Lismore Local Environmental Plan 2012 (NSW)
This Plan is Lismore Local Environmental Plan 2012.
This Plan commences on the day on which it is published on the NSW legislation website.
This Plan aims to make local environmental planning provisions for land in Lismore in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to give effect to the desired outcomes, strategic principles, policies and actions contained in the Council’s adopted strategic planning documents,
(b) to stimulate and strengthen the role of Lismore as a regional centre for agriculture, business, education, health, recreation, tourism and the arts,
(c) to encourage a diverse range of housing, and the equitable and appropriate provision of services,
(d) to conserve the heritage of Lismore through the integration of heritage conservation into the planning and development control process,
(e) to protect, sustain and enhance Lismore’s natural environment, particularly native fauna and flora,
(f) to minimise the adverse effects of natural hazards, particularly flooding, bush fire and land instability,
(g) to ensure that development is consistent with the principles of ecologically sustainable development.
This Plan applies to the land identified on the Land Application Map.
Despite subclause (1), this Plan does not apply to the land identified as “Deferred matter” on the Land Application Map.
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
Notes in this Plan are provided for guidance and do not form part of this Plan.
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(Repealed)
Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
While Lismore Local Environmental Plan 2000 no longer applies to the land to which this Plan applies, it will continue to apply to the land identified as “Deferred matter” under clause 1.3(1A).
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
A development application made, but not finally determined, before the commencement of Lismore Local Environmental Plan 2012 (Amendment No 55) must be determined as if that plan had not commenced.
This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
This clause does not affect the rights or interests of any public authority under any registered instrument.
Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
The land use zones under this Plan are as follows—
• Rural Zones RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
RU5 Village
• Residential Zones R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
• Employment Zones E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
• Mixed Use Zones MU1 Mixed Use
• Special Purpose Zones SP2 Infrastructure
• Recreation Zones RE1 Public Recreation
RE2 Private Recreation
• Conservation Zones C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
• Waterway Zones W1 Natural Waterways
W2 Recreational Waterways
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
This clause is subject to the other provisions of this Plan.
Schedule 1 sets out additional permitted uses for particular land.
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
Clause 2.6 requires consent for subdivision of land.
Part 5 contains other provisions which require consent for particular development.
Development may be carried out on unzoned land only with development consent.
In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
Land to which this Plan applies may be subdivided, but only with development consent.
If a subdivision is specified as
Part 6 of State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is
Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
The definition of
The demolition of a building or work may be carried out only with development consent.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
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 30 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).
Canal estate development is prohibited on land to which this Plan applies.
In this Plan,
(a) a constructed canal, or other waterway or waterbody, that—
(i) is inundated by surface water or groundwater movement, or
(ii) drains to a waterway or waterbody by surface water or groundwater movement, and
(b) the erection of a dwelling, and
(c) one or both of the following—
(i) the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,
(ii) excavation to create a waterway.
Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—
(a) carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and
(b) limited to the minimum reasonable size and capacity.
In this clause—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
• State Environmental Planning Policy (Housing) 2021
• State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
• State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
• State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
• State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
• State Environmental Planning Policy (Primary Production) 2021, Chapter 2
• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
• To encourage diversity in primary industry enterprises and systems appropriate for the area.
• To minimise the fragmentation and alienation of resource lands.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To preserve rural resources by ensuring that the viability of rural land is not extinguished by inappropriate development or incompatible uses.
• 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.
Environmental protection works; Extensive agriculture; Forestry; Home occupations; Home occupations (sex services); Intensive plant agriculture
Agritourism; Airstrips; Animal boarding or training establishments; Aquaculture; Artisan food and drink industries; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Community facilities; Creative industries; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Garden centres; Helipads; Home-based child care; Home businesses; Home industries; Information and education facilities; Intensive livestock agriculture; Jetties; Kiosks; Landscaping material supplies; Mooring pens; Open cut mining; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Tourist and visitor accommodation; Turf farming; Water recreation structures
Backpackers’ accommodation; Hotel or motel accommodation; Local distribution premises; Serviced apartments; Any other development not specified in item 2 or 3
• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
• To maintain the rural landscape character of the land.
• To provide for a range of compatible land uses, including extensive agriculture.
• To enable a range of other uses that are compatible with the flood hazard associated with the land.
• To provide for a limited range of development that does not have an adverse effect on the ecological values of the land.
Environmental protection works; Extensive agriculture; Forestry; Home occupations; Home occupations (sex services); Intensive plant agriculture
Agritourism; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Cellar door premises; Cemeteries; Community facilities; Dwelling houses; Eco-tourist facilities; Environmental facilities; Farm buildings; Farm stay accommodation; Flood mitigation works; Garden centres; Helipads; Home-based child care; Home businesses; Information and education facilities; Intensive livestock agriculture; Jetties; Kiosks; Landscaping material supplies; Light industries; Mooring pens; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Restaurants or cafes; Roads; Roadside stalls; Rural industries; Turf farming; Vehicle repair stations; Water recreation structures
Any development not specified in item 2 or 3
• To enable development for forestry purposes.
• To enable other development that is compatible with forestry land uses.
Environmental facilities; Environmental protection works; Extensive agriculture; Uses authorised under the Forestry Act 2012 or under Part 5B (Private native forestry) of the Local Land Services Act 2013
Aquaculture Boat launching ramps; Farm buildings; Flood mitigation works; Jetties; Recreation areas; Roads; Water recreation structures
Any development not specified in item 2 or 3
• To provide for a range of land uses, services and facilities that are associated with a rural village.
• To encourage development that is of a design and scale that will enhance and preserve village character.
• To ensure that adequate provision is made for water supply, effluent disposal and refuse disposal.
Environmental protection works; Extensive agriculture; Home occupations
Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Centre-based child care facilities; Commercial premises; Community facilities; Dwelling houses; Electricity generating works; Entertainment facilities; Environmental facilities; Exhibition homes; Farm buildings; Flood mitigation works; Home-based child care; Home businesses; Horticulture; Information and education facilities; Jetties; Light industries; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Roads; Schools; Service stations; Sewerage systems; Signage; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Waste or resource management facilities; Water recreation structures; Water supply systems; Wholesale supplies
Dairies (pasture-based); Farm stay accommodation; Local distribution premises; Rural workers’ dwellings; Serviced apartments; Specialised retail premises; Timber yards; Any other development not specified in item 2 or 3
• To provide for the housing needs of the community.
• To provide for a variety of housing types and densities.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To ensure that new development is compatible with the character, and preserves the amenity, of each residential area.
