The Plan is driven by a small set of organising concepts that direct development outcomes on the mapped land. These concepts are embedded in the zoning, standards and procedural requirements.

• Conservation‑first zoning and land use prioritisation. The Plan uses three conservation‑oriented zones (C2, C3, C4) and a Land Use Table that restricts higher intensity and many commercial forms of development, listing permitted uses with consent (for example dwelling houses, environmental facilities, oyster aquaculture, recreation areas in appropriate zones) and a long prohibited list in each zone (see cl 2.1, cl 2.3 and the Land Use Table). The zone objectives emphasise protection, restoration and limits on development that could damage ecological, scenic or cultural values (see each zone’s Objectives).

• Mapped constraints and decision triggers. The Plan operates by reference to several maps that must be published and kept available (cl 1.3; cl 1.7). The Lot Size Map, Land Zoning Map, Heritage Map and Development Area Map are decision triggers: minimum lot size controls (cl 4.1), whether a development is permissible, and whether development is locatable at all (cl 6.5 requires development be on land identified as “Development Area”). The Plan therefore channels private investment to specific mapped locations and imposes bar/allow rules by map layer.

• Procedural limits on uses and rights. Development consent is required for subdivision (cl 2.6), demolition (cl 2.7) and many otherwise normal activities (earthworks cl 6.1, fire alarm conversions cl 5.8). Exempt and complying development are possible but constrained by Schedule 2 exemptions and Schedule 3 compliance items and by the exclusion of environmentally sensitive areas (cl 3.3). The Plan also preserves State policy primacy where a SEPP prevails (cl 1.9(1)).

• Heritage and environmental oversight. Clause 5.10 imposes layered obligations where heritage items, Aboriginal places, archaeological sites or heritage conservation areas are involved: consent requirements, potential requirements for heritage management documents and conservation management plans, and mandatory notification to the Heritage Council or local Aboriginal communities in certain circumstances (cl 5.10(2)-(9)). Environmental hazard management is mandated by flood planning (cl 5.21) and bush fire hazard reduction is permitted without consent under the Rural Fires Act (cl 5.11).

• Selected sectoral rules. The Plan contains sectoral rules with technical constraints that can materially affect operations, especially aquaculture: cl 5.19 and Schedule 6 set out site exclusion zones, species selection consistency with aquaculture industry development plans, pond design and discharge restrictions. There are also use‑specific limits such as bed and breakfast bedroom caps and home business floor area caps (cl 5.4).

• Protection for certain cultural activities. Clause 1.2(2)(aa) states the Plan aims to protect and promote land use for arts and cultural activity. Clause 5.20 then limits the grounds on which consent for licensed premises may be refused on account of musical performance and associated elements; the consent authority may not refuse on genres, live versus amplified, number of musicians, presence of dancing, stage orientation or décor, and may not refuse on noise if satisfied it can be managed to an acceptable level (cl 5.20(1)-(2)).

These concepts translate into incentives and constraints. Zoning and mapped land determine where higher value development can occur; standards for flood, heritage and earthworks increase the compliance cost of development proposals in sensitive locations; and sectoral rules create operating constraints for particular industries such as aquaculture and hospitality.

The Plan defines an identifiable and overlapping set of stakeholders and affected parties. The statutory text makes clear who decides and who bears costs.

• Landowners and prospective developers. Owners of the land identified on the Land Zoning Map and Lot Size Map are directly affected. Subdivision, demolition, erection of dwellings, earthworks, and particular uses listed in the Land Use Table require development consent unless expressly exempt or complying under Schedule 2 or Schedule 3 (cl 2.3; cl 3.1; cl 3.2; cl 4.1; cl 2.6-2.7). Landowners seeking to build must comply with minimum lot size limits (cl 4.1), locate development within Development Area mapped land (cl 6.5), and meet heritage, flood, bush fire, and aquaculture requirements where applicable (cl 5.10; cl 5.21; cl 5.11; cl 5.19 & Schedule 6). They fund assessments, heritage management documents and any mitigation required.

• Nearby property owners and neighbours. The Plan requires consideration of amenity, impacts on adjoining land and compatibility with neighbouring zoned land (cl 2.4; cl 4.1(1)(b); cl 6.1(3)(d)). Temporary uses are permitted only if they will not adversely impact adjoining land or neighbourhood amenity (cl 2.8(3)(b)). Neighbours therefore have potential notice, consultation and merits considerations in the consent process.

