The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this plan.
In this plan—
abattoir means a building or place used for the slaughter of animals or birds, whether or not animal by-products are processed, manufactured or distributed there.
agriculture means horticulture, the cultivation of land including crop raising, stock raising and the use of land for any purpose of animal husbandry, including the keeping or breeding of livestock, poultry or bees, and the growing of fruit, vegetables or the like, but does not include animal establishments.
alter, in relation to a heritage item or to a building or work within a heritage conservation area, means—
(a) make structural changes to the outside of the heritage item, building or work, or
(b) make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, building or work, not including changes that maintain the existing detail, fabric, finish or appearance of the outside of the heritage item, building or work.
amusement parlour means any premises where more than four amusement devices, consisting of either pinball machines, pool tables, billiard tables, or coin operated amusement devices or the like, are provided for the entertainment of the public, with the exception of any premises the subject of a hotelier’s licence under the Liquor Act 1982.
animal establishment means an establishment in which animals are intensively housed, fed or slaughtered and includes an abattoir, a cattle feedlot, an intensive piggery, a chicken farm, and an intensive aquaculture farm.
archaeological site means the site of one or more relics.
art and craft gallery means a building or place used for the display and sale of items of art and craft.
bed and breakfast establishment means a dwelling-house which—
(a) is used by its permanent residents (including the owner) to provide short-term paid accommodation (which may include meals), and
(b) contains no more than 5 bedrooms, at least one of which must be used by its permanent residents, and
(c) may include ancillary buildings within the curtilage of the dwelling-house.
boarding house includes a house let in lodgings or a hostel but does not include a motel.
brothel means a building or place habitually used for the purpose of prostitution.
bulk store means a building or place used for the bulk storage of goods, where the goods stored or to be stored are not required for use in a shop or commercial premises on the same parcel of land or on adjoining land in the same ownership.
bulky goods showroom means a building or place used for the sale by retail or auction, the hire or the display of items (whether goods or materials) which are of such a size, shape or weight as to require—
(a) a large area for handling, storage or display, or
(b) direct vehicular access to the site of the building or place by members of the public, for the purpose of loading items into their vehicles after purchase,
but does not include a building or place used for the sale of foodstuffs or clothing or a motor showroom.
bush fire hazard reduction means a reduction or modification (by controlled burning or mechanical or manual means) of material that constitutes a bush fire hazard.
caravan park means a site—
(a) on which moveable dwellings (as defined in the Local Government Act 1993) are placed for the purpose of providing permanent accommodation or for the purpose of providing temporary accommodation for tourists, or
(b) used for the purpose of the erection, assembly or placement of cabins for temporary accommodation by tourists.
car repair station means a building or place used for the purpose of carrying out repairs to motor vehicles or agricultural machinery, including panel beating and spray painting, but not repairs of a kind usually carried out by an auto-electrician.
child care establishment means a building or place used for the purpose of caring for or supervising children which—
(a) caters for more than five under school age children who are not related to the owner, and
(b) may include an educational function, and
(c) may operate for the purpose of gain,
but does not include a building or place providing residential care for those children.
club means a building used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes whether of the same or of a different kind and whether or not the whole or a part of such a building is the premises of a club registered under the Registered Clubs Act 1976.
commercial premises means a building or place used as an office or for other business or commercial purposes, but does not include a building or place elsewhere specifically defined in this Schedule or a building or place used for a purpose elsewhere specifically defined in this Schedule.
communications facility means a facility used for communications, other than “low impact” facilities as described in the Telecommunications Act 1997 of the Commonwealth.
community facility means a building owned or operated by a public authority or a body of persons which may be used for the physical, social, cultural, or intellectual development or welfare of the local community, and includes a health centre, an information centre, a kiosk, a museum, a library, a youth centre, restroom, a neighbourhood centre, a welfare centre and a senior citizens centre or the like, but does not include a building or place elsewhere specifically defined in this Schedule.
complying development—see clause 9.
conservation management plan means a document prepared in accordance with the requirements of the NSW Heritage Office that establishes the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
convenience shop means a shop selling or hiring out a variety of small consumer goods which may include a place used for the fuelling of motor vehicles and the retail sale of petrol, oil and petroleum products, a café, a take-away food service, postal services, and video hire services where the gross floor area does not exceed 100 square metres.
Council means the Council of the City of Lismore.
craft studio means a building or place used for the purpose of carrying out any 1 or more of the occupations referred to below by not more than 3 persons, being an occupation the carrying out of which does not involve interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise, and includes the display and sale only of items made on the premises—
(a) art,
(b) design,
(c) handicrafts,
(d) photography,
(e) pottery,
(f) sculpture,
(g) weaving,
(h) a like occupation involving craft or art work.
demolish a heritage item, or a building, work, archaeological site, tree or place within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item or the building, work, archaeological site, tree or place.
dual occupancy building means a building containing 2 dwellings only.
dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.
dwelling-house means a building or buildings containing one but not more than one dwelling.
educational establishment means a building used as a school, college, technical college, academy, lecture hall, gallery or museum, but does not include a building used wholly or principally as an institution or child care establishment.
environmental facilities means—
(a) a structure or work which provides for nature or scientific study or display facilities, such as walking tracks, board walks, observation decks, bird hides or the like, or
(b) environmental management or restoration facilities, such as those for bush regeneration, swamp restoration, erosion and runoff prevention works or the like.
exempt development—see clause 9.
exhibition dwelling means a new dwelling-house not used as a dwelling, that is used for a pre-determined period for the exhibition of the dwelling-house or interior household appliances or products, whether or not the dwelling-house includes a sales office.
extractive industry means—
(a) the winning of extractive material, or
(b) an undertaking, not being a mine, which depends for its operations on the winning of extractive material from the land upon which it is carried on, and includes any washing, crushing, grinding, milling or separating into different sizes of that extractive material on that land.
extractive material means sand, gravel, clay, turf, soil, rock, stone or similar substances.
flood affected land means the land that would be inundated by the 1% AEP (Annual Exceedance Probability) flood, as shown on a map kept at the office of the Council.
flood standard means the flood level established by the 1% AEP (Annual Exceedance Probability) flood, as determined by the Council.
floodway means the area marked “FW” on the sheet of the map marked “Map No 7, Development Control Plan No 7—Flood Prone Lands”.
forestry includes arboriculture, sylviculture, forest protection, the cutting, dressing and preparation, other than in a sawmill, of wood and other forest products and the establishment of roads required for the removal of wood and forest products and for forest protection.
generating works means a building or place used for the purpose of making or generating gas, electricity or other forms of energy.
goods transport terminal means a building or place used for the principal purpose of the bulk handling of goods for transport by road, rail, river or air, including facilities for the loading and unloading of vehicles or craft used to transport those goods and for the parking, servicing and repair of those vehicles or craft.
gross floor area means the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1,400 millimetres above each floor level, excluding—
(a) columns, fin walls, sun control devices and any elements, projections or works outside the general line of the outer face of the external wall, and
(b) lift towers, cooling towers, machinery and plant rooms and ancillary storage space and vertical air conditioning ducts, and
(c) car-parking needed to meet any requirements of the Council and any internal access to that car parking, and
(d) space for the loading and unloading of goods.
health care professional means a person who provides professional health services to members of the public, and includes—
helipad means an area or place not open to public use which is authorised by the Department of Transport and which is set apart for the taking off and landing of helicopters.
heliport means an area or place open to public use which is licensed by the Department of Transport for use by helicopters and includes terminal buildings and facilities for the parking, servicing and repair of helicopters.
heritage conservation area means an area of land described in Schedule 2 and shown edged heavy black on the heritage conservation area map and includes buildings, works, archaeological sites, trees and places and situated on or within the land.
heritage conservation area map means the map marked “Lismore Local Environmental Plan 2000 (Amendment No 2)—Conservation Area”, as amended by the maps (or, if any sheets of maps are specified, by the specified sheets of maps) marked as follows—
Editorial note.
The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.
heritage impact statement means a document consisting of a statement demonstrating the heritage significance of a heritage item or heritage conservation area, or of a building, work, archaeological site, tree or place within a heritage conservation area, an assessment of the impact that proposed development will have on that significance and proposals for measures to minimise that impact.
heritage item means—
(a) a building, work, archaeological site or place specified in an inventory of heritage items that is available at the office of the Council and the site of which is described in Schedule 1 and shown edged heavy black on the heritage item map, or
(b) a place described as a place of Aboriginal heritage significance in the Aboriginal Heritage Information Management System maintained by the Department of Environment and Conservation.
heritage item map means the map marked “Lismore Local Environmental Plan 2000 (Amendment No 2)—Heritage Items”, as amended by the maps (or, if any sheets of maps are specified, by the specified sheets of maps) marked as follows—
Editorial note.
