This Plan organises a set of spatial, process and standard concepts that determine how land use change and development proceed in Upper Lachlan. Key concepts are zoning, the Land Use Table, maps, consent pathways, local development standards, exempt and complying development, spatial sensitivity overlays, and localised special provisions.

Zoning and Land Use Table: The Plan uses conventional LEP zoning categories, each with objectives and a Land Use Table that maps specified uses to three categories: permitted without consent, permitted with consent, and prohibited (cl 2.1, cl 2.3). The consent authority must have regard to the objectives for the zone in determining applications (cl 2.3(2)). The Land Use Table is comprehensive and identifies a long list of specific uses that may be either permitted or prohibited in each zone; for example RU1 provides for extensive agriculture without consent, while many urban and industrial uses are prohibited (Land Use Table).

Maps and schedules: The Plan’s operative geographic definitions are map-based. The Land Zoning Map, Lot Size Map, Heritage Map, Natural Resources Sensitivity maps, Sewage Treatment Plant and Rubbish Tip Buffer Map, Land Reservation Acquisition Map, and other maps are adopted by the local plan-making authority and are incorporated into the Plan’s operation (cl 1.7, cl 1.3). Schedules provide specific additional permitted uses (sch 1), exempt development types (sch 2), complying development (sch 3) and site-specific controls including heritage items (sch 5) and public land classification (sch 4).

Consent pathways and exemptions: The instrument distinguishes development that requires development consent, development permitted without consent under the Plan, exempt development (Schedule 2, cl 3.1), and complying development where a complying development certificate can be issued when standards are met (Schedule 3, cl 3.2). Exempt or complying development is excluded from environmentally sensitive areas as defined (cl 3.3).

Development standards and exceptions: The Plan sets principal standards such as minimum lot sizes for subdivisions under the Lot Size Map, but provides an exceptions-to-standards clause that allows consent authorities to approve development contravening standards when an applicant demonstrates compliance is unreasonable or unnecessary and there are sufficient environmental planning grounds (cl 4.6(2)-(3)). The clause is subject to recorded assessments and specific limits for subdivisions in certain zones (cl 4.6(4), (6)).

Local environmental protection themes: The Plan embeds local conservation and hazard objectives in multiple clauses. Biodiversity, land, water and earthworks provisions require the consent authority to consider impacts and to be satisfied that development will avoid, minimise or mitigate adverse effects for land designated as “sensitive” on the relevant Natural Resources Sensitivity maps (cl 6.2-6.5). Flood planning and special flood considerations set tests for flood compatibility, evacuation, impacts on flood behaviour, and specific treatment of sensitive and hazardous developments between flood planning area and probable maximum flood (cls 5.21, 5.22). Heritage conservation requires consent for works affecting heritage items or heritage conservation areas unless the consent authority advises otherwise following notification or the development is exempt, with obligations to consider heritage impact and to consult the Heritage Council for archaeological matters (cl 5.10).

Local economic and activity supports: There are provisions protecting licensed premises from refusal based on music and performance characteristics where noise can be managed, a specific support for creative industries in the E1 zone objectives, and rules facilitating aquaculture with site location and operational requirements in Schedule 6 (cl 5.20, E1 objectives, cl 5.19, sch 6).

Cross-instruments and higher-order law: The Plan does not operate in isolation. It is expressly subject to any State environmental planning policy that prevails (cl 1.9(1)), and it cross-references multiple Acts including the Heritage Act 1977, Biodiversity Conservation Act 2016, Fisheries Management Act 1994, Rural Fires Act 1997, Land Acquisition (Just Terms Compensation) Act 1991 and Local Government Act 1993 among others, so many development decisions require concurrent compliance with other statutory regimes (numerous clauses, e.g., cl 1.9A, cl 5.10, cl 5.11, cl 5.19, cl 5.1).

Decision-making and records: Decision-making is delegated largely to the Council as consent authority, which must keep records where it exercises discretion under exceptions to development standards (cl 1.6, cl 4.6(4)). Specific notification requirements attach to heritage and Aboriginal places, requiring consultation with the Heritage Council or local Aboriginal communities with 28 day response windows where applicable (cl 5.10(7)-(9)).

Taken together, the concepts structure private actors’ choices , what uses can be pursued, where, when and on what procedural path , while imposing a map-based overlay of environmental sensitivity, heritage, flood and service-related constraints that the consent authority must apply.

Who pays and who decides are central to how this Plan redistributes decision rights and costs. The instrument principally affects landowners, prospective developers, the Upper Lachlan Council, neighbouring landholders, users of listed heritage items and public land managers, and State agencies with intersecting regulatory responsibilities.

Landowners and developers: Private landholders within the Plan area are the primary regulated cohort. The Plan restricts or permits uses by zone and requires development consent for most subdivision, demolition, many building works, and many land uses (cl 2.6, cl 2.7, Land Use Table). Those undertaking exempt or complying development must ensure eligibility against Schedule 2 and Schedule 3 requirements and must respect spatial exclusions for environmentally sensitive areas (cl 3.1-3.3, sch 2, sch 3). Applicants intending to contravene a development standard must prepare the document required by the regulations to demonstrate the matters in cl 4.6(3) and the consent authority will keep a record of the assessment (cl 4.6(3)-(4)).

