New South Wales Consolidated Regulations

GOULBURN MULWAREE LOCAL ENVIRONMENTAL PLAN 2009 - REG 7.1A

7.1A Earthworks

(1) The objectives of this clause are as follows:

(a) to ensure that any earthworks will not have a detrimental impact on environmental functions and processes, neighbouring uses or heritage items and features of the surrounding land,

(b) to allow earthworks of a minor nature without separate development consent.

(2) Development consent is required for earthworks, unless:

(a) the work is exempt development under this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 , or

(b) the consent authority is satisfied the earthworks are of a minor nature.

(3) Before granting development consent for earthworks, the consent authority must consider the following matters:

(a) the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality,

(b) the effect of the proposed development on the likely future use or redevelopment of the land,

(c) the quality of the fill or of the soil to be excavated, or both,

(d) the effect of the proposed development on the existing and likely amenity of adjoining properties,

(e) the source of any fill material or the destination of any excavated material,

(f) the likelihood of disturbing Aboriginal objects or other relics,

(g) proximity to and potential for adverse impacts on any watercourse, drinking water catchment or environmentally sensitive area.