• Council (consent authority). The Council is the consent authority for the Plan (cl 1.6). It carries out assessments, imposes conditions, requires heritage or environmental management documents (cl 5.10(5)-(6)), and must be satisfied about infrastructure availability before granting consent (cl 6.2). Council also retains powers to classify or reclassify public land under Schedule 4 (cl 5.2) and may carry out certain infrastructure works without consent, subject to cost and building class exceptions (cl 6.3). Council will therefore incur administrative burdens in assessing applications and monitoring compliance.

• State agencies and authorities. The Plan expressly remains subject to SEPPs that prevail over it (cl 1.9(1)). The Plan designates relevant State acquisition authorities for owner‑initiated acquisition processes (cl 5.1). It also interacts with the Heritage Council and public authorities for notifications on archaeological and State heritage matters (cl 5.10(7)-(9)). For aquaculture, the Plan references aquaculture industry development plans and the NSW Oyster Industry Sustainable Aquaculture Strategy (cl 5.19).

• Indigenous communities and heritage bodies. Where Aboriginal objects or places are involved the consent authority must notify local Aboriginal communities and take their responses into account (cl 5.10(8)). For archaeological sites and State heritage nominated items the Heritage Council must be notified and its response considered (cl 5.10(7) and (9)). These procedural protections create decision points where Indigenous and heritage interests influence outcomes.

• Businesses in specific sectors. Hospitality and licensed premises derive a legal protection from refusal on the basis of music or performance characteristics (cl 5.20); however noise must still be manageable (cl 5.20(2)). Aquaculture businesses face specific site, species and design constraints under cl 5.19 and Schedule 6. Home businesses and home industries are limited by floor area caps (cl 5.4). Those sectoral provisions change the cost, siting and operational parameters for affected businesses.

• Public utility providers and emergency services. Clause 6.2 requires assurances that public utility infrastructure is available for a proposed development. Fire and alarm systems conversions require consent and are regulated in cl 5.8, which differentiates between monitoring by Fire and Rescue NSW and private providers. The Rural Fires Act interacts with the Plan in respect of bush fire hazard reduction (cl 5.11).

• Holders of private covenants, agreements and planning instruments. Clause 1.9A suspends private covenants or agreements to the extent necessary to allow development consistent with the Plan, with explicit exceptions (Council covenants, Crown Land instruments, conservation agreements, Trust agreements under the Nature Conservation Trust Act 2001, property vegetation plans, biobanking agreements and planning agreements under the Act) and saving the rights of public authorities under registered instruments (cl 1.9A(1)-(3)). That clause therefore alters the enforceability of some private restrictions while preserving certain institutional and statutory protections.

In sum, the Plan concentrates decision power with Council and imposes mapped and clause‑based constraints that raise compliance costs and alter where and how private parties may develop. Costs and burdens fall mainly on applicants and landowners, while benefits and constraints for sectors are concentrated: hospitality (music protections), aquaculture (site and design constraints), conservation outcomes (zoning and mapped limits).

The Plan imposes a structured set of duties on applicants and rights and obligations on the consent authority and other public bodies. The duties are primarily procedural and substantive assessment requirements.

• Duty to obtain development consent where required. Several activities require consent: subdivision (cl 2.6), demolition (cl 2.7), erection of dwellings in certain conservation zones except in defined circumstances (cl 4.2A), conversion of fire alarms (cl 5.8), earthworks except where exempt or ancillary (cl 6.1), and many uses listed in the Land Use Table as “permitted with consent” (cl 2.3 and Land Use Table). Exempt development is possible only where the Schedule 2 standards are met and other exclusions do not apply (cl 3.1).

• Procedural duties on applicants for heritage or environmental matters. Where a heritage item, Aboriginal place, archaeological site or heritage conservation area is affected, development consent is required unless the Council advises in writing that the proposal is of a minor nature or for maintenance (cl 5.10(2)-(3)). The consent authority may require a heritage management document and may require a heritage conservation management plan (cl 5.10(5)-(6)). For archaeological sites (other than State heritage register items), the consent authority must notify the Heritage Council and consider any response within 28 days (cl 5.10(7)). For Aboriginal places, the consent authority must investigate and notify local Aboriginal communities and consider any responses within 28 days (cl 5.10(8)).

