This Plan sets the local planning rules for Uralla: it maps zoning, lists permitted and prohibited land uses, sets subdivision and development‑consent rules, provides exempt and complying pathways, and records heritage and environmental constraints. It affects landowners, developers, the Council as consent authority and specified State authorities (cl 1.6; cll 2.1–2.3; cl 4.1; cl 5.10). The Plan states its purpose is to protect agricultural, natural and cultural values (cl 1.2); those protections create compliance costs, administrative discretion and limits on subdivision, development types and lot sizes (cll 4.1, 4.6, 5.10).
This local environmental plan (the Plan) sets land‑use rules and development consent requirements for land in the Uralla local government area. It does three mechanical things up front: it declares the instrument’s name and commencement (cl 1.1 and cl 1.1AA), identifies the land to which it applies via a Land Application Map (cl 1.3), and designates the local consent authority as the Council (cl 1.6). The Plan reproduces the zoning system (cl 2.1; Land Zoning Map per cl 2.2) and a Land Use Table that specifies, for each zone, objectives, development permitted without consent, development permitted only with consent, and prohibited development (cl 2.3 and the Land Use Table). The Plan also adopts a set of principal development standards (Part 4), local provisions (Parts 5 and 6), and Schedules (including heritage items, aquaculture standards and public land classification).
Mechanically, the Plan:
Repeals earlier local planning instruments that applied only to the same land and replaces them for that land (cl 1.8). It contains a savings rule that unfinished development applications made before the Plan commenced must be determined as if the Plan had not commenced (cl 1.8A).
States that State environmental planning policies prevail where applicable (cl 1.9(1)) and disapplies a specific SEPP provision (State Environmental Planning Policy (Rural Lands) 2008 (clause 9)) for the Plan’s area (cl 1.9(2)).
Authorises the Council (the consent authority) to grant or refuse development consent in accordance with the Plan’s controls and requires the Council to have regard to zone objectives when deciding applications (cl 2.3(2); cl 1.6).
Establishes exempt and complying development regimes by reference to Schedule 2 (exempt) and Schedule 3 (complying) and by incorporating state codes (cl 3.1-3.3). Exempt/com‑plying development is nevertheless limited where the Plan identifies environmentally sensitive areas (cl 3.3).
Current sections
Direct links to the current provisions in Uralla Local Environmental Plan 2012.
State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
Agritourism; Airstrips; Animal boarding or training establishments; Aquaculture; Boat launching ramps; Boat sheds; Cellar door premises; Cemeteries; Correctional centres; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Electricity generating works; Emergency services facilities; Environmental facilities; Extractive industries; Farm buildings; Helipads; Home businesses; Home industries; Industrial training facilities; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Landscaping material supplies; Local distribution premises; Mortuaries; Open cut mining; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Research stations; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Service stations; Sewerage systems; Signage; Tourist and visitor accommodation; Veterinary hospitals; Waste or resource management facilities; Water recreation structures; Wharf or boating facilities
4
Prohibited
4 Prohibited
4 Prohibited
Advertising structures; Hotel or motel accommodation; Serviced apartments; Any other development not specified in item 2 or 3
Part 3
Exempt and complying development
Part 3 Exempt and complying development
Part 3 Exempt and complying development
Part 4
Principal development standards
Part 4 Principal development standards
Part 4 Principal development standards
Part 5
Miscellaneous provisions
Part 5 Miscellaneous provisions
Part 5 Miscellaneous provisions
5
Relevant acquisition authority
5 Relevant acquisition authority
5.1 Relevant acquisition authority
(1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note.
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
| Type of land shown on Map | Authority of the State |
| Zone RE1 Public Recreation and marked “Local open space” | Council |
| Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |
| Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |
| Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |
(3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
Part 6
Additional local provisions
Part 6 Additional local provisions
Part 6 Additional local provisions
6
Earthworks
6 Earthworks
6.1 Earthworks
(1) The objectives of this clause are as follows—
(a) to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land,
(b) to allow earthworks of a minor nature without requiring separate development consent.
(2) Development consent is required for earthworks unless—
(a) the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or
(b) the earthworks are ancillary to other development for which development consent has been given.
(3) Before granting development consent for earthworks, the consent authority must consider the following matters—
(a) the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality,
(b) the effect of the proposed development on the likely future use or redevelopment of the land,
(c) the quality of the fill or the soil to be excavated, or both,
(d) the effect of the proposed development on the existing and likely amenity of adjoining properties,
(e) the source of any fill material and the destination of any excavated material,
(f) the likelihood of disturbing relics,
(g) the proximity to and potential for adverse impacts on any watercourse, drinking water catchment or environmentally sensitive area,
(h) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
(c) land within a wetland of international significance declared under the Ramsar Convention on Wetlands.
Note.
Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.
8
Flood liability
8 Flood liability
8 Flood liability
Must be designed or constructed on land so that it will not be inundated by the discharge of a 1:100 ARI (average recurrent interval) flood event.
9
Species selection
9 Species selection
9 Species selection
Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).
10
Pond design
10 Pond design
10 Pond design
(1) Must not require the construction of new ponds, water storages, dams or buildings.
