This Local Environmental Plan sets the planning rules for land in the Narrabri area: it maps zones, lists what uses are permitted, what needs Council consent, and what is prohibited. It also sets subdivision and development standards, heritage and environmental controls, and site-specific permissions. It mainly affects landowners, developers and the Council (the consent authority) because it changes what development is allowed, when consent is required and what conditions must be met.
This instrument is a local environmental plan for the Narrabri local government area. Mechanically it does the following.
Establishes the Plan’s name and commencement. The Plan is titled Narrabri Local Environmental Plan 2012 (cl 1.1) and commences on the day it is published on the NSW legislation website (cl 1.1AA).
Identifies the land to which it applies by reference to the Land Application Map and Land Zoning Map (cl 1.3; cl 2.2).
States the Plan’s broad aims, including protection of agricultural land and natural resources, provision for arts and cultural activity, a choice of living opportunities and community facilities (cl 1.2).
Declares the consent authority for the Plan is the Council, subject to the Environmental Planning and Assessment Act (cl 1.6).
Adopts a set of named maps (cl 1.7) and makes those maps the operative referents for zone boundaries, lot sizes and other spatial controls (see cll 2.1, 2.2, and other map references throughout the Plan).
Repeals prior local environmental instruments that applied only to the land covered by this Plan, and removes the application of any plan that covered the same land and other land (cl 1.8). A savings provision requires that development applications made before this Plan commenced but not finally determined are to be decided as if the Plan had not commenced (cl 1.8A).
Makes the Plan subject to State environmental planning policies that prevail under the Act (cl 1.9).
Suspends private covenants and similar instruments to the extent necessary to enable development that is authorised under this Plan, while carving out particular exceptions (cl 1.9A). That suspension was made with the Governor’s prior approval under s 3.16 of the Act (cl 1.9A(4)).
Current sections
Direct links to the current provisions in Narrabri Local Environmental Plan 2012.
State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
Agritourism; Air transport facilities; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Camping grounds; Cellar door premises; Cemeteries; Community facilities; Depots; Dual occupancies; Dwelling houses; Environmental facilities; Extractive industries; Farm experience premises; Farm stay accommodation; Flood mitigation works; Freight transport facilities; Helipads; Home businesses; Home industries; Information and education facilities; Intensive livestock agriculture; Landscaping material supplies; Open cut mining; Plant nurseries; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Roadside stalls; Rural industries; Rural workers’ dwellings; Signage; Turf farming; Water recreation structures; Water supply systems
4
Prohibited
4 Prohibited
4 Prohibited
Any development not specified in item 2 or 3
Part 3
Exempt and complying development
Part 3 Exempt and complying development
Part 3 Exempt and complying development
Part 4
Principal development standards
Part 4 Principal development standards
Part 4 Principal development standards
Part 5
Miscellaneous provisions
Part 5 Miscellaneous provisions
Part 5 Miscellaneous provisions
5
Relevant acquisition authority
5 Relevant acquisition authority
5.1 Relevant acquisition authority
(1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note.
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
| Type of land shown on Map | Authority of the State |
| Zone RE1 Public Recreation and marked “Local open space” | Council |
| Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |
| Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |
| Zone SP2 Infrastructure and marked “Local drainage” | 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.
cl 5.1: Am 2025 (170), Sch 1[4].
Part 6
Additional local provisions
Part 6 Additional local provisions
Part 6 Additional local provisions
6
Earthworks
6 Earthworks
6.1 Earthworks
(1) The objective of this clause is 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.
(2) Development consent is required for earthworks unless—
(a) the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or
(b) the earthworks are ancillary to development that is permitted without consent under this Plan or to development for which development consent has been given.
(3) Before granting development consent for earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters—
(a) the likely disruption of, or any detrimental effect on, 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 appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.
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 2022 (832), Sch 1.18[8]–[10]
sch.2-sec
Signage—general requirements
sch.2-sec Signage—general requirements
Signage—general requirements
(1) Must be non-moving.
(2) Must be at least 700mm from kerb or roadway edge of a public road.
(3) Must be at least 2.6m above any public footpath.
(4) Must relate to the lawful use of the building (except for temporary signs or tourist information or directional signs).
(5) Must not be detrimental to the character and functioning of the building.
(6) Must not cover mechanical ventilation inlet or outlet vents.
(7) Must not be externally illuminated.
(8) Must not be flashing.
(9) Must not be internally illuminated, unless located on land in Zone E1, E4 or MU1 or on business or industrial premises in Zone RU5.
sch.2-sec-oc.2
Signage—signs on residential premises
sch.2-sec-oc.2 Signage—signs on residential premises
Signage—signs on residential premises
(1) Must meet the general requirements for signage.
(2) Must be located on land within Zone RU1 Primary Production, Zone RU4 Primary Production Small Lots, Zone R1 General Residential, Zone R5 Large Lot Residential or Zone C3 Environmental Management.
(3) Maximum 2 signs per premises.
(4) Maximum area—1m2.
(5) Maximum height—3m.
(6) Must not be located on land on which there is a building that is a heritage item unless—
(a) no part of the sign will cover windows or architectural projections or other decorative features of the premises, and
(b) the sign can be removed without altering the fabric of the heritage item, and
(c) the sign is not painted onto the surface of the heritage item, and
(d) display of the sign does not require the removal of a tree.
sch.2-sec-oc.3
Signage—signs on business or industrial premises
sch.2-sec-oc.3 Signage—signs on business or industrial premises
Signage—signs on business or industrial premises
(1) Maximum 3 signs per premises.
(2) Must be located on land within Zone RU5, E1, E4 or MU1.
(3) Must be one of the following types of signs—
(a) top hamper sign with maximum area—2.5m2, or
(b) under awning sign with maximum area—1.5m2, or
(c) projecting wall sign with maximum area—2.5m2, or
(d) flush wall sign that does not extend above the top of the wall to which it is attached and with maximum area—2.5m2.