• Flood‑related duties. The consent authority must not grant consent for development in the flood planning area unless satisfied the development is compatible with flood function and behaviour, will not worsen flood impact, provides for safe evacuation and manages risk to life, among other matters (cl 5.21(2)-(3)). The clause requires consideration of projected climate change impacts and references the Considering Flooding guideline and the Flood Risk Management Manual as definitional sources (cl 5.21(4)-(5)).

• Duty to consider zone objectives and neighbouring land. The consent authority must have regard to the objectives for development in the applicable zone when determining applications (cl 2.3(2)). For unzoned land the authority must consider impacts on adjoining zoned land and be satisfied development is compatible with permissible uses on adjoining land (cl 2.4).

• Duty regarding essential services. Development consent must not be granted unless the consent authority is satisfied that essential public utility infrastructure is available or arrangements are in place to provide it when required (cl 6.2(1)). Public utility infrastructure includes water, electricity, sewage disposal, access roads and fire trails (cl 6.2(2)).

• Rights and prohibitions. The Plan gives rights to certain developments where permitted in the Land Use Table, subject to consent and standards. Some activities are explicitly prohibited, for example canal estate development (cl 2.9) and categories listed as “prohibited” in the Land Use Table for each zone. Clause 1.9(1) recognises that some SEPPs prevail over this Plan.

• Limits on grounds for refusal. Clause 5.20 restricts consent authorities from refusing development for licensed premises on a list of grounds concerning music, performance, dancing, stage orientation and décor, and prohibits refusal on noise grounds if the authority is satisfied noise can be managed to an acceptable level (cl 5.20(1)-(2)). That imposes a constraint on the discretion of the consent authority and protects specified uses from aesthetic or cultural‑content based refusals.

• Suspension of private restrictions, subject to exceptions. Clause 1.9A allows covenants and similar instruments that restrict carrying out development under the Plan to be treated as not applying to the extent necessary to enable development under the Plan, but the clause excludes covenants imposed by Council, Crown Land instruments, certain conservation agreements, nature trust and vegetation plans, biobanking agreements and planning agreements (cl 1.9A(1)-(2)). The clause preserves public authority rights under registered instruments (cl 1.9A(3)).

• Duty to record assessments and limits on variations. Where the Plan allows consent despite contravention of a development standard (cl 4.6), the consent authority must be satisfied of specified planning grounds and must keep a record of its assessment (cl 4.6(3)-(4)). Clause 4.6 sets out limits and exclusions for when flexibility is permitted.

Operationally these duties create a regime where private applicants bear the cost and procedural burden of satisfying Council that site‑specific constraints have been met. The Council’s rights are mostly exercised through consent decisions and the imposition of conditions, and its duties include ensuring infrastructure, heritage and environmental protections are accounted for.

The Plan itself is an environmental planning instrument setting standards and consent obligations under the Environmental Planning and Assessment framework. The text contains no new criminal penalty schedule within the Plan; enforcement mechanisms arise through the Act and its regulatory regime and through the consent process.

• Compliance and consent enforcement comes via the Act. The Plan repeatedly frames development as permissible “with development consent”, “without development consent” or “prohibited” (for example cl 2.3 and the Land Use Table; cl 2.6; cl 2.7). Failure to obtain required consent typically renders development unauthorised under the Act and may expose a person to enforcement action under the Act, including orders to remedy or remove unauthorised works, and fines and penalties set out in the principal Act and regulations. The Plan does not alter the Act’s enforcement toolkit; it creates the substantive rules that trigger enforcement under the Act.

• Conditions, orders and remediation. The consent authority may impose conditions on development consents and require heritage conservation works or management plans as conditions (cl 5.10(10)). If conditions are breached, the Act authorises compliance notices, remediation orders and penalty notices under the Act and its regulations. The Plan’s specific obligations (for example on pond outlet screening in Schedule 6(5), design to avoid 1:100 ARI inundation in Schedule 6(8)) are compliance triggers.

• Public authority exceptions preserved. Clause 1.9A(3) expressly preserves rights and interests of public authorities under registered instruments; the Plan therefore cannot be used to circumvent enforcement powers vested in public bodies by registered instruments.

• No express monetary penalty schedule in the Plan. The local instrument does not create separate civil penalty provisions or fines; instead it relies on existing enforcement mechanisms under the Environmental Planning and Assessment Act and associated regulations. Practitioners should therefore look to the Act and the Environmental Planning and Assessment Regulation for the specific penalties and enforcement processes that apply to breaches of planning controls created by this Plan.

