Lismore Local Environmental Plan 2000 (Amendment No 23) (2006-672) Gazette No 139 of 17 November 2006, page 9771 (NSW)

2006 No 672

New South Wales

Lismore Local Environmental Plan

2000 (Amendment No 23)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following local environmental plan under the

Environmental Planning and Assessment Act 1979. (GRA6322799/PC–1)

FRANK SARTOR, M.P.,

Minister for Planning

Published in Gazette No 139 of 17 November 2006, page 9771	Page 1
2006 No 672

Clause 1 Lismore Local Environmental Plan 2000 (Amendment No 23)

Lismore Local Environmental Plan 2000 (Amendment

No 23)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Lismore Local Environmental Plan 2000 (Amendment

No 23).

2      Aims of plan

This plan aims to amend Lismore Local Environmental Plan 2000:

(a)

to prohibit advertisements on motor vehicles in certain circumstances, and

(b)

to amend provisions relating to boundary adjustments on rural land, and

(c)

to permit 2 dwellings to be erected on a single parcel of rural land in certain circumstances, and

(d)

to remove a provision relating to investigation areas referred to on the zoning map, and

(e)

to amend provisions relating to the permissibility of:

(i)	cemeteries and crematoriums in residential and industrial zones, and
(ii)	residential flat buildings in business zones, and

(f)

to introduce an additional objective to Zone No 2 (f), and

(g)

to correct descriptions of certain properties described in the Schedule of heritage items, and

(h)

to amend the definitions of car repair station, community facility and rural tourist facility and replace the definition of residential building with residential flat building, and

(i)      to rezone certain land in Tuncester to Zone No 1 (a) (General Rural Zone), and

(j) to rezone certain land from Zone No 3 (f) (Services Business (Flood Liable) Zone) to Zone No 3 (a) (Business Zone).

2006 No 672

Lismore Local Environmental Plan 2000 (Amendment No 23) Clause 3

3      Land to which plan applies

This plan applies:

(a)	in respect of the matter referred to in clause 2 (g) to 1, 9A, 9B and 9D Airforce Road, Lismore, and
(b)	in respect of the matter referred to in clause 2 (i) to part Lot 3, DP 828423 and part Lot 22, DP 792611, Rifle Range Road, Tuncester, shown edged in heavy black on Sheet 1 of the map marked “Lismore Local Environmental Plan 2000 (Amendment No 23)” held in the office of the Council of the City of Lismore, and
(c)	in respect of the matter referred to in clause 2 (j) to land shown edged in heavy black on Sheet 2 of the map marked “Lismore Local Environmental Plan 2000 (Amendment No 23)” held in the office of the Council of the City of Lismore, and
(d)	in respect of all other matters, to all land to which the Lismore Local Environmental Plan 2000 applies.

4 Amendment of Lismore Local Environmental Plan 2000

Lismore Local Environmental Plan 2000 is amended as set out in

Schedule 1.

2006 No 672

Lismore Local Environmental Plan 2000 (Amendment No 23)

Schedule 1 Amendments

Schedule 1 Amendments

(Clause 4)

[1]      Clause 24 Development for the purpose of advertisements

Omit clause 24 (3). Insert instead:

(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.

[2]      Clause 30 Zone No 1 (a) (General Rural Zone)

Omit from item 30.5 of the Table to the clause:

• residential buildings

Insert instead:

• residential flat buildings

[3]      Clause 31 Zone No 1 (b) (Agricultural Zone)

Omit from item 31.5 of the Table to the clause:

• residential buildings

Insert instead:

• residential flat buildings

[4]      Clause 32 Zone No 1 (c) (Rural Residential Zone)

Omit from item 32.5 of the Table to the clause:

• residential buildings

Insert instead:

• residential flat buildings

[5]      Clause 35 Zone No 1 (r) (Riverlands Zone)

Omit from item 35.5 of the Table to the clause:

• residential buildings

Insert instead:

• residential flat buildings

2006 No 672

Lismore Local Environmental Plan 2000 (Amendment No 23)

Amendments Schedule 1

[6]      Clause 36 Subdivision and development in rural zones

Omit “, if the consent authority is satisfied that the land will be used for the purpose of agriculture, forestry or a dwelling house,” from clause 36 (1).

[7]      Clause 36 (5) (a)

Insert “and” after “zones,”.

[8]      Clause 36 (5) (b)

Insert “and” after “created,”.

[9]      Clause 36 (5) (e)

Insert at the end of clause 36 (5) (d):

, and

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

[10]      Clause 37 Rural dwellings and rural dual occupancy

Omit clause 37 (6). Insert instead:

(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.

[11]      Clause 43 Investigation areas referred to on zoning map

Omit the clause.

2006 No 672

Lismore Local Environmental Plan 2000 (Amendment No 23)

Schedule 1 Amendments

[12]      Clause 48 Zone No 2 (a) (Residential Zone)

Omit from item 48.4 of the Table to the clause:

• cemeteries and crematoriums

Insert instead:

• cemeteries

[13]      Clause 48, Table

Omit from item 48.4:

• residential buildings

Insert instead:

• residential flat buildings

[14]      Clause 48, Table

Insert in alphabetical order in item 48.5:

• crematoriums

[15]      Clause 49 Zone No 2 (f) (Residential (Flood Liable) Zone)

Insert at the end of paragraph (c) in item 49.1 of the Table to the clause:

, and

(d) to minimise the impact of non-residential development on the amenity of existing residences in the locality.

[16]      Clause 49, Table

Omit from item 49.5:

• residential buildings

Insert instead:

• residential flat buildings

[17]      Clause 51 Subdivision of land in Zones Nos 2 (a) and 2 (v)

Omit “residential building” from clause 51 (4) (a).

Insert instead “residential flat building”.

2006 No 672

Lismore Local Environmental Plan 2000 (Amendment No 23)

Amendments Schedule 1

[18]      Clause 58 Zone No 3 (a) (Business Zone)

Omit from item 58.4 of the Table to the clause:

• residential buildings

Insert instead:

• residential flat buildings (but only if part of the building is used for a commercial purpose that is permitted with development consent)

[19]      Clause 59 Zone No 3 (b) (Neighbourhood Business Zone)

Omit from item 59.4 of the Table to the clause:

• residential buildings

Insert instead:

• residential flat buildings (but only if part of the building is used for a commercial purpose that is permitted with development consent)

[20]      Clause 60 Zone No 3 (f) (Services Business (Flood Liable) Zone)

Omit from item 60.5 of the Table to the clause:

• residential buildings

Insert instead:

• residential flat buildings

[21]      Clause 63 Zone No 4 (a) (Industrial Zone)

Insert in alphabetical order in item 63.4 of the Table to the clause:

• crematoriums

[22]      Clause 63, Table

Omit from item 63.5:

• crematoriums and cemeteries

Insert instead:

• cemeteries

[23]      Clause 63, Table

Omit from item 63.5:

• residential buildings

Insert instead:

• residential flat buildings

2006 No 672

Lismore Local Environmental Plan 2000 (Amendment No 23)

Schedule 1 Amendments

[24]      Schedule 1 Heritage items

Omit the matter relating to Map No 64 from the Schedule. Insert instead:

64 Lismore 1, 9A, 9B and 9D Cemetery 30139 Built item

Cemetery Airforce Road, Lismore 10033 Landscape item Archaeological site

[25]      Schedule 7 Definitions

Insert “, but not repairs of a kind usually carried out by an auto-electrician” after “spray painting” in the definition of car repair station.

[26]      Schedule 7, definition of “community facility”

Insert “or operated” after “owned”.

[27]      Schedule 7, definitions of “home industry” and “home occupation”

Omit “residential building” wherever occurring.

Insert instead “residential flat building”.

[28]      Schedule 7, definition of “residential building”

Omit the definition. Insert instead:

residential flat building means a building or group of buildings erected on one lot of land and containing three or more dwellings.

[29]      Schedule 7, definition of “rural tourist facility”

Omit “guest house, hostel,”.

[30]      Schedule 7, definition of “the map”

Insert in appropriate order:

Lismore Local Environmental Plan 2000 (Amendment No 23)

(Sheets 1–4)

BY AUTHORITY