Lismore Local Environmental Plan 2012 (Amendment No 39) (2020-771) LW 18 December 2020 (NSW)

New South Wales

Lismore Local Environmental Plan 2012

(Amendment No 39)

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.

JEREMY GRAY

As delegate for the Minister for Planning and Public Spaces

Lismore Local Environmental Plan 2012 (Amendment No 39) [NSW]

Lismore Local Environmental Plan 2012 (Amendment No 39)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Lismore Local Environmental Plan 2012 (Amendment No 39).

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 the land to which Lismore Local Environmental Plan 2012 applies.

4      Maps

The maps adopted by Lismore Local Environmental Plan 2012 are amended or replaced, as the case requires, by the maps approved by the local plan-making authority on the making of this Plan.

Lismore Local Environmental Plan 2012 (Amendment No 39) [NSW] Schedule 1 Amendment of Lismore Local Environmental Plan 2012

Schedule 1

Amendment of Lismore Local Environmental

Plan 2012

[1]      Land Use Table

Insert at the end of item 1 of Zone R2 Low Density Residential—

• To ensure that tourist and visitor accommodation is of a scale and intensity that is appropriate and compatible with the character of the area.

[2]      Land Use Table, Zone R2 Low Density Residential

Omit “Bed and breakfast accommodation;” from item 3.

[3]      Land Use Table, Zone R2, item 3

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

[4]      Land Use Table, Zone R2, item 4

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

Insert instead “Farm stay accommodation; Any other development not specified in item 2 or 3”.

[5]      Land Use Table

Insert “Artisan food and drink industries;” in appropriate order in item 3 of the matter relating to Zones B1, B2, B3 and B4.

[6]      Clause 4.2B Erection of dual occupancies and dwelling houses on land in certain rural and environment protection zones

Insert “or 4.2E(3)(a)(i)” after “clause 4.2(3)” in clause 4.2B(3)(b).

[7]      Clause 4.2B(3A)

Insert after clause 4.2B(3)—

(3A)

Development consent must not be granted for the erection of a dual occupancy on a lot resulting from the subdivision of land to which this clause applies by a strata plan scheme or by a subdivision that requires development consent under the Community Land Development Act 1989 unless—

(a)	there is a lawfully erected dual occupancy on the land, and
(b)	the dual occupancy to be erected is intended only to replace the existing dual occupancy.

[8]      Clause 6.8 Rural landsharing community development

Insert after clause 6.8(4)—

(4A) Development consent must not be granted under subclause (3) for

development on a lot unless the lot—

(a)	is a lot that is at least the minimum lot size shown on the Lot Size Map in relation to that land, or
(b)	is a lot created under this Plan, other than under clause 4.2(3) or 4.2E(3)(a)(i), or
(c)	is a lot created under an environmental planning instrument before this Plan commenced and on which the erection of a dual occupancy or

Lismore Local Environmental Plan 2012 (Amendment No 39) [NSW] Schedule 1 Amendment of Lismore Local Environmental Plan 2012

dwelling house was permissible immediately before that

commencement, or

(d)

is a lot resulting from a subdivision for which development consent, or equivalent, was granted before this Plan commenced and on which the erection of a dual occupancy or dwelling house would have been permissible if the plan of subdivision had been registered before that commencement, or

(e)

would have been a lot referred to in paragraph (a), (b), (c) or (d) had it not been affected by—

(i)	a realignment of its boundaries that did not create an additional lot, or
(ii)	a subdivision creating or widening a public road or public reserve or for another public purpose, or

(iii) a consolidation with an adjoining public road or public reserve or for another public purpose.

[9]      Schedule 2 Exempt development

Insert in appropriate order—

Roadside stalls

(1)

This clause applies to the use of land for a roadside stall for the sale of only

agricultural produce.

(2)

The roadside stall—

(a)	must be located on land within Zone RU1 Primary Production, and
(b)	must be located wholly on private property, and
(c)	must not be located on land that is adjacent to Bruxner Highway or Bangalow Road, and
(d)	must not have a footprint greater than 4m2.

(3)

No more than 1 roadside stall may be used on a landholding.

[10]      Schedule 5 Environmental heritage

Insert “Lot 4720, DP 1226324” in the column headed “Property Description” in item I27 in Part 1.

[11]      Schedule 5, Part 3, item A2

Omit the matter relating the item. Insert instead—

Eltham	Railway bridge	Wilsons River	Lot 190, DP	Local	A2
(adjacent to	915276; Lot 4720
Eltham Road)	DP 1226324