Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
What this plan does (mechanics first)
Establishes the land-use rules that apply across the Queanbeyan‑Palerang Regional local government area: zoning, what uses are permitted or prohibited, and what development needs council approval (development consent). (See cl 1.3; Part 2 and the Land Use Table.)
Fixes mapped development controls: lot sizes, building heights, floor space ratios and special local maps (for example Land Zoning Map, Lot Size Map, Height of Buildings Map, Floor Space Ratio Map, Heritage Map and a number of local clause maps). Those maps determine many of the plan’s practical effects. (See cl 1.7, cl 4.3, cl 4.4, cl 4.1 and multiple map references.)
Sets subdivision and housing rules: subdivision generally requires consent; minimum lot sizes and special rules for strata, community title and specific local areas; limits on where secondary dwellings and dual occupancies are allowed. (See cl 2.6, cl 4.1–4.1C, cl 4.1B.)
Identifies exempt and complying development (small, low‑impact works that do not need full development consent) and attaches standards and conditions in Schedules 2 and 3. (See Part 3 and Schedules 2–3.)
Prescribes environmental, heritage and hazard controls that must be considered before consent is granted: biodiversity, riparian buffers, drinking‑water catchments, flood risk and bushfire considerations, scenic protection, slopes and erosion, salinity. (See cl 7.2–7.7, cl 5.21, cl 5.11, cl 7.14.)
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Direct links to the current provisions in Queanbeyan-Palerang Regional Local Environmental Plan 2022.
Part 1 Preliminary
1.1 Name of Plan
This Plan is Queanbeyan-Palerang Regional Local Environmental Plan 2022.
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
RU5 Village
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
R5 Large Lot Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
Waterway Zones
W1 Natural Waterways
cl 2.1: Am 2022 (857), Sch 1.2[1].
Land Use Table
Note—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
State Environmental Planning Policy (Primary Production) 2021, Chapter 2
Land Use tbl: Am 2022 (727), Sch 4.6; 2022 (857), Sch 1.2[2]; 2023 (458), Sch 2.66[1]–[3]; 2025 (546), Sch 2.
Zone RU1 Primary Production
Zone RU2 Rural Landscape
Zone RU3 Forestry
Zone RU5 Village
Zone R1 General Residential
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone R4 High Density Residential
Zone R5 Large Lot Residential
Zone E1 Local Centre
Zone E2 Commercial Centre
Zone E3 Productivity Support
Zone E4 General Industrial
Zone MU1 Mixed Use
Zone SP1 Special Activities
Zone SP2 Infrastructure
Zone RE1 Public Recreation
Zone RE2 Private Recreation
Zone C1 National Parks and Nature Reserves
Zone C2 Environmental Conservation
Zone C3 Environmental Management
Zone C4 Environmental Living
Zone W1 Natural Waterways
3 Permitted with consent
Agritourism; Airstrips; Animal boarding or training establishments; Aquaculture; Backpackers’ accommodation; Bed and breakfast accommodation; Biosolids treatment facilities; Building identification signs; Business identification signs; Caravan parks; Cellar door premises; Cemeteries; Community facilities; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Function centres; Garden centres; Helipads; Home-based child care; Home industries; Hotel or motel accommodation; Industrial training facilities; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Neighbourhood shops; Open cut mining; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural workers’ dwellings; Secondary dwellings; Service stations; Sewage treatment plants; Truck depots; Veterinary hospitals; Water recycling facilities; Water supply systems
4 Prohibited
Any development not specified in item 2 or 3
Part 3 Exempt and complying development
Part 4 Principal development standards
Part 5 Miscellaneous provisions
5.1 Relevant acquisition authority
(1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note—
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
| Type of land shown on Map | Authority of the State | | Zone RE1 Public Recreation and marked “Local open space” | Council | | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act | | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW | | Zone 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.
Part 6 Urban release areas
6.1 Concurrence of Planning Secretary
(1) The objective of this clause is to ensure designated State public infrastructure is sufficient to address the impact of intensive subdivision of land in an urban release area.
