, fisheries and biodiversity instruments (see cl 1.9; cl 1.9A; cl 5.1; cl 5.12; cl 5.17; cl 5.19). The Plan therefore operates inside a network of higher order and subject‑specific legislation.
Who it affects
The Plan allocates decision‑making authority and prescribes rules that create costs and choices for particular groups. Primary categories of affected parties are:
Landowners and developers within the mapped Hay Plan area. All development on unzoned land and most subdivisions, demolitions and building works require development consent (cl 2.4(1); cl 2.6; cl 2.7). Landholders must check the Land Zoning Map, Lot Size Map and the Natural Resource maps before proposing works (cl 2.2; cl 4.1; various cl 6.x).
Hay Shire Council, which is the consent authority for the Plan area, subject to the Act (cl 1.6). The Plan creates duties the Council must perform when assessing applications, including having regard to zone objectives (cl 2.3(2)), heritage notification and consultation obligations (cl 5.10(7)-(9)), and procedural record‑keeping where standards are contravened (cl 4.6(4)).
State agencies and specified authorities. The Plan identifies particular State authorities as the relevant acquisition authority for land reserved for certain public purposes (cl 5.1). It requires consultation with a Commonwealth body if a proposed development penetrates aerodrome airspace for the Hay Aerodrome (cl 6.3). It also preserves the rights of public authorities under registered instruments (cl 1.9A(3)).
Primary producers and agribusiness. The Plan contains a number of provisions directed at agriculture: minimum lot sizes and restrictions on the erection of dwellings in rural zones (cl 4.1; cl 4.2A; cl 4.2C), intensive livestock assessment requirements and thresholds (cl 5.18), agritourism and farm gate premises rules (Land Use Table; cl 5.25), and aquaculture rules with operational and site location requirements (cl 5.19; Sch 6).
Aboriginal and local heritage stakeholders. The Plan requires consultation with local Aboriginal communities and consideration of impacts on Aboriginal objects and places for development affecting Aboriginal heritage (cl 5.10(8)). Heritage item owners face consent requirements for demolition and works affecting listed fabric (cl 5.10(2)).
Licensed premises and live entertainment venues. The Plan restricts the grounds on which consent for licensed premises can be refused in relation to playing or performing music and related features, and limits refusal for noise where the consent authority is satisfied the noise may be managed to an acceptable level (cl 5.20).
Utilities, transport and conservation agencies. Development affecting classified roads, national parks, Crown land instruments and conservation agreements interacts with State agencies named in the Plan and with other Acts referenced (cl 5.1; cl 1.9A; cl 5.12).
Who pays and who decides. The primary decision costs fall on applicants, who must prepare statements of environmental effects, heritage management documents or environmental impact statements where required (cl 5.17(4)(a); cl 5.10(5)). The Council exercises discretionary decision rights and imposes conditions; State and Commonwealth agencies have consultation and in some cases veto influence where other statutes or airport surfaces are engaged (cl 6.3; cl 5.17(4)(b)).
Key duties and rights
The Plan assigns specific duties to the consent authority, applicants and other agencies and confers certain rights or pathways for applicants.
Duties of the consent authority. The Council must have regard to zone objectives when determining an application (cl 2.3(2)). The Plan requires the consent authority to be satisfied of a range of matters before granting consent under particular clauses: for example, to be satisfied that temporary uses will not prejudice future development or the amenity of the area before granting temporary use consent (cl 2.8(3)); to consider specified environmental and operational matters before consenting to intensive livestock development (cl 5.18(3)); to consider a series of riverine and visual amenity matters before consenting to river front development (cl 6.4(3)); and to assess flood compatibility and evacuation safety before consenting within the flood planning area (cl 5.21(2)). The consent authority must keep a record of its assessment when granting consent that contravenes a development standard under the exceptions clause (cl 4.6(4)).
