Yass Valley Local Environmental Plan (Parkwood) 2020
In ForceNSW
Jurisdiction
New South Wales
Act Number
422 of 2020
Collection
regulation
Plain English Summary
7/10 complexity
This Local Environmental Plan replaces earlier local plans for Parkwood and sets the legal framework for land use: zoning, permitted and prohibited activities, consent requirements, minimum lot sizes, environmental overlays and urban release controls tied to maps and schedules. It affects landowners, developers, Yass Valley Council and State agencies by deciding who may develop land, what approvals and services are required, and what environmental, heritage and infrastructure conditions must be met—shifting costs, approval risk and development choices.
This instrument is a local environmental plan for the Parkwood area within Yass Valley, setting zoning, consent rules and a local layer of development controls that operate within the broader Environmental Planning and Assessment Act framework. The Plan commences on publication on the NSW legislation website (cl 1.1AA) and applies to the land shown on the Land Application Map (cl 1.3). Its stated aims include enabling urban release, sequencing of infrastructure, protection of ecological and cultural values and promotion of arts and cultural land uses (cl 1.2).
Mechanically, the Plan:
establishes zones (R1, SP1, C2, C3) and prescribes the Land Use Table outcomes for each zone, including what is permitted with or without consent and what is prohibited (Part 2; cl 2.1, 2.3; Land Use Table);
requires development consent for subdivision and demolition except where otherwise exempted (cl 2.6, cl 2.7);
creates a regime for exempt and complying development tied to Schedule 2 and Schedule 3 and cross-referencing State SEPPs (cl 3.1-3.3);
imposes principal development standards and minimum lot sizes, with a Lot Size Map determining numerical minima and specified exceptions and localised carve-outs (cl 4.1, 4.1AA, 4.1A, 7.9);
imposes urban release area processes including mandatory Development Control Plan (DCP) requirements, public infrastructure arrangements and planning secretary certification where land is to be subdivided into smaller lots than previously allowed (Part 6; cl 6.2-6.4);
embeds local environmental safeguards: stormwater and biodiversity assessment requirements, groundwater vulnerability considerations, flood planning and floodplain risk management clauses (cl 7.3; cl 7.4; cl 7.5; cl 5.21; cl 7.10);
Current sections
Direct links to the current provisions in Yass Valley Local Environmental Plan (Parkwood) 2020.
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
Attached dwellings; Bee keeping; Boarding houses; Centre-based child care facilities; Community facilities; Dwelling houses; Group homes; Hostels; Liquid fuel depots; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
4
Prohibited
4 Prohibited
4 Prohibited
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Caravan parks; Cemeteries; Correctional centres; Crematoria; Extractive industries; Forestry; Freight transport facilities; General industries; Heavy industrial storage establishments; Heavy industries; Helipads; Heliports; Highway service centres; Home occupations (sex services); Industrial retail outlets; Mortuaries; Open cut mining; Rural industries; Sewage treatment plants; Sex services premises; Waste or resource management facilities
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.
Note 1.
When this Plan was made, it did not include any of these zones.
Note 2.
If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning and Public Spaces is required to take action to enable the designation of the acquiring authority under this clause. Pending the designation of the acquiring authority for the land, the acquiring authority is to be the authority determined by order of the Minister for Planning and Public Spaces (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991).
Part 6
Urban release areas
Part 6 Urban release areas
Part 6 Urban release areas
6
Definitions
6 Definitions
6.1 Definitions
In this Part—
designated State public infrastructure means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds—
(a) State and regional roads,
(b) bus interchanges and bus lanes,
(c) land required for regional open space,
(d) land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes).
public utility infrastructure, in relation to an urban release area, includes infrastructure for any of the following—
(a) the supply of water,
(b) the supply of electricity,
(c) the disposal and management of sewage.
urban release area means an area of land shown hatched and marked “Urban Release Area” on the Urban Release Area Map.
(1) The objective of this clause is 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.
(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 development that is permitted without consent under this Plan or to development for which development consent has been given.
(3) In deciding whether to grant development consent for earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters—
(a) the likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development,
(b) the effect of the development on the likely future use or redevelopment of the land,
(c) the quality of the fill or the soil to be excavated, or both,
(d) the effect of the development on the existing and likely amenity of adjoining properties,
(e) the source of 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 waterway, 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.
Classification and reclassification of public land
Schedule 4 Classification and reclassification of public land
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
Schedule 5
Environmental heritage
Schedule 5 Environmental heritage
Schedule 5 Environmental heritage
(Clause 5.10)
Schedule 6
Pond-based and tank-based aquaculture
Schedule 6 Pond-based and tank-based aquaculture
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Division 1
Site location requirements
Division 1 Site location requirements
Division 1 Site location requirements
Division 2
Operational requirements
Division 2 Operational requirements
Division 2 Operational requirements
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 Yass Valley Local Environmental Plan (Parkwood) 2020.