(2) This clause applies to the subdivision of land in an urban release area if the subdivision would result in a lot that is smaller than the minimum lot size permitted on the land immediately before—
(a) for land shown as “Googong” on the Urban Release Area Map—24 December 2009, or
(b) for land shown as “South Jerrabomberra” on the Urban Release Area Map—29 March 2019, or
(c) otherwise—the land became, or became part of, an urban release area.
(3) Development consent must not be granted to the subdivision unless the consent authority has obtained the concurrence of the Planning Secretary.
(4) In deciding whether to grant concurrence, the Planning Secretary must consider the following—
(a) the impact of the subdivision on—
(i) existing designated State public infrastructure, and
(ii) the need for additional designated State public infrastructure,
(b) the cumulative impact of the subdivision with other development that has been, or is likely to be, carried out in surrounding areas on—
(i) existing designated State public infrastructure, and
(ii) the need for additional designated State public infrastructure,
(c) the steps taken to address those impacts, including whether a planning agreement has been, or will be, entered into to contribute to designated State public infrastructure.
(5) In deciding whether to grant concurrence, the Planning Secretary must also consult the public authorities that the Planning Secretary considers relevant to the development.
(6) This clause does not apply—
(a) if all or part of the land to be subdivided is in a region within the meaning of the Act, Division 7.1, Subdivision 4, or
(b) to the subdivision of a lot that is, in the Planning Secretary’s opinion, a residue lot, or
(c) to a lot created by a subdivision of land under a previous development consent granted in accordance with—
(i) this clause, or
(ii) Queanbeyan Local Environmental Plan 2012, clause 6.1, before its repeal, or
(iii) Queanbeyan Local Environmental Plan (South Jerrabomberra) 2012, clause 6.1, before its repeal, or
(d) to a lot proposed to be reserved or dedicated for public open space, public roads, public utility undertakings, educational establishments or other public purposes, or
(e) to subdivision that is only for the purposes of rectifying an encroachment on an existing lot.
(7) In this clause—
designated State public infrastructure means public facilities or services of the following kinds that are provided or financed by the State, or if provided or financed by the private sector, to the extent of the financial or in-kind contribution by the State—
(a) State and regional roads,
(b) bus interchanges and bus lanes,
(c) rail infrastructure and land,
(d) regional parks and public space,
(e) social infrastructure and facilities, including schools, hospitals, emergency services and justice facilities.
cl 6.1: Am 2023 (554), Sch 2.26.
Part 7 Additional local provisions
7.1 Earthworks
(1) The objectives of this clause are—
(a) to ensure earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items and features of the surrounding land, and
(b) to allow earthworks of a minor nature without requiring separate development consent.
(2) Development consent is required for earthworks unless—
(a) the work is exempt development under—
(i) this Plan, or
(ii) another applicable environmental planning instrument, or
(b) the work is ancillary to other development for which development consent has been granted.
(3) In deciding whether to grant development consent for earthworks, or for development involving ancillary earthworks, the consent authority must consider the following matters—
(a) the likely disruption of, or the 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 the fill material and the destination of the excavated material,
(f) the likelihood of disturbing relics,
(g) the proximity to, and potential for adverse impacts on, a waterway, drinking water catchment or environmentally sensitive area,
(h) appropriate measures to avoid, minimise or mitigate the impacts of the development.
Note—
The National Parks and Wildlife Act 1974, particularly section 86, deals with harming Aboriginal objects.
Schedule 1 Additional permitted uses
(Clause 2.5)
sch 1: Am 2022 (675), cl 4; 2022 (857), Sch 1.2[9]–[12]; 2024 (42), Sch 1.34[1]–[4]; 2024 (493), Sch 1[1]; 2024 (516), Sch 1[1] [2]; 2025 (690), Sch 1[2]–[4].
