Model Local Provisions

Introduction

Additional provisions, also commonly referred to as ‘local provisions’ or ’model local clauses’ are local clauses that have been settled by the Parliamentary Counsel’s Office which address common topics raised by councils in their standard instrument LEP preparation. The use of such settled clauses will reduce the time required to prepare an exhibition standard instrument LEP.

It should be noted that as plans are gazetted and tested, it is likely the example model local clauses will get refined, and as such they are subject to change. The Department will inform councils of any changes and additions to model local clauses, including via our Enews service. Alternatively, councils can check this page for regular updates.

Where councils would like to use one or more of the examples provided, but wish to make some minor alterations to suit their specific circumstances, these may be considered with the appropriate justification, although it is recommended that they be adopted 'as is' wherever possible. For further information please contact your relevant regional office.

The Director-General of the Department wrote to all councils introducing the first model clauses in June 2009.

The Director–General of the Department informed councils that the second round of model clauses had been finalised in December 2010. The summary Table of submissions received during the public exhibition and the DoP response can be viewed here.

The Second Round of settled Model local provisions for Standard Instrument LEPs

Clause 4.1B - Minimum lot sizes for dual occupancy, multi dwelling housing and residential flat buildings

Clause 4.1C - Exception to the minimum lot size for certain residential accommodation

Clause 4.2A - Erection of dwelling houses on land in certain rural and environmental protection zones

Clause 7.X - Active street frontages

Clause 7.3 - Flood planning

Clause 7.4 - Airspace operations

Clause 7.6 - Development in areas subject to aircraft noise

Settled Model Local Provisions

Clause 1.3 – Land to which Plan applies

Clause 1.8A - Savings provision relating to development applications

Clause 1.9A - Suspension of covenants agreements and instruments

Clause 2.6A - Demolition requires consent (now included as a compulsory clause 2.6AA in the SI Order)

Clause 2.6B - Temporary use of land (now included as a compulsory clause 2.6BB in the SI Order)

Clause 3.1 - Exempt development  (now included as a compulsory clause 3.1(6) in the SI Order)

Clause 3.2 -Complying development (now included as a compulsory clause 3.2(5) in the SI Order)

Clause 6.4 - Foreshore access

Clause 6.5 - Foreshore building line

Clause 6.6 - Sex services premises

Clause 7.1 - Acid sulfate soils


 

Part 6 - Urban release areas
Clause 6.1 - Arrangements for designated State public infrastructure
Clause 6.2 - Public utility infrastructure
Clause 6.3 - Development control plan
Clause 6.4 - Relationship between Part and remainder of Plan
 

Disclaimer

The draft provisions are provided as precedents for the purpose of inclusion as local provisions in standard instruments. The clauses have been approved by the Department and the Parliamentary Counsel's Office for inclusion in instruments, as at the date of their inclusion. However, these clauses are subject to change and correction without notice and the Department and the Parliamentary Counsel's Office reserve the right to make any changes to the wording of the clauses as they think fit.

Last Updated 08-Jun-2011