Environmental protection works; Home occupations
Attached dwellings; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dwelling houses; Group homes; Home industries; Hostels; Kiosks; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Residential flat buildings; Respite day care centres; Restaurants or cafes; Semi-detached dwellings; Seniors housing; Shop top housing; Roads; Tank-based aquaculture; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Car parks; Cemeteries; Charter boating and tourism facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Entertainment facilities; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Passenger transport facilities; Public administration buildings; Recreation facilities (major); Registered clubs; Research stations; Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sewage treatment plants; Sex services premises; Signage; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recycling facilities; Water storage facilities; Water treatment facilities; Wholesale supplies
• To provide for the housing needs of the community within a low density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To limit the density of residential development to ensure that development is compatible with the flood hazard associated with the land.
• To ensure that tourist and visitor accommodation is of a scale and intensity that is appropriate and compatible with the character of the area.
Environmental protection works; Home occupations
Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dwelling houses; Electricity generating works; Emergency services facilities; Environmental facilities; Flood mitigation works; Group homes; Health consulting rooms; Home-based child care; Home businesses; Home industries; Information and education facilities; Kiosks; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Tank-based aquaculture; Tourist and visitor accommodation; Water recreation structures
Farm stay accommodation; Local distribution premises; Any other development not specified in item 2 or 3
• To provide for the housing needs of the community within a medium density residential environment.
• To provide a variety of housing types within a medium density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
Environmental protection works; Home occupations
Attached dwellings; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dwelling houses; Group homes; Home industries; Hostels; Kiosks; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Residential flat buildings; Respite day care centres; Restaurants or cafes; Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat sheds; Car parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Entertainment facilities; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Passenger transport facilities; Public administration buildings; Recreation facilities (major); Registered clubs; Research stations; Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sewage treatment plants; Sex services premises; Signage; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recycling facilities; Water storage facilities; Water treatment facilities; Wholesale supplies
• To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.
• To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.
• To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To provide rural residential development of a quality and scale that is compatible with the character of the rural area.
Environmental protection works; Extensive agriculture; Home occupations; Horticulture
Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Electricity generating works; Emergency services facilities; Environmental facilities; Farm buildings; Flood mitigation works; Home-based child care; Home businesses; Home industries; Information and education facilities; Jetties; Kiosks; Neighbourhood shops; Oyster aquaculture; Places of public worship; Plant nurseries; Pond-based aquaculture; Recreation areas; Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Roadside stalls; Sewerage systems; Tank-based aquaculture; Water recreation structures
Dairies (pasture-based); Local distribution premises; Any other development not specified in item 2 or 3
• To provide a range of retail, business and community uses that serve the needs of people who live in, work in or visit the area.
• To encourage investment in local commercial development that generates employment opportunities and economic growth.
• To enable residential development that contributes to a vibrant and active local centre and is consistent with the Council’s strategic planning for residential development in the area.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
• To ensure that development is of an appropriate scale and is compatible with the character of the surrounding neighbourhood.
• To provide for development that does not detract from the role of Zone E2 Commercial Centre as the primary centre of business, retail, community and cultural activity.
Environmental protection works; Home occupations; Home occupations (sex services)
Amusement centres; Artisan food and drink industries; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Creative industries; Entertainment facilities; Function centres; Home industries; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation facilities (indoor); Respite day care centres; Service stations; Shop top housing; Tank-based aquaculture; Veterinary hospitals; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Industrial retail outlets; Industrial training facilities; Industries; Marinas; Mooring pens; Moorings; Mortuaries; Port facilities; Recreation facilities (major); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Sewage treatment plants; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Water recycling facilities; Water storage facilities; Water treatment facilities; Wholesale supplies
• To strengthen the role of the commercial centre as the centre of business, retail, community and cultural activity.
• To encourage investment in commercial development that generates employment opportunities and economic growth.
• To encourage development that has a high level of accessibility and amenity, particularly for pedestrians.
• To enable residential development only if it is consistent with the Council’s strategic planning for residential development in the area.
• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
Environmental protection works; Home occupations; Home occupations (sex services)
Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Centre-based child care facilities; Commercial premises; Community facilities; Creative industries; Entertainment facilities; Function centres; Home industries; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Mortuaries; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Vehicle repair stations; Veterinary hospitals; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat sheds; Camping grounds; Caravan parks; Cemeteries, Correctional centres; Crematoria; Depots; Eco-tourist facilities; Exhibition homes; Exhibition villages; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Industrial retail outlets; Industrial training facilities; Industries; Mooring pens; Moorings; Port facilities; Recreation facilities (major); Residential accommodation; Resource recovery facilities; Rural industries; Sewage treatment plants; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Water recycling facilities; Water storage facilities; Water treatment facilities
• To provide a range of facilities and services, light industries, warehouses and offices.
• To provide for land uses that are compatible with, but do not compete with, land uses in surrounding local and commercial centres.
• To maintain the economic viability of local and commercial centres by limiting certain retail and commercial activity.
• To provide for land uses that meet the needs of the community, businesses and industries but that are not suited to locations in other employment zones.
• To provide opportunities for new and emerging light industries.
• To enable other land uses that provide facilities and services to meet the day to day needs of workers, to sell goods of a large size, weight or quantity or to sell goods manufactured on-site.
• To provide for residential uses, but only as part of mixed use development.
Environmental protection works; Home occupations; Home occupations (sex services)
Animal boarding or training establishments; Boat building and repair facilities; Business premises; Centre-based child care facilities; Community facilities; Depots; Function centres; Garden centres; Hardware and building supplies; Home industries; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Kiosks; Landscaping material supplies; Light industries; Local distribution premises; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Rural supplies; Service stations; Shop top housing; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Wholesale supplies; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Biosolids treatment facilities; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Eco-tourist facilities; Entertainment facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Industries; Marinas; Mooring pens; Moorings; Port facilities; Registered clubs; Residential accommodation; Resource recovery facilities; Restricted premises; Retail premises; Rural industries; Sewage treatment plants; Sex services premises; Tourist and visitor accommodation; Transport depots; Truck depots; Waste disposal facilities; Water recycling facilities; Water storage facilities; Water treatment facilities
• To provide a range of industrial, warehouse, logistics and related land uses.
• To ensure the efficient and viable use of land for industrial uses.
• To minimise any adverse effect of industry on other land uses.
• To encourage employment opportunities.
• To enable limited non-industrial land uses that provide facilities and services to meet the needs of businesses and workers.
• To ensure that development does not adversely affect the flooding characteristics of the area or increase the hazard of flooding on adjoining land.