• Enforcement implications for specific activities. Some Plan provisions, by their nature, carry operational compliance consequences that landowners must manage to avoid enforcement exposure. Examples include: undertaking earthworks only with consent unless exempt or ancillary (cl 6.1), ensuring pond outlets are screened to avoid escape of cultured stock (Schedule 6(5)), and not carrying out exempt/compliant development in environmentally sensitive areas (cl 3.3). Failure to meet these local controls combined with Act provisions will enable enforcement.

For practitioners the immediate enforcement point is that the Plan creates conditions and prohibited activities that feed into the Act’s enforcement machinery; penalties and specific enforcement processes should be sourced from the Act and the Environmental Planning and Assessment Regulation rather than from the Plan text itself.

The Plan is expressly drafted to operate within and alongside a network of state statutes, policies and technical standards. The instrument integrates by reference and by exclusion.

• State environmental planning policies. Clause 1.9(1) provides that the Plan is subject to any State environmental planning policy that prevails over it under section 3.28 of the Environmental Planning and Assessment Act. The Plan also lists several SEPPs that may be relevant to development on the land, for example housing, transport and infrastructure, resources and energy, resilience and hazards, industry and employment, primary production (Land Use Table note). Where a SEPP conflicts with the Plan, the SEPP will prevail to the extent provided for by the Act.

• Building Code and BASIX. Exempt and complying development provisions require compliance with the Building Code of Australia (cl 3.1(3)(a) and cl 3.2(3)(b)). Clause 4.6 expressly excludes contraventions of standards that arise from BASIX commitments and other specified standards from the clause‑based flexibility.

• Heritage and Aboriginal cultural heritage legislation. The Plan refers to the Heritage Act 1977 for items on the State Heritage Register and interim heritage orders (cl 3.1(3)(d); cl 5.10(2)-(9)). For Aboriginal objects the Plan engages the National Parks and Wildlife Act 1974 and requires consultation with local Aboriginal communities (cl 5.10(8)). Those statutes and their processes interact with the Plan’s consent and notification rules.

• Crown land and native vegetation instruments. Clause 1.9A excludes “relevant instrument” as defined in s 13.4 of the Crown Land Management Act 2016 and property vegetation plans under the Native Vegetation Act 2003 from the suspension of covenants. That preserves Crown land instrument rights and other statutory vegetation protections from the Plan’s covenant suspension mechanism.

• Rural Fires Act and fire safety. Bush fire hazard reduction work under the Rural Fires Act 1997 may be carried out without development consent (cl 5.11). Fire alarm conversions are regulated under cl 5.8 and interact with Fire and Rescue NSW monitoring arrangements and private providers.

• Fisheries, aquaculture and marine estate law. The Plan’s aquaculture rules reference the Fisheries Management Act and Fisheries Management (Aquaculture) Regulation definitions and require consistency with aquaculture industry development plans and the NSW Oyster Industry Sustainable Aquaculture Strategy (cl 5.19). Schedule 6 sets out site exclusion zones and discharge constraints that will interact with fisheries licensing and marine estate management instruments.

• Local Government Act and public land classification. Clause 5.2 operates under the Local Government Act 1993 to enable Council to classify or reclassify public land as operational or community land; the Plan also establishes that specified public land will be reclassified in Schedule 4. Clause 5.1 nominates acquisition authorities under the Land Acquisition (Just Terms Compensation) Act 1991 for owner‑initiated acquisition scenarios.

• Environmental Planning and Assessment Regulation. The Plan refers to the Regulation’s requirements for documentation accompanying applications that seek to contravene development standards (cl 4.6 note) and for estimated development cost definitions (cl 6.3).

• Interaction with other approvals and licences. The Plan’s exemptions clause (cl 3.1) makes clear that development being “exempt” under the Plan does not exempt it from approvals, licences or permits required under other Acts (Schedule 2 Note 2). Practically this means applicants must check fisheries, water, environmental protection, Crown land and other licences even where local planning consent is not required.

In short, the Plan sets out local land‑use rules but does so with multiple cross‑references to State planning instruments, technical codes and other statutes. Compliance therefore requires coordinated navigation of the Plan and the intersecting statutory frameworks it references.

The Plan text includes embedded amendment annotations and repeal notations. Key documented changes recorded in the instrument are as follows, using the Plan’s own annotations:

• Original commencement. Plan commenced on 22 February 2014 and publication on the NSW legislation website was required (cl 1.1AA; cl 1.1).