(4) Must not be internally illuminated unless—
(a) the sign is not in continuous or intermittent motion, and
(b) the display is not varied at pre-set timing intervals.
(5) Must not be displayed on land on which there is a building that is a heritage item unless—
(a) no part of the sign will cover windows or architectural projections or other decorative features of the premises, and
(b) the sign can be removed without altering the fabric of the heritage item, and
(c) display of the sign does not require the removal of a tree.
(6) Must not be located on land in a heritage conservation area unless—
(a) it has a height of not more than 3m, and
(b) no part of the sign will cover windows or architectural projections or other decorative features of the premises.
sch.2-sec-oc.4
Signage—real estate signs
sch.2-sec-oc.4 Signage—real estate signs
Signage—real estate signs
(1) Must meet the general requirements for signage.
(2) Must be located within the curtilage of the premises.
(3) Maximum area for signs on residential premises—2.5m.
(4) Maximum height—6m.
(5) Must be removed within 14 days after the premises or land is sold or let.
(6) Maximum 2 signs per premises.
sch.2-sec-oc.5
Signage—signs behind the glass line of a shop window
sch.2-sec-oc.5 Signage—signs behind the glass line of a shop window
Signage—signs behind the glass line of a shop window
(1) Must meet the general requirements for signage.
(2) Must not be located in a sex services premises or restricted premises.
sch.2-sec-oc.6
Signage—replacement of existing signs
sch.2-sec-oc.6 Signage—replacement of existing signs
Signage—replacement of existing signs
(1) Must replace a sign lawfully displayed.
(2) Must not increase the display area or intensity of illumination.
sch.2-sec-oc.7
Signage—temporary signs (special events or venues for exhibitions or demonstrations)
sch.2-sec-oc.7 Signage—temporary signs (special events or venues for exhibitions or demonstrations)
Signage—temporary signs (special events or venues for exhibitions or demonstrations)
(1) Must meet the general requirements for signage.
(2) Maximum area—5m2.
(3) Maximum height—6m.
(4) Must not be displayed earlier than 28 days before, or later than 14 days after, the event.
(5) Must not obstruct the sight line of vehicular traffic.
(6) Must not be located on land on which there is a building that is a heritage item unless—
(a) no part of the sign will cover windows or architectural projections or other decorative features of the premises, and
(b) the sign can be removed without altering the fabric of the heritage item, and
(c) the display of the sign does not require the removal of a tree, and
(d) maximum area—2.5m2.
sch.2-sec-oc.8
Signage—sponsorship signs (corporate sponsorship of a community or sporting use)
sch.2-sec-oc.8 Signage—sponsorship signs (corporate sponsorship of a community or sporting use)
Signage—sponsorship signs (corporate sponsorship of a community or sporting use)
(1) Must meet the general requirements for signage.
(2) Maximum height—6m.
(3) Must not include commercial advertising apart from the name or logo of any event sponsors.
(4) Must be located and oriented to be predominantly visible to spectators within the site rather than to the general public externally.
(5) Must not obstruct the sight line of vehicular traffic.
(6) Must not be located on land on which there is a building that is a heritage item unless—
(a) no part of the sign will cover windows or architectural projections or other decorative features of the premises, and
(b) the sign can be removed without altering the fabric of the heritage item, and
(c) the display of the sign does not require the removal of a tree, and
(d) it has an area of not more than 2.5m2.
sch.2-sec-oc.9
Signage—tourist information or directional signs
sch.2-sec-oc.9 Signage—tourist information or directional signs
Signage—tourist information or directional signs
(1) Must indicate to the public tourist attractions and facilities in the locality, comprising—
(a) places of historical, scientific, educational or public interest, or
(b) picnic areas, parks or rest areas, or
(c) public buildings, public utilities or essential services, or
(d) recreational, sporting, charitable or religious facilities, or
(e) tourist and tourist related facilities and undertakings, including caravan parks, camping grounds, tourist and visitor accommodation, and service stations.
(2) Maximum area—0.3m2.
(3) Maximum height—6m.
(4) Must not be located within a road reserve without the approval of the relevant road authority.
(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 Narrabri Local Environmental Plan 2012.
1 Commencement
1 Commencement
1.1AA Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
1 Aims of Plan
1 Aims of Plan
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in Narrabri 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 encourage the orderly management, development and conservation of resources by protecting, enhancing and conserving—
(i) land of significance for agricultural production, and
(ii) timber, minerals, soil, water and other natural resources, and
(iii) areas of high scenic or recreational value, and
(iv) native plants and animals including threatened species, populations and ecological communities, and their habitats, and
(v) places and buildings of heritage significance,
(b) to provide a choice of living opportunities and types of settlements,
(c) to facilitate development for a range of business enterprise and employment opportunities,
(d) to ensure that development is sensitive to both the economic and social needs of the community, including the provision of community facilities and land for public purposes.
1 Land to which Plan applies
1 Land to which Plan applies
1.3 Land to which Plan applies
Sets out land use zones (cl 2.1) and a Land Use Table which specifies, for each zone, objectives, development permitted without consent, development permitted only with consent, and prohibited development (cl 2.3). The Plan also provides for Additional Permitted Uses on specified land via Schedule 1 (cl 2.5).
Prescribes primary development standards and subdivision controls, including minimum lot sizes and multiple transitional and exception rules that affect when subdivisions or dwellings are permitted (Part 4, cll 4.1-4.6 and related clauses such as 4.1AA-4.1C, 4.2-4.2C). Some common metropolitan controls (height, floor space ratio) are explicitly not adopted (cll 4.3-4.5).
Provides an exempt development schedule and complying development framework (Part 3, cll 3.1-3.3; Schedules 2 and 3) and identifies environmentally sensitive areas where exempt or complying development cannot be carried out (cl 3.3).
