IMPORTANT NOTICE

Changing of Business and Industrial Zones to Employment Zones

Employment zones commence within the Lithgow Local Environmental Plan 2014 on the 26 April 2023. From 26 April 2023, all documents (other than a state environmental planning policy) that make reference to a former zone under an environmental planning policy is taken to include a reference to a new zone under the environmental planning instrument.

Refer to the table below to see how all Business and Industrial zones are being replaced by Employment zones below:

 

Former Zones (prior to 26/04/2023) New Zones (as of 26/04/2023)

B1 Neighbourhood Centre

B2 Local Centre

E1 Local Centre
B4 Mixed Use MU1 Mixed Use

B6 Enterprise Corridor

B7 Business Park

E3 Productivity Support

IN1 General Industrial

IN2 Light Industrial

E4 General Industrial
IN3 Heavy Industrial E5 Heavy Industrial

 

 

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Local Environmental Plan (LEP)

IMPORTANT NOTICE

 The name of environment zones has changed to conservation zones

As of 1 December 2021, a reference to an Environment Protection zone E1, E2, E3 or E4 in a planning document should be taken to be a reference to a Conservation zone C1, C2, C3 or C4. For further information please see Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021 (nsw.gov.au)

The zone name conversion is indicated in the Table below.

Current NameNew Name
Zone E1 – National Parks and Nature ReservesZone C1 – National Parks and Nature Reserves
Zone E2 – Environmental ConservationZone C2 – Environmental Conservation
Zone E3 – Environmental ManagementZone C3 – Environmental Management
Zone E4 – Environmental LivingZone C4 – Environmental Living

 

Lithgow Local Environmental Plan 2014

The Lithgow Local Environmental Plan 2014 is the principal planning instrument affecting land use in the Lithgow Local Government Area.  The Plan, although prepared by Council in conjunction with the Lithgow community, was vetted and amended by the State Government before being made and gazetted by the Minister for Planning.

The Lithgow Local Environmental Plan 2014 commenced on 19 December, 2014.  The written instrument can be viewed on the New South Wales Government Legislation web site via the following link;

https://www.legislation.nsw.gov.au/view/html/inforce/current/epi-2014-0824

The supporting LEP maps are also available through the above link.

The purpose of the Local Environmental Plan (LEP) is to define what purpose land may be used for as well as development standards and controls that apply.  The Plan consists of a written statement and a number of maps that depict the spatial application of the various zones and controls.

The Lithgow Local Environmental Plan 2014 applies to all land in the Lithgow Local Government Area and repeals the following Plans:

  • Lithgow Local Environmental Plan 1994 ( except for land identified as “Deferred Matter” on the Land Application Map being the former Cement Works Site at Portland) and
  • Rylstone Local Environmental Plan 1996.

Exempt and Complying Development

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt and complying development under that Policy. The Codes SEPP has state-wide application and is adopted for the purposes of this Plan.

Savings Provisions

Any development application lodged prior to the 19 December 2014 and not finally determined will be assessed in accordance with the previous Local Environmental Plans and the provisions of the Environmental Planning and Assessment Act. 

All development applications lodged on or after the 19 December 2014 will be assessed under the new Lithgow Local Environmental Plan 2014.

149 Certificates

Section 10.7 Planning Certificates (commonly known as zoning certificate) provide information about planning controls and other property issues that affect a particular piece of land. All contracts of sale for real estate require a current 10.7 Certificate to be attached to the contract.

 

Variations to Development Standards under Clause 4.6

The objectives of Clause 4.6 is—

(a)  to provide an appropriate degree of flexibility in applying certain development standards to particular developments,

(b)  to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

 Developments that contravene a development standard imposed by an environmental planning instrument must be able to demonstrate that the standard is unnecessary and unreasonable, with the objectives of the standard and the zone able to be reasonably achieved.

Council’s public register under either The State Environmental Planning Policy No 1 – Development Standards, or Clause 4.6 of the Lithgow LEP 2014 can be viewed below: