Part 1 Preliminary

Part 1 Preliminary

1 Name of plan

1 Name of plan

This plan is Lismore Local Environmental Plan 2000.

2 Aims, objectives etc of plan

2 Aims, objectives etc of plan

(1) The general aim of this plan is to provide a flexible planning framework that allows for the maintenance and development of a prosperous, attractive and well-serviced living environment that reflects the values, needs and aspirations of the Lismore community.

(2) The objectives of this plan are—

(a) with respect to the economy—

(i) to stimulate and strengthen the role of Lismore as a regional centre, and

(ii) to provide a range of opportunities which will improve employment opportunities in Lismore, and

(iii) to create opportunities to stimulate tourism and attract visitors to Lismore, and

(b) with respect to transport—

to provide for the efficient movement of goods and people by encouraging adequate road, rail and air transport systems, and

(c) with respect to community development—

to provide opportunities for the establishment of community, health and welfare facilities in accessible locations for residents, and

(d) with respect to heritage—

(i) to conserve the environmental heritage of the City of Lismore, and

(ii) to integrate heritage conservation into the planning and development control processes, and

(iii) to provide for public involvement in the matters relating to the conservation of the City of Lismore’s environmental heritage, and

(iv) to ensure that new development is undertaken in a manner that is sympathetic to, and does not detract from, the heritage significance of heritage items and their settings, as well as streetscapes and landscapes of Lismore and the distinctive character that they impart to the City of Lismore, and

(e) with respect to housing—

to provide a choice in residential living styles and an equitable and appropriate provision of utility services, and

(f) with respect to leisure and learning—

to reinforce the function of Lismore as a regional centre for education, sport, culture and recreation, and

(g) with respect to health—

to promote and maintain the health and well-being of the residents of the City, and

(h) with respect to the natural environment—

to sustain and enhance the City’s natural systems, features and processes, including native fauna and flora, and

(i) with respect to landscape—

to improve the existing landscape of urban and rural Lismore to enhance the image of the City, the characteristics of each location, the built environment and the quality of life for the community, and

(j) with respect to natural hazards—

to minimise the adverse effects of natural hazards, particularly flood, fire and the instability of land, and

(k) with respect to arts and cultural activity—

to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts.

cl 2: Am 2020 (724), Sch 1.9.

3 Land to which plan applies

3 Land to which plan applies

This plan applies to all land within the City of Lismore as shown on the map, with boundaries as indicated on that map.

4 Relationship to other environmental planning instruments

4 Relationship to other environmental planning instruments

(1) Lismore Local Environmental Plan 1992 is repealed.

(2) State Environmental Planning Policy No 4—Development Without Consent is amended by inserting the following words in alphabetical order of local government area in Schedule 2 (Land excepted from clauses 6–10)—

Lismore City local government area

5 Adoption of Model Provisions

5 Adoption of Model Provisions

The Environmental Planning and Assessment Model Provisions 1980 are adopted for the purposes of this plan, with the exception of clauses 4, 8, 14, 15, 16, 17, 23, 29, 32, 33, 34, and 35 (c) of, and clause 11 of Schedule 1 to, those Provisions.

cl 5: Subst 14.6.2002.

6 Definitions

6 Definitions

(1) In this plan, terms defined in Schedule 7 have the same meaning as set out in that Schedule.

(2) In this plan—

(a) a reference to a map is a reference to a map deposited in the office of the Council, and

(b) a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose, and

(c) matter that appears under the heading “Note” is an explanatory note only and does not form part of this plan. It is provided to assist understanding.

7 Consent authority

7 Consent authority

The Council is the consent authority for the purposes of this plan, except as provided otherwise by the Act.

8 Zone identification

8 Zone identification

Land to which this plan applies is within a zone specified below if it is shown on the map as indicated below—

Zone No 1 (a)—(General Rural Zone)—with black edging and lettered “1 (a)”.

Zone No 1 (b)—(Agricultural Zone)—with black edging and lettered “1 (b)”.

Zone No 1 (c)—(Rural Residential Zone)—with black edging and lettered “1 (c)”.

Zone No 1 (d)—(Investigation Zone)—with black edging and lettered “1 (d)”.

Zone No 1 (f)—(Forestry Zone)—with black edging and lettered “1 (f)”.

Zone No 1 (r)—(Riverlands Zone)—with black edging and lettered “1 (r)”.

Zone No 2 (a)—(Residential Zone)—with black edging and lettered “2 (a)”.

Zone No 2 (f)—(Residential (Flood Liable) Zone)—with black edging and lettered “2 (f)”.

Zone No 2 (v)—(Village Zone)—with black edging and lettered “2 (v)”.

Zone No 3 (a)—(Business Zone)—with black edging and lettered “3 (a)”.

Zone No 3 (b)—(Neighbourhood Business Zone)—with black edging and lettered “3 (b)”.

Zone No 3 (f)—(Services Business (Flood Liable) Zone)—with black edging and lettered “3 (f)”.

Zone No 4 (a)—(Industrial Zone)—with black edging and lettered “4 (a)”.

Zone No 5—(Special Uses Zone)—with black edging and lettered “5” (with black lettering indicating the particular use for the land).

Zone No 5 (b)—(Special Uses (Technology Park) Zone)—with black edging and lettered “5 (b)”.

Zone No 6 (a)—(Recreation Zone)—with black edging and lettered “6 (a)”.

Zone No 6 (b)—(Private Recreation Zone)—with black edging and lettered “6 (b)”.

Zone No 7 (a)—(Environment Protection (Natural Vegetation and Wetlands) Zone)—with black edging and lettered “7 (a)”.

Zone No 7 (b)—(Environment Protection (Habitat) Zone)—with black edging and lettered “7 (b)”.

Zone No 8—(National Parks and Nature Reserves Zone)—with black edging and lettered “8”.

9 Exempt and complying development

9 Exempt and complying development

(1) Development of minimal impact listed in Development Control Plan No 39—Exempt Development, as adopted by the Council on 12 October 2004, is exempt development, despite any other provision of this plan.

(2) Development listed in Development Control Plan No 40—Complying Development, as adopted by the Council on 12 October 2004, is complying development if—

(a) it is local development of a kind that can be carried out with consent on the land on which it is proposed, and

(b) it is not an existing use, as defined in section 106 of the Act.

(3) Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development respectively by Development Control Plan No 39—Exempt Development or Development Control Plan No 40—Complying Development, as so adopted.

(4) A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Development Control Plan No 40—Complying Development adopted by the Council, as in force when the certificate is issued.

(5) Exempt and complying development may be carried out within an environmentally sensitive area described in the Table to this clause only if the development is listed in that Table as development that can be carried out in such an area.

Table

Exempt and complying development allowed within environmentally sensitive areas

| Environmentally sensitive areas | Exempt or complying development (as identified in DCP No 39 or 40) that may be carried out— | | | Exempt | Complying | | Flood affected land | All | Additions and alterations to existing dwellings;Swimming pools;Industrial and warehouse building additions;Commercial buildings—alterations and fitouts | | Heritage conservation areas | Aerials and antennae (domestic use);Aviaries;Builders’ sheds;Clotheslines;Cubbyhouses;Fish ponds;Flagpoles;Gas tanks;Gazebos;Greenhouses;Letterboxes;Restumping;Water heaters | Nil | | Catchment areas | All | Nil | | Environment Protection (Natural Vegetation and Wetlands) Zone | All (except farm sheds) | Nil | | Environment Protection (Habitat) Zone | All (except farm sheds) | Nil | | National Parks and Nature Reserves Zone | All (except farm sheds) | Nil | | Agricultural Zone | All | Swimming pools;Commercial buildings—internal alterations | | Areas identified by the Council as bush fire prone areas | All | Dwelling additions, alterations and ancillary development;Swimming pools;Industrial and warehouse buildings additions and alterations;Commercial buildings—minor internal alterations;Existing commercial buildings to be used for certain food premises;Strata subdivisions |

cl 9: Am 11.2.2005; 2005 No 64, Sch 2.34.

10 Savings provisions relating to development applications

10 Savings provisions relating to development applications

A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 must be determined as if that policy had not commenced.

cl 10: Rep 2021 (716), Sch 1.13[1]. Ins 2023 (524), Sch 1.1[3].

Part 2 General provisions

Part 2 General provisions

11 Subdivision of land generally

11 Subdivision of land generally

Except as otherwise provided in this plan, a person may not subdivide land to which this plan applies except with development consent.

cl 11: Subst 14.6.2002.

12 Heritage conservation objectives

12 Heritage conservation objectives

The objectives of this plan in relation to heritage are—

(a) to conserve the environmental heritage of Lismore City, and

(b) to conserve the heritage significance of existing significant fabric, relics, settings and views associated with the heritage significance of heritage items and heritage conservation areas, and

(c) to ensure that archaeological sites and places of Aboriginal heritage significance are conserved, and

(d) to allow for the protection of places which have the potential to have heritage significance but are not identified as heritage items, and

(e) to ensure that the heritage conservation areas throughout Lismore City retain their heritage significance.

cl 12: Subst 14.5.2004.

13 Protection of heritage items and heritage conservation areas

13 Protection of heritage items and heritage conservation areas

(1) When is consent required? The following development may be carried out only with development consent—

(a) demolishing or moving a heritage item or a building, work, relic, tree or place within a heritage conservation area,

(b) altering a heritage item or a building, work, relic, tree or place within a heritage conservation area by making structural or non-structural changes to its exterior, such as to its detail, fabric, finish or appearance,

(c) altering a heritage item by making structural changes to its interior,

(d) disturbing or excavating a place of Aboriginal heritage significance or an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,

(e) moving the whole or a part of a heritage item,

(f) erecting a building on, or subdividing, land on which a heritage item is located or which is within a heritage conservation area.

(2) What exceptions are there? Development consent is not required by this clause if—

(a) in the opinion of the consent authority—

(i) the proposed development is of a minor nature or consists of maintenance of the heritage item or of a building, work, archaeological site, tree or place within a heritage conservation area, and

(ii) the proposed development would not adversely affect the significance of the heritage item or heritage conservation area, and

(b) the proponent has notified the consent authority in writing of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development will comply with this subclause and that development consent is not otherwise required by this plan.

(3) Development consent is not required by this clause for the following development in a cemetery or burial ground if there will be no disturbance to human remains, to relics in the form of grave goods or to a place of Aboriginal heritage significance—

(a) the creation of a new grave or monument, or

(b) an excavation or disturbance of land for the purpose of carrying out conservation or repair of monuments or grave markers.

(4) What must be considered in assessing a development application? Before granting a consent required by this clause, the consent authority must assess the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

Note.

The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).

(5) What extra documentation is needed? The assessment must include consideration of a heritage impact statement that addresses at least the following issues (but is not to be limited to assessment of those issues, if the heritage significance concerned involves other issues). The consent authority may also decline to grant such a consent until it has considered a conservation management plan, if it considers the proposed development should be assessed with regard to such a plan.

(6) The minimum number of issues that must be addressed by the heritage impact statement are—

(a) for development that would affect a heritage item—

(i) the heritage significance of the item as part of the environmental heritage of the City of Lismore, and

(ii) the impact that the proposed development will have on the heritage significance of the item and its setting, including any landscape or horticultural features, and

(iii) the measures proposed to conserve the heritage significance of the item and its setting, and

(iv) whether any archaeological site or potential archaeological site would be adversely affected by the proposed development, and

(v) the extent to which the carrying out of the proposed development would affect the form of any historic subdivision, and

(b) for development that would be carried out in a heritage conservation area—

(i) the heritage significance of the heritage conservation area and the contribution which any building, work, relic, tree or place affected by the proposed development makes to this heritage significance, and

(ii) the impact that the proposed development would have on the heritage significance of the heritage conservation area, and

(iii) the compatibility of the proposed development with nearby original buildings and the character of the heritage conservation area, taking into account the size, form, scale, orientation, setbacks, materials and detailing of the proposed development, and

(iv) the measures proposed to conserve the significance of the heritage conservation area and its setting, and

(v) whether any landscape or horticultural features would be affected by the proposed development, and

(vi) whether any archaeological site or potential archaeological site would be affected by the proposed development, and

(vii) the extent to which the carrying out of the proposed development in accordance with the consent would affect any historic subdivision pattern, and

(viii) the issues raised by any submission received in relation to the proposed development in response to the notification or advertising of the application.

cl 13: Subst 14.5.2004. Am 2008 (571), Sch 3.104 [1].