Notification and consultation duties. The consent authority must notify and take into account responses from the Heritage Council in relation to archaeological sites (cl 5.10(7)) and must notify local Aboriginal communities and consider responses when development affects Aboriginal places of heritage significance (cl 5.10(8)). For aerodrome‑impinging development the consent authority must consult the relevant Commonwealth body and may only grant consent if that body raises no objection (cl 6.3(2)-(4)). For certain owner‑initiated land acquisition matters the Plan identifies the State authority to be notified or involved (cl 5.1).
Applicant obligations and rights. Applicants have the right to pursue exempt or complying development where their proposal meets the standards in Schedule 2 or Schedule 3 and other conditions (cl 3.1; cl 3.2). Where an applicant proposes contravention of a development standard, the applicant must demonstrate to the consent authority that compliance is unreasonable or unnecessary and that there are sufficient environmental planning grounds to justify the contravention (cl 4.6(3)). For some development types the Plan enables development without consent subject to site location and buffer requirements, for example limited types of intensive livestock below capacity thresholds in specified locations (cl 5.18(4)-(5)) and oyster aquaculture within priority oyster aquaculture areas (cl 5.19(6)).
Rights preserved and limits on private instruments. The Plan contains a suspension mechanism for covenants and similar instruments to the extent necessary to permit development in accordance with the Plan. That suspension does not apply to covenants imposed by the Council, specified Crown instruments, conservation agreements, biobanking agreements or planning agreements (cl 1.9A(1)-(2)). The clause preserves the rights of public authorities under registered instruments (cl 1.9A(3)).
Conditionality and discretion. Much of the Plan is framed as “must be satisfied” or “must consider” duties (see cl 5.13; cl 5.18; cl 6.4; cl 5.21). The Plan therefore vests discretion in the consent authority, but it also creates mandatory procedural steps (records, notifications, specified environmental criteria) that structure that discretion.
Penalties and enforcement
The Plan itself focuses on permissions, standards and process rather than enumerating specific monetary penalties or criminal offences. It establishes the situations where development consent is required, where development may be exempt or complying, and the tests to be applied by the consent authority. From the instrument text the following enforcement and compliance implications flow.
Regulatory trigger points. The Plan identifies many activities that require development consent (for example subdivision (cl 2.6), demolition (cl 2.7), erection of dwellings in certain rural zones (cl 4.2A)) and identifies particular activities that are exempt or complying (cl 3.1; cl 3.2). Doing work that requires consent but proceeding without it will put an owner or developer outside the Plan’s permitted pathways.
Conditions as an enforcement tool. Where the consent authority grants consent, it may impose conditions to secure outcomes described in the Plan. For example, a heritage conservation incentive may only be granted if the conservation work identified in a heritage management document is required to be carried out as a condition of consent (cl 5.10(10)(c)). Aquaculture and intensive livestock approvals are conditioned on meeting site and operational requirements in Schedule 6 and cl 5.18 respectively.
Procedural safeguards and recordkeeping. The Plan requires the consent authority to keep records when granting consent that departs from development standards (cl 4.6(4)). It also prescribes mandatory notification steps (e.g. to the Heritage Council and local Aboriginal communities in cl 5.10(7)-(9)), which if not followed would be material to the validity of an approval.
Cross‑statute referral and consultation. The Plan requires consultation with other statutory authorities in particular circumstances: Commonwealth bodies for aerodrome surfaces (cl 6.3), the Heritage Council for certain archaeological matters (cl 5.10(7)), and relevant State bodies for aquaculture and water extraction or other approvals (cl 5.17(4)(b); cl 5.19(2)(b)). Failure to engage required referral bodies can expose a grant of consent to procedural challenge or non‑compliance with other statutory authorisations.
Suspended private instruments but preserved public rights. The Plan suspends private covenants to the extent necessary to allow development consistent with the Plan (cl 1.9A(1)), but preserves public authority rights under registered instruments (cl 1.9A(3)). That structure allocates the enforcement of covenant breaches differently depending on whether the covenant is public or private.
