This Plan uses a conventional map‑and‑table structure to couple spatial zoning with activity‑based permissions and technical standards. The central concepts and instruments are:

• Zoning and the Land Use Table. Clause 2.1 lists the zones (RU, R, E, MU, SP, RE, C, W), clause 2.2 fixes land to zones via the Land Zoning Map, and clause 2.3 supplies the Land Use Table that sets permitted without consent, permitted with consent and prohibited uses for each zone. The consent authority must have regard to zone objectives when deciding applications (cl 2.3(2)).

• Map‑based standards. The Plan operates via a set of maps that carry the operative controls: Land Application Map (cl 1.3), Land Zoning Map (cl 2.2), Lot Size Map (cl 4.1(3)), Height of Buildings Map (cl 4.3(2)), Floor Space Ratio Map (cl 4.4(2)), Heritage Map (cl 5.10 note), Acid Sulfate Soils Map (cl 6.1(2)), Drinking Water Catchment Map (cl 6.4(2)), and others. Clause 1.7 governs named maps and their public availability.

• Permission tiers. Part 3 establishes exempt development (Schedule 2) and complying development (Schedule 3) regimes. Exempt development must meet Schedule 2 standards and is still subject to other approvals where required (cl 3.1(2)-(5)). Complying development must meet the specified development standards and conditions and be permissible in the relevant zone (cl 3.2).

• Development standards and exceptions. Part 4 sets principal standards (lot size, height, FSR) and rules for calculating site area and FSR (cl 4.5). Clause 4.6 creates a process for departures from development standards, requiring the applicant to show compliance with the “unreasonable or unnecessary”/“environmental planning grounds” test and for the consent authority to keep a record of its assessment (cl 4.6(3)-(4)). The clause also lists explicit prohibitions on use for certain contraventions (cl 4.6(6) and (8)).

• Localised operational controls. Part 5 and Part 6 add targeted requirements for: heritage conservation (cl 5.10 and Schedule 5), flood planning and special flood considerations (cl 5.21-5.22), acid sulfate soils (cl 6.1), earthworks (cl 6.2), aquaculture (cl 5.19 and Schedule 6), music/noise for licensed premises (cl 5.20), airspace and aircraft noise around Lismore Airport (cl 6.5-6.6), rural landsharing development (cl 6.8), and various tourism, farm gate, farm stay and intensive livestock rules (multiple clauses in Part 5/6).

• Interaction with other legal instruments. The Plan repeatedly cross‑references the Act, SEPPs, Building Code of Australia, Heritage Act, Local Government Act and numerous other State Acts and regulations (see cl 1.9, cl 3.1(3)(a), cl 5.10 and throughout Schedule 6). The Plan does not operate in isolation; SEPPs may prevail (cl 1.9(1)).

• Site‑specific schedules and maps. Schedule 1 allows additional permitted uses on particular mapped land (cl 2.5); Schedule 4 classifies certain public land as operational or community land for Local Government Act purposes (cl 5.2); Schedule 5 lists heritage items and conservation areas (cl 5.10).

• Procedural guardrails. The Plan creates specific procedural steps: heritage notifications to the Heritage Council or local Aboriginal communities where relevant (cl 5.10(7)-(9)), Planning Secretary concurrence for subdivision in urban release areas (cl 7.2), mandatory development control plans for urban release areas (cl 7.4), requirements for acid sulfate soils management plans (cl 6.1(3)) and certificates/registrations for certain complying development (sch 3 Part 2 conditions, including s88E restriction for raised dwelling work).

Taken together, the main concepts are mapping + zoning + use table + standards + exceptions + targeted local rules + procedures. These elements determine who can do what where, under what conditions, and with what procedural checks.

The Plan assigns roles and imposes constraints that touch a range of actors. Principal affected parties are:

• Landowners and prospective developers within the mapped Plan area. The Plan applies to the land identified on the Land Application Map (cl 1.3) and to all parcels zoned under the Land Zoning Map (cl 2.2). Whether a proposed activity requires consent, is exempt, or is complying depends on the zone and the Schedules (cl 2.3; cl 3.1-3.2; Schedules 2-3).