14

14, 15 (Repealed)

16 Development affecting places or sites of known or potential Aboriginal heritage significance

16 Development affecting places or sites of known or potential Aboriginal heritage significance

Before granting consent for development that is likely to have an impact on a place of Aboriginal heritage significance or a potential place of Aboriginal heritage significance, or that will be carried out on an archaeological site of a relic that has Aboriginal heritage significance, the consent authority must—

(a) consider a heritage impact statement explaining how the proposed development would affect the conservation of the place or site and any relic known or reasonably likely to be located at the place or site, and

(b) except where the proposed development is integrated development, notify the local Aboriginal communities (in such way as it thinks appropriate) of its intention to do so and take into consideration any comments received in response within 21 days after the relevant notice is sent.

cl 16: Subst 14.5.2004. Am 2008 (571), Sch 3.104 [3] [4].

17 Development affecting known or potential archaeological sites of relics of non-Aboriginal heritage significance

17 Development affecting known or potential archaeological sites of relics of non-Aboriginal heritage significance

(1) Before granting consent for development that will be carried out on an archaeological site or a potential archaeological site of a relic that has non-Aboriginal heritage significance (whether or not it is, or has the potential to be, also the site of a relic of Aboriginal heritage significance), the consent authority must—

(a) consider a heritage impact statement explaining how the proposed development will affect the conservation of the site and any relic known or reasonably likely to be located at the site, and

(b) be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.

(2) This clause does not apply if the proposed development—

(a) does not involve disturbance of below-ground deposits and the consent authority is of the opinion that the heritage significance of any above-ground relics would not be adversely affected by the proposed development, or

(b) is integrated development.

cl 17: Subst 14.5.2004. Am 2008 (571), Sch 3.104 [5].

17A Development in the vicinity of a heritage item

17A Development in the vicinity of a heritage item

(1) Before granting consent to development in the vicinity of a heritage item, the consent authority must assess the impact of the proposed development on the heritage significance of the heritage item and of any heritage conservation area within which it is situated.

(2) This clause extends to development—

(a) that may have an impact on the setting of a heritage item, for example, by affecting a significant view to or from the item or by overshadowing, or

(b) that may undermine or otherwise cause physical damage to a heritage item, or

(c) that will otherwise have any adverse impact on the heritage significance of a heritage item or of any heritage conservation area within which it is situated.

(3) The consent authority may refuse to grant any such consent unless it has considered a heritage impact statement that will help it assess the impact of the proposed development on the heritage significance, visual curtilage and setting of the heritage item.

(4) The heritage impact statement should include details of the size, shape and scale of, setbacks for, and the materials to be used in, any proposed buildings or works and details of any modification that would reduce the impact of the proposed development on the heritage significance of the heritage item.

cll 17A–17C: Ins 14.5.2004.

17B Conservation incentives

17B Conservation incentives

The consent authority may grant consent to the use for any purpose of a building that is a heritage item, or of the land on which such a building is erected, even though the use would otherwise not be allowed by this plan, if—

(a) it is satisfied that the retention of the heritage item depends on the granting of consent, and

(b) the proposed use is in accordance with a conservation management plan which has been endorsed by the consent authority, and

(c) the granting of consent to the proposed use would ensure that all necessary conservation work identified in the conservation management plan is carried out, and

(d) the proposed use would not adversely affect the heritage significance of the heritage item or its setting, and

(e) the proposed use would not adversely affect the amenity of the surrounding area otherwise than to an insignificant extent.

cll 17A–17C: Ins 14.5.2004.

17C Development in heritage conservation areas

17C Development in heritage conservation areas

(1) Before granting consent for the erection of a building within a heritage conservation area, the consent authority must be satisfied that the features of the proposed building will be compatible with the heritage significance of the heritage conservation area, having regard to the form of, and materials used in, buildings that contribute to the heritage significance of the heritage conservation area.

(2) In satisfying itself about those features, the consent authority must have regard to at least the following (but is not to be limited to having regard to those features)—

(a) the pitch and form of the roof (if any), and

(b) the style, size, proportion and position of the openings for windows or doors (if any), and

(c) the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building.

cll 17A–17C: Ins 14.5.2004.

18 Preservation of trees

18 Preservation of trees

(1) The objective of this clause is to provide that the Council may regulate the removal or lopping of trees for the purpose of securing or preserving the amenity of premises, a streetscape or a neighbourhood and securing or preserving koala habitat by introducing a development control plan.

(2) Despite any other provision of this plan, a person must not, without development consent, ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree identified in a development control plan approved for the purposes of this clause by the Council on land specified or described in that plan.

cll 18: Am 14.6.2002.

19 Development of land near adjoining zones

19 Development of land near adjoining zones

(1) This clause applies to land within 50 metres of a boundary between any two zones under this plan, or between land zoned under this plan and land to which this plan applies that is not zoned under this plan. However, this clause does not allow development within Zone No 7 (a) or 7 (b).

(2) Subject to subclause (3), development may, with consent, be carried out on land to which this clause applies for any purpose for which development may be carried out in any adjoining zone.

(3) Consent must not be granted to the carrying out of development referred to in subclause (2) unless, in the opinion of the consent authority, the carrying out of the development is desirable due to design, ownership, servicing or similar requirements.

cll 19: Am 14.6.2002.

20 Buffer zones to avoid potential land use conflicts

20 Buffer zones to avoid potential land use conflicts

(1) This clause applies to all land to which this plan applies.

(2) Despite any other provision of this plan, consent must not be granted to residential, rural residential or tourism development (including subdivision for those purposes), unless it has been demonstrated, to the satisfaction of the consent authority, that the proposed development will be compatible with any existing specified land uses in the locality and with surrounding established development.

(3) In subclause (2), specified land uses means use of land for the purposes of cattle dips, dairies, cattle feedlots, chicken farms, intensive horticulture, piggeries, refuse disposal areas, sewage treatment works, quarries and other similar land uses.

21 Investigation areas referred to on zoning map

21 Investigation areas referred to on zoning map

(1) This clause applies to land identified on the map as land to which this clause applies.

(2) Consent must not be granted to the carrying out of development on land to which this clause applies unless the consent authority has considered any likely conflict between the proposed use and longer term future uses of the land.

22 Development on flood affected land

22 Development on flood affected land

(1) The consent authority, when considering a development application involving the subdivision of, or the erection or alteration of buildings on, land shown as floodway, high flood risk area, flood fringe area or CBD flood liable on Map 1 (Lismore Flood Hazard Categories) of the Lismore Floodplain Management Plan, must consider the following—

(a) the need for the floor level of the development to be at or above the flood planning level,

(b) the degree of flood-proofing and the need for flood-free storage,

(c) the need for access to the development when the land is flooded,

(d) the cumulative effect of carrying out the development on the functioning of the floodway,

(e) whether the development will increase the risk to life and property and the need for an evacuation plan.

(2) Despite the provisions of Part 3, the consent authority must not grant consent to the erection of a building on land shown as floodway on Map 1 of the Lismore Floodplain Management Plan unless—

(a) the building is for the purpose of providing utility installations or community facilities, or

(b) the building is located within 10 metres of the boundary of the floodway and a hydraulic study has been carried out for the site which shows, to the consent authority’s satisfaction, that the flood impact of the development (including any associated works) will not adversely affect the flood behaviour of, or increase the flooding impacts on, any other land, or

(c) the building is located within the general aviation area of Lismore Regional Airport, as indicated on the map marked “Lismore Regional Airport” in the Lismore Regional Airport Business Strategy Plan dated June 2002, and the development is consistent with that Plan and maintains the cross sectional integrity of the floodway, or

(d) the building is located on an allotment forming part of the concept plan for the airport industrial estate, as indicated on Map 2 (Concept for Development of Airport Land) of the Lismore Floodplain Management Plan.

(2A) Despite the provisions of Part 3, the consent authority must not grant consent to an alteration to an existing building on land shown as floodway on Map 1 of the Lismore Floodplain Management Plan unless all of the following are satisfied—

(a) the alteration will not result in the creation of any new dwelling,

(b) there is no expansion of the building footprint,

(c) all building work that is not internal is above the flood standard,

(d) any new materials at or below the flood standard in internal work are flood compatible,

(e) a certificate is provided from a suitably qualified engineer that states that the building (including its foundations) when modified will be able to withstand the impacts of the floodwaters and debris in the floodway for floods up to the 1 in 500 year average recurrence interval (ARI) flood.

(3) Despite the provisions of Part 3, the consent authority must not grant consent to development for the purpose of a dwelling or a caravan park on land shown as high flood risk area on Map 1 of the Lismore Floodplain Management Plan unless the consent authority—

(a) has considered a flood report prepared by a suitably qualified consultant which provides site specific detail relating to the predicted depths and velocities of the 1 in 100 year average recurrent interval (ARI) flood, and

(b) is satisfied that the flooding characteristics of the site indicated by the flood report are less hazardous than the criteria for flood depth and velocity adopted for the high flood risk area in the Lismore Floodplain Management Plan.

(4) Despite the provisions of Part 3, a person must not carry out filling on land shown as floodway, high flood risk area, flood fringe area or CBD flood liable on Map 1 (Lismore Flood Hazard Categories) of the Lismore Floodplain Management Plan except with development consent.

(5) In this clause—

average recurrence interval (ARI) means the average period between the recurrence of a storm event of a given rainfall intensity. The ARI represents a statistical probability.

flood planning level means the level equivalent to the 1 in 100 year ARI flood level plus freeboard of 300 millimetres. (The 1 in 100 year ARI flood levels for the Lismore urban area are shown on Map 2 of Development Control Plan No 7—Flood Prone Lands dated November 2003. The freeboard adopted by that Plan is 300 millimetres. So the flood planning level may be calculated by adding 300 millimetres to the 1 in 100 year ARI flood level for the relevant area shown on Map 2 of that Plan.)

Lismore Floodplain Management Plan means the Lismore Floodplain Management Plan dated October 2002, deposited in the office of the Council.

cl 22: Subst 27.2.2004. Am 2006 (626), Sch 1 [1] [2].

23 Irrigation, forestry and flood mitigation works

23 Irrigation, forestry and flood mitigation works

Nothing in this plan is to be construed as restricting or prohibiting (or enabling the consent authority to restrict or prohibit) the carrying out, or causing to be carried out, by a public authority, of any work for the purpose of—

(a) soil conservation, or

(b) irrigation, or

(c) afforestation, or

(d) reforestation, or

(e) flood mitigation, or

(f) water conservation, or

(g) river improvements,

in pursuance of the provisions of the Water Act 1912, the Irrigation Act 1912, the Farm Water Supplies Act 1946, the Rivers and Foreshores Improvement Act 1948 or the Local Government Act 1993.

cl 23: Am 14.6.2002.

24 Development for the purpose of advertisements

24 Development for the purpose of advertisements

(1) Erection or display of advertisements Development for the purpose of the erection or display of an advertisement in a zone is development that—

(a) may be carried out without development consent if it is listed under the heading “Without development consent” for that zone, or

(b) may be carried out only with development consent if it is listed under the heading “Only with development consent” for that zone, or

(c) is prohibited if it is listed under the heading “Prohibited” for that zone,

in the Table to clause 5 of Lismore Development Control Plan No 36 as adopted by the Council on 14 August 2001.

(2) (Repealed)

(3) Advertisements on trailers and motor vehicles on public land The development of public land (within the meaning of clause 74) to display an advertisement for a commercial purpose on a motor vehicle or trailer is prohibited. This subclause does not apply to a motor vehicle or a trailer attached to a motor vehicle while the vehicle or vehicle and trailer are otherwise lawfully on the carriageway of a public street.

(4) Directional signs Nothing in this clause requires development consent for the erection or display of a directional sign by the Council or another public authority.

(5) Matters for assessment relating to outdoor advertising When assessing a development application for consent to development for the purpose of the erection or display of an advertisement, the consent authority shall take into consideration the following—

(a) the size and number of advertising signs both proposed and existing,

(b) the relationship of the advertising sign to the scale, character and architecture of the premises where the sign is to be sited,

(c) the impact of the sign on the streetscape and heritage value (if any) of the area,

(d) the colour, graphics and standard of presentation of the advertising sign,

(e) the impact of the advertising sign on traffic safety in the area, and on residential amenity, where relevant,

(f) any Council policy in relation to the control of outdoor advertising.

cl 24: Am 14.6.2002; 14.5.2004; 2006 (672), Sch 1 [1].

25 Development along main roads

25 Development along main roads

(1) Consent must not be granted to the carrying out of development on land that has frontage to a main road, unless—

(a) vehicular access to that land is provided by a road other than the main road, wherever possible, and

(b) in the opinion of the consent authority, the safety and efficiency of the main road will not be adversely affected by—

(i) the design of the vehicular access to the proposed development, or

(ii) the emission of smoke or dust from the proposed development, or

(iii) the nature, volume or frequency of vehicles using the main road to gain access to the proposed development.

(2) Notwithstanding the provisions of subclause (1), consent must not be granted to the carrying out of development listed in Schedule 3 on land within Zone No 1 (a), 1 (b), 1 (c), 1 (d), 1 (r), 7 (a) or 7 (b) if the development will create direct vehicular access to—

(a) a main road, or

(b) a road connecting with a main road, where the access to that road is within 90 metres (measured along the road alignment of the connecting road) of the alignment of the main road.

cl 25: Am 14.6.2002.

26 Suspension of certain laws etc

26 Suspension of certain laws etc

(1) For the purpose of enabling development to be carried out in accordance with this plan (as in force at the time the development is carried out) or in accordance with a consent granted under the Act, any agreement, covenant or other like instrument imposing restrictions as to the erection of or use of buildings for certain purposes, or as to the use of land for certain purposes, to the extent necessary to serve that purpose, shall not apply to development carried out in accordance with this plan.

(2) Pursuant to section 28 of the Act, before the making of this clause, the Governor approved of subclause (1).

27

27 (Repealed)

28 Additional development on certain land

28 Additional development on certain land

Despite any other provision of this plan, a person may, with development consent, carry out development on land specified in Column 1 of Schedule 4, if the development is specified in Column 2 of that Schedule opposite the land, subject to compliance with the development standards or other conditions (if any) specified in Column 3 of that Schedule opposite the land.

cl 28: Subst 14.6.2002.

28A Development on land identified on Acid Sulfate Soil Planning Maps

28A Development on land identified on Acid Sulfate Soil Planning Maps

(1) Objectives The objectives of this clause are to require special assessment of certain developments on land identified as being subject to acid sulfate soils and to provide for a regime of self-regulation by organisations which have demonstrated to Council their ability to manage acid sulfate soil issues.

(2) Consent usually required A person must not, without the consent of Council, carry out works described in the following table on land of the class specified for those works, except as provided by subclause (4).

| Class of land as shown on Acid Sulfate Soil Planning Map | Works | | 1 | Any Works. | | 2 | Works below natural ground surfaceWorks by which the watertable is likely to be lowered. | | 3 | Works beyond 1 metre below the natural ground surfaceWorks by which the watertable is likely to be lowered beyond 1 metre below natural ground surface. | | 4 | Works beyond 2 metres below the natural ground surfaceWorks by which the watertable is likely to be lowered beyond 2 metres below natural ground surface. | | 5 | Works within 500 metres of adjacent Class 1, 2, 3 or 4 land which are likely to lower the watertable below 1 metre AHD on adjacent Class 1, 2, 3 or 4 land. |

(3) For the purpose of subclause (2) works includes—

(a) any disturbance of more than one tonne of soil (such as occurs in carrying out agriculture, agricultural-related works, the construction or maintenance of drains, engineering works, extractive industries, dredging, the construction of artificial waterbodies (including canals, dams and detention basins) or foundations, or flood mitigation works), or

(b) any other works that are likely to lower the watertable.

(4) Exception following preliminary assessment This clause does not require consent for the carrying out of works if—

(a) a copy of a preliminary assessment of the proposed works undertaken in accordance with the Acid Sulfate Soils Assessment Guidelines has been given to Council, and

(b) the Council has provided written advice to the person proposing to carry out the works confirming that results of the preliminary assessment indicate the proposed works need not be carried out pursuant to an acid sulfate soils management plan prepared in accordance with the Acid Sulfate Soils Assessment Guidelines.

(5) Application guidelines Applicants should consult Lismore City Council Development Control Plan No 38—Acid Sulfate Soils prior to lodgement of applications and prepare their application in accordance with the requirements of that DCP.

(6) Considerations for consent authority Council must not grant consent, pursuant to this clause, unless it has first considered—

(a) the adequacy of an acid sulfate soils management plan prepared for the proposed development in accordance with the Acid Sulfate Soils Assessment Guidelines, and

(b) the likelihood of the proposed development resulting in the discharge of acid water, and

(c) (Repealed)

(7) Public authorities not excepted This clause requires consent for development to be carried out by Lismore City Council, other councils, county councils or drainage unions despite—

(a) Clause 23 of this plan, and

(b) Clause 35 and item 2 of Schedule 1 to the Environmental Planning and Assessment Model Provisions 1980, as adopted by this plan.

(c) (Repealed)

(8) Special provisions for Council and county councils Notwithstanding the provisions of subclause (7), the following types of development may be carried out without consent by the Council or a county council—

(a) development consisting of emergency work,

(b) development consisting of routine maintenance, and

(c) development consisting of minor work,

and development ancillary to that development, such as the carrying out of excavation work, the construction of accessways and the provision of power supplies.

(9) Despite subclause (8), development consisting of routine maintenance or minor work may be carried out only with consent if the development is on a site listed as a heritage item in Schedule 1.

(10) Where the Council or a county council carries out development described in subclause (8) and encounters, or is likely to encounter, actual acid sulfate soils, the Council or county council shall properly deal with those soils in accordance with the Acid Sulfate Soils Guidelines so as to minimise the actual or potential impact to the environment arising from disturbance to the soils.

(11) In this clause—

council’s work means such works as are owned or controlled by the Council.

county council has the same meaning as in the Local Government Act 1993.

emergency work means the repair or replacement of any part of the Council’s works or the works of a county council—

(a) because it has been (or is being) damaged by a natural disaster, an accident, an act of vandalism or a like occurrence, or

(b) because it has ceased to function or suddenly ceased to function adequately,

and includes work reasonably necessary to prevent or limit any further damage or malfunction.

minor work means new work effected by the Council or a county council, but not drainage work, which has a value not greater than $20,000.

routine maintenance means the periodic inspection, cleaning, repair and replacement of the Council’s works or the works of a county council, but does not include work that would result in an increase in the design capacity of any part of those works or necessitate the deepening of an existing works capacity, except where one tonne, or less, of soil is disturbed.

works of a county council means such works as are owned or controlled by a county council.

(12) Special provisions for NSW Sugar Milling Cooperative Ltd Subclauses (2) and (6) do not apply to works carried out on land shown as class 1, 2, 3, 4 and 5 land on the series of maps marked “Acid Sulfate Soil Planning Map” for the purpose of agriculture (including drains, land levelling, dams, road works and the like) provided that—

(a) a Production Area Entitlement with the NSW Sugar Milling Cooperative Ltd applies to the land at the time of carrying out the works, and

(b) the works are carried out in accordance with a drainage management plan lodged with and endorsed by the NSW Sugar Milling Cooperative, and

(c) the drainage management plan has been prepared in accordance with the Sugar Industry Best Practice Guidelines, a copy of which is available at the office of the Council, and

(d) the Sugar Industry Best Practice Guidelines have been approved by the Director-General of the Department of Urban Affairs and Planning in consultation with the NSW Acid Sulfate Soils Management Advisory Committee (ASSMAC) and the Department of Agriculture and have been adopted by the Council, and

(e) the works are not carried out in respect of any major drain listed in Schedule 8, or on land within Zone No 7 (a) or 7 (b), and

(f) Council has not served a notice on the person carrying out or using the works requiring that the carrying out or use of the works must cease or that development consent must be obtained prior to the carrying out or further use of the works.

(13) An annual review of drainage management plans and works to which subclause 12 relates is to be carried out by, or on behalf of, the NSW Sugar Milling Co-operative Ltd to a standard satisfactory to the Council and the Co-operative is to provide the Council with a copy of the results of the review immediately after it has been carried out. The Council may issue a notice under subclause (12) (f) relating to any one or more of those works if either of those requirements is not complied with.

cl 28A: Ins 1.12.2000. Am 14.5.2004; 2007 (641), Sch 5.23 [1] [2]; 2008 (571), Sch 3.104 [6].

28B Demolition of a building or work

28B Demolition of a building or work

A person must not demolish any building or work except with development consent, unless—

(a) the demolition is authorised by a condition of consent for a subdivision or other development, or

(b) an order to demolish has been issued by the Council under Division 2A of Part 6 of the Act, or

(c) the building or work is exempt development.

cl 28B: Ins 14.6.2002.

28C Exceptions to development standards

28C Exceptions to development standards

(1) The objectives of this clause are as follows—

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

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

(2) Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3) Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant for development consent has demonstrated that—

(a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and

(b) there are sufficient environmental planning grounds to justify the contravention of the development standard.

Note—

The Environmental Planning and Assessment Regulation 2021 requires the development application to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).

(4) The consent authority must keep a record of its assessment carried out under subclause (3).

(5) (Repealed)

(6) Development consent must not be granted under this clause for a subdivision of land in Zone No 1 (a) (General Rural Zone), Zone No 1 (b) (Agricultural Zone), Zone No 1 (c) (Rural Residential Zone), Zone No 1 (d) (Investigation Zone), Zone No 1 (f) (Forestry Zone), Zone No 1 (r) (Riverlands Zone), Zone No 7 (a) (Environment Protection (Natural Vegetation and Wetlands) Zone), Zone No 7 (b) (Environment Protection (Habitat) Zone) or Zone No 8 (National Parks and Nature Reserves Zone) if—

(a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or

(b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.

(7) (Repealed)

(8) This clause does not allow development consent to be granted for development that would contravene any of the following—

(a) a development standard for complying development,

(b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated.

cl 28C: Ins 2019 (659), Sch 1.17. Am 2023 (524), Sch 1.1[1].

28D Temporary use of land

28D Temporary use of land

(1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2) Despite any other provision of this plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.

(3) Development consent must not be granted unless the consent authority is satisfied that—

(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this plan and any other applicable environmental planning instrument, and

(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4) Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.

(5) Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).

cll 28D: Ins 2019 (659), Sch 2.17.

28E Conversion of fire alarms

28E Conversion of fire alarms

(1) This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.

(2) The following development may be carried out, but only with development consent—

(a) converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,

(b) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,

(c) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.

(3) Development to which subclause (2) applies is complying development if it consists only of—

(a) internal alterations to a building, or

(b) internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.

(4) A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.

(5) In this clause—

private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.

cll 28E: Ins 2019 (659), Sch 2.17.

28F Standards that cannot be used to refuse consent—playing and performing music

28F Standards that cannot be used to refuse consent—playing and performing music

(1) The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—

(a) the playing or performance of music, including the following—

(i) the genre of music played or performed, or

(ii) whether the music played or performed is live or amplified, or

(iii) whether the music played or performed is original music, or

(iv) the number of musicians or live entertainment acts playing or performing, or

(v) the type of instruments played,

(b) whether dancing occurs,

(c) the presence or use of a dance floor or another area ordinarily used for dancing,

(d) the direction in which a stage for players or performers faces,

(e) the decoration to be used, including, for example, mirror balls, or lighting used by players or performers.

(2) The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.

(3) In this clause—

licensed premises has the same meaning as in the Liquor Act 2007.

cl 28F: Ins 2020 (724), Sch 3.

28G Canal estate development prohibited

28G Canal estate development prohibited

(1) Canal estate development is prohibited on land to which this Plan applies.

(2) In this clause—

canal estate development has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

cl 28G: Ins 2022 (629), Sch 2[4].

Part 3 Provisions applying to particular zones

Part 3 Provisions applying to particular zones

pt.3-div

29 Zone objectives and zoning control tables

29 Zone objectives and zoning control tables

(1) The objectives of each zone are set out in the table in this Part that provides general zoning controls for that zone, under the heading “Objectives (or Objective) of zone”.

(2) Except as otherwise provided for by this plan, for each zone, the development that—

(a) may be carried out without development consent, is indicated in the table that provides general zoning controls for that zone under the heading “Without development consent”, or

(b) may be carried out only with development consent, is indicated in that table under the heading “Only with development consent”, or

(c) is prohibited, is indicated in that table under the heading “Prohibited”.

(3) The consent authority must not grant consent to the carrying out of development in a particular zone unless the consent authority is of the opinion that the proposed development is consistent with the objectives of the zone in which it is to be carried out.

(4) (Repealed)

cl 29: Am 2021 (716), Sch 1.13[2].

Division 1 Rural zones

Division 1 Rural zones

30 Zone No 1 (a) (General Rural Zone)

30 Zone No 1 (a) (General Rural Zone)

The following table provides general zoning controls for Zone No 1 (a)—

Table

cl 30, table: Am 14.6.2002; 8.11.2002; 14.5.2004; 2006 (672), Sch 1 [2]; 2021 (716), Sch 1.13[3].

