New South Wales Consolidated Regulations

EUROBODALLA URBAN LOCAL ENVIRONMENTAL PLAN 1999 - REG 63

63 What general controls apply to land near major roads?

(1) The objective of this clause is to ensure that adjoining land uses do not undermine the primary role of major roads as safe and efficient traffic carriers as part of a hierarchy of roads and transport routes.

(2) For the purposes of this clause, "major road" means any main road or arterial road or any other road which, in the opinion of the Council, carries or is likely to carry a significant volume of vehicular traffic and includes the following roads:

• Princes Highway

• Kings Highway

• Beach Road (Batemans Bay)

• George Bass Drive

• Tomakin Road

• North Head Drive

• South Head Road

• Hector McWilliam Drive

• Mort Avenue-Dalmeny Drive

• Bermagui Road.

(3) This clause applies to land:

(a) that has a frontage to a major road, or

(b) that relies on a major road for its sole direct means of vehicular access, or

(c) that has direct vehicular access to another road at a point less than 90 metres from that road’s intersection with a major road.

(3A) This clause does not apply to development for the purposes of a dwelling-house or dual occupancy on land to which this clause applies and referred to in subclause (3) (c).

(4) The Council shall not consent to development on land to which this clause applies unless it is satisfied that:

(a) the development, by its nature or intensity, or the volume and type of traffic likely to be generated, is unlikely to constitute a traffic hazard or to materially reduce the capacity and efficiency of the major road, and

(b) the development is of a type, whether or not related to the characteristics of the land on which it is proposed to be carried out, that justifies a location in proximity to a major road, and

(c) the location, standard and design of access points, and on-site arrangements for vehicle movement and parking, ensure that through traffic movements on the major road are not impeded, and

(d) the development will not prejudice future improvements or realignment to a major road to be carried out by the Council, and

(e) the development will not prejudice future improvements to or realignment of a major road, particularly with regard to the number of access points to main roads, and

(g) access to the land will be provided by a road other than a main road, wherever practicable, and

(h) existing and predicted traffic impacts, including vehicular noise, are considered in the design and location of the development.