8 Use of certain land at Googong—Zone R1 General Residential
(1) This clause applies to land in Zone R1 General Residential at Googong, identified as “Item 3” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) advertising structures,
(b) business premises,
(c) food and drink premises,
(d) kiosks,
(e) markets,
(f) office premises,
(g) service stations,
(h) shops.
9 Use of certain land at Googong Common, Googong
(1) This clause applies to land at Googong known as “Googong Common”, identified as “Item 4” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) cellar door premises,
(b) depots,
(c) function centres,
(d) garden centres,
(e) horticulture,
(f) landscaping material supplies,
(g) plant nurseries,
(h) resource recovery facilities,
(i) viticulture,
(j) waste or resource transfer stations.
10 Use of land at 19 Mol Crescent, Googong
(1) This clause applies to Lot 2, DP 826105, 19 Mol Crescent, Googong.
(2) Development for the purposes of a single dwelling house is permitted with development consent.
11 Use of land at 1400 Old Cooma Road, Googong
(1) This clause applies to Lot 3, DP 1289562, 1400 Old Cooma Road, Googong.
(2) Development for the purposes of high technology industries is permitted with development consent.
12 Use of land at 229 Wickerslack Lane, Googong
(1) This clause applies to Lots 7, 32, 92, 102, 104, 111 and 112, DP 754875 and Lot 2, DP 375866, 229 Wickerslack Lane, Googong.
(2) Development for the purposes of farm buildings is permitted with development consent.
13 Use of land at 250 Lanyon Drive, Jerrabomberra
(1) This clause applies to Lots 7328–7332, DP 1153148 and Lot 1, DP 1111489, 250 Lanyon Drive, Jerrabomberra, being Crown Land reserved for a cemetery.
(2) Development for the purposes of kiosks is permitted with development consent.
14 Use of land at 59 Cooma Street, Queanbeyan
(1) This clause applies to Lot 2, DP 815688, 59 Cooma Street, Queanbeyan.
(2) Development for the purposes of business premises and office premises is permitted with development consent.
15 Use of land at 1 Bungendore Road, Queanbeyan East
(1) This clause applies to Lot 1, DP 835570, 1 Bungendore Road, Queanbeyan East.
(2) Development for the purposes of take away food and drink premises is permitted with development consent.
16 Use of land at 1 Buttle Street, Queanbeyan East
(1) This clause applies to Lots 1–6, SP 40615, 1 Buttle Street, Queanbeyan East.
(2) Development for the purposes of commercial premises is permitted with development consent.
17 Use of land at 53 Tharwa Road, Queanbeyan West
(1) This clause applies to Lot 441, DP 623510, 53 Tharwa Road, Queanbeyan West.
(2) Development for the purposes of hotel or motel accommodation is permitted with development consent.
18 Use of land at 1738 Old Cooma Road, Royalla
(1) This clause applies to Lots 1 and 2, DP 555380 and Lot 152, DP 754912, 1738 Old Cooma Road, Royalla.
(2) Development for the following purposes is permitted with development consent—
(a) dwelling houses, if no more than 2 dwelling houses are erected,
(b) farm buildings.
19 Use of land at 1865A Old Cooma Road, Royalla
(1) This clause applies to Lot 186, DP 754871, 1865A Old Cooma Road, Royalla.
(2) Development for the purposes of dwelling houses is permitted with development consent.
20 Use of land at 101 Alderson Place, Tralee
(1) This clause applies to the following land at 101 Alderson Place, Tralee—
(a) Lots 3, 5, 6, 8, 9, 11 and 12, DP 17224,
(b) Lots 9–11, DP 130626,
(c) Lot 100, DP 131036,
(d) Lot 171, DP 1200349,
(e) Lot 1, DP 1001136.
(2) Development for the following purposes is permitted with development consent—
(a) farm buildings,
(b) for Lot 1, DP 1001136—a single dual occupancy.
21 Use of land at 223A Alderson Place, Tralee
(1) This clause applies to the part of Lot 2, DP 1039904, 223A Alderson Place, Tralee, that is in Zone C2 Environmental Conservation.