The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.
Lismore Local Environmental Plan 2000 (Amendment No 14)—Sheets 32, 107, 110, 111, 112
heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
home industry means an industry carried on in a building (other than a dwelling-house or a dwelling in a residential flat building) under the following circumstances—
(a) the building does not occupy a floor space exceeding 50 square metres and is erected within the curtilage of the dwelling-house or residential flat building occupied by the person carrying on the industry or on adjoining land owned by that person, and
(b) the industry does not—
(i) interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products or grit, oil or otherwise, or
(ii) involve exposure to view from any adjacent premises or from any public place of any unsightly matter, or
(iii) require the provision of any essential service main of a greater capacity than that available in the locality.
home occupation means an occupation carried on in a dwelling-house or in a dwelling in a residential flat building by the permanent residents of the dwelling-house or dwelling that does not involve—
(a) anything that would have required the registration of the building under the Shops and Industries Act 1962 immediately before the repeal of section 11 of that Act, or
(b) the employment of more than one person other than those residents, or
(c) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products or grit, oil or otherwise, or
(d) the display of goods, whether in a window or otherwise, or
(e) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling-house or dwelling to indicate the name and occupation of the resident), or
(f) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail from the premises.
home office means a building or place—
(a) which is attached to, forms part of, or is in the vicinity of, a dwelling, and
(b) which is used for the purpose of carrying on a business by the permanent residents of the dwelling, and
(c) at which not more than one person other than those residents is employed, and
(d) which is not used for the display of goods, whether in a window or otherwise, and
(e) the use of which does not involve the exhibition of any notice, advertisement or sign, and
(f) which is not used for the sale of any goods.
hospital means a building or place (other than an institution) used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, care for people with developmental disabilities, psychiatric care or counselling and services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes—
(a) ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or refreshment rooms and ancillary accommodation for persons receiving health care or for their visitors, and
(b) facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers, and whether or not any such use is a commercial use.
industry means the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods or any articles for a commercial purpose, but (in a table providing general zoning controls) does not include development elsewhere defined in this Schedule.
institution means a penal or reformative establishment.
landscape means character or visual quality of the environment of a particular location or area and may include both natural and man-made elements.
licensed premises means a building or place which is licensed under the Liquor Act 1982 to permit the sale of liquor for consumption both on and away from the building or place, and includes a hotel, tavern or registered club, but does not otherwise include a liquor outlet.
light industry means an industry, not being an offensive or hazardous industry, in which the processes carried on, the transportation involved or the machinery or materials used do not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil, or otherwise
liquid fuel depot means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquid.
liquor outlet means a building or place which is licensed under the Liquor Act 1982 to permit the sale of liquor for consumption away from the licensed premises.
main road means a road that is declared to be a main road by an order in force under the Roads Act 1993.
maintenance means the ongoing protective care of a heritage item or a building, work, archaeological site, tree or place within a heritage conservation area. It does not include alterations, such as carrying out extensions or additions, or the introduction of new materials or technology.
marina means a pontoon, jetty, pier or the like used, or intended to be used, to provide moorings for boats used for pleasure or recreation, whether or not operated for the purpose of gain, which may be used for the provision of—
(a) slipways, and
(b) facilities for the repair, maintenance and fuelling of boats, or the supply of accessories and parts for boats or boating enthusiasts, and
(c) foodstuffs,
but does not include a shop.
market means a temporary outlet for the sale of local crafts and goods, a large proportion of which are not available through normal commercial outlets, and—
(a) which operates on one day of the week only, and
(b) which does not require the erection of permanent structures.
materials recycling yard means a building or place used for collecting, dismantling, storing, abandoning, recycling or sale of secondhand or scrap materials, but does not include recycling drop-off centres operated by, or on behalf of, the Council.
medical centre means a building or place used for the purpose of providing professional health services (such as preventative care, diagnosis, medical or surgical treatment or counselling) to out-patients only.
mine means any place, open cut, shaft, tunnel, pit, drive, level or other excavation, drift, gutter, lead, vein, lode or reef on, in or by which any operation is carried on for or in connection with the purpose of obtaining any metal or mineral by any mode or method and any place on which any product of the mine is stacked, stored, crushed or otherwise treated, but does not include a quarry.
motel means a building or buildings (other than a hotel, boarding-house or residential flat building) substantially used for the overnight accommodation of travelers and the vehicles used by them whether or not the building or buildings are also used in the provision of meals to those travellers or the general public.
motor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are sold or displayed in or on the building or place.
offensive or hazardous industry means an industry which, by reason of the processes involved or the method of manufacture or the nature of the materials used or produced, requires isolation from other buildings.
passenger transport terminal means any building or place used for the assembly, dispersal and convenience of passengers travelling by any form of passenger transport, and includes associated facilities for parking, manoeuvring, storing or routinely servicing any vehicle forming part of that undertaking.
place of Aboriginal heritage significance means—
(a) a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It can (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or
(b) a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.
place of assembly means a public hall, theatre, cinema, conference or reception centre, music hall, concert hall, dance hall, open-air theatre, drive-in theatre, music bowl or any other building of a like character used as such and whether used for the purposes of gain or not, but does not include a place of public worship, an institution or an educational establishment.
place of public worship means a church, chapel or other place of public worship or religious instruction or place used for the purpose of religious training.
potential archaeological site means a site—
(a) that is specified in Schedule 1, described in that Schedule as a potential archaeological site, or
(b) that, in the opinion of the consent authority, has the potential to be an archaeological site, even if it is not so specified.
potential place of Aboriginal heritage significance means a place—
(a) that is specified in an inventory of heritage items available at the office of the Council and described in the inventory as a potential place of Aboriginal heritage significance, or
(b) that, in the opinion of the consent authority, has the potential to have Aboriginal heritage significance, even if it is not so specified.
public building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes.
public utility undertaking means any of the following undertakings carried on or permitted or suffered to be carried on by or by authority of any Government department or under the authority of or in pursuance of any Commonwealth or State Act—
(a) railway, road transport, water transport, air transport, wharf or river undertakings,
(b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,
and a reference to a person carrying on a public utility undertaking is to be construed as including a reference to a council, county council, Government department, corporation, firm or authority carrying on the undertaking.
recreation area means an area used for outdoor sporting, leisure or recreation activities and may include clubhouse facilities, spectator facilities or shelters, but (in a table providing general zoning controls) does not include a building or place elsewhere specifically defined in this Schedule.
recreation establishment means a health farm, religious retreat house, rest home, youth camp and the like but does not include a building or place elsewhere specifically defined in this Schedule.
recreation facility means a building or place used for indoor recreation, a billiard saloon, table tennis centre, squash court, swimming pool, gymnasium, health studio, bowling alley or any other building of a like character used for recreation and whether used for the purpose of gain or not, but does not include a place of assembly.
recreation vehicle area means an area designated as a recreation vehicle area by the Environment Protection Authority under the Recreation Vehicles Act 1983.
recycling drop-off centre means a building or place used for depositing second-hand or scrap packaging material (such as paper, cardboard, glass, cans and plastics) into collection containers operated by, or on behalf of, the Council for the purpose of their transfer for reprocessing or recycling.
refreshment room means a restaurant, café, tea room, eating house or the like.
relic means—
(a) any deposit, object or material evidence (which may consist of human remains) that is more than 50 years old relating to the use or settlement, not being Aboriginal habitation, of the City of Lismore and that is a fixture or is wholly or partly within the ground, or
(b) any deposit, object or material evidence (which may consist of human remains) of any age relating to Aboriginal habitation of the City of Lismore.
residential flat building means a building or group of buildings erected on one lot of land and containing three or more dwellings.
restricted premises means a building or place used or intended for use as a shop in which—
(b) a business is conducted involving selling or disposing of products to which section 578E of the Crimes Act 1900 applies, or
(c) a business is conducted, an object of which is the display or exhibition of any article that is primarily concerned with sexual behaviour, but which is not printed matter.
retail plant nursery means a building or place used for both the growing and retail selling of plants, whether or not ancillary products are also sold in that building or place.
roadside stall means a building or place not exceeding 20 square metres in floor space or area respectively where only primary products produced on the property on which the building or place is situated are exposed or offered for sale or sold by retail.
rural industry means the handling, treating, processing or packing of primary products unless such activity is part of the agricultural activity of the property concerned and also includes the servicing in a workshop of plant or equipment used for rural purposes in the locality.
