Lismore Local Environmental Plan 2000 (NSW)
This plan is Lismore Local Environmental Plan 2000.
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.
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.
This plan applies to all land within the City of Lismore as shown on the map, with boundaries as indicated on that map.
Lismore Local Environmental Plan 1992 is repealed.
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
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.
In this plan, terms defined in Schedule 7 have the same meaning as set out in that Schedule.
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.
The Council is the consent authority for the purposes of this plan, except as provided otherwise by the Act.
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”.
Development of minimal impact listed in Development Control Plan No
39—Exempt Development, as adopted by the Council on 12 October 2004, is
Development listed in Development Control Plan No 40—Complying
Development, as adopted by the Council on 12 October 2004, is
(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.
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.
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.
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.
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 |
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.
Except as otherwise provided in this plan, a person may not subdivide land to which this plan applies except with development consent.
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.
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.
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.
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.
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.
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).
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.
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.
(Repealed)
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
This clause applies to all land to which this plan applies.
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.
In subclause (2),
This clause applies to land identified on the map as land to which this clause applies.
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.
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.
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.
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.
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.
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.
In this clause—
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.
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.
(Repealed)
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.
Nothing in this clause requires development consent for the erection or display of a directional sign by the Council or another public authority.
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.
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.
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.
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.
Pursuant to section 28 of the Act, before the making of this clause, the Governor approved of subclause (1).
(Repealed)
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.
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.
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 surface Works by which the watertable is likely to be lowered. |
3 | Works beyond 1 metre below the natural ground surface Works 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 surface Works 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. |
For the purpose of subclause (2)
(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.
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.
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.
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)
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)
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.
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.
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.
In this clause—
(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.
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.
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.
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.
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.
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.
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.
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).
The consent authority must keep a record of its assessment carried out under subclause (3).
(Repealed)
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.
(Repealed)
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.
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.
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.
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.
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.
Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
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.
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.
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.
In this clause—
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.
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.
In this clause—
Canal estate development is prohibited on land to which this Plan applies.
In this clause—
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”.
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”.
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.
(Repealed)
The following table provides general zoning controls for Zone No 1 (a)—
The objectives are—
(a) to maintain and encourage sustainable agricultural activities within the zone, and
(b) to enable a range of other uses to occur on rural land providing such uses do not conflict with existing or potential agriculture and do not detract from the scenic amenity and character of the rural environment, and
(c) to discourage the fragmentation of rural land, and
(d) to restrict the establishment of inappropriate traffic generating uses along main road frontages, and
(e) to enable the provision of rural tourist accommodation and facilities only where such facilities are compatible with the form and density of the nature of the locality.
Development for the purpose of—
• agriculture (other than animal establishments)
• bush fire hazard reduction
• forestry
• home occupations
Exempt development
Development not included in item 30.2, 30.4 or 30.5.
(Repealed)
Development for the purpose of—
• amusement parlours
• boarding houses
• brothels
• bulky goods showrooms
• car repair stations
• commercial premises
• liquor outlets (other than those physically attached to and operated or to be operated as part of a convenience shop)
• markets
• residential flat buildings
• restricted premises
• shops (other than convenience shops)
• storage sheds
• warehouses
The following table provides general zoning controls for Zone No 1 (b)—
The objectives are—
(a) to preserve areas of higher quality agricultural land for agricultural production, and
(b) to permit a range of activities that support the agricultural industries being conducted on the land and limit development that may, in the opinion of the Council, reduce the agricultural production potential of the land, and
(c) to discourage the fragmentation of rural land, and
(d) to control development that may restrict the function of, or create a traffic hazard along, classified roads, and
(e) to enable tourist facilities to be provided that promote an appreciation of the rural environment and associated agricultural and horticultural activities, while ensuring the continued economic viability of the land.
Development for the purpose of—
• agriculture (other than animal establishments)
• bush fire hazard reduction
• forestry
• home occupations
Exempt development
Development not included in item 31.2, 31.4 or 31.5.