(2) Development for the purposes of a single dwelling house is permitted with development consent.
22 Use of certain land at Queanbeyan
(1) This clause applies to certain land in Zone C2 Environmental Conservation, identified as “Item 9” on the Additional Permitted Uses Map.
(2) Development for the purposes of extensive agriculture is permitted with development consent.
23 Use of certain land adjoining the Goulburn to Bombala Railway Line
(1) This clause applies to land adjoining the Goulburn to Bombala Railway Line, identified as “Item 5” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) advertising structures,
(b) hotel or motel accommodation,
(c) office premises,
(d) pubs,
(e) service stations,
(f) small bars.
24 Use of certain land at Environa Drive, Jerrabomberra
(1) This clause applies to the following land in Jerrabomberra, identified as “Item 6” on the Additional Permitted Uses Map—
(a) part of Lot 1, DP 1281781, 100 Environa Drive,
(b) Lot 2, DP 1277158, 101 Environa Drive.
(2) Development for the purposes of a single educational establishment is permitted with development consent.
25 Use of certain land at 1187 and 1241 Old Cooma Road, Googong
(1) This clause applies to the following land at Googong—
(a) Lot 126, DP 754881, 1187 Old Cooma Road,
(b) Lot 2, DP 112382, 1241 Old Cooma Road.
(2) Development for the purposes of cemeteries is permitted with development consent.
26 Use of certain land in Zone E4
Development for the purposes of food and drink premises is permitted with development consent on land identified as “Item 7” on the Additional Permitted Uses Map.
27 Use of certain land in Zone E3
Development for the purposes of restaurants or cafes is permitted with development consent on land identified as “Item 8” on the Additional Permitted Uses Map.
Schedule 2 Exempt development
(Clause 3.1)
Note 1—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2—
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
sch 2: Am 2025 (690), Sch 1[5].
A-frame signs relating to properties
(1) Must not obstruct access to the premises or property or to adjacent premises or property.
(2) Maximum display area on each side—1m × 900mm.
(3) Must be stable.
(4) Must be temporary and must only be displayed during opening hours.
(5) Maximum 1 sign per premises or property.
(6) If it relates to the sale, auction or lease of a property—must only contain directions to the location of the property.
Bus shelter advertising
(1) Must not extend beyond the perimeter of the bus shelter.
(2) Maximum 1 advertising panel per bus shelter, but the panel may have an advertisement on each side.
(3) Must not be illuminated.
(4) Must be installed by or on behalf of a public authority.
Evaporative cooling units—roof mounted
(1) Must be for residential uses only.
(2) Must be located at least 3m from each side boundary.
(3) Must not be higher than 1.8m above the highest point of the roof of the building on which it is mounted.
(4) Must be constructed or installed so that the roof remains weather proofed.
(5) Must not involve work that reduces the structural integrity of the building.
(6) Must be designed to operate—
(a) during peak time—at a noise level at or less than 5dB(A) above the ambient background noise level measured at a property boundary, or
(b) during off peak time—at a noise level that is not audible in habitable rooms of adjoining residences.
(7) If located on bush fire prone land—
(a) must be constructed of non-combustible material, and
(b) be adequately sealed or protected to prevent the entry of embers.
(8) If constructed or installed in a heritage conservation area or a draft heritage conservation area—must be located in the rear yard and must not be visible from a public road.
(9) Must not be constructed or installed on or in a heritage item.
Farm dams in Zone RU1
(1) Must have a way of managing water overflow.
(2) Must be a minimum of 50m from the boundary of each property.
(3) Must not involve works within 40m of the bank of a named watercourse.
(4) Must not contain a spillway more than 1m in height.
Fixed freestanding information signs
(1) Must be installed on land in an urban release area.
(2) Must be installed by or on behalf of the Council.
(3) Must be installed on land owned or held by the Council.