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 Yass Valley known as Parkwood 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 achieve an economically, environmentally and socially sustainable urban development within Parkwood,
(b) to facilitate the orderly growth of the Parkwood urban release area in a manner that promotes a high level of residential amenity and the timely provision of physical and social infrastructure, through appropriate phasing of the development of land,
(c) to identify, protect and manage environmentally and culturally sensitive areas within Parkwood,
(d) to minimise land conflict,
(e) to ensure that urban development is carried out in an orderly and coordinated manner.
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
mandates heritage processes and consultation requirements for Aboriginal heritage and archaeological sites (cl 5.10);
contains localised, site-specific clauses and additional permitted uses for identified lots (Schedule 1, cl 7.6-7.9; cl 7.12-7.13);
includes sector-specific rules for aquaculture in Schedule 6 and a clause preventing canal estate development (cl 5.19; cl 2.9); and
prescribes that the Council is the consent authority for the Plan land subject to the Act (cl 1.6).
The Plan frequently references external maps (Land Zoning Map, Lot Size Map, Terrestrial Biodiversity Map, Flood Planning Map, Urban Release Area Map, Local Clauses Map, Heritage Map) so its numeric limits and spatial constraints are implemented by reference to those maps (cl 1.7, multiple clauses). Many standard State instruments retain primacy where applicable (cl 1.9).
Main concepts
The document layers local planning rules over the Act and State SEPPs to manage an anticipated urban release while protecting defined conservation values. The central organising concepts follow familiar planning architecture: zoning, development consent, exemptions/compliant development, principal development standards, and local clauses tailored to particular sites.
Zoning and permitted uses
The Plan sets out a compact set of zones: R1 General Residential, SP1 Special Activities, C2 Environmental Conservation and C3 Environmental Management (cl 2.1, cl 2.2). The Land Use Table specifies objectives, what is permitted without consent, permitted with consent and prohibited uses per zone (cl 2.3; Land Use Table).
Development consent gating
Subdivision, demolition, and many changes of use require development consent (cl 2.6, cl 2.7). The consent authority is the Council unless the Act provides otherwise (cl 1.6). The Plan also cross-references State SEPP exemptions and complying development regimes (cl 3.1-3.2).
Minimum lot sizes and exceptions
Minimum lot sizes for subdivision are enforced by reference to a Lot Size Map (cl 4.1). The Plan creates exceptions and additional clauses for community title schemes and split-zone lots (cl 4.1AA, cl 4.1A). There are carve-outs for particular addresses (cl 7.9).
Urban release governance
Urban release areas are mapped, and development in those areas cannot proceed until a DCP has been prepared addressing staging, transport hierarchy, landscaping, water sensitive urban design, essential services and other matters (cl 6.1-6.4). For subdivisions creating lots smaller than pre-urban-release minima, a written certification from the Planning Secretary that “satisfactory arrangements” have been made for designated State public infrastructure is required (cl 6.2(2)).
Environmental and heritage protections
The Plan includes clauses aimed at protecting biodiversity, groundwater, stormwater quality and the conservation corridor along the Murrumbidgee River and Ginninderra Creek, and requires specific assessments and mitigation (cl 7.3; cl 7.4; cl 7.5; cl 7.12; cl 7.13). Heritage consent processes and notification obligations for archaeological sites and Aboriginal places are provided (cl 5.10). The Plan lists one Aboriginal place of local heritage significance (Schedule 5, AH1).
Sector-specific rules and prohibitions
The Plan prohibits canal estate development (cl 2.9). It provides detailed operating and siting rules for pond/tank and oyster aquaculture (cl 5.19, Schedule 6). It protects live music and performance venues from being refused consent on some design and music-related grounds, subject to noise being manageable (cl 5.20).
Maps and external documents as operative inputs
Numerous provisions operate by reference to maps and external policy or technical documents, including the Considering Flooding in Land Use Planning Guideline and the Flood Risk Management Manual for flood-related assessments (cl 5.21(4)-(5)). The Lot Size Map, Land Zoning Map, Heritage Map and Terrestrial Biodiversity Map determine how the Plan’s textual standards apply spatially (cl 1.7; many clauses).
Interplay with State law
The Plan is explicitly subject to State environmental planning policies that prevail under section 3.28 of the Act (cl 1.9(1)). It defers to the State SEPPs for exempt and complying development where applicable, and references the Act and regulations for procedural requirements (cl 3.1-3.2).
Who it affects
The Plan affects a range of actors with concrete decision-making and cost implications. The principal parties are:
Landowners and prospective developers in the Parkwood area
They must comply with zone-specific permitted uses, minimum lot sizes on the Lot Size Map and local clauses such as biodiversity, flood, and conservation interface requirements (cl 2.3; cl 4.1; cl 7.4; cl 5.21; cl 7.12). Subdivisions and residential development in urban release areas cannot proceed without meeting DCP requirements and, in some cases, a Planning Secretary certificate that “satisfactory arrangements” exist for designated State public infrastructure (cl 6.2-6.4). Developers face assessment obligations, possible condition requirements and the need to fund or arrange infrastructure contributions or timing mechanisms, although the Plan does not prescribe a single financing mechanism.
Yass Valley Council, as the consent authority
The Council is the consent authority for Plan land, subject to the Act (cl 1.6). The Council decides development applications, imposes conditions, and enforces consent requirements. The Plan also empowers the Council to require heritage management documents and conservation management plans before consent (cl 5.10(5)-(6)). The Council must satisfy itself that essential services are or will be available prior to granting consent (cl 7.11) and must ensure a DCP exists before urban release area development is approved (cl 6.4).
The Planning Secretary and State agencies
The Planning Secretary has a specific certification role for subdivisions in urban release areas where smaller-than-previous minimum lots are proposed (cl 6.2(2)). Designated State public infrastructure items are defined and include State and regional roads and land for regional open space, schools and hospitals (cl 6.1). State agencies will remain relevant where State SEPPs prevail or where State infrastructure is involved (cl 1.9; cl 6.1).
Public utilities and service providers
Public utility infrastructure must be available or arrangements must be in place for urban release area development (cl 6.3). The Plan requires essential services to be available or have arrangements for availability before consent (cl 7.11). Operators of water, electricity and sewerage infrastructure will therefore be engaged at the planning or DCP stage.
Conservation and Aboriginal stakeholders
The Plan requires heritage and Aboriginal place consultation in certain circumstances (cl 5.10(7)-(9)). It also identifies a conservation corridor along the Murrumbidgee River and Ginninderra Creek and places obligations on development to avoid adverse impacts (cl 7.12-7.13; Schedule 5 includes Ginninderry Conservation Corridor, AH1).
Specific local operators
The Tharwa Sands quarry and Parkwood Egg Farm are both named. The Plan imposes requirements to consider impacts on and from these operations before consenting to nearby development (cl 6.4(3A)(a); cl 7.6-7.8). This affects quarry and farm operations by eliciting assessment of noise, vibration, emissions and potential land use conflict.
Licensed premises and live-music operators
Clause 5.20 restricts the grounds on which the consent authority may refuse consent to licensed premises based solely on music, dancing, stage orientation or related décor, provided noise can be managed to acceptable levels. That alters the assessment levers available to local authorities and neighbouring parties.
Aquaculture industry participants
The Schedule 6 rules, and clause 5.19, set minimum siting and operational requirements for pond-based and tank-based aquaculture. Oyster aquaculture has additional assessment considerations and may be exempt in priority oyster areas (cl 5.19; Schedule 6).
Parties with an interest in public land classification
The Plan classifies or reclassifies public land as operational or community land by Schedule 4, and provides the Council with the power to make those classifications consistent with the Local Government Act (cl 5.2).
Who pays
The Plan creates duties that will often impose costs on developers and landowners: preparing biodiversity and heritage assessments, designing water sensitive urban design, meeting essential services and staging requirements, and potentially contributing to designated State public infrastructure where the Planning Secretary requires certification (cl 6.2; cl 6.4(3A)(ix); cl 7.11). The Plan does not itself prescribe a single financing mechanism for infrastructure contributions, leaving funding arrangements to the processes it requires the Planning Secretary or consent authorities to certify.
Who decides
The Council is the primary decision maker on development applications (cl 1.6). The Planning Secretary has a discrete certification role for certain urban release subdivisions (cl 6.2(2)). State SEPPs and the Act will override where they prevail (cl 1.9).
Key duties and rights
Duties to obtain development consent
Subdivision and demolition generally require development consent (cl 2.6; cl 2.7). Exempt and complying development regimes may alter that but only where the development and site meet the criteria in cl 3.1-3.3 and applicable State SEPPs.
Consent authority decision obligations
The consent authority must have regard to zone objectives (cl 2.3(2)), and specific clauses prescribe additional matters the consent authority must be satisfied of before granting consent. Examples:
In urban release areas, a DCP must be prepared covering staging, transport hierarchy, landscaping, water sensitive urban design and service provision before consent is granted (cl 6.4(2)-(3A)).
For pond/tank aquaculture, the consent authority must be satisfied the site complies with Schedule 6 location and operational requirements (cl 5.19(2)).
For heritage items, the consent authority must consider effect on heritage significance and may require heritage management documents, conservation management plans, and specific consultations for archaeological and Aboriginal heritage matters (cl 5.10(4)-(9)).
Notification and consultation duties
For archaeological sites (where not State-listed), the consent authority must notify the Heritage Council and consider any response within 28 days (cl 5.10(7)). For Aboriginal places of heritage significance, the consent authority must carry out an adequate investigation, notify local Aboriginal communities in an appropriate manner and have regard to responses within 28 days (cl 5.10(8)).
Standards that cannot be used to refuse
Consent authorities are expressly barred from refusing consent to licensed premises on enumerated non-technical features such as genre of music, whether music is live or amplified, whether there is dancing or a dance floor, stage orientation or decorative elements (cl 5.20(1)). They also must not refuse on grounds of noise from playing music if satisfied the noise may be managed to an acceptable level (cl 5.20(2)). This creates a duty to assess noise management measures rather than to reject based on artistic or entertainment characteristics.