• Repeals at commencement. Clause 1.8 repealed prior local instruments that applied to the same land including Interim Development Order No 1,Shire of Shoalhaven, Jervis Bay Regional Environmental Plan 1996 and Shoalhaven Local Environmental Plan 1985 (cl 1.8(2) and note).

• Clause 1.9A (suspension of covenants). Annotated as added or amended in 2019: “cl 1.9A: 2019 (621), Sch 5[2]-[4]” indicating amendment action in 2019 (cl 1.9A text itself and its annotation).

• Land Use Table amendment. The Land Use Table contains the annotation “Land Use tbl: Am 2019 (137), Sch 6 [1]”, indicating an amendment in 2019 to the Land Use Table.

• Clause 5.4 (controls for miscellaneous permissible uses). Clause 5.4 was amended in 2018, as indicated by “cl 5.4: Am 2018 (406), Sch 1.22 [1] [2]”.

• Clause 4.2A (erection of dwelling houses on certain conservation zones). This clause shows an amendment notation “cl 4.2A: Am 2024 (42), Sch 1.37[1]-[4]”, indicating a 2024 amendment that added or modified the clause dealing with dwelling erection in conservation zones.

• Clause 6.3 (council infrastructure development). The clause carries the annotation “cl 6.3: Am 2023 (523), Sch 1.11[1] [2]” showing a 2023 amendment modifying Council infrastructure development exceptions and thresholds.

• Clause 5.24 (farm stay accommodation). Notation “cl 5.24: Subst 2023 (458), Sch 1[2]” indicates substitution of the clause text in 2023.

• Clause 6.4 repeal. The instrument records “cl 6.4: Rep 2021 (175), Sch 2.13.” indicating clause 6.4 was repealed in 2021.

• Schedule 6 original notification. Schedule 6 carries the annotation “sch 6 (as originally notified): Rep 2014 (51), cl 1.8 (3).” This records repeal or replacement activity related to Schedule 6 as originally notified.

• Various “Not adopted” or “Not applicable” entries. The Plan includes template clauses that are “Not adopted” or “Not applicable” (for example cl 4.3 Height of buildings , Not adopted; cl 4.4 Floor space ratio , Not adopted). These are not amendments; they indicate that particular model clauses in the standard LEP template were not adopted for this LEP.

The Plan’s amendment annotations are the authoritative internal record for the instrument. For detailed amendment text and legislative history practitioners should consult the NSW legislation website entries cited in the Plan annotations referred to above, and the specific amending instruments referenced by year and schedule identifier.

The Plan text contains no references to decided cases, reported litigation or judicial determinations. It does not name any litigation or appeal decisions. The instrument therefore does not record litigation history within its text.

That absence means two immediate points for practitioners:

• There is no on‑face Plan‑specific judicial gloss recorded in the instrument. In disputes about interpretation, reliance will be placed on the Act, the Regulation, relevant SEPPs and general planning law authorities rather than on any cases cited in this Plan.

• Potential areas for future litigation can be identified from the Plan’s provisions as being ones where factual assessment and discretionary judgment will be important and therefore likely subjects of dispute: heritage impacts and the sufficiency of heritage management documents (cl 5.10); flood planning compatibility and the sufficiency of proposed evacuation and risk‑management measures (cl 5.21); the application of cl 4.6 where a development standard is contravened and the consent authority must be satisfied of the “unreasonable or unnecessary” ground and sufficient environmental planning grounds; the scope and effect of cl 1.9A suspending private covenants subject to its exceptions; and the boundary‑proximity flexibility under cl 5.3. The Plan itself does not record any judicial decisions on those points.

In the absence of case law cited in the instrument, practitioners should consult decisions under the Environmental Planning and Assessment Act, applicable SEPPs and relevant statutory appeals mechanisms for interpretive guidance.

Practitioners and applicants should note a set of practical traps and non‑obvious features in the Plan text that can affect timing, cost and viability.

• Development Area map requirement. Clause 6.5 makes development consent conditional on the development being located on land identified as “Development Area” on the Development Area Map. This is a kill‑switch if mapped land is not so identified: an otherwise permissible use may not be locatable if the map does not mark the parcel as Development Area. Check the Development Area Map early, early in project scoping.