(Repealed)
Development for the purpose of—
• abattoirs
• airfields
• amusement parlours
• boarding houses
• brothels
• bulky goods showrooms
• caravan parks
• car repair stations
• clubs
• commercial premises
• drive-in theatres
• generating works
• goods transport terminals
• helipads
• heliports
• hospitals
• institutions
• licensed premises
• liquid fuel depots
• liquor outlets (other than those physically attached to and operated or to be operated as part of a convenience shop)
• markets
• materials recycling yards
• medical centres
• motels
• motor showrooms
• offensive or hazardous industries
• passenger transport terminals
• recreation facilities
• recreation vehicle areas
• residential flat buildings
• restricted premises
• service stations
• shops (other than convenience shops)
• storage sheds
• tourist facilities (other than rural tourist facilities)
• transport depots
• warehouses.
The following table provides general zoning controls for Zone No 1 (c)—
The objectives are—
(a) to provide opportunities for rural residential living in areas in close proximity to existing villages and urban areas where services are readily and economically accessible, and
(b) to minimise the cost of development to the general community by requiring persons benefiting from rural residential development to both pay for and provide their own on-site utility services, where appropriate, and
(c) to preserve and enhance the amenity of the rural residential area requiring the preparation of an environmental impact report or development control plan where the Council deems necessary prior to the development of the land, and
(d) to ensure a variety of lots sizes that are compatible with existing land use and reflect land capability.
Development for the purpose of—
• agriculture (other than animal establishments)
• bush fire hazard reduction
• forestry
• home occupations
Exempt development
Development not included in item 32.2, 32.4 or 32.5.
(Repealed)
Development for the purpose of—
• abattoirs
• airfields
• amusement parlours
• animal establishments
• boarding houses
• brothels
• bulky goods showrooms
• bulk stores
• caravan parks
• car repair stations
• cemeteries and crematoriums
• clubs
• commercial premises
• drive-in theatres
• extractive industries
• generating works
• goods transport terminals
• helipads
• heliports
• hospitals
• industries (other than home industries)
• licensed premises
• liquid fuel depots
• liquor outlets (other than those physically attached to and operated or to be operated as part of a convenience shop)
• markets
• materials recycling yards
• mines
• motels
• motor showrooms
• offensive or hazardous industries
• passenger transport terminals
• recreation facilities
• recreation vehicle areas
• residential flat buildings
• restricted premises
• sawmills
• service stations
• shops (other than convenience shops)
• stock and saleyards
• storage sheds
• temporary events
• tourist facilities
• transport depots
• warehouses
The following table provides general zoning controls for Zone No 1 (d)—
The objectives are—
(a) to identify land which is to be investigated in respect of its suitability for rezoning, and
(b) to ensure that development within the zone is compatible with the anticipated future development of the land, and
(c) to ensure that development maintains the existing character of the locality and minimises disturbance to the scenic value of the landscape through clearing, earthworks, access roads and construction of buildings, and
(d) to ensure that development does not create unreasonable or uneconomic demands, or both, for the provision or extension of public amenities or services.
Development for the purpose of—
• agriculture (other than animal establishments and plantings that will require the use of mechanised sprays)
• bush fire hazard reduction
• forestry
• home occupations
Exempt development
Development for the purpose of—
• art and craft galleries
• bed and breakfast establishments
• communications facilities
• craft studios
• dwelling-houses
• home industries
• home offices
• public utility undertakings
• recreation areas
• recreation establishments
• recreation facilities
• roadside stalls
• rural industries ancillary to an existing use
• temporary events
• utility installations
• wholesale plant nurseries
(Repealed)
Development not included in item 33.2, 33.3 or 33.4.
The following table provides general zoning controls for Zone No 1 (f)—
The objective is to allow forestry activities carried out by or on behalf of the Forestry Commission.
Development for the purpose of—
• agriculture
• any building, work, place or land use authorised under the Forestry Act 1916 (including any ordinarily ancillary or incidental development)
• bush fire hazard reduction
• home occupations
Exempt development
Development for the purpose of—
• extractive industries
• mines
• utility installations
(Repealed)
Development not included in item 34.2, 34.3 or 34.4.
The following table provides general zoning controls for Zone No 1 (r)—
The objectives are—
(a) to encourage the use of the land for its optimum productive potential, and
(b) to permit a range of activities that support the agricultural industries being conducted on the land and limit development that may, in the opinion of the Council, reduce the agricultural production potential of the land, and
(c) to discourage the fragmentation of rural land, and
(d) to control development that may restrict the function of, or create a traffic hazard along, classified and other formed roads, and
(e) to limit the development of non-agricultural uses, except those which will not be adversely affected by flooding.
Development for the purpose of—
• agriculture (other than animal establishments)
• bush fire hazard reduction
• forestry
• home occupations
Exempt development
Development not included in item 35.2, 35.4 or 35.5.
(Repealed)
Development for the purpose of—
• amusement parlours
• boarding houses
• brothels
• bulky goods showrooms
• bulk stores
• caravan parks
• car repair stations
• cemeteries and crematoriums
• clubs
• commercial premises
• drive-in theatres
• generating works
• goods transport terminals
• hospitals
• institutions
• licensed premises
• liquor outlets (other than those physically attached to and operated or to be operated as part of a convenience shop)
• markets
• materials recycling yards
• medical centres
• motels
• motor showrooms
• offensive or hazardous industries
• passenger transport terminals
• recreation facilities
• recreation vehicle areas
• residential flat buildings
• restricted premises
• shops
• storage sheds
• tourist facilities (except boatsheds and boat landing facilities, marinas, playgrounds, water sport facilities and houseboats)
• warehouses
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 |
See also subclause (2).
See also clause 40 (2) (e).
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.
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.
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.
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).
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.
This clause applies to land within Zone No 1 (a), 1 (b), 1 (c), 1 (d) or 1 (r).
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.
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.
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.
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.
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.
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.
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).
This clause applies to land within Zone No 1 (a), 1 (b), 1 (d) or 1 (r).
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.
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).
This clause applies to land within Zone No 1 (c).
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.
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.
This clause applies to land within Zone No 1 (a), 1 (b), 1 (c), 1 (d) or 1 (r).
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.
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)
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.
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.
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.
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.
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 |
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.
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.
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.
In this clause—
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.
(Repealed)
This clause applies to land situated on Rifle Range Road, Tuncester, shown horizontally hatched on the map.
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.
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).
Consent must not be granted to any development on land to which this clause applies without the concurrence of Rous Water.
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).
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.
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.
On receipt of such a notice, Rous Water must acquire the land to which the notice relates.
This clause applies to land within Zone No 1 (a), 1 (b), 1 (c), 1 (d) or 1 (r).
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.
(Repealed)
(Repealed)
The following table provides general zoning controls for Zone No 2 (a)—
The objectives are—
(a) to encourage a wide range of housing densities and types to ensure maximum utilisation of infrastructure and equitable distribution of housing densities, and
(b) to ensure the development of all land within the zone adequately provides for the demand for physical services and community facilities created by the additional population, and
(c) to allow development for other than residential purposes, except where the scale, type and traffic-generating aspects of the development will significantly alter the landscaping, character or amenity of the surrounding residential area, and
(d) to ensure the design quality of new development is compatible with the character of each residential area.
(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.
(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.
(a) which operates on one day of the week only, and
(b) which does not require the erection of permanent structures.
(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.
(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.
(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.
(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.
(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.
(a) any classified publications (other than unrestricted publications) within the meaning of the Classification (Publications, Films and Computer Games) Enforcement Act 1995 are available for sale or rental to the public, or
(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.
(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.