(2) Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.
(3) Must be capable of preventing the escape of stock into natural waterbodies or wetlands.
11
Culture water
11 Culture water
11 Culture water
Must use freshwater.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Plan
1 Name of Plan
1.1 Name of Plan
This Plan is Uralla Local Environmental Plan 2012.
1 Commencement
1 Commencement
1.1AA Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
1 Aims of Plan
1 Aims of Plan
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in Uralla in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
(2) The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to encourage the orderly management, development and conservation of resources by protecting, enhancing and conserving—
(i) land of significance for agricultural production, and
(ii) timber, minerals, soils, water and other natural resources, and
(iii) areas of high scenic or recreational value, and
(iv) native plants and animals including threatened species, populations and ecological communities, and their habitats, and
(v) places and buildings of heritage significance,
(b) to provide a choice of living opportunities and types of settlements,
(c) to facilitate development for a range of business enterprise and employment opportunities,
(d) to ensure that development is sensitive to both the economic and social needs of the community, including the provision of community facilities and land for public purposes,
(e) to ensure that development has regard to the principles of ecologically sustainable development and has regard to areas subject to environmental hazards and development constraints,
Sets subdivision, demolition and other consent triggers: subdivision requires consent (cl 2.6), demolition requires consent (cl 2.7), temporary uses are limited to 52 days per 12 months unless otherwise specified (cl 2.8), and canal‑estate development is prohibited (cl 2.9).
Includes detailed development‑type controls , for example, minimum lot sizes (cl 4.1 and related clauses), exceptions to development standards (cl 4.6), heritage consent and assessment requirements (cl 5.10), aquaculture site and operational standards (cl 5.19 and Schedule 6), and flood planning tests (cl 5.21).
Provides a limited power to suspend private covenants and similar instruments to enable development compliant with the Plan, but excludes specified conservation and Crown instruments (cl 1.9A).
These mechanical provisions convert strategic zoning and mapped controls into permit triggers, standards to be applied by the consent authority and prescriptive requirements for certain uses. The Plan relies on maps held and published in electronic form (cl 1.7) and cross‑references numerous State laws and policies for matters outside the Plan’s local scope (for example, the Environmental Planning and Assessment Act and various SEPPs, cl 1.9 and notes throughout).
Main concepts
The Plan uses standard LEP mechanics to translate strategy into regulatory outcomes. Key conceptual building blocks are:
Zones and Land Use Table: The Plan is zoned (cl 2.1 and cl 2.2) and the Land Use Table is the primary allocation instrument. For each zone the Table sets the objectives, what is permitted without consent, what is permitted only with consent, and what is prohibited (cl 2.3). The consent authority must have regard to zone objectives when determining a DA (cl 2.3(2)).
Maps as operative instruments: The Land Application Map, Land Zoning Map, Lot Size Map, Heritage Map and other maps referenced in the Plan are the instruments that locate controls on the ground (cl 1.3, cl 2.2, cl 4.1(2) and cl 5.10 notes). Clause 1.7 treats named maps as the adopted, authoritative maps and requires public availability.
Consent regime and categorisation of development: Development falls into exempt, complying, or development requiring consent. Schedule 2 lists exempt items (cl 3.1); Schedule 3 lists complying development and conditions (cl 3.2). Exempt or complying development must not be carried out on environmentally sensitive areas identified in cl 3.3.
Principal development standards and flexibility: Minimum lot sizes and subdivision rules are set by the Lot Size Map and clauses 4.1‑4.2C. Clause 4.6 permits the consent authority to depart from standards provided the applicant proves compliance is unreasonable or unnecessary and there are sufficient environmental planning grounds, subject to express limits (cl 4.6(2)-(3), (6) and (8)). The Plan therefore combines firm mapped standards with a discretionary avenue for variation.
Special local provisions: The Plan contains bespoke controls on heritage (cl 5.10 and Schedule 5); aquaculture (cl 5.19 and Schedule 6); flood planning (cl 5.21); temporary uses (cl 2.8); earthworks and drinking water catchments (cl 6.1 and cl 6.3) and other locally tailored rules.
Interaction with State policy and Crown activity: The Plan is subject to State environmental planning policies (cl 1.9). It leaves the application of some State infrastructure SEPPs intact, and specifically provides that certain Crown uses and infrastructure development are not restricted by the Plan where a SEPP authorises them (cl 5.12). It also identifies relevant State authorities for owner‑initiated acquisition (cl 5.1).
Protection and limits on private instruments: Clause 1.9A suspends private restrictive covenants to the extent necessary to enable development in accordance with the Plan, but excludes covenants imposed by Council, specified conservation instruments and registered instruments affecting public authorities (cl 1.9A(1)-(3)).
The Plan therefore operates as a hybrid of mapped, prescriptive controls (maps, Lot Size Map, Land Use Table, Schedule requirements) and discretionary rules (DA assessment guided by zone objectives, heritage assessment requirements, the exceptions to development standards process). It also embeds state directional policy (SEPPs, the Environment and Planning Act and related guidelines) by reference.
Who it affects
The Plan allocates decision‑making and regulatory responsibilities and, as such, affects the following principal groups:
The Council (consent authority): Clause 1.6 names the Council as the consent authority "subject to the Act". The Council must apply the Plan’s maps and Land Use Table, consider zone objectives (cl 2.3(2)), keep records of exception assessments (cl 4.6(4)), and perform notice and consultation tasks required under heritage provisions (cl 5.10(7)-(9)).
Landowners and developers: Anyone proposing to carry out works, subdivide, build or change land use within the mapped area must check the Land Use Table, maps and the Plan’s development triggers (for example cl 2.6 subdivision; cl 2.7 demolition; cl 3.1 exempt development; cl 3.2 complying development). The Plan affects what activities require DA, what can be done as exempt or complying development, and what development is prohibited in a zone.
Occupiers and neighbours: The Plan’s controls on temporary uses (cl 2.8), intensive livestock (cl 5.18), farm stay/farm gate premises (cl 5.24-5.25), and noise/music rules for licensed premises (cl 5.20) impose limits or protections that will affect adjoining residents and businesses. Heritage provisions (cl 5.10) can affect owners of heritage items or land in heritage conservation areas listed in Schedule 5.
State agencies and specialist authorities: The Plan cross‑refers to State SEPPs and other Acts. Relevant State bodies are identified in specific contexts: for owner‑initiated land acquisition, the Map lists the relevant State acquiring authority (cl 5.1(2)). Clause 5.12 confirms the Plan does not restrict development authorised by State SEPPs (for example SEPP (Transport & Infrastructure) Chapter 2).
Aboriginal communities and heritage stakeholders: The Plan requires notification and consideration of local Aboriginal communities before consenting to development in an Aboriginal place of heritage significance (cl 5.10(8)).
Public land managers and ratepayers: Clause 5.2 enables the Council to classify or reclassify public land as operational or community land under the Local Government Act 1993 and lists council land described in Schedule 4 for those purposes (cl 5.2 and Schedule 4).
Industry participants affected by specialised controls: Aquaculture operators must observe cl 5.19 and Schedule 6 operational and site rules (species selection, discharge and pond design). Intensive livestock operations face capacity thresholds and location exclusions in cl 5.18.
Who pays and who decides: the Council decides on most DAs; developers and landowners pay consent application costs and compliance costs (e.g., heritage management documents, environmental assessments, BASIX obligations where applicable). The Plan also places compliance and consultation costs on applicants (heritage notifications, aquaculture management strategies, flood risk documentation) and on the Council for processing and consultation obligations.
Key duties and rights
The Plan creates a set of duties for consent authorities, applicants and landholders, and defines rights in respect of permitted uses and mapped exceptions. Key duties and rights include:
Duties of the consent authority (Council)
Have regard to zone objectives when determining applications (cl 2.3(2)).
Consider specified matters when assessing certain development types: heritage items and conservation areas (cl 5.10(4)-(9)); aquaculture applications (cl 5.19(2)-(3), (5)); intensive livestock agriculture (cl 5.18(3)); flood planning matters (cl 5.21(2)-(3)); drinking water catchment matters (cl 6.3(3)-(4)).
Keep a record of assessments of applications that propose to contravene development standards under cl 4.6(4).
Notify the Heritage Council or local Aboriginal communities as required before granting consent for development affecting archaeological sites, State heritage items or Aboriginal heritage (cl 5.10(7)-(9)).
Duties of applicants/landowners
Obtain development consent where the Plan requires it: subdivision (cl 2.6), demolition (cl 2.7), and uses listed as "permitted with consent" in the Land Use Table (cl 2.3 and Land Use Table).
Where proposing contraventions of development standards, provide a written demonstration that compliance is unreasonable or unnecessary and that environmental planning grounds justify the contravention, as required by cl 4.6(3) and the Regulation described in the Note to that clause.
Where proposing exempt or complying development, ensure compliance with the Building Code of Australia and other specified requirements in cl 3.1 and cl 3.2.
For developments affecting heritage items, supply heritage management documents or heritage conservation management plans if required (cl 5.10(5)-(6)).
For aquaculture/intensive livestock/farm stay/farm gate developments, supply the details and management strategies listed in the clauses (cl 5.19 and Sch 6; cl 5.18; cl 5.24-5.25).
Rights created or confirmed by the Plan
Right to carry out development permitted without consent in a zone (Land Use Table; see specific items in each zone).
Right to rely on exempt and complying development classifications where the development complies with Schedule and state SEPP requirements (cl 3.1-3.2), subject to the Plan’s environmentally sensitive area exclusions (cl 3.3).
Right to apply for development consent even where the development would contravene a development standard, by following the procedure in cl 4.6 and satisfying the tests there.
Right to use certain land for additional permitted uses specified in Schedule 1 (for example, service station at 136 Bridge Street, Sch 1.1).
Other obligations and limitations
The Plan suspends private covenants to the extent necessary to permit Plan‑consistent development (cl 1.9A(1)), but excludes a set of instruments such as covenants required by the Council, Crown land instruments, conservation agreements, biobanking agreements and planning agreements (cl 1.9A(2)(a)-(g)).
