{"id":"nsw:epi-2013-0066","name":"Lismore Local Environmental Plan 2012","slug":"lismore-local-environmental-plan-2012","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"66 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181250,"registerId":"nsw-nsw:epi-2013-0066-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Plan","content":"#### 1 Name of Plan\n\n1.1 Name of Plan\n\n> This Plan is [Lismore Local Environmental Plan 2012](/view/html/inforce/current/epi-2013-0066).","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Permitted or prohibited development","content":"# Part 2 Permitted or prohibited development\n\nPart 2 Permitted or prohibited development","sortOrder":13},{"sectionNumber":"2","sectionType":"section","heading":"Land use zones","content":"#### 2 Land use zones\n\n2.1 Land use zones\n\n> The land use zones under this Plan are as follows—\n> \n> > Rural Zones\n> \n> > RU1 Primary Production\n> > \n> > RU2 Rural Landscape\n> > \n> > RU3 Forestry\n> > \n> > RU5 Village\n> \n> > Residential Zones\n> \n> > R1 General Residential\n> > \n> > R2 Low Density Residential\n> > \n> > R3 Medium Density Residential\n> > \n> > R5 Large Lot Residential\n> \n> > Employment Zones\n> \n> > E1 Local Centre\n> > \n> > E2 Commercial Centre\n> > \n> > E3 Productivity Support\n> > \n> > E4 General Industrial\n> \n> > Mixed Use Zones\n> \n> > MU1 Mixed Use\n> \n> > Special Purpose Zones\n> \n> > SP2 Infrastructure\n> \n> > Recreation Zones\n> \n> > RE1 Public Recreation\n> > \n> > RE2 Private Recreation\n> \n> > Conservation Zones\n> \n> > C1 National Parks and Nature Reserves\n> > \n> > C2 Environmental Conservation\n> > \n> > C3 Environmental Management\n> \n> > Waterway Zones\n> \n> > W1 Natural Waterways\n> > \n> > W2 Recreational Waterways\n> \n> **cl 2.1:** Am 2016 (193), Sch 1 \\[1\\]; 2017 (25), Sch 1 \\[1\\]; 2022 (832), Sch 1.15\\[1\\].","sortOrder":14},{"sectionNumber":"pt","sectionType":"part","heading":"Land Use Table","content":"# pt Land Use Table\n\nLand Use Table\n\nNote—\n\nState environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—\n\n> [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714)\n\n> [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems\n\n> [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 2\n\n> [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 3\n\n> [State Environmental Planning Policy (Industry and Employment) 2021](/view/html/inforce/current/epi-2021-0723), Chapter 3\n\n> [State Environmental Planning Policy (Primary Production) 2021](/view/html/inforce/current/epi-2021-0729), Chapter 2\n\n**Land Use tbl:** Am 2013 (617), Sch 1 \\[1\\]; 2014 (171), Sch 1 \\[1\\] \\[2\\]; 2014 (822), Sch 1 \\[1\\]–\\[3\\]; 2016 (193), Sch 1 \\[2\\]; 2017 (25), Sch 1 \\[2\\]; 2017 (198), Sch 1 \\[1\\]–\\[4\\]; 2017 (493), Sch 1.1 \\[1\\] \\[2\\]; 2018 (488), Sch 1.1 \\[1\\]; 2018 (660), Sch 1 \\[1\\]–\\[3\\]; 2019 (137), Sch 6 \\[1\\]; 2019 (446), Sch 1 \\[1\\]–\\[3\\]; 2020 (771), Sch 1\\[1\\]–\\[5\\]; 2021 (375), cl 5; 2022 (314), Sch 1; 2022 (514), Sch 1\\[1\\] \\[2\\]; 2022 (832), Sch 1.15\\[2\\] (am 2023 (82), Sch 1.1\\[14\\]); 2023 (458), Sch 2.52; 2025 (348), Sch 1\\[1\\]–\\[3\\].\n\nZone RU1 Primary Production\n\nZone RU2 Rural Landscape\n\nZone RU3 Forestry\n\nZone RU5 Village\n\nZone R1 General Residential\n\nZone R2 Low Density Residential\n\nZone R3 Medium Density Residential\n\nZone R5 Large Lot Residential\n\nZone E1 Local Centre\n\nZone E2 Commercial Centre\n\nZone E3 Productivity Support\n\nZone E4 General Industrial\n\nZone MU1 Mixed Use\n\nZone SP2 Infrastructure\n\nZone RE1 Public Recreation\n\nZone RE2 Private Recreation\n\nZone C1 National Parks and Nature Reserves\n\nZone C2 Environmental Conservation\n\nZone C3 Environmental Management\n\nZone W1 Natural Waterways\n\nZone W2 Recreational Waterways","sortOrder":30},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Agritourism; Airstrips; Animal boarding or training establishments; Aquaculture; Artisan food and drink industries; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Community facilities; Creative industries; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Garden centres; Helipads; Home-based child care; Home businesses; Home industries; Information and education facilities; Intensive livestock agriculture; Jetties; Kiosks; Landscaping material supplies; Mooring pens; Open cut mining; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Tourist and visitor accommodation; Turf farming; Water recreation structures","sortOrder":33},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Backpackers’ accommodation; Hotel or motel accommodation; Local distribution premises; Serviced apartments; Any other development not specified in item 2 or 3","sortOrder":34},{"sectionNumber":"Part 3","sectionType":"part","heading":"Exempt and complying development","content":"# Part 3 Exempt and complying development\n\nPart 3 Exempt and complying development","sortOrder":115},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":119},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":132},{"sectionNumber":"5","sectionType":"section","heading":"Relevant acquisition authority","content":"#### 5 Relevant acquisition authority\n\n5.1 Relevant acquisition authority\n\n> > (1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) (the owner-initiated acquisition provisions).