Upper Lachlan Council, as consent authority: The Council holds the day-to-day gatekeeping role for development consent and for certifying compliance with local provisions (cl 1.6). The Council is responsible for considering zone objectives (cl 2.3(2)), assessing biodiversity, land, water and earthworks impacts on sensitive land (cls 6.2-6.5), reviewing heritage impacts and consulting the Heritage Council or local Aboriginal communities where required (cl 5.10), and for classifying or reclassifying public land consistent with the Local Government Act 1993 in Schedule 4 (cl 5.2, sch 4). The Council also must consult relevant Commonwealth bodies in airspace matters for Crookwell Airport if a proposed development may penetrate the Obstacle Limitation Surface (cl 6.12).

State agencies and other authorities: Several State agencies are implicated. State environmental planning policies may prevail over the Plan (cl 1.9(1)). The Plan cross-refers to Fire and Rescue NSW in respect of monitored fire alarms and private providers (cl 5.8). Fisheries, Primary Industries and the Department of Industry enter via aquaculture and intensive livestock matters, including the use of aquaculture industry development plans and the NSW Oyster Industry Strategy (cl 5.19, sch 6). Transport for NSW is identified as the acquiring authority for classified roads shown on the Land Reservation Acquisition Map (cl 5.1(2)). The Governor approved the suspension clause used to override certain covenants where necessary for development (cl 1.9A(4)).

Neighbours and the community: The Plan contains provisions that protect neighbouring amenity by restricting temporary use durations, controlling noise, safeguarding sewerage plant buffer considerations and explicitly requiring the consent authority to consider impacts on adjoining zoned land where development occurs on unzoned land (cl 2.8, cl 5.12, cl 6.11, cl 2.4). Developers must consider impacts on drinking water catchments, riparian habitats, flood evacuation routes and environmental values, which affects regional water users, recreation users and community amenity (cl 1.2, cl 6.4, cl 5.21).

Owners of heritage items and Aboriginal communities: Owners of land with listed heritage items or heritage conservation areas will face additional consenting constraints for demolition, alteration, subdivision and excavation. The schedule 5 register identifies many local and some State heritage items (cl 5.10, sch 5). Aboriginal communities must be notified and their responses considered where development affects Aboriginal places of heritage significance (cl 5.10(8)).

Prospective commercial operators in targeted industries: Operators in aquaculture, intensive livestock agriculture, rural tourism and creative/cultural industries will be affected by the bespoke controls and supports in the Plan. Aquaculture has detailed site and operational requirements in sch 6 and cl 5.19; intensive livestock has threshold capacities that allow some small-scale operations to proceed without consent if location criteria are met (cl 5.18). Licensed premises have a protection from refusal based on musical content where noise can be managed (cl 5.20). These create both permissions and compliance obligations for particular business models.

Public land managers and ratepayers: The Plan classifies public land and enables reclassification pursuant to the Local Government Act, which affects how land is managed and whether trusts affecting reserves are discharged (cl 5.2, sch 4). Ratepayers may bear infrastructure costs implied by consenting decisions, for example where essential services must be made available before consent can be granted (cl 6.9).

In short, the Plan places decision authority with Council, imposes consent and assessment obligations on landowners and applicants, integrates State agency input for specified matters, and affects a broad array of stakeholders through map-based constraints, scheduled permissions, and sector-specific rules.

The Plan creates duties for consent authorities and applicants, and rights insofar as it authorises uses and exemptions. Duties are mostly administrative and evaluative, while rights are conveyed by permitting specified uses, exempting some development and enabling subdivisions subject to maps and minimum sizes.

Duties of the consent authority (Council):

• Apply zone objectives: The consent authority must have regard to zone objectives in deciding development applications in a zone (cl 2.3(2)).
• Assess against specified local tests: For land mapped as “sensitive” the consent authority must consider impacts on biodiversity, soil, water and earthworks and must not grant consent unless satisfied that development will avoid, minimise or mitigate adverse impacts (cls 6.2-6.5).
• Keep records for exceptions: Where the consent authority grants consent under the exceptions to development standards (cl 4.6), it must keep a record of its assessment (cl 4.6(4)), consistent with the Act and the Regulation requiring documentation to accompany applications that propose contraventions.
• Notify and consult in heritage and Aboriginal matters: Before granting consent for development on archaeological sites or Aboriginal places of heritage significance, the consent authority must notify the Heritage Council or local Aboriginal communities and take account of responses within 28 days (cl 5.10(7)-(9)).
• Apply flood tests: For development in the flood planning area, the consent authority must be satisfied that the development is compatible with flood function and behaviour, will not adversely affect flood behaviour, and incorporates measures to manage risk to life and evacuation, among other matters (cl 5.21(2)-(3), cl 5.22).
• Consult Commonwealth body for Crookwell Airport OLS penetrations: If a proposed development may penetrate the Obstacle Limitation Surface, the consent authority must consult the relevant Commonwealth body and may only grant consent when the Commonwealth body advises no objection (cl 6.12(2)-(4)).

Duties of applicants:

• Compliance with maps and standards: Applicants must design proposals that comply with the Lot Size Map, Land Zoning Map and other maps, or seek consent where relevant (cl 4.1, cl 2.2).
• Demonstrate grounds for exceptions: Applications proposing to contravene development standards must include documentation required by the Regulation and justify why compliance is unreasonable or unnecessary and must set out sufficient environmental planning grounds (cl 4.6(3); note re Regulation).
• Provide specialist assessments when required: The Plan anticipates heritage management documents, heritage conservation management plans and environmental impact statements where applicable; consent authorities may require those before granting consent (cl 5.10(5)-(6)).
• Meet operational and site requirements for aquaculture and intensive livestock: Applicants must satisfy the site location and operational requirements set out in sch 6 for pond and tank aquaculture and meet the location thresholds for intensive livestock where development is to proceed without consent (cl 5.19, cl 5.18, sch 6).
• Ensure essential services: Development consent must not be granted unless the consent authority is satisfied essential services for the proposed development are available or arrangements exist to make them available (cl 6.9).

Rights and entitlements:

• Permitted uses and exemptions: The Plan grants rights to carry out certain uses without development consent where identified in the Land Use Table or in Schedule 2, provided applicable standards are met, and rights to obtain complying development certificates where Part 1 of Schedule 3 applies and conditions are met (cl 2.3, cl 3.1, cl 3.2, sch 2, sch 3).
• Ability to apply for consent to contravene standards: Clause 4.6 permits applicants to seek development consent even where the development would contravene a standard, subject to the tests in cl 4.6(3) and the applicable exclusions in cl 4.6(8). This creates a discretionary pathway for variance where environmental planning grounds are demonstrated.
• Limited suspension of private covenants: Clause 1.9A provides that, to the extent necessary, agreements and covenants that restrict development do not apply where needed to enable development in accordance with the Plan, except certain categories such as Council-imposed covenants, Crown instruments, conservation agreements and planning agreements. This may enable development otherwise prevented by private instruments, subject to exceptions and preservation of public authority rights (cl 1.9A(1)-(3)).

Procedural rights and protections:

• Application of SEPPs: The Plan is subordinate to prevailing State environmental planning policies, so applicants can rely on applicable SEPPs that override local provisions where relevant (cl 1.9(1)).
• Saving for existing applications: A development application made before commencement and not finally determined must be determined as if this Plan had not commenced (cl 1.8A(1)), creating a transitional protection for pre-existing applications.
• Heritage and Aboriginal consultation rights: Local Aboriginal communities and the Heritage Council have statutory consultation roles for particular types of development affecting heritage or Aboriginal significance (cl 5.10(7)-(9)).

Limitations and countersigns:

• The Plan contains prohibitions on certain development categories in particular zones. Even where the Plan provides exceptions to development standards, cl 4.6(8) prohibits contraventions of development standards related to complying development, BASIX commitments and certain specific clauses, so applicants cannot use cl 4.6 to evade those regulated minima.
• Exempt and complying development are explicitly excluded from environmentally sensitive areas, so some lower-impact process routes are unavailable where sensitivity maps indicate restrictions (cl 3.3).

Overall, the Plan creates a regulated structure of duties on Council to assess and record discretionary decisions, duties on applicants to document and mitigate environmental and heritage impacts, and delineates rights to develop for specific uses where mapped permissions or schedules allow.

The Plan itself sets the regulatory framework for permitting and consent, but does not specify monetary fines or criminal penalties within its text. Enforcement mechanisms and penalties flow from the Environmental Planning and Assessment Act 1979 and associated regulations, and from other referenced Acts where applicable. The Plan identifies who enforces and the procedural routes that will trigger enforcement attention.

Enforcement actors and authorities:

• Council as consent authority enforcer: The Upper Lachlan Council, as the consent authority under cl 1.6, is the principal local regulator responsible for processing development applications, issuing development consents, refusing or imposing conditions and, where necessary, taking enforcement action under the Act for unauthorised development or breaches of consent conditions (cl 1.6, cl 2.6, cl 2.7).
• State agencies for overlapping regimes: Where other Acts are engaged, enforcement is shared with those agencies. For example, failure to comply with heritage consent requirements may engage the Heritage Act 1977 processes or the Biodiversity Conservation Act 2016 for breaches related to threatened species and habitat referenced under cl 6.2, and Fisheries or Primary Industries authorities may enforce aquaculture licencing or offences referenced under cl 5.19 and sch 6.