• Lismore City Council. The Plan names the Council as the consent authority (cl 1.6), gives the Council powers to classify and reclassify public land (cl 5.2 and Schedule 4), and requires the Council to keep and make maps available in accordance with Ministerial arrangements (cl 1.7). The Council must assess applications having regard to zone objectives (cl 2.3(2)) and must carry out procedural notifications and impose conditions (for example, heritage assessments cl 5.10(4)-(6)).

• State agencies and the Planning Secretary. SEPPs may prevail over the Plan (cl 1.9(1)). The Planning Secretary must be consulted and provide concurrence for subdivision in urban release areas (cl 7.2), and the Planning Secretary may consult other public authorities in deciding concurrence (cl 7.2(3)). The Plan also designates relevant State acquisition authorities for certain mapped land (cl 5.1(2)).

• Owners and users of heritage items and land in heritage conservation areas. Schedule 5 lists individual heritage items and conservation areas (cl 5.10 note and Schedule 5). Development affecting heritage items, Aboriginal places and archaeological sites triggers consent requirements and notification obligations (cl 5.10(2), (4), (7)-(9)).

• Agricultural and aquaculture operators. The Plan includes specific rules for primary production zones (zones RU1-RU5 in cl 2.1 and Land Use Table) and niche controls for intensive livestock agriculture (cl 5.18) and pond/tank/oyster aquaculture (cl 5.19 and Schedule 6). Those operators must meet the site and operational requirements in Schedule 6 and consider distance and environmental constraints in cl 5.18.

• Owners of land in flood‑prone or acid sulfate soils areas. The Plan places explicit gates on development in flood planning areas (cl 5.21-5.22), requires an acid sulfate soils management plan for works on mapped classes of land (cl 6.1(2)-(3)) and restricts certain earthworks without consent (cl 6.2).

• Operators of licensed premises and venues. Clause 5.20 prevents consent being refused on the basis of the genre of music, live or amplified music, dancing or certain stage/lighting choices for licensed premises, so long as noise can be managed to an acceptable level (cl 5.20(1)-(2)). This directly affects how venues and operators plan events.

• Infrastructure owners/operators and airport users. The Plan contains an airspace operations clause for Lismore Airport that requires consultation with the relevant Commonwealth body if a proposed development would penetrate prescribed operational surfaces (cl 6.5). Clause 6.6 applies noise and siting tests for development in aircraft noise contours.

• Public authorities and Crown entities. The Plan contains special provisions for development by or on behalf of a public authority under SEPP Transport and Infrastructure (cl 5.12) and protects public authority rights under registered instruments where the Plan suspends covenants (cl 1.9A(3)).

• Community interest groups and neighbouring residents. While not a named party, the Plan creates notification obligations (heritage and Aboriginal place notifications cl 5.10(7)-(8)) and neighbourhood protection tests (flooding cl 5.21, intensive livestock proximity limits cl 5.18(4)(b)) which enable neighbourhood interests to be considered by the consent authority.

Finally, there are a number of site‑specific actors identified in the Schedules: owners of land subject to Additional Permitted Uses (Schedule 1 Items 1-9), proprietors of properties listed in Schedule 4 (public land classification), and owners of the Schedule 5 heritage items. Those individuals or entities face bespoke permissions, constraints and, in a few cases, time‑limited consents (e.g. Item 4 in Schedule 1 requires a 5‑year cessation condition).

The Plan allocates duties and confers rights through permissions, procedural rules and conditional requirements. The operative duties and rights that practitioners will most commonly rely upon are:

• Consent authority duties. The consent authority (the Council, cl 1.6) must assess development applications having regard to the objectives for the relevant zone (cl 2.3(2)), must consider heritage impacts before granting consent (cl 5.10(4)), and must keep records of assessments under clause 4.6 when considering departures from development standards (cl 4.6(4)). For heritage and Aboriginal matters, the consent authority must give notices and consider responses (cl 5.10(7)-(9)).

• Applicant duties. Applicants must use the Plan’s maps to identify applicable controls (cl 1.7; cl 2.2). For certain classes of work, applicants must supply technical plans or management plans before consent can be granted: acid sulfate soils management plan required for works on mapped classes (cl 6.1(3)); heritage management documents or heritage conservation management plans where required (cl 5.10(5)-(6)); compliance material for complying development certificates in line with Schedule 3 and State policy (cl 3.2(4)); and the document required to demonstrate grounds for contravening a development standard per cl 4.6(3) (and the Regulation requires accompanying documentation).

• Rights to carry out exempt or complying development. If a proposal meets the tests in Schedule 2 and the Building Code (cl 3.1(2)-(4)), it is exempt development and can proceed without development consent, subject to other approvals as required by other Acts. Likewise, acceptable applications under Schedule 3 may obtain a complying development certificate if they meet the specified conditions and standards (cl 3.2(2)-(4)).

• Rights and restrictions on subdivision. Subdivision is allowed only with development consent (cl 2.6(1)), subject to minimum lot sizes (cl 4.1), but the Plan permits a range of exceptions and flexibility (clauses 4.1AA, 4.2-4.2E) where specific criteria are met (e.g. rural subdivision for primary production cl 4.2(3)). Part 7 adds a further gate: Planning Secretary concurrence is required for subdivision in urban release areas (cl 7.2).

• Heritage and archaeological duties. Development affecting heritage items, heritage conservation areas, Aboriginal places of heritage significance or archaeological sites requires development consent (cl 5.10(2)). The consent authority may require heritage management documents (cl 5.10(5)) and must notify prescribed bodies (cl 5.10(7)-(9)). The consent authority may also allow development that otherwise would be prohibited if it facilitates conservation and meets the heritage management criteria (cl 5.10(10)).

• Flood and hazard obligations. Development consent in flood planning areas must not be granted unless the consent authority is satisfied the development is compatible with flood function/behaviour and evacuation and environmental protections are provided (cl 5.21(2)-(3)). Special flood considerations add further requirements for sensitive or hazardous development (cl 5.22).

• Technical compliance and registration conditions. Where complying development is used (for example the raising of dwellings above flood planning level in Schedule 3), the Plan inserts specific certification requirements (e.g. certification by the Northern Rivers Reconstruction Corporation or NSW Reconstruction Authority sch.3, clause governing raising of dwellings), building materials and structural standards (sch.3 Part 1), and requires a section 88E restriction on title before work commences (sch.3 Part 2 condition).

• Suspension of private covenants for Plan‑consistency with exceptions. Clause 1.9A suspends covenants and similar private instruments to the extent necessary to enable development consistent with the Plan or a consent granted under the Act, but it expressly preserves covenants imposed by the Council, certain Crown instruments and planning agreements and does not affect rights of public authorities under registered instruments (cl 1.9A(1)-(3)).

• Rights under State policies and other Acts. The Plan makes explicit that SEPPs may prevail over its provisions (cl 1.9(1)); it also cross‑references the Building Code and other Acts as material or operative obligations (cl 3.1(2)-(4), cl 5.12).

These duties and rights create a working regime: applicants have rights to pursue exempt, complying or consent pathways but must satisfy the Plan’s maps, standards and the consent authority’s tests; the Council has duties to assess and notify on targeted matters and to ensure compliance with both local and State requirements.

The Plan itself is primarily a regulatory instrument setting permissions and procedural obligations; it does not create a general schedule of monetary fines or criminal penalties within the text provided. The enforcement regime and sanctions arise through interaction with the Environmental Planning and Assessment Act and other statutes. From the Plan text the immediate enforcement and compliance mechanisms are:

• Development consent conditions and covenants. The consent authority can impose conditions on development consents (see heritage incentives and conditions cl 5.10(10)(c) and cl 4.5(9) on registering covenants to prevent floor space “double dipping”). Those conditions can be registered against title (e.g. sch.3‑oc.3 requires an s 88E restriction be registered before building work for raised dwellings).

• Record keeping and administrative oversight. Clause 4.6(4) requires the consent authority to keep a record of its assessment when considering contraventions of development standards. This administrative obligation supports accountability and provides documentary footing for subsequent enforcement or review.