\n> > \n> > Note.\n> > \n> > If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) requires the authority to acquire the land.\n> \n> > (2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the [Land Reservation Acquisition Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/lismore-local-environmental-plan-2012-0) (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).\n> > \n> > | Type of land shown on Map | Authority of the State |\n> > | Zone RE1 Public Recreation and marked “Local open space” | Council |\n> > | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |\n> > | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |\n> > | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |\n> > | Zone RU1 Primary Production and marked “Arterial road” | Council |\n> > | Zone RU1 Primary Production and marked “Proposed Dunoon Dam Inundation Area” | Rous County Council |\n> > | Zone W1 Natural Waterways and marked “Proposed Dunoon Dam Inundation Area” | Rous County Council |\n> > | Zone R1 General Residential and marked “Arterial road” | Council |\n> \n> > (3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.\n> \n> **cl 5.1:** Am 2018 (660), Sch 1 \\[4\\].","sortOrder":133},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":159},{"sectionNumber":"6","sectionType":"section","heading":"Acid sulfate soils","content":"#### 6 Acid sulfate soils\n\n6.1 Acid sulfate soils\n\n> > (1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.\n> \n> > (2) Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the [Acid Sulfate Soils Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/lismore-local-environmental-plan-2012-0) as being of the class specified for those works.\n> > \n> > | Class of land | Works |\n> > | 1 | Any works. |\n> > | 2 | Works below the natural ground surface.Works by which the watertable is likely to be lowered. |\n> > | 3 | Works more than 1 metre below the natural ground surface.Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface. |\n> > | 4 | Works more than 2 metres below the natural ground surface.Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface. |\n> > | 5 | Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land. |\n> \n> > (3) Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.\n> \n> > (4) Despite subclause (2), development consent is not required under this clause for the carrying out of works if—\n> > \n> > > (a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and\n> > \n> > > (b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.\n> \n> > (5) Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—\n> > \n> > > (a) emergency work, being the repair or replacement of the works of the public authority, required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,\n> > \n> > > (b) routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),\n> > \n> > > (c) minor work, being work that costs less than $20,000 (other than drainage work).\n> \n> > (6) Despite subclause (2), development consent is not required under this clause to carry out any works if—\n> > \n> > > (a) the works involve the disturbance of less than 1 tonne of soil, and\n> > \n> > > (b) the works are not likely to lower the watertable.\n> \n> > (7) Despite subclause (2), development consent is not required under this clause for the carrying out of works for the purpose of agriculture if—\n> > \n> > > (a) a production area entitlement is in force in respect of the land when the works are carried out, and\n> > \n> > > (b) the works are carried out in accordance with a drainage management plan, and\n> > \n> > > (c) the works are not carried out in respect of a major drain identified on the [Acid Sulfate Soils Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/lismore-local-environmental-plan-2012-0), and\n> > \n> > > (d) the works are not carried out on land identified as “coastal wetlands” on the Coastal Wetlands and Littoral Rainforests Area Map, within the meaning of [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 2.\n> \n> > (8) In this clause—\n> > \n> > drainage management plan means an irrigation and drainage management plan that—\n> > \n> > > (a) is prepared in accordance with the NSW Sugar Industry Best Practice Guidelines for Acid Sulfate Soils (2005), and\n> > \n> > > (b) is endorsed by the Sugar Milling Co-operative as being appropriate for the land.