New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 1991 - REG 32

32 Regional Open Space

32.1 The Council shall not consent to the carrying out of development on land zoned Regional Open Space unless, in addition to those matters listed in Clauses 10 and 11 that are of relevance, it has made an assessment of:

(a) the extent to which the land will be disturbed or modified by works and vehicular access associated with the development,

(b) the extend to which the land has been previously disturbed or modified with particular regard to:

(i) weed infestation,

(ii) drainage,

(iii) clearing, and

(iv) construction,

(c) the adequacy of measures to safeguard and rehabilitate the environment,

(d) the feasibility of situating the development away from ridge tops or escarpment edges,

(e) an alternative site for the development,

(f) an alternative method of carrying out the development,

(g) measures proposed for the proper disposal of effluent, and

(h) land capability and soil erosion hazard.

32.2 Except as provided by clause 32.4, the Council shall not grant consent to a development application to erect a building or carry out or alter a work of a permanent character or make or alter a permanent excavation other than a building or a permanent work or a permanent excavation required for or incidental to the purposes for which the land is zoned.

32.3 A person shall not carry out any development upon land zoned Regional Open Space so as to render it unfit for the purpose for which it is zoned.

32.4 Where it appears to the Council that the purpose for which land is zoned Regional Open Space cannot be carried into effect within a reasonable time after the land first became so zoned the owner of the land may, with the consent of the Council, carry out development on that land for a different purpose.

32.5 Acquisition of land within Regional Open Space zone by corporation

(a) The owner of any land within the Regional Open Space zone may, by notice in writing, require the corporation to acquire that land.

(b) Upon receipt of the notice, the corporation shall acquire the land to which the notice relates.