FAQs

A Local Environmental Plan (LEP) is the legal document that contains zoning and development controls that determine what development a landowner can or cannot carry out on their land. LEPs are used when assessing development applications, together with Development Control Plans which provide detailed design guidelines for development. All land, whether privately owned, leased or publicly owned, is subject to the controls set out in the relevant LEP. The Cessnock LEP applies to all land within the Cessnock Local Government Area (LGA).

A Planning Proposal explains the intended effect of the proposed LEP amendments and the reasons for making it.

Changes to LEPs are necessary to maintain up-to-date local planning controls. These changes are being made to implement the recommendations of the Rural Lands Issues Paper completed by Cessnock City Council’s Strategic Planning Team. This Paper was the result of a detailed review of the provisions contained in the LEP 2011 as they apply to rural lands, and the alignment of these with the strategic framework, to ensure consistency with the relevant priorities and principles for land contained in the Cessnock Local Strategic Planning Statement (LSPS) 2036 and other relevant local and regional plans and strategies. The LEP is also being updated to address local planning issues that change over time

The LEP written document and zoning maps are managed by the NSW government. These can be found here.

Property addresses can be searched and located on an interactive zoning map here.

These changes will amend the current zone objectives and the permissibility of some land uses in the RU2 Rural Landscape and RU5 Village zones. The proposal will also make changes to minimum lot size requirements for land requiring on-site waste water management (septic) systems. Full details are available in Part 2: Explanation of Provisions of the Planning Proposal.

1. The proposal will change the planning controls that are used when determining what types of development are permissible in our RU2 and RU5 zones. It is worth noting that all existing lawful uses being carried out on land in all zones can continue as they currently are, even if they were to become prohibited.

2. The proposed changes will also affect land that is not serviced by reticulated sewer, through the introduction of a new clause relating to minimum lot sizes. The proposed amendment is in response to concerns over unsustainable public and environmental health outcomes arising from inadequate on-site waste water management systems (septic systems) on undersized or otherwise incompatible lots. This will result in the areas identified as ‘T2’ and ‘T3’ being deleted from the Lot Size Maps.

The proposed amendment will have the effect of changing the minimum lot size for land that is currently identified as ‘T2’ or ‘T3’ on the Lot Size Maps to 4000 square metres, or the existing minimum lot size shown on the Lot Size Map in relation to that land, whichever is larger. Additionally, subdivision will only be permitted when the consent authority is satisfied the resulting lots will be suitable for onsite wastewater management. The proposed clause will ensure that subdivision and subsequent development of land may only occur where land is of a sufficient size to safely accommodate on-site waste water management systems. This will also provide greater certainty that subdivided lots are capable of accommodating future development in line with market expectations.

3. Proposed LEP 2011 map amendments will correct anomalies to ensure the most appropriate zone and lot size is applied to the land. A number of proposed amendments apply to roads. These changes are administrative changes and are not intended to alter the development potential of these roads. It is established practice to refer to the zoning of adjoining land when seeking to establish an appropriate zoning for roads (see NSW Department of Planning LEP Practice Note PN 10-001).

Similarly, proposed changes to minimum lot sizes are administrative and are intended to apply a standard minimum lot size to adjoining land within the same zone.