\n> > \n> > NSW Sugar Industry Best Practice Guidelines for Acid Sulfate Soils (2005) means the guidelines approved by the Director-General of the Department of Infrastructure, Planning and Natural Resources on 25 May 2005.\n> > \n> > production area entitlement means a contractual arrangement between the Sugar Milling Co-operative and a grower member of that co-operative for the production of sugar cane for milling.\n> > \n> > Sugar Milling Co-operative means the New South Wales Sugar Milling Co-operative Limited or its successor.\n> > \n> > Note.\n> > \n> > The NSW Sugar Industry Best Practice Guidelines for Acid Sulfate Soils (2005) is available on the Department of Planning and Infrastructure’s website.\n> \n> **cl 6.1:** Am 2018 (106), Sch 2.8; 2022 (72), Sch 1.29.","sortOrder":160},{"sectionNumber":"Part 7","sectionType":"part","heading":"Urban release areas","content":"# Part 7 Urban release areas\n\nPart 7 Urban release areas\n\n**pt 7:** Ins 2025 (347), Sch 1\\[1\\].","sortOrder":174},{"sectionNumber":"7","sectionType":"section","heading":"Application of part","content":"#### 7 Application of part\n\n7.1 Application of part\n\n> A provision of this part prevails over another provision of this plan to the extent of any inconsistency.\n> \n> **cl 7.1:** Ins 2025 (347), Sch 1\\[1\\].","sortOrder":175},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Additional permitted uses","content":"# Schedule 1 Additional permitted uses\n\nSchedule 1 Additional permitted uses\n\n(Clause 2.5)\n\n**sch 1:** Am 2017 (89), cl 5; 2018 (660), Sch 1 \\[5\\]; 2020 (46), cl 5; 2020 (246), cl 5; 2020 (293), cl 5; 2020 (294), cl 5; 2026 (102), Sch 1.","sortOrder":179},{"sectionNumber":"8","sectionType":"section","heading":"Use of certain land at 1112 Bruxner Highway, McKees Hill","content":"#### 8 Use of certain land at 1112 Bruxner Highway, McKees Hill\n\n8 Use of certain land at 1112 Bruxner Highway, McKees Hill\n\n> > (1) This clause applies to part of the northern end of the land at 1112 Bruxner Highway, McKees Hill, being part of Lot 4, DP 614912 and identified as “Item 8” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/lismore-local-environmental-plan-2012-0).\n> \n> > (2) Development for the purpose of a transport depot is permitted with development consent.","sortOrder":187},{"sectionNumber":"9","sectionType":"section","heading":"Use of certain land surrounding rail corridor in South Lismore","content":"#### 9 Use of certain land surrounding rail corridor in South Lismore\n\n9 Use of certain land surrounding rail corridor in South Lismore\n\n> > (1) This clause applies to land identified as “Item 9” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/lismore-local-environmental-plan-2012-0).\n> \n> > (2) Development for the following purposes is permitted with development consent—\n> > \n> > > (a) community facilities,\n> > \n> > > (b) entertainment facilities,\n> > \n> > > (c) information and education facilities,\n> > \n> > > (d) retail premises.","sortOrder":188},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Exempt development","content":"# Schedule 2 Exempt development\n\nSchedule 2 Exempt development\n\n(Clause 3.1)\n\nNote 1.\n\n[State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.\n\nNote 2.\n\nExempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.\n\n**sch 2:** Am 2014 (171), Sch 1 \\[4\\] \\[5\\]; 2014 (822), Sch 1 \\[6\\] \\[7\\]; 2020 (771), Sch 1\\[9\\]; 2022 (832), Sch 1.15\\[6\\] \\[7\\]; 2023 (418), Sch 1\\[6\\].","sortOrder":189},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Signage—portable weighted, A-frame and retractable business identification signs in employment and mixed use zones and Zone RU5 Village","content":"#### sch.2-sec Signage—portable weighted, A-frame and retractable business identification signs in employment and mixed use zones and Zone RU5 Village\n\nSignage—portable weighted, A-frame and retractable business identification signs in employment and mixed use zones and Zone RU5 Village\n\n> Must comply with all of the following—\n> \n> > (a) must not be located on public land, a road reserve or a public footpath,\n> \n> > (b) must not be illuminated,\n> \n> > (c) only 1 sign per occupancy,\n> \n> > (d) maximum advertising area on each side—0.6m2,\n> \n> > (e) if erected on land in Zone E4, maximum advertising area on each side—4m2,\n> \n> > (f) must have the written consent of the owner of the land on which the sign is located,\n> \n> > (g) if the sign or part of the sign projects over adjoining land, must have the written consent of the owner of that land,\n> \n> > (h) must not relate to a building being used as restricted premises,\n> \n> > (i) must not result in more than 3 business identification signs being constructed or installed in relation to a building if the building houses only one commercial tenant,\n> \n> > (j) must not result in more than 6 business identification signs being constructed or installed in relation to any building.