New South Wales Consolