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2.1.1	Overview
2.1.2	Environmental Planning Instruments (EPIs)
2.1.3	Local Environmental Plans (LEPs)
2.1.3a	The New LEP Making Process (The 'Gateway' Process)
2.1.3b	The Standard LEP
2.1.4	State Environmental Planning Policies (SEPPs)
2.1.5	Other planning documents

2.1.3b The Standard LEP

2.1.3b.1 The Standard Instrument

2.1.3b.1.1 What is a Local Environmental Plan?

LEPs are a type of Environmental Planning Instrument (EPI). EPIs are legal documents that control development and set out how land is to be used. They can relate to a Local Government Area such as LEPs, or they can relate to the whole or part of the State such as State Environmental Planning Policies (SEPPs).

LEPs are usually prepared by local councils and guide planning decisions for Local Government Areas. They do this by allocating 'zones' to different parcels of land. Each zone has a number of objectives, which indicate the principal purpose of the land, such as agriculture, residential or industry. Each zone also lists which developments are permitted with consent, permitted without consent, or prohibited.

All land, whether privately owned, leased or publicly owned, is subject to the controls set out in the applicable LEP so it is a very important document. LEPs determine the form and location of new development, and provide for the protection of open space and environmentally sensitive areas.

While LEPs are a key planning document, it is important to remember that their provisions can be overridden by SEPPs so they do not provide the final word on what kind of development is allowed in each zone. For example, a LEP might prohibit residential development in a particular zone. But a SEPP might allow such development if it achieves one of the SEPP's aims. This is because SEPPs tend to deal with matters of State significance and can override local planning controls in order to deliver State significant development or State planning objectives.

LEPs and Part 3A (now repealed)

The provisions in LEPs can also be overridden by approvals granted under Part 3A of the Environmental Planning and Assessment Act 1979 (EPA Act).

For example, where a project is approved under Part 3A, the provisions of a LEP generally do not apply to or in respect of that approval.1 There is one key exception to this rule, and that is where the project relates to land that is located within an environmentally sensitive area of State significance or a sensitive coastal location and that type of development is prohibited under the applicable LEP.2

However, the Minister for Planning can amend a LEP in order to authorise a project approved under Part 3A. The Minister can do this by publishing an order in the NSW Government Gazette either removing or modifying any provision in the LEP that prohibits or restricts the development.3

Regional Strategies also impact on LEPs. The Standard Instrument (discussed below) contains a clause that states:

This Plan is subject to the provisions of any State environmental planning policy and any regional environmental plan that prevail over this Plan.4

The Planning Minister has issued a direction that requires some draft LEPs to be consistent with the relevant regional strategy.5

LEPs and SSD/SSI

The provisions in LEPs can also be overridden by approvals granted under Part 4.1 (State Significant Development) and 5.1 of the EPA Act (State Significant Infrastructure).6

SSD is still governed by EPIs to some extent. Where an EPI wholly prohibits the development on the relevant land, consent cannot be granted to that development.7 Where an EPI only partly prohibits the development, consent may be granted.8

However, a development application for SSD that is wholly or partly prohibited by an EPI can be accompanied by a proposed change to the EPI to permit the carrying out of the development.9 In other words, where the development would otherwise be prohibited, the developer can apply to have the EPI changed so that this prohibition no longer applies. The Director-General can also propose changes to a LEP for the purposes of permitting the development of an otherwise prohibited SSD.10

Where an LEP needs to be amended to facilitate SSD, only the Planning Assessment Commission can approve the amendment.11 Further, only the PAC can determine the development application for SSD that requires an amendment to a LEP.12

2.1.3b.1.2 What is the Standard Instrument?

Traditionally, LEPs have tended to differ markedly between different Local Government Areas, with each council creating its own zones, zone objectives and permissible uses for each zone. This inconsistency of terminology was problematic as it often created confusion for developers and the community. Some local councils also had multiple LEPs operating at the same time which made it difficult to know which planning controls applied to a given piece of land.

In 2005, the NSW Government changed the law to require the standardisation of LEPs.

The amendments allow the Planning Minister to stipulate the form and content of a LEP by issuing a 'standard instrument'. The Standard Instrument itself is not a LEP. Rather, it is a template outlining the form, and to some extent, the content that all LEPs must adopt. It includes directions as to how some of the provisions are to be applied and indicates whether they are compulsory or optional provisions.

All councils will use the Standard Instrument to prepare a new principal LEP for their Local Government Area. This was to be completed by 2011, however a revised timeline has been issued. So far, few Local Government Areas have LEPs in line with the Standard Instrument.

Directions from the Minister for Planning

The Minister for Planning can issue directions (known as 'section 117 Ministerial Directions') that local councils must follow when preparing new LEPs.13 The directions cover six broad categories: employment and resources; environment and heritage; housing, infrastructure and urban development; hazard and risk; regional planning; and local plan making.

2.1.3b.1.3 What provisions does the Standard Instrument contain?

The Standard Instrument is a template which contains a number of compulsory and optional provisions. Each council will need to 'fill in the gaps' of the template and decide which of the standard zones will apply to which land in the Local Government Area.

Zones

The Standard Instrument contains 35 different zones. These zones are grouped under 8 broad headings; rural zones, residential zones, business zones, industrial zones, special purpose zones, recreation zones, environment protection zones and waterway zones.14

The choice of zone should reflect the primary intended use of the land.

It is important to note that the council cannot create any new zones or sub zones in addition to those that are set out in the Standard Instrument. It must pick a zone from the 35 provided in the Standard Instrument to apply to the land in question.

Overlays

Planning overlays are used where a number of planning responses are required to manage multiple values on the one piece of land. For example a 'water supply area' overlay could identify land within a water supply catchment on a map (which may include land in several different zones), and set out detailed additional considerations or standards that must be applied before consent can be granted to a development application.15

Some overlays constitute environmental overlays that recognise that land is, for example, in a water supply catchment, or contains a wildlife corridor. Others recognise that the land is naturally constrained or subject to a particular hazard, for example, flood prone land or land in a high bush fire risk area. Overlay provisions can apply to land that is in several different zones.

Any overlay provisions will apply in addition to the objectives and land use table for the zone. The provisions can set out extra considerations that a decision-maker must take into account before approving development in that zone. However, the overlay cannot alter the permissible or prohibited uses that are set out in the Standard Instrument and must be consistent with those uses.

You might suggest the use of overlays to recognise environmentally sensitive or constrained land where that land is zoned for development purposes.

Land Use Table

The Standard Instrument contains a Land Use Table which sets out the objectives of each zone and the types of development that are:

(a) Permitted without consent;

(b) Permitted with consent; or

(c) Prohibited.

For example: Zone E3 Environmental Management states:

1 Objectives of zone

• To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.
• To provide for a limited range of development that does not have an adverse effect on those values.

2 Permitted without consent

Home occupations

3 Permitted with consent

Dwelling houses

4 Prohibited

Industries; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3.

Each zone may also have additional directions that clarify how certain developments should be dealt with under the zone. For the E3 Environmental Management zone, the additional directions state that:

The following must be included as either "Permitted without consent" or "Permitted with consent" for this zone:

• Environmental protection works
• Roads

Home industries, kiosks, cellar door premises, neighbourhood shops and roadside stalls may (but need not) be included as permitted with consent.

Miscellaneous provisions

The Standard Instrument contains a number of important miscellaneous provisions that relate to matters such as the classification of public land, development within the coastal zone, development below the mean high water mark, heritage conservation, the preservation of trees and vegetation and bush fire hazard reduction.16 Some of these provisions are optional and some are compulsory.

2.1.3b.1.4 Can councils change the zone objectives?

Councils are permitted to add additional objectives to a zone to reflect particular local objectives of development, but the added objectives must be consistent with the core objectives as set out in the Table.

Objectives are an important part of zoning as they provide a context that helps to interpret the rest of the zone's provisions. For example, it may be unclear as to whether a particular development is allowed in the zone and in such cases the objectives will help to decide the matter.

The Standard Instrument requires the decision-maker to 'have regard' to the zone objectives when deciding whether to approve a certain development in the zone.17 This contrasts with some existing LEPs that require the decision-maker to act consistently with the zone objectives.

For example, the Standard Instrument contains a compulsory clause that states:

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 zon e.18

Whereas the current LEP for Byron Bay states:

Except as otherwise provided by this plan, the council shall not grant consent to the carrying out of development on land to which this plan applies unless the Council is of the opinion that the carrying out of the development is consistent with the objectives of the zone within which the development is proposed to be carried out.19

The provision in the Standard Instrument will have implications for challenging council decisions to approve developments that are clearly inconsistent with the zone objectives as the Standard Instrument dilutes the importance of the objectives in this regard.20

2.1.3b.1.5 Can councils change the types of development that are allowed in each zone?

Councils can add to the types of development that are permitted or prohibited in the zone. However, councils are not allowed to remove any types of development from the list contained in the Standard Instrument.

2.1.3b.2 What to look for when commenting on a draft LEP

Commenting on draft LEPs or planning proposals basically involves looking at the maps to see how land is zoned. The maps should indicate which of the 35 zones applies to given parcels of land. Then, by looking at the Land Use Table you can identify the objectives for the zone which will give you a general idea of what is planned for that piece of land. You can also see what types of development are going to be allowed in that zone and which developments (if any) are going to be prohibited.

When reviewing a draft LEP the first thing to do is to think about your local area. Decide what areas should be conserved, what areas are appropriate for residential development, what areas are appropriate for industry etc. Then look to see if this is reflected in the LEP zones.

For example, vegetation mapping will show areas of high conservation value and endangered ecological communities. Are these areas given one of the 'environment protection' zones or are they given an industrial or other type of zone?

Also look to see what types of development are listed under each category, permitted without consent, permitted with consent and prohibited. Does the LEP allow development that is suitable for the area, or are the types of permissible development incompatible with the natural features of the land?

Remember, the council can only add developments to the permitted uses in the Standard Instrument, not remove them, so if the Standard Instrument allows for a type of development under a zone and you think that type of development is inappropriate for the land you cannot ask council to remove that type of development from the zone, but you can ask council to apply a more suitable zone.

Outlined below are some questions you should ask yourself when you are analysing the new draft LEP for your area.

2.1.3b.2.1 Has the council changed zone objectives or zone uses?

Zone objectives are the 'teeth' of a LEP as they guide decision-makers when deciding whether particular development should be approved in a zone. Councils can add additional objectives and uses to the standard zones in order to adapt the Standard Instrument to local conditions.

If council inserts new objectives, those objectives must be consistent with the existing objectives set out in the Standard Instrument. If the new objectives, for example, strengthen the protection afforded to the environment there is concern that the objective might be rejected by the Minister as being inconsistent with the existing objectives. This would have the effect of placing an upper limit on what councils can do to protect land from particular hazards. Much will depend on whether the added objectives are approved by the Planning Minister and early indications are that additional objectives are not readily approved.21

The council can add to the Standard Instrument types of development that are permissible or prohibited in each zone. You might suggest developments that should or should not be allowed in a particular zone. You might also suggest that council include a particular development in the 'permissible with consent' category rather than the 'permissible without consent' category as this will ensure that council retains some control over whether development of that type can actually go ahead in the zone.

Council cannot remove types of development if they appear in the Standard Instrument so if you disagree with a certain type of development being allowed in a zone, there is nothing that council can do to remove it. However, council can add new types of development to the prohibited list for a zone and this may help strengthen the protection afforded by the zone.

2.1.3b.2.2 Are riparian areas, catchments and waterways appropriately protected?

There are three water zones. You will notice that they have different objectives. Each zone allows and prohibits different types of development. It is important that the 'W' zones are applied appropriately to reflect the current and future uses of the waterway. Water catchments require special protection as the health and sustainability of a town's drinking supply will depend on the health of the catchment overall.

Councils do not have to apply a 'W' zone to smaller waterways such as streams and intermittent creeks. Instead, they can zone the waterway the same as the adjacent land. The 'W' zones are generally intended to be applied to a waterways' channel and banks.22

Zone W1 Natural Waterways

The objectives of this zone are to protect the ecological and scenic values of natural waterways, to prevent development that would have an adverse effect on the natural values of waterways and to provide for sustainable fishing industries and recreational fishing.

This zone affords the greatest protection of all the three W zones although it will allow low-impact development to occur. It should be applied to important waterways, particularly those that contribute to town drinking supplies.

Zone W2 Recreational Waterways

The objectives of this zone are to protect the ecological, scenic and recreation values of recreational waterways, to allow for water-based recreation and related uses and to provide for sustainable fishing industries and recreational fishing.

The primary focus of this zone is to facilitate recreation such as boating and fishing. Developments that serve this purpose are permitted in the zone, including marinas. A number of high impact developments, including industry, are prohibited in the zone to protect the ecological and scenic values of the waterway. Keep in mind, though that marinas can be quite damaging for the environment so this zone should not be applied to high conservation waterways.

Zone W3 Working Waterways

The objectives of this zone are to enable the efficient movement and operation of commercial shipping, water-based transport and maritime industries, to promote the equitable use of waterways, including appropriate recreational uses, to minimise impacts on ecological values arising from the active use of waterways and to provide for sustainable fishing industries.

This zone should only be applied to waterways that are primarily used for shipping, port, transport and other uses.23

2.1.3b.2.3 Have environmental zones been appropriately applied?

There are a number of 'E' zones in the Standard Instrument. These zones are applied to land where the principal focus is the conservation or management of environmental values. The zones provide for varying levels of protection. It is therefore important to look at the objectives and permissible uses of each of these zones to ensure that they achieve desirable outcomes for the area and that the permissible uses are consistent with the objectives.

It is also important that these zones are applied to the right areas, with the more rigorous zones affording the most protection applied to the highest conservation value land. Look to see that this is the case, as applying the more stringent zones to areas that are not of high conservation value may mislead the community into thinking that the environment is being protected when it is not.

Zone E1 National Parks and Nature Reserves

The objectives of this zone are to enable the management and appropriate use of land that is reserved or acquired under the National Parks and Wildlife Act 1974, to enable uses authorised under that Act, to identify land that is to be reserved under the Act and to protect the environmental significance of that land.

This zone is for existing national parks, nature reserves and conservation areas and for new areas proposed for reservation that have been identified and agreed by the NSW Government.24

The Standard Instrument does not list any developments as either permitted with or without consent. Council may add some developments to this list. If it does so, be sure to check that the types of development that are added are consistent with the objectives of the zone.

Zone E2 Environmental Conservation

The objectives of this zone are to protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values and to prevent development that could destroy, damage or otherwise have an adverse effect on those values.

This zone is for areas outside the national parks and nature reserves and provides the highest level of protection for high conservation value lands without actually locking them up in the public reserve system. As such, development that is compatible with the preservation of these values will be allowed. Council will be able to add developments as permitted with or without consent. Look to see that council does not add any developments that would undermine the protection afforded to land zoned E2.

Zone E3 Environmental Management

The objectives of this zone are to protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values and to provide for a limited range of development that does not have an adverse effect on those values.

This zone does not provide the same level of protection as the E2 zone but it will still afford some protection from high impact developments. For example, dwelling houses are permitted with consent. This assumes that such developments will not have an adverse effect on the environmental values that the zone seeks to protect. Council can still refuse a dwelling house if it is likely to adversely affect the protected values.

This zone is also for areas that are subject to environmental hazards or processes that require careful management. This might include flood constrained land or bush fire prone land.

Zone E4Environmental Living

The objectives of this zone are to provide for low-impact residential development in areas with special ecological, scientific or aesthetic values and to ensure that residential development does not have an adverse effect on those values.

As with the E3 zone, any development is to be well located and designed so that it does not have an adverse effect on the environmental qualities of the land.

2.1.3b.2.4 Has flood prone land been appropriately zoned?

There is no 'flood prone' zone so flood prone land must be allocated a zone that is compatible with the flood prone nature of the land. Flooding is a natural hazard that might be recognised through the use of overlays. This allows the land to be zoned for a purpose but extra considerations must be taken into account before development can occur there. It might mean that certain development standards need to be adopted, for example, a requirement that buildings be constructed on stilts.

Ideally, there should be set-backs for development near rivers and other waterways.

The Standard Instrument contains a miscellaneous provision, clause 5.7, which is compulsory for LEPs that apply to land that contain tidal waters. The objective of clause 5.7 is to ensure appropriate environmental assessment for development carried out on land covered by tidal waters.

Where this provision applies, development consent is required to carry out development on any land below the mean high water mark of any body of water subject to tidal influence (including the bed of any such water).

2.1.3b.2.5 Does the LEP protect prime agricultural land?

There are a number of zones relating to agricultural land. It is important that these zones are placed over land that is of high agricultural value so that the future of our food supply is protected.

Check to see that prime agricultural land is zoned appropriately, given its productivity and other considerations. If subdivision is allowed over prime agricultural land it may be possible for the land to be turned into residential estates and the productivity of the land will be lost forever.

Also be aware that the Standard Instrument Principal LEP prescribes that Zone RU1 Primary Production allow extractive industries and open cut mining with consent. This will be discussed further below.

Zone RU1Primary Production

The objectives of this zone are to encourage sustainable primary industry production by maintaining and enhancing the natural resource base, to encourage diversity in primary industry enterprises and systems appropriate for the area, to minimise the fragmentation and alienation of resource lands and to minimise conflict between land uses within the zone and land uses within adjoining zones.

Extensive agriculture and home occupations are permitted without consent. 'Extensive agriculture' includes the commercial production of crops or fodder (including irrigated pasture and fodder crops), the commercial grazing of livestock, or bee keeping for commercial purposes.

Extensive agriculture does not include animal boarding or training establishments, aquaculture, farm forestry, intensive livestock agriculture or intensive plant agriculture.

Dwelling houses, extractive industries and mining are permitted with consent.

This is potentially problematic as mining and other extractive industries can have a negative impact on the productivity of agricultural land through subsidence and water contamination as well as competition over water resources. However, the council will not be able to remove these developments from this category so it will be possible for such developments to be approved in the zone.

It is also arguable that allowing mining in this zone does not meet the stated objective of minimising conflict between land uses but this will be a matter for the decision-maker to consider when deciding whether to approve a mine in an area zoned RU1.

No developments are prohibited outright under this zone, although your council might add some. You might like to suggest that the council add some developments that you believe are incompatible with primary production. A good example would be medium or high density residential developments.

Zone RU2Rural Landscape

The objectives of this zone are to encourage sustainable primary industry production by maintaining and enhancing the natural resource base, to maintain the rural landscape character of the land and to provide for a range of compatible land uses, including extensive agriculture.

This zone is generally intended for rural land with landscape values or land that has reduced agricultural capability due to gradient, soil type, vegetation, rock outcrops, salinity etc. but which is suitable for grazing and other forms of extensive agriculture.27

Extensive agriculture and home occupations are allowed without consent. Dwelling houses are allowed with consent.

Given that mining and extractive industries are not listed as permitted with consent under this zone, this zone actually provides greater protection for prime agricultural land than the RU1 Primary Production zone, unless your council adds mining as a type of development permitted under the zone.

Zone RU3 Forestry

The objectives of the zone are to enable development for forestry purposes and to enable other development that is compatible with forestry land uses, including roads.

The zone is generally intended to identify and protect land that is to be used for long-term forestry operations. An alternative zone might be the RU1 Primary Production zone.28

Where this zone applies, no development consent is needed to carry out uses that are authorised by the Forestry Act 1916. Such uses include permits to occupy land as the site of a sawmill or other building and for the purposes of charcoal burning or any other purpose approved by the Forestry Commission.29

Zone RU4 Rural Small Holdings

The objectives of this zone are to enable sustainable primary industry and other compatible land uses, to maintain the rural and scenic character of the land, to ensure that development does not unreasonably increase the demand for public services or public facilities and to minimise conflict between land uses within the zone and land uses within adjoining zones.

This zone should be applied to land intended for small-scale rural and primary industry production and emerging primary industries. This zone should not apply to land that is primarily residential in function and for this reason dwelling houses are only permitted with consent.

Zone RU5 Village

The objective of this zone is to provide for a range of land uses, services and facilities that are associated with a rural village.

Zone RU6 Transition

The objectives of this zone are to protect and maintain land that provides a transition between rural and other land uses and to minimise conflict between land uses within the zone and land uses within adjoining zones.

This zone should be applied to land that provides a buffer between rural land and land used for other uses such as residential uses.

2.1.3b.2.6 Are Lot sizes appropriate?

Minimum lot sizes for the subdivision of rural land are to be identified on the Lot Size Map which councils must prepare. Minimum lot size may vary within a zone, depending on how the Map is drawn.30

2.1.3b.2.7 Is the LEP informed by a comprehensive environmental study, including vegetation mapping?

It is important that each LEP is adapted to suit local conditions and that an evidence-based approach is taken to the allocation of zones.

If a comprehensive environmental study has not been prepared, ask why. If council is seeking to rely on a previous environmental study, are there any compelling reasons why the council should not rely on it? Is it still current?

In many cases councils do not legally have to prepare an environmental study but it is best practice to do so.

2.1.3b.2.8 Has public land been reclassified?

Public land is land that is under the control of council.31 When public land is acquired it is classified as either 'community land' or 'operational land'.

Community land includes parks, reserves and sports grounds. It is generally open to the public.32

Operational land is not open to the public but is often used for public purposes such as works depots. It may also be held as a temporary asset.33

Public land can be reclassified through a LEP - that is, changed from community land to operational land or from operational land to community land. The Standard Instrument provides for land to be reclassified under clause 5.2. All that is required is for council to place certain public land into the appropriate schedule. Operational land will appear in Part 1 or Part 2 of Schedule 4 and community land will appear in Part 3 of Schedule 4. This means that public land that was community land can be reclassified simply by being moved into Part 1 or 2 of Schedule 4.

If the council is reclassifying community land to operational land, it is important to note that the reclassification will enable the council to sell the land, as operational land can be sold whereas community land cannot. Operational land can also be developed for private use.

It is very important to note how public land is classified and ensure community land does not slip into operational land unnoticed.

2.1.3b.2.9 Has bush fire risk been adequately dealt with?

There is no zone that specifically acknowledges bush fire hazards. The Standard Instrument deals with bush fire risk through a compulsory miscellaneous provision. Clause 5.11 states that bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without consent.

The Rural Fires Act 1997 itself deals with the carrying out of development on bush fire prone land. Section 100B states that a bush fire safety authority can authorise the subdivision of bush fire prone land for residential or rural residential purposes. Before a development can be approved by the bush fire safety authority it must comply with standards regarding setbacks, provision of water supply and other matters considered by the Commissioner to be necessary to protect people, property or the environment from danger that may arise from a bush fire.34

You should decide whether the provisions of this clause (combined with the provisions of the Rural Fires Act ) are an adequate response to bush fire risk, particularly in light of climate change given that the intensity and frequency of bush fires in NSW is expected to increase. You may wish to suggest additional provisions to strengthen this clause, including overlays in areas that are zoned for residential development.

2.1.3b.2.10 Is heritage protected?

The Standard Instrument has a compulsory clause relating to the protection of heritage. The objectives of clause 5.10 are to conserve the environmental heritage of the relevant local government area, to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, settings and views, to conserve archaeological sites, and to conserve places of Aboriginal heritage significance.

The clause then sets out a number of activities that relate to heritage items for which consent must be granted. It also sets out a number of factors that the council must consider before granting consent to an activity that will affect the heritage significance of an item or place.

As this is a compulsory clause you do not need to check that it is included but you should still check to see if the provisions of this clause are sufficient to protect local heritage. If you think they could be improved, you could suggest that council includes additional objectives or additional provisions in this clause.

2.1.3b.2.11 Are trees and vegetation adequately protected?

The Standard Instrument has a clause that deals with trees and vegetation. The objective of clause 5.9 is to preserve the amenity of the area through the preservation of trees and other vegetation.

The clause requires people to get either a permit from council or development consent before they harm or remove certain trees. Before a tree is protected by this clause it must be included in council's Development Control Plan (DCP).

This is a compulsory clause, however subclause 9, which excludes things like the clearing of native vegetation authorised under the Native Vegetation Act 2003 or the Native Vegetation Conservation Act 1997, or the clearing of vegetation under the Forestry Act 1916 in certain zones. As this subclause is optional your council may choose not to include it. If you want to see this provision included in your LEP, your submission should say so. You may also suggest additional provisions such as additional objectives to strengthen the protection afforded by the clause. Also, the number and type of species protected by this clause will be in the DCP so you should suggest the species you think should be included.

2.1.3b.2.12 Has climate change been taken into account?

It is expected that impacts of climate change will include rising sea levels, increased coastal flooding and storm surges, and heightened bushfire risk.35 The risk and the likelihood each of these impacts occurring will differ from place to place. It is important to think about what the potential risks are and check to see whether the LEP has zoned vulnerable areas appropriately.

For example, are there coastal overlays that acknowledge the potential threats of rising seas? With regards to development in the coastal zone, the Standard Instrument states:

Consent must not be granted to development on land that is wholly or partly within the coastal zone unless the consent authority has considered the effect of coastal processes and coastal hazards and potential impacts, including sea level rise on the proposed development andarising from the proposed development.36

This is a compulsory provision for land that is within the coastal zone and represents one of only two references to climate change in the Standard Instrument. While this provision ensures that councils consider the impacts of the development on sea level rise (and vice versa), it is not a very strong planning response to the challenges posed by climate change.

The council is only required to 'consider' the impacts and so long as it does this, it satisfies the requirements of the provision. There is no requirement for the council to reject proposals that will impact adversely on coastal process or that will be, for example, likely to be affected by sea level rise in the future.

2.1.3b.2.13 Does the LEP reflect the Catchment Action Plan?

There are 13 Catchment Management Authorities covering NSW. They statutory bodies set up under legislation and each is named after the catchment that it covers -Western, Lower Murray Darling, Border Rivers/Gwydir, Namoi, Central West, Lachlan, Murrumbidgee, Murray, Northern Rivers, Hunter/Central Rivers, Hawkesbury Nepean, Sydney Metro and Southern Rivers.

Each CMA is responsible for coordinating natural resource management in its catchment. They do this in part by preparing Catchment Action Plans for the area which provide on the ground natural resource management information and guidance and allow for community input.

There is no requirement for the LEP to reflect the Catchment Action Plan or to even take account of it but it is worth looking at the Catchment Action Plan as it is likely to identify current and future natural resource challenges for your area and ideas about how these challenges can be met. As a source of information about your area, the Catchment Action Plan is likely to be very useful and you can refer to it in your submission.

1. EPA Act, s 75R(3) (now repealed).
2. EPA Regulation, cl 8N. The meaning of 'environmentally sensitive area of State significance' can be found in State Environmental Planning Policy (Major Projects) 2005, cl 3; the meaning of 'sensitive coastal location' can be found in State Environmental Planning Policy (Major Projects) 2005, cl 1 of Schedule 2.
3. EPA Act, s 75R(3A) (now repealed). The types of development that this section applies to are development that is an approved project and development that is a project for which a concept plan has been approved (whether or not approval has been granted for carrying out the project or any part of the project.
4. Standard Instrument, Principal LEP, cl 1.9 (1).
5. Direction No. 30 - Implementation of Regional Strategies. This direction applies to land to which the following regional strategies apply: Far North Coast Regional Strategy, Lower Hunter Regional Strategy, Illawarra Regional Strategy, and South Coast Regional Strategy.
6. SSD and SSI are defined in the SEPP (State and Regional Development) 2011 .
7. EPA Act, s 89E(2).
8. EPA Act, s 89E(3).
9. EPA Act, s 89E(5).
10. EPA Act, s 89E(5); EPA Act, Part 3 Division 4B.
11. EPA Act, s 89E(6).
12. EPA Act, s 89E(6).
13. EPA Act, s 117(2).
14. Standard Instrument, Principal LEP, cl 2.1
15. Department of Planning, LEP Practice Note, Standard Instrument for LEPs - Frequently Asked Questions.
16. Standard Instrument, Principal LEP, Part 5.
17. Standard Instrument, Principal LEP, cl 2.3 (2)
18. Standard Instrument, Principal LEP, cl 2.3(2).
19. Byron Local Environmental Plan 1988, cl 9(3).
20. See Conservation of North Ocean Shores Inc v Byron Shire Council & Ors [2009] NSWLEC 69 for an example of a case where the council's failure to act consistently with the objectives of a zone gave rise to a successful legal challenge to their decision to approve a development in that zone.
21. This information is based on information from Councils currently preparing draft LEPs.
22. Department of Planning, LEP Practice Note - Preparing LEPs using the Standard Instrument: Standard Zones, p 5.
23. Department of Planning, LEP Practice Note - Preparing LEPs using the Standard Instrument: Standard Zones.
24. Department of Planning, LEP Practice Note - Environment Protection Zones, p 1.
25. Department of Planning, LEP Practice Note - Environment Protection Zones, p 1.
26. Department of Planning, LEP Practice Note - Environment Protection Zones, p 2.
27. Department of Planning, LEP Practice Note - Preparing LEPs using the Standard Instrument: Standard Zones, p 3.
28. Department of Planning, LEP Practice Note - Preparing LEPs using the Standard Instrument: Standard Zones, p 3.
29. Forestry Act 1916, s 31(1A).
30. Department of Planning, LEP Practice Note - Preparing LEPs using the Standard Instrument: Standard Zones, p 3.
31. Exceptions include roads, land under the Crown Lands Act 1989, a common or land to which the Trustees of Schools of Arts Enabling Act 1902 applies.
32. Department of Planning, LEP Practice Note - Classification and Reclassification of Public Land Through a LEP, p 1.
33. Department of Planning, LEP Practice Note - Classification and Reclassification of Public Land Through a LEP, p 1.
34. Rural Fires Act 1997, s 100B.
35. Inter-governmental Panel on Climate Change, 2007, Working Group II Report 'Impacts, Adaptation and Vulnerability'.
36. Standard Instrument, Principal LEP, cl 5.5(2)(f).