Environmental protection duties
Applicants and consent authorities must demonstrate that developments in biodiversity, groundwater vulnerable areas and stormwater-affected residential zones will avoid, minimise or mitigate significant adverse impacts (cl 7.4(3)-(4); cl 7.5(3)-(4); cl 7.3(3)). The Plan gives priority to protecting ecological values along mapped corridors and demands design to avoid direct urban stormwater entering C2 lands (cl 7.12(3)(b)-(d)).
Rights to development incentives
The consent authority may grant consent to otherwise prohibited uses if it is satisfied that conservation incentives are achieved, including where conservation would be facilitated and necessary conservation works will be required by condition (cl 5.10(10)). This creates a conditional right to negotiated development in exchange for conservation works.
Infrastructure availability conditions
The Plan makes consent contingent on availability or adequate arrangements for public utility infrastructure and essential services in urban release areas (cl 6.3; cl 7.11). The effect is that a right to build is conditional on evidence of service delivery or credible arrangements.
Mapped rights and limitations
The Plan implements many decisions by reference to maps. Rights to proceed without consent or to a particular minimum lot size are determined by the Lot Size Map, Land Zoning Map, Terrestrial Biodiversity Map, Flood Planning Map and Urban Release Area Map (cl 1.7; cl 4.1; many clauses).
Discretion and record-keeping requirements
The Plan permits the consent authority to exercise discretion, for example under the exceptions to development standards clause which allows contravention of a development standard where compliance is unreasonable or unnecessary and environmental planning grounds justify it, subject to record-keeping obligations (cl 4.6(2)-(4)). The consent authority must keep a record of assessments under cl 4.6(4).
Site-specific rights
Schedule 1 creates site-specific permitted uses subject to conditions. For example, Item 1 permits depots or waste/resource management facilities at 298 Parkwood Road only if carried out by or on behalf of a public authority and subject to site area, servicing and environmental conditions (Schedule 1(1)-(3)). Item 2 permits bed and breakfast, eco-tourist facilities, extensive agriculture and related uses at 527 Parkwood Road but only on lots created under cl 7.9 and subject to non-adverse impact on ecological values (Schedule 1(2)-(3)).
Penalties and enforcement
The Plan sets out consent requirements and procedural duties; it does not itself list pecuniary penalties or specific enforcement sanctions within the text provided. Enforcement and penalties for breaches of development consent, unauthorised works, or non-compliance with the Act remain matters governed by the Environmental Planning and Assessment Act 1979 and its regulations. Relevant pointers in the Plan:
The Plan repeatedly requires development consent for certain activities and ties the consent regime to the Act and State SEPPs (cl 2.6; cl 2.7; cl 3.1; cl 1.9). Non‑compliance with these consent requirements therefore engages the enforcement powers, offences and remedies under the Act and the Environmental Planning and Assessment Regulation 2021, which sit outside the Plan text itself.
The consent authority role is allocated to the Council (cl 1.6). That means administration, assessment, conditions and enforcement actions for breaches of consent will be executed by the Council under the Act. The Plan also requires the consent authority to keep records for assessments under certain clauses (cl 4.6(4)), which supports audit and enforcement.
Several clauses create particular statutory preconditions before consent can lawfully be granted, such as Planning Secretary certification for certain urban release subdivisions (cl 6.2(2)), preparation of a DCP covering specified matters before urban release development consent (cl 6.4(2)), and heritage consultation and notification steps before granting consent in certain cases (cl 5.10(7)-(9)). Failure to follow these preconditions could render grants of consent legally vulnerable and open to remedy under the Act.
For Aboriginal and archaeological matters, the consent authority must notify statutory bodies and local communities and consider their responses (cl 5.10(7)-(9)). Non-compliance with these statutory consultation duties risks procedural challenges.
The Plan creates site-specific constraints, for example the prohibition on canal estate development (cl 2.9), and functional requirements such as essential services being available or arranged for development (cl 7.11). Where development proceeds contrary to these limits, enforcement action would be taken under the Act and relevant regulations.
Practical enforcement implication
Practitioners should assume enforcement and penalty mechanisms are those available under the Environmental Planning and Assessment Act and associated regulations, such as orders to stop work, remediation orders, penalties for carrying out unauthorised development and civil enforcement, rather than expecting additional sanction regimes inside this Plan. Where the Plan requires consultation or certification steps, a failure to observe them creates grounds for administrative challenge to any consent granted.
How it interacts with other laws
Explicit primacy and references
The Plan is expressly subject to State environmental planning policies that prevail under section 3.28 of the Act (cl 1.9(1)). It cross-references multiple State SEPPs and other Acts such as the Heritage Act 1977, Rural Fires Act 1997, Fisheries Management Act 1994 and Local Government Act 1993 across its provisions (for example cl 3.1; cl 5.11; cl 5.19; cl 5.12; cl 5.2).