The Plan does not itself list offence provisions or penalty amounts. Enforcement of unauthorised development, breaches of conditions and offence provisions against approvals will arise under the Environmental Planning and Assessment Act 1979 and other referenced statutes and regulations that govern penalties and compliance processes. The Plan refers to those other statutes and their regulatory regimes throughout its text (for example the Act, the Local Government Act, the Heritage Act, the Rural Fires Act and water and fisheries statutes) and accordingly the precise enforcement mechanisms and penalties are those provided in the Act and those other statutes as they apply (see cross‑references at cl 1.6; cl 1.9; cl 5.12; cl 5.10 and others).
How it interacts with other laws
The Plan is densely cross‑referenced to State and Commonwealth statutes and policies and sets out a local framework that must be read in that larger legal context. The Plan itself identifies the following modes of interaction.
Precedence and State policies. The Plan is subject to any State environmental planning policy that prevails over it under the Act (cl 1.9(1)). The Plan therefore operates beneath and alongside SEPPs. The Land Use Table and specific clauses note certain SEPPs and guidance as relevant, including SEPPs dealing with housing, transport and infrastructure, industry and primary production (Land Use Table note). For development that may contravene development standards, the Environmental Planning and Assessment Regulation requires particular supporting documents (cl 4.6 note).
Statutory cross‑compliance and licensing. Multiple clauses require applicants to obtain authorisations or to identify whether licences, approvals or other authorities are required under other legislation. For example the artificial waterbody clause requires the consent authority to consider whether licenses or approvals under the Local Land Services Act, the Water Management Act or the Protection of the Environment Operations Act are required (cl 5.17(4)(b)). Pond‑based and tank‑based aquaculture must be consistent with the Fisheries Management Act’s aquaculture industry development plans (cl 5.19(7)). The Plan explicitly notes that exempt development is not exempt from approvals required under other Acts (Schedule 2 note).
Land acquisition and public land. For owner‑initiated acquisition under the Land Acquisition (Just Terms Compensation) Act 1991 the Plan identifies the State authority that will be the “relevant authority” for certain land reservation types shown on the Land Reservation Acquisition Map (cl 5.1). The Plan also authorises classification or reclassification of public land under Part 2 of Chapter 6 of the Local Government Act 1993, noting Governor approval required for certain trust discharges (cl 5.2 and note).
Heritage and Aboriginal cultural heritage. The Plan interacts with the Heritage Act 1977 and the National Parks and Wildlife Act 1974 for heritage matters. It prescribes notification to the Heritage Council for archaeological sites not on the State Heritage Register and requires consultation with local Aboriginal communities for development in Aboriginal places of heritage significance (cl 5.10(7)-(9)).
Crown land and national parks. The suspension of private covenants clause expressly excludes relevant Crown instruments, conservation agreements and Trust agreements and does not affect rights of public authorities under registered instruments (cl 1.9A(2)-(3)). Development within national parks or on land reserved under the National Parks and Wildlife Act is treated through cross‑references where those Acts prevail.
Airport and airspace rules. For development that may penetrate the obstacle limitation or operations surface for Hay Aerodrome the consent authority must consult the relevant Commonwealth body and act consistently with its advice (cl 6.3). That creates a direct interaction with Commonwealth aviation regulatory oversight.
Flooding, biodiversity and water management guidance. The Plan requires consideration of the Considering Flooding in Land Use Planning Guideline and the Flood Risk Management Manual (cl 5.21(4)). It also explicitly brings in the State Biodiversity SEPP (cl 5.17(5)(a)) when determining relevant development applications. These references bind the local decision to State guidance and technical standards.
In short, the Plan delegates many substantive operational rules to other statutes, SEPPs and published State guidance. It prescribes localised consent tests and procedural steps while relying on the regulatory and licensing frameworks in other Acts for enforcement and certain technical standards.
Amendment history
The Plan includes in its text a number of recorded amendments and repeals. The Plan also replaced prior local instruments when adopted (cl 1.8). The instrument records the following amendments and legislative insertions as set out in the text supplied:
Repeal of previous local environmental plans and deemed LEPs that applied only to the land to which this Plan applies, specifically naming Hay Local Environmental Plan 1998 as repealed (cl 1.8).