Sets particular operational and locational controls in later Parts and Schedules, including heritage controls (cl 5.10; Schedule 5), flood planning requirements (cl 5.21), intensive livestock agriculture controls (cl 5.18), pond/tank and oyster aquaculture rules (cl 5.19 and Schedule 6), airspace and aircraft noise rules near Narrabri Airport (cll 6.3-6.4), temporary use limits (cl 2.8), constraints on canal estate development (cl 2.9), signage standards (Schedule 2), and rules about essential services (cl 6.5).
Contains administrative provisions about classification and reclassification of public land (cl 5.2; Schedule 4) and identifies the relevant authority to acquire land reserved for public purposes for owner-initiated acquisition under the Land Acquisition (Just Terms Compensation) Act 1991 (cl 5.1).
The Plan is an instrument of land-use regulation: it sets permitted and prohibited uses by zone, the consent triggers and thresholds, and a range of specific development controls and site-based exclusions. It does not itself set out criminal penalties; it operates within the statutory framework of the Environmental Planning and Assessment Act and other Acts to which it refers (see cross-references throughout).
Main concepts
The Plan’s core regulatory architecture rests on a few repeating devices drawn from the Environmental Planning and Assessment Act framework.
Zoning and Land Use Table: Zones listed at cl 2.1 (RU1, RU3, RU4, RU5, R1, R5, E1, E3, E4, MU1, SP1, SP2, RE1, RE2, C1, C3). The Land Use Table required by cl 2.3 provides, for each zone, objectives, development permitted without consent, development permitted only with consent and prohibited development. Zone objectives are applied by the consent authority in determining applications (cl 2.3(2)). Schedule 1 can add permitted uses for particular parcels (cl 2.5(1)-(2)). Maps are the spatial expression of the zones (cl 1.7; cl 2.2).
Consent triggers: The Plan differentiates development that is exempt, complying, permissible with consent, and prohibited. Exempt and complying development are set out in Part 3 and Schedules 2 and 3 (cll 3.1-3.2). Development requiring consent includes subdivision (cl 2.6), demolition (cl 2.7), temporary uses over specified days (cl 2.8), and many specific activities listed in the Land Use Table. The Plan treats some development as permissible without consent (listed in each zone’s item 2) but notes that even such development is subject to Part 5 assessment and approval requirements of the Act (note to cl 2.3).
Spatial layers and maps: The Plan depends on a series of maps: Land Application Map, Land Zoning Map, Lot Size Map, Land Reservation Acquisition Map, Heritage Map, Active Street Frontages Map, Obstacle Limitation Surface Map and Noise Exposure Contours. Maps may be amended or combined and are to be kept available for public access (cl 1.7). Specific controls refer to those maps, e.g. lot sizes (cl 4.1(3)), active street frontages (cl 6.8), obstacle limitation surfaces (cl 6.3).
Development standards and exceptions: Part 4 sets minimum subdivision lot sizes and a framework for exceptions (cll 4.1-4.6). Clause 4.6 permits limited flexibility to contravene a development standard where the consent authority is satisfied of specified grounds, and requires a record of the assessment (cl 4.6(3), (4)). Clause 4.6 also contains restrictions on its operation for certain subdivisions in rural and conservation zones (cl 4.6(6)).
Environmental, heritage and hazard overlays: The Plan embeds constraints where development would affect heritage items (cl 5.10 and Schedule 5), environmentally sensitive areas (cl 3.3, references elsewhere), bush fire hazard (cl 5.11), flood planning requirements (cl 5.21) and airport-related constraints (cll 6.3-6.4). These overlays generate pre-conditions, notification obligations to statutory agencies and additional investigation and assessment requirements (for example heritage management documents under cl 5.10(5)).
Sector-specific operational rules: Intensive livestock agriculture is regulated by capacity thresholds and locational restrictions; smaller operations may be exempt from consent where locational tests are met (cl 5.18). Pond/tank aquaculture and oyster aquaculture have site-location and operational minimums in cl 5.19 and Schedule 6. Licensed premises have a specific protection from refusal on the grounds of music and performance characteristics (cl 5.20).
Interaction with other statutory regimes: The Plan repeatedly defers to other laws. It is subject to State environmental planning policies that prevail (cl 1.9). It preserves rights and approvals required under other Acts (note in Schedule 2; e.g. fisheries, biodiversity, heritage, crown land, local government, land acquisition references throughout). The Plan also provides for the suspension of private covenants to the extent necessary to allow development authorised by the Plan, while listing categories of covenants and instruments not subject to suspension (cl 1.9A).
Administrative classification of public land and acquisition identification: The Plan classifies and reclassifies selected public land as operational or community land (cl 5.2; Schedule 4) and names the State authorities that will be the "relevant acquisition authority" for different reserved lands (cl 5.1).
These concepts combine zoning-based command (what is permitted where), standards-based limits (lot sizes, floor areas, distances), procedural gates (consent, notification, record-keeping), and cross-agency checks (Heritage Council, Commonwealth bodies for airport matters). The Plan frequently couples permissibility with specific performance or locational tests (for example aquaculture and intensive livestock clauses) and uses schedules and maps to translate abstract objectives into parcel-specific permissions.
Who it affects
The Plan assigns rights and obligations that will affect, in practical terms, the following groups.
Landowners and prospective purchasers within the area shown on the Land Application Map and Land Zoning Map (cl 1.3; cl 2.2). Their title does not automatically confer a right to carry out a use unless the Plan permits it in the zone or via Schedule 1 additional permitted uses (cl 2.3; cl 2.5). Owners seeking subdivision, demolition, new dwellings, intensive agricultural enterprises or other regulated activities will generally require development consent (cl 2.6; cl 2.7; cl 4.2; cl 5.18).
Developers and builders who propose development, including those seeking exempt or complying development status under Schedules 2 and 3 (Part 3). Exempt development must meet the Schedule 2 standards and is excluded from environmentally sensitive areas (cl 3.1; cl 3.3). Complying development requires compliance with the relevant deemed-to-satisfy provisions and any local conditions (cl 3.2).
