New South Wales Consolidated Regulations

BOMBALA LOCAL ENVIRONMENTAL PLAN 1990 - REG 35

35 Land subject to bushfire hazards

(1) The council shall not grant consent to the carrying out of any development on land to which this plan applies which, in the opinion of the council, is subject to bushfire hazards until it has made an assessment of:

(a) the nature and degree of the hazard, relative to the appropriate measures available to reduce the hazard,

(b) in the case of subdivision of land:

(i) whether the subdivision has been designed to enable the siting of any buildings to be erected on the land in areas of least risk,

(ii) the necessity for the inclusion of a perimeter road in the subdivision, or on land adjoining the subdivision, for the purposes of providing a fire break and access for fire fighting vehicles, and

(ii) the necessity to increase the depth of allotments adjoining land which may be the source of bushfire hazard, whether or not defined by a perimeter road, for the purposes of providing a fire radiation zone,

(c) in the case of buildings:

(i) whether the buildings have been sited in a manner which reduces bushfire hazard, and

(ii) the necessity for fireproof building materials,

(d) the means of access for firefighting vehicles, and

(e) the means available to ensure the fire protection measures, including fire radiation zones and hazard reduction, are appropriately maintained.

(2) The council may refuse consent to a development application where it is of the opinion that the development is inappropriate having regard to bushfire hazard affecting the land the subject of the application.