Environmental protection works; Home occupations; Home occupations (sex services)
Depots; Freight transport facilities; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Industrial retail outlets; Industrial training facilities; Kiosks; Landscaping material supplies; Light industries; Liquid fuel depots; Local distribution premises; Neighbourhood shops; Oyster aquaculture; Plant nurseries; Rural supplies; Specialised retail premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4
Agriculture; Airports; Airstrips; Amusement centres; Animal boarding or training establishments; Boat launching ramps; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Community facilities; Correctional centres; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Function centres; Health services facilities; Highway service centres; Information and education facilities; Jetties; Marinas; Mooring pens; Moorings; Passenger transport facilities; Port facilities; Public administration buildings; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Tourist and visitor accommodation; Water recreation structures
• To encourage a diversity of business, retail, office and light industrial land uses that generate employment opportunities.
• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
• To encourage a range of housing within a vibrant mixed use environment that is accessible to community facilities, commercial services and transport.
Environmental protection works; Home occupations; Home occupations (sex services)
Amusement centres; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Information and education facilities; Light industries; Local distribution premises; Medical centres; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Crematoria; Depots; Eco-tourist facilities; Exhibition villages; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Industrial retail outlets; Industrial training facilities; Industries; Marinas; Mooring pens; Moorings; Mortuaries; Port facilities; Recreation facilities (major); Resource recovery facilities; Rural industries; Rural workers’ dwellings; Service stations; Sewage treatment plants; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Water recycling facilities; Water storage facilities; Water treatment facilities; Wholesale supplies
• To provide for infrastructure and related uses.
• To prevent development that is not compatible with or that may detract from the provision of infrastructure.
Environmental protection works
Aquaculture; Car parks; Environmental facilities; Flood mitigation works; Helipads; Passenger transport facilities; Roads; Signage; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
Any development not specified in item 2 or 3
• To enable land to be used for public open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
• To ensure the community has adequate access to open space to meet the needs of all residents and improve amenity and quality of life.
Environmental facilities; Environmental protection works
Aquaculture; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Entertainment facilities; Extensive agriculture; Flood mitigation works; Function centres; Information and education facilities; Jetties; Kiosks; Markets; Passenger transport facilities; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Signage; Water recreation structures
Dairies (pasture-based); Any other development not specified in item 2 or 3
• To enable land to be used for private open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
• To provide a range of recreational, educational and tourist activities on land in private ownership.
Environmental protection works
Aquaculture; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Educational establishments; Environmental facilities; Extensive agriculture; Flood mitigation works; Food and drink premises; Helipads; Information and education facilities; Jetties; Kiosks; Markets; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Signage; Water recreation structures
Dairies (pasture-based); Any other development not specified in item 2 or 3
• To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.
• To enable uses authorised under the National Parks and Wildlife Act 1974.
• To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.
Uses authorised under the National Parks and Wildlife Act 1974
Nil
Any development not specified in item 2 or 3
• To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
• To prevent development that could destroy, damage or otherwise have an adverse effect on those values.
• To retain areas of unique natural vegetation, particularly rainforest remnants and ecologically endangered communities.
Environmental protection works
Boat launching ramps; Building identification signs; Business identification signs; Environmental facilities; Extensive agriculture; Flood mitigation works; Jetties; Oyster aquaculture Research stations; Roads; Water recreation structures
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.
• To provide for a limited range of development that does not have an adverse effect on those values.
• To encourage the retention of wildlife habitats and associated vegetation and wildlife corridors.
Environmental protection works; Extensive agriculture; Home occupations
Bed and breakfast accommodation; Boat launching ramps; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Cellar door premises; Community facilities; Dairies (pasture-based); Dwelling houses; Eco-tourist facilities; Emergency services facilities; Environmental facilities; Farm buildings; Farm stay accommodation; Flood mitigation works; Home-based child care; Home businesses; Home industries; Information and education facilities; Jetties; Kiosks; Neighbourhood shops; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Research stations; Roads; Roadside stalls; Tank-based aquaculture; Water recreation structures
Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect the ecological and scenic values of natural waterways.
• To prevent development that would have an adverse effect on the natural values of waterways in this zone.
• To provide for sustainable fishing industries and recreational fishing.
Environmental protection works
Aquaculture Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Emergency services facilities; Environmental facilities; Flood mitigation works; Information and education facilities; Jetties; Mooring pens; Moorings; Recreation areas; Research stations; Roads; Water recreation structures; Water supply systems
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect the ecological, scenic and recreation values of recreational waterways.
• To allow for water-based recreation and related uses.
• To provide for sustainable fishing industries and recreational fishing.
• To provide for activities that are compatible with, and complement, the scenic and ecological qualities of the waterway.
Environmental protection works; Moorings
Aquaculture; Boat building and repair facilities; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Car parks; Charter and tourism boating facilities; Community facilities; Emergency services facilities; Environmental facilities; Flood mitigation works; Information and education facilities; Jetties; Kiosks; Marinas; Markets; Mooring pens; Recreation areas; Recreation facilities (outdoor); Registered clubs; Restaurants or cafes; Roads; Water recreation structures; Water supply systems
Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Seniors housing; Warehouse or distribution centres; Any other development not specified in item 2 or 3
The objective of this clause is to identify development of minimal environmental impact as exempt development.
Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
To be exempt development, the development—
(a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and
(b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c) must not be designated development, and
(d) must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—
(a) the building has a current fire safety certificate or fire safety statement, or
(b) no fire safety measures are currently implemented, required or proposed for the building.
To be exempt development, the development must—
(a) be installed in accordance with the manufacturer’s specifications, if applicable, and
(b) not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.
See State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 and the Local Land Services Act 2013, Part 5A.
A heading to an item in Schedule 2 is part of that Schedule.
The objective of this clause is to identify development as complying development.
Development specified in Part 1 of Schedule 3 that is carried out in compliance with—
(a) the development standards specified in relation to that development, and
(b) the requirements of this Part,
is complying development.
See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances.
To be complying development, the development must—
(a) be permissible, with development consent, in the zone in which it is carried out, and
(b) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c) have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.
A heading to an item in Schedule 3 is part of that Schedule.
Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
For the purposes of this clause—
(a) the coastal waters of the State,
(b) a coastal lake,
(c) land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(d) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e) land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f) land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g) land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h) land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(i) land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j) land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.
The objectives of this clause are as follows—
(a) to provide a minimum lot size for the subdivision of land,
(b) to ensure that lot sizes have a practical and efficient layout to meet the intended use of each lot.
This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
This clause does not apply in relation to the subdivision of any land—
(a) by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or
(b) by any kind of subdivision under the Community Land Development Act 2021.