\n> \n> Note.\n> \n> The [Summary Offences Act 1988](/view/html/inforce/current/act-1988-025) regulates or prohibits certain business signs.","sortOrder":190},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Special events and temporary use of land owned or managed by Council","content":"#### sch.2-sec-oc.2 Special events and temporary use of land owned or managed by Council\n\nSpecial events and temporary use of land owned or managed by Council\n\n> > (1) Must not involve the use of a loudspeaker or sound amplifying device after midnight, unless it is used within a building or place that is an entertainment facility, pub or registered club.\n> \n> > (2) Must not involve the provision of overnight camping or accommodation.\n> \n> > (3) Must comply with any relevant Council policy.\n> \n> Note.\n> \n> Other approvals may be required, and must be obtained, under other Acts, including the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), the [Roads Act 1993](/view/html/inforce/current/act-1993-033) and the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058).","sortOrder":191},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Complying development","content":"# Schedule 3 Complying development\n\nSchedule 3 Complying development\n\n(Clause 3.2)\n\nNote.\n\n[State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.\n\n**sch 3:** Am 2014 (822), Sch 1 \\[8\\]; 2022 (833), Sch 3\\[1\\] \\[2\\].","sortOrder":192},{"sectionNumber":"sch.3-sec","sectionType":"section","heading":"Raising of dwelling houses above flood planning level","content":"#### sch.3-sec Raising of dwelling houses above flood planning level\n\nRaising of dwelling houses above flood planning level\n\n> > (1) This clause applies to the following development—\n> > \n> > > (a) the alteration or rebuilding of a lawfully erected dwelling house for the purpose of raising the finished floor level of the dwelling house to a level above the flood planning level,\n> > \n> > > (b) the construction or installation of the following in connection with that development—\n> > > \n> > > > (i) footings, foundations or other structural elements,\n> > > \n> > > > (ii) structures associated with the provision of utility services,\n> > > \n> > > > (iii) access ramps, stairways, landings, balustrades, pathways, paving, light fittings, privacy screens, gutters, pipes or cooling or heating appliances,\n> > \n> > > (c) other associated works.\n> \n> > (2) The development must—\n> > \n> > > (a) meet the requirements for complying development specified in [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), clause 1.17A, and\n> > \n> > > (b) not be designated development, and\n> > \n> > > (c) not be carried out on land that is, or contains, a draft heritage item.\n> \n> > (3) For subclause (2)(a), a reference in [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), clause 1.17A to this Policy must be read as a reference to this Plan.\n> \n> > (4) The development must not involve the enlargement or extension of the dwelling house.\n> \n> > (5) The dwelling house must be certified as suitable for the development in a certificate issued by—\n> > \n> > > (a) the Northern Rivers Reconstruction Corporation, or\n> > \n> > > (b) the NSW Reconstruction Authority.\n> \n> > (6) Each part of the dwelling house erected as part of the development must—\n> > \n> > > (a) if erected at or below the flood planning level—be constructed of flood compatible material, and\n> > \n> > > (b) be able to withstand the forces exerted by water, debris and buoyancy during a flood, up to the flood planning level.\n> \n> > (7) The development must not restrict the flow of floodwater on the land.\n> \n> > (8) The development standards specified in subclauses (6)(b) and (7) are satisfied if a registered professional engineer issues a certificate certifying the standards are satisfied.\n> \n> > (9) The finished floor level must be no more than 3.5m above ground level (existing).\n> \n> > (10) The height of the dwelling house may exceed the maximum height shown for the land on the [Height of Buildings Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/lismore-local-environmental-plan-2012-0).\n> \n> > (11) The setback of the dwelling house from each property boundary must not be altered.\n> \n> > (12) A landing for a stairway constructed or installed as part of the development must have an area of no more than 3m2.\n> \n> > (13) The total area of all landings for stairways constructed or installed as part of the development must not exceed 9m2.