Draft Kempsey LEP 2012 - November 2012
Fact Sheet No 2 - Draft
Kempsey LEP 2012
How to read the document
The Document
Compulsory, Optional and Local Clauses
STRUCTURE OF THE DRAFT KEMPSEY LEP 2012
The Draft Kempsey LEP 2012 begins with a Table
of Contents and is then broken down into Seven
(7) parts, Schedules and the Dictionary:
The Draft Kempsey LEP 2012 contains clauses in
black which are either compulsory or optional,
as noted within the clause name. In addition
mandatory landuses within zone tables are also
in black. Landuses where Council has applied
discretion are in red text.
• Part 1 – Preliminary: Administrative
provisions about the application of the
Draft LEP;
• Part 2 – Permitted or Prohibited
Development: Land use zones, land use
permissibility and the requirement for
consent for subdivision, demolition and
temporary land uses – incorporates the
Land Use Table;
• Part 3 – Exempt & Complying
Development: Development that may
not require consent or that requires a
Complying Development Application;
• Part 4 – Principal Development
Standards: Subdivision, minimum lot sizes
& variations to controls, floor space ratios;
• Part 5 – Miscellaneous Provisions:
Controls for specific land uses, tree
preservation, heritage conservation, ecotourist facilities, and development near
zone boundaries;
• Part 6 – Urban Release Areas: Controls
applying to urban release areas as mapped
on the URA map, including provision of
infrastructure, services and requirements
for Development Control Plan.
• Part 7 – Additional Local Provisions:
Controls for Acid Sulfate Soils, koala
habitat, flood planning, airspace operations
, development in environmentally sensitive
areas, protection of scenic character.
Schedules 1-5
These include listings of certain things, like
Additional Permitted Uses, Exempt and Complying
Development (in addition to what is covered by
the SEPP Exempt and Complying Development),
Environmental Heritage
Dictionary: This contains all Standard LEP
definitions, as well as any other definitions
required to address local provisions, which are in
red text.
Kempsey Shire Council
www.kempsey.nsw.gov.au
[email protected]
PO Box 3078 West Kempsey
22 Tozer Street West Kempsey
02 6566 3200
Local clauses are in red text within the document.
These are added to address local matters of
relevance within Kempsey Shire Council. Some of
these Local Clauses are also model clauses which
have been pre -approved by the Department of
Planning and Infrastructure for use.
The Maps
The maps are all structured in the same way, but
map out different attributes or controls. Map lay
out is summarised below.
The Grid System – The shire is divided into a
number of grids which are represented by the
following Map no and corresponding Grid no.
Maps apply to the following areas as follows;
• Map 001: Comara and Five Day Creek
areas;
• Map 002: Comara and Mackenzies Creek
areas;
• Map 003: Stockyard Creek, Warbro Brook,
Willi Willi, Bellbrook
• Map 004: Moparrabah, Long Creek
• Map 005: Hickey’s Creek, Millbank
• Map 005A: Bellbrook Villages, part
Tarooka
• Map 006: Tarooka, Hickey’s Creek, Mungay
Creek, Moparrabah, Tegmagog
• Map 006A: Village of Willarin, Tarooka
• Map 007: Moparabah, Wittitrin, Turners
Flat, Mooneba Yessabah, Sherwood,
Dongingalong
• Map 008: Western part of Kundabung
• Map 009: Northern part Grassy Head
• Map 010:Barraganyatii, Fisherman’s
Reach, Clybucca, Rainbow Reach
• Map 010A: Grassy Head,Stuarts Point,
Yarrahapinni
• Map 011: Skillion Flat, Yarravel,
Collombatti, Aldavilla, Dondingalong,
Frederickton (Rural Residential Area),
Bellimbopinni, Verges Creek
Note: This Fact Sheet provides general information only and may not explain all matters of
relevance in the Draft Kempsey Local Environmental Plan 2012 for particular circumstances.
The approved exhibition material should be consulted for full details or you can contact Council to
speak with Council’s Planning Staff.
Draft Kempsey LEP 2012 - November 2012
Fact Sheet No 2 Draft Kempsey LEP 2012
How to read the document
• Map 011A: Greenhill, Euroka, West
Kempsey, East Kempsey, Kempsey CBD,
Part South Kempsey,
• Map 011B: South Kempsey
• Map 011C: Frederickton Village,
Bellimbopinni, Austral Eden, Pola Creek.
• Map 011D: Smithtown, Gladstone, Austral
Eden , Bellmore River, Kinchella
• Map 012: Kundabung, Crescent Head
(rural areas), Beranghi Road, Point Plomer
Road
• Map 012A: Kundabung Village, Pipers
Creek, Western parts of Crescent Head
(Rural)
• Map 012B: Crescent Head (urban areas
and surrounds)
• Map 013: Rainbow Reach, Kinchella
(northeastern area)
• Map 013A: Macleay River Mouth,
Spencer’s Creek and Fisherman’s Reach
• Map 013B: South West Rocks (urban areas
and surrounds), Arakoon.