The Council as consent authority and local regulator. The Plan designates the Council as the consent authority subject to the Act (cl 1.6) and gives the Council functions including classification/reclassification of public land (cl 5.2), considering applications under heritage rules (cl 5.10), and imposing conditions required by other agencies (for example Commonwealth bodies in airspace matters at cl 6.3). The consent authority has several statutory duties to consider zone objectives, environmental effects, and specified additional matters set out in the Plan (for example cl 2.3(2), cl 5.18(3), cl 5.21(3)).
State and Commonwealth agencies. The Plan identifies circumstances where a State or Commonwealth body must be consulted: State environmental planning policies prevail (cl 1.9); the relevant Commonwealth body must be consulted about developments that may penetrate an obstacle limitation surface at Narrabri Airport (cl 6.3(2)); and the Heritage Council must be notified before consent to development on certain archaeological sites (cl 5.10(7)). The Plan also names State authorities as relevant acquisition authorities for particular reservation types (cl 5.1(2)).
Holders of private covenants, trust interests and other registered instruments. Clause 1.9A suspends covenants or similar instruments only to the extent necessary to enable development authorised by the Plan, but it specifically excludes covenants imposed by the Council, certain Crown-related instruments and planning agreements (cl 1.9A(2)). Clause 1.9A(3) preserves public authority rights under registered instruments.
Heritage owners and Aboriginal communities. The Plan requires consent for works affecting heritage items, Aboriginal objects and Aboriginal places, and imposes notification and consultation duties, including a requirement to notify local Aboriginal communities and consider their responses (cl 5.10(2), (8)). The consent authority may require heritage assessments or conservation management plans (cl 5.10(5)-(6)). Heritage items are listed in Schedule 5.
Agricultural and aquaculture operators. The Plan regulates primary production uses via RU zones, sets minimum lot sizes and subdivision rules (Part 4, cl 4.1 et seq.), and places operational and locational conditions on intensive livestock agriculture (cl 5.18) and pond/tank/oyster aquaculture (cl 5.19; Schedule 6). Thresholds below which consent is not required for livestock enterprises are set out in cl 5.18(4)-(5), subject to locational restrictions.
Operators of licensed premises. Clause 5.20 limits the grounds upon which a consent authority may refuse development in relation to licensed premises because of playing or performing music and related features; it also authorises refusal where noise cannot be managed to an acceptable level (cl 5.20(1)-(2)).
Parties with interests in transitory uses and events. Temporary uses are permitted for up to 28 days in any 12-month period subject to the consent authority being satisfied about amenity, restoration and other impacts (cl 2.8). This affects event organisers and landowners offering short-term uses.
The Plan therefore affects a wide set of actors: private landowners and developers seeking permission to change land use or carry out works, the municipal consent authority (Council), State and Commonwealth regulatory agencies with statutory interests, heritage and Aboriginal stakeholders, primary production operators, and users of special precincts such as airport environs. In most cases, the practical effect is that building, subdivision or operational change requires engagement with the Council, adherence to the Plan’s tests and maps, and, where relevant, consultation with other statutory bodies.
Key duties and rights
This Plan allocates specific duties to the consent authority and obligations on applicants, and confers permissive rights where development is listed as permissible. Key duties and rights, with source clauses, include:
Duty to regard zone objectives. The consent authority must have regard to the objectives for development in a zone when determining a development application (cl 2.3(2)). That is an express statutory judgment requirement tied to each zone’s objectives.
Consent requirement for subdivision and demolition. Subdivision may be carried out only with development consent (cl 2.6(1)). Demolition of a building or work generally requires development consent (cl 2.7). The Plan also restricts subdivision of land where a secondary dwelling exists (cl 2.6(2)).
Exempt and complying development tests. A project is exempt only if it satisfies Schedule 2 standards and other conditions, including not being designated development and not affecting listed State heritage items (cl 3.1). Complying development requires satisfaction of specified development standards and relevant building-code requirements; complying development certificates are subject to Schedule 3 conditions (cl 3.2). Exempt or complying development is excluded from specified environmentally sensitive areas (cl 3.3).
Minimum lot size standards and exceptions. Clause 4.1 prescribes minimum lot sizes as shown on the Lot Size Map for subdivisions that require consent. Clauses 4.1AA, 4.1A, 4.1B and 4.1C provide tailored rules for community title schemes, strata plan schemes, split-zone lots and boundary adjustments. Clause 4.2 and 4.2A provide rural subdivision flexibility subject to conditions, and cl 4.2B sets detailed limits on erection of dwellings in certain rural and conservation zones.
Duty to record decisions where development standards are contravened. If the consent authority allows development that contravenes a development standard under cl 4.6, it must be satisfied of the matters listed and must keep a record of its assessment (cl 4.6(3)-(4)). Clause 4.6 also excludes certain development standards from being varied under the clause (cl 4.6(8)).
Heritage controls and notification duties. Development consent is required for demolition, external alteration, alteration of specified interior elements, disturbance of archaeological sites where relics are likely, disturbance of Aboriginal places of heritage significance, erection of buildings on or within heritage areas, and subdivision affecting heritage places (cl 5.10(2)). The consent authority may require heritage management documents and must notify the Heritage Council about development on archaeological sites and some nominated State heritage items before granting consent (cl 5.10(5), (7), (9)). The consent authority must also involve local Aboriginal communities and consider their responses within 28 days for development in Aboriginal places of heritage significance (cl 5.10(8)).
Flood-planning considerations. Development consent must not be granted on land the consent authority considers to be within the flood planning area unless the development is compatible with flood function and behaviour, will not worsen flood affectation for other properties, and incorporates measures to manage risk to life and ensure safe evacuation (cl 5.21(2)). The consent authority must take account of projected changes due to climate change and the Department’s flood guidance documents (cl 5.21(3)-(4)).
Requirement to demonstrate essential services. A consent authority must be satisfied that essential services will be available or arrangements are in place before granting development consent (cl 6.5). Essential services are listed at cl 6.5(a)-(e).