Triggers for enforcement under the Plan:

• Unauthorised development: Many provisions make development subject to consent, for example, subdivision generally requires consent (cl 2.6), demolition requires consent (cl 2.7), and earthworks over specified thresholds require consent (cl 6.5(2)). Carrying out development without required consent exposes the operator to compliance action as provided by the Act and regulations.
• Breach of development consent conditions: Where development proceeds under consent or a complying development certificate, noncompliance with consent conditions can lead to enforcement action under the Act, including orders, injunctions or penalties administered through the Land and Environment Court and other tribunal processes as set out in the Act.
• Contraventions of prohibited development: The Land Use Table includes express prohibitions in each zone for certain uses; carrying out a prohibited use is unauthorised and liable to enforcement (cl 2.3, Land Use Table).
• Heritage and Aboriginal places: The Plan requires consent for works affecting heritage items and Aboriginal places, and sets out notification obligations; breaches in relation to protected heritage items would be addressed under the Heritage Act and the Act via consent enforcement paths (cl 5.10).

Procedural checks and evidence:

• Documentary requirements for variations: Applicants proposing to contravene development standards must provide a document as required by the Environmental Planning and Assessment Regulation explaining the grounds, and the consent authority must keep a record of the assessment (cl 4.6(3)-(4), statutory notes). Failure to provide required documentation may justify refusal or delay.
• Consultation and notice periods: The Plan mandates notices to the Heritage Council and local Aboriginal communities for particular developments, and requires the consent authority to take responses into account within 28 days (cl 5.10(7)-(9)). Failure to follow these steps can be challenged as jurisdictional error in later proceedings, potentially rendering a consent vulnerable.

Limitations in the Plan text:

• The Plan does not list specific fines, penalty units, or prescribed offences within its clauses. Financial penalties, enforcement instruments, and prosecution powers derive from the Act and regulations, not from this LEP document itself. Where other Acts carry offences, those Acts provide the specific penalty regimes; the Plan references those Acts to define procedural and substantive constraints (numerous cross-references such as to the Heritage Act 1977, Biodiversity Conservation Act 2016, Rural Fires Act 1997 and Fisheries Management Act 1994).

Practical enforcement implications:

• Enforcement is fact-specific and will depend on whether the use undertaken is exempt, complying, permitted with consent, or prohibited in the zone, as well as on overlap with other regimes such as heritage, biodiversity, or water management. Applicants and planning lawyers should plan for enforcement risk by ensuring correct process for consents, meeting documentary tests for exceptions, and observing notice and consultation requirements that can affect the legal validity of consents.

In sum, enforcement is exercised through the consent and compliance apparatus of the Environmental Planning and Assessment Act and other referenced statutes, with the Council central to compliance administration under this Plan.

The Plan explicitly operates within a network of State planning policy, statutory regimes and technical guidelines. Its text repeatedly cross-references and defers to State environmental planning policies, the Environmental Planning and Assessment Act 1979, NSW technical guidelines, and sectoral Acts for heritage, biodiversity, water, fisheries and Crown land management. Interaction mechanisms fall into three types: precedence and subordination, cross-referenced procedural requirements, and mapped or technical guidance incorporation.

Precedence and application of SEPPs and the Act:

• The Plan is subject to any State environmental planning policy that prevails over it as provided by s 3.28 of the Act, and states specifically that SEPP provisions prevail where applicable (cl 1.9(1)). Practitioners must therefore always check relevant SEPPs where they overlap (for example SEPP Housing 2021, SEPP Transport and Infrastructure 2021, SEPP Primary Production 2021 and others listed in the Land Use Table note).
• Development assessment and enforcement are conducted under the Environmental Planning and Assessment Act 1979, with the Plan operating as an environmental planning instrument made under the Act. The Plan’s savings, recordkeeping and consent rules are framed by the Act’s divisions and sections, for example the transitional saving for existing applications references Division 3.5 of the Act (cl 1.8A).

Sectoral Acts and specialised requirements:

• Heritage: The Plan incorporates the Heritage Act 1977 by excluding items listed on the State Heritage Register from exempt development under cl 3.1(3)(d), and by requiring Heritage Council notification for archaeological sites and nominated State heritage items as part of the consent process (cl 5.10(2), (7)-(9)). Developers must comply with both the LEP and the Heritage Act.
• Biodiversity and conservation: The Plan cross-references the Biodiversity Conservation Act 2016 and relevant SEPP chapters, excluding specific biodiverse areas from exempt/compliant routes and requiring assessment of impacts on threatened species and ecological communities where the land is identified as “sensitive” on the Natural Resources Sensitivity,Biodiversity Map (cl 3.3, cl 6.2). The applicant may also need to consider the Local Land Services Act and State SEPP biodiversity instruments for approvals.
• Fisheries and aquaculture: Aquaculture provisions rely on the Fisheries Management Act 1994 and the Fisheries Management (Aquaculture) Regulation 2017, and require consistency with aquaculture industry development plans and the NSW Oyster Industry Sustainable Aquaculture Strategy (cl 5.19, sch 6). Licensing and other regulatory permissions under fisheries law will also be required where those Acts apply.
• Rural Fires and bushfire management: Clause 5.11 permits bush fire hazard reduction under the Rural Fires Act 1997 without development consent, and cross-refers to that Act’s regime for bushfire prone land. Applicants must therefore align bushfire mitigation works with both Acts.
• Crown and Crown-vested land: The Plan preserves the rights of public authorities under registered instruments and excludes suspension of covenants to the extent necessary for Crown Land Management Act instruments and other Crown arrangements (cl 1.9A(2)-(3)). Where public or Crown land is involved, additional Crown approvals or licences may be necessary.