\n> \n> > (14) The following must be located above the flood planning level—\n> > \n> > > (a) the connection point for the dwelling house,\n> > \n> > > (b) electrical installations,\n> > \n> > > (c) switchboards,\n> > \n> > > (d) meters.\n> \n> > (15) A privacy screen must be installed for each part of a window that is less than 1.5m above the finished floor level if—\n> > \n> > > (a) the window—\n> > > \n> > > > (i) is in a habitable room with a finished floor level of more than 1m above ground level (existing), and\n> > > \n> > > > (ii) faces a side or rear boundary and is less than 3m from the boundary, or\n> > \n> > > (b) the window—\n> > > \n> > > > (i) is in a habitable room with a finished floor level of more than 3m above ground level (existing), and\n> > > \n> > > > (ii) faces a side or rear boundary and is at least 3m, but no more than 6m, from the boundary.\n> \n> > (16) Subclause (15) does not apply to a bedroom window with an area of no more than 2m2.\n> \n> > (17) A privacy screen must be installed for a balcony, deck, patio, terrace or verandah with an area of at least 3m2 if the structure is—\n> > \n> > > (a) less than 3m from a side or rear boundary and has a finished floor level of more than 1m above ground level (existing), or\n> > \n> > > (b) at least 3m, but no more than 6m, from a side or rear boundary and has a finished floor level of more than 2m above ground level (existing).\n> \n> > (18) The privacy screen required under subclause (17) must—\n> > \n> > > (a) have a height of at least 1.7m, but no more than 2.2m, above the finished floor level of the balcony, deck, patio, terrace or verandah, and\n> > \n> > > (b) be installed along the edge of the part of the structure that is parallel to, or faces, the relevant side or rear boundary.\n> \n> > (19) In this clause—\n> > \n> > connection point has the same meaning as in the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094).\n> > \n> > draft heritage item has the same meaning as in [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).\n> > \n> > electrical installation has the same meaning as in the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094).\n> > \n> > finished floor level means the top of the floor surface of each habitable room in the dwelling house.\n> > \n> > flood compatible material has the same meaning as in [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714).\n> > \n> > flood planning level has the same meaning as in [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).\n> > \n> > habitable room has the same meaning as in the Building Code of Australia.\n> > \n> > Northern Rivers Reconstruction Corporation means the Northern Rivers Reconstruction Corporation constituted under the [Growth Centres (Development Corporations) Act 1974](/view/html/inforce/current/act-1974-049), section 4.\n> > \n> > NSW Reconstruction Authority means the NSW Reconstruction Authority established under the [NSW Reconstruction Authority Act 2022](/view/html/inforce/current/act-2022-080), section 7.\n> > \n> > privacy screen has the same meaning as in [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).\n> > \n> > registered professional engineer has the same meaning as in the [Design and Building Practitioners Act 2020](/view/html/inforce/current/act-2020-007).","sortOrder":194},{"sectionNumber":"sch.3-sec-oc.2","sectionType":"section","heading":"General conditions","content":"#### sch.3-sec-oc.2 General conditions\n\nGeneral conditions\n\n> Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).","sortOrder":196},{"sectionNumber":"sch.3-sec-oc.3","sectionType":"section","heading":"Conditions for raising of dwelling houses above flood planning level","content":"#### sch.3-sec-oc.3 Conditions for raising of dwelling houses above flood planning level\n\nConditions for raising of dwelling houses above flood planning level\n\n> Before building work commences, a restriction must be registered in accordance with the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006), section 88E against the title of the property to which the development relates that ensures—\n> \n> > (a) the space under the dwelling house cannot be enclosed, and\n> \n> > (b) a habitable room cannot be constructed below the level to which the dwelling house is raised.","sortOrder":197},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Classification and reclassification of public land","content":"# Schedule 4 Classification and reclassification of public land\n\nSchedule 4 Classification and reclassification of public land\n\n(Clause 5.2)\n\n**sch 4:** Am 2014 (777), Sch 1 \\[1\\] \\[2\\]; 2014 (805), Sch 1 \\[1\\]–\\[3\\]; 2016 (817), Sch 1 \\[1\\] \\[2\\]; 2017 (722), cl 4 (1)–(3); 2019 (414), cl 5; 2021 (15), cl 5; 2022 (832), Sch 