31 Zone No 1 (b) (Agricultural Zone)

31 Zone No 1 (b) (Agricultural Zone)

The following table provides general zoning controls for Zone No 1 (b)—

Table

cl 31, table: Am 14.6.2002; 8.11.2002; 14.5.2004; 2006 (672), Sch 1 [3]; 2021 (716), Sch 1.13[3].

32 Zone No 1 (c) (Rural Residential Zone)

32 Zone No 1 (c) (Rural Residential Zone)

The following table provides general zoning controls for Zone No 1 (c)—

Table

cl 32, table: Am 14.6.2002; 8.11.2002; 14.5.2004; 2006 (672), Sch 1 [4]; 2021 (716), Sch 1.13[3].

33 Zone No 1 (d) (Investigation Zone)

33 Zone No 1 (d) (Investigation Zone)

The following table provides general zoning controls for Zone No 1 (d)—

Table

cl 33, table: Am 14.6.2002; 14.5.2004; 2021 (716), Sch 1.13[3].

34 Zone No 1 (f) (Forestry Zone)

34 Zone No 1 (f) (Forestry Zone)

The following table provides general zoning controls for Zone No 1 (f)—

Table

cl 34, table: Am 2021 (716), Sch 1.13[3].

35 Zone No 1 (r) (Riverlands Zone)

35 Zone No 1 (r) (Riverlands Zone)

The following table provides general zoning controls for Zone No 1 (r)—

Table

cl 35, table: Am 14.6.2002; 8.11.2002; 14.5.2004; 2006 (672), Sch 1 [5]; 2021 (716), Sch 1.13[3].

36 Subdivision and development in rural zones

36 Subdivision and development in rural zones

(1) Consent must not be granted to the subdivision of land within a zone shown in Column 1 of the Table to this subclause unless the area of each lot to be created is not less than the area shown opposite that zone in Column 2 of the table.

Table

| Column 1 | Column 2 | | Zone | Minimum area | | No 1 (a) General Rural Zone | 40 ha | | No 1 (b) Agricultural Zone | 20 ha (see Note 1 to this Table) | | No 1 (c) Rural Residential Zone | 0.2 ha (see Note 2 to this Table) | | No 1 (d) Investigation Zone | 40 ha | | No 1 (r) Riverlands Zone | 40 ha |

Note 1.

See also subclause (2).

Note 2.

See also clause 40 (2) (e).

(2) Notwithstanding subclause (1), consent may be granted to the subdivision of land within Zone No 1 (b), if the consent authority is satisfied the land will be used for the purpose of horticulture, where the area of each lot to be created is not less than 13 hectares and, before consent is granted, a plan of management and a financial feasibility report have been prepared that are to the satisfaction of the consent authority.

(3) In determining an application to which subclause (2) applies, the consent authority shall consider the following matters—

(a) the area and quality of the land concerned and its potential horticultural productivity,

(b) the likely effects, both economic and otherwise, that the proposed subdivision will have on agricultural/horticultural industries in the area and the resources employed by or in connection with those industries,

(c) the likely effects, both economic and otherwise, that the proposed subdivision will have on the use and development of other land and resources in the area,

(d) whether there are any reasonable alternatives to the proposed subdivision in the circumstances,

(e) the effect of the existence of, or potential to erect, a dwelling on the land concerned,

(f) the cumulative effect of similar proposals,

(g) the likelihood of the proposed lots remaining available for horticultural use,

(h) the adequacy of the water supply to the proposed lots.

(4) Despite subclause (1), consent may be granted to the subdivision of land within Zone No 1 (a), 1 (b), 1 (c), 1 (d) or 1 (r) to create a lot of any size if the consent authority is satisfied that the lot will be used for a public utility undertaking within that zone and, in the opinion of the consent authority—

(a) the lot has a satisfactory shape and frontage for that use, and

(b) the lot will not cause a traffic hazard or create or tend to create further ribbon development along a road.

(5) Notwithstanding subclause (1), consent may be granted to a subdivision of land to adjust common boundaries between rural lots so as to create allotments that will be smaller than allowed by that subclause where—

(a) the consent authority is satisfied that a more efficient land use can be achieved that is not significantly inconsistent with the objectives of the rural zones, and

(b) no additional lots or dwelling entitlements are created, and

(c) the proposed use of the lots would not conflict with the surrounding agricultural or other uses, and

(d) consideration has been given by the consent authority to the minimum lot sizes contained in the Table to subclause (1) and in subclause (2), and

(e) no additional entitlement for subdivision is created pursuant to subclause (1) or (2).

(6) Nothing in this clause shall prohibit or restrict subdivision for any of the following purposes—

(a) the opening or widening of a public road,

(b) adjustments to common property boundaries where the area of the existing lots is unaltered,

(c) rectifying an encroachment on an existing lot.

cl 36: Am 14.6.2002; 14.5.2004; 2006 (672), Sch 1 [6]–[9]; 2008 (571), Sch 3.104 [7].

cl 36, table: Am 14.6.2002.

37 Rural dwellings and rural dual occupancy

37 Rural dwellings and rural dual occupancy

(1) This clause applies to land within Zone No 1 (a), 1 (b), 1 (c), 1 (d) or 1 (r).

(2) Consent may be granted to the erection of a dwelling-house on a parcel of land to which this clause applies only if erection of the dwelling-house will result in no more than one dwelling-house on the same parcel, unless provided otherwise by this Part.

(3) Consent may be granted to the erection of a dwelling-house on land to which this clause applies only if the land—

(a) contains a site that is, in the opinion of the consent authority, suitable for a dwelling-house and that is easily accessed from a public road at a point of entry that will not cause a traffic hazard, and

(b) is of a suitable shape and size for the on-site disposal of septic waste, as verified by absorption tests or more detailed professional assessment to the satisfaction of the consent authority, and

(c) has a site for the dwelling-house and access that are not subject to adverse flood hazards, and

(d) when used for the dwelling-house, will minimise conflict with adjoining uses, and

(e) has a site for the dwelling-house that is not subject to erosion or landslip.

(4) Consent may be granted to the erection of a dwelling-house on land to which this clause applies only if the land—

(a) consists of an allotment having an area equal to or greater than the area specified in the Table to clause 36 (1) for the zone in which the land is situated, or

(b) consists of an allotment that was lawfully created in accordance with clause 36 (2), or

(c) consists of an allotment of any size that was lawfully created, or approved by the Council or consented to, before 27 March 1992 (the date of commencement of Lismore Local Environmental Plan 1992) and on which the dwelling-house could have been lawfully erected immediately before that date, or

(d) consists of an allotment consented to for use for residential purposes, in accordance with the provisions of Lismore Local Environmental Plan 1992, or

(e) consists of an allotment created in accordance with paragraph (a), (b), (c) or (d), the boundaries of which have been subsequently altered—

(i) in accordance with clause 36 (5), or

(ii) through the opening or widening of a public road in accordance with the Roads Act 1993.

(5) State Environmental Planning Policy No 1—Development Standards applies to subclause (4) (a) and (b) in the same way as it applies to a development standard.

(6) A second dwelling-house may be erected on an allotment of land to which this clause applies, with consent, if—

(a) on or before the completion of the second dwelling-house the first dwelling-house on the allotment is demolished or rendered uninhabitable so that it is not able to be separately occupied as a dwelling-house, or

(b) the second dwelling-house is to be erected on land within Zone No 1 (c) or land listed in Schedule 4 with a purpose of rural residential subdivision listed in Column 2 of that Schedule and the consent authority is satisfied that—

(i) both dwellings have the same vehicular access from a public road, and

(ii) the second dwelling-house is located wholly within a radius of 80 metres from the first dwelling-house, and

(iii) the land is physically suitable for the construction of two dwelling-houses, and

(iv) the land is physically capable of accommodating effluent disposal areas for both dwelling-houses.

(7) Where, in accordance with this clause, development for the purpose of a dwelling-house may be carried out on an allotment of land, a person may, with development consent—

(a) erect a dual occupancy building on the allotment, or

(b) alter or add to a dwelling-house erected on the allotment so as to create a dual occupancy building.

cl 37: Am 14.6.2002; 2006 (672), Sch 1 [10].

38 Caretaker’s residence

38 Caretaker’s residence

Consent may be granted to the erection on an allotment of land of a caretaker’s residence which is ancillary to a use of land (other than for agriculture, forestry, a dwelling-house or a rural worker’s dwelling) for which development consent has been granted, provided the consent authority is satisfied that—

(a) the caretaker’s residence is necessary for the security and/or supervision of the principal use of the land, and

(b) the principal use of the land has been established or is being established, and

(c) where the principal use of the land involves a building, the caretaker’s residence is to be physically attached to or within the curtilage of such building, and

(d) the land on which the caretaker’s residence is to be erected satisfies the requirements of clause 37 (3) and a dwelling is permissible in accordance with the provisions of clause 37 (4).

cl 38: Am 14.5.2004.

39 Rural workers’ dwellings

39 Rural workers’ dwellings

(1) This clause applies to land within Zone No 1 (a), 1 (b), 1 (d) or 1 (r).

(2) Rural workers’ dwellings may, with consent, be erected on a parcel of land to which this clause applies provided—

(a) each dwelling is on the same parcel of land as the principal farm dwelling and the principal farm dwelling is occupied by the landowner or manager or someone engaged in the operation of the farm, and

(b) each dwelling is to be occupied by a worker directly engaged in agricultural employment on that land, and

(c) the applicant demonstrates that the nature, scale and output of the agricultural enterprise generates enough income to support an employee who is to be housed in the dwelling, and

(d) evidence is provided showing how the employee will assist in the operation of the farm and that no alternative local labour or housing is likely to be available, and

(e) any other dwellings on that land are used by persons substantially engaged in agricultural employment on that land, and

(f) the erection of each dwelling will not significantly reduce the suitability of the land for agriculture or create conflict with adjoining land uses, and

(g) each dwelling shares the same access road as the principal farm dwelling.

(3) A rural worker’s dwelling may, with consent, be erected on a lot of land to which this clause applies on which a rural worker’s dwelling is already in existence only if the total number of rural workers’ dwellings will not exceed one for each 40 hectares of land within Zone No 1 (a) or 1 (d) and one for each 20 hectares of land within Zone No 1 (b).

cl 39: Am 14.6.2002.

40 Rural residential development

40 Rural residential development

(1) This clause applies to land within Zone No 1 (c).

(2) Consent must not be granted to a subdivision of land to which this clause applies if the consent authority is satisfied that the land will be used for rural residential development unless—

(a) the consent authority has had regard to the matters relating to environmental impact specified in Schedule 5, and

(b) the size and shape of each lot to be created and the range of proposed lot sizes are, in the opinion of the consent authority, satisfactory having regard to the land’s capability and potential for conflicting uses, and

(c) arrangements satisfactory to the consent authority have been made for the provision of a water supply and the disposal of stormwater and sewage effluent, and

(d) arrangements satisfactory to the consent authority have been made to protect the environment, and

(e) the average area of all allotments to be created by the subdivision is not less than 0.5 hectare.

(3) Consent must not be granted to a subdivision of land to which this clause applies if, as a result of the subdivision, the total number of allotments—

(a) that the consent authority is satisfied will be used for the purpose of dwellings, and

(b) that will have been created from land to which this clause applies in any of the successive 5-year periods following the commencement of this plan,

will exceed the number fixed by the Council in respect of that period for the purposes of this clause.

cl 40: Am 2008 (571), Sch 3.104 [8] [9].

41 Development on ridgetops in rural areas

41 Development on ridgetops in rural areas

(1) This clause applies to land within Zone No 1 (a), 1 (b), 1 (c), 1 (d) or 1 (r).

(2) Consent may be granted to the carrying out of development on land to which this plan applies on or near any ridgeline visible from any public road only if, in the opinion of the consent authority, the development is not likely to detract from the visual amenity of the rural area and is in the community interest.

(3) In determining whether to grant such a consent, the consent authority shall consider the following—

(a) the height and location of any building that will result from carrying out the development,

(b) the reflectivity of materials to be used in carrying out the development,

(c) the likely effect of carrying out the development on the stability of the land,

(d) the bush fire hazard,

(e) whether landscaping proposals satisfactory to the consent authority have been made.

(f) (Repealed)

cl 41: Am 14.6.2002.

42 Rural landsharing community development

42 Rural landsharing community development

(1) This clause applies to land within Zone No 1 (a) or 1 (c) that has been identified in the Lismore Rural Housing Strategy as being within a potential closer rural settlement locality.

(2) Consent may be granted to development for the purpose of 3 or more dwellings (inclusive of any existing dwellings on the land) on land to which this clause applies if—

(a) the land comprises a single allotment, and

(b) the land has an area of not less than 10 hectares, and

(c) the part of the land on which any dwelling or structure is to be situated does not have a slope in excess of 18 degrees, and

(d) not more than 25 per cent of the land consists of prime agricultural land, and

(e) the part of the land on which any structure or work is to be situated is not prime agricultural land, and

(f) the majority of the allotment is within an area identified as potentially suitable for rural landsharing community development in the Lismore Rural Housing Strategy, and

(g) the land is within 4 km by road of—

(i) a primary school, or

(ii) a shop, or

(iii) a community hall, or

(iv) an existing rural landsharing community development where the number of approved dwellings exceeds 25, or

(v) 2 or more existing rural landsharing community developments where the total number of approved dwellings exceeds 25, and

(h) the land is within 2 km by road of an arterial, sub-arterial or collector road as identified on map 3 of Part B of the Lismore Rural Housing Strategy.

(3) Consent must not be granted to development pursuant to this clause unless the consent authority has taken into consideration the following matters—

(a) the means proposed for establishing land ownership, dwelling occupancy rights and environmental and community management,

(b) the area or areas proposed for the erection of buildings, including any proposal for the clustering of buildings,

(c) the area or areas proposed for community use (other than areas for residential accommodation and home improvement areas),

(d) the need for any proposed development for community use that is ancillary to the use of the land,

(e) the availability and standard of public road access to the land,

(f) the availability of a water supply to the land for domestic, agricultural and fire fighting purposes and, if required by the applicant, the availability of electricity and telephone services,

(g) the availability of community facilities and services to meet the needs of the occupants of the land,

(h) whether adequate provision has been made for waste disposal from the land,

(i) the impact of the development on the vegetation cover of the land and any measures proposed for environmental protection, site rehabilitation or reforestation,

(j) whether the land is subject to a risk of flooding, bush fires, landslip or erosion or whether there are areas with actual or potential acid sulfate soils and, if so, the adequacy of any measures proposed to protect occupants, buildings, internal access roads, service installations and land adjoining the development from any such hazard,

(k) the visual impact of the proposed development on the landscape,

(l) the effect of the proposed development on the present and potential use, including agricultural use, of the land and of lands in the vicinity, including the need for separation and buffers to avoid conflicts with existing land use,

(m) the effect of the proposed development on the quality of the water resources in the vicinity,

(n) the impact on any known Aboriginal relics or sites,

(o) the impact of the proposed development on any heritage item, relic or site.

(4) Consent must not be granted to development pursuant to this clause unless the consent authority has considered an environmental management plan for the development that makes comprehensive proposals for the following—

(a) water management,

(b) waste management,

(c) prevention, control and management of soil erosion,

(d) bush fire management,

(e) management of flora and fauna, control of noxious weeds and noxious animals and environmental repair and enhancement measures,

(f) a communal plan for social organisation,

(g) provision and maintenance of internal roads, boundary fences, water reticulation, service corridors for telephone and electricity cables and similar matters.

(5) Consent must not be granted to development pursuant to this clause of land with an area specified in Column 1 of the Table to this subclause unless the number of proposed dwellings on the land, together with any existing dwellings on the land, does not exceed the number calculated in accordance with the formula specified in Column 2 of the Table to this subclause for land with that area.

Table

| Column 1 | Column 2 | | Area of land | Number of dwellings where A represents the area of the land the subject of the application (measured in hectares) | | Not less than 10 hectares but not more than 210 hectares | | | More than 210 hectares but not more than 360 hectares | | | More than 360 hectares | 80 |

(6) If the number of dwellings calculated in accordance with the formula in subclause (5) includes a fraction, the number is to be rounded up to the nearest whole number in the case of a fraction of one-half or more, or rounded down to the nearest whole number in the case of a fraction of less than one-half.

(7) Even if the number of proposed dwellings on the land, together with any existing dwellings on the land, does not exceed the maximum number of dwellings permitted by subclause (5), the consent must not be granted if those dwellings are so designed that they could, in the consent authority’s opinion, reasonably accommodate more people than the number calculated by multiplying that maximum number of dwellings by 4.

(8) Where development is carried out on land pursuant to this clause, the subdivision of that land is prohibited except where otherwise permitted under clause 36.

(9) In this clause—

Lismore Rural Housing Strategy means the Lismore Rural Housing Strategy dated February 2002 and deposited in the office of the Council.

cl 42: Rep 14.6.2002. Ins 17.1.2003.

42A Restriction on number of dwellings that may be created under clause 42

42A Restriction on number of dwellings that may be created under clause 42

Consent must not be granted to development for the purpose of dwellings pursuant to clause 42 if the total of the number of dwellings created during a 10 year period in accordance with such consents would exceed the maximum number specified by the Council.

cl 42A: Ins 17.1.2003. Am 2008 (571), Sch 3.104 [10].

43

43 (Repealed)

44 Safety area

44 Safety area

(1) This clause applies to land situated on Rifle Range Road, Tuncester, shown horizontally hatched on the map.

(2) Notwithstanding any other provision of this plan, consent must not be granted to the erection or use of any building for any purpose on land to which this clause applies.

45 Water catchment and inundation area for proposed dam near Dunoon

45 Water catchment and inundation area for proposed dam near Dunoon

(1) This clause applies to land near Dunoon shown edged with a heavy black broken line on the map (being the water catchment for the Dunoon dam).

(2) Consent must not be granted to any development on land to which this clause applies without the concurrence of Rous Water.

(3) Despite subclause (2), the concurrence of Rous Water is not required for development for the purpose of a dwelling-house unless the development is to be carried out on land shown hatched on the map (being the land to be inundated by the Dunoon dam).

(4) In deciding whether to grant concurrence required by this clause, the Rous Water must take into consideration the following matters—

(a) any potential adverse impact on the water quality within the catchment that may result from the development,

(b) any potential incremental adverse impacts on water quality that may result from the development,

(c) whether adequate safeguards and other measures have been proposed to protect the water quality,

(d) whether the proposed development would detrimentally affect the future construction of any dam,

(e) whether the proposed development would be more suitably undertaken on an alternative site.

(5) The owner of land shown hatched on the map and located within the Dunoon dam catchment may, by notice in writing require Rous Water to acquire that land.

(6) On receipt of such a notice, Rous Water must acquire the land to which the notice relates.

cll 45: Am 14.6.2002.

46 Bed and breakfast establishments in rural zones

46 Bed and breakfast establishments in rural zones

(1) This clause applies to land within Zone No 1 (a), 1 (b), 1 (c), 1 (d) or 1 (r).

(2) A person must not carry out development for the purpose of a bed and breakfast establishment on land to which this clause applies if there is vehicular access to or egress from the land, directly to or from the Bruxner Highway or Bangalow Road and the speed limit at the point of direct vehicular access or egress is more than 80 km/h.

(3) (Repealed)

cll 46: Am 14.6.2002.

47

47 (Repealed)

Division 2 Residential zones

Division 2 Residential zones

48 Zone No 2 (a) (Residential Zone)

48 Zone No 2 (a) (Residential Zone)

The following table provides general zoning controls for Zone No 2 (a)—

Table

cl 48, table: Am 14.6.2002; 8.11.2002; 14.5.2004; 2006 (672), Sch 1 [12]–[14]; 2021 (716), Sch 1.13[3].

49 Zone No 2 (f) (Residential (Flood Liable) Zone)

49 Zone No 2 (f) (Residential (Flood Liable) Zone)

The following table provides general zoning controls for Zone No 2 (f)—

Table

cl 49, table: Am 14.6.2002; 8.11.2002; 14.5.2004; 2006 (672), Sch 1 [15] [16]; 2021 (716), Sch 1.13[3].

50 Zone No 2 (v) (Village Zone)

50 Zone No 2 (v) (Village Zone)

The following table provides general zoning controls for Zone No 2 (v)—

Table

cl 50, table: Am 14.6.2002; 8.11.2002; 14.5.2004; 2021 (716), Sch 1.13[3].

51 Subdivision of land in Zones Nos 2 (a) and 2 (v)

51 Subdivision of land in Zones Nos 2 (a) and 2 (v)

(1) This clause applies to land within Zone No 2 (a) or 2 (v).

(2) Consent must not be granted to subdivision of land to which this clause applies unless the consent authority has had regard to the matters relating to environmental impact specified in Schedule 5.

(3) If the land is within Zone No 2 (a), consent must not be granted to the subdivision of land unless—

(a) each separate lot of land to be created by the subdivision has an area of not less than 400 square metres, and

(b) arrangements satisfactory to the consent authority have been made for the provision of a reticulated water supply, an electricity supply and disposal of stormwater and sewage effluent on each lot to be created, and

(c) the consent authority is satisfied that the number of lots to be created by the subdivision has been maximised, having regard to the matters listed in Schedule 5.

(4) Despite subclause (3) (a), consent may be granted to the subdivision of land so as to create a lot with an area of less than 400 square metres if the plan of the proposed subdivision—

(a) contains a restriction as to user under section 88E of the Conveyancing Act 1919 that limits the erection of a residential flat building on the lot (not being a lot intended to dedicate land as a public road) to such part of the lot as may be determined by the consent authority, or

(b) relates to subdivision, under the Strata Schemes (Freehold Development) Act 1973 or Strata Schemes (Leasehold Development) Act 1986, of an existing building.

cl 51: Subst 14.6.2002. Am 14.5.2004; 2006 (672), Sch 1 [17].

52 Subdivision of land in Zone No 2 (f)

52 Subdivision of land in Zone No 2 (f)

Consent must not be granted to the subdivision of land within Zone No 2 (f) to create an allotment where the consent authority is of the opinion that a dwelling-house is intended to be erected on the allotment to be created by the subdivision.

53 Dwellings and dual occupancies in urban areas

53 Dwellings and dual occupancies in urban areas

(1) The clause applies to land within Zone No 2 (a) or 2 (v).

(2) Consent may be granted for the erection of a dwelling-house on stable land only and not on land subject to erosion or landslip, unless the dwelling is suitably designed and the consent authority has considered a geotechnical report relating to the land, being a report considered adequate by the consent authority.

(3) Development may be carried out on land to which this clause applies that results in 2 dwellings (whether or not attached) on the same allotment.

cl 53: Am 14.6.2002.

54

54 (Repealed)

55 Caravan parks for permanent occupation

55 Caravan parks for permanent occupation

(1) This clause applies to all land within Zone No 2 (a) or 2 (v).

(2) In determining an application for consent to the carrying out of development for the purpose of caravan parks for permanent occupation, the consent authority shall consider the following—

(a) the capability and suitability of the land for the intended use,

(b) the proximity of the land to a village or urban centre,

(c) the availability of a water supply to meet the needs of the proposed development,

(d) the availability of a sewerage system to meet the needs of the proposed development,

(e) the provision for the disposal of stormwater,

(f) the adequacy of the existing road system and the safety of the proposed access to the development,

(g) the visual impact of the proposed development and the adequacy of any measures to reduce this impact.

56 Excavating and filling of land in urban areas

56 Excavating and filling of land in urban areas

(1) This clause applies to land within Zone No 2 (a), 2 (f) or 2 (v).

(2) Despite any other provision of this plan, any excavation of land to which this clause applies to a depth exceeding one metre shall not be carried out without development consent.

(3) Despite any other provision of this plan, any filling of land to which this clause applies shall not be carried out without development consent.

57 Bed and breakfast establishments in urban areas

57 Bed and breakfast establishments in urban areas

(1) This clause applies to land within Zone No 2 (a), 2 (f) or 2 (v).

(2) A person must not carry out development for the purpose of a bed and breakfast establishment on land to which this clause applies if there is vehicular access to or egress from the land, directly to or from the Bruxner Highway or Bangalow Road and the speed limit at the point of direct vehicular access or egress is more than 80 km/h.

(3) (Repealed)

cl 57: Am 14.6.2002.

Division 3 Commercial zones

Division 3 Commercial zones

58 Zone No 3 (a) (Business Zone)

58 Zone No 3 (a) (Business Zone)

The following table provides general zoning controls for Zone No 3 (a)—

Table

cl 58, table: Am 14.6.2002; 8.11.2002; 14.5.2004; 2006 (672), Sch 1 [18]; 2021 (716), Sch 1.13[3].

59 Zone No 3 (b) (Neighbourhood Business Zone)

59 Zone No 3 (b) (Neighbourhood Business Zone)

The following table provides general zoning controls for Zone No 3 (b)—

Table

cl 59, table: Am 14.6.2002; 14.5.2004; 2006 (672), Sch 1 [19]; 2021 (716), Sch 1.13[3].

60 Zone No 3 (f) (Services Business (Flood Liable) Zone)

60 Zone No 3 (f) (Services Business (Flood Liable) Zone)

The following table provides general zoning controls for Zone No 3 (f)—

Table

cl 60, table: Am 14.6.2002; 8.11.2002; 14.5.2004; 2006 (672), Sch 1 [20]; 2021 (716), Sch 1.13[3].

61 Excavating and filling of land in business areas

61 Excavating and filling of land in business areas

(1) This clause applies to land within Zone No 3 (a), 3 (b) or 3 (f).

(2) Despite any other provision of this plan, any excavation of land to which this clause applies to a depth exceeding one metre shall not be carried out without development consent.

(3) Despite any other provision of this plan, any filling of land to which this clause applies shall not be carried out without development consent.

62

62 (Repealed)

62A Neighbourhood shopping centre, Ballina Road and Holland Street, Goonellabah

62A Neighbourhood shopping centre, Ballina Road and Holland Street, Goonellabah

(1) This clause applies to Lot 21, DP 835735, at the southeastern corner of Ballina Road and Holland Street, Goonellabah, as shown edged heavy black and lettered “3 (b)” on the map marked “Lismore Local Environmental Plan 2000 (Amendment No 3)”.

(2) The Council must not consent to an application to carry out development for the purpose of a neighbourhood shopping centre on the land to which this clause applies unless—

(a) the centre contains no more than 1,500 square metres gross leasable floor space, and

(b) a landscaped buffer area is provided at the southern boundary of the site between the development and adjoining dwellings.

cl 62A: Ins 9.3.2001.

Division 4 Industrial zones

Division 4 Industrial zones

63 Zone No 4 (a) (Industrial Zone)

63 Zone No 4 (a) (Industrial Zone)

The following table provides general zoning controls for Zone No 4 (a)—

Table

cl 63, table: Am 14.6.2002; 8.11.2002; 2006 (672), Sch 1 [21]–[23]; 2021 (716), Sch 1.13[3].

64 Excavating and filling of land in industrial areas

64 Excavating and filling of land in industrial areas

(1) This clause applies to land within Zone No 4 (a).

(2) Despite any other provision of this plan, any excavation of land to which this clause applies to a depth exceeding one metre shall not be carried out without development consent.

(3) Despite any other provision of this plan, any filling of land to which this clause applies shall not be carried out without development consent.

Division 5 Special Uses and Recreation zones

Division 5 Special Uses and Recreation zones

65 Zone No 5 (Special Uses Zone)

65 Zone No 5 (Special Uses Zone)

The following table provides general zoning controls for Zone No 5—

cl 65, table: Am 2021 (716), Sch 1.13[3].

66 Zone No 5 (b) (Special Uses (Technology Park) Zone)

66 Zone No 5 (b) (Special Uses (Technology Park) Zone)

The following table provides general zoning controls for Zone No 5 (b)—

cl 66, table: Am 14.6.2002; 8.11.2002; 2021 (716), Sch 1.13[3].

67 Zone No 6 (a) (Recreation Zone)

67 Zone No 6 (a) (Recreation Zone)

The following table provides general zoning controls for Zone No 6 (a)—

Table

cll 67: Am 14.6.2002; 8.11.2002; 14.5.2004; 2021 (716), Sch 1.13[3].

68 Zone No 6 (b) (Private Recreation Zone)

68 Zone No 6 (b) (Private Recreation Zone)

The following table provides general zoning controls for Zone No 6 (b)—

Table

cll 68, tables: Am 14.6.2002; 8.11.2002; 14.5.2004; 2021 (716), Sch 1.13[3].

69 “Cellulose Valley” Technology Park

69 “Cellulose Valley” Technology Park

(1) This clause applies to Lot 1 DP 772604, Lot 1 DP 772605, Lot 1 DP 118533 and Lots 471, 472, 473 and 474 DP 775718, being land generally bounded by Crawford, Military and Skyline Roads, East Lismore.

(2) Consent must not be granted to development of the land to which this clause applies for the purpose of a Technology Park unless the consent authority is satisfied that—

(a) all existing trees within the subject site that serve as koala habitat will be retained or, if there is no alternative to removal, each will be replaced on the site with suitable koala habitat species at a ratio of 50 replacement trees for every tree removed, and

(b) koala movement within and between that koala habitat will be facilitated, and

(c) existing koala habitat will be restored and enhanced, and

(d) measures will be taken to reduce the chances of native animal road kill on roads within the subject site and on those roads where additional traffic will be generated as a result of the development, and

(e) measures will be taken to restrict access to the site by dogs, including signs to discourage the walking of dogs, and

(f) any additional requirements of a Koala Management Plan applying to the site that has been approved by the Council will be taken into account, and

(g) appropriate measures will be taken to ameliorate impacts of development on the Wallum Froglet, should it be found to occur on the site.

(3) For the purposes of this clause, the trees to which this plan applies which serve as koala habitat include forest Red gum (Eucalyptus tereticornis), Grey Ironbark (E. siderophloia), White Mahogany (E. acmenoides), Tallowwood (E. microcorys), Brush Box (L. confertus) and Forest Oak (A. torulosa).

69A Lismore “Art in the Heart” Project

69A Lismore “Art in the Heart” Project

(1) This clause applies to applies to Lot 14, DP 867281, (150 Keen Street) and Lot 11, DP 859167, (126 Magellan Street), Lismore, as shown edged heavy black on the map marked “Lismore Local Environmental Plan 2000 (Amendment No 9)”, deposited in the office of the Lismore City Council.

(2) The objectives of this clause are to identify a range of uses proposed for the “Art in the Heart” project and to facilitate their development on the land to which this clause applies.

(3) The “Art in the Heart” project may comprise arts and cultural activities, development for the purposes of education, tourism, retail and information technology, commercial and economic development, and residential development, as well as the continued use of part of the land for public car parking.

(4) The Council must not grant consent to development on land to which this clause applies unless it has first taken into consideration the master plan adopted by the Council and applying to the land.

(5) The master plan is to co-ordinate and guide development on the land and is to include the following matters—

(a) distribution of land uses, including identification of areas for community, arts, commercial, residential and car parking uses,

(b) the conservation of the heritage significance of heritage items located on the land and in its vicinity,

(c) the location of new buildings,

(d) urban and building design guidelines to include measures to complement existing heritage buildings, public safety, solar access and energy efficiency, height, form, setbacks and scale of new buildings, colour and appearance,

(e) pedestrian access to and through the site,

(f) internal road systems, parking and the retention (and possible expansion) of the public car park with a minimum of 313 spaces,

(g) provision of public open space, including retention of trees,

(h) potential view corridors to and through the site,

(i) acknowledgement of flood effects and identification of appropriate flood compatible uses in accordance with Council’s Flood Plain Risk Management Plan,

(j) implementation or staging (or both),

(k) any other matter required by the Council.

(6) A draft master plan must be publicly exhibited by the Council for not less than 28 days. At the end of that period, the Council must consider any submissions made about the draft master plan.

(7) A draft master plan becomes a master plan if it is adopted by the Council with or without alterations made in response to submissions.

(8) A master plan may be amended or revoked by a master plan prepared exhibited and adopted in accordance with this clause.

(9) Despite any other provision of this plan, the Council may grant consent to development for additional commercial uses on the land if it has taken into consideration whether the uses are consistent with the master plan applying to the land and are complementary to development for the purposes of the arts, cultural activities, education and tourism and economic development carried out on the land.

cl 69A: Ins 22.11.2002.

70 Acquisition of land

70 Acquisition of land

(1) This clause applies to land within Zone No 5 or 6 (a).

(2) The owner of any land to which this clause applies zoned as specified in Column 1 of the Table to this subclause may, by notice in writing, require the body specified in Column 2 of the Table opposite that zoning to acquire that land.

Table

| Column 1 | Column 2 | | Special Uses (Main Road | RTA | | Special Uses (University) | Southern Cross University | | Recreation Zone | Council |

(3) On receipt of such a notice, the Council or the Southern Cross University must acquire the land to which the notice relates.

(4) The Council shall not be required to acquire land the subject of a notice referred to in subclause (2) where the land is required to be dedicated to the Council as a condition of development consent imposed in accordance with section 94 of the Act.

(5) The RTA, on receipt of a notice referred to in subclause (2), must acquire land zoned Special Uses (Main Road) if—

(a) the land is vacant, or

(b) the land is not vacant, but—

(i) the land is included in the 5-year works program of the RTA current at the time of receipt of the notice, or

(ii) the RTA has decided not to give concurrence under clause 72 (2) to an application for consent to the carrying out of development on the land, or

(iii) the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time,

but the RTA is not required to acquire the land if it might reasonably be required to be dedicated for a public road.

(6) Land acquired under this clause may be developed, with development consent, for any purpose, until such time as it is required for the purpose for which it was acquired.

(7) In this clause and clause 72—

RTA means the Roads and Traffic Authority constituted under the Transport Administration Act 1988.

vacant land means land on which, immediately before the day on which a notice under subclause (2) is given, there were no buildings, other than fences.

cl 70: Am 14.6.2002.

71 Acquisition of land within Zone No 6 (a)—effect of rezoning

71 Acquisition of land within Zone No 6 (a)—effect of rezoning

(1) The Council need not take any action under clause 70 with respect to acquiring land within Zone No 6 (a) for 90 days (or for such other period as may be agreed between the owner and the Council before that period expires) after receiving a notice under that clause, if the Council, within 14 days after receiving the notice, notifies the owner that it is reviewing the zoning of the land.

(2) The Council need not acquire the land pursuant to the notice if the land is rezoned, or the Council decides or has decided to prepare a local environmental plan to rezone the land, before the period of 90 days (or the agreed period) expires.

72 Use of land pending acquisition

72 Use of land pending acquisition

(1) Land to which clause 70 applies, other than land zoned Special Uses (Main Road), may be developed for any purpose, with development consent granted, prior to its acquisition by the body concerned.

(2) A person may, with development consent, carry out development on land zoned Special Uses (Main Road)—

(a) for a purpose for which development may be carried out on land in an adjoining zone, or

(b) for any other purpose that is compatible with development which may be carried out in an adjoining zone.

(3) In deciding whether to grant consent to proposed development under this clause, the Council must take the following into consideration—

(a) the need to carry out development on the land for the purpose for which the land is reserved,

(b) the imminence of acquisition,

(c) the likely additional cost resulting from the carrying out of the proposed development.

cl 72: Am 2008 (571), Sch 3.104 [11]–[14].

73 Community use of special use or recreation land

73 Community use of special use or recreation land

(1) This clause applies to all land within Zone No 5, 6 (a) or 6 (b).

(2) Notwithstanding any other provision of this plan, consent may be granted to the use of land to which this clause applies, or to the use of buildings situated on any such land, for community purposes which may include the commercial operation of that land or those buildings.

74 Classification and reclassification of public land as operational land

74 Classification and reclassification of public land as operational land

(1) Land described in Part 1 of Schedule 6 is land that was classified, or reclassified, as operational land before the application of the amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993.

(2) Land described in Part 2 of Schedule 6—

(a) to the extent (if any) that the land is a public reserve, does not cease to be a public reserve, and

(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants by which it was affected before its classification, or reclassification, as the case requires, as operational land.

(3) Land described in Columns 1 and 2 of Part 3 of Schedule 6, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except those specified opposite the land in Column 3 of Part 3 of Schedule 6.

(4) In this clause, the relevant amending plan, in relation to land described in Part 3 of Schedule 6, means the local environmental plan that inserted the description of land into that Part.

(5) Before the relevant amending plan inserted the description of land into Part 3 of Schedule 6, the Governor approved of subclause (3) applying to the land.

cl 74: Subst 16.2.2001. Am 2006 (411), Sch 1 [1].

74A Classification and reclassification of public land as community land

74A Classification and reclassification of public land as community land

The public land described in Schedule 6A is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.

cl 74A: Ins 16.2.2001.

75

75, 76 (Repealed)

Division 6 Environmental Protection zones

Division 6 Environmental Protection zones

77 Zone No 7 (a) (Environment Protection (Natural Vegetation and Wetlands) Zone)

77 Zone No 7 (a) (Environment Protection (Natural Vegetation and Wetlands) Zone)

The following table provides general zoning controls for Zone No 7 (a)—

Table

cl 77, table: Am 2021 (716), Sch 1.13[3].