• Map 013C: Trial Bay and Arakoon (eastern
areas).
• Map 014: Kinchella
• Map 014A: Hat Head Village
Viewing and Working With the Maps
Most people will be interested in viewing maps
associated with their own land. Find the map
which covers the area of land you are interested
in. Determine what attribute you wish to view,
such as landuse zone. Find the Land Zoning
(LZN) mapset and find the map which corresponds
to your land, ie LZN Map 014A for Hat Head. For
any mapped attribute, such as minimum lot size
or height of buildings, it will always be on the
same map. If you wish to determine what the
minimum lot size is in that area, consult LSZ MAP
014A and find the land you are interested in.
Maps are in a PDF format. They can be viewed
electronically, and the zoom tool can be used to
for viewing properties of interest. Maps can also
be printed.
Where a more detailed map which includes other
attributes such as bushfire prone land is required,
Council’s planning staff will be able to assist.
The Land Use Zones
In most cases existing zones have been converted
to the proposed zones in accordance with the
table below. However there are instances where
this was not followed. The section 64 Submission
outlines some specific instances where this did
not occur. In addition it is important to consult the
Land Zoning Maps.
Table indicating General Conversion of Zones
Mapsets
The Draft Kempsey LEP has 12 Mapsets which
are;
KLEP 1987 Zone
Proposed Draft
Kempsey LEP 2012
Zone
• Land Reservation Acquisition (LRA)
1 (a1) Rural , 1 (d)
Rural Investigation
RU2 Rural Landscape
1 (a3 ) Rural
Agricultural Protection
RU1 Primary Production
1( c ) Rural Small
Holdings
R5 Large Lot
Residential
1(e) Rural Floodway
E2 Environmental
Conservation
1 (f) Rural Forestry
RU3 Forestry
1 (g) Rural Small
Agricultural Enterprises
RU4 Rural Small
Holdings
2 (a) Residential
R1 General Residential
Residential zones 2
(b1), 2 (b2) , 2(c)
and 2(d) Residential
Tourist Facility
R3 Medium Density
Residential and Slim
Dusty Centre Site SP3
Special Purpose Tourist
2 (v) Village
RU5 - Village
• Land Zoning Map (LZN),
• Floor Space Ratio (FSR)
• Heritage Map (HER)
• Height of Building (HOB)
• Minimum Lot Size Map (LSZ)
• Acid Sulfate Soils Map(ASS)
• Additional Permitted Uses (APU)
• Koala Management Plan (KMP)
• Natural Resources Sensitivity (NRL)
• Scenic Protection Area (SCP)
• Urban Release area (URA)
3(a) Business
Kempsey Shire Council
www.kempsey.nsw.gov.au
[email protected]
PO Box 3078 West Kempsey
22 Tozer Street West Kempsey
02 6566 3200
B3 Commercial Core
Note: This Fact Sheet provides general information only and may not explain all matters of
relevance in the Draft Kempsey Local Environmental Plan 2012 for particular circumstances.
The approved exhibition material should be consulted for full details or you can contact Council to
speak with Council’s Planning Staff.
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Draft Kempsey LEP 2012 - November 2012
Fact Sheet No 2 Draft Kempsey LEP 2012
How to read the document
KLEP 1987 Zone
Proposed Draft
Kempsey LEP 2012
Zone
3(b) Business
Neighbourhood
B1 - Neighbourhood
Centre Zone
3(c) Business Special
B3 Commercial Core,
and B6 - Enterprise
Corridor
3(a) Business, 3(v)
Business Village,
3(b) Business
Neighbourhood
B2 – Local Centre
4(a) Industrial General,
4(e) Industrial
Extractive
IN1 General Industrial
4(b) Light Industrial
IN2 - Light Industrial
Special Uses Zones
5(a), 5(b)
SP2 - Infrastructure
6(a) Open Space
RE1 - Public Recreation
6(b) Open Space
RE2 - Private
Recreation Zone
7(a) Wetlands
Protection, 7(b)
Environmental
protection Habitat
E2 Environmental
Conservation
7(d) Scenic Protection,
7(f1) Coastal Lands
Protection, 7(h)
Historic Lands
Protection
E3 Environmental
Management
7(f2) Coastal Lands
Acquisition
Note that all lands in
current zone have now
been acquired.
Proposed Draft
Kempsey LEP 2012
Zone
Waterways considered
to be of environmental
value – waterways
north of Southwest
Rocks
W1 - Natural
Waterways
Default zone for all
other waterways
W2 - Recreational
Waterways
Using the Land Use Tables
The Draft Kempsey LEP 2012 written document
also has a land use table for each zone. The
land use table tells you what development
is permissible and prohibited within a zone.
Wherever possible, the land uses that are
currently permissible and prohibited in an existing
zone are treated the same way in the new zone.
Within each zone land uses are listed as:
• Permitted without consent (i.e you do not
need Council approval subject to meeting
specific controls)
• Permitted with consent (i.e you need
Council approval before commencing the
activity or building)
• Prohibited (i.e the land use is not allowed
in the zone)
The dictionary at the back of the written
instrument defines the land use terms.
Group Terms for Landuses
E2 Environmental
Conservation and
marked Coastal Lands
Acquisition, Covered
by Clause 5.1A and
the Land Reservation
Acquisition (LRA) Map
8(a) National Parks
E1 National Parks and
Nature Reserves
8(b) National Park
Extension
E1 National Park and
marked National Park,
Covered by Clause
5.1A and the Land
Reservation Acquisition
(LRA) Map
Clause 64 of KLEP
1987 Point Plomer
Road
E4 - Environmental
Living
Kempsey Shire Council
www.kempsey.nsw.gov.au
[email protected]
PO Box 3078 West Kempsey
22 Tozer Street West Kempsey
02 6566 3200
KLEP 1987 Zone
The Draft Kempsey LEP 2012 contains what are
called ‘group terms’. A group term is a number of
land use terms that are broadly related by their
definition and grouped. For example ‘Residential
Accommodation’ is the group term and includes
the following sub-terms: group home, seniors
housing, attached dwelling, boarding house,
dual occupancy, dwelling house, hostel, multi
dwelling housing, residential flat building, rural
workers dwellings, secondary dwellings, semidetached dwelling and shop top housing. The
Landuse Matrix and the layout of the landuse
terms is a useful document that demonstrates
this concept. It lists landuses with the ‘group
terms’ at the head of the list, with the sub terms
listed below each. You can look up ‘Residential
Accommodation’ on the Matrix to see the above
example demonstrated.
Note: This Fact Sheet provides general information only and may not explain all matters of
relevance in the Draft Kempsey Local Environmental Plan 2012 for particular circumstances.
The approved exhibition material should be consulted for full details or you can contact Council to
speak with Council’s Planning Staff.
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Draft Kempsey LEP 2012 - November 2012
Fact Sheet No 2 Draft Kempsey LEP 2012
How to read the document
How Group Terms Work in the Land use
Table
• Permitted with consent (Council approval
required) or
A group term hierarchy is used which means that
some sub-terms do not need to be listed in the
land use tables despite the fact that they may be
prohibited or permissible in a zone. The purpose
of this is to avoid specifically listing individual
uses.
• Prohibited (the land use is not allowed in
the zone) or
In most cases not all land uses under a group
term are appropriate for the zone. For example
land uses that meet the zone objectives are
pulled out of the group term which may be listed
‘prohibited’ and listed in ‘permitted with consent’
and the group term is listed in ‘prohibited’. This
is to ensure all other land uses associated with
the group term are prohibited. This can also work
in reverse, where the group term is permitted
and certain land uses are pulled out and listed as
prohibited.
• Permitted under a State Environmental
Planning Policy (SEPP)
Information in the Matrix should be verified with
what is in the landuse table in the Draft Kempsey
LEP 2012. Any inconsistencies between the two,
the Draft Kempsey LEP 2012 landuse table will
prevail, as it is the legal document for public
exhibition.
The Matrix
The landuse Matrix is a companion document to
the Draft Kempsey LEP 2012. Developed by the
Department of Planning and issued to Council’s for
use in preparing their Standard LEP’s. It is an “at
a glance” reference of all defined landuses, all the
zones and their permissibility.
It notes which landuses were mandatory to
be prohibited, which were mandatory to be
permissible with or without consent, and which
landuses and permissibility have been applied by
Council choice.
In addition it also notes which landuses
permissibility are covered by the Infrastructure
SEPP.
While not officially part of the legal instrument,
it will remain on Council’s website once the Draft
Kempsey LEP 2012 has commenced, as an aid to
interpreting the LEP.
How to use the Matrix
To use the matrix take the following steps;
1. Identify your zone (each zone is listed on the
top row)
2. Identify the relevant land use (listed on the
left side)
3. Use the legend to identify whether the land
use is:
• Permitted without consent (do not need
Council approval subject to meeting certain
requirements) or
Kempsey Shire Council
www.kempsey.nsw.gov.au
[email protected]
PO Box 3078 West Kempsey
22 Tozer Street West Kempsey
02 6566 3200
Note: This Fact Sheet provides general information only and may not explain all matters of
relevance in the Draft Kempsey Local Environmental Plan 2012 for particular circumstances.
The approved exhibition material should be consulted for full details or you can contact Council to
speak with Council’s Planning Staff.
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