Maps, guidelines and technical references:

• The Plan incorporates external technical documents by reference. For example, the Flood Risk Management Manual and the Considering Flooding in Land Use Planning Guideline are imported to define terms and tests for flood planning and special flood considerations (cl 5.21(4)-(5), cl 5.22(4)-(5)). Compliance with these guidelines will be relevant to flood risk assessments.
• The Plan requires maps to be made available in accordance with the Minister’s arrangements and references standards for LEP maps and GIS data, creating a link to State technical standards for mapping and data exchange (cl 1.7).

Transitional and procedural interactions:

• The Plan’s savings provision for applications lodged prior to the Plan’s commencement interacts with Division 3.5 of the Act and with amendments such as the Flood Planning SEPP Amendment 2023, indicating that timing of lodgement can determine which instrument applies (cl 1.8A).
• Clause 1.9A suspending covenants interacts with property law instruments such as easements and covenants, but preserves certain Crown, conservation and planning agreements, so practitioners must check both the Plan and the underlying property instruments to determine whether a covenant continues to bind.

Limitations and exclusionary interactions:

• The exceptions to development standards clause in cl 4.6 excludes certain standards from being subject to the clause, specifically standards for complying development, BASIX commitments and certain local clauses, so the interaction between cl 4.6 and the Building Sustainability Index obligations is restrictive.
• Environmentally sensitive areas are excluded from exempt and complying development routes under cl 3.3, which interacts with State SEPPs that otherwise allow some exempt/compliant development, thereby restricting lower-cost pathways where environmental sensitivity is mapped.

Practical implication for practitioners:

• Always perform a layered statute and policy check: the LEP itself, relevant SEPPs, the Act and Regulations, and other Acts referenced by the Plan must all be considered. Many applications will require concurrent or sequential approvals under multiple Acts, for example aquaculture licences under fisheries law, heritage approvals under the Heritage Act, and compliance with flood guidelines and BASIX where relevant.
• Map checks and technical guidelines are material to lawful development: maps incorporated by reference will determine permitted uses, minimum lot sizes and sensitive designations; technical guidelines such as flood manuals supply standards that the consent authority must use.

In sum, this LEP functions within an interlocking legislative and policy framework. It sets local rules that operate alongside, and often subordinate to, State SEPPs and specialist Acts, and many decisions will require satisfying both the Plan and other statutory regimes invoked by its cross-references.

The Plan’s text contains editorial notes and amendment annotations that indicate the dates and instruments that have altered specific clauses and schedules. The instrument was originally Upper Lachlan Local Environmental Plan 2010 and has been amended at various times. The Plan includes explicit amendment footnotes and notes in several clauses indicating historical changes. Key amendment markers within the text are as follows, tying specific clauses to amending instruments:

• Clause 1.8A (savings provision concerning development applications) notes amendments: Am 2019 (621), Sch 5[1]; 2023 (609), Sch 1.1[1]. The text also references that the 2023 amendment addressed development applications in light of State Environmental Planning Policy Amendment (Flood Planning) 2023 (cl 1.8A(2) and the note).
• Clause 1.9A (suspension of covenants etc) was amended in 2011 and 2019: Am 2011 (363), Sch 25[1]; 2019 (621), Sch 5[2]-[4]. It also notes Governor approval under s 3.16 of the Act for subclauses (1)-(3).
• Clause 2.1 (land use zones) was amended in 2022: Am 2022 (832), Sch 1.23[1].
• Clause 3.2 (complying development) references amendments across 2011 and 2022: Am 2011 (28), Sch 1.9; 2011 (363), Sch 25[20]; 2022 (72), Sch 1.62; 2022 (629), Sch 3.23.
• Clause 3.3 (environmentally sensitive areas excluded) has multiple amendments: Am 2011 (363), Sch 25[21]; 2014 No 74, Sch 3.40; 2022 (832), Sch 1.23[3].
• Clause 4.1AA (minimum lot size for community title schemes) was inserted in 2011 and later amended in 2022: Ins 2011 (363), Sch 25[22]; Am 2022 (832), Sch 1.23[4][5].
• Clause 4.6 (exceptions to development standards) was amended in 2011 and 2022: Am 2011 (363), Sch 25[27]; 2022 (832), Sch 1.23[6].
• Clause 5.4 (controls relating to miscellaneous permissible uses) lists amendments in 2011, 2018 and 2023: Am 2011 (363), Sch 25[28]; 2018 (406), Sch 1.138[1][2]; 2023 (458), Sch 1[1].
• Clause 5.9 was amended in 2011 (cl 5.9: Am 2011 (363), Sch 25[29]).
• Clause 5.13 was inserted in 2011: Ins 2011 (363), Sch 25[30].
• Clause 5.16 and various Part 6 clauses contain amendment notes such as Am 2011 (363), Sch 25[24]; 2022 (832), Sch 1.23[4][5][7] for multiple clauses across Part 6.
• Schedule 1 shows amendment: sch 1 Am 2015 (488), cl 4.
• Schedule 2 indicates amendment: sch 2 Am 2022 (832), Sch 1.23[8][9].
• Schedule 3 indicates an amendment in 2011: sch 3 Am 2011 (363), Sch 25[31].
• Schedule 5 (Environmental heritage) notes amendment in 2012: sch 5 Am 2012 (555), Sch 1[1][2].
• Clause 6.14 was introduced in 2025 (Ins 2025 (189), Sch 1).