Maps and external technical guidance
Flooding provisions require the consent authority to use, and apply terms from, the Considering Flooding in Land Use Planning Guideline and the Flood Risk Management Manual (cl 5.21(4)-(5)). The Plan’s mapping regime operates alongside the Standard technical requirements for LEP maps and LEP GIS data as specified by the Department (cl 1.7 Note).
Interaction with the Act
The Plan operates within the Act’s procedural and enforcement framework. It repeatedly references that certain development is permitted or prohibited “for the purposes of this Plan” and that the consent authority is subject to the Act (cl 1.6; cl 2.3(4); cl 1.9(1)). The Plan does not create its own criminal or civil enforcement regime but relies on the Act and its regulations for enforcement.
Local Government Act interface
Clause 5.2 permits the Council to classify or reclassify public land as operational land or community land in accordance with Part 2 of Chapter 6 of the Local Government Act 1993. Clause 5.1 specifies which State authority will be the relevant acquiring authority under the Land Acquisition (Just Terms Compensation) Act 1991, creating interactions with land acquisition law.
Heritage and Aboriginal law
The Plan references the Heritage Act 1977 for State-listed heritage items and the requirement that exempt/compliant development not be carried out where the State Heritage Register or interim heritage order applies (cl 3.1(3)(d)). For Aboriginal heritage, the Plan requires notification and consideration of local Aboriginal communities when development is proposed in an Aboriginal place of heritage significance (cl 5.10(8)). These obligations interact with statutory protections under the Heritage Act and other Indigenous cultural heritage frameworks.
Rural Fires and bushfire planning
Clause 5.11 permits bush fire hazard reduction work under the Rural Fires Act 1997 to be carried out without development consent, and the Plan incorporates bush fire management as a design requirement in parts dealing with conservation interface and urban release areas (cl 7.12(3)(f); cl 6.4(3A)(d)(ii)). The Plan defers to regulations and documents prescribed by the Environmental Planning and Assessment Regulation 2021 for “Planning for Bush Fire Protection” references (cl 7.12(4)).
State SEPPs and Exempt/Complying regimes
The Plan acknowledges that State SEPPs such as the Exempt and Complying Development Codes Policy continue to specify exempt and complying development and that this local Plan supplements, but does not supersede, those State instruments (cl 3.1 Note; Schedule 2 Note; Schedule 3 Note). The Plan also lists particular State SEPPs that may be relevant in the Land Use Table (Land Use Table notes).
Land acquisition and infrastructure
For owner-initiated acquisition provisions under the Land Acquisition (Just Terms Compensation) Act 1991, the Plan nominates which State authority will be the acquirer for specified land types on the Land Reservation Acquisition Map (cl 5.1(2)). Where a designation is not specified, the acquiring authority will be determined under the Act (cl 5.1(2) Note 2). This interacts with acquisition law and the obligations to acquire for public purposes.
Environment and fisheries law
Aquaculture provisions show interaction with the Fisheries Management Act and aquaculture industry development plans. The Plan defers to the Fisheries Management Act’s regulation and to industry development plans and strategies for oyster aquaculture and intensive aquaculture definitions (cl 5.19; Schedule 6).
Practical consequences
Because the Plan relies on maps, external manuals and State instruments, compliance requires cross-referencing multiple sources. For flood, heritage, biodiversity, aquaculture, and exempt/compliant development, practitioners must consult the Act, the identified SEPPs, the Plan’s maps and the named technical guidance documents. The Plan’s local constraints may add layers of obligation on top of State law rather than replacing State rules.
Amendment history
The Plan contains embedded amendment annotations and specific clause insertions showing a recent amendment history. The principal amendment markers in the text are as follows, with the clause references and source notes included in the Plan text:
Commencement: clause 1.1AA inserted to state the Plan commences on publication on the NSW legislation website. (cl 1.1AA)
Savings provision: clause 1.8A is an insertion in 2023 that provides a savings rule for development applications made but not finally determined before the commencement of the State Environmental Planning Policy Amendment (Flood Planning) 2023 (cl 1.8A; Ins 2023 (609), Sch 2.29[1]).
Minimum subdivision lot sizes and associated exceptions were amended in 2024 and 2023:
Clause 4.1 carries the note "cl 4.1: Am 2024 (42), Sch 1.53[1]-[3]" indicating amendments in 2024.
Clause 4.1AA was inserted and annotated "cl 4.1AA: Am 2024 (42), Sch 1.53[2]" showing a 2024 amendment creating minimum lot size rules for community title schemes.
Clause 4.1A includes "cl 4.1A: Am 2024 (42), Sch 1.53[1] [2]" to show that exceptions to minimum lot sizes for split zones were amended in 2024.
Clause 4.2A (erection of dwelling houses on certain conservation zones) was amended in 2024 (cl 4.2A: Am 2024 (42), Sch 1.53[2]).
Clause 4.6 (exceptions to development standards) includes references to the Environmental Planning and Assessment Regulation 2021 for the document accompanying applications that contravene development standards (cl 4.6(3) Note), and clause 4.6 contains repeals/insertions as per context.