Savings provision for development applications inserted: clause 1.8A was amended (entry notes) and carries an amendment citation (Am 2019 (621), Sch 5[1]) (cl 1.8A).
Suspension of covenants, agreements and instruments clause 1.9A is recorded as amended (Am 2019 (621), Sch 5[2]-[4]) (cl 1.9A).
Zoning amendments: clause 2.1 shows amendments with citations (Am 2022 (832), Sch 1.11[1]; 2025 (595), Sch 1[1]) reflecting modification to the listed zone categories (cl 2.1).
Land Use Table amendments: the Land Use Table records multiple amendment citations (Am 2019 (137), Sch 6[1]; 2022 (314), Sch 1; 2022 (832), Sch 1.11[2]; 2023 (458), Sch 2.41; 2025 (595), Sch 1[2]).
Exceptions clause: clause 4.6 records an amendment (cl 4.6: Am 2022 (832), Sch 1.11[3]).
Clause 5.3 (development near zone boundaries) records an amendment (cl 5.3: Am 2022 (832), Sch 1.11[3]).
Clause 5.4 (controls relating to miscellaneous permissible uses) records amendments (cl 5.4: Am 2018 (406), Sch 1.64[1][2]).
Schedule 1 (Additional permitted uses) records an amendment (sch 1: Am 2024 (617), Sch 1); specifically Schedule 1 now permits service stations on Lot 2, DP 1212081, 310 Moama Street, Hay South (Sch 1.1).
Clause 6.4 (development on river front areas) was amended (cl 6.4: Am 2022 (832), Sch 1.11[4][5]).
Clause 6.8 has been repealed (cl 6.8: Rep 2021 (225), Sch 1).
These amendment citations in the Plan text indicate which provisions have been modified and the parliamentary instrument numbers and schedule references that effected those changes. The Plan itself does not set out the full text of the amending instruments; it records the amendment history inline for quick reference.
Litigation history
The Plan document does not record any judicial or tribunal decisions. It contains no list of cases or references to litigation outcomes. The instrument describes procedural pathways and administrative decision criteria but does not provide a litigation history or examples of contested decisions.
Where litigation might arise, the text indicates procedural and consultation steps that, if not followed, would be relevant to challengeable administrative decisions. Examples include:
Heritage and archaeological notification obligations (cl 5.10(7)-(9)), which require notification of the Heritage Council and local Aboriginal communities in specified circumstances. Failure to observe those procedural obligations could be a ground for administrative review or challenge.
The exceptions to development standards requires the consent authority to keep a record of the assessment where an application seeks to contravene a standard (cl 4.6(4)). A missing or inadequate record could be a point of contention in judicial review or merits review proceedings.
Cross‑statute referral obligations for aerodrome airspace (cl 6.3), aquaculture and water licences (cl 5.17), and owner‑initiated acquisition (cl 5.1) create external procedural steps. Non‑compliance with those statutory or policy consultation steps could be relevant to a legal challenge.
Because the Plan itself does not catalogue any case law, any practitioner seeking precedents must consult court and tribunal databases and decisions under the Environmental Planning and Assessment Act and related statutes. The Plan provides the statutory tests and procedural hooks that will inform litigation, but not the litigation outcomes themselves.
Gotchas
The Plan contains a number of provisions and cross‑references that can produce unexpected consequences for practitioners and clients unless proactively managed.
Savings for existing applications. A development application made before the Plan’s commencement and not finally determined must be determined as if the Plan had not commenced (cl 1.8A). That means an applicant with an earlier DA may avoid new constraints in the Plan, but it also means a new proposal lodged after commencement must comply with the Plan. The note to cl 1.8A flags the Division 3.5 transitional procedures for applications that require an environmental planning instrument amendment; the timing and public notice requirements can be consequential.
Suspension of covenants is limited. Clause 1.9A suspends private covenants to the extent necessary to enable development consistent with the Plan. However the suspension expressly excludes covenants imposed by the Council, specified Crown land instruments, conservation agreements, property vegetation plans, biobanking agreements and planning agreements (cl 1.9A(2)). Registered public authority rights are preserved (cl 1.9A(3)). Practitioners should not assume a blanket removal of private covenant constraints.
Exempt and complying development exclusions. Exempt or complying development is not available on environmentally sensitive areas identified by the Plan (cl 3.3). Also exempt development is excluded where the site contains a State heritage item or an item subject to an interim heritage order (cl 3.1(3)(d)). Checking the Heritage Map and Natural Resource maps is therefore essential at pre‑lodgement.
Music and licensed premises. Clause 5.20 prevents the consent authority refusing consent for licensed premises on particular grounds related to music and performance characteristics, and it bars refusal on noise grounds where the consent authority is satisfied noise can be managed to an acceptable level (cl 5.20(1)-(2)). This shifts the assessment to feasible noise management and places an evidentiary burden on objectors and on the consent authority to show unmanageable noise risks.
Subdivision exceptions are constrained. The exceptions to development standards clause allows flexibility but expressly prevents its use to authorise subdivisions that would result in multiple lots below minimum areas in certain rural and conservation zones (cl 4.6(6)). That restricts the scope for creative use of the exceptions mechanism in rural fragmentation cases.
Rural dwelling and rural worker dwelling constraints. The Plan permits rural subdivision for primary production under cl 4.2 but prohibits creating a lot that would then contain a new dwelling or the erection of a dwelling on such a lot (cl 4.2(3)-(5)). Separate clauses restrict new dwellings in RU1 and RU4 unless minimum lot size or historical holding conditions are met, or the dwelling replaces an existing dwelling (cl 4.2A; cl 4.2C). Practitioners must map historic holdings and check what counts as an “existing holding” or permissible exception.
Aquaculture and waterbody thresholds. Artificial waterbodies between 15 ML and 100 ML in environmentally sensitive areas require development consent and additional documents, and the consent authority must consider licences under other Acts (cl 5.17(3)-(4)). Pond and tank aquaculture is subject to site and operational requirements in Schedule 6 (cl 5.19; Sch 6), and oyster aquaculture has priority area carve‑outs (cl 5.19(6)). Overlooking these thresholds will risk refusal or requirement to provide further environmental information.
Flood planning and climate change. The flood planning clause requires the consent authority to consider projected changes as a result of climate change and to be satisfied that development will not adversely affect flood behaviour, evacuation or the environment (cl 5.21(1)-(3)). Applicants must incorporate climate change considerations and evacuation planning into design and documentation.
Maps and changing maps. The Plan relies on a variety of maps (Land Zoning Map, Lot Size Map, Heritage Map, Natural Resource maps). Clause 1.7 permits maps to be amended or replaced by subsequent instruments and requires them to be kept available. Practitioners should confirm the current maps on the NSW Planning Portal before advising clients.
Interplay with other approvals. The Plan repeatedly notes that approvals under the Plan do not exempt applicants from licences and authorisations required under other Acts (for example Sch 2 note; cl 5.17(4)(b); cl 5.19(2)(b)). Obtaining these other permits can be a separate and time‑consuming process.
Recordkeeping where standards are varied. If a consent authority allows development that contravenes a development standard it must keep a record of its assessment (cl 4.6(4)). An absent or inadequate record can be a procedural vulnerability in any review process.
How to comply
This section offers a practical compliance checklist grounded in the Plan’s text and structured around the principal decision points that the Plan creates. Each step cites the Plan clause that prescribes the requirement.
Confirm zoning and mapped overlays.
Check the Land Zoning Map to confirm the zone applicable to the site (cl 2.2).
Consult the Lot Size Map for minimum subdivision lot sizes and the Natural Resource maps for Riparian Land, Wetlands, Groundwater Vulnerability and Biodiversity Sensitive Areas (cl 4.1; cl 6.5; cl 6.7; cl 6.9; cl 6.10).