(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 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)
Clause 28A
Barne’s Drain
Dungarubba Creek
Mystery Drain
Flatley’s Drain
Meston’s Drain
Kilgin Drain
Bertoli’s Drain
Robinson’s Drain
Thompson Drain
Krishna Drain
Yeager Drain
O’Connor Drain
McPherson Drain
Snowy’s Drain
Rippon’s Drain
Lismore Local Environmental Plan 2000 published in Gazette No 49 of 20.4.2000, p 3490 and amended as follows—
Lismore Local Environmental Plan 2000 (Amendment No 5) (GG No 155 of 1.12.2000, p 12139)
Lismore Local Environmental Plan 2000 (Amendment No 4) (GG No 39 of 16.2.2001, p 718)
Lismore Local Environmental Plan 2000 (Amendment No 3) (GG No 49 of 9.3.2001, p 1182)
Lismore Local Environmental Plan 2000 (Amendment No 2) (GG No 95 of 8.6.2001, p 3565)
Lismore Local Environmental Plan 2000 (Amendment No 6) (GG No 98 of 14.6.2002, p 4371)
Lismore Local Environmental Plan 2000 (Amendment No 10) (GG No 210 of 8.11.2002, p 9530)
Lismore Local Environmental Plan 2000 (Amendment No 9) (GG No 225 of 22.11.2002, p 9915)
Lismore Local Environmental Plan 2000 (Amendment No 8) (GG No 14 of 17.1.2003, p 325)
Lismore Local Environmental Plan 2000 (Amendment No 11) (GG No 83 of 9.5.2003, p 4700)
Lismore Local Environmental Plan 2000 (Amendment No 13) (GG No 47 of 27.2.2004, p 877)
Lismore Local Environmental Plan 2000 (Amendment No 14) (GG No 83 of 14.5.2004, p 2832)
Lismore Local Environmental Plan 2000 (Amendment No 21) (GG No 25 of 11.2.2005, p 362)
Lismore Local Environmental Plan 2000 (Amendment No 16) (GG No 32 of 11.3.2005, p 710)
No 64 | Statute Law (Miscellaneous Provisions) Act 2005. Assented to 1.7.2005. Date of commencement of Sch 2.34, assent, sec 2 (2). | |
(402) | Lismore Local Environmental Plan 2000 (Amendment No 15). GG No 98 of 5.8.2005, p 4108. Date of commencement, on gazettal. | |
(403) | Lismore Local Environmental Plan 2000 (Amendment No 22). GG No 98 of 5.8.2005, p 4110. Date of commencement, on gazettal. | |
(431) | Lismore Local Environmental Plan 2000 (Amendment No 19). GG No 102 of 12.8.2005, p 4375. Date of commencement, on gazettal. | |
(80) | Lismore Local Environmental Plan 2000 (Amendment No 24). GG No 31 of 3.3.2006, p 1127. Date of commencement, on gazettal. | |
(339) | Lismore Local Environmental Plan 2000 (Amendment No 17). GG No 82 of 23.6.2006, p 4701. Date of commencement, on gazettal. | |
(411) | Lismore Local Environmental Plan 2000 (Amendment No 12). GG No 93 of 21.7.2006, p 5784. Date of commencement, on gazettal. | |
(476) | Lismore Local Environmental Plan 2000 (Amendment No 25). GG No 103 of 18.8.2006, p 6469. Date of commencement, on gazettal. | |
(626) | Lismore Local Environmental Plan 2000 (Amendment No 26). GG No 123 of 13.10.2006, p 8737. Date of commencement, on gazettal. | |
(672) | Lismore Local Environmental Plan 2000 (Amendment No 23). GG No 139 of 17.11.2006, p 9771. Date of commencement, on gazettal. | |
No 120 | Statute Law (Miscellaneous Provisions) Act (No 2) 2006. Assented to 4.12.2006. Date of commencement of Sch 2, assent, sec 2 (2). | |
(722) | Lismore Local Environmental Plan 2000 (Amendment No 28). GG No 175 of 8.12.2006, p 10523. Date of commencement, on gazettal. | |
(98) | Lismore Local Environmental Plan 2000 (Amendment No 31). GG No 33 of 23.2.2007, p 1062. Date of commencement, on gazettal. | |
(641) | State Environmental Planning Policy (Infrastructure) 2007. GG No 185 of 21.12.2007, p 10003. Date of commencement, 1.1.2008, cl 3. | |
(93) | Lismore Local Environmental Plan 2000 (Amendment No 33). GG No 40 of 4.4.2008, p 2611. Date of commencement, on gazettal. | |
(571) | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008. GG No 157 of 12.12.2008, p 11946. |
Date of commencement, 15.12.2008, cl 3. | ||
(642) | Lismore Local Environmental Plan 2000 (Amendment No 20). GG No 160 of 24.12.2008, p 12977. Date of commencement, on gazettal. | |
(8) | Lismore Local Environmental Plan 2000 (Amendment No 27). GG No 8 of 9.1.2009, p 160. Date of commencement, on gazettal. | |
(464) | Lismore Local Environmental Plan 2000 (Amendment No 40). LW 11.9.2009. Date of commencement, on publication on LW, cl 2. | |
(550) | Lismore Local Environmental Plan 2000 (Amendment No 37). LW 27.11.2009. Date of commencement, on publication on LW. | |
No 106 | Statute Law (Miscellaneous Provisions) Act (No 2) 2009. Assented to 14.12.2009. Date of commencement of Sch 2, 8.1.2010, sec 2 (2). | |
(502) | Lismore Local Environmental Plan 2000 (Amendment No 29). LW 27.8.2010. Date of commencement, on publication on LW, cl 2. | |
(817) | Lismore Local Environmental Plan 2012 (Amendment No 14). LW 23.12.2016. Date of commencement, on publication on LW, cl 2. | |
(659) | State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019. LW 20.12.2019. Date of commencement, 1.2.2020, cl 2. | |
(724) | State Environmental Planning Policy Amendment (Arts and Cultural Activity) 2020. LW 11.12.2020. Date of commencement, 11.12.2020, cl 2 and 2020 (713) LW 11.12.2020. | |
(716) | State Environmental Planning Policy Amendment (Miscellaneous) 2021. LW 26.11.2021. Date of commencement, on publication on LW, sec 2. | |
(629) | State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022. Date of commencement, 21.11.2022, sec 2. | |
(524) | State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023. LW 15.9.2023. Date of commencement, 1.11.2023, sec 2. |
Cl 2 | Am 2020 (724), Sch 1.9. |
Cl 5 | Subst 14.6.2002. |
Cl 9 | Am 11.2.2005; 2005 No 64, Sch 2.34. |
Cl 10 | Rep 2021 (716), Sch 1.13[1]. Ins 2023 (524), Sch 1.1[3]. |
Cl 11 | Subst 14.6.2002. |
Cl 12 | Subst 14.5.2004. |
Cl 13 | Subst 14.5.2004. Am 2008 (571), Sch 3.104 [1]. |
Cl 14 | Am 8.6.2001. Subst 14.5.2004. Rep 2021 (716), Sch 1.13[1]. |
Cl 15 | Subst 14.5.2004. Rep 2008 (571), Sch 3.104 [2]. |
Cl 16 | Subst 14.5.2004. Am 2008 (571), Sch 3.104 [3] [4]. |
Cl 17 | Subst 14.5.2004. Am 2008 (571), Sch 3.104 [5]. |
Cll 17A–17C | Ins 14.5.2004. |
Cll 18, 19 | Am 14.6.2002. |
Cl 22 | Subst 27.2.2004. Am 2006 (626), Sch 1 [1] [2]. |
Cl 23 | Am 14.6.2002. |
Cl 24 | Am 14.6.2002; 14.5.2004; 2006 (672), Sch 1 [1]. |
Cl 25 | Am 14.6.2002. |
Cl 27 | Subst 14.6.2002. Rep 14.5.2004. |
Cl 28 | Subst 14.6.2002. |
Cl 28A | Ins 1.12.2000. Am 14.5.2004; 2007 (641), Sch 5.23 [1] [2]; 2008 (571), Sch 3.104 [6]. |
