New South Wales Consolidated Regulations

HASTINGS LOCAL ENVIRONMENTAL PLAN 1987 - REG 20B

20B Development within Zone No 2 (t2)

(1) This clause applies to land within Zone No 2 (t2).

(2) The objects of this clause are:

(a) to ensure that the potential impact of any major flood inundation and the effect of aircraft noise are taken into account in deciding what development will be carried out on land within Zone No 2 (t2), and

(b) to ensure that appropriate tourist-related land uses are permissible within the zone.

(3) Despite any other provision of this plan, a person must not develop land to which this clause applies if the development would result in habitable floor levels that are less than 800 mm above the 1 in 100 year flood level. The only exception to this requirement is where a ring levee is provided in accordance with clause 23 (3).

(4) Despite any other provision of this plan, a person must not develop land to which this clause applies if the development would result in an increase in the number of permanent residents occupying the land.

(5) Subclause (4) does not apply to an increase in permanent residents resulting from occupation of:

(a) the first dwelling-house erected on a parcel of land in existence at the date of gazettal of Hastings Local Environmental Plan 1987 (Amendment No 55) , or

(b) a dwelling-house or other dwelling erected in conjunction with a use permissible within the zone (other than a home business) and situated on the same land as the land on which that use is carried out, where that dwelling-house or other dwelling will be occupied exclusively as a manager’s residence required for the effective control of that use on that land.

(6) Despite any other provision of this plan, the Council must not consent to development for the purpose of a shop or commercial premises unless the Council is satisfied:

(a) that the use of the proposed shop or commercial premises will be a tourist-related use, and

(b) that adequate provision has been or will be made for the provision of off-street parking and for access to and from the site.

(7) For the purposes of this clause, a "tourist-related use" is a land use that relies for its commercial success on tourist patronage and that promotes local tourism activities or facilities. Examples of tourist-related land uses are:

(a) sale of local crafts or souvenirs, and

(b) booking of local attractions and recreational facilities and activities, and

(c) provision of tourist information and other similar services that assist in the establishment of the area as a specialised tourist precinct.