Mapping accuracy and availability: maps are part of the Plan and must be maintained and made available in electronic or paper form (cl 1.7).
Environmental exclusions: exempt/com‑plying development is disallowed in environmentally sensitive areas (cl 3.3), and aquaculture and intensive livestock rules restrict operations in specified locations (cl 5.19, cl 5.18 and Sch 6).
These duties allocate responsibility for assessment and impose documentary burdens on applicants. The Plan confers no express private rights of action within its wording; enforcement, appeals and penalties are matters handled under the Act and associated regulations.
Penalties and enforcement
The Plan sets regulatory triggers and administrative duties but does not itself spell out particular monetary penalties or criminal offences. Enforcement operates through the Environmental Planning and Assessment Act framework and other Acts cross‑referenced in the Plan; the Plan therefore creates enforceable development controls whose contravention typically attracts the enforcement and penalty machinery of the principal Act and associated regulations.
What the Plan does provide for enforcement and administrative control
It creates a regime of development consent and categorises development as exempt, complying or requiring consent (Part 3 and Land Use Table). Non‑compliance with development consent conditions or carrying out development without required consent will engage enforcement under the Environmental Planning and Assessment Act (the Act), though the Plan itself does not list fines (see cl 3.1-3.2 and cl 2.6-2.8).
Heritage controls require consent for demolition or alteration of heritage items and place procedural notification duties on the consent authority (cl 5.10(2), (7)-(9)). A failure to obtain required heritage consent will be treated as unauthorised development and is enforceable under the Act.
Aquaculture and intensive livestock provisions impose location and operational constraints (cl 5.19 and cl 5.18). Development carried out contrary to these limits (for example, intensive livestock in exclusion zones) will be development without consent or otherwise inconsistent with the Plan.
The Plan requires the consent authority to keep assessment records for exceptions to development standards (cl 4.6(4)), creating documentary evidence useful in enforcement and review.
Limits on what the Plan specifies directly
The Plan does not itself prescribe penalty amounts, infringement notices or explicit enforcement procedures. Those enforcement mechanisms are located in the Act, the Environmental Planning and Assessment Regulation and, where relevant, other Acts cited (for example, the Heritage Act 1977, Rural Fires Act 1997). The Plan refers to the Act in many places (see cl 1.9 and other notes) but does not restate the Act’s penalty provisions.
The Plan reserves certain public authority rights and excludes its operation over certain Crown instruments (cl 1.9A(3)), which affects enforcement capabilities where Crown interests are involved.
Operational enforcement risks and practical consequences
Because the Plan combines mapped standards with discretionary exemptions (for example cl 4.6), enforcement often depends on whether a consent was properly granted and whether conditions were complied with. The Council must document its assessment (cl 4.6(4)), which affects evidentiary quality in enforcement or merits review.
Exempt and complying development categories reduce the need for consent for some works, which can shift enforcement focus to compliance checks and building approvals (cl 3.1-3.2).
Heritage and environmentally sensitive area rules impose consultation and notification steps that, if omitted, may render a determination procedurally vulnerable and affect enforceability.
For practitioners, the practical point is that the Plan creates mandatory consent triggers and procedural duties; penalties and enforcement are applied through the Act and regulations rather than by standalone penalties in the Plan itself. The Plan’s emphasis on mapping, documentation and consultation creates administrative compliance obligations for applicants and record‑keeping duties for the Council.
How it interacts with other laws
The Plan is heavily cross‑referenced to State laws, SEPPs and guidelines. It operates within the hierarchy and procedural mechanisms of the Environmental Planning and Assessment Act and interacts with specialised statutes in multiple ways:
Primary Act relationship
The Plan is made under the Environmental Planning and Assessment Act (referred to throughout); it is subject to State environmental planning policies as provided by s 3.28 of the Act (see cl 1.9(1)). The Plan also references Act provisions explicitly: the Governor approved clause 1.9A under section 3.16 of the Act (cl 1.9A(4) note).
State Environmental Planning Policies (SEPPs)
The Plan is subject to relevant SEPPs (cl 1.9(1)). The Plan specifically disapplies one SEPP provision by name: State Environmental Planning Policy (Rural Lands) 2008 (clause 9) does not apply to the land to which this Plan applies (cl 1.9(2)). In other places the Plan references State SEPPs as operational documents for exempt/com‑plying development (cl 3.1-3.2 notes) and for Crown infrastructure (cl 5.12).
Other NSW statutes and instruments
Heritage Acts: The Plan’s heritage provisions operate alongside the Heritage Act 1977. For historic places, the Plan requires notification to the Heritage Council in certain cases (cl 5.10(7), (9)) and notes the State Heritage Register (cl 3.1(3)(d) and cl 5.10 notes).