The amendment notes throughout the Plan identify the amending instruments by year and schedule, but they do not supply full second reading speeches or explanatory memoranda within the Plan text. To trace amendment policy rationale and parliamentary debates an analyst should consult the relevant Statutes or amending instruments listed in the notes, and the NSW Parliamentary records or the Department’s instrument-making records.

The Plan also contains repeals of earlier local environmental plans (cl 1.8 and the note listing Crookwell Local Environmental Plan 1994, Gunning LEP 1997, Mulwaree LEP 1995), indicating an instrument consolidation process at commencement. The Plan has therefore been a living document, updated periodically to reflect State planning policy changes, technical standards, and local needs, as evidenced by the amendment markings.

For legal work, the amendment annotations in the Plan are useful to identify when particular local controls changed, and thus to resolve transitional issues for developments lodged around amendment dates. Clause 1.8A’s saving provision illustrates the Plan’s transitional approach for pre-commencement applications. For complete amendment provenance the practitioner should retrieve the amending instruments listed in the footnotes, and the registry copies of the LEP versions with consolidated text and dates.

The text of this Plan does not name any court decisions or contain a litigation history section. The instrument itself lists statutory amendments and notes, but does not record any cases. Therefore, there are no cases named in the Plan that can be relied upon as interpretive authorities from within the instrument.

Practical observations relevant to litigation risk and likely case themes, drawn from the Plan’s provisions and the Act under which it operates, are as follows:

• Common legal disputes will likely concern whether a particular use is permitted in a zone, whether an activity properly qualifies as exempt or complying development under sch 2 or sch 3, and whether the consent authority properly applied the Plan’s tests for sensitive land, heritage, flood planning, or exceptions to development standards (cls 2.3, 3.1-3.3, 4.6, 5.10, 5.21, 6.2-6.5). These themes mirror typical LEP litigation.
• Litigation may arise in cases where the consent authority has not followed mandatory procedural steps required by the Plan, such as failing to notify the Heritage Council or local Aboriginal communities where cl 5.10 requires notice, or where the consent authority did not keep required records under cl 4.6(4) when exercising discretion to contravene standards. Procedural compliance is a frequent locus for judicial review.
• Disputes may also arise regarding the Plan’s mapping , e.g. whether land is correctly identified on the Lot Size Map, Land Zoning Map, Natural Resources Sensitivity maps or the Sewage Treatment Plant and Rubbish Tip Buffer Map , because the Plan makes many permissions and constraints map-dependent (cl 1.7, cl 1.3).
• Conflicts between State SEPPs and local LEP provisions where the SEPP prevails may be a source of judicial consideration, particularly where an applicant relies on an SEPP pathway that the Council contends does not apply given site-specific mappings or other statutory constraints (cl 1.9(1)).

Because the Plan itself does not list cases, practitioners should search the NSW Land and Environment Court and relevant appellate decisions for disputes that have considered this LEP, the Environmental Planning and Assessment Act, and the specific intersectional Acts cited in the Plan for precedent on interpretation, procedural requirements and standard-of-review questions. For any litigation involving this Plan, the primary sources to consult are the LEP text, the Act and Regulations, SEPPs that may apply, and the Statute and case law interpreting similar LEP provisions.

This Plan contains a number of technical rules and traps that may catch applicants, neighbours and advisers who rely on general planning assumptions. The "gotchas" below are concrete mechanics that frequently generate unexpected compliance outcomes.

1. Exempt and complying development exclusions for environmentally sensitive areas: Schedule 2 and Schedule 3 routes are attractive for quicker, lower-cost delivery, but cl 3.3 excludes any exempt or complying development on environmentally sensitive areas as defined, including land within 100 metres of coastal wetlands, declared aquatic reserves, RAMSAR sites, land identified as high Aboriginal cultural or biodiversity significance and land in Zones C2 or C3 (cl 3.3). Relying on a State-wide SEPP pathway without checking local sensitivity maps can therefore be fatal to a complying development strategy.

2. Suspension of covenants but subject to important exceptions: Clause 1.9A suspends private covenants to the extent necessary to enable development under the Plan, but it does not apply to covenants imposed by the Council, Crown instruments, conservation agreements, biobanking agreements, planning agreements and it preserves registered public authority interests (cl 1.9A(1)-(3)). Relying on cl 1.9A to extinguish a restrictive covenant without checking these exceptions and registered instruments is risky.