Note—
Under the Roads Act 1993, section 138(1)(a), a person must not erect a structure or carry out a work in, on or over a public road otherwise than with the consent of the appropriate roads authority.
(4) Must not obstruct access to a premises or property or to adjacent premises or property.
(5) Maximum display area—1.5m high × 1.2m wide.
(6) Must be removed within 2 years of the day of installation, or a later date agreed to by the Council.
Property identification signs in rural and conservation zones
(1) Must be located wholly within the property boundary.
(2) Maximum display area—1.5m2 and 2m high.
(3) Must not cause interference with local traffic conditions or impede the line of sight for traffic.
(4) Must be erected adjacent to the property entrance.
(5) Maximum 1 sign per property.
Street art
(1) Must not be located on a heritage item or within a heritage conservation area.
(2) Must not protrude more than 30mm from a wall or other surface.
(3) Must not constitute signage.
(4) Must not contain material that—
(a) discriminates against or vilifies any person or group, or
(b) is offensive or sexually explicit.
(5) In this clause—
street art means art that is—
(a) painted, marked or otherwise affixed to the outside of a building, and
(b) visible from a public place, within the meaning of the Local Government Act 1993.
Note—
Street art may only be carried out subject to requirements to obtain the approval of a statutory authority or the owner of the building on which the street art is located. See also the Graffiti Control Act 2008, Part 2 for graffiti related offences.
Street banners and sails on or over roads
Must be installed by or on behalf of the Council or Transport for NSW.
Schedule 3 Complying development
(Clause 3.2)
Note—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
sch 4: Am 2024 (3), Sch 1; 2024 (516), Sch 1[3]; 2026 (78), Sch 1.
Schedule 5 Environmental heritage
(Clause 5.10)
sch 5: Am 2024 (493), Sch 1[2]; 2025 (135), Sch 1[4]; 2025 (195), Sch 1; 2025 (690), Sch 1[6]–[13].
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Division 1 Site location requirements
Division 2 Operational requirements
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1.1 Name of Plan
This Plan is Queanbeyan-Palerang Regional Local Environmental Plan 2022.
1.1AA Commencement
This Plan commences on 14 November 2022 and is required to be published on the NSW legislation website.
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in the Queanbeyan-Palerang Regional local government area 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 and improve the economic, environmental, social and cultural resources and prospects of the community,
(b) to facilitate the orderly and economic use and development of land having regard to ecological sustainability principles,
(c) to provide for a diversity of housing to meet the needs of the community into the future,
(d) to provide for a hierarchy of retail, commercial and industrial land uses that encourage economic and business development that caters for the retail, commercial and service needs of the community,
(e) to keep and protect important natural habitat and biodiversity,
(f) to protect water quality, aquifers and waterways,
(g) to keep, protect and encourage sustainable primary industry and associated commerce in rural areas,
(h) to identify and protect the cultural heritage of the area, including the built heritage and the Aboriginal heritage,
(i) to protect important scenic quality, views and vistas,
Provides heritage protection: lists heritage items, conservation areas and archaeological sites and requires consent for demolition or work that would affect those values; consent authorities may require heritage assessments or management plans. (See cl 5.10 and Schedule 5.)
Controls specific industries and land uses locally: aquaculture (detailed operational and site requirements in Schedule 6), intensive livestock thresholds, farm stay and farm gate uses, quarry, airport and defence buffers, and other local constraints and permissions. (See cl 5.19, cl 5.18, cl 5.24–5.25, cl 7.16–7.17.)
Sets urban release area rules (Googong, South Jerrabomberra): requires infrastructure availability, staged development control plans, Planning Secretary concurrence for certain intensive subdivisions and other special controls. (See Part 6, cl 6.1–6.4.)
Addresses public land: classifies or reclassifies specified parcels as operational or community land, and identifies the State authority for owner‑initiated acquisitions for mapped reserve uses. (See cl 5.1–5.2 and Schedule 4.)