Airspace and aircraft noise duties. For development that may penetrate an obstacle limitation surface the consent authority must consult the relevant Commonwealth body, allow a minimum 28-day comment period and, if the Commonwealth body objects, must refuse consent (cl 6.3(2), (5)). For development within airport ANEF contours the consent authority must consider occupancy increases, AS 2021-2000 siting criteria and indoor design sound levels (cl 6.4(3)(a)-(c)).
Rights to use land in particular ways where specified. The Land Use Table and Schedule 1 confer rights to carry out specified uses either without consent or with development consent (cl 2.3; cl 2.5). Schedule 2 expressly allows certain signs and other low-impact developments as exempt where standards are met (sch 2). Schedule 6 sets minimum operational requirements that, if satisfied, permit pond/tank aquaculture development in specified zones (cl 5.19; Schedule 6).
Suspension of restrictive instruments. Clause 1.9A suspends private agreements or covenants to the extent necessary to allow development authorised by this Plan, but only subject to express carve-outs (cl 1.9A(1)-(3)). The Plan records that the Governor approved these subclauses before the clause was made (cl 1.9A(4)).
Limitations on grounds for refusal for music at licensed premises. The consent authority must not refuse consent to development related to licensed premises on grounds tied to the playing or performance of music or related features, except where noise cannot be managed to an acceptable level (cl 5.20(1)-(2)).
Those duties and rights are implemented through development applications, conditions on consents, agency consultations (e.g. Heritage Council, Commonwealth airport body), and continued interplay with other regimes such as the Building Code, BASIX, and requirements under other Acts referenced in the Plan. The Plan repeatedly notes that exempt development under this Plan does not remove the need for other statutory approvals (Schedule 2 note).
Penalties and enforcement
The Plan itself sets permissions, prohibitions and procedural obligations but does not contain a discrete schedule of fines or criminal penalties. The text of the Plan is framed as a planning instrument to be applied under the Environmental Planning and Assessment Act and other Acts it references. Practical enforcement and penalties therefore operate outside the text of this instrument in the following ways, as the Plan records or implies.
Consent as gate; non-permitted development face regulatory consequences. The Plan defines development that is prohibited or that requires development consent (for example cl 2.3, cl 2.6, cl 2.7). Where development occurs without the necessary consent the enforcement provisions and penalty regimes in the Environmental Planning and Assessment Act and associated regulations will apply; the Plan does not itself restate those statutory enforcement provisions. The Plan repeatedly refers to the Act and other Acts that contain the enforcement powers and penalties (for example cl 1.6 and numerous cross-references).
Conditions, notices and agency powers embedded by statutory cross-reference. Clauses impose duties to notify and consult statutory agencies (for example cl 6.3 requires consultation with the relevant Commonwealth body; cl 5.10 requires notification to the Heritage Council for certain archaeological sites). Failure to comply with statutory notification requirements may affect the validity of a consent, but penalties and enforcement are matters for the Act and the other relevant statutes, not the Plan text itself.
Suspended private instruments and protected interests. Clause 1.9A suspends private covenants to the extent necessary for Plan-consistent development, but preserves particular Crown and other public authority interests (cl 1.9A(2)-(3)). The Plan does not create enforcement rules against private covenant holders; rather the suspension operates as a statutory override subject to exceptions and prior Governor approval.
Administrative classification changes subject to separate statutory approvals. The Plan classifies and reclassifies public land under cl 5.2 and Schedule 4, and the notes indicate that Governor approval is required for certain discharges of trusts (cl 5.2(5) note). Enforcement and legal consequences of those classification changes are governed by the Local Government Act and other relevant laws, not by penalty clauses in this Plan.
No fines or offences enumerated in the Plan. The instrument contains no freestanding enforcement provisions such as monetary penalties, infringement notice regimes or specific offences; instead it sets the development regime to be administered under the Act and related instruments. The practical upshot is that the Plan creates rights and procedural pre-conditions that, if not complied with, will trigger the enforcement and sanction mechanisms provided elsewhere in the statutory framework referred to in the Plan.
If a practitioner needs to advise on sanctions, they must look to the Environmental Planning and Assessment Act, the Local Government Act and any other applicable Acts and regulations for the available enforcement mechanisms, remedies and penalties. The Plan itself prescribes the behavioural rules and the consent gate; it does not catalogue the secondary enforcement measures that apply where those rules are breached.
How it interacts with other laws
The Plan is heavily cross-referenced and operates within a statutory architecture of State and Commonwealth legislation. The Plan explicitly engages with other instruments and regimes as follows.
Environmental Planning and Assessment Act: The Plan is prepared under, and is to be applied subject to, the Environmental Planning and Assessment Act. It repeatedly defers to the Act for definitions, processes and the role of the consent authority (cl 1.2 refers to s 3.20 of the Act; cl 1.6 identifies the consent authority "subject to the Act"). Many procedural requirements (development application process, notices, appeals and enforcement) are therefore governed by the Act and its regulations rather than by the Plan text itself.
State environmental planning policies (SEPPs): Clause 1.9(1) states that the Plan is subject to any SEPP that prevails over it under s 3.28 of the Act. This means particular State policies can override local provisions where inconsistent. Clause 1.9(2) also records that certain SEPP provisions are disapplied for the land, though the specific disapplied policies are not enumerated in the extract provided. The Plan also makes specific operational links to State SEPPs for exempt and complying development (Schedule 2 note referencing State Environmental Planning Policy (Exempt and Complying Development Codes) 2008).
Local Government Act 1993: The Plan uses the Local Government Act framework to classify or reclassify public land as operational or community land (cl 5.2). The Plan notes that reclassification and discharge of trusts require Governor approval under s 30(2) of the Local Government Act (cl 5.2(5) note). Schedule 4 records specific local lands and the way their interests are affected.
Heritage Act 1977 and Heritage Council: The Plan incorporates the Heritage Act’s State Heritage Register and interim heritage orders as factors excluding exempt development (cl 3.1(3)(d)). Clause 5.10 requires notification to the Heritage Council before granting consent for development on archaeological sites and for demolition of nominated State heritage items (cl 5.10(7), (9)).