Part 6 urban release area clause 6.2 was amended in 2023, noted "cl 6.2: Am 2023 (554), Sch 2.44."
Clause 6.4 (Development control plan for urban release areas) shows several amendments, including those made in 2024, annotated "cl 6.4: Am 2024 (42), Sch 1.53[1] [2] [4]" and earlier 2023 amendments adding 6.4(3A) in 2023 (Am 2023 (554) Sch 2.44) likely to capture quarry impacts and other matters.
Clause 7.9 (Exception to minimum lot sizes for certain land at 527 Parkwood Road) includes an amendment note "cl 7.9: Am 2024 (42), Sch 1.53[1]."
Clause 7.10 (Floodplain risk management) carries amendment notes "cl 7.10: Am 2023 (609), Sch 2.29[2]" linked to the 2023 flood-related legislative changes.
Clause 7.12 (Conservation and urban interface) shows amendments in 2023 and 2024, annotated "cl 7.12: Am 2023 (83), Sch 1.12; 2024 (42), Sch 1.53[1]."
Clause 5.4 (controls relating to miscellaneous permissible uses) shows an amendment note "cl 5.4: Am 2023 (458), Sch 1[1]" adding or updating permitted area thresholds such as neighbourhood supermarket size (cl 5.4(7AA)).
Clause 5.8 concerning conversion of fire alarms remains in place with no annotated repeal in the provided text.
Schedule and clause repeals: some clauses are marked Not adopted or Repealed, for example cl 7.2 was repealed in 2021 ("cl 7.2: Rep 2021 (225), Sch 1").
The embedded amendment notes are the Plan’s only record of its amendment history within the provided text. Practitioners need to consult the consolidated NSW legislation database for the official legislative instrument history and the precise text versions, including the schedules and map versions. The Plan’s amendments show active updates around flood planning (2023), urban release matters and lot size rules (2023-2024), and miscellaneous thresholds (2023).
Litigation history
The text of the Plan provided contains no judicial decisions, case names or litigation history. It does not record any court challenges, declaratory proceedings or appeal outcomes. Where the Plan refers to the Act and to procedures that may be judicially reviewable,such as the Planning Secretary’s certification in cl 6.2, or the consent authority’s assessment under cl 4.6 (exceptions to development standards) and cl 5.10 (heritage),those processes can, in principle, be the subject of merits review or judicial review under the Act and associated administrative law, but no cases or decisions are cited in the Plan itself.
Practical implication
Because the Plan text is silent on litigation history, practitioners should treat any legal risk as deriving from ordinary avenues: merits appeal mechanisms under the Act, potential NSW Land and Environment Court challenges to development consents, and judicial review in appropriate circumstances. Any precedential interpretation of the Plan’s clauses would be found in external case law, which is not provided in this document.
Gotchas
Several provisions in the Plan create practical traps for developers, Council officers, and advisers. The following are concrete, source-grounded points to watch.
Mapping dependence and off-page detail
Many operative rules rely on external maps and documents: Lot Size Map, Land Zoning Map, Terrestrial Biodiversity Map, Flood Planning Map, Urban Release Area Map, Local Clauses Map and Heritage Map (cl 1.7; cl 4.1; cl 7.4; cl 5.21; cl 6.1). The numerical minima or the presence of a constraint do not appear in the text of the Plan. Practitioners must retrieve each map and the referenced external manuals to determine applicable limits. Failure to consult the maps will lead to incorrect assumptions about lot sizes, biodiversity overlays and flood planning classifications.
Urban release gating and sequencing
Development in urban release areas cannot proceed without a DCP that covers detailed staging, transport, water sensitive urban design, services and other matters (cl 6.4(2)-(3A)). The DCP is a precondition to consent for urban release area development, which delays build-programmes. Additionally, subdivisions creating lots smaller than the pre-urban-release minimum require the Planning Secretary’s written certification that “satisfactory arrangements” for designated State public infrastructure have been made before consent can be granted (cl 6.2(2)). That Secretary certification is a separate administrative step outside Council’s control and may cause timing and uncertainty.
Minimum lot size exceptions that are tightly circumscribed
Clause 4.1A and Localised exceptions (cl 7.14) permit subdividing split-zone lots only where the resulting lots meet precise spatial tests. The plan also contains a site-specific exception at cl 7.9 that allows lots of a particular 3-5 hectare size only under prescribed conditions. These tailored exceptions are narrower than a general discretion and can be misread as broader than they are.
Clauses 7.12 and 7.13 require that development avoid adverse impacts on the ecological, visual and cultural values of C2 lands and incorporate water-sensitive urban design before discharging stormwater to C2 lands (cl 7.12(3)(a)-(c)). Consent will be refused unless the consent authority is satisfied of these performance outcomes. A development that relies on off-site offsetting without on-site design measures risks refusal.
Heritage and Aboriginal consultation steps are prescriptive
For archaeological sites and Aboriginal places of heritage significance, the Plan requires notification to statutory bodies and local Aboriginal communities and consideration of responses within 28 days (cl 5.10(7)-(9)). These are procedural preconditions that must be timed and documented. Failing to do so can make consents vulnerable to challenge.