3. Subdivision and secondary dwelling interaction: Clause 2.6(2) prohibits granting consent for subdivision of land containing a secondary dwelling if the subdivision would separate the principal and secondary dwellings onto different lots, unless the resulting lots meet minimum sizes on the Lot Size Map. The definition of secondary dwelling requires it to be on the same lot as the principal dwelling, so developers targeting lot-splitting for rental or sale must verify Lot Size Map minima and avoid invalid subdivisions (cl 2.6(2) and notes).

4. Exceptions to development standards are discretionary and recorded: Clause 4.6 permits contravention of development standards in specified circumstances, but it requires applicants to demonstrate that compliance is unreasonable or unnecessary and to provide sufficient environmental planning grounds, and the consent authority must keep a record of its assessment (cl 4.6(3)-(4)). The Regulation requires a document to accompany such applications, so failure to prepare the necessary evidence can result in refusal and leave the consent vulnerable to challenge.

5. Exclusions within the exceptions clause: Clause 4.6 explicitly excludes development standards for complying development and standards tied to BASIX commitments and specific clauses from being varied via cl 4.6(8). Applicants cannot use cl 4.6 to avoid BASIX or complying development standards, or to circumvent specified local clauses.

6. Environment and heritage notification windows: Heritage and Aboriginal consultation have fixed 28 day response windows for the Heritage Council and local Aboriginal communities respectively (cl 5.10(7)-(9)). If the consent authority proceeds without properly placing those notices or considering responses, decisions may be challenged as procedurally deficient.

7. Flood planning and special flood considerations are multi-test: For land in the flood planning area, multiple distinct tests apply: compatibility with flood function, impacts on flood behaviour, evacuation capacity, management of risk to life and environmental impacts, and a requirement to consider projected changes due to climate change and evacuation and modification potentials (cl 5.21(2)-(3), cl 5.22). An applicant cannot satisfy one test while failing others.

8. Intensive livestock without consent limited by capacity and location: Small-scale intensive livestock can be carried out without consent only if type and capacity thresholds and location restrictions are met, for example poultry farms under 1,000 birds, but not within certain distances of other poultry farms, dwellings or environmentally sensitive areas (cl 5.18(4)-(5)). These combined spatial and numeric criteria are easy to miscalculate without a site-by-site buffer analysis.

9. Local peculiarities: There are specific local controls that apply only in defined villages or lots, for example dual occupancy thresholds in Gunning, Taralga and Crookwell (cl 6.7), multi-dwelling lot-size requirements (cl 6.8), and a site-specific clause for 30-36 Peelwood Road Laggan that mandates biodiversity and flood evacuation considerations (cl 6.14). A generic checklist applied to the municipality may miss these localised rules.

10. Complying development certificate conditions: Any complying development using Part 1 of Schedule 3 must also meet the conditions in Part 2 and the general conditions set out in Schedule 6 to the State SEPP for Exempt and Complying Development Codes, so a local Sch 3 certificate route still requires checking State conditions (sch 3 Part 2, note).

11. Noise and licensed premises: Clause 5.20 prevents refusal of development in relation to licensed premises based on playing or performing music characteristics if noise can be managed to an acceptable level. This protects live music in licensed venues, but councils retain responsibility to require noise management, and an insufficient acoustic strategy may still justify refusal under general amenity or environmental tests (cl 5.20(1)-(2)).

12. Public land classification affects trust discharges: Schedule 4 classifies or reclassifies public land, and Part 2 of Schedule 4 allows certain public reserves to be discharged from trusts except for specified reservations. These classifications can change public land management rights and may affect community expectations or obligations under the Local Government Act (cl 5.2, sch 4).

Practitioners should therefore start any matter with map checks, a review of the Land Use Table and Lot Size Map, identification of any listed heritage or sensitive overlays, and careful attention to the exceptions that are expressly precluded. Failure to map-check or to follow notification and documentation steps is a frequent cause of avoidable refusal or litigation.

This section sets out a practical, source-grounded compliance pathway for applicants, advisers and decision-makers dealing with development under the Upper Lachlan LEP 2010. The steps follow from the Plan’s clauses and schedules and cross-reference other documents the Plan mentions.

1. Start with map checks and schedule reviews:

   • Confirm the land’s zoning on the Land Zoning Map and the minimum lot size on the Lot Size Map (cl 2.2, cl 4.1).
   • Check the Natural Resources Sensitivity maps for biodiversity, land and water sensitivity, the Sewage Treatment Plant and Rubbish Tip Buffer Map, the Heritage Map and the Land Reservation Acquisition Map for acquisition or reservation constraints (cl 1.7, sch 4, sch 5, cls 6.2-6.4, cl 6.11).
   • Verify whether the site is within any flood planning area or special flood consideration area, refer to the Considering Flooding in Land Use Planning Guideline and Flood Risk Management Manual referenced in cls 5.21-5.22.

2. Identify the applicable development pathway:

   • If the proposed works are listed in Schedule 2 and meet the Schedule’s standards, they may be exempt, but remember that environmentally sensitive areas are excluded from exempt/complying routes (cl 3.1, cl 3.3, sch 2).
   • If the proposal is listed in Part 1 of Schedule 3 and meets the technical development standards and conditions in Part 2 and the State SEPP schedule 6 conditions, it may be complying development (cl 3.2, sch 3).
   • If the use is permitted in the Land Use Table subject to consent, prepare a development application for Council (cl 2.3).
   • If the use is prohibited in the zone, do not proceed as consent cannot be granted for prohibited uses under the Plan (Land Use Table).

3. Prepare required documentation and specialist reports:

   • For proposals on “sensitive land,” prepare biodiversity, flora and fauna reports, habitat assessments and connectivity analysis addressing cl 6.2, including avoidance, minimisation or mitigation measures and justification of design choices.
   • For land covered by cl 6.3 and cl 6.5, include geotechnical reports, erosion risk assessments, earthworks management plans, fill source/destination documentation and design measures to prevent drainage and stability issues.
   • For developments affecting heritage items or conservation areas, prepare heritage management documents or a heritage conservation management plan as the consent authority may require, and be ready for notification to the Heritage Council where archaeological matters arise (cl 5.10(4)-(6), (7)).
   • For development in the flood planning area, produce a flood impact assessment consistent with the Considering Flooding guideline and Flood Risk Management Manual, demonstrating flood compatibility, evacuation strategies, and climate change considerations (cl 5.21(2)-(3), cl 5.22).
   • For aquaculture or intensive livestock, prepare operational plans consistent with sch 6 and cl 5.18 and the applicable aquaculture development plan or industry strategy, and demonstrate compliance with species selection, pond design, discharge and screening requirements (cl 5.19, sch 6).
   • For applications seeking to contravene a development standard, produce the document required by the Environmental Planning and Assessment Regulation that sets out the grounds demonstrating that compliance is unreasonable or unnecessary, and provide sufficient environmental planning grounds as required by cl 4.6(3).

4. Consult and notify where required:

   • If the development triggers heritage or Aboriginal consultation requirements under cl 5.10, ensure timely notification to the Heritage Council or local Aboriginal communities and allow 28 days for responses which must be considered before consent (cl 5.10(7)-(9)).
   • For Crookwell Airport related OLS penetration issues consult the relevant Commonwealth body as required by cl 6.12 and obtain written advice to support a consent or to ensure non-contravention.
   • Engage with Council officers early in a pre-lodgement meeting to confirm which studies, reports and conditions are expected, and to clarify whether exempt/compliant development routes apply.

5. Ensure essential services and infrastructure:

   • Demonstrate provision, or arrangements to provide, essential services such as water, electricity, sewerage disposal, stormwater drainage and road access consistent with cl 6.9. For unsewered land and BASIX-related projects check Local Government Act approvals for on-site effluent systems as required by cl 3.2(3)(c).

6. Address public land and covenant issues:

   • If development interacts with public land classifications in Schedule 4, determine whether the land is operational or community land and whether any trusts or reservations remain in force, and obtain necessary Council approvals (cl 5.2, sch 4).
   • Check restrictive covenants and, if needed, whether cl 1.9A may operate to suspend a covenant, remembering the clause’s express exceptions (cl 1.9A).

7. Prepare for conditions and compliance obligations:

   • Expect condition drafting addressing biodiversity offsets, heritage conservation works, erosion and sediment control, acoustic measures for licensed premises, on-site effluent operational requirements, flood evacuation measures and site restoration for temporary uses (cl 2.8(3)(d), cl 5.10(10), cl 6.5).
   • If obtaining a complying development certificate under sch 3, ensure all conditions in Part 2 and the State SEPP Schedule 6 are incorporated and capable of operational compliance.

8. Time constraints and temporary uses:

   • For temporary uses use cl 2.8 as the template: maximum of 52 days in any 12 month period unless the use is a sales office for a new release area (cl 2.8(2)-(4)). Include restoration plans to restore the land after temporary use if required (cl 2.8(3)(d)).

9. Record keeping and documentation for discretionary routes:

   • Where the Council is to exercise discretion to contravene a development standard under cl 4.6, ensure supporting evidence is robust because the Council must keep a record and the decision will be subject to rigorous review if challenged (cl 4.6(4)).

10. Seek integrated approvals when other Acts apply:

    • Where the Plan cross-references other Acts, coordinate approvals: fisheries licences and aquaculture development plans for aquaculture (cl 5.19), heritage approvals under the Heritage Act for State items (cl 5.10), Crown land approvals where Crown instruments apply, and any Local Land Services approvals for private native forestry where relevant.

11. Post-approval compliance and enforcement preparedness:

    • Implement consent conditions, monitor compliance, retain records of works and management measures for biodiversity, hydrology and heritage conservation, and respond promptly to any Council compliance notices. Practitioners should prepare compliance management plans for complex consents.

This steps-based approach follows the Plan’s clauses and schedules and the external instruments the Plan incorporates by reference. For any specific project, confirm the latest consolidated LEP version and any amending instruments, and check relevant SEPPs and statutory guidelines cited in the Plan. When in doubt about classification or mapping outcomes, obtain a pre-lodgement Council position in writing and procure the necessary specialist reports before lodgement to reduce the risk of refusal or protracted assessment.