The Cessnock Local Environmental Plan 2011 (LEP 2011) came into effect on Friday 23 December 2011.
The LEP 2011 is available for viewing and downloading from the NSW Government’s legislation website
The Cessnock LEP 2011 has been prepared in accordance with the NSW State Government’s Standard Instrument (Local Environmental Plans) Order 2006 requiring local Council’s to implement a Standard Instrument LEP.
The Standard Instrument LEP has been created by the NSW State Government to assist in streamlining the NSW Planning system.
The Standard Instrument provides baseline land use provisions and definitions that are standardised across the State. This provides greater certainty regarding land use and permissibility in Cessnock and across the State of NSW.
A new DCP has been prepared by Council to coordinate with the changes made to the LEP. The Cessnock DCP 2010 contains detailed planning controls that are not included in Cessnock LEP 2011.
Land that was the subject of an Environmentally Significant Areas (ESA) overlay has been deferred from Cessnock LEP 2011 for further assessment. Zoning provisions for Rural 1(a) and Rural 1(c) of the Cessnock Local Environmental Plan 1989 will continue to apply to these areas until Council completes an Agricultural Lands Study and Biodiversity STrategy.
The study will look at all rural and environmental zones to determine the base requirements for sustainable agriculture (including appropriate land use zones, lot sizes and dwelling entitlement provisions) and the identification of priority areas for vegetation offsets in conjunction with the Department of Primary Industries (Agriculture), the Office of Environment and Heritage and Hunter-Central Rivers CMA.
A Planning Proposal will be prepared to implement the actions and recommendations of the studies as an amendment to the Cessnock LEP 2011
Deferred land can be identified using the Land Zoning Maps or Land Application Map available for viewing and download from the NSW Government’s legislation website.
Council will be concurrently running two Local Environmental Plans.
Deferred land will be subject to the provisions of the Cessnock Local Environmental Plan 1989 in particular the zoning provisions for Rural 1(a) and Rural 1(c) until the assessment of the land has been completed and Council resolves the future strategic direction for the land.
All other land will be subject to the provisions of Cessnock LEP 2011.
In the first instance, reference should be made to Cessnock LEP 2011. Where land is mapped as a “Deferred Matter” in either a Land Zoning Map or the Land Application Map, reference should be made to Cessnock LEP 1989.
All new development applications received by Council from 23 December, 2011 will be assessed under Cessnock LEP 2011 with the exception of deferred land.
Development applications relating to deferred land will be assessed under Cessnock LEP 1989.
Development Applications submitted but not determined prior to Cessnock LEP 2011 coming into effect will not need to be resubmitted to Council. Cessnock LEP 2011 contains a savings provision (Clause 1.8A) which allows these DAs to continue to be assessed under the previous LEP (Cessnock LEP 1989), with consideration given to Cessnock LEP 2011. In summary, these Development Applications will each be assessed on their individual merits, with consideration given to the following primary principles:
Section 149 Certificates are only valid for the day in which they are issued.
All Section 149 Certificates issued prior to 23 December 2011 have been prepared under Cessnock LEP 1989.
For the latest property information relating to your land, please order a new Section 149 Certificate.
Cessnock LEP 2011 is available online via the NSW Legislation website.
Cessnock DCP 2010 can be viewed on Council’s website.
Both Cessnock LEP 2011 and Cessnock DCP 2010 are also available for viewing at the following locations:
