New South Wales Consolidated Regulations

CESSNOCK LOCAL ENVIRONMENTAL PLAN 1989 - REG 25

25 Development in flight paths

(1) A person shall not erect a building on land that is within the flight path of an airport to a height above the obstacle height limitation surface for that airport without the consent of the Council.

(2) The Council shall not grant consent under subclause (1) unless it is satisfied, after consultation with the proper officers of the Commonwealth Department of Transport and Communications, that the building will not constitute an obstruction, hazard or potential hazard to aircraft flying in the vicinity.

(3) In granting consent under subclause (1), the Council shall give consideration to any noise exposure forecasts prepared by officers of the Commonwealth Department of Transport and Communications and to whether the proposed use of the building will be adversely affected by exposure to aircraft noise.

(4) For the purposes of this clause, the flight path of an airport shall include such land as is determined by the proper officers of the Commonwealth Department of Transport and Communications and communicated to the Council.