Crown land and conservation instruments: Clause 1.9A expressly excludes "relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016" from suspension and excludes conservation agreements under the National Parks and Wildlife Act 1974, property vegetation plans under the Native Vegetation Act 2003 and biobanking agreements under now‑repealed Part 7A of the Threatened Species Conservation Act 1995 (cl 1.9A(2)(b)-(f)). The Plan therefore recognises that certain conservation and Crown land instruments operate independently and are not to be overridden by the Plan’s covenant suspension.
Local Government Act: Clause 5.2 integrates with the Local Government Act 1993 by enabling classification or reclassification of public land as operational or community land under that Act; Schedule 4 lists land to which that applies (cl 5.2).
Fisheries and aquaculture law: Aquaculture controls reference the Fisheries Management Act 1994, aquaculture industry development plans and the Fisheries Management (Aquaculture) Regulation 2017 (cl 5.19 and Sch 6 definitions). The Plan therefore supplements fisheries licensing and regulatory requirements rather than replacing them.
Biodiversity and conservation statutes: Environmentally sensitive area definitions draw on the Biodiversity Conservation Act 2016 and coastal management statutes (cl 3.3). These references establish that exempt/com‑plying classifications are constrained by higher‑order biodiversity and coastal protections.
Land acquisition law: Clause 5.1 designates the relevant State authority for owner‑initiated acquisition under the Land Acquisition (Just Terms Compensation) Act 1991, linking reservation mapping to acquisition powers and compensation law.
Regulatory instruments and guidelines
The Plan requires consideration of state guidelines and manuals in some decisions: e.g., flood planning must have regard to the "Considering Flooding in Land Use Planning Guideline" (cl 5.21(4)) and the Flood Risk Management Manual (cl 5.21(5)). The Environmental Planning and Assessment Regulation 2021 is referenced in relation to supporting documentation for contravening development standards (cl 4.6 Note).
Practical interaction effects
The Plan does not operate in isolation: applicants must satisfy both the Plan and any State SEPP, sectoral licensing (for aquaculture, fisheries, water extraction), heritage statutory obligations, and other statutory approvals (for example water, Crown land or biodiversity approvals). Clause 5.12 clarifies that where the State SEPP (Transport & Infrastructure) authorises development by or on behalf of a public authority, the Plan does not restrict that development.
The suspension of covenants (cl 1.9A) is subject to a list of excluded instruments, which means developers must still check for Crown, conservation and planning agreements that continue to bind land despite the Plan.
Mapping and classification of public land (cl 1.7; cl 5.2 and Sch 4) interacts with Local Government Act processes for converting reserves and operational land; an approval of the Governor is required in some cases before certain reclassifications can take effect (cl 5.2(5) note).
In short, the Plan functions as a local layer of control that references and defers to State instruments, sectoral licensing, and other statutory regimes. Practitioners must therefore treat the Plan as a node inside a network of laws: compliance involves parallel checks against SEPPs, State statutes and sectoral instruments explicitly cited by the Plan.
Amendment history
The Plan records multiple amendments in the text and schedule annotations; these are the Plan’s own internal amendment notes and not an exhaustive legislative history beyond those notes. Documented amendments in the instrument include:
Clause insertions and amendments in 2019: Clause 1.8A (Savings provision relating to development applications) was amended in 2019 (2019 (621), Sch 5[1]) (cl 1.8A note). Clause 1.9A (Suspension of covenants, agreements and instruments) was amended in 2019 as recorded (2019 (621), Sch 5[2]-[4]) (cl 1.9A note).
Zone and Land Use Table amendments: Clause 2.1 (Land use zones) shows amendments recorded as Am 2016 (331), Sch 1[1]; 2022 (832), Sch 1.24[1]. The Land Use Table footnote lists multiple amendments across 2016-2023 (for example Am 2016 (168), Am 2016 (179), Am 2017 (493), Am 2018 (488), Am 2019 (137), Am 2022 (314), Am 2022 (832), Am 2023 (458), with specific schedule references).
Subdivision and lot size provisions: Clause 4.1AA (Minimum subdivision lot size for community title schemes) shows amendments in 2016 and 2022 (Am 2016 (331), Sch 1[3]; 2022 (832), Sch 1.24[3]-[5]). Clause 4.1A, 4.2A, 4.2B and 4.2C show insertion and amendment dates (2016, 2013, 2017, 2022 etc). For instance, cl 4.2A was amended 2013 (426), Sch 1 and 2016 and 2022 entries. Clause 4.2C was inserted 2016 and then amended (Ins 2016 (179), Sch 1[5]; Am 2016 (331), Sch 1[7]; 2022 (832), Sch 1.24[4] [5] [7]).
Repeals and not adopted provisions: Several clauses are shown as "Not adopted" or "Not applicable" (for example cl 4.3 Height of buildings; cl 4.4 Floor space ratio; cl 4.5 Calculation of FSR; cl 5.6 Architectural roof features; cl 5.7 Development below mean high water mark). Clause 6.2 is recorded as repealed (cl 6.2: Rep 2021 (225), Sch 1). Clause 5.9AA is recorded as repealed (note). Clause 1.7(1AA) is repealed (cl 1.7).