Exempt and complying development schedules are blank or limited
Schedule 2 (Exempt development) and Schedule 3 (Complying development) are, when the Plan was made, effectively blank save for notes referring to State SEPPs. That means practitioners cannot rely on local LEP text for exempt or complying categories beyond what State policy provides (cl 3.1-3.2; Schedule 2 Note; Schedule 3 Note).
Music protection is conditional
Clause 5.20 prevents refusal based on music-related characteristics but only where noise can be managed to an acceptable level (cl 5.20(2)). Applicants must therefore present credible noise management plans and evidence. The clause reduces the scope for refusals based purely on subjectivity about musical genre, but noise management remains an objective gating factor.
Site-specific permitted uses can be limited to public authorities
Schedule 1 Item 1 permits depots or waste/resource management facilities at 298 Parkwood Road only if carried out by or on behalf of a public authority and subject to size, servicing, and environmental clauses (Schedule 1(2)-(3)). Private sector expectations that a local permissible use exists should be tested against these site-specific constraints.
Aquaculture rules require cross-referencing industry plans and other Acts
Clause 5.19 and Schedule 6 refer to aquaculture industry development plans and the Fisheries Management Act and Regulation and set specific technical constraints such as exclusion from particular conservation areas, pump‑and‑dry capabilities for ponds used in intensive aquaculture and no freshwater discharge to natural waterbodies except where allowed (cl 5.19; Schedule 6(3)-(4)). Aquaculture projects must be assessed against these and fisheries licensing requirements.
Flood planning is multi-document and climate‑aware
Clause 5.21 requires consideration of projected climate-change effects, evacuation capacity and flood behaviour and imports definitions from the Flood Risk Management Manual and the Considering Flooding in Land Use Planning Guideline (cl 5.21(1)-(5)). Flood assessments must therefore be forward-looking and use the specified technical guides.
Site specificity and multiple local overlays
Several clauses apply only to particular lots (cl 7.6-7.9, Schedule 1 Items). Developers who assume a uniform regime across the Plan area risk missing these localized constraints or permissions.
How to comply
Practical, staged approach for applicants, advisers and Council officers based on the Plan text:
Establish spatial applicability and baseline constraints
Obtain and review the relevant maps cited throughout the Plan before any design or feasibility work: Land Zoning Map, Lot Size Map, Urban Release Area Map, Terrestrial Biodiversity Map, Flood Planning Map, Local Clauses Map and Heritage Map (cl 1.7; specified in multiple clauses). Confirm zone, lot-size minimum, biodiversity overlay, flood planning and urban release status for the parcel.
Confirm permissibility under the Land Use Table
Check the Land Use Table entries for the zone (cl 2.3; Land Use Table). Determine whether the proposed use is permitted with or without consent, and whether it is excluded or prohibited. If the use is not specified, it is treated by the Table as "any other development not specified in item 2 or 3" with implications for consent.
For subdivisions, check minimum lot sizes and exceptions early
If subdivision is proposed, confirm the minimum lot size on the Lot Size Map and apply cl 4.1. If the lot crosses zones or is within an area with split-zone exceptions, examine cl 4.1A and cl 7.14 for applicable exceptions. For community title schemes, read cl 4.1AA for further rules. For the special exception at 527 Parkwood Road, confirm whether cl 7.9 applies.
Urban release area submissions
If the land is in an urban release area, do not expect consent without a DCP in place that addresses the detailed matters in cl 6.4(3) and cl 6.4(3A). Early engagement with Council and the Planning Secretary is prudent. If proposing a lot smaller than previous minima, secure Planning Secretary certification that satisfactory arrangements for designated State public infrastructure have been made before lodging a subdivision application (cl 6.2(2)).
Services and infrastructure
Demonstrate the availability of essential services or arrangements for their provision as required by cl 6.3 and cl 7.11. Compile service provider letters or infrastructure agreement evidence. The Plan requires the consent authority to be satisfied of these matters before granting consent (cl 6.3(1); cl 7.11).
Environmental assessments
For any development on land mapped as biodiversity, groundwater vulnerable or within the Conservation and Urban Interface area, commission fauna/flora and ecological impact assessments, groundwater impact analyses, and detailed stormwater and water sensitive urban design proposals. These are required for the consent authority to be satisfied that impacts are avoided, minimised or mitigated (cl 7.4; cl 7.5; cl 7.12).
Flood and evacuation planning
Where the site is in the flood planning area or near the PMF line, carry out flood risk assessments using the Considering Flooding in Land Use Planning Guideline and Flood Risk Management Manual, address projected climate-change impacts and ensure designs protect evacuation capacity (cl 5.21(3)-(5); cl 7.10). Provide evacuation strategies and demonstrate safe occupation criteria.
