New South Wales Consolidated Regulations

CESSNOCK LOCAL ENVIRONMENTAL PLAN 1989 - REG 32

32 Land subject to bushfire hazards

(1) The Council shall not grant consent to any development on land to which this plan applies which 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 a subdivision of land within Zone No 2 (a), 2 (b) or 2 (c):

(i) whether the subdivision has been designed to enable the siting of any subsequent buildings 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,

(iii) the necessity to provide for the creation of a fire radiation zone managed for hazard reduction and located on the bushland side of the perimeter road,

(iv) the necessity to increase the depth of allotments of adjoining land which may be the source of bushfire hazard, whether or not defined by a perimeter road, to enable an appropriate setback for the building line, and

(v) whether the subdivision has been designed in a manner which minimises the length of the hazard perimeter and avoids configurations which are vulnerable in the event of bushfires,

(c) in the case of a subdivision of land within Zone No 1 (a), 1 (a1), 1 (c), 1 (c1) 1 (c2) or 1 (c2):

(i) the necessity for the inclusion of a vehicular road through that land to which individual access roads are linked, and

(ii) the necessity for the inclusion of fire trails which link individual access roads or a through road, or both,

(d) in the case of the erection of a building:

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

(ii) the necessity to require fireproof building materials,

(e) the means of access for fire fighting vehicles, and

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

(2) Notwithstanding subclause (1), 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.