The objectives of this clause are as follows—
(a) to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.
This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 2021 of land in any of the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone C3 Environmental Management,
but does not apply to a subdivision by the registration of a strata plan.
The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 2021) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
This clause applies despite clause 4.1.
The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.
This clause applies to the following rural zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(baa) Zone RU3 Forestry,
(c) Zone RU4 Primary Production Small Lots,
(d) Zone RU6 Transition.
When this Plan was made it did not include Zone RU4 Primary Production Small Lots or Zone RU6 Transition.
Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.
However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.
A dwelling cannot be erected on such a lot.
A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).
The objective of this clause is to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.
This clause applies to land in any of the following zones that is used, or is proposed to be used, for residential accommodation—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone C3 Environmental Management.
The size of any lot resulting from a subdivision of land to which this clause applies for a strata plan scheme (other than any lot comprising common property within the meaning of the Strata Schemes (Freehold Development) Act 1973 or Strata Schemes (Leasehold Development) Act 1986) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that strata subdivision of a building in certain circumstances is specified complying development.
The objectives of this clause are as follows—
(a) to minimise unplanned rural residential development,
(b) to enable the replacement of lawfully erected dual occupancies and dwelling houses in certain rural and conservation zones.
This clause applies to land in the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone C3 Environmental Management.
Development consent must not be granted for the erection of a dual occupancy or a dwelling house on land to which this clause applies, and on which no dual occupancy or dwelling house has been erected, unless the land—
(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 a lot resulting from a subdivision under—
(i) clause 4.2(3), or
(ii) clause 4.2D(3), if the erection of a dual occupancy or dwelling house was not permissible immediately before the subdivision, or
(iii) clause 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 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.
A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.
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.
Development consent may be granted for the erection of a dual occupancy or dwelling house on land to which this clause applies if there is a lawfully erected dual occupancy or dwelling house on the land and the dual occupancy or dwelling house to be erected is intended only to replace the existing dual occupancy or dwelling house.
The objectives of this clause are as follows—
(a) to provide alternative accommodation for rural families and workers,
(b) to protect the primary production potential of the land,
(c) to ensure development is of a scale and nature that is compatible with the rural character and environmental capabilities of the land.
Development consent must not be granted to development for the purpose of a dual occupancy (detached) on land in Zone RU1 Primary Production unless the consent authority is satisfied that—
(a) the development will not impair the use of the land or adjoining land for agriculture or rural industries, and
(b), (c) (Repealed)
(d) the land is physically suitable for the development, and
(e) the land is capable of accommodating the on-site disposal and management of sewage for the development, and
(f) the development will not have an adverse impact on the scenic amenity or character of the rural environment.
The objective of this clause is to facilitate boundary adjustments between lots where one or more resultant lots do not meet the minimum lot size shown on the Lot Size Map in relation to that land but the objectives of the relevant zone can be achieved.
This clause applies to land in the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone R5 Large Lot Residential,
(d) Zone C2 Environmental Conservation,
(e) Zone C3 Environmental Management.
Despite clause 4.1, development consent may be granted to subdivide land by way of a boundary adjustment between adjoining lots where one or more resultant lots do not meet the minimum lot size shown on the Lot Size Map in relation to that land if the consent authority is satisfied that—
(a) the subdivision will not create additional lots or the opportunity for additional dwellings, and
(b) the number of dwellings or opportunities for dwellings on each lot after the subdivision will be the same as before the subdivision, and
(c) the potential for land use conflict will not be increased as a result of the subdivision, and
(d) the subdivision will not result in any increased bush fire risk to existing buildings, and
(e) if the land is in Zone RU1 Primary Production or Zone RU2 Rural Landscape, the agricultural viability of the land will not be adversely affected as a result of the subdivision.
Before granting consent to development to which this clause applies, the consent authority must be satisfied that the subdivision will not compromise the continued protection and long-term maintenance of any land in Zone C2 Environmental Conservation or Zone C3 Environmental Management.
The objectives of this clause are as follows—
(a) to provide for the subdivision of lots that are within more than one zone but cannot be subdivided under clause 4.1,
(b) to ensure that the subdivision occurs in a manner that promotes suitable land uses and development.
This clause applies to each lot (an
(a) land in a residential, employment, mixed use or recreation zone, or Zone RU5 Village or Zone SP2 Infrastructure, and
(b) land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone C2 Environmental Conservation or Zone C3 Environmental Management.
Despite clause 4.1, development consent may be granted to subdivide an original lot to create other lots (the
(a) one of the resulting lots will contain either—
(i) only the land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone C2 Environmental Conservation or Zone C3 Environmental Management that was in the original lot, or
(ii) land in a residential, employment, mixed use or recreation zone, or Zone RU5 Village or Zone SP2 Infrastructure, that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land as well as all of the land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone C2 Environmental Conservation or Zone C3 Environmental Management that was in the original lot, and
(b) all other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.
A dwelling cannot be erected on a lot created under subclause (3)(a)(i).
The objectives of this clause are as follows—
(a) to establish a maximum height for buildings,
(b) to provide for taller buildings in the city centre and to enable a transition in building height in response to varying urban character and function,
(c) to protect the amenity of neighbouring properties and public places, with particular regard to visual bulk, scale, overshadowing, privacy and views.
The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
The objectives of this clause are as follows—
(a) to establish the maximum site density for new development,
(b) to ensure that the scale and bulk of development does not have an unacceptable or adverse impact on streetscape and the character of the area in which the development is located.
The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
The objectives of this clause are as follows—
(a) to define
floor space ratio ,(b) to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—
(i) prevent the inclusion in the site area of an area that has no significant development being carried out on it, and
(ii) prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and
(iii) require community land and public places to be dealt with separately.
The
In determining the site area of proposed development for the purpose of applying a floor space ratio, the
(a) if the proposed development is to be carried out on only one lot, the area of that lot, or
(b) if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.
In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.
The following land must be excluded from the site area—
(a) land on which the proposed development is prohibited, whether under this Plan or any other law,
(b) community land or a public place (except as provided by subclause (7)).
The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.
The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.
For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.
The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.
When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.
If—
(a) a covenant of the kind referred to in subclause (9) applies to any land (
affected land ), and(b) proposed development relates to the affected land and other land that together comprise the site of the proposed development,
the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.
In this clause,
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 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 a development application for development that proposes to contravene a development standard 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 RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living 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,
(c) clause 5.4,
(caa) clause 5.5.