Schedule and other changes: Schedule 4 shows amendments (sch 4: Am 2015 (58), cl 4(1)(2); 2019 (273), cl 4). Schedule 1 was amended in 2019 (sch 1: Am 2019 (357), cl 4(1)). Clause 5.24 and 5.25 were substituted 2023 (cl 5.24: Subst 2023 (458), Sch 1[4]; cl 5.25: Subst 2023 (458), Sch 1[4]).
How to read the amendment notes
The amendment annotations in the Plan indicate where the text records that a clause was inserted, amended or repealed and cite the amending Gazette/Act schedule and year. Those parenthetical citations (for example "Am 2016 (331), Sch 1[1]") are the Plan’s own internal references to the instrument that amended it. They are the Plan’s only explicit amendment history within the text provided.
Implications for practice
Practitioners must check the most recent consolidated version and the NSW Legislation website for the full, up‑to‑date amendment track because the Plan’s text itself records amendments at clause level but does not provide a complete chronological narrative beyond those notes. The presence of "Not adopted" entries indicates that some standard LEP provisions were purposefully left blank or are regulated by other instruments.
Litigation history
The Plan text itself does not cite or summarise any court or tribunal decisions. There are no cases named in the instrument. What that means for practice:
Absence of cases in the Plan: The instrument contains no litigation summaries, no appeal outcomes and no authorities. It therefore does not record jurisprudential interpretations of its clauses or of how the Council has applied particular discretionary provisions in contested decisions.
Practical consequence: Merits reviews, Class 1 proceedings and judicial review matters will be determined under the Environmental Planning and Assessment Act and administered in the Land and Environment Court or Tribunal. Because the Plan includes discretionary and fact‑sensitive clauses (for example cl 4.6 exceptions to development standards; cl 5.10 heritage assessments; cl 5.21 flood planning), application of those clauses in contested proceedings will depend on how tribunals and courts have interpreted equivalent clauses in other LEPs and under the Act. The Plan itself does not provide case law guidance.
What practitioners should do: In the absence of Plan‑specific litigation history, rely on general planning and LEP jurisprudence under the Environmental Planning and Assessment Act, consult recent Land and Environment Court decisions on comparable LEP clauses (for example on the cl 4.6 style "exceptions" test) and check Council practice notes and past development control orders. Also verify whether there are appeal decisions or internal Council determinations relevant to heritage items, minimum lot sizes, or aquaculture in Uralla through judicial databases or Council records.
In short, the Plan carries no embedded litigation history and practitioners must look to general planning jurisprudence and local Council practice for precedent in interpreting and contesting applications made under this Plan.
Gotchas
The Plan contains several specific traps for the unwary. These are concrete, clause‑based points that commonly cause application errors or unexpected outcomes:
Maps control outcome but are not printed on the clause text
Many critical controls are map‑based (Land Zoning Map, Lot Size Map, Heritage Map, Drinking Water Catchment Map). Clause 1.7 treats maps as adopted instruments and requires electronic availability. Practitioners relying on an offline or outdated map may be using the wrong zoning or lot size. Always cross‑check the current maps on the NSW Planning Portal (cl 1.7; cl 1.3; cl 2.2; cl 4.1(2)).
Savings provision reverses expected effect for pending DAs
If a DA was lodged before the Plan commenced and not finally determined, cl 1.8A requires it be decided as if the Plan had not commenced. Applicants who assume the new Plan applies to their pending DA will be mistaken; conversely, opponents should note that the old instrument may still be the operative control for a pending matter.
Suspension of covenants is limited and excludes important instruments
Clause 1.9A suspends private covenants to the extent necessary to permit Plan‑consistent development, but it excludes covenants imposed by Council, many Crown land and conservation instruments (for example conservation agreements under the National Parks and Wildlife Act 1974, property vegetation plans under the Native Vegetation Act 2003, biobanking agreements under the now‑repealed Part 7A of the Threatened Species Conservation Act 1995), and planning agreements (cl 1.9A(2)(a)-(g)). Do not assume a private covenant has no effect until you check these exclusions.
Exempt and complying development are curtailed in environmentally sensitive areas
Exempt/com‑plying development is not permitted on environmentally sensitive areas (cl 3.3). A development that would otherwise be exempt under Schedule 2 or State Codes may still require consent because the land is mapped as sensitive.
Height, FSR and some other numerical standards are "Not adopted"
Clauses 4.3-4.5 (height, floor space ratio and their calculations) are marked "Not adopted." The absence of numeric controls does not mean unlimited development; it means the Plan does not set these standards and assessment must be against zone objectives and other applicable controls. Applicants should expect Council to apply design tests and possibly DCP controls, and should check whether state SEPPs apply.
Exception to standards is procedural and limited
Clause 4.6 allows departures from development standards but requires the applicant to demonstrate that compliance is unreasonable or unnecessary and that there are sufficient environmental planning grounds. It also excludes departures for certain rural and conservation subdivisions that would create multiple undersized lots (cl 4.6(6)) and excludes standards tied to complying development, BASIX commitments and specific clauses (cl 4.6(8)). The planning regulation requires a documented justification to accompany such applications.