• Role of other statutory regimes. The Plan repeatedly cross‑refers to other acts that contain enforcement mechanisms. For example, exempt development remains subject to approvals, licences or permits required under other Acts (sch 2 Note 2; cl 3.1(5) reminder). Heritage matters point to the Heritage Act 1977 and notifications to the Heritage Council (cl 5.10(7), (9)), with those Acts containing their own compliance regimes.

• Title restrictions and legal encumbrances. The Plan imposes or contemplates registered restrictions (section 88E in Conveyancing Act) that limit future development (e.g. sch.3 conditions for raised dwellings). Registered restrictions are enforceable at law and can be relied upon in subsequent planning, conveyancing and enforcement contexts.

• Administrative refusal or modification of proposals. The consent authority may refuse to grant development consent where statutory criteria are not satisfied (for example, flood planning tests cl 5.21(2), heritage impacts cl 5.10(4)-(6), airspace clearance objections cl 6.5(4)). Those refusals are effective enforcement tools.

• Interaction with the Act for remedies and offences. The Plan is made under the Environmental Planning and Assessment Act; enforcement of unauthorised development, breaches of consent conditions or offences under the Act are matters for that Act and the relevant regulations. While the Plan does not restate those sanctions, it explicitly situates its operation under the Act (see numerous references to “development consent” and the Act generally).

• Public authority safeguards. Clause 1.9A(3) preserves the rights of public authorities under any registered instrument, meaning public authority instruments and easements remain enforceable notwithstanding some suspension of private covenants for Plan consistency.

In short, the Plan establishes the permissions, conditions, and registrable restrictions that feed into the statutory enforcement architecture of the Environmental Planning and Assessment Act, the Conveyancing Act and related statutes. The Plan itself does not list fines or criminal penalties in the text provided; enforcement will therefore rely on consent refusals, conditions, registered restrictions, notifications and the enforcement tools available under the Act and other referenced legislation.

The Plan contains numerous explicit cross‑references and carve‑outs that govern how it sits within the broader statutory environment. The key legal interaction points are:

• State environmental planning policies (SEPPs). Clause 1.9(1) states that the Plan is subject to SEPPs that prevail over the Plan as provided by section 3.28 of the Act. Clause 1.9(2) lists certain SEPPs or provisions that do not apply to the Plan area, with an amendment note indicating changes over time. Practically, SEPPs can supersede local provisions where inconsistency arises.

• The Environmental Planning and Assessment Act. The Plan is an environmental planning instrument under the Act and repeatedly uses the Act’s consent machinery: development consent, exempt/compliant development certificates, and s 3.16 approval references (cl 1.9A(4) references the Governor’s approval in accordance with s 3.16 of the Act). Many procedural requirements (fees, appeal rights, enforcement) fall back to the Act and its Regulations.

• Building Code and building classification. Exempt development rules require compliance with the Building Code of Australia (cl 3.1(3)(a)-(b)). Complying development must meet deemed‑to‑satisfy provisions of the Building Code (cl 3.2(3)(b)). Where exemptions reference State policies, the Plan instructs how those State provisions are read into local complying rules (sch.3, raising dwellings clause 3(3)).

• Heritage and Aboriginal heritage regimes. Clause 5.10 cross‑references the Heritage Act 1977 in relation to State heritage register items and interim heritage orders. For Aboriginal objects and places, cl 5.10(8) requires local Aboriginal community notification and consideration of responses. Archaeological and Aboriginal heritage processes thus involve both the Plan and the Heritage Act/Aboriginal heritage processes.

• Local Government Act. Clause 5.2 is explicitly about classifying public land as operational or community land for the purposes of the Local Government Act 1993, and it references the need for Governor’s approval for discharging trusts where applicable (note to cl 5.2). Schedule 4 then implements those classifications.

• Crown land instruments and Crown land management. Clause 1.9A(2) excludes certain Crown land instruments from the clause suspending private covenants, and cl 5.12 preserves the Crown’s rights to use existing Crown buildings and to perform development permitted under SEPP Transport and Infrastructure (cl 5.12(1)-(2)).