The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act
1991 (
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
Type of land shown on Map | Authority of the State |
Zone RE1 Public Recreation and marked “Local open space” | Council |
Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |
Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |
Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |
Zone RU1 Primary Production and marked “Arterial road” | Council |
Zone RU1 Primary Production and marked “Proposed Dunoon Dam Inundation Area” | Rous County Council |
Zone W1 Natural Waterways and marked “Proposed Dunoon Dam Inundation Area” | Rous County Council |
Zone R1 General Residential and marked “Arterial road” | Council |
Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.
Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads and certain Crown land). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.
The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.
The public land described in Part 1 of Schedule 4—
(a) does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.
The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except—
(a) those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and
(b) any reservations that except land out of the Crown grant relating to the land, and
(c) reservations of minerals (within the meaning of the Crown Land Management Act 2016).
In accordance with section 30(2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.
The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.
This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 50 metres.
This clause does not apply to—
(a) land in Zone RE1 Public Recreation, Zone C1 National Parks and Nature Reserves, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone W1 Natural Waterways, or
(b) land within the coastal zone, or
(c) land proposed to be developed for the purpose of sex services or restricted premises.
Despite the provisions of this Plan relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—
(a) the development is not inconsistent with the objectives for development in both zones, and
(b) the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.
This clause does not prescribe a development standard that may be varied under this Plan.
If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 5 bedrooms.
Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.
If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 50 square metres of floor area.
If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 60 square metres of floor area.
If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed—
(a) 30% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or
(b) 400 square metres,
whichever is the lesser.
If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 12 bedrooms in buildings.
If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 50 square metres.
If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 200 square metres.
If development for the purposes of a neighbourhood supermarket is permitted under this Plan, the gross floor area must not exceed 1,000 square metres.
If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 15 square metres.
If development for the purposes of a secondary dwelling is permitted under this Plan on land other than land in a rural zone, the total floor area of the dwelling, excluding any area used for parking, must not exceed whichever of the following is the greater—
Water treatment facilities are a type of
(a) natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b) artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
(a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c) wharves for commercial fishing operations,
(d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e) sea walls or training walls,
(f) administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
Lismore Local Environmental Plan 2012 (2013-66). LW 22.2.2013. Date of commencement, publication on LW, cl 1.1AA. This Plan has been amended as follows—
No 5 | Liquor Amendment (Small Bars) Act 2013. Assented to 19.3.2013. Date of commencement, 1.7.2013, sec 2 and 2013 (292) LW 21.6.2013. | |
(616) | Lismore Local Environmental Plan 2012 (Amendment No 4). LW 25.10.2013. Date of commencement, on publication on LW, cl 2. | |
(617) | Lismore Local Environmental Plan 2012 (Amendment No 5). LW 25.10.2013. Date of commencement, on publication on LW, cl 2. | |
No 111 | Statute Law (Miscellaneous Provisions) Act (No 2) 2013. Assented to 3.12.2013. Date of commencement of Sch 3.27, 10.1.2014, Sch 3.27. | |
(38) | Lismore Local Environmental Plan 2012 (Amendment No 1). LW 7.2.2014. Date of commencement, on publication on LW, cl 2. | |
(50) | Lismore Local Environmental Plan 2012 (Amendment No 2). LW 14.2.2014. Date of commencement, on publication on LW, cl 2. | |
(74) | Lismore Local Environmental Plan 2012 (Amendment No 3). LW 21.2.2014. Date of commencement, on publication on LW, cl 2. On 5 June 2015 the Land and Environment Court in Ryan v The Minister for Planning declared that “Lismore Local Environmental Plan 2012 (Amendment No 3), published on the New South Wales legislation website on 21 February 2014, is invalid and of no effect”. | |
(171) | Lismore Local Environmental Plan 2012 (Amendment No 6). LW 4.4.2014. Date of commencement, on publication on LW, cl 2. | |
No 33 | Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 2.36, 14.7.2014, Sch 2.36. | |
(513) | Standard Instrument (Local Environmental Plans) Amendment Order 2014. LW 15.8.2014. Date of commencement, on publication on LW, cl 2. | |
(777) | Lismore Local Environmental Plan 2012 (Amendment No 7). LW 5.12.2014. Date of commencement, on publication on LW, cl 2. | |
(805) | Lismore Local Environmental Plan 2012 (Amendment No 8). LW 12.12.2014. Date of commencement, on publication on LW, cl 2. | |
(822) | Lismore Local Environmental Plan 2012 (Amendment No 10). LW 19.12.2014. Date of commencement, on publication on LW, cl 2. | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 3, 15.7.2015, sec 2 (3). | |
(549) | Lismore Local Environmental Plan 2012 (Amendment No 9). LW 11.9.2015. Date of commencement, on publication on LW, cl 2. | |
(705) | Lismore Local Environmental Plan 2012 (Amendment No 11). LW 20.11.2015. Date of commencement, on publication on LW, cl 2. | |
No 58 | Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 2, 8.1.2016, sec 2 (1). | |
