Lismore Local Environmental Plan 2012 (Amendment No 34) (2019-446) LW 6 September 2019 (NSW)

New South Wales

Lismore Local Environmental Plan 2012

(Amendment No 34)

under the

Environmental Planning and Assessment Act 1979

The following local environmental plan is made by the local plan-making authority under the

Environmental Planning and Assessment Act 1979.

SHELLEY OLDHAM, GENERAL MANAGER

LISMORE CITY COUNCIL

As delegate for the local plan-making authority

Lismore Local Environmental Plan 2012 (Amendment No 34) [NSW]

Lismore Local Environmental Plan 2012 (Amendment No 34)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Lismore Local Environmental Plan 2012 (Amendment No 34).

2      Commencement

This Plan commences on the day on which it is published on the NSW legislation website.

3      Land to which Plan applies

This Plan applies to land in Zone RU1 Primary Production under Lismore Local

Environmental Plan 2012.

Lismore Local Environmental Plan 2012 (Amendment No 34) [NSW] Schedule 1 Amendment of Lismore Local Environmental Plan 2012

Schedule 1

Amendment of Lismore Local Environmental

Plan 2012

[1]      Land Use Table

Omit “Bed and breakfast accommodation;” and “Farm stay accommodation;” from item 3 of the matter relating to Zone RU1 Primary Production.

[2]      Land Use Table, Zone RU1 Primary Production, item 3

Insert “Tourist and visitor accommodation;” in appropriate order.

[3]      Land Use Table, Zone RU1 Primary Production, item 4

Omit “Any development not specified in item 2 or 3”.

Insert instead “Backpackers’ accommodation; Hotel or motel accommodation; Serviced apartments; Any other development not specified in item 2 or 3”.

[4]      Clause 6.11

Insert after clause 6.10—

6.11 Rural and nature-based tourism development

(1)

The objective of this clause is to ensure that tourism development in rural and natural areas is small scale and does not adversely impact on the agricultural production, scenic or environmental values of the land.

(2)

This clause applies to land in Zone RU1 Primary Production.

(3)

Development consent must not be granted to tourism development on land to

which this clause applies unless the consent authority is satisfied that—

(a)	there is, or will be, adequate vehicular access to and from a road, other than a classified road, taking into account the scale of the development proposed, and
(b)	the development is small scale and low impact, and
(c)	the development is complementary to the rural or environmental attributes of the land and its surrounds, and
(d)	the development will not have a significant adverse impact on agricultural production, amenity or the natural environment.

(4)

Development consent must not be granted to development for the purposes of

tourism development on land to which this clause applies unless—

(a)	a lawfully erected dwelling house or dual occupancy is situated on the land, or
(b)	a dwelling house may be erected on the land under this Plan.

(5)

Development consent must not be granted to development under subclause (4)

if the development—

(a)	includes an ancillary caretaker’s or manager’s residence, or
(b)	is for the purpose of more than 1 bed and breakfast accommodation.

(6)

In this clause—

small scale means a scale that is small enough to be generally managed and

operated by the principal owner living on the property.

tourism development includes, but is not necessarily limited to, development

for any of the following purposes—

Lismore Local Environmental Plan 2012 (Amendment No 34) [NSW] Schedule 1 Amendment of Lismore Local Environmental Plan 2012

(a)	bed and breakfast accommodation,
(b)	camping grounds,
(c)	caravan parks,
(d)	cellar door premises,
(e)	eco-tourist facilities,
(f)	farm stay accommodation,
(g)	home industries that provide services, or the sale of goods, on site to visitors,
(h)	information and education facilities,

(i)      kiosks,

(j)	restaurants or cafes,
(k)	rural industries that provide services, or the sale of goods, on site to visitors.