• Suspension of covenants is limited. Clause 1.9A allows suspension of private covenants only to the extent necessary to enable development consistent with the Plan, but it explicitly excludes covenants imposed by the Council and several statutory instruments (cl 1.9A(2)). It also preserves public authority rights under registered instruments (cl 1.9A(3)). Do not assume private covenant clearance is automatic; confirm whether the covenant is one of the excluded categories.

• Heritage schedules blank but obligations remain. Schedule 5 and Schedule 1 are recorded as blank “when this Plan was made”. However cl 5.10 imposes duties where heritage items or Aboriginal places exist. The absence of listed items in Schedule 5 does not preclude the existence of heritage values or the need for assessment under cl 5.10, including notification duties to the Heritage Council or local Aboriginal communities where appropriate.

• Temporary use cap. Temporary use with consent is limited to 52 days in any 12‑month period except for a temporary sales office for a new release area (cl 2.8). Applicants seeking repeated or long short‑term events must structure proposals within that cap or seek a different form of consent.

• Music and licensed premises protection is qualified. Clause 5.20 prevents refusal of licensed premises based on music genre, live/amplified distinction or aesthetic aspects, but only where noise can be managed and minimised to an acceptable level (cl 5.20(2)). Noise management obligations thus remain a potential compliance focus and may require acoustic reports and operational measures.

• Canal estate prohibition has flood mitigation consequence. Clause 2.9 prohibits canal estate development; its definition includes use of fill to raise land to comply with flood planning area residential requirements. That means some flood mitigation approaches that involve raising lots to meet residential flood levels may fall within the definition and be prohibited if they create a canal estate scenario. Careful design and assessment against cl 5.21 flood requirements is essential.

• Required consents for seemingly minor works. Earthworks that touch drainage, soil stability, riparian vegetation or Aboriginal relics require consent under cl 6.1 and may trigger heritage obligations. Conversion of fire alarm monitoring requires consent in many cases (cl 5.8) and complying development is limited and time‑restricted. Do not assume internal or system changes are consent‑free.

• Minimum lot size and secondary dwelling subdivision rule. Clause 4.1 imposes minimum lot sizes via the Lot Size Map and cl 2.6(2) prohibits subdivision that would separate a secondary dwelling from the principal dwelling unless resulting lots meet minimum sizes. This interacts with the Dictionary definition of secondary dwelling and may have surprising consequences for subdivision strategies.

• Council infrastructure exemptions are capped. Clause 6.3 allows the Council to carry out development without consent in many cases but excludes the erection of class 1-9 buildings and works with estimated development cost over $1,000,000. Projects close to that cost threshold require consent and planning.

• Exempt development does not remove other statutory approvals. Schedule 2 Note 2 emphasises that exempt development under this Plan does not remove the need for licences, permits or approvals under other Acts. Applicants must check fisheries, water, Crown land and heritage approvals even for exempt works.

• Maps and amendments create uncertainty. Clause 1.7 contemplates maps being amended or replaced. Because many permissions and obligations are map‑linked, changes to the maps (and the timing of publication and access) can materially change rights to develop. Practitioners should check current online maps and any recent map amendments.

• Aquaculture technical constraints. Schedule 6 and cl 5.19 impose technical rules on species selection, pond design and discharges. For intensive pond or tank aquaculture, discharge to natural waterbodies is constrained (Schedule 6 Part 1(4)); outlets must be screened (Schedule 6(5)). Those requirements can materially increase capital and operational costs for aquaculture operators.

Overall, the key practical risks are map‑based exclusions, heritage and flood procedural triggers, narrowly framed exemptions, and clause‑based constraints that can convert a permitted use into an onerous consenting exercise.

This section is a practical compliance checklist derived from the Plan’s requirements. Use it as an operational roadmap for pre‑application due diligence and application assembly.

1. Early map checks and zoning analysis

   • Immediately consult the Land Zoning Map, Lot Size Map, Development Area Map and Heritage Map referenced in cl 1.3 and cl 1.7 to confirm the parcel’s zone, mapped minimum lot size, whether it is in a Development Area (cl 6.5), and whether any heritage overlays apply (cl 5.10). If the site is not within the Development Area, do not expect consent to be granted (cl 6.5).

2. Determine permissibility under the Land Use Table

   • Using cl 2.3 and the Land Use Table, identify whether the proposed use is permitted without consent, permitted with consent, or prohibited in the site’s zone. If “permitted with consent”, prepare to meet the specific clause tests (e.g. heritage, flood, earthworks).