Check the Heritage Map and Schedule 5 for heritage items and conservation areas (cl 5.10; Sch 5).
Determine the development pathway.
If the proposal is listed in Schedule 2 and meets the Schedule’s standards, it may be exempt development (cl 3.1).
If the proposal is listed in Schedule 3 and meets the Part 1 development standards and Part 2 conditions, it may be complying development (cl 3.2).
Otherwise, prepare a development application for development consent in line with the Act and the Plan (cl 2.3(1)).
Check environmental exclusions and sensitive areas.
Exempt and complying development are not permitted in environmentally sensitive areas identified in cl 3.3; if the site is within those zones prepare for a full development application and specialist studies.
For proposals affecting wetlands, riparian land, river front areas, groundwater vulnerability or terrestrial biodiversity, assemble targeted assessments addressing the matters listed in cl 6.5, cl 6.6, cl 6.7, cl 6.9 and cl 6.10 respectively.
Prepare required documentation.
For development that may contravene a development standard prepare the document required by the Environmental Planning and Assessment Regulation setting out the applicant’s grounds, and be prepared to demonstrate that compliance is unreasonable or unnecessary and that sufficient environmental planning grounds exist (cl 4.6(3) and note).
For intensive livestock proposals prepare a statement of environmental effects addressing odour, water pollution risk, soil degradation and mitigation measures and identify any intention to comply with industry codes of practice (cl 5.18(3)(a), (b), (c), (e), (g)). For small scale operations that meet the numeric thresholds and siting buffers in cl 5.18(4)-(5), verify buffers.
For artificial waterbodies between 15 ML and 100 ML in environmentally sensitive areas prepare a statement of environmental effects and identify any licences or exemptions under the Water Management Act, Local Land Services Act or Protection of the Environment Operations Act (cl 5.17(3)-(4)).
For aquaculture ensure pond and tank design complies with Schedule 6 site and operational requirements (cl 5.19; Sch 6).
Heritage and Aboriginal consultation.
If the site contains a heritage item, Aboriginal object or archaeological site follow cl 5.10 requirements: give notice, obtain or prepare heritage management documents or heritage conservation management plans where required and, where relevant, notify the Heritage Council and local Aboriginal communities and take their responses into account (cl 5.10(2)-(9)).
Flooding and evacuation planning.
For development in the flood planning area prepare materials that demonstrate compatibility with flood function and behaviour, consider climate change projections and evacuation safety, and reference the Considering Flooding guideline and the Flood Risk Management Manual as appropriate (cl 5.21(2)-(4)).
Aerodrome and transport consultation.
If the development will penetrate the Limitation or Operations Surface for Hay Aerodrome consult the relevant Commonwealth body and take its advice into account; do not expect consent if that body advises the development should not be constructed (cl 6.3(2)-(4)).
For land shown on the Land Reservation Acquisition Map identify the relevant acquisition authority listed in cl 5.1 and engage as required for owner‑initiated acquisition matters.
Temporary uses and event planning.
Temporary uses may only be consented for a maximum of 52 days in any 12 month period, unless specifically excepted for sales offices in new release areas (cl 2.8(2)-(4)). Ensure applications for events or pop‑ups comply with the subclause matters and restoration obligations (cl 2.8(3)(d)).
Noise and entertainment considerations.
For licensed premises proposing live or amplified music prepare and front evidence of noise management measures; the consent authority cannot refuse on music‑related grounds where noise can be managed to an acceptable level (cl 5.20(1)-(2)).
Check private instruments and covenant scope.
Identify applicable covenants and easements. If a covenant is privately created and restricts the proposed development, cl 1.9A may suspend the covenant to the extent necessary for the development to proceed consistent with the Plan, but that suspension does not apply to council‑imposed covenants and several Crown and conservation instruments (cl 1.9A(1)-(2)). Confirm whether a covenant is of a kind excluded from suspension.
Pre‑lodgement engagement.
Use pre‑lodgement meetings with the Council to confirm required studies and to identify whether referrals (Heritage Council, local Aboriginal communities, Commonwealth aerodrome body, State fisheries/water agencies) will be required. The Plan makes those referral obligations explicit in several clauses (cl 5.10; cl 6.3; cl 5.17; cl 5.12).
Conditions, compliance and record retention.
If seeking approval that varies a development standard, ensure the application addresses the cl 4.6(3) matters and be ready for the consent authority’s requirement to keep a record of its assessment (cl 4.6(4)). If consent is granted, confirm all conditions and prepare project management systems to deliver the conservation, mitigation and monitoring measures the consent imposes (cl 5.13(k)(iv) for eco‑tourism examples; cl 5.10(10)(c) for heritage conservation conditions).
Multiple authorisations.
Remember that approvals under the Plan do not remove the need for other statutory licences and approvals. Identify and start applications in parallel where possible for licences under the Local Land Services Act, Water Management Act, Fisheries Management Act, Protection of the Environment Operations Act, or the Heritage Act as the Plan directs (cl 5.17(4)(b); cl 5.19(7); Sch 6 notes; cl 5.10).
Following those steps will align applicants to the Plan’s decision tests. The Plan places procedural duties on the consent authority (notification, record keeping, satisfaction of environmental tests) and substantive constraints on landowners (zoning, lot size, heritage and environmental overlay rules), so early mapping, pre‑lodgement consultation and parallel processing of other statutory licences are the most concrete compliance steps the Plan requires.
Notes in this Plan are provided for guidance and do not form part of this Plan.
1 Consent authority
1 Consent authority
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1 Maps
1 Maps
1.7 Maps
(1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(1AA) (Repealed)
(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4) For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
1 Repeal of planning instruments applying to land
1 Repeal of planning instruments applying to land
1.8 Repeal of planning instruments applying to land
(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
Note.
The following local environmental plans are repealed under this provision—
Hay Local Environmental Plan 1998
(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 Savings provision relating to development applications
1 Savings provision relating to development applications
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 Application of SEPPs
1 Application of SEPPs
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 Suspension of covenants, agreements and instruments
1 Suspension of covenants, agreements and instruments
1.9A Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2) This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
(3) This clause does not affect the rights or interests of any public authority under any registered instrument.
(4) Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2019 (621), Sch 5[2]–[4].
Part 2 Permitted or prohibited development
Part 2 Permitted or prohibited development
Part 2 Permitted or prohibited development
2 Land use zones
2 Land use zones
2.1 Land use zones
The land use zones under this Plan are as follows—
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2 Zone objectives and Land Use Table
2 Zone objectives and Land Use Table
2.3 Zone objectives and Land Use Table
(1) The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3) In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4) This clause is subject to the other provisions of this Plan.
Notes.
2
1
Schedule 1 sets out additional permitted uses for particular land.
2
2
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
2
3
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
2
4
Clause 2.6 requires consent for subdivision of land.
2
5
Part 5 contains other provisions which require consent for particular development.
2 Unzoned land
2 Unzoned land
2.4 Unzoned land
(1) Development may be carried out on unzoned land only with development consent.
(2) In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2 Additional permitted uses for particular land
2 Additional permitted uses for particular land
2.5 Additional permitted uses for particular land
(1) Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2) This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2 Subdivision—consent requirements
2 Subdivision—consent requirements
2.6 Subdivision—consent requirements
(1) Land to which this Plan applies may be subdivided, but only with development consent.
Notes.
(2) Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note.
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
2
1
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2
2
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
2 Demolition requires 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 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 52 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.
(4) Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
(5) Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
2 Canal estate development prohibited
2 Canal estate development prohibited
2.9 Canal estate development prohibited
(1) Canal estate development is prohibited on land to which this Plan applies.
(2) In this Plan, canal estate development means development that involves—
(a) a constructed canal, or other waterway or waterbody, that—
(i) is inundated b
This is an opening excerpt, not the complete document.