(43) | Standard Instrument (Local Environmental Plans) Amendment (Maps) Order 2016. LW 27.1.2016. Date of commencement, 27.1.2016, cl 2. | |
(51) | Lismore Local Environmental Plan 2012 (Amendment No 12). LW 29.1.2016. Date of commencement, on publication on LW, cl 2. | |
(126) | Standard Instrument (Local Environmental Plans) Amendment Order 2016. LW 11.3.2016. Date of commencement, on publication on LW, cl 2. | |
(193) | Lismore Local Environmental Plan 2012 (Amendment No 13). LW 15.4.2016. Date of commencement, on publication on LW, cl 2. | |
(309) | Standard Instrument (Local Environmental Plans) Amendment (Observatory and Defence Facility) Order 2016. LW 10.6.2016. Date of commencement, 56 days after publication on LW, cl 2. | |
(310) | State Environmental Planning Policy (Integration and Repeals) 2016. LW 10.6.2016. Date of commencement, 56 days after 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. | |
(818) | Lismore Local Environmental Plan 2012 (Amendment No 15). LW 23.12.2016. Date of commencement, on publication on LW, cl 2. | |
(819) | Lismore Local Environmental Plan 2012 (Amendment No 17). LW 23.12.2016. Date of commencement, on publication on LW, cl 2. | |
(25) | Lismore Local Environmental Plan 2012 (Amendment No 16). LW 10.2.2017. Date of commencement, on publication on LW, cl 2. | |
(46) | Lismore Local Environmental Plan 2012 (Amendment No 18). LW 24.2.2017. Date of commencement, on publication on LW, cl 2. | |
(89) | Lismore Local Environmental Plan 2012 (Amendment No 19). LW 17.3.2017. Date of commencement, on publication on LW, cl 2. | |
(198) | Lismore Local Environmental Plan 2012 (Amendment No 21). LW 19.5.2017. Date of commencement, on publication on LW, cl 2. | |
(453) | Standard Instrument (Local Environmental Plans) Amendment (Vegetation) Order 2017. LW 25.8.2017. Date of commencement, 25.8.2017, cl 2. | |
(492) | Standard Instrument (Local Environmental Plans) Amendment (Child Care) Order 2017. LW 1.9.2017. Date of commencement, on publication on LW, cl 2. | |
(493) | State Environmental Planning Policy Amendment (Child Care) 2017. LW 1.9.2017. Date of commencement, on publication on LW, cl 2. | |
(568) | Lismore Local Environmental Plan 2012 (Amendment No 23). LW 6.10.2017. Date of commencement, on publication on LW, cl 2. | |
(722) | Lismore Local Environmental Plan 2012 (Amendment No 22). LW 15.12.2017. Date of commencement, on publication on LW, cl 2. | |
(723) | Lismore Local Environmental Plan 2012 (Amendment No 24). LW 15.12.2017. Date of commencement, on publication on LW, cl 2. | |
(745) | Lismore Local Environmental Plan 2012 (Amendment No 25). LW 22.12.2017. Date of commencement, on publication on LW, cl 2. | |
(5) | Lismore Local Environmental Plan 2012 (Amendment No 20). LW 12.1.2018. Date of commencement, on publication on LW, cl 2. | |
(74) | Lismore Local Environmental Plan 2012 (Amendment No 26). LW 2.3.2018. Date of commencement, on publication on LW, cl 2. | |
(80) | Lismore Local Environmental Plan 2012 (Amendment No 27). LW 9.3.2018. Date of commencement, on publication on LW, cl 2. | |
(100) | Lismore Local Environmental Plan 2012 (Amendment No 28). LW 23.3.2018. Date of commencement, on publication on LW, cl 2. | |
(105) | Standard Instrument (Local Environmental Plans) Amendment (Coastal Management) Order 2018. LW 23.3.2018. Date of commencement, 3.4.2018, cl 2. | |
(106) | State Environmental Planning Policy (Coastal Management) 2018. LW 23.3.2018. Date of commencement, 3.4.2018, cl 2. | |
(154) | Standard Instrument (Local Environmental Plans) Amendment (Minimum Subdivision Lot Size) Order 2018. LW 20.4.2018. Date of commencement, on publication on LW, cl 2. | |
No 40 | Forestry Legislation Amendment Act 2018. Assented to 27.6.2018. Date of commencement of Sch 3.12, 9.11.2018, sec 2 and 2018 (620) LW 9.11.2018. | |
(404) | Standard Instrument (Local Environmental Plans) Amendment (Artisan Food and Drink Industries) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(405) | Standard Instrument (Local Environmental Plans) Amendment (Garden Centres) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(406) | State Environmental Planning Policy Amendment (Artisan Food and Drink Industries) 2018. LW 27.7.2018 Date of commencement, on publication on LW, cl 2. | |
(477) | Standard Instrument (Local Environmental Plans) Amendment (Land Use Terms) Order 2018. LW 29.8.2018. Date of commencement, 31.8.2018, cl 2. | |
(488) | State Environmental Planning Policy Amendment (Land Use Terms) 2018. LW 29.8.2018. Date of commencement of Sch 1.1, 31.8.2018, cl 2 (1). | |
No 46 | Children (Education and Care Services) Supplementary Provisions Amendment Act 2018. Assented to 27.9.2018. Date of commencement of Sch 2.3, 31.10.2019, sec 2(1) and 2019 (200) LW 24.5.2019. | |
(660) | Lismore Local Environmental Plan 2012 (Amendment No 29). LW 23.11.2018. Date of commencement, on publication on LW, cl 2. | |
(717) | Standard Instrument (Local Environmental Plans) Amendment (Greater Sydney Commission) Order 2018. LW 7.12.2018. Date of commencement, 10.12.2018, cl 2. | |
(133) | Standard Instrument (Local Environmental Plans) Amendment (Primary Production and Rural Development) Order 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2. | |
(137) | State Environmental Planning Policy (Primary Production and Rural Development) 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2. | |
(173) | Lismore Local Environmental Plan 2012 (Amendment No 30). LW 18.4.2019. Date of commencement, on publication on LW, cl 2. | |
(322) | Lismore Local Environmental Plan 2012 (Amendment No 31). LW 5.7.2019. Date of commencement, on publication on LW, cl 2. | |
(369) | Lismore Local Environmental Plan 2012 (Amendment No 33). LW 2.8.2019. Date of commencement, on publication on LW, cl 2. | |
(414) | Lismore Local Environmental Plan 2012 (Amendment No 32). LW 23.8.2019. Date of commencement, on publication on LW, cl 2. | |
(446) | Lismore Local Environmental Plan 2012 (Amendment No 34). LW 6.9.2019. Date of commencement, on publication on LW, cl 2. | |
(620) | Standard Instrument (Local Environmental Plans) Amendment Order 2019. LW 13.12.2019. Date of commencement, 15.1.2020, cl 2. | |
(621) | State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019. Date of commencement of Sch 5, 15.1.2020, cl 2(1). | |
(46) | Lismore Local Environmental Plan 2012 (Amendment No 35). LW 14.2.2020. Date of commencement, on publication on LW, cl 2. | |
