New South Wales Consolidated Regulations

BALLINA LOCAL ENVIRONMENTAL PLAN 1987 - REG 26A

26A Development within Zone No 6 (a)

(1) This clause applies to land within Zone No 6 (a).

(2) The council shall not consent to the carrying out of development on land to which this clause applies unless it is satisfied that such development will promote or would otherwise be related to the use and enjoyment of the land for recreational and social needs of the community.

(3) In determining an application for consent to carry out development on land to which this clause applies, the council must take into consideration the following matters:

(a) the need for the proposed development on the land,

(b) the likely impact of the proposed development on the existing or likely future use and character of the land,

(c) the need to retain the land for its existing or likely future use,

(d) whether any proposed building or use will be secondary and complementary to the existing or the proposed use of the land as open space,

(e) whether the proposed development will substantially diminish the use of the land for open space,

(f) whether the proposed development is compatible with the adjacent uses in relation to height, bulk, noise generation and any other aspects which the council considers may conflict with surrounding land uses, and

(g) the proposed development’s consistency with any plan of management relating to the land.