78 Zone No 7 (b) (Environment Protection (Habitat) Zone)

78 Zone No 7 (b) (Environment Protection (Habitat) Zone)

The following table provides general zoning controls for Zone No 7 (b)—

Table

cl 78, table: Am 8.11.2002; 2021 (716), Sch 1.13[3].

79 Zone No 8 (National Parks and Nature Reserves Zone)

79 Zone No 8 (National Parks and Nature Reserves Zone)

The following table provides general zoning controls for Zone No 8—

Table

cl 79, table: Am 2021 (716), Sch 1.13[3].

Schedule 1 Heritage items

Schedule 1 Heritage items

(Clause 12)

| Map No | Property Title or Description | Address/ Location | Item (including the site unless otherwise specified) | Heritage Study Reference | Significance | | 1 | Graham Centre | 22 Woodlark Street, Lismore | Office Building and Former Bank | 20016 | State Built item | | 2 | St Carthages Catholic Cathedral | 6–8–10 Leycester Street, Lismore | Church | 2002240003 | State Built itemConservation areaArchaeological site | | 3 | “Monaltrie” | 451 Wyrallah Road, East Gundurimba | House and Grounds | 20095400081000430156 | StateBuilt itemLandscape itemArchaeological site | | 4 | The Lismore Clinic | 185 Molesworth Street, Lismore | Medical Clinic | 20003 | Built item | | 5 | Former Lismore Municipal Building | 165 Molesworth Street, Lismore | Public Building | 2000540009 | Built itemConservation areaArchaeological site | | 6 | Former Post Office | 172 Molesworth Street (Cnr Magellan Street), Lismore | Post Office | 2000940009 | Built itemConservation areaArchaeological site | | 7 | Lismore Uniting Church | 116 Woodlark Street (Cnr Keen Street), Lismore | Church | 20013 | Built item | | 8 | Former Boarding House (Gwalia Flats) | 7 Coleman Street (Cnr Cambrian), Lismore | Boarding House | 2001440001 | Built itemConservation area | | 9 | St Andrews Anglican Church | 8 and 14 Zadoc Street (Cnr Keen Street), Lismore | Church | 200174000130005 | Built itemConservation areaLandscape item | | 10 | Former Church of Christ | 178 Keen Street (Cnr Magallen Street), Lismore | Church | 20019 | Built item | | 11 | St Pauls Presbyterian Church | 188 Keen Street, Lismore | Church | 20020 | Built item | | 12 | Former St Mary’s Convent | 5 Dawson St, Lismore | Convent | 2002340003 | Built itemConservation area | | 13 | Winsome Hotel | 11 Bridge Street, North Lismore | Hotel | 20024 | Built itemArchaeological site | | 14 | “Trevallyn” | 69 Cathcart Street, Lismore | House | 200303014340009 | Built itemConservation areaLandscape item | | 15 | House | 27 Bridge Street, Wyrallah | House | 2003130158 | Built itemLandscape item | | 16 | “Ermello” | 638 Ballina Road, Lindendale | House | 20060 | Built item | | 17 | Disputed Plain Homestead | 1014 Kyogle Road, Fernside | House and Site | 20062 | Built itemArchaeological site | | 18 | St Thomas Anglican Church | 32 Fernside Road, Fernside | Church | 2006330020 | Built itemLandscape item | | 19 | “Maybrook” | 652 Eltham Road, Eltham | House | 2006830054 | Built itemLandscape item | | 20 | Freemasons Hotel | 53 and 53A Cullen Street, Nimbin | Hotel | 200734001040002 | Built itemConservation area | | 21 | St John’s Presbyterian Church | 11 Main Street, Clunes | Church | 20074 | Built item | | 22 | “Wendella” | 143 Rocky Creek Dam Road, Dunoon | House | 2008330082 | Built itemLandscape item | | 23 | Woodlawn College | 189 and 203 Woodlawn Road, North Lismore | School and grounds | 2010130097 | Built itemLandscape item | | 24 | “Tulloona” | 106 Ballina Road, Goonellabah | House | 20108 | Built itemArchaeological site | | 25 | Richmond River High School | 89 Lake Street, North Lismore | School | 2011030186 | Built item | | 26 | Lismore Police Station | 40 Molesworth Street, Lismore | Police Station | 2000140001 | Built itemConservation area | | 27 | Westpac Bank | 65 Molesworth Street, Lismore | Bank | 20002 | Built item | | 28 | Memorial Baths | 179 Molesworth Street, Lismore | Swimming Pool and Entrance Pavilion | 2000440009 | Built itemConservation areaArchaeological site | | 29 | Commonwealth Bank | 180 Molesworth Street, Lismore | Bank | 2000840009 | Built itemConservation area | | 30 | The Lismore Club | 9 and 9A Club Lane, Lismore | Club | 2001040014 | Built item | | 31 | Lismore Court House | 9 Zadoc Street, Lismore | Court House | 2001540001 | Built itemConservation area | | 32 | Former Lismore High School | 110 Magellan Street and 152 Keen Street, Lismore | School | 200184001220042 | Built item | | 33 | St Paul’s Memorial Hall | 190 Keen Street, Lismore | Hall | 20021 | Built item | | 34 | Railway Station Platform Building | 1/38 Union Street, South Lismore | Railway Station | 2002540006 | Built item | | 35 | Armstrong House “Kiaora” | 83 Uralba Street (Cnr Dibbs Street), Lismore | Former Private Hospital | 2002630072 | Built itemLandscape item | | 36 | “Clovelly” | 13 Wyrallah Road, Girards Hill | House | 200282010540011 | Built itemConservation area | | 37 | House | 42 Cathcart Street, Girards Hill | House | 2002940011 | Built itemConservation area | | 38 | House | 312 Molesworth Street, East Lismore | House | 20036 | Built item | | 39 | Station Hotel | 2 Casino Street, South Lismore | Hotel | 20038 | Built item | | 40 | Uniting Church Hall | 118 Woodlark Street, Lismore | Hall | 20041 | Built item | | 41 | Roy Waddell Community Centre | 149 Richmond Hill Road, Richmond Hill | Former School | 20065 | Built item | | 42 | House | 511 Tuckurimba Road, East Coraki | House | 20051 | Built item | | 43 | House | 1129 Wyrallah Road, Tucki Tucki | House | 20056 | Built item | | 44 | Glassware Gallery | 264 Cowlong Road, McLeans Ridges | Former School | 20066 | Built item | | 45 | Eltham Village Tea Room | 445 Eltham Road, Eltham | Refreshment Room | 20069 | Built item | | 46 | “Kembla” | 40 Main Street, Clunes | House | 2007530049 | Built itemLandscape item | | 47 | Clunes Coronation Hall | 22 Walker Street, Clunes | Hall | 20076 | Built item | | 48 | CWA Rooms | 1/115 Molesworth Street (Spinks Park), Lismore | Community Centre | 2007840009 | Built itemConservation area | | 49 | Band Rotunda | 3/115 Molesworth Street (Spinks Park), Lismore | Bandstand | 200794000930002 | Built itemConservation areaArchaeological siteLandscape item | | 50 | Former Bank | 39 Cullen Street, Nimbin | Surgery | 200844000240010 | Built itemConservation area | | 51 | House | 67A McPherson Road, Bexhill | House | 20089 | Built item | | 52 | St Andrews Presbyterian Church | 102 James Street, Dunoon | Church | 2009130088 | Built itemLandscape item | | 53 | Former Govt Savings Bank | 30 Woodlark Street, Lismore | Office Building | 20103 | Built item | | 54 | “Cedarville” | 27 Rayward Road, Dunoon | House | 2010730089 | Built itemArchaeological siteLandscape item | | 55 | St Andrews Anglican Ministry (Former Police Station) | 17 Keen Street, Lismore | House | 2012140001200012001520137 | Built itemConservation areaArchaeological site | | 56 | School | 64 Conway Street, Lismore | School | 20122 | Built item | | 57 | Barbeques Galore | 68 Conway Street (Cnr Dawson St), Lismore | Commercial Building | 20127 | Built item | | 58 | City Club Apparel | 52 and 54 Newbridge Street, Lismore | Factory | 20128 | Built item | | 59 | Public Trustees Office (Former Rectory) | 6 Zadoc Street, Lismore | Office | 20136 | Built itemConservation areaArchaeological site | | 60 | “Cabarita” | 2970 Wyrallah Road, Buckendoon | House | 20140 | Built item | | 61 | Corndale Hall | 556 Corndale Road, Corndale | Hall | 20152 | Built item | | 62 | House | 34 Cullen Street, Nimbin | House | 20159 | Built itemConservation areaArchaeological site | | 63 | Masonic Hall | 5 and 5A Mayfield Street, Eltham | Hall | 2014322237 | Built itemArchaeological site | | 64 | Lismore Cemetery | 1, 9A, 9B and 9D Airforce Road, Lismore | Cemetery | 3013910033 | Built itemLandscape itemArchaeological site | | 65 | Boer War Memorial | 4/115 Molesworth Street (Spinks Park), Lismore | War Memorial | 3004440009 | Built itemConservation areaArchaeological site | | 66 | Coleman’s Bridge | Leycester Creek, Lismore | Bridge | 10027 | Built itemArchaeological site | | 67 | Monaltrie Cemetery (Wilson Family Cemetery) | 55 Monaltrie Road, Monaltrie | Cemetery | 100044000820095 | Archaeological siteLandscape item | | 68 | Tucki Tucki Bora Ring | 1305–1305B Wyrallah Road, Tucki | Bora Ring | 10001 | Archaeological siteLandscape item | | 69 | Cubawee Aborigines School Site | 466 Kyogle Road, Tuncester | Former School Site | 10002 | Archaeological site | | 70 | Norco Butter Factory | Union Street/ Foleys Road and Taylor Street, Lismore | Butter Factory | 40007 | Archaeological site | | 71 | Boatharbour Nature Reserve and Jetty | 623 and 624 Bangalow Road, Bexhill | Reserve and Wharf remains | 10020 | Archaeological site | | 72 | Railway Wharf | Wilson’s River adjacent to Union Street, South Lismore | Former Wharf | 10022 | Archaeological site | | 73 | Railway Straight Carriage Shed | 18, 20 and 30 Kyogle Street, South Lismore | Shed | 1002340006 | Archaeological site | | 74 | Engine Shed | 7 Engine Street, South Lismore | Shed | 1002440006 | Archaeological site | | 75 | Fawcett’s Bridge | Wilson’s River, joining Bridge and Woodlark Sts, Lismore | Bridge | 10026 | Archaeological site | | 76 | Bexhill Brickworks | 56 Coleman Street, Bexhill | Former Brickworks | 10031 | Archaeological siteLandscape item | | 77 | Lismore Bowling Club | 171A Molesworth Street, Lismore | Bowling Club | 201294000930002 | Archaeological siteConservation area | | 78 | Pioneer Cemetery and Memorial Rest Park | 2 Nimbin Road, North Lismore | Cemetery and Aboriginal Bora Ring | 10028 | Archaeological site | | 79 | Railway Viaduct | Terania Street, North Lismore | Viaduct | 1001740006 | Archaeological siteLandscape item | | 80 | Railway Bridge | Wilson’s Creek adjacent to Eltham Road, Eltham | Bridge | 10014 | Archaeological site | | 81 | “Locheil” | 1 Bouyon Street, North Lismore | House Interior | 10003 | Archaeological site | | 82 | House | 688A Eltham Road, Eltham | House | N/A | Built itemLandscape item | | 83 | “Ringby” | 35 John Street, Girards Hill | House | N/A | Built item | | 84 | Farm | 312 Ridgewood Road, Rosebank | Dry Stone Wall | N/A | Landscape item | | 85 | Former District Works Office | 186 Molesworth Street, Lismore | Office | N/A | Built itemConservation area | | 86 | Spinks Park | 115 Molesworth Street, Lismore | Landscape (Gardens and setting) | 30002 | Landscape itemConservation area | | 87 | Alphadale Cemetery | 589 and 601 Ballina Road (Bruxner Highway), Lindendale | Cemetery | 30193 | Landscape item | | 88 | Blakebrook School | 417 Rosehill Road, Blakebrook | School Grounds | 30196 | Landscape item | | 89 | Bungabee State Forest | Bordering Bice Road, Leycester, Back Creek Road, Bently and Cawolgla Road, Rock Valley, Blakebrook | State Forest | 30070 | Landscape item | | 90 | Clunes Public School | 19 Walker Street, Clunes | School Grounds | 30047 | Landscape item | | 91 | Glebe Bridge | Richmond River, bridging Coraki Road, East Coraki | Lift Bridge | 30041 | Landscape item | | 92 | Dunoon War Memorial | 1/114 James Street, Dunoon | War Memorial and Surrounds | 30087 | Landscape item | | 93 | Dunoon Cemetery | 1271 Dunoon Road, Dunoon | Cemetery | 30102 | Landscape item | | 94 | Dunoon Public School | 65 and 65A James Street, Dunoon | Grounds | 30104 | Landscape item | | 95 | Trees | Road reserve outside 612, 622 and 632 Skyline Road, Gundurimba | Trees | 30113 | Landscape item | | 96 | Spinaze Park | 686 Dunoon Road, Tullera | Park and Surrounds | 30100 | Landscape item | | 97 | Modanville Public School | 889 and 877 Dunoon Road, Modanville | Grounds | 30101 | Landscape item | | 98 | Nimbin Showground | 37 Cecil Street, Nimbin | Showground and Surrounds | 30027 | Landscape item | | 99 | Nimbin Central School | 71 Cullen Street, Nimbin | Grounds | 30026 | Landscape item | | 100 | St Patrick’s Church | 92 and 96 Cullen Street, Nimbin | Grounds | 30023 | Landscape item | | 101 | Nimbin Park | 67 and 69 Cullen Street, Nimbin | Park and Surrounds | 30022 | Landscape item | | 102 | Nimbin Cemetery | 23 and 23A Nimbin Cemetery Road, Nimbin | Cemetery | 30128 | Landscape item | | 103 | Nightcap Range and National Park | Terania, Whian Whian | Scenic Landscape | 30108 | Landscape item | | 104 | Tucki Tucki Nature Reserve | 11 Munro Wharf Road and 1497 Wyrallah Road, Tucki Tucki | Nature Reserve | 30043 | Landscape item | | 105 | Whian Whian State Forest | Whian Whian | Scenic Landscape | 30081 | Landscape item | | 106 | House | 38 John Street, Girards Hill | House | N/A | Built item | | 107 | Former Power Station | Lot 1, Section 1, DP 1691, 246 Union Street, South Lismore | Former Power Station | 10030 | Archaeological site | | 110 | Uniting Church | 1615–1615A Dunoon Road, Dunoon | Tree planting | 30086 | Landscape item | | 111 | Grounds of Rainbow Power Company | 7 Alternative Way, Nimbin | Grounds | 30127 | Landscape item | | 112 | Nimbin Rocks | 2345A Nimbin Road, Nimbin and 332 Lodge Road, Mountain Top | Views to rock formation | 30012 | Landscape item |