Heritage triggers are broad and consultation‑heavy
Development consent is required for altering or demolishing heritage items, Aboriginal objects or buildings in heritage conservation areas (cl 5.10(2)). The consent authority may require a heritage management document or conservation management plan (cl 5.10(5)-(6)) and must notify the Heritage Council or local Aboriginal communities in specified circumstances (cl 5.10(7)-(9)). Failure to do so can delay determinations or invalidate procedural legality.
Aquaculture and intensive livestock have capacity and location limits
Intensive livestock development below certain capacity thresholds may be exempt from consent but only outside specified exclusion zones, distances from watercourses and other farms (cl 5.18(4)-(5)). Aquaculture has detailed pond design, discharge and species requirements in cl 5.19 and Schedule 6. Overlooking those operational requirements or the need to comply with aquaculture industry development plans can be fatal to an application.
Music and licensed premises protection has a caveat
Clause 5.20 prevents consent being refused for licensed premises on grounds connected to the playing or performance of music or dance, but only if the consent authority is satisfied noise can be managed to an acceptable level (cl 5.20(1)-(2)). Applicants should prepare noise management documentation; opponents should focus on the adequacy of noise management.
Ownership and subdivision nuance
Clauses addressing strata/community title and boundary changes (4.1AA, 4.2B, 4.2C) contain conditions that may prevent subdivision even where zone objectives would seem to allow it (for example preventing creation of lots below mapped minima or preventing additional dwelling entitlements). Also, the prohibition in cl 2.6(2) on granting consent for subdivision that separates a secondary dwelling from its principal dwelling unless minimum lot sizes are met is a specific technical constraint.
These “gotchas” are procedural and mapping traps. The consistent mitigation strategy is to check current maps and the Plan’s Schedules, assemble the required specialist technical documents at lodgement (heritage impact statements, noise management, aquaculture operations, flood risk assessments), and verify excluded covenants and Crown instruments before assuming a power to displace restraints.
How to comply
This section sets out a stepwise compliance checklist and drafting‑oriented tasks tied to specific clauses to reduce application risk. It is a practical sequence for applicants and advisers.
Establish the site’s mapped status
Check the Land Application Map, Land Zoning Map, Lot Size Map, Heritage Map, Drinking Water Catchment Map and any other Plan maps on the NSW Planning Portal to confirm zone, minimum lot size, any heritage listings and whether the site falls in a drinking water catchment or environmentally sensitive area (see cl 1.3, cl 2.2, cl 4.1(2) and cl 5.10 notes).
Determine the planning pathway
If the proposed works fall within the Land Use Table’s "permitted without consent" items for the zone, confirm any other approvals required (the Plan notes such development remains subject to Part 5 environmental assessment and approvals of the Act, cl 2.3(1) note).
If the proposed works are listed as "permitted with consent" engage the Council DA pathway (cl 2.3).
If the works match Schedule 2 (exempt) or Schedule 3 (complying) check the conditions and state SEPP codes that apply (cl 3.1-3.2). Remember environmentally sensitive area exclusions in cl 3.3.
For temporary uses note the 52‑day limit unless the Plan says otherwise (cl 2.8).
Identify statutory and sectoral overlays
Where relevant, determine if the site is in a flood planning area (cl 5.21) or in a drinking water catchment (cl 6.3) and prepare the specific assessments required by those clauses.
For aquaculture or intensive livestock, read cl 5.19, cl 5.18 and Schedule 6 and identify whether your proposal meets the operational/site location requirements, capacity thresholds and exclusion zones. Provide a management strategy where required (cl 5.19(3), Sch 6).
Prepare required technical documents at lodgement
Heritage: If the site contains a heritage item or lies in a heritage conservation area, prepare a heritage management document or conservation management plan where appropriate (cl 5.10(5)-(6)). Anticipate the Council’s notification obligations (cl 5.10(7)-(9)).
Flooding: Address the flood compatibility tests in cl 5.21(2)-(3), and reference the "Considering Flooding in Land Use Planning Guideline" and the Flood Risk Management Manual as appropriate (cl 5.21(4)-(5)).
Noise and licensed premises: For live music or venues, provide noise management and mitigation measures to demonstrate the noise can be managed to an acceptable level (cl 5.20(2)).
Intensive livestock/aquaculture: Provide environmental assessment statements around odour, water pollution, soil degradation, proximity to dwellings/watercourses, and proposed mitigation (cl 5.18(3), cl 5.19(2)-(3)).
Exceptions to standards: If seeking to contravene a development standard, prepare the statutory justification required by cl 4.6(3) and the supporting document mandated by the Environmental Planning and Assessment Regulation 2021 (cl 4.6 Note).
Check restrictive instruments and Crown interests
Verify if there are registered covenants or planning agreements; cl 1.9A suspends some covenants but excludes many instruments (cl 1.9A(2)-(3)). Check Crown land instruments and any biobanking/conservation agreements that will survive the Plan’s suspension power.
Consult early and document notifications
For heritage and Aboriginal places, undertake early consultation with the Heritage Council and local Aboriginal communities as provided by cl 5.10(7)-(9) and cl 5.10(8)(a)-(b).