• Fisheries, biodiversity and environment statutes. The aquaculture rules (cl 5.19 and Schedule 6) cross‑reference the Fisheries Management Act 1994, aquaculture industry development plans and the NSW Oyster Industry Sustainable Aquaculture Strategy. The Plan excludes environmentally sensitive areas as defined in State policies (cl 3.3) which pulls in coastal, Ramsar and World Heritage considerations under other Acts and international conventions.

• Land acquisition and State acquisition authorities. Clause 5.1 identifies which State authority is the relevant acquisition authority for land reservation acquisition purposes under the Land Acquisition (Just Terms Compensation) Act 1991, linking local land reservation to State acquisition processes.

• Conveyancing and title restrictions. Sch.3 Part 2 imposes a condition that an s 88E restriction (Conveyancing Act 1919) be registered before specified development work commences. Clause 4.5(9) contemplates covenants being registered as conditions to prevent “double dipping” on FSR and floor area.

• Other statutory approvals. The Plan repeatedly notes that exempt or complying development is not exempt from approvals under other Acts (Schedule 2 Note 2; cl 3.1(5)), explicitly signalling that water, sewer, road or Crown land approvals may still be required.

Practitioners must therefore read the Plan alongside the Act, relevant SEPPs, the Building Code, the Heritage Act, the Local Government Act, the Conveyancing Act, fisheries and biodiversity instruments, and any Crown land management regimes. The Plan makes clear that it is part of a web of regulatory instruments; where there is inconsistency, SEPPs or other statutory primacy rules apply as stated in cl 1.9(1) and in the relevant enabling legislation.

The Plan includes inline amendment annotations for many clauses and Schedules. The Plan as presented reflects iterations across multiple years; the text itself records the dates and instruments that amended particular clauses. Notable, non‑exhaustive amendment markers from the instrument include:

• Clause 1.8 (Repeal of planning instruments applying to land) shows an amendment note: Am 2021 (784), cl 5(1).

• Clause 1.8A (Savings provisions relating to development applications) has amendment history: Am 2019 (621), Sch 5[1]; 2023 (657), Sch 1[1]-[3].

• Clause 1.9 was amended in 2016 (Am 2016 (310), Sch 4.14) as shown in the note.

• Clause 1.9A (suspension of covenants) was amended in 2019 (Am 2019 (621), Sch 5[2]-[4]).

• Zoning list (cl 2.1) carries a series of amendment notes showing alterations in 2016, 2017 and 2022: cl 2.1: Am 2016 (193), Sch 1[1]; 2017 (25), Sch 1[1]; 2022 (832), Sch 1.15[1].

• The Land Use Table and its amendments are extensively annotated, with amendments recorded in many years: e.g. 2013, 2014, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023 and 2025 (see Land Use tbl notes).

• Minimum subdivision lot size, and related rural lot clauses, show amendments and insertions over the years: cl 4.1AA was added/amended in 2016 and 2022 (cl 4.1AA: Am 2016 (193), Sch 1[3]; 2022 (514), Sch 1[3]). Clauses 4.2A, 4.2B, 4.2C, 4.2D, 4.2E show amendment or insertion notes across 2013-2023.

• Part 3 and schedules show multiple amendments: Schedule 3 has amendments noted in 2014 and 2022.

• Clause 5.9 (Dwelling house or secondary dwelling affected by natural disaster) is a 2021 insertion (Ins 2021 (302), Sch 1.17) and was amended again in 2022 (Am 2022 (514), Sch 1[3]).

• Clause 5.22 (Special flood considerations) was substituted in 2023 (Subst 2023 (657), Sch 1[4]).

• Part 7 (Urban release areas) was inserted in 2025 (Ins 2025 (347), Sch 1[1]) and includes multiple new clauses (7.1-7.4) with amendment notes (cl 7.1: Ins 2025 (347), Sch 1[1]).

• Schedule and clause-level amendment notes appear throughout Schedule 6, Schedule 1, Schedule 4 and Schedule 5 with dates ranging from 2013 to 2026 (see the specific schedule headers, e.g. Sch 1: Am 2017 (89) ... 2026 (102), Sch 1).

