The Plan organises land use regulation around a small number of recurring legal instruments and concepts: zones and the Land Use Table, maps, development consent, exempt and complying development, development standards with limited exception pathways, and local overlay clauses for environmental, heritage, hazard and infrastructure matters.

• Zones and Land Use Table. The Plan lists standard zones (RU1, RU3, RU4, RU5, R2, R3, R5, E1, E4, MU1, SP1, SP2, RE1, RE2, C1) and ties those zones to a Land Use Table which prescribes objectives, permitted-without-consent uses, permitted-with-consent uses and prohibited uses for each zone (cl 2.1; cl 2.3). The consent authority must have regard to zone objectives when deciding applications (cl 2.3(2)).

• Maps as operative controls. A suite of maps is expressly adopted and given legal effect: Land Application Map, Land Zoning Map, Lot Size Map, Heritage Map, Terrestrial Biodiversity Map, Riparian Lands and Watercourses Map, Wetlands Map, Salinity Map, Landslide Risk Map, Groundwater Vulnerability Map, Airport Development Area Map, Additional Permitted Uses Map and others referenced throughout. The Plan treats named maps as the authoritative spatial record for zone and overlay application and requires those maps to be available to the public (cl 1.7; cl 2.2).

• Development consent and thresholds. The Plan prescribes multiple development categories. Some activities are permitted without development consent (subject to other statutory approvals and the Building Code of Australia, see cl 3.1(3)(a),(b)); others may be carried out only with development consent (eg subdivision cl 2.6, demolition cl 2.7). Exempt and complying development are governed by Part 3 with cross-reference to State SEPPs and Schedules 2 and 3 (cl 3.1-3.2).

• Development standards and exceptions. Principal standards such as minimum subdivision lot size (cl 4.1) are map-driven. The Plan provides limited flexibility through an exceptions clause (cl 4.6) that allows contravention of a development standard where an applicant demonstrates compliance would be unreasonable or unnecessary and there are sufficient environmental planning grounds, subject to particular prohibitions (cl 4.6(3)-(8)). Substantial restrictions on when the exceptions route can be used are specified for subdivisions in certain rural and conservation zones (cl 4.6(6)).

• Local overlays and subject-matter clauses. The Plan contains many local provisions that add substantive tests and mandatory considerations before consent may be given: heritage (cl 5.10), flood planning (cl 5.21), terrestrial biodiversity (cl 6.3), riparian lands (cl 6.5), groundwater vulnerability (cl 6.4), wetlands (cl 6.6), landslide risk (cl 6.8), intensive livestock agriculture (cl 5.18), aquaculture (cl 5.19 and Schedule 6), airport airspace and aircraft noise (cl 6.9-6.10), earthworks (cl 6.1), essential services (cl 6.11) and controls on specific uses (cl 5.4).

• Heritage and listed items. Schedule 5 lists heritage items and conservation areas; clause 5.10 makes many heritage-related acts subject to development consent and creates mandatory engagement steps, including potential requirements to notify the Heritage Council and local Aboriginal communities with 28-day response windows (cl 5.10(7)-(9)).

• Interaction with other instruments. The Plan is expressly subject to SEPPs that prevail under the Act (cl 1.9(1)), cross-references the Building Code of Australia for exempt/compliant development (cl 3.1(3)(a)), and references state and other Acts in local clauses (for example, national parks, Crown land and fisheries Acts in cl 1.9A and other provisions).

These concepts create a layered regulatory model: the zone establishes the primary allocative rule, maps give it spatial precision, schedules add site-specific permissions or constraints, local clauses set sectoral safeguards or thresholds for consent, and the exceptions mechanism allows limited departures where specific grounds are demonstrated.

This Plan affects the following actors and interests in concrete, rule-driven ways.

• Landowners and developers. All owners and prospective developers of land within the mapped Tumut area are directly affected. Whether a proposed use is allowed, whether consent is required, and the development standard that applies is determined by the zone and relevant maps (cl 2.2; cl 2.3; cl 4.1). Owners proposing subdivision face minimum lot size constraints (cl 4.1), and special rules apply to boundary adjustments (cl 4.2C), rural subdivisions (cl 4.2; cl 4.2A) and community title schemes (cl 4.1AA).

• The Council. The Council is the consent authority for the Plan, subject to the Act (cl 1.6). The Council decides development applications, records assessments (cl 4.6(4)), may require heritage management documents or conservation plans (cl 5.10(5)-(6)), and must be satisfied of technical matters for many development types (for example cl 5.19(2) for pond/tank aquaculture; cl 6.11 essential services).

• Applicants for development that may affect Commonwealth-managed aviation surfaces. Development that would penetrate the Tumut Airport Limitation or Operations Surface triggers consultation with the relevant Commonwealth body; the consent authority must not grant consent unless it has consulted and has either no objection or the Commonwealth body indicates no penetration or has no objection (cl 6.9(2)-(4)). This brings a Commonwealth decision-maker into local planning outcomes.

• Aboriginal communities and the Heritage Council. For development on archaeological sites or Aboriginal places of heritage significance the consent authority must notify local Aboriginal communities, consider responses within 28 days, and undertake adequate investigation (cl 5.10(7)-(8)). For demolition of nominated State heritage items the consent authority must notify the Heritage Council and consider any response received within 28 days (cl 5.10(9)).

• Utilities and service providers. Clause 6.11 makes the availability or adequate arrangements for essential services (water, electricity, sewage, stormwater, vehicular access) a precondition to granting development consent. This places an operational requirement on service providers and on applicants to secure infrastructure arrangements before consent.

• Operators of licensed premises and live-music venues. Clause 5.20 restricts a consent authority from refusing consent to development for licensed premises on specific grounds relating to music and performance, and it prohibits refusal on the grounds of noise from music where the consent authority is satisfied the noise can be managed to an acceptable level. That changes the decision factors for operators of licensed premises and for councils assessing applications.

• Owners and beneficiaries of private covenants, agreements and instruments. Clause 1.9A suspends private instruments that would restrict carrying out development in accordance with the Plan or a consent, to the extent necessary, but excludes covenants imposed by Council and certain conservation, Crown and planning agreements. The suspension can change the legal effect of private instruments where the Plan authorises conflicting development.

• The wider community and neighbours. The Plan’s zoning, exemptions, and local clauses shape patterns of land use and amenity. For example, limits on intensive livestock development that may be carried out without consent (cl 5.18(4)-(5)) and aquaculture provisions (cl 5.19; Schedule 6) both set thresholds and proximity criteria that are designed to protect neighbours and environmentally sensitive areas. Neighbouring residents and businesses therefore face effects on amenity and potential constraints on future nearby development.

• State agencies. The Plan explicitly preserves the supremacy of SEPPs where they prevail over the Plan (cl 1.9(1)) and identifies State authorities as the acquisition authority for certain reserved land (cl 5.1(2)). State agency roles also appear where the Plan cross-refers to agency approval schemes, industry plans and strategies (for example aquaculture industry development plans and the NSW Oyster Industry Sustainable Aquaculture Strategy in cl 5.19(5)).

Who pays. The Plan itself does not create fees in the text, but it places costs on applicants (for preparing environmental assessments, heritage reports, infrastructure arrangements, flood and geotechnical investigations, and possibly consultation responses). Council bears decision-making costs and compliance administration burdens. Where subdivision or development is conditioned, the developer will carry construction, remediation, conservation and infrastructure augmentation costs required as conditions of consent.

The Plan sets out duties for consent authorities, applicants and some third parties, and it creates rights in the sense of statutory permission or prohibition.

Duties of the consent authority (Council)

• Have regard to zone objectives when determining a development application (cl 2.3(2)).
• Consider specified mandatory matters for many local provisions before granting consent. Examples include:
  • Terrestrial biodiversity: must consider adverse impacts on flora and fauna, connectivity and mitigation measures and must not grant consent unless satisfied development avoids, minimises or mitigates significant adverse environmental impact (cl 6.3(3)-(4)).
  • Groundwater vulnerability: must consider contamination risk, impacts on groundwater-dependent ecosystems and cumulative impacts (cl 6.4(3)-(4)).
  • Riparian lands and watercourses: must consider effects on water quality, bank stability, habitats, fish passage and future rehabilitation, and must not grant consent unless satisfied of avoidance/minimisation/mitigation (cl 6.5(3)-(4)).
  • Flood planning: must be satisfied that development in a flood planning area is compatible with flood function and behaviour, will not adversely affect flood behaviour, provides measures for risk to life and so on (cl 5.21(2)-(3)).
  • Aquaculture: must be satisfied that the development complies with site location and operational requirements in Schedule 6 (cl 5.19(2)-(3)); oyster aquaculture triggers consideration of industry plans and the NSW Oyster Industry Sustainable Aquaculture Strategy (cl 5.19(5)).
  • Airspace operations: must consult the relevant Commonwealth body if proposed development penetrates the Limitation or Operations Surface for Tumut Airport and must not grant consent where the Commonwealth body objects (cl 6.9(2)-(4)).
  • Heritage: must consider effect on heritage significance and may require heritage documents or a conservation plan, and notify Heritage Council or Aboriginal communities where specified (cl 5.10(4)-(9)).
• Keep a record of any assessment under the exceptions-to-standards clause where an applicant seeks to contravene a development standard (cl 4.6(4)).

Duties of applicants

• For development seeking to contravene a development standard, provide a document setting out the grounds demonstrating the matters in cl 4.6(3) as required by the Regulation (cl 4.6(3) and note).
• For exempt or complying development, meet Building Code of Australia deemed-to-satisfy provisions and any other conditions in Schedule 2 or 3; ensure the development is not in an excluded environmentally sensitive area (cl 3.1(3)(a)-(d); cl 3.3).
• For heritage-affected development, supply heritage management documents or conservation plans where required and comply with notification procedures (cl 5.10(5)-(9)).
• For many resource-sensitive developments (intensive livestock, aquaculture), submit adequate statements of environmental effects or environmental impact statements that address the specified matters, including odour, pollution, waste management, site suitability and industry codes (cl 5.18(3); cl 5.19(2)).

Rights and permissions

• Rights to carry out specified development where it is permitted without consent in the Land Use Table and relevant Schedules, subject to statutory and Building Code compliance (cl 2.3; cl 3.1).
• Rights to apply for development consent where a use is permitted with consent; conversely, developers have no right to carry out prohibited development under the Land Use Table (cl 2.3(1)).
• For licence-holders at licensed premises, the Plan narrows grounds for refusal related to music, dance and related features (cl 5.20). The consent authority must not refuse on the enumerated grounds and must not refuse on noise grounds if satisfied the noise can be managed and minimised to an acceptable level (cl 5.20(1)-(2)).
• Rights for landholders to request acquisition under the owner-initiated acquisition provisions are recognised in identifying the relevant State authority that would acquire land reserved for public purposes (cl 5.1(1)-(2)).

Limitations and express exclusions

• The exceptions clause does not apply to development standards for complying development, BASIX commitments, clause 5.4 and clause 5.5 (cl 4.6(8)).
• Clause 1.9A suspending private covenants does not operate against covenants imposed by Council, specified Crown instruments, conservation agreements, biobanking agreements and planning agreements; it also does not affect rights or interests of any public authority under registered instruments (cl 1.9A(2)-(3)).

Record-keeping and process rights

• The consent authority must keep a record of its assessment when approving contraventions of standards (cl 4.6(4)).
• Heritage and Aboriginal consultation and notification processes create minimum timeframes for responses (28 days for heritage council/Aboriginal communities in cl 5.10(7)-(9)).

In broad terms, the Plan imposes procedural duties on consent authorities and substantive pre-conditions on applicants for many categories of development, while granting permission where mapped and tabled uses align with the Plan’s rules.

The Plan itself sets out permissions, prohibitions, consent triggers and process rules; it does not specify standalone criminal penalties or infringement notices within its text. Enforcement of the Plan’s prohibitions and requirements is therefore exercised through the environmental planning framework established by the Environmental Planning and Assessment Act and associated regulations and enforcement mechanisms administered under those instruments. The Plan repeatedly situates itself as subject to the Act and to State environmental planning policies (cl 1.6; cl 1.9(1)), indicating that the Act’s enforcement and compliance provisions are the relevant legal route for contraventions.

What the Plan does specify that has an enforcement dimension

• Prohibition by zoning: the Land Use Table declares particular land uses prohibited in specific zones (cl 2.3 and zone-specific tables). Carrying out a prohibited use would be inconsistent with the Plan and therefore outside the Plan’s permissions.
• Consent requirements: the Plan makes clear that certain activities must not be carried out except with development consent (for example subdivision cl 2.6; demolition cl 2.7; heritage works cl 5.10). Carrying out such works without consent exposes the proponent to the Act’s compliance and enforcement powers.
• Recordkeeping and explanation obligations: in cases where an applicant seeks to contravene a development standard, the consent authority must keep a record of the assessment (cl 4.6(4)) and the Regulation requires the applicant to submit a document addressing the grounds (cl 4.6(3) note). Failure to comply with statutory application requirements can lead to refusal or to procedural challenge under the Act.

Enforcement mechanisms are therefore those provided under the Act and related regulations. The Plan references other statutes and external approvals (for example, Building Code of Australia compliance for exempt development cl 3.1(3)(a), licences under fisheries and crown land Acts), and these other statutes contain their own enforcement regimes. The Plan does not itself elaborate penalties, fines or specific enforcement procedures; it creates normative permissions and prohibitions that are actionable under the Act and the relevant regulatory framework.

If compliance or enforcement queries arise in practice, users should consult the Environmental Planning and Assessment Act and the Environmental Planning and Assessment Regulation for precise offence provisions, penalties, authorisations for enforcement action, orders and appeal routes, because those instruments operationalise enforcement against non-compliant works that the Plan would forbid or condition.

The Plan is designed to sit within and interact with multiple State and Commonwealth laws and standards by explicit cross-reference. The text identifies the following interactions and dependencies.

Hierarchy with State environmental planning policies and the Act

• The Plan is subject to any SEPP that prevails under the Act (cl 1.9(1)). That means where a SEPP contains an inconsistent provision that is intended to prevail, the SEPP will displace the corresponding clause in this Plan as provided by the Act.
• The Plan repeatedly cross-references the Environmental Planning and Assessment Act for functions, consent authorities and other procedural matters (for example cl 1.2, cl 1.6, cl 1.8A). The Plan therefore relies on the Act for many procedural matters and for enforcement.

Building Code of Australia and BASIX

• Exempt and complying development must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia (cl 3.1(3)(a); cl 3.2(3)(b)). The Plan also restricts when development that would contravene a BASIX commitment can be approved under the exceptions provisions (cl 4.6(8)(b),(caa) reference).

Heritage, Crown land and national parks legislation

• The Plan gives effect to heritage controls with reference to the Heritage Act 1977. Heritage items and conservation areas listed in Schedule 5 attract consent requirements for demolition, alteration and excavation (cl 5.10). The Plan also requires notification to the Heritage Council for certain archaeological or State heritage matters (cl 5.10(7),(9)).
• Clause 1.9A excludes from its covenant-suspension operation relevant instruments within the meaning of section 13.4 of the Crown Land Management Act 2016 and conservation agreements under the National Parks and Wildlife Act 1974, and other specified instruments. That preserves the operation of certain Crown and conservation instruments over Plan-authorised development (cl 1.9A(2)(b)-(d)).
• The Plan also cross-refers to the National Parks and Wildlife Act and identifies C1 zones as land that is reserved under that Act (cl 2.1 notes; cl 5.12).

Fisheries, marine and aquaculture laws

• Aquaculture provisions (cl 5.19; Schedule 6) require compliance with aquaculture industry development plans under the Fisheries Management Act 1994 and reference the Fisheries Management (Aquaculture) Regulation 2017 in definitions. Marine Estate Management Act areas are excluded for pond/tank aquaculture in Schedule 6 (1(2)).

Local Government Act and land classification

• The Plan authorises classification and reclassification of public land as operational or community land consistent with the Local Government Act 1993 and records specific parcels in Schedule 4. This can have the effect of discharging trusts on public reserves subject to Governor’s approval where indicated (cl 5.2).

Land acquisition and just terms

• Clause 5.1 identifies relevant State acquisition authorities for owner-initiated acquisition under the Land Acquisition (Just Terms Compensation) Act 1991, signalling how Plan-reserved land interfaces with owner-initiated acquisition mechanisms under that Act.

Commonwealth aviation law

• Clause 6.9 requires the consent authority to consult the relevant Commonwealth body when a proposed development will penetrate the Tumut Airport Limitation or Operations Surface and to refuse consent if the Commonwealth body advises against construction. That creates a direct procedural interface with Commonwealth aviation approvals and the body responsible for obstacle limitation surfaces.

Other planning instruments and strategies

• The Plan requires consideration of State strategies and industry development plans where relevant (for example, the NSW Oyster Industry Sustainable Aquaculture Strategy is a specified consideration for oyster aquaculture, cl 5.19(5)). State SEPPs are explicitly listed as potentially relevant in the Land Use Table notes.

Regulatory exclusions and overlaps

• The Plan excludes certain areas from exempt/compliant development (cl 3.3) where other environmental protection statutes apply, such as coastal, marine park, Ramsar and declared biodiversity areas. The Plan’s environmental overlays therefore overlap with and require compliance with other Acts that regulate those spaces.

Practical effect

• An applicant will typically need to interface with multiple regimes: the Plan for zoning and consent triggers; the Act and its Regulations for application, appeal and compliance mechanics; Building Code and BASIX for construction standards; heritage and Aboriginal heritage legislation for protected items; marine and fisheries instruments for aquaculture and waterway works; and possibly Commonwealth aviation approvals where airport operations are affected. The Plan frequently directs decision-makers to take account of, or not to interfere with, the roles of those other statutes (for example cl 1.9A(3) preserves public authority rights under registered instruments).

Users of the Plan should therefore treat it as one node within a mesh of statutory instruments that together determine whether, how and where development may lawfully proceed.

The Plan’s text includes amendment and repeal annotations at the clause level. The instrument has been amended over time; these are the explicit amendments, insertions and repeals recorded in the text provided.

• 2013: Clause 3.3 amended (cl 3.3: Am 2013 (104), cl 4). The amendment added environmentally sensitive area exclusions to exempt and complying development (including the addition of the Airport Development Area item ja in 3.3(2)).
• 2014: Schedule 4 was amended (sch 4: Am 2014 (598), Sch 1 [1]-[4]) to update classification and reclassification of public land.
• 2016: Land Use Table amended (Land Use tbl: Am 2016 (168), Sch 1 [5]).
• 2017: Multiple amendments:
  • Clause 1.2 aims amended (cl 1.2: Am 2017 (5), Sch 1 [1]).
  • Clause 2.1 land use zones amended (cl 2.1: Am 2017 (5), Sch 1 [2]-[4]).
  • Schedule 1 added further permitted uses (sch 1: Am 2017 (5), Sch 1 [12]).
  • Clause 4.2B (Erection of dwelling houses or secondary dwellings in certain rural/residential zones) was inserted or amended (cl 4.2B: Am 2017 (5), Sch 1 [10]).
  • Clause 4.2C boundary adjustments inserted (cl 4.2C: Ins 2017 (5), Sch 1 [11]).
  • Schedule 5 heritage amendments (sch 5: Am 2017 (5), Sch 1 [13]-[15]).
• 2018: Clause 5.4 controls relating to miscellaneous permissible uses amended (cl 5.4: Am 2018 (406), Sch 1.134 [1] [2]).
• 2019: Clause 1.8A savings provision added with amendment (cl 1.8A: Am 2019 (621), Sch 5[1]). Clause 1.9A suspension of covenants inserted/updated (cl 1.9A: Am 2019 (621), Sch 5[2]-[4]). Land Use Table amended (Land Use tbl: Am 2019 (621), Sch 3).
• 2021: Clause 4.6 exceptions history includes a repeal and later amendments (cl 4.6 Am 2022 indicates changes). Clause 6.2 was repealed (cl 6.2: Rep 2021 (225), Sch 1). Clause 6.12 exceptions to minimum lot sizes for certain land was inserted (cl 6.12: Ins 2021 (368), Sch 1). Land Use Table amended (Land Use tbl: 2021 (247), cl 4). Schedule 6 and other parts affected by 2021 changes.
• 2022: Several amendments recorded in 2022:
  • Clause 2.1 and Land Use Table amended (cl 2.1: 2022 (829), Sch 1.18[1]; Land Use tbl: 2022 (314), Sch 1; 2022 (829), Sch 1.18[2]).
  • Clause 4.1AA minimum subdivision lot size for community title schemes inserted (cl 4.1AA: Am 2022 (829), Sch 1.18[3]).
  • Clause 4.6 exceptions amended (cl 4.6: Am 2022 (829), Sch 1.18[4]).
  • Clause 5.3 development near zone boundaries amended (cl 5.3: Am 2022 (829), Sch 1.18[4]).
  • Clause 6.12 was amended (cl 6.12: Am 2022 (829), Sch 1.18[5]).
• 2023: Clause 3.3 amended again in 2023 (cl 3.3: 2023 (609), Sch 1.23) , this is reflected in the clause note.

Other editorial and consequential amendments occur across the document as noted in clause and schedule marginal notes. The Plan therefore reflects an iterative updating process, adding site-specific controls, clarifying exceptions, expanding mapping overlays and aligning the local plan with state legislative changes (for example community land development legislation and aquaculture/fisheries references).

Users should check the consolidated instrument on the NSW legislation or Planning Portal for any later amendments beyond those annotated in the version provided here, because the clause notes show a history of staged changes and inserted local provisions.

The text of this Plan does not record any judicial decisions, declaratory proceedings or litigation history. No cases are named or summarised in the instrument. Any disputes over the application, validity or interpretation of the Plan would be litigated under the Environmental Planning and Assessment Act and the general law, and relevant reports would need to be identified from case law databases and court records.

Practitioners should note that a number of the Plan’s operative questions are the types commonly subject to judicial review or merits appeal in other LEP contexts, for example:

• whether a particular development is a prohibited use under the Land Use Table and therefore incapable of consent;
• the scope and exercise of the exceptions-to-development-standards provision (cl 4.6), particularly the statutory tests an applicant must meet and the consent authority record;
• challenged heritage and procedural refusals where a consent authority is alleged not to have properly considered heritage significance or to have failed to undertake required notifications under cl 5.10;
• conflicts between SEPPs and local provisions, where the SEPP may prevail.

Because the Plan cross-references the Act for process and enforcement, litigation that tests Plan clauses will be decided in the statutory framework set out by the Act. To identify actual litigation outcomes affecting interpretation of these specific Plan clauses, one must consult NSW planning and administrative law cases decided after the Plan’s amendments; none are cited in the instrument itself.

The Plan contains several specific structural features and local traps that practitioners, developers and local government officers should watch for when advising clients or preparing applications.

• Maps are the operative record. The Plan repeatedly refers to the Land Zoning Map, Lot Size Map and numerous overlay maps (cl 1.7; cl 2.2). Do not rely on textual descriptions alone. A proposal’s permissibility often turns on the map classification and any mapped overlays such as “Biodiversity”, “Wetland”, “Groundwater Vulnerability” or “Airport Development Area”.

• Savings for pre-commencement DAs. If a development application was lodged before this Plan commenced and had not been finally determined when the Plan commenced, the application must be determined as if the Plan had not commenced (cl 1.8A). That is a procedural quirk that can be decisive where a DA transits across a LEP change: older lodged applications will proceed under pre-Plan rules.

• Covenants suspension is limited, not absolute. Clause 1.9A suspends private agreements to the extent necessary to enable development in accordance with the Plan, but it excludes covenants imposed by the Council and several conservation, Crown and planning instruments (cl 1.9A(2)). Also clause 1.9A(3) preserves rights or interests of public authorities under registered instruments. It is therefore not a universal override of private encumbrances.

• Exempt and complying development exclusions. Exempt and complying development must not be carried out in environmentally sensitive areas identified in cl 3.3. The clause has been amended over time and now expressly includes airport development areas among exclusions (cl 3.3(2)(ja)). Always check whether the site is in an excluded overlay before assuming an exempt/compliant route.

• Canal estate prohibition. Clause 2.9 prohibits “canal estate development” as defined. The definition is functional and includes the use of fill to raise land to meet flood planning area requirements or excavation to create a waterway in combination with erection of a dwelling (cl 2.9(2)). Proposals involving fill or excavation that create waterways in flood-prone land therefore risk falling squarely into this prohibition.

• Secondary dwellings and rural dwellings gatekeeping. Clause 4.2B places tight constraints on erecting new dwelling houses or secondary dwellings in RU1 and R5 zones where none existed before: new dwellings are permitted only on lots that meet the Lot Size Map minimum, or fall within preserved categories (existing holding, pre-Plan created lots etc.) (cl 4.2B(3)). Clause 4.2B also allows replacement dwellings in some cases (cl 4.2B(4)). These rules are critical in rural subdivision and development strategies.

• Exceptions-to-standards is not a free pass. Clause 4.6 permits contravention of development standards only where an applicant demonstrates compliance is unreasonable or unnecessary and there are sufficient environmental planning grounds (cl 4.6(3)). The clause excludes contraventions of standards for complying development and certain other enumerated constraints, and it forbids use of the exception route for subdivisions creating multiple undersized rural lots or lots under 90% of the minimum area in specified zones (cl 4.6(6)-(8)). Decision-makers must keep a record of the assessment (cl 4.6(4)).

• Heritage processes have mandatory notice periods. For archaeology and Aboriginal heritage, the Plan requires the consent authority to notify the Heritage Council or local Aboriginal communities and to take any response into account within 28 days (cl 5.10(7)-(8)). Failure to follow these procedures can expose a consent to legal challenge.

