New South Wales Consolidated Regulations

HASTINGS LOCAL ENVIRONMENTAL PLAN 1987 - REG 49A

49A Development of certain land at Dunbogan

(1) This clause applies to the land shown edged heavy black and coloured on the map marked “ Hastings Local Environmental Plan 1987 (Amendment No 3) ”.

(2) The objectives of this clause are:

(a) to ensure development of the land to which this clause applies is in the form of residential canal development and to enable a satisfactory hydraulic solution to the development of floodprone land,

(b) to ensure canal design conforms with recognised standards,

(c) to protect certain coastal wetlands,

(d) to ensure adequate separation of urban development from the Dunbogan treatment works site, and

(e) to ensure the retention of an effective wildlife corridor across the land to which this clause applies.

(3) Land to which this clause applies, within Zone No 5 (c) or within so much of Zone No 7 (a) as is between the southern boundary of that zone and the broken line marked “edge of wetlands” on the map marked “ Hastings Local Environmental Plan 1987 (Amendment No 3) ”, shall, for the purposes of a canal development, be taken to be within Zone No 2 (a1) provided that:

(a) in respect of land within Zone No 5 (c), the Council is satisfied as to the adequacy of measures to be undertaken (without cost to the Council) to enable development at a distance of less than 400 metres from the Dunbogan treatment works site, and

(b) in respect of land within Zone No 7 (a) a buffer of not less than a 1 in 3 batter slope is created at the edge and outside of the wetlands area as identified on that map.

(4) The Council shall, in respect of an application for development for the purposes of a canal development, consult with the Director-General of the Department of Agriculture and Fisheries, the Director of National Parks and Wildlife, the Director of Public Works and the Commissioner of the Soil Conservation Service, and shall not determine such an application until:

(a) it has received representations from them with respect to the application, or has been informed by them that no representations are to be made with respect to the application, or

(b) 28 days have elapsed after the date on which a copy of the application was referred to them, whichever occurs first.

(5) Pursuant to subclause (4), the matters for consultation are:

(a) in respect of the Director-General of the Department of Agriculture and Fisheries, the requirements and objectives of the Division of Fisheries of the Department of Agriculture and Fisheries guidelines for canal estate development,

(b) in respect of the Director of National Parks and Wildlife:

(i) the adequacy of proposed measures to ensure the protection of wetlands, and

(ii) where the application relates to land within Zone No 7 (a), the location and adequacy of the buffer to be created at the edge of the wetlands area as identified on the map marked “ Hastings Local Environmental Plan 1987 (Amendment No 3) ”,

(c) in respect of the Director of Public Works:

(i) the hydraulic design of the canal structure, and

(ii) where the application relates to land within Zone No 5 (c), the adequacy of measures to be undertaken to enable development within 400 metres of the Dunbogan treatment works site, and

(d) in respect of the Commissioner of the Soil Conservation Service, the need for, and the adequacy of, soil conservation measures to be undertaken.

(6) The Council shall not grant consent to the development of land to which this clause applies within Zone No 2 (a1), or taken to be within Zone No 2 (a1) under subclause (3), unless:

(a) the development is carried out in association with, or subsequent to, the construction of a canal development,

(b) flood free access is available to Laurieton from such development,

(c) the development is not such that will cause any effect on flood levels that results in significant environmental harm,

(d) where that consent is for development for the purposes of a canal development, it has taken into consideration any representations made by the Director-General of the Department of Agriculture and Fisheries, the Director of National Parks and Wildlife Service, the Director of Public Works and the Commissioner of the Soil Conservation Service,

(e) measures are undertaken to ensure compliance with the provisions of this clause during the construction period of development, and where development is to be staged, the development complies with the provisions of this clause at each stage,

(f) the height of any building at ceiling level is not more than 6 metres above finished ground level, and

(g) an effective wildlife corridor is retained across lot 3, DP 552001.

(7) In considering an application for the development of the land to which this clause applies, the Council may require as a condition of consent, such measures:

(a) to be undertaken to ensure the maintenance of water quality, and

(b) to reduce any visual impact of development on views from North Brother Mountain.

(8) Development of the land to which this clause applies within Zone No 2 (a1) (or taken to be in Zone No 2 (a1) under subclause (3)) shall, subsequent to development of that land for the purposes of a canal development, be subject to the provisions of this plan which relate to development of land within Zone No 2 (a1), and if consent is required for that development, to the provisions of subclauses (6) and (7).