Local Environmental Plan (LEP)

A Local Environmental Plan (LEP) is a legal document under Part 3 of the Environmental Planning and Assessment (EP&A) Act 1979, which:

• implements the land use vision and planning priorities set out within the regional and local strategic planning statement (LSPS).
• guides planning decisions for local government areas; and
• establishes land use zones and associated objectives, to achieve appropriate development outcomes.
• include other planning provisions that control the form and location of new development and protect open space and environmentally sensitive areas.

All Councils within NSW are required by law to have an LEP.

On 31 March 2006, the NSW Government gazetted a ‘Standard Instrument’ for preparing new LEPs. It is a 'template' for the preparation of LEP's and contains standard zoning names, land use table, planning provisions and dictionary terms.

The Standard Instrument provisions can be amended by NSW Government, which will in turn amend all council LEPs that are based on the Standard Instrument.

The Shoalhaven LEP 2014 became effective on 22 April 2014, replacing the Shoalhaven LEP 1985. This followed two extensive periods of community consultation, with public exhibitions held from July-October 2011 and April-May 2013.

Landowners and the community were given the opportunity to make submissions on the Draft LEP during each exhibition period, which were widely advertised by way of:

• Notification letters in Rates Notices (2011)
• Newspaper advertisements
• Email and letters to registered stakeholders (community consultative bodies, industry stakeholders, State Government agencies and interested community members)
• Community information sessions

For more detailed information regarding the citywide LEP process, click here.

The Shoalhaven local government area has three LEP’s that apply;

Shoalhaven Local Environmental Plan 2014

This is the principal LEP that applies to the whole of the Shoalhaven local government area.

Shoalhaven Local Environmental Plan (Jerberra Estate) 2014

The Jerberra Estate LEP is a ‘stand alone’ LEP. This LEP only applies to the Jerberra Estate and no other LEP applies to the area to which it applies.

Shoalhaven Local Environmental Plan 1985

The Shoalhaven Local Environmental Plan 1985 applies to development within certain “deferred areas” within the Shoalhaven (Culburra Beach, Wollumboola, Kinghorn and Callala Bay).

Shoalhaven Interim Development Order No.1

The Shoalhaven Interim Development Order No.1 applies to part of the "deferred" land at Sussex Inlet.

Deferred areas are parcels of land that were deferred from inclusion in the Shoalhaven LEP as they required further investigations. Current investigations for these areas will continue in order to determine the most appropriate zoning which will then be applied through a future amendment to the LEP.

The Shoalhaven Local Environmental Plan 1985 applies to certain land at Culburra Beach, Wollumboola, Kinghorne and Callala Bay.

The Shoalhaven Interim Development Order No. 1 applies to certain land at Sussex Inlet.

Part 2 of Shoalhaven LEP contains the Land Use Table for each zone. If you know your property zoning, the Shoalhaven LEP Land Use Table can be used to determine the following;

• Objectives of the zone
• Permitted without consent (i.e. you do not need approval from Council, however, approvals, licences or permits from other public authorities may still be required)
• Permitted with consent (i.e. you need Council approval before commencing the activity or development)
• Prohibited (i.e. the land use is not allowed in the zone)

To determine your property zoning, the Shoalhaven LEP Interactive Mapping can be used to search your property. Additionally, the Shoalhaven LEP Matrix provides this information in a concise table.

Exempt and complying development provides a streamlined assessment process for development that complies with specified standards set out within State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (SEPP) and local environmental plans, removing the need for a formal development application.

Most exempt and complying development is set by State Government though the SEPP, however, Council is also able to include additional types of exempt and complying development in a local environmental plan. Although development consent is not required, approvals, licences or permits from other public authorities may be required.

The Shoalhaven LEP lists the following types of development in Schedule 2 Exempt development:

• Dairying (pasture-based)
• Horticulture
• Lighting (external)
• Private electricity service pole/post
• Solid fuel heaters (including oil-fired appliances)
• Temporary events on public land and public roads and associated temporary structures

Schedule 3 Complying development of the Shoalhaven LEP does not currently list any complying development. As such, all complying development must be in accordance with the SEPP.

In order to construct a dwelling in any zone, a dwelling entitlement must exist.

RU5 and Residential zones (excluding R5 land)

Dwelling houses are permitted in all residential zones with the exception of the R3 Medium Density Residential zone, where higher density forms of housing are permissible e.g. multi dwelling housing, residential flat buildings.

With the exception of land in the R5 Large Lot Residential zone, all land with a residential zoning has a dwelling entitlement.

R5, Rural and Environmental Protection zones

For R5, rural and environmental protection zones, a dwelling entitlement needs to be established before a dwelling could be considered on the land.

All land that meets the minimum lot size has a dwelling entitlement. Clause 4.2D(3) of the LEP outlines other circumstances in which a dwelling entitlement may exist.

For further information regarding dwelling entitlements, including Dwelling Entitlement Potential Search (DEPS) process, click here.

Commercial and Mixed Use zones

While single dwelling houses are generally not permitted in the commercial and mixed use zones, other forms of housing such as ‘shop top housing’ may be permissible.

The Dictionary found at the end of the Shoalhaven Local Environmental Plan provides definitions for each LEP term.

Zoning maps can be accessed here.

Clause 4.3 of the Shoalhaven Local Environmental Plan (LEP) sets a maximum building height of up to 11 metres across the city.

Some areas may have different height limits. These are shown on:

• the Height of Buildings Map
• the Incentive Heights of Buildings Map

Both maps are available on the Shoalhaven LEP maps page

If your property isn’t mapped, the default maximum height of 11 metres applies.

Other factors like character, amenity and solar access (for example) may also affect the height you can build.

The Riparian Land and Watercourses map overlay is based on mapping prepared by State Government using large scale topographical maps. Due to the scale, the maps may not be accurate at an individual property level. As such, the watercourse mapping is indicative only and is used to flag the possibility of a watercourse being located on a property which should be considered when developing the land. Clause 7.6 Riparian Land and Watercourses of the Shoalhaven LEP sets out the matters that should be considered.

The NSW Rural Fire Service is the lead agency for bush fires in NSW and as such, Shoalhaven LEP does not include a bush fire map layer or provisions relating to bush fire.

You can check whether a property is bush fire prone on the RFS’s website.

You can find more information about:

• Bushfire prone land
• Development application process

To minimise our impact on natural resources, Council aims to reduce the amount of paper by operating electronically where possible. As such, Council does not produce hard copies or CDs of the Shoalhaven LEP.

The notified instrument and maps are available from the NSW Legislation website. It is noted that the State Government's Standard Instrument maps have been designed to be viewed electronically rather than as paper maps.