3. Check exempt and complying pathways

   • Review Schedule 2 for any exempt development items that may apply and confirm compliance with the Building Code of Australia requirements and the Schedule 2 standards (cl 3.1). For complying development, check Schedule 3 and the SEPP (cl 3.2). Remember exempt status does not replace approvals under other Acts (Schedule 2 Note 2).

4. Heritage and Aboriginal cultural heritage obligations

   • If heritage items, conservation areas, archaeological sites or Aboriginal places are present or reasonably suspected, prepare a heritage impact statement or heritage management document per cl 5.10(4)-(6) and be prepared to submit a heritage conservation management plan where required (cl 5.10(6)). For archaeological sites and certain State heritage items follow the notification steps to the Heritage Council (cl 5.10(7), (9)). Notify and consult with local Aboriginal communities where an Aboriginal place of heritage significance is affected (cl 5.10(8)).

5. Flood and natural hazard compliance

   • If the site is in or potentially within the flood planning area, prepare flood risk assessments and demonstrate compatibility with flood function and behaviour, safe evacuation, and measures to manage risk to life in accordance with cl 5.21. Make reference to the Considering Flooding guideline and the Flood Risk Management Manual as required (cl 5.21(4)-(5)).

6. Earthworks and site stability

   • For any earthworks, address the cl 6.1 matters in supporting documentation: drainage patterns, soil stability, impact on future redevelopment, quality and source/destination of fill, proximity to waterways, likely disturbance of relics and mitigation measures.

7. Essential infrastructure availability

   • Demonstrate that public utility infrastructure is available or that arrangements exist to make it available when required, covering water, electricity, sewage, access roads and fire trails (cl 6.2).

8. Heritage conservation incentives and conditions

   • If conservation incentives are sought (cl 5.10(10)), submit a heritage management document showing conservation works and how the proposed development facilitates conservation. Be ready for conditions that require conservation work to be carried out.

9. Aquaculture and farm‑related rules

   • Aquaculture proposals must meet cl 5.19 and Schedule 6. Confirm species selection aligns with aquaculture industry development plans, ensure pond/tank design meets draining and screen requirements for escape prevention (Schedule 6(3)-(5)), and ensure freshwater discharge rules are satisfied (Schedule 6(4)).

10. Temporary uses, events and entertainment

    • For temporary uses, ensure they meet the 52‑day maximum annually and satisfy the amenity, environmental and restoration tests in cl 2.8. For licensed premises proposing music or performance, prepare noise management strategies and acoustic assessment to show noise can be managed to an acceptable level under cl 5.20(2).

11. Subdivision and secondary dwelling considerations

    • For subdivision, ensure proposed lot sizes meet the Lot Size Map minima (cl 4.1) and be wary of the rule preventing subdivision of land with a secondary dwelling resulting in separation of the principal and secondary dwellings unless minimum lot sizes are met (cl 2.6(2)).

12. Covenant and title checks

    • Check for private covenants and identify whether they are council‑imposed or fall within the exceptions listed in cl 1.9A. Where a covenant is not excluded, consider how cl 1.9A might operate and plan to show consistency with the Plan.

13. Prepare documentation for contraventions

    • If a proposal requires reliance on cl 4.6 to contravene a development standard, prepare a document addressing the “unreasonable or unnecessary” test and the environmental planning grounds and be prepared for the consent authority to keep an assessment record (cl 4.6(3)-(4)).

14. Engage early with the Council and statutory consultees

    • Given requirements for notifications to the Heritage Council and to local Aboriginal communities in certain cases, and the Council’s role as consent authority (cl 1.6 and cl 5.10), early engagement will identify additional studies or management plans likely to be required.

15. Plan for timing and costs

    • Budget for heritage assessments, flood and environmental studies, acoustic reports, engineering plans for earthworks and pond design, application fees and potential conditions requiring conservation works or infrastructure contributions. Where Council infrastructure is involved, remember that works above $1,000,000 or class 1-9 buildings require consent (cl 6.3).

16. Monitor map and policy changes

    • Because the Plan relies on maps and has been amended at various times (see amendment annotations), confirm current published maps and any recent amendments on the NSW Planning Portal before finalising proposals (cl 1.7).

This checklist converts the Plan’s clauses into concrete pre‑application steps. Practitioners should use it to scope consultancy inputs, timeframes and likely conditions and to evaluate project feasibility against mapped constraints and clause‑level requirements.