Cl 28B | Ins 14.6.2002. |
Cl 28C | Ins 2019 (659), Sch 1.17. Am 2023 (524), Sch 1.1[1]. |
Cll 28D, 28E | Ins 2019 (659), Sch 2.17. |
Cl 28F | Ins 2020 (724), Sch 3. |
Cl 28G | Ins 2022 (629), Sch 2[4]. |
Cl 29 | Am 2021 (716), Sch 1.13[2]. |
Cl 30, table | Am 14.6.2002; 8.11.2002; 14.5.2004; 2006 (672), Sch 1 [2]; 2021 (716), Sch 1.13[3]. |
Cl 31, table | Am 14.6.2002; 8.11.2002; 14.5.2004; 2006 (672), Sch 1 [3]; 2021 (716), Sch 1.13[3]. |
Cl 32, table | Am 14.6.2002; 8.11.2002; 14.5.2004; 2006 (672), Sch 1 [4]; 2021 (716), Sch 1.13[3]. |
Cl 33, table | Am 14.6.2002; 14.5.2004; 2021 (716), Sch 1.13[3]. |
Cl 34, table | Am 2021 (716), Sch 1.13[3]. |
Cl 35, table | Am 14.6.2002; 8.11.2002; 14.5.2004; 2006 (672), Sch 1 [5]; 2021 (716), Sch 1.13[3]. |
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. |
Cl 37 | Am 14.6.2002; 2006 (672), Sch 1 [10]. |
Cl 38 | Am 14.5.2004. |
Cl 39 | Am 14.6.2002. |
Cl 40 | Am 2008 (571), Sch 3.104 [8] [9]. |
Cl 41 | Am 14.6.2002. |
Cl 42 | Rep 14.6.2002. Ins 17.1.2003. |
Cl 42A | Ins 17.1.2003. Am 2008 (571), Sch 3.104 [10]. |
Cl 43 | Rep 2006 (672), Sch 1 [11]. |
Cll 45, 46 | Am 14.6.2002. |
Cl 47 | Rep 14.6.2002. |
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]. |
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]. |
Cl 50, table | Am 14.6.2002; 8.11.2002; 14.5.2004; 2021 (716), Sch 1.13[3]. |
Cl 51 | Subst 14.6.2002. Am 14.5.2004; 2006 (672), Sch 1 [17]. |
Cl 53 | Am 14.6.2002. |
Cl 54 | Rep 14.6.2002. |
Cl 57 | Am 14.6.2002. |
Cl 58, table | Am 14.6.2002; 8.11.2002; 14.5.2004; 2006 (672), Sch 1 [18]; 2021 (716), Sch 1.13[3]. |
Cl 59, table | Am 14.6.2002; 14.5.2004; 2006 (672), Sch 1 [19]; 2021 (716), Sch 1.13[3]. |
Cl 60, table | Am 14.6.2002; 8.11.2002; 14.5.2004; 2006 (672), Sch 1 [20]; 2021 (716), Sch 1.13[3]. |
Cl 62 | Rep 14.6.2002. |
Cl 62A | Ins 9.3.2001. |
Cl 63, table | Am 14.6.2002; 8.11.2002; 2006 (672), Sch 1 [21]–[23]; 2021 (716), Sch 1.13[3]. |
Cl 65, table | Am 2021 (716), Sch 1.13[3]. |
Cl 66, table | Am 14.6.2002; 8.11.2002; 2021 (716), Sch 1.13[3]. |
Cll 67, 68, tables | Am 14.6.2002; 8.11.2002; 14.5.2004; 2021 (716), Sch 1.13[3]. |
Cl 69A | Ins 22.11.2002. |
Cl 70 | Am 14.6.2002. |
Cl 72 | Am 2008 (571), Sch 3.104 [11]–[14]. |
Cl 74 | Subst 16.2.2001. Am 2006 (411), Sch 1 [1]. |
Cl 74A | Ins 16.2.2001. |
Cll 75, 76 | Rep 14.6.2002. |
Cl 77, table | Am 2021 (716), Sch 1.13[3]. |
Cl 78, table | Am 8.11.2002; 2021 (716), Sch 1.13[3]. |
Cl 79, table | Am 2021 (716), Sch 1.13[3]. |
Sch 1 | Subst 8.6.2001. Am 14.5.2004; 2006 (672), Sch 1 [24]; 2006 No 120, Sch 2.50. |
Sch 2 | Subst 8.6.2001. |
Sch 3 | Am 14.6.2002. |
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. |
Sch 5 | Am 14.5.2004; 2021 (716), Sch 1.13[4]. |
Sch 6, heading | 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. |
Sch 6A, heading | Ins 16.2.2001. |
Sch 7 | Am 1.12.2000; 16.2.2001; 9.3.2001; 8.6.2001. Subst 14.6.2002. Am 8.11.2002; 14.5.2004; 11.3.2005; 2005 (402), cl 4; 2006 (411), Sch 1 [8]; 2006 (476), cl 4; 2006 (672), Sch 1 [25]–[30]; 2006 (722), cl 4; 2007 (98), cl 4; 2009 (550), cl 4. |
Sch 8 | Ins 1.12.2000. |
0
0
0