• Licensed premises and live music. Clause 5.20 narrows the grounds on which consent can be refused for licensed premises in relation to music and performance features and restricts refusal on noise grounds where the consent authority is satisfied the noise may be managed to an acceptable level (cl 5.20(1)-(2)). For operators, this creates an evidential duty to show how noise will be managed; for councils it limits the factors on which refusal may be based.

• Airport and Commonwealth consultation is binding. For development that would penetrate the Tumut Airport Limitation or Operations Surface, the consent authority must consult the relevant Commonwealth body and must not grant consent if that body advises against construction (cl 6.9(2)-(4)). This yields a hard stop where the Commonwealth advises objection.

• Essential services precondition. Clause 6.11 makes availability or adequate arrangements for essential services a precondition for consent. Applicants must therefore secure service arrangements or demonstrate capacity before consent can be granted.

• Clause not adopted entries. Several clauses are expressly “Not adopted” or “Not applicable” (for example cl 4.3 height of buildings; cl 4.4 floor space ratio; cl 5.5 secondary dwellings on rural land; cl 5.7 development below mean high water mark). These blank entries mean that practitioners should not assume local controls exist for those matters within this Plan; instead, other instruments or the Act and Regulation govern those issues.

• Site-specific Schedule permissions. Schedule 1 contains discrete additional permitted uses with restrictive conditions, such as the Airport Development Area permitting ancillary commercial premises, or the Piano Research and Development cap of 1,000 square metres (Schedule 1(4)). Such site-specific allowances avoid generalisation and may be easy to miss if advice treats the Plan only at zone level.

• Multiple regulatory gates for aquaculture and intensive livestock. Aquaculture has detailed operational and siting tests in cl 5.19 and Schedule 6; intensive livestock agriculture has capacity thresholds for when consent is not required and locational buffers for exempt development (cl 5.18(4)-(5)). Developers in these sectors must check both the Plan and relevant fisheries or industry plans and often require specialised environmental information.

These are operational “gotchas” where a planner, developer or adviser that misses one of the map overlays, the savings clause, a 28-day notice requirement, or an excluded instrument may find proposals refused or contested.

This section sets out concrete steps and checks for practitioners preparing or advising on development in the Tumut LEP area. Each step references the Plan provision that gives rise to the requirement.

1. Confirm the applicable zoning and overlays on the authoritative maps

   • Consult the Land Zoning Map and Land Application Map to determine the zone that applies to the parcel (cl 2.2; cl 1.3).
   • Check the Lot Size Map for minimum subdivision lot sizes relevant to the site (cl 4.1; cl 4.1AA for community title schemes).
   • Check all overlay maps referenced in the Plan: Heritage Map, Terrestrial Biodiversity Map, Riparian Lands and Watercourses Map, Wetlands Map, Salinity Map, Landslide Risk Map, Groundwater Vulnerability Map, Airport Development Area Map and any other map referenced in Schedules or clauses (cl 1.7; various clauses).
   • If the site falls within an overlay, identify the specific clause(s) that impose additional tests (for example cl 6.3 for “Biodiversity”, cl 6.5 for “Riparian Lands and Watercourses”, cl 5.21 for flood planning).

2. Determine permissibility under the Land Use Table

   • Using the site’s zone, consult the Land Use Table in Pt 2 to see whether the proposed use is permitted without consent, permitted with consent or prohibited (cl 2.3).
   • If the use is prohibited in that zone, the Plan does not authorise the development. To pursue, consider an amendment to the LEP or other statutory pathways outside the Plan.
   • If the use is permitted with consent, prepare to meet the conditions and mandatory considerations set out in the Plan and the Act.

3. Check for any site-specific additional permitted uses or caps in Schedule 1

   • Some land parcels have additional permitted uses (Schedule 1). Confirm whether the site appears on the Additional Permitted Uses Map and whether the proposed use fits the schedule conditions (sch 1(1)-(4)).

4. Assess whether exempt or complying development applies

   • Review Schedule 2 and Schedule 3 in the context of State SEPPs for exempt and complying development (cl 3.1-3.2).
   • Confirm that the site is not in an environmentally sensitive area excluded by cl 3.3.
   • Ensure compliance with the Building Code of Australia and any relevant conditions set out in Schedule 3 (cl 3.1(3)(a); cl 3.2(4)).