For any development that may affect drinking water catchments or protected areas, consult the relevant water and environmental agencies and document their input as part of the DA.
Address public notification and consent conditions
Anticipate conditions tied to heritage conservation, environmental management and restoration following temporary uses (cl 2.8(3)(d) and cl 5.10(10)). For temporary sales offices the Plan allows extensions (cl 2.8(4)) and the exclusion to restoration obligations for those sales offices (cl 2.8(5)).
Keep records and anticipate challenge
Where the consent sought relies on a cl 4.6 exceptions pathway, the consent authority must keep a record of the assessment (cl 4.6(4)). Ensure the documentation lodged provides a robust record of planning grounds, environmental assessment and mitigation.
Engage the right approvals beyond the Plan
Confirm whether the proposal also needs approvals under other Acts referenced in the Plan: Heritage Act (for State heritage items), Fisheries Management Act (for aquaculture licences), Crown Land licences, Local Government Act matters for reclassification of public land (cl 5.2), and Land Acquisition Act considerations if reservations affect the land (cl 5.1).
Practical checklist on lodgement
Current maps printouts and legal property description (matching map IDs).
Land Use Table entry and proposed use classification.
Lot size compliance or subdivision justification, including community or strata title path where relevant (cl 4.1, 4.1AA, 4.1A, 4.2B).
Heritage impact statement or heritage management plan if Schedule 5 item or area affected (cl 5.10).
Flood and water quality assessments for flood planning area and drinking water catchment sites (cl 5.21; cl 6.3).
Noise management plan for licensed premises/music (cl 5.20).
Aquaculture or intensive livestock environmental management plans if applicable (cl 5.19, cl 5.18 and Sch 6).
If proposing contravention of development standards, a cl 4.6 justification document in the format required by the Regulation (cl 4.6 Note).
Evidence regarding covenants, title searches and any crown or conservation instruments (cl 1.9A).
Any required consultations with Heritage Council, Aboriginal communities, water authorities and relevant State agencies (cl 5.10(7)-(9); cl 6.3).
Following this sequence and assembling the clause‑specific documents significantly reduces the risk of a refusal or a procedural challenge. The Plan’s structure prioritises mapped controls, so starting with an accurate map‑based analysis and then layering the technical assessments is the most efficient compliance pathway.
(f) to provide for flexibility in applying certain development standards, where compliance with such standards may be unreasonable or unnecessary in the circumstances of a particular development, and there is sufficient justification for varying the standards on environmental planning grounds.
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1 Notes
1 Notes
1.5 Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1 Consent authority
1 Consent authority
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1 Maps
1 Maps
1.7 Maps
(1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(1AA) (Repealed)
(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4) For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
1 Repeal of planning instruments applying to land
1 Repeal of planning instruments applying to land
1.8 Repeal of planning instruments applying to land
(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
Note.
The following local environmental plans are repealed under this provision—
Uralla Local Environmental Plan 1988
(2) All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
1 Savings provision relating to development applications
1 Savings provision relating to development applications
1.8A Savings provision relating to development applications
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
Note.
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
cl 1.8A: Am 2019 (621), Sch 5[1].
1 Application of SEPPs
1 Application of SEPPs
1.9 Application of SEPPs
(1) This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
(2) The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
State Environmental Planning Policy (Rural Lands) 2008 (clause 9)
1 Suspension of covenants, agreements and instruments
1 Suspension of covenants, agreements and instruments
1.9A Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2) This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
(3) This clause does not affect the rights or interests of any public authority under any registered instrument.
(4) Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2019 (621), Sch 5[2]–[4].
Part 2 Permitted or prohibited development
Part 2 Permitted or prohibited development
Part 2 Permitted or prohibited development
2 Land use zones
2 Land use zones
2.1 Land use zones
The land use zones under this Plan are as follows—
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2 Zone objectives and Land Use Table
2 Zone objectives and Land Use Table
2.3 Zone objectives and Land Use Table
(1) The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3) In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4) This clause is subject to the other provisions of this Plan.
Notes.
2
1
Schedule 1 sets out additional permitted uses for particular land.
2
2
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
2
3
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
2
4
Clause 2.6 requires consent for subdivision of land.
2
5
Part 5 contains other provisions which require consent for particular development.
2 Unzoned land
2 Unzoned land
2.4 Unzoned land
(1) Development may be carried out on unzoned land only with development consent.
(2) In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2 Additional permitted uses for particular land
2 Additional permitted uses for particular land
2.5 Additional permitted uses for particular land
(1) Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2) This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2 Subdivision—consent requirements
2 Subdivision—consent requirements
2.6 Subdivision—consent requirements
(1) Land to which this Plan applies may be subdivided, but only with development consent.
Notes.
(2) Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note.
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
2
1
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2
2
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
2 Demolition requires development consent
2 Demolition requires development consent
2.7 Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
2 Temporary use of land
2 Temporary use of land
2.8 Temporary use of land
(1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
(2) Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.
(3) Development consent must not be granted unless the consent authority is satisfied that—
(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c) the temporary use and location of any s
This is an opening excerpt, not the complete document.