These inline annotations give a traceable indicator of the Plan’s iterative evolution. They also show that the Plan has been actively maintained, with specific responses to events (for example, the 2021 insertion concerning natural disaster‑affected dwellings) and the 2025 addition of an Urban Release Area regime. For practitioners, the amendment notes provide a contemporaneous record of change and should be used to identify when particular operative tests or exceptions came into force.

This instrument does not provide its own consolidated amendment table beyond the inline notes. Users should rely on the official consolidated version on the NSW legislation website for the operative text and the full legislative history, including commencement dates for each amendment.

The text supplied contains no judicial authorities, case law references or descriptions of litigation concerning the Plan. It names no decided cases and includes no summary of any decisions interpreting its provisions. Consequently, from this source alone:

• There are no recorded cases cited within the Plan that interpret the Plan’s provisions or that the Plan itself relies upon.

• There is no litigation history, challenges or judicial commentary provided in the instrument text.

For practitioners seeking authoritative judicial interpretation, merits review outcomes or precedents on how courts or tribunals have applied particular clauses of this Plan (for example, how cl 4.6 is tested in practice, or how cl 5.21 flood planning tests have been assessed), the Plan does not supply that material. Users will need to consult the judgments database, Land and Environment Court decisions, merits review determinations and any tribunal records external to this instrument.

The Plan does, however, build in administrative recordkeeping and notification processes that produce the documentary trail often relied on in litigation or merits review: cl 4.6(4) requires the consent authority to keep a record when granting consent that contravenes a development standard; cl 5.10(7)-(9) requires notice to the Heritage Council or local Aboriginal communities with 28‑day response windows; sch.3 Part 2 requires s 88E restrictions to be registered before certain works commence. Those administrative steps are relevant evidence points in any subsequent dispute but are not judicial determinations themselves.

In short, there is no litigation history contained in the Plan text; to obtain that history practitioners must search case law and tribunal repositories for decisions engaging the Plan’s clauses.

The Plan contains a number of specific provisions and interactions that commonly create risk or traps for practitioners and applicants. These are practical points to watch closely, with the controlling clauses cited:

• Savings and transitional applications. Clause 1.8A requires that development applications made before the Plan (or certain amendments) commenced and not finally determined must be determined as if the Plan (or the amendment) had not commenced. This can produce counterintuitive outcomes: an application lodged pre‑Plan may proceed under previous rules even though the Plan is now operative. Check cl 1.8A carefully for which applications are saved and which amendment dates apply.

• Map focus and deferred matters. The Plan applies only to land shown on the Land Application Map (cl 1.3(1)), and it excludes “Deferred matter” areas (cl 1.3(1A)). Practitioners must always confirm the correct map version, because the Plan’s operative rules are map‑driven (cl 1.7 emphasises maps and their amendments).

• Suspension of private covenants,not absolute. Clause 1.9A suspends private agreements to the extent necessary to enable development consistent with the Plan, but expressly excludes covenants imposed by Council and a list of Crown and conservation instruments (cl 1.9A(2)), and it does not affect the rights of public authorities under registered instruments (cl 1.9A(3)). Do not assume covenants are automatically overridden; check the exceptions and registered instruments.

• Exempt and complying development exclusions for environmentally sensitive areas. Clause 3.3 excludes environmentally sensitive areas from exempt/compliant development. That list pulls in coastal waters, Ramsar wetlands, land identified as high Aboriginal cultural significance or high biodiversity significance, reserved national parks and other mapped areas. Proposals that might otherwise be “minor” can be non‑exempt if in a sensitive area (cl 3.3(1)-(2)).

• Floor space ratio calculation and “double dipping.” Clause 4.5 sets detailed rules for determining site area and gross floor area, including the exclusion of land where development is prohibited (cl 4.5(4)(a)), and allows conditions requiring covenants to prevent creation of floor area on one lot because the site included another lot (cl 4.5(9)-(10)). When sites comprise multiple lots, floor area calculations and registered covenants can materially affect development yield.