rural tourist facility means a small scale establishment providing basic holiday accommodation or basic recreational or educational facilities and includes a camping ground, 3 or more cabins, educational facility or the like, being facilities which are integrated with or designed to complement the rural activities or attractions on the site or in the surrounding locality, but does not include a bed and breakfast establishment.
rural workers’ dwelling means a dwelling that is on land on which there is already erected a dwelling and that is occupied by persons engaged in rural occupation on that land.
sawmill means a mill handling, cutting and processing timber from logs or baulks.
service station means a building or place used for the fuelling of motor vehicles and the sale by retail of petrol, oil or other petroleum products, whether or not the building or place is also used for one or more of the following purposes—
(a) the hiring of trailers, or
(b) the retail selling or the installing of spare parts and accessories for motor vehicles, or
(c) the washing and greasing of motor vehicles, or
(d) the repairing and servicing of motor vehicles (but not the body building, panel beating, or spray painting of motor vehicles), or
(e) the retail selling or hiring out of small convenience consumer goods, but only if the gross floor area used for such selling or hiring is not greater than 100 square metres.
shop means a building or place used for the purpose of selling, exposing or offering for sale by retail, goods, merchandise or materials, but does not include a building or place elsewhere specifically defined in this Schedule or a building or place used for a purpose elsewhere specifically defined in this Schedule.
stock and saleyard means a building or place used for the purpose of offering animals for sale and includes a public cattle market.
storage shed means a building or place, consisting of one or more individual units, used for the storage of goods, where the goods stored or to be stored are not required for use in a shop or commercial premises on the same parcel of land or on adjoining land in the same ownership.
temporary event means the temporary use of a building or place for any purpose that is open to the general public and which—
(a) involves the operation or use of a loudspeaker or sound amplifying device after 12 midnight, except within a building or place that is licensed as a place of public entertainment, or
(b) requires the erection of a temporary or permanent structure greater than 60 square metres in area, or
(c) involves the provision of overnight camping or accommodation, or
(d) will, in the Council’s opinion, have a significant impact on traffic, parking or the management of waste.
the map means the map marked “Lismore Local Environmental Plan 2000” as amended by the maps (or, if any sheets of maps are specified, by the specified sheets of maps) marked as follows—
Editorial note.
The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.
Lismore Local Environmental Plan 2000 (Amendment No 3)
Lismore Local Environmental Plan 2000 (Amendment No 4)—Sheet 5
Lismore Local Environmental Plan 2000 (Amendment No 6)—Sheets 1 and 2
Lismore Local Environmental Plan 2000 (Amendment No 9)
Lismore Local Environmental Plan 2000 (Amendment No 10)
Lismore Local Environmental Plan 2000 (Amendment No 12)—Sheets 1 and 2
Lismore Local Environmental Plan 2000 (Amendment No 14)—Sheet 1
Lismore Local Environmental Plan 2000 (Amendment No 15)
Lismore Local Environmental Plan 2000 (Amendment No 16)
Lismore Local Environmental Plan 2000 (Amendment No 23) (Sheets 1–4)
Lismore Local Environmental Plan 2000 (Amendment No 25)
Lismore Local Environmental Plan 2000 (Amendment No 28)
Lismore Local Environmental Plan 2000 (Amendment No 31)
Lismore Local Environmental Plan 2000 (Amendment No 37)
tourist facilities means an establishment providing for holiday accommodation or recreation and may include a boat shed, boat landing facilities, camping ground, caravan park, holiday cabins, hotel, house boat, marina, motel, playground, refreshment room, water sport facilities or a club used in conjunction with any such activities, but does not include a bed and breakfast establishment.
transport depot means a building or place used for the parking or storage of motor powered or motor drawn vehicles used in connection with a passenger or goods transport undertaking.
utility installation means a building or work used by a public utility undertaking, but does not include a building designed wholly or principally as administrative or business premises or as a showroom.
veterinary hospital means a building or place used for diagnosing or for surgically or medically treating animals, whether or not the animals are kept on the premises for the purposes of treatment.
warehouse means a building or place used for the storage of goods, merchandise or materials pending their sale and distribution.
wholesale plant nursery means a building or place used for either the growing or storage of plants, pending their sale in large quantities for the purposes of resale or agriculture.