New South Wales Consolidated Regulations

BERRIGAN LOCAL ENVIRONMENTAL PLAN 1992 - REG 10

10 General considerations for development within rural zones

(1) The Council shall not consent to an application to carry out development on land within Zone No 1 (a) or 1 (c) unless it has taken into consideration, if relevant, the effect of the carrying out of that development on:

(a) the present use of the land, the potential use of the land for the purposes of agriculture and the potential of any land which is prime crop and pasture land for sustained agricultural production,

(b) vegetation, timber production, land capability (including soil resources and soil stability) and water resources (including the quality and stability of watercourses and ground water storage and riparian rights),

(c) the future extraction of known valuable deposits of minerals, coal, petroleum, sand, gravel or other extractive materials and areas considered to be prospective for these materials,

(d) the protection of areas of significance for nature conservation or of high scenic or recreational value, and places and buildings of archaeological or heritage significance, including Aboriginal relics and places,

(e) the cost of providing, extending and maintaining public amenities and services to the development,

(f) future expansion of settlements in the locality, and

(g) where the land is within Zone No 1 (a) and within 400 metres of the bank of the Murray River, the effect of the development on the riparian lands of that river.

(2) As well as the matters referred to in subclause (1), the Council shall take into consideration the relationship of the development to development on adjoining land or on other land in the locality.

(3) Subclause (1) does not apply to development consisting of:

(a) an addition to a building or work,

(b) development ancillary to a purpose for which development may be carried out, with or without the consent of the Council, under this plan, or

(c) the erection or a dwelling-house on an allotment of land that the Council is satisfied was created in accordance with this plan for the purpose of a dwelling-house.