• Exceptions to standards are procedural and recordable. Clause 4.6 permits departures from development standards but requires the applicant to demonstrate that compliance is unreasonable or unnecessary and there are sufficient environmental planning grounds (cl 4.6(3)). The consent authority must keep a record (cl 4.6(4)). Departures are not routine; paperwork and justification are necessary.

• Heritage and archaeological notification timelines. For archaeological sites and nominated State heritage items, the consent authority must notify the Heritage Council and consider any responses within 28 days (cl 5.10(7), (9)). For Aboriginal places of heritage significance the consent authority must notify local Aboriginal communities and consider responses within 28 days (cl 5.10(8)). Failure to follow these notice rules can lead to procedural challenge.

• Flooding and raising of dwellings. Flood planning and special flood considerations (cl 5.21-5.22) impose substantive safety and evacuation tests; sch.3 sets out complying development for raising dwellings but requires certification by the Northern Rivers Reconstruction Corporation or NSW Reconstruction Authority and an s 88E restriction (sch.3 Part 1(5) and sch.3 Part 2 conditions). Complying development height and privacy constraints also apply (sch.3 Parts 1-2).

• Airspace and airport noise gates. For developments that would penetrate the Limitation or Operations Surface for Lismore Airport, the consent authority must consult the relevant Commonwealth body and decline consent if that body objects (cl 6.5(2)-(4)). Development in ANEF contours of 20 or greater triggers siting and indoor sound level obligations (cl 6.6(2)-(3)). Don’t overlook Commonwealth consultation obligations.

• Intensive livestock and proximity limits. Clause 5.18 permits some intensive livestock development without consent up to specified capacity thresholds but only outside environmentally sensitive areas, within minimum separation distances from dwellings, and with poultry/pig farm proximity constraints (cl 5.18(4)-(5)). Operators may incorrectly assume small scale operations are free of planning constraints.

• Urban release area hurdles. The Part 7 regime introduced in 2025 places a new gate on subdivisions in release areas: concurrence of the Planning Secretary is mandatory (cl 7.2). In addition a development control plan that sets staging, transport hierarchies, landscaping and infrastructure sequencing is required before consent for most development (cl 7.4). This will delay or condition subdivision in mapped release areas.

• Site‑specific, time‑limited permissions. Schedule 1 Item 4 permits manufacture of concrete fence posts on a targeted 2‑hectare area but requires a condition to cease operation no later than five years after first consent (Schedule 1 Item 4(3)). Watch Schedule 1 for bespoke, temporally‑limited rights.

• “Not adopted” or repealed clauses. Several provisions are marked as “Not adopted” (e.g. 5.5; 5.14; 5.15; 5.23) or repealed (cl 6.3). Do not rely on those headings as operative controls.

Careful map checks, confirmation of which amendments apply to a given parcel, attention to notification timelines, and recognising where State policy and Commonwealth consultation trumps local rules are critical risk‑mitigation steps.

The Plan sets out a practical sequence and a set of specific documentary and procedural requirements for complying with its controls. The following step‑by‑step check list is grounded in the instrument text and is intended for practitioners preparing or advising on proposals:

1. Identify the land and applicable maps. Confirm the land is within the Plan by reference to the Land Application Map and Land Zoning Map (cl 1.3(1); cl 2.2). Check whether the parcel is shown as “Deferred matter” (cl 1.3(1A)). Consult the Lot Size Map, Height of Buildings Map, Floor Space Ratio Map, Heritage Map, Acid Sulfate Soils Map, Drinking Water Catchment Map and any specific Additional Permitted Uses Map noted in Schedules (cl 1.7; cl 4.1(3); cl 4.3(2); cl 4.4(2); cl 5.10 notes; cl 6.1(2)).

2. Determine the permitted status. Use the Land Use Table (cl 2.3) to classify the proposed use as permitted without consent, permitted with consent, or prohibited in the relevant zone. If the use is listed in Schedule 1 as an Additional Permitted Use, apply the Schedule’s conditions (cl 2.5).