Heritage and Aboriginal consultation
Where work affects heritage items, Aboriginal places or archaeological sites, obtain heritage assessments, provide the Heritage Council with notice for archaeological sites where required, and notify and consult with local Aboriginal communities for Aboriginal places as mandated in cl 5.10(5)-(9). Prepare a heritage management document or conservation management plan where required, and include any conservation works as consent conditions if using conservation incentives (cl 5.10(5)-(6); cl 5.10(10)).
Noise and entertainment venues
If proposing licensed premises with live music, prepare a noise management plan and demonstrate technical measures to manage and minimise music noise to acceptable levels, because cl 5.20 prevents refusals on music-related characteristics only where noise can be managed (cl 5.20(2)).
Aquaculture compliance
For pond-based, tank-based or oyster aquaculture, meet Site Location and Operational Requirements in Schedule 6 and cl 5.19, including exclusion zones, pond design requirements and discharge rules. Reference aquaculture industry development plans and fisheries licensing obligations (cl 5.19; Schedule 6).
Complying and exempt pathways
Do not assume local LEP text grants exempt or complying status. Cross-check with State SEPPs and the Exempt and Complying Development Codes Policy for state-wide exempt/compliant categories. If relying on complying development, ensure the development is permissible in the zone and meets Building Code and regulatory conditions (cl 3.1-3.2).
Procedural record-keeping and timing
Prepare the documents required by cl 4.6 where contraventions of development standards are proposed, including the evidence demonstrating unreasonable or unnecessary compliance and the environmental planning grounds. The consent authority must keep a record of the assessment (cl 4.6(3)-(4)). Anticipate 28‑day notification windows under the heritage clauses where relevant (cl 5.10(7)-(9)).
Site-specific conditions and additional permitted uses
If your proposal sits on a property identified in Schedule 1 or the local clauses (cl 7.6-7.9; Schedule 1 Items 1-3), confirm the site-specific requirements and the limited circumstances under which additional uses are permitted, such as the public authority requirement for Item 1 at 298 Parkwood Road (Schedule 1(2)).
Early engagement
Engage with Council early to confirm the DCP timetable (if in an urban release area), available service arrangements and likely conditions. Where Planning Secretary certification is required, engage the Department early as certification is a separate step (cl 6.2(2)).
Record, condition and compliance
If consent is granted with conditions requiring conservation works, infrastructure staging or monitoring (for example, ISO 14000 measures for eco-tourist facilities, cl 5.13(3)(k)(v)), ensure those works and ongoing obligations are fully costed and contracted, and provide evidence to Council where necessary. Maintain records demanded by cl 4.6 and ensure any required heritage or Aboriginal consultation is documented.
In sum: compliance under this Plan is map-dependent and process-driven. The key compliance levers are spatial verification against the Plan’s maps, demonstration of services and infrastructure arrangements, ecology and heritage assessments, a DCP for urban release areas, Planning Secretary certification where required, and adherence to the specific operational or siting rules in Schedules such as Schedule 6 for aquaculture. Early, targeted information gathering and engagement with Council and State agencies reduces timing risk and increases the likelihood that conditions will be acceptable and implementable.
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.
(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
A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.
cl 1.8A: Ins 2023 (609), Sch 2.29[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—
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—
Residential Zones
R1 General Residential
Special Purpose Zones
SP1 Special Activities
Conservation Zones
C2 Environmental Conservation
C3 Environmental Management
2 Zoning of land to which Plan applies
2 Zoning of land to which Plan applies
2.2 Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2 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 structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
(4) Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
(5) Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
2 Canal estate development prohibited
2 Canal estate development prohibited
2.9 Canal estate development prohibited
(1) Canal estate development is prohibited on land to which this Plan applies.
(2) In this Plan, canal estate development means development that involves—
(a) a constructed canal, or other waterway or waterbody, that—
(i) is inundated by surface water or groundwater movement, or
(ii) drains to a waterway or waterbody by surface water or groundwater movement, and
(b) the erection of a dwelling, and
(c) one or both of the following—
(i) the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,
(ii) excavation to create a waterway.
(3) Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—
(a) carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and
(b) limited to the minimum reasonable size and capacity.
(4) In this clause—
flood planning area has the same meaning as in clause 5.21.
pt Land Use Table
pt Land Use Table
Land Use Table
Note—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Housing) 2021
State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
State Environmental Planning Policy (Primary Production) 2021, Chapter 2
Zone R1 General Residential
Zone SP1 Special Activities
Zone C2 Environmental Conservation
Zone C3 Environmental Management
1 Objectives of zone
1 Objectives of zone
1 Objectives of zone
• To provide for the housing needs of the community.
• To provide for a variety of housing types and densities.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To promote a variety of urban development that reflects the character of the area.
2 Permitted without consent
2 Permitted without consent
2 Permitted without consent
Environmental protection works; Home-based child care; Home businesses; Home occupations
3 Permitted with consent
3 Permitted with consent
3 Permitted with consent
Attached dwellings; Bee keeping; Boarding houses; Centre-based child care facilities; Community facilities; Dwelling houses; Group homes; Hostels; Liquid fuel depots; Multi dwell
This is an opening excerpt, not the complete document.