(155) | Standard Instrument (Local Environmental Plans) Amendment (Energy Storage Technology) Order 2020. LW 17.4.2020. Date of commencement, on publication on LW, cl 2. | |
(161) | Lismore Local Environmental Plan 2012 (Amendment No 36). LW 17.4.2020. Date of commencement, on publication on LW, cl 2. | |
(246) | Lismore Local Environmental Plan 2012 (Amendment No 37). LW 5.6.2020. Date of commencement, on publication on LW, cl 2. | |
(293) | Lismore Local Environmental Plan 2012 (Amendment No 38). LW 19.6.2020. Date of commencement, on publication on LW, cl 2. | |
(294) | Lismore Local Environmental Plan 2012 (Amendment No 40). LW 19.6.2020. Date of commencement, on publication on LW, cl 2. | |
(434) | Lismore Local Environmental Plan 2012 (Amendment No 41). LW 24.7.2020. Date of commencement, on publication on LW, cl 2. | |
(629) | Lismore Local Environmental Plan 2012 (Amendment No 42). LW 23.10.2020. Date of commencement, on publication on LW, cl 2. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). | |
(636) | Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2020. LW 28.10.2020. Date of commencement, 28.10.2020, cl 2. | |
No 40 | Liquor Amendment (Night-time Economy) Act 2020. Assented to 27.11.2020. Date of commencement of Schs 4.6 and 7, 11.12.2020, sec 2(1) and 2020 (713) LW 11.12.2020. | |
(762) | Standard Instrument (Local Environmental Plans) Amendment (Secondary Dwellings) Order 2020. LW 18.12.2020. Date of commencement, 1.2.2021, cl 2. | |
(771) | Lismore Local Environmental Plan 2012 (Amendment No 39). LW 18.12.2020. Date of commencement, on publication on LW, cl 2. | |
(786) | Lismore Local Environmental Plan 2012 (Amendment No 43). LW 23.12.2020. Date of commencement, on publication on LW, cl 2. | |
(15) | Lismore Local Environmental Plan 2012 (Amendment No 46). LW 29.1.2021. Date of commencement, on publication on LW, cl 2. | |
(67) | Lismore Local Environmental Plan 2012 (Amendment No 45). LW 19.2.2021. Date of commencement, on publication on LW, cl 2. | |
(85) | Lismore Local Environmental Plan 2012 (Amendment No 47). LW 26.2.2021. Date of commencement, on publication on LW, cl 2. | |
No 6 | Community Land Development Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021. | |
(225) | State Environmental Planning Policy Amendment (Flood Planning) 2021. LW 14.5.2021. Date of commencement, 14.7.2021, cl 2. | |
(226) | Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021. LW 14.5.2021. Date of commencement, 14.7.2021, cl 2. | |
(302) | State Environmental Planning Policy Amendment (Natural Disasters) 2021. LW 18.6.2021. Date of commencement, 23.6.2021, cl 2. | |
(375) | Lismore Local Environmental Plan 2012 (Amendment No 48). LW 9.7.2021. Date of commencement, on publication on LW, cl 2. | |
(650) | Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. LW 5.11.2021. Date of commencement of Sch 1[1]–[15] [17] [19] [23]–[48] and [50]–[53] and Sch 2, 1.12.2021, cl 2(1); date of commencement of Sch 1[16] [18] [20]–[22] [49] [54] and [55], 30.6.2022, cl 2(1A); date of commencement of Sch 3, 26.4.2023, cl 2(2). Amended by Standard Instrument (Local Environmental Plans) Further Amendment (Land Use Zones) Order 2021 (712). LW 26.11.2021. Date of commencement, on publication on LW, cl 2. Amended by Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022 (726). LW 30.11.2022. Date of commencement, on publication on LW, cl 2. | |
(711) | Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2021. LW 26.11.2021. Date of commencement, on publication on LW, cl 2. | |
(784) | Lismore Local Environmental Plan 2012 (Amendment No 50). LW 17.1.2021. Date of commencement, on publication on LW, cl 2. | |
(71) | Standard Instrument (Local Environmental Plans) Amendment (SEPPs) Order 2022. LW 4.3.2022. Date of commencement, 9.3.2022, cl 2. | |
(72) | State Environmental Planning Policy Amendment (Miscellaneous) 2022. LW 4.3.2022. Date of commencement, on publication on LW, sec 2. | |
(314) | State Environmental Planning Policy Amendment (Local Distribution Premises) 2022. LW 24.6.2022. Date of commencement, 30.6.2022, sec 2. | |
(514) | Lismore Local Environmental Plan 2012 (Amendment No 52). LW 26.8.2022. Date of commencement, on publication on LW, cl 2. | |
(592) | Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2022. LW 6.10.2022. Date of commencement, 1.12.2022, cl 2. | |
(628) | Standard Instrument (Local Environmental Plans) Amendment (Canal Estate Development and Public Bushland) Order 2022. LW 21.10.2022. Date of commencement, 21.11.2022, cl 2. | |
(832) | State Environmental Planning Policy Amendment (Land Use Zones) 2022. LW 16.12.2022. Date of commencement, 26.4.2023, sec 2. Amended by State Environmental Planning Policy Amendment (Land Use Zones) 2023 (82). LW 24.2.2023. Date of commencement, on publication on LW, sec 2. | |
(833) | State Environmental Planning Policy Amendment (Lismore Flood Recovery) 2022. LW 16.12.2022. Date of commencement, 13.2.2023, cl 2. | |
(418) | Lismore Local Environmental Plan 2012 (Amendment No 53). LW 28.7.2023. Date of commencement, on publication on LW, cl 2. | |
(458) | State Environmental Planning Policy Amendment (Agritourism) 2023. LW 18.8.2023. Date of commencement, on publication on LW, sec 2. | |
(522) | Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023. LW 15.9.2023. Date of commencement, 1.11.2023, cl 2. | |
(605) | Lismore Local Environmental Plan 2012 (Amendment No 54). LW 10.11.2023. Date of commencement, on publication on LW, cl 2. | |
(608) | Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2023. LW 10.11.2023. Date of commencement, on publication on LW, cl 2. | |
(657) | Lismore Local Environmental Plan 2012 (Amendment No 55). LW 8.12.2023. Date of commencement, on publication on LW, cl 2. | |
(347) | Lismore Local Environmental Plan 2012 (Amendment No 57). LW 11.7.2025. Date of commencement, on publication on LW, cl 2. | |
(348) | Lismore Local Environmental Plan 2012 (Amendment No 58). LW 11.7.2025. Date of commencement, on publication on LW, cl 2. | |
(511) | Standard Instrument (Local Environmental Plans) Amendment (Group Homes) Order 2025. LW 19.9.2025. Date of commencement, on publication on LW, cl 2. | |
(525) | Lismore Local Environmental Plan 2012 (Amendment No 59). LW 26.9.2025. Date of commencement, on publication on LW, cl 2. |
No reference is made to certain amendments made consequential on the amendment of the Standard Instrument (Local Environmental Plans) Order 2006.