1.15\\[8\\].","sortOrder":198},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Environmental heritage","content":"# Schedule 5 Environmental heritage\n\nSchedule 5 Environmental heritage\n\n(Clause 5.10)\n\n**sch 5:** Am 2017 (198), Sch 1 \\[7\\] \\[8\\]; 2018 (660), Sch 1 \\[6\\]; 2020 (771), Sch 1\\[10\\] \\[11\\]; 2020 (786), Sch 1; 2021 (784), cl 5(2); 2022 (514), Sch 1\\[6\\] \\[7\\]; 2023 (605), Sch 1\\[5\\].","sortOrder":202},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Pond-based and tank-based aquaculture","content":"# Schedule 6 Pond-based and tank-based aquaculture\n\nSchedule 6 Pond-based and tank-based aquaculture\n\n(Clause 5.19)","sortOrder":206},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":208},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":210},{"sectionNumber":"10","sectionType":"section","heading":"Pond design","content":"#### 10 Pond design\n\n10 Pond design\n\n> > (1) Must not require the construction of new ponds, water storages, dams or buildings.\n> \n> > (2) Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.\n> \n> > (3) Must be capable of preventing the escape of stock into natural waterbodies or wetlands.","sortOrder":222},{"sectionNumber":"11","sectionType":"section","heading":"Culture water","content":"#### 11 Culture water\n\n11 Culture water\n\n> Must use freshwater.","sortOrder":223}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. The Plan consolidates and replaces earlier local environmental plans for the land it applies to (cl 1.8) while excluding 'Deferred matter' (cl 1.3(1A)). It establishes new mapped controls, site‑specific additional uses and schedules, and has been modified by numerous amendments, which together altered the local regulatory scope and where development consent is required."},"complexity_factors":["Large number of zones and a detailed Land Use Table specifying permitted/consent/prohibited uses","Multiple spatial overlays and external maps (Lot Size Map, Height Map, FSR Map, Heritage Map, Acid Sulfate Soils Map, Flood planning areas)","Extensive cross‑references to State Environmental Planning Policies and other statutes (cl 1.9 and throughout)","Numerous exceptions, discretions and tests for consent (e.g. exceptions to standards cl 4.6; development‑near‑boundaries cl 5.3)","Site‑specific provisions and schedules (Schedule 1 additional permitted uses; Schedule 5 heritage listings)","Technical calculation rules and compliance conditions (FSR/site area rules cl 4.5; complying/exempt development Schedules 2–3)","Special hazard and environmental controls (flood planning cl 5.21, special flood considerations cl 5.22, acid sulfate soils cl 6.1)","Urban release area regime requiring state concurrence and DCPs (Part 7, cl 7.2–7.4)","Document has been amended repeatedly, increasing interpretative complexity (numerous amendment notes)"],"plain_english_summary":"Mechanically, this Plan replaces prior local environmental plans for the land it covers (cl 1.8) and fixes zoning, permitted/prohibited uses, development standards (lot sizes, height, floor‑space), exempt/complying categories and local overlays (heritage, flood, acid sulfate soils). It also creates site‑specific additional uses and schedules. It matters because the Council is the consent authority (cl 1.6), applicants must obtain consent or meet exempt/compliant rules, and landowners and developers bear assessment and compliance costs while adapting proposals to zoning and overlay constraints (see cl 5.21 on flood planning)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":700},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The plan has expanded significantly from its original 2012 scope. Major additions include: post-2022 flood recovery provisions (Part 7 urban release areas, Schedule 3 complying development for house raising); expanded rural tourism provisions (farm gate premises, agritourism); new music and arts protections (clause 5.20); and numerous site-specific amendments. The subdivision controls have become increasingly complex with multiple overlapping clauses. Recent amendments in 2025 added entirely new Part 7 for urban release areas requiring Planning Secretary concurrence, indicating a shift toward more centralized oversight of significant development."},"complexity_factors":["19 separate land use zones with distinct objectives and permitted uses","Extensive cross-referencing to State Environmental Planning Policies and other legislation","Multiple overlapping controls for subdivision (clauses 4.1, 4.1AA, 4.2, 4.2A, 4.2B, 4.2C, 4.2D, 4.2E, 6.8, 6.8A, 6.12)","Nested exceptions and conditional permissions throughout (e.g., intensive livestock agriculture with distance thresholds)","Heritage provisions with multiple approval pathways and consultation requirements","Flood planning provisions with two-tiered assessment (flood planning area and special flood considerations)","Detailed technical requirements for aquaculture, acid sulfate soils, and aircraft noise","Schedule-based structure with 6 schedules containing site-specific provisions and technical standards","Frequent amendment history with clause-specific notes indicating ongoing legislative churn"],"plain_english_summary":"This is the **Lismore Local Environmental Plan 2012**, a planning rulebook that controls what can be built and done on land in the Lismore area of northern New South Wales.