Contains a clause that, in limited fashion, suspends private covenants, agreements or similar instruments that would prevent development authorised by this plan — but excludes a long list of statutory conservation and Crown instruments and does not affect public authority interests. (See cl 1.9A.)
Includes a specific rule preventing consent authorities from refusing licensed premises on the basis of the type or performance of music, provided noise can be managed to an acceptable level. (See cl 5.20.)
Who it affects
Why it matters (policy rationale stated, then tested against costs, incentives and trade‑offs)
Officially the Plan exists to make local environmental planning provisions for the local area and to achieve listed planning aims such as protecting biodiversity, heritage and scenic values, guiding housing diversity and ensuring infrastructure‑compatible urban growth (see cl 1.2). Those are the Plan’s stated objectives.
Mechanically, the Plan does three things that change economic and private choices:
It allocates rights and constraints by maps and zones. That converts open‑ended property rights into a menu of permitted uses, consented uses and prohibitions (Part 2 and Land Use Table). Who pays: landowners and developers bear compliance costs and any reductions in developable value. Who decides: Council, sometimes with State concurrence (cl 1.6; cl 6.1). Behaviour change: developers will locate and design projects to fit zone rules, and may avoid areas with restrictive maps.
It creates regulatory thresholds and prescriptive technical rules (minimum lot sizes, heights, FSR, environmental buffer distances, aquaculture and livestock thresholds). Those standards reduce uncertainty in planning outcomes but impose compliance costs and limit subdivision or densification options (cl 4.1, cl 4.3, cl 4.4, cl 5.19, cl 5.18). Trade‑offs: protect environmental and amenity values at the cost of constraining supply or raising transaction costs for infill or redevelopment.
It centralises decision discretion in the consent authority but also provides flexibility mechanisms (exceptions to standards, cl 4.6) and statutory overrides (suspension of some private covenants, cl 1.9A). That combination means the Council has significant gatekeeping power; developers can seek departures but must demonstrate environmental planning grounds (cl 4.6(3)). Costs and risks: administrative discretion and case‑by‑case assessments can create delay and uncertainty; however the exceptions clause allows for context‑sensitive outcomes.
Specific incentive and distributional notes grounded in the text:
Concentrated benefits and targeted permissions: Schedule 1 lists additional permitted uses applying only to particular lots (for example specific permissions at Googong, Bungendore, particular lots in Queanbeyan). Those create concentrated advantages to specific landowners and developers (Schedule 1). The mechanism is explicit location‑based permissions.
Diffuse costs: environmental and scenic protections (cl 7.2–7.4, cl 7.14) impose constraints that lower the development potential across many rural and conservation lands; those limits impose opportunity costs on many landholders but deliver public environmental goods.
Infrastructure and timing risk: urban release area clauses require staged delivery and adequate public utility infrastructure before development proceeds (cl 6.2–6.3) and, for more intensive subdivision, Planning Secretary concurrence (cl 6.1). That reduces fiscal and service‑capacity risk but adds a coordination step that can delay development and raises the transaction costs for developers.
Heritage and Aboriginal protections add procedural steps (heritage management documents, notification of Aboriginal communities, referral to Heritage Council) which increase assessment time and compliance cost for affected developments (cl 5.10(5)–(9)).
Regulatory substitution effects: the Plan’s prohibitions and permitted uses steer particular activities into particular zones (for example industrial uses steered toward E3/E4; retail limits in E3 to protect centre hierarchy), which shapes where investment locates and can raise land values in permitted areas while reducing them in restricted areas (see Land Use Table and zone objectives).
Legal risk and certainty: the Plan cross‑refers to many State policies, external guidelines and other Acts (eg SEPPs, BASIX, Fisheries and Biodiversity Acts). Effective compliance depends on those external instruments and technical maps being current and consistently applied (see cl 1.9 and cl 5.21). That increases complexity and implementation risk.
Practical points of attention for users
The maps are critical: outcomes turn on the various maps referenced throughout the Plan (see cl 1.7 and map references across the document). Small mapping differences materially change the permitted uses and standards.
If you are seeking an exception to a development standard, the Plan requires written grounds and a record of the consent authority’s assessment (cl 4.6(3)–(4)).
The Plan contains tailored local rules that can be highly location‑specific (Schedules 1, 4 and 5; cl 7.24–7.27). Check whether a parcel is the subject of any local clause or additional permitted use before assuming base‑zone rules apply.
The suspension of private covenants (cl 1.9A) can change the relevance of private instruments to development, but the clause explicitly preserves many statutory conservation instruments and public authority rights.
(j) to facilitate the orderly growth of urban release areas,
(k) to ensure development does not unreasonably increase the demand for public services or public facilities,
(l) to identify, protect and provide areas for community health and recreational activities,
(m) to ensure development reduces human influence on the climate and to consider the impacts of climate change.
cl 1.2: Am 2025 (690), Sch 1[1].
1.3 Land to which Plan applies
This Plan applies to the land identified on the Land Application Map.
1.4 Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5 Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7 Maps
(1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(1AA) (Repealed)
(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4) For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note—
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
1.8 Repeal of planning instruments applying to land
(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
Note—
The following local environmental plans are repealed under this provision—
Queanbeyan Local Environmental Plan 1991
Queanbeyan Local Environmental Plan 1998
Queanbeyan Local Environmental Plan 2012
Queanbeyan Local Environmental Plan (South Jerrabomberra) 2012
Queanbeyan Local Environmental Plan (West Jerrabomberra) 2013
Yarrowlumla Local Environmental Plan 2002
Palerang Local Environmental Plan 2014
(2) All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
1.8A Savings provision relating to development applications
(1) If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
Note—
However, under the Act, Division 3.5, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
(2) An amendment made to this plan by State Environmental Planning Policy Amendment (South Jerrabomberra Regional Jobs Precinct) 2025 does not apply to a development application made but not finally determined before the commencement of the amendment.
cl 1.8A: Am 2025 (135), Sch 1[1].
1.9 Application of SEPPs
(1) This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
(2) [Not applicable]
1.9A Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land in a zone to be carried out in accordance with this Plan or with a consent granted under the Act, an agreement, covenant or other similar instrument that restricts the carrying out of the development does not apply to the extent necessary to serve the 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 a biodiversity certification conferred under the Biodiversity Conservation Act 2016, Part 8, or
(c) to a private land conservation agreement within the meaning of the Biodiversity Conservation Act 2016, or
(d) to a relevant instrument within the meaning of the Crown Land Management Act 2016, section 13.4, or
(e) to the relevant provisions of a land management (native vegetation) code, and the necessary mandatory code compliant certificate, in relation to a set aside area under the Local Land Services Act 2013, Part 5A, or
(f) to a conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(g) to a property vegetation plan within the meaning of the Native Vegetation Act 2003 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or
(h) to a Trust agreement within the meaning of the Nature Conservation Trust Act 2001 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or
(i) to a planning agreement within the meaning of the Act, Division 7.1.
(3) This clause does not affect the rights or interests of a public authority under a registered instrument.
(4) Under the Act, section 3.16, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Ins 2022 (722), Sch 1.
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
RU5 Village
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
R5 Large Lot Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
Waterway Zones
W1 Natural Waterways
cl 2.1: Am 2022 (857), Sch 1.2[1].
2.2 Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3 Zone objectives and Land Use Table
(1) The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3) In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4) This clause is subject to the other provisions of this Plan.
Notes—
1
Schedule 1 sets out additional permitted uses for particular land.
2
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
3
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4
Clause 2.6 requires consent for subdivision of land.
5
Parts 5–7 contain other provisions which require consent for particular development.
2.4 Unzoned land
(1) Development may be carried out on unzoned land only with development consent.
(2) In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5 Additional permitted uses for particular land
(1) Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2) This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6 Subdivision—consent requirements
(1) Land to which this Plan applies may be subdivided, but only with development consent.
Notes—
(2) Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note—
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
1
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 pr
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