Cl 1.8 | Am 2021 (784), cl 5(1). |
Cl 1.8A | Am 2019 (621), Sch 5[1]; 2023 (657), Sch 1[1]–[3]. |
Cl 1.9 | Am 2016 (310), Sch 4.14. |
Cl 1.9A | Am 2019 (621), Sch 5[2]–[4]. |
Cl 2.1 | Am 2016 (193), Sch 1 [1]; 2017 (25), Sch 1 [1]; 2022 (832), Sch 1.15[1]. |
Land Use Table | Am 2013 (617), Sch 1 [1]; 2014 (171), Sch 1 [1] [2]; 2014 (822), Sch 1 [1]–[3]; 2016 (193), Sch 1 [2]; 2017 (25), Sch 1 [2]; 2017 (198), Sch 1 [1]–[4]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2018 (660), Sch 1 [1]–[3]; 2019 (137), Sch 6 [1]; 2019 (446), Sch 1 [1]–[3]; 2020 (771), Sch 1[1]–[5]; 2021 (375), cl 5; 2022 (314), Sch 1; 2022 (514), Sch 1[1] [2]; 2022 (832), Sch 1.15[2] (am 2023 (82), Sch 1.1[14]); 2023 (458), Sch 2.52; 2025 (348), Sch 1[1]–[3]. |
Cl 4.1AA | Am 2016 (193), Sch 1 [3]; 2022 (514), Sch 1[3]. |
Cl 4.2A | Am 2016 (193), Sch 1 [4]; 2022 (514), Sch 1[3]; 2022 (832), Sch 1.15[3]. |
Cl 4.2B | Am 2013 (616), Sch 1 [1]; 2016 (193), Sch 1 [5] [6]; 2020 (771), Sch 1[6] [7]; 2022 (514), Sch 1[3] [4]; 2022 (832), Sch 1.15[3]. |
Cl 4.2C | Subst 2013 (617), Sch 1 [2]. Am 2015 No 58, Sch 2.17; 2017 (198), Sch 1 [5]; 2023 (605), Sch 1[1] [2]. |
Cl 4.2D | Ins 2013 (616), Sch 1 [2]. Subst 2017 (198), Sch 1 [6]. Am 2022 (514), Sch 1[3] [5]; 2022 (832), Sch 1.15[4]. |
Cl 4.2E | Ins 2013 (616), Sch 1 [2]. Am 2014 (822), Sch 1 [4] [5]; 2016 (193), Sch 1 [7]; 2022 (514), Sch 1[3] [5]; 2022 (832), Sch 1.15[5]; 2023 (605), Sch 1[3]. |
Cl 4.6 | Am 2016 (193), Sch 1 [8]. |
Cl 5.1 | Am 2018 (660), Sch 1 [4]. |
Cl 5.3 | Am 2016 (193), Sch 1 [8]. |
Cl 5.4 | Am 2018 (406), Sch 1.83 [1] [2]; 2023 (418), Sch 1[1]. |
Cl 5.9 | Ins 2021 (302), Sch 1.17. Am 2022 (514), Sch 1[3]. |
Cl 5.22 | Subst 2023 (657), Sch 1[4]. |
Cl 5.24 | Subst 2023 (458), Sch 1[4]. |
Cl 5.25 | Subst 2023 (458), Sch 1[4]. |
Cl 6.1 | Am 2018 (106), Sch 2.8; 2022 (72), Sch 1.29. |
Cl 6.3 | Rep 2021 (225), Sch 1. |
Cl 6.7 | Am 2023 (605), Sch 1[4] |
Cl 6.8 | Am 2018 (5), Sch 1 [1] [2]; 2020 (771), Sch 1[8]. |
Cl 6.8A | Ins 2018 (5), Sch 1 [3]. |
Cl 6.10 | Ins 2014 (171), Sch 1 [3]. Am 2017 (25), Sch 1 [3]; 2017 (493), Sch 1.2 [1]. |
Cl 6.11 | Ins 2019 (446), Sch 1 [4]. Am 2023 (418), Sch 1[2]–[5]; 2025 (348), Sch 1[4]–[8]. |
Cl 6.12 | Ins 2025 (525), Sch 1. |
Part 7 | Ins 2025 (347), Sch 1[1]. |
Cl 7.1 | Ins 2025 (347), Sch 1[1]. |
Cl 7.2 | Ins 2025 (347), Sch 1[1]. |
Cl 7.3 | Ins 2025 (347), Sch 1[1]. |
Cl 7.4 | Ins 2025 (347), Sch 1[1]. |
Sch 1 | Am 2017 (89), cl 5; 2018 (660), Sch 1 [5]; 2020 (46), cl 5; 2020 (246), cl 5; 2020 (293), cl 5; 2020 (294), cl 5. |
Sch 2 | Am 2014 (171), Sch 1 [4] [5]; 2014 (822), Sch 1 [6] [7]; 2020 (771), Sch 1[9]; 2022 (832), Sch 1.15[6] [7]; 2023 (418), Sch 1[6]. |
Sch 3 | Am 2014 (822), Sch 1 [8]; 2022 (833), Sch 3[1] [2]. |
Sch 4 | Am 2014 (777), Sch 1 [1] [2]; 2014 (805), Sch 1 [1]–[3]; 2016 (817), Sch 1 [1] [2]; 2017 (722), cl 4 (1)–(3); 2019 (414), cl 5; 2021 (15), cl 5; 2022 (832), Sch 1.15[8]. |
Sch 5 | Am 2017 (198), Sch 1 [7] [8]; 2018 (660), Sch 1 [6]; 2020 (771), Sch 1[10] [11]; 2020 (786), Sch 1; 2021 (784), cl 5(2); 2022 (514), Sch 1[6] [7]; 2023 (605), Sch 1[5]. |
Dictionary | Am 2014 (777), Sch 1 [3]; 2021 (225), Sch 1; 2025 (347), Sch 1[2]. |
Maps | Am 2014 (38), cl 4; 2014 (50), cl 4; 2014 (74), cl 4 (ruled invalid, Land and Environment Court, 5.6.2015); 2014 (171), cl 4; 2014 (777), cl 4; 2014 (805), cl 4; 2014 (822), cl 4. Maps revised on 5.6.2015 to reflect Land and Environment Court ruling on validity of Lismore Local Environmental Plan 2012 (Amendment No 3). Am 2015 (549), cl 4; 2015 (705), cl 4; 2016 (51), cl 4; 2016 (193), cl 4; 2016 (817), cl 4; 2016 (818), cl 4; 2016 (819), cl 4; 2017 (25), cl 4; 2017 (46), cl 4; 2017 (89), cl 4; 2017 (198), cl 4; 2017 (568), cl 4; 2017 (723), cl 4; 2017 (745), cl 4; 2018 (74), cl 4; 2018 (80), cl 4; 2018 (100), cl 4; 2019 (173), cl 4; 2019 (322), cl 4; 2019 (369), cl 4; 2019 (414), cl 4; 2020 (46), cl 4; 2020 (161), cl 4; 2020 (246), cl 4; 2020 (293), cl 4; 2020 (294), cl 4; 2020 (434), cl 4; 2020 (629), cl 4; 2020 (771), cl 4; 2020 (786), cl 4; 2021 (15), cl 4; 2021 (67), cl 4; 2021 (85), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment. |
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