5. Compile required technical and environmental information

   • For many local clauses, the consent authority must be satisfied of specific technical matters before consent is granted. Prepare technical reports as required:
     • Heritage assessment or heritage management document where heritage items or conservation areas apply (cl 5.10(5)-(6)).
     • Biodiversity assessment addressing condition, connectivity and impacts (cl 6.3(3)-(4)).
     • Groundwater contamination and groundwater-dependent ecosystems assessment (cl 6.4(3)-(4)).
     • Riparian/ watercourse impact assessment (cl 6.5(3)-(4)).
     • Wetland impact assessment (cl 6.6(3)-(4)).
     • Landslide/geotechnical assessment where the landslide overlay applies (cl 6.8(3)-(4)).
     • Flood risk assessment addressing compatibility with flood function, evacuation and climate change impacts for any site in the flood planning area (cl 5.21(2)-(3)).
     • For intensive livestock or aquaculture developments, prepare EIS or statement of environmental effects addressing odour, water pollution, waste and site suitability, and check proximity buffers for exempt thresholds (cl 5.18; cl 5.19; Schedule 6).
     • For developments that may affect Tumut Airport airspace, commission assessments about penetration of Obstacle Limitation Surfaces and plan for consultation with Commonwealth body (cl 6.9).

6. Confirm essential services

   • Demonstrate the availability of essential services or adequate arrangements for water supply, electricity, sewerage, stormwater management and vehicular access as required by cl 6.11. Provide letters or service agreements where necessary.

7. Heritage and Aboriginal consultation

   • Where a proposal affects a heritage item, an Aboriginal place or an archaeological site, follow cl 5.10 strictures: prepare heritage impact statements, heritage management documents or heritage conservation management plans if requested; notify and consult the Heritage Council and local Aboriginal communities where mandated and allow 28 days for responses (cl 5.10(4)-(9)).

8. Address BASIX and Building Code constraints

   • For exempt or complying proposals and for any residential works, ensure compliance with Building Code of Australia provisions (cl 3.1(3)(a)) and address any BASIX commitments that apply because exceptions under cl 4.6 cannot be used to contravene BASIX commitments (cl 4.6(8)(b),(caa)).

9. If seeking a variation from a development standard, prepare an exceptions submission

   • Where a proposed development would contravene a development standard, prepare the required document under the Regulation and evidence that compliance is unreasonable or unnecessary and that there are sufficient environmental planning grounds to justify the contravention (cl 4.6(3) and notes). Anticipate that the consent authority will record its assessment (cl 4.6(4)).

10. Plan for procedural steps and timeframes

    • Anticipate potential referral or notification requirements (Heritage Council, Aboriginal communities, the Commonwealth body for airport matters). These may add statutory review periods (for example 28 days under cl 5.10).
    • Where an application is lodged prior to the Plan’s commencement, verify whether cl 1.8A saves the earlier rules for determination.

11. Check for relevant exclusions and special prohibitions

    • Do not assume canal estate-style works are permitted; cl 2.9 prohibits canal estate development and contains a specific definitional test involving fill/excavation and dwellings.
    • For licensed premises, be ready to demonstrate how music/noise will be managed rather than relying on the consent authority to assess genre or stage direction (cl 5.20).

12. Draft conditions and conservation obligations into the application

    • Where the Plan allows conservation incentives (cl 5.10(10)), propose conservation works and management actions as part of the application to facilitate favourable assessment.
    • For Schedule 1 site-specific permissions (for example cellar door retail tied to local horticultural produce), include evidence of production sources and ancillary relationships to support the application.

13. Engage early with Council and relevant agencies

    • Pre-lodgement meetings with Council will help identify which maps and clauses apply, what reports will be required and whether referral to state agencies or the Commonwealth is expected (cl 6.9; cl 5.19 refers to State strategies and industry plans).

14. Secure and document infrastructure and service agreements

    • For subdivision and other infrastructure-dependent developments, obtain written agreements, capacity confirmations or financial arrangements to satisfy cl 6.11 essential services tests and to reduce the risk of a refusal on service adequacy grounds.

15. For potential covenant issues, check clause 1.9A carefully

    • If the proposal depends on overriding a private covenant, assess whether clause 1.9A applies and whether the covenant is one of the listed exclusions (Council-imposed covenants, conservation agreements, Crown-related instruments, planning agreements, etc.) (cl 1.9A(1)-(3)). Do not assume covenants will be suspended where they fall into the exclusions.

Following these steps and citing the Plan clauses in application material will make it easier for the consent authority to map the proposal to the Plan’s requirements and to identify and respond to any statutory referral, notification or service capacity issue.