New South Wales Consolidated Regulations

LISMORE LOCAL ENVIRONMENTAL PLAN 2000 - REG 69A

69A Lismore “Art in the Heart” Project

(1) This clause applies to applies to Lot 14, DP 867281, (150 Keen Street) and Lot 11, DP 859167, (126 Magellan Street), Lismore, as shown edged heavy black on the map marked “ Lismore Local Environmental Plan 2000 (Amendment No 9) ”, deposited in the office of the Lismore City Council.

(2) The objectives of this clause are to identify a range of uses proposed for the “Art in the Heart” project and to facilitate their development on the land to which this clause applies.

(3) The “Art in the Heart” project may comprise arts and cultural activities, development for the purposes of education, tourism, retail and information technology, commercial and economic development, and residential development, as well as the continued use of part of the land for public car parking.

(4) The Council must not grant consent to development on land to which this clause applies unless it has first taken into consideration the master plan adopted by the Council and applying to the land.

(5) The master plan is to co-ordinate and guide development on the land and is to include the following matters:

(a) distribution of land uses, including identification of areas for community, arts, commercial, residential and car parking uses,

(b) the conservation of the heritage significance of heritage items located on the land and in its vicinity,

(c) the location of new buildings,

(d) urban and building design guidelines to include measures to complement existing heritage buildings, public safety, solar access and energy efficiency, height, form, setbacks and scale of new buildings, colour and appearance,

(e) pedestrian access to and through the site,

(f) internal road systems, parking and the retention (and possible expansion) of the public car park with a minimum of 313 spaces,

(g) provision of public open space, including retention of trees,

(h) potential view corridors to and through the site,

(i) acknowledgement of flood effects and identification of appropriate flood compatible uses in accordance with Council’s Flood Plain Risk Management Plan,

(j) implementation or staging (or both),

(k) any other matter required by the Council.

(6) A draft master plan must be publicly exhibited by the Council for not less than 28 days. At the end of that period, the Council must consider any submissions made about the draft master plan.

(7) A draft master plan becomes a master plan if it is adopted by the Council with or without alterations made in response to submissions.

(8) A master plan may be amended or revoked by a master plan prepared exhibited and adopted in accordance with this clause.

(9) Despite any other provision of this plan, the Council may grant consent to development for additional commercial uses on the land if it has taken into consideration whether the uses are consistent with the master plan applying to the land and are complementary to development for the purposes of the arts, cultural activities, education and tourism and economic development carried out on the land.