3. Consider exempt or complying pathways. Check Schedule 2 for exempt development standards and Schedule 3 for complying development provisions (cl 3.1-3.2). Ensure the proposal is not in an “environmentally sensitive area” excluded from exempt/compliant development (cl 3.3). For complying development, confirm the proposal meets the relevant Building Code deemed‑to‑satisfy provisions and any state policy cross‑references (cl 3.2(2)-(3)).

4. Check technical standards. Confirm minimum lot size (cl 4.1), height (cl 4.3) and FSR (cl 4.4) controls using the Lot Size, Height and FSR maps and apply the floor space ratio calculation rules in cl 4.5 where site area includes multiple lots or public land. If a proposed development contravenes a development standard, prepare the necessary cl 4.6 justification material and be ready for the consent authority’s record keeping requirement (cl 4.6(3)-(4)); the Regulation requires a supporting document with the development application.

5. Address site‑specific technical obligations. Where relevant, prepare and submit:

   • An acid sulfate soils management plan in accordance with the Acid Sulfate Soils Manual when works are on mapped classes (cl 6.1(2)-(3)), or obtain and have a confirmed preliminary assessment (cl 6.1(4)).
   • Heritage management documentation or a heritage conservation management plan if the site is a heritage item or in a conservation area (cl 5.10(5)-(6)).
   • Flood risk and evacuation measures per cl 5.21 and special flood considerations per cl 5.22 for sensitive/hazardous development.
   • For aquaculture, ensure the operation meets site location and operational requirements in Schedule 6 and consult the relevant aquaculture industry development plan and oyster strategy where relevant (cl 5.19 and Schedule 6).

6. Prepare notifications and consultations. If the proposal affects archaeological sites or nominated State heritage items, notify the Heritage Council and allow 28 days for response (cl 5.10(7), (9)); for Aboriginal heritage places, notify local Aboriginal communities and allow 28 days (cl 5.10(8)). For development that may penetrate airport operational surfaces, consult the relevant Commonwealth body and follow its advice (cl 6.5(2)-(4)). For urban release area subdivisions, obtain Planning Secretary concurrence (cl 7.2(1)) and prepare the DCP content required by cl 7.4(3) if not already prepared.

7. Demonstrate essential services and infrastructure availability. For any development, ensure essential services will be available (cl 6.9). For land in urban release areas, show public utility infrastructure is available or that adequate arrangements are in place (cl 7.3).

8. Address title encumbrances and register conditions. Expect conditions that require registration of restrictions or covenants (e.g. sch.3 oc.3 requires an s 88E restriction for raised dwellings; cl 4.5(9) contemplates covenants to prevent FSR “double dipping”). Plan for Conveyancing Act processes and timing to register required instruments before work commences.

9. Use the correct application pathway and documentation. For departures from standards under cl 4.6 provide the required demonstration materials described in cl 4.6(3) and the Regulation. For complying development, ensure the certificate application attaches the compliance conditions in Schedule 3 and the relevant State conditions (cl 3.2(4)). For exempt development follow Schedule 2 standards and ensure other statutory approvals are obtained as required (sch 2 Note 2).

10. Anticipate procedural timing and possible refusals. Heritage, Aboriginal and Commonwealth airport consultations each have review/response windows. The consent authority must be satisfied on substantive matters (flood safety cl 5.21(2), heritage effects cl 5.10(4)) before granting consent. Urban release areas add an extra concurrency step (cl 7.2), and the DCP requirement (cl 7.4) may delay subdivision until staging, infrastructure sequencing and design controls are in place.

11. Post‑consent compliance. Comply with consent conditions, monitor and maintain any required management strategies (e.g. eco‑tourist facility management strategy cl 5.13(3)(k)), and ensure ongoing compliance with registered restrictions and covenants. Keep records of assessments where the Plan requires them (e.g. cl 4.6(4)).

Practically, compliance requires early map checking, pre‑application engagement with Council and where necessary the relevant State bodies (Heritage Council, Planning Secretary, Commonwealth aviation body), procurement of technical management plans (acid sulfate soils, heritage, flood risk), and readiness to register title restrictions. The Plan points to a multi‑agency decision process for many developments: local assessment by Council under the Plan, concurrent State policy controls (SEPPs) and, in some cases, Commonwealth involvement for airspace considerations.