Crown land and Crown acts: Clause 1.9A excludes certain Crown-related instruments from the covenant-suspension rule and references the Crown Land Management Act 2016 (cl 1.9A(2)(b)). The Plan also states the Minister administering the National Parks and Wildlife Act is the relevant authority for land marked "National Park" on the Land Reservation Acquisition Map (cl 5.1(2)). Clause 5.12 states that the Plan does not alter development that a public authority may carry out under State SEPP (Transport and Infrastructure) Chapter 2 (cl 5.12(1)-(2)).
Fisheries, Biodiversity and Marine estate laws: Clause 3.3 and Schedule 6 reference biodiversity, fisheries and marine parks in defining environmentally sensitive areas and conservation exclusion zones for aquaculture (cl 3.3; Schedule 6 Division 1 and Part 2). Clause 5.19 references aquaculture industry development plans made under the Fisheries Management Act 1994 and the NSW Oyster Industry Sustainable Aquaculture Strategy.
Rural Fires Act 1997: Bush fire hazard reduction works authorised by the Rural Fires Act may be carried out without development consent (cl 5.11). The Plan also requires consideration of bush fire prone land for farm-stay and farm-gate development (cll 5.24-5.25 refer to bush fire prone land).
Land Acquisition (Just Terms Compensation) Act 1991: Clause 5.1 identifies the State authorities that will be the "relevant acquisition authority" for owner-initiated acquisitions under the Land Acquisition Act and notes the operation of s 23 where a landholder may suffer hardship if there is any delay (cl 5.1(1)-(3)).
Building Code of Australia and BASIX: Exempt and complying development rules operate in conjunction with the Building Code of Australia (cll 3.1(3)(a)-(b); 3.2(3)(b)). Clause 4.6(8)(b) excludes from the operation of the exceptions clause any development standard that arises from BASIX commitments.
Aviation and Commonwealth law: Airspace and airport-related controls reference Commonwealth decision-making. Clause 6.3 requires consultation with the relevant Commonwealth body that is responsible for Narrabri Airport and indicates the consent authority must take that body’s conditions into account where practicable (cl 6.3(2)-(4)). Clause 6.4 requires use of Australian Standard AS 2021-2000 for aircraft noise considerations (cl 6.4(3)(b)-(c)).
Strata and community title legislation: Clauses 4.1, 4.1AA and 4.1A treat subdivisions involving strata or community title under the Strata Schemes Development Act 2015 and Community Land Development Act 2021 as exceptions to minimum lot size rules in specified circumstances, reflecting the interaction with those separate land-titling regimes.
Other sector-specific legislation: The Plan makes multiple references to relevant Acts for particular sectors: Forestry Act 2012 (cl 2.1 footnote and permitted uses in Zone RU3), Local Land Services Act 2013, National Parks and Wildlife Act 1974, Biodiversity Conservation Act 2016, Fisheries Management Act 1994, Marine Estate Management Act 2014, Native Vegetation Act 2003 (repealed instruments referenced), Threatened Species Conservation Act 1995 (repealed instrument referenced), and the Rural Fires Act 1997.
The Plan therefore functions as a local layer in a multi-layered legal system. It sets the local land-use parameters and prescribes consultation and cross-referencing steps in a number of circumstances; operationally, many consent decisions under the Plan will require concurrent consideration of, and compliance with, other statutes, SEPPs and State and Commonwealth agency requirements cited in the Plan.
Amendment history
The text of the Plan includes a number of amendment annotations. The Plan has been amended repeatedly since its original making; the instrument records the principal amending instruments and where they apply. The Plan contains inline amendment notes adjacent to the clauses they affect. The following is a source-grounded list of amendment references that appear in the text provided (the list follows the annotations literally; no external amendment history is assumed beyond what is shown).
Clause 1.8A: Am 2019 (621), Sch 5[1] (savings provision relating to development applications).
Clause 1.9A: Am 2019 (621), Sch 5[2]-[4] (suspension of covenants, agreements and instruments).
Clause 2.1 (Land use zones): Am 2021 (533), Sch 1[1]; 2022 (832), Sch 1.18[1]; 2025 (170), Sch 1[1].
Schedule 3: (Note indicates Part 1 blank at original making.)
Schedule 4: Am 2019 (238), cl 4 (1) (2).
Schedule 6 (Pond/tank aquaculture): (No separate amendment annotation other than its insertion as part of the Plan; cl 5.19 cross-references Schedule 6.)
These annotations are the Plan’s own recorded amendment notes. They indicate an active amendment practice across years 2014-2025 in the text shown. Practitioners should consult the consolidated instrument on the NSW legislation website or the Planning Portal to obtain the authoritative historical and current consolidated text, and to trace the amending instruments by Gazette citation if precise amendment instruments and their operative provisions are required. The Plan itself instructs that named maps and other subsidiary material may be amended and that maps as amended are to be treated as the operative maps (cl 1.7(1)(b)).
Litigation history
The Plan text provided does not record any cases or litigation. It contains no schedule or appendix summarising judicial decisions, and it does not cite precedent. The instrument names no judicial interpretations and the Schedules and clauses make no reference to litigation outcomes.
Accordingly, based on the Plan itself, there is no litigation history recorded in this instrument. If a practitioner needs litigation context , for example disputes about the application of cl 4.6 (exceptions to development standards), heritage provisions in cl 5.10, or the operation of cl 1.9A (suspension of covenants) , the source for relevant judicial decisions will be case law under the Environmental Planning and Assessment Act and related statutes, which is outside the Plan text and must be obtained from case law databases and the consolidated legislative materials.
Gotchas
The Plan contains several provisions that commonly generate practical traps for applicants, landowners and advisers. The following cautions are drawn directly from the Plan clauses and notes.