sch 1: Subst 8.6.2001. Am 14.5.2004; 2006 (672), Sch 1 [24]; 2006 No 120, Sch 2.50.

Schedule 2 Heritage conservation areas

Schedule 2 Heritage conservation areas

(Clause 14)

| Dalley Street Conservation Area | Map Sheet 116 | | Girards Hill Conservation Area | Map Sheet 117 | | St Andrews Conservation Area | Map Sheet 118 | | Spinks Park/Civic Precinct Conservation Area | Map Sheet 119 | | St Carthages Conservation Area | Map Sheet 120 | | Nimbin Conservation Area | Map Sheet 121 |

sch 2: Subst 8.6.2001.

Schedule 3 Development with restricted access to roads in rural and environment protection zones

Schedule 3 Development with restricted access to roads in rural and environment protection zones

(Clause 25 (2))

Development for the purpose of the following—

• art and craft galleries

• bulk stores

• caravan parks

• car repair stations

• clubs

• commercial premises

• educational establishments

• hospitals

• hotels

• industries (other than home or rural industries)

• institutions

• licensed premises

• liquid fuel depots

• material recycling yards

• mines

• motels

• passenger transport terminals

• places of assembly

• places of public worship

• recreation establishments

• refreshment rooms

• retail plant nurseries

• roadside stalls

• sawmills

• service stations

• stock and saleyards

• transport depots

• warehouses

sch 3: Am 14.6.2002.

Schedule 4 Additional development on certain land

Schedule 4 Additional development on certain land

(Clause 28)

| Column 1 | Column 2 | Column 3 | | Land | Purpose | Development standards or conditions | | Lot 1, DP 609846, as shown edged heavy black on the map marked “Lismore Local Environmental Plan 2000” | Development for the purpose of a motel | | | Lot 3, DP 595145 and Lot 61, DP 262478, being Nos 162 and 166 Ballina Road, Goonellabah, as shown edged heavy black on the map marked “Lismore Local Environmental Plan 2000 (Amendment No 11)” | Development for the purpose of a medical centre | No more than 8 practitioners | | Lot 2, DP 830354, being No 254 Keen Street, Lismore, as shown edged heavy black on the map marked “Lismore Local Environmental Plan 2000” | Development for the purpose of the storage and retail sale of second-hand building materials | No demolition or manufacturing is to be carried out on site and use of the land for the purposes listed in Column 2 is limited to 8 a.m. to 5 p.m. on Mondays to Fridays and to 9 a.m. to 12.30 p.m. on Saturdays | | Lot 42, DP 827203, being No 6 Funnel Drive, Modanville, as shown edged heavy black on Sheet 2 of the map marked “Lismore Local Environmental Plan 2000” | Development for the purpose of shops | | | Lot 6, DP 549575, Bruxner Highway, Goonellabah, as shown edged heavy black on the map marked “Lismore Local Environmental Plan 2000” | Development for the purpose of a service station | | | Lot 1, DP 973151, 364A Eltham Road, Eltham | Rural residential subdivision to create a maximum of 9 rural residential lots in accordance with the master plan prepared by Newton Denny Chapelle dated May 2004 (a copy of which is deposited in the office of the Council) and adopted by the Council on 8 March 2005. | Consent must not be granted to the development unless the application is made within 3 years after the commencement of Lismore Local Environmental Plan 2000 (Amendment No 22).Federation Drive must be upgraded to a 6-metre wide seal on an 8-metre formation from the property boundary to the intersection with Johnston Road. The upgrade is to be completed prior to the release of the subdivision certificate for any lot proposed. | | Lot 1, DP 263257, Dougan Road, Caniaba | Subdivision to create 2 lots and a residue lot | Consent must not be granted unless arrangements satisfactory to the Council exist for the construction of a roundabout at the intersection of Dougan Road and Caniaba Road at no cost to the CouncilDougan Road is to be upgraded to a 6 metre seal on 8 metre formation from the intersection with Caniaba Road to a suitable access point to proposed Lot 3 prior to the release of the subdivision certificateThe Vegetation Rehabilitation Plan prepared by PLACE Environmental dated July 2004, a copy of which is available at the office of the Council, is to be implemented prior to the release of the subdivision certificate | | Lot 80, DP 1058639, 9 Livotto Drive, Richmond Hill | Rural residential subdivision to create 14 rural residential lots, having regard to the master plan prepared by Newton Denny Chapelle, May 2004 (a copy of which is deposited in the office of the Council). | Consent must not be granted to the development unless the application is made within 3 years after the commencement of Lismore Local Environmental Plan 2000 (Amendment No 24).Internal roads are to be constructed as a 6-metre wide seal with kerbing and guttering. The road construction is to be completed prior to the release of the subdivision certificate for any lot proposed. | | Lot 4 DP 580081 and Lots 1, 2 and 6 DP 258403 Minshul Crescent, Tullera | Subdivision to create 17 allotments and development for the purpose of a dwelling on each allotment created by the subdivision | The consent authority must not grant consent for the development unless—(a) the application for consent was made within 2 years after the commencement of Lismore Local Environmental Plan 2000 (Amendment No 17), and(b) the consent authority is satisfied that—(i) the subdivision will be carried out in accordance with master plan 01/166 dated 5 August 2003, and(ii) the intersection of Minshul Crescent and Dunoon Road has been upgraded by the developers (at the developers’ expense) in accordance with the plan 01/166B dated 16 April 2003 submitted to the Council with the rezoning submission prepared by Newton Denny Chapelle (or will be so upgraded before the issue of any subdivision certificate for any subdivision). | | Lot 123, DP 731488, Boatharbour Road, ElthamLot 2, DP 588282 and Lots 4 and 5, DP 572949, Cameron Road, McLeans Ridges | Rural residential subdivision to create a maximum of 36 rural residential lots, a lot to be dedicated as a public reserve and a residue lot | Consent must not be granted to the purpose specified in Column 2 unless the application is made within 3 years after the commencement of Lismore Local Environmental Plan 2000 (Amendment No 20). | | Lot 6, DP 572949, Cameron Road, McLeans Ridges | Rural residential subdivision to create a maximum of 7 rural residential lots | Consent must not be granted to the purpose specified in Column 2 unless the application is made within 3 years after the commencement of Lismore Local Environmental Plan 2000 (Amendment No 20). | | Lot A, DP 420518, Cameron Road, McLeans Ridges | Rural residential subdivision to create a maximum of 6 rural residential lots | Consent must not be granted to the purpose specified in Column 2 unless the application is made within 3 years after the commencement of Lismore Local Environmental Plan 2000 (Amendment No 20). | | Lot 2, DP 551775, Cameron Road, McLeans Ridges | Rural residential subdivision to create a maximum of 10 rural residential lots | Consent must not be granted to the purpose specified in Column 2 unless the application is made within 3 years after the commencement of Lismore Local Environmental Plan 2000 (Amendment No 20). | | Lot 12, DP 842905, Boatharbour Road, Boatharbour | Rural residential subdivision to create a maximum of 3 rural residential lots and a residue lot | Consent must not be granted to the purpose specified in Column 2 unless the application is made within 3 years after the commencement of Lismore Local Environmental Plan 2000 (Amendment No 20). | | Lot 3, DP 747275 (and road reserves), 96 Breckenridge Street, Wyrallah | Rural residential subdivision to create 12 rural residential lots | Consent must not be granted to the development unless the application is made within 3 years after the commencement of Lismore Local Environmental Plan 2000 (Amendment No 27). | | Lot 4, DP 1048778, Stony Chute Road, Nimbin | Subdivision to create—(a) a maximum of 26 lots for rural residential purposes and a neighbourhood lot under the Community Land Development Act 1989), and(b) a residue lot. | Consent must not be granted for the purpose specified in Column 2 unless the application is made within 3 years after the commencement of Lismore Local Environmental Plan 2000 (Amendment No 29). |

sch 4: Am 9.3.2001. Subst 14.6.2002. Am 9.5.2003; 14.5.2004; 2005 (403), Sch 1; 2005 (431), Sch 1; 2006 (80), Sch 1; 2006 (339), Sch 1; 2008 (642), Sch 1; 2009 (8), Sch 1; 2010 (502), cl 4.

Schedule 5 Matters relating to environmental impact

Schedule 5 Matters relating to environmental impact

(Clauses 40 (2) (a) and 51 (2))

1 The objectives of the proposed development and how it relates to the objectives of this plan and the relevant zone.

2 The existing environment, including existing land use, slope, aspect, geology, soils, flood liability, vegetation, fauna and hydrology likely to be affected by the proposed development, if carried out.

3 The interaction between the proposed development and the natural and human made environment (for example, habitat, vegetation, open space, recreational system, drainage system, and road, bicycle and pedestrian movement systems).

4 The likely impact of the proposed development on the surrounding natural and human made environment, such as loss of agricultural land, impact on water resources and any land use conflicts and the means proposed to reduce any adverse impact (for example visual controls, stormwater controls, erosion controls, traffic controls and provision of community facilities).

5 Measures to be taken in conjunction with the proposed development to protect the environment and the assessment of the likely effectiveness of those measures.

6 Any likely increase in demand for facilities or services as a result of the development.

7 An assessment of the likely impact of the proposed development on people occupying the locality within which it will be carried out.

8 The likely effects of the proposed development on any Aboriginal cultural heritage or European heritage matters.

sch 5: Am 14.5.2004; 2021 (716), Sch 1.13[4].

Schedule 6 Classification and reclassification of public land as operational land

Schedule 6 Classification and reclassification of public land as operational land

(Clause 74)

sch 6, hdg: Am 16.2.2001.

sch 6: Am 16.2.2001; 2006 (411), Sch 1 [2]–[7]; 2008 (93), Sch 1; 2009 (464), Sch 1 [1]–[3]; 2009 No 106, Sch 2.17; 2016 (817), cl 5.

Schedule 6A Classification and reclassification of public land as community land

Schedule 6A Classification and reclassification of public land as community land

(Clause 74A)

sch 6A, hdg: Ins 16.2.2001.

| Lismore | | | Wyrallah Road | Lot 2, DP 861927, known as King Park, as shown edged heavy black on Sheet 1 of the map marked “Lismore Local Environmental Plan 1992 (Amendment No 43)”. |