\n\n**What it does:**\n- **Zones land** into categories like rural (farming), residential, commercial, industrial, and conservation areas — 19 different zones in total\n- **Sets rules for each zone** about what development is allowed without approval, what needs council approval, and what's banned\n- **Controls subdivision** — how small blocks can be when land is divided up, with special rules for rural areas to stop farmland being broken into unusable pieces\n- **Protects heritage** — lists over 100 heritage buildings, sites and conservation areas that need special approval to alter or demolish\n- **Manages natural hazards** — has strict rules for building in flood-prone areas, including a special fast-track approval for raising flood-damaged houses\n- **Supports rural tourism** — allows farm stays, cellar doors and other tourism uses on working farms\n- **Protects the environment** — includes rules for acid sulfate soils, drinking water catchments, and environmentally sensitive areas\n\n**Who it affects:**\n- Property owners wanting to build, subdivide or change land use\n- Farmers wanting to diversify into tourism or intensive agriculture\n- Developers building in urban release areas\n- Anyone dealing with flood-affected properties\n\n**Why it matters:**\nLismore is highly flood-prone and has significant Aboriginal and European heritage. This plan tries to balance growth with protecting farmland, managing flood risk, and preserving the area's character. It was substantially updated after the 2022 floods to help with recovery, including new rules to fast-track rebuilding raised houses."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"While the core purpose — controlling land use in Lismore — has remained constant, the plan's scope has clearly evolved significantly from its original 2013 form. With over 70 amendments across 13 years, the plan has been progressively modified to respond to events (including Lismore's catastrophic 2022 floods), changing state planning policies, new development pressures, and community needs. The frequency and volume of amendments suggests the plan now covers different land uses, zones, or standards than were originally contemplated."},"complexity_factors":["Extremely long amendment history — over 70 versions since 2013, meaning the rules have changed constantly and tracking what applied at any given time is difficult","Operates as a 'standard instrument LEP' which means it must be read alongside the NSW Standard Instrument template, the Environmental Planning and Assessment Act 1979, and state-level planning policies","Covers an entire local government area with diverse land types (urban, rural, industrial, environmental) each with different rules","Multiple interacting controls including zoning maps, height maps, floor space ratio maps, heritage schedules, and various local provisions","Frequent site-specific amendments mean different rules may apply to neighbouring properties","Requires cross-referencing with separate planning maps (not contained in the text itself) to determine what rules apply to a specific property","Interaction with state environmental planning policies (SEPPs) can override or supplement local rules in ways that are not obvious from reading the LEP alone"],"plain_english_summary":"The Lismore Local Environmental Plan 2012 is the legal rulebook that governs land use and development across the Lismore local government area. It determines who can build or use land, what kinds of development are allowed, and what approvals and conditions apply — affecting homeowners, developers, businesses, farmers and prospective buyers.\n\nIt covers zoning, building scale, heritage and environmental protections, and has been amended many times since 2013, so always check the current version before acting."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/lismore-local-environmental-plan-2012","history":"/api/acts/lismore-local-environmental-plan-2012/history","analysis":"/api/acts/lismore-local-environmental-plan-2012/analysis","conflicts":"/api/acts/lismore-local-environmental-plan-2012/conflicts","importantCases":"/api/acts/lismore-local-environmental-plan-2012/important-cases","documents":"/api/acts/lismore-local-environmental-plan-2012/documents"}}