Savings for pre‑commencement DAs: Clause 1.8A mandates that development applications made before the Plan’s commencement and not finally determined are to be decided as if the Plan had not commenced. That can produce unexpected outcomes where a DA was lodged in reliance on an earlier LEP. The note to cl 1.8A highlights that Division 3.5 of the Act allows certain concurrent exhibition of a draft instrument and DA, but the primary effect is that existing unresolved DAs are not re-assessed under the new Plan. Practitioners must check lodgement and determination dates against the Plan commencement to know which instrument applies.
Suspension of private covenants has carve-outs: Clause 1.9A suspends agreements and covenants to the extent necessary to enable Plan-authorised development, but it expressly does not apply to covenants imposed by the Council, certain Crown-related instruments, conservation agreements, biobanking, property vegetation plans and planning agreements (cl 1.9A(2)(a)-(g)). It also does not affect public authority rights under registered instruments (cl 1.9A(3)). The Governor approved these subclauses prior to their making (cl 1.9A(4)). Do not assume a blanket automatic removal of private restrictions.
Additional permitted uses can override Land Use Table: Clause 2.5 gives Schedule 1 the effect of permitting development on particular land even if the Land Use Table or other provision would prevent it. This means site-specific permissibility on a parcel in Schedule 1 can differ from zone-wide permissibilities. Check Schedule 1 before relying on zone-wide rules.
Exempt development still requires other approvals and excludes State heritage items: Schedule 2 exempts certain low-impact works, but cl 3.1(3)(d) excludes any development on land with an item listed on the State Heritage Register or subject to an interim heritage order. The Schedule 2 note also makes clear that exempt development is not exempt from approvals required under other Acts. Do not treat an exempt determination as comprehensive clearance from all statutory obligations.
Environmentally sensitive area exclusion for exempt/complying development: Clause 3.3 prohibits exempt or complying development in designated environmentally sensitive areas. The list in cl 3.3(2) is wide: coastal waters, Ramsar wetlands, World Heritage areas, land mapped as high Aboriginal cultural significance or high biodiversity significance, land reserved under National Parks and Wildlife Act, Crown lands dedicated for preservation and other declared areas. A project that otherwise looks like exempt or complying development may be ineligible because of these overlays.
Exceptions to development standards require written justification and record keeping: Clause 4.6 allows consent authorities to approve contraventions of development standards only where the applicant demonstrates compliance is unreasonable or unnecessary and there are sufficient environmental planning grounds. The consent authority must keep a record of its assessment (cl 4.6(3)-(4)). For certain rural and conservation subdivisions cl 4.6(6) limits the capacity to use exceptions. Prepare the necessary documentation when seeking to rely on cl 4.6.
Lot-size and dwelling entitlements in rural zones: Clauses 4.1, 4.1AA, 4.2, 4.2A and 4.2B create numerous exceptions and constraints on subdividing rural land and on erecting dwellings. For example cl 4.2(3) allows smaller lots for primary production but prohibits the erection of a dwelling on such a lot (cl 4.2(5)). Clause 4.2B sets detailed historical and lot‑status tests for when a dwelling can be erected in rural and conservation zones. The definitions of "existing holding", "holding", and "relevant date" in cl 4.2B are technical and can affect eligibility. Verify lot genealogy and historical permissions carefully.
Heritage processes can add pre‑condition documents and notification periods: Clause 5.10 allows the consent authority to require a heritage management document or a conservation management plan and mandates notification to the Heritage Council and local Aboriginal communities with 28-day consideration windows in some circumstances (cl 5.10(5)-(9)). These procedural steps can delay determination and carry substantive conservation obligations (e.g. requirement to carry out conservation work as a condition).
Music protections for licensed premises are not absolute: Clause 5.20 prevents refusal of consent to licensed premises on various expressive grounds about music and performance, but cl 5.20(2) preserves refusal where noise cannot be managed to an acceptable level. That places emphasis on demonstrating effective noise management measures for licensed venues.
Airspace/airport conditions are binding: Clause 6.3 requires consultation with the relevant Commonwealth body where development penetrates an obstacle limitation surface. The Commonwealth body may object and, if it does, the consent authority must not grant consent (cl 6.3(5)). If the Commonwealth body imposes conditions, the consent authority must, as far as practicable, impose those conditions (cl 6.3(4)). Do not assume unilateral local approval where airport OLS may be affected.
Excluded or "Not adopted" standard clauses: The Plan explicitly records that height of buildings and floor space ratio (cll 4.3-4.5) are not adopted. Where a proponent expects these standards to operate, the Plan’s omission may mean no local numeric controls exist , but other statutory regimes (e.g. State controls or heritage overlays) may still apply.
Maps and dynamic amendments: Clause 1.7 allows named maps to be amended or replaced and requires public access to maps as approved by the Minister (cl 1.7(1)(b), (3)). The operative zoning and lot-size boundaries are map-dependent. Always check the current maps on the Planning Portal rather than relying on earlier printouts.
These are concrete operational pitfalls that arise from the Plan’s own text. Practitioners should verify map layers, historical DA lodgement and determination dates, the presence of heritage or environmentally sensitive overlays, the status of crowns and registered instruments, and whether Commonwealth airport bodies or State policies are engaged before advising clients.
How to comply
Compliance under this Plan requires a sequence of practical steps that align with the Plan’s procedural gates, map-based controls and sector-specific requirements. The following is an action checklist grounded in the Plan text.
Identify the exact parcel and applicable maps. Consult the Land Application Map, Land Zoning Map, Lot Size Map, Land Reservation Acquisition Map, Heritage Map, Active Street Frontages Map and Obstacle Limitation Surface Map referenced in cl 1.3, cl 1.7 and cl 2.2. The Plan treats those maps, as amended, as the operative spatial sources (cl 1.7(1)(b), (3)). Make sure you are using the latest maps published on the NSW Planning Portal.
Determine permissibility from the Land Use Table and Schedule 1. Use the Land Use Table (cl 2.3) to see whether the intended use is listed as permitted without consent, permitted with consent or prohibited in the relevant zone. Check Schedule 1 for any parcel-specific additional permitted uses that may modify zone rules (cl 2.5(1)-(2)).
Check exempt and complying development potential. Review Schedule 2 and Part 3 (cll 3.1-3.3) to see if the proposal qualifies as exempt or complying development and verify the Plan’s exclusion of environmentally sensitive areas for such development (cl 3.3). Confirm Building Code of Australia and BASIX compliance where relevant (cl 3.1(3)(a)-(b); cl 3.2(3)(b)). Remember exempt status does not relieve the need for other statutory approvals (Schedule 2 note).
If development consent is required, assemble the documentation the consent authority will expect. Provide a statement of environmental effects addressing matters the Plan requires: zone objectives (cl 2.3(2)), heritage impacts (cl 5.10(4)-(6)), intensive livestock environmental impacts where relevant (cl 5.18(3)(a)-(h)), flood planning compatibility and evacuation safety (cl 5.21(2)-(3)), airspace and noise considerations near the airport (cll 6.3-6.4) and essential services (cl 6.5). For any proposed contravention of a development standard, produce the written justification required by cl 4.6 and be prepared for the consent authority to keep a record of its assessment (cl 4.6(3)-(4)).
Heritage and Aboriginal consultation. If the site contains an item in Schedule 5, or is in a heritage conservation area, obtain a heritage management document or conservation management plan if the consent authority requires one (cl 5.10(5)-(6)). For archaeological sites and Aboriginal places of heritage significance follow the notification and consultation steps and allow for the 28-day consideration periods required by cl 5.10(7) and (8).
If operating near the airport or within OLS/ANEF contours, follow the airport-specific steps. If the proposed development will penetrate the obstacle limitation surface identified on the Obstacle Limitation Surface Map the consent authority must consult the relevant Commonwealth body and allow at least 28 days for comment (cl 6.3(2)). For development in ANEF contours of 20 or greater consult AS 2021-2000 and ensure indoor design sound levels and siting criteria are satisfied (cl 6.4(3)).
Aquaculture and intensive livestock: meet the Plan’s operational and locational minima. For pond-based or tank-based aquaculture consult cl 5.19 and Schedule 6 site location and operational requirements (for instance conservation exclusion zones and pond design/discharge rules). For intensive livestock agriculture confirm capacity thresholds and locational exclusions in cl 5.18(4)-(5) and address odour, water pollution, soil degradation and mitigation measures in the statement of environmental effects (cl 5.18(3)(a)-(h)).
Address lot-size and subdivision constraints. Where subdivision is proposed, check the Lot Size Map and the exceptions in Part 4 (cll 4.1-4.2B, 4.1AA-4.1C). If the proposal relies on a boundary adjustment, strata or community title exception, confirm the specific clause conditions and whether the resulting lots meet the plan’s tests (cll 4.1B-4.1C; 4.1AA; 4.1A).
Ensure essential services. Before lodging a DA, confirm availability or arrangements for essential services listed in cl 6.5 (water, electricity, sewage, stormwater, vehicular access). The consent authority must be satisfied on these matters before granting consent.
Signage, secondary dwellings and other limited-size uses. For signage, check Schedule 2 sign-type limits, positioning and heritage constraints (sch 2 signage sections). Secondary dwellings have floor area caps and distance limits (cl 5.4(9); cl 5.5). Home businesses and industries have 100m2 limits where those uses are permitted (cl 5.4(2)-(3)). Industrial retail and artisan food retail floor area limits are at cl 5.4(4), (10).
Consider temporary uses and event timing. If the intended use is temporary remember cl 2.8 limits temporary use to 28 days in any 12-month period unless the use is a sales office for a new release area (cl 2.8(2)-(4)), and the consent authority must be satisfied about restoration and amenity impacts (cl 2.8(3)).
Prepare for consultation timeframes and conditions from other agencies. Expect the consent authority to require conditions reflecting Commonwealth or State agency constraints, for example the relevant Commonwealth body’s stated conditions regarding obstacle limitation surfaces (cl 6.3(3)-(4)). Factor these timeframes into project programming.
Where covenants appear to restrict development, verify whether cl 1.9A applies. If a private covenant would otherwise prevent a Plan-authorised development, cl 1.9A may operate to suspend that covenant to the extent necessary, but check the exceptions listed in cl 1.9A(2) and the preservation of public authority rights in cl 1.9A(3). Do not assume automatic suspension in every case.
Record-keeping and procedural correctness. For any proposed contravention of a development standard (cl 4.6), or where the consent authority requires heritage documents (cl 5.10(5)-(6)), ensure the record and documentation are supplied and that the consent authority’s statutory obligations (such as notification periods) are accommodated in timing and content.
In practical workstreams, this means: (a) start with maps and Schedule checks; (b) confirm whether the proposal is exempt/compliant or needs full consent; (c) assemble environmental, heritage and service evidence; (d) prepare any cl 4.6 justification if a standard is to be contravened; (e) allow for consultation with Commonwealth and State agencies where specified; and (f) if uncertain about covenant suspensions, obtain legal advice and consider obtaining a formal determination from the Council or seeking clarification from the Department.
Record all maps and versions used for decision-making; the Plan treats maps and their updates as the essential spatial record (cl 1.7). For site-specific complex matters (airport OLS/ANEF, aquaculture in sensitive locations, heritage items, and contraventions under cl 4.6) anticipate additional specialist reports (acoustic, heritage, flood behaviour, agricultural viability studies) as part of a compliant DA.
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1 Notes
1 Notes
1.5 Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1 Consent authority
1 Consent authority
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1 Maps
1 Maps
1.7 Maps
(1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(1AA) (Repealed)
(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4) For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
1 Repeal of planning instruments applying to land
1 Repeal of planning instruments applying to land
1.8 Repeal of planning instruments applying to land
(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
Note.
The following local environmental plans are repealed under this provision—
Narrabri Local Environmental Plan 1992
Narrabri Local Environmental Plan No 2
Narrabri Local Environmental Plan No 5 (Township of Boggabri)
(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 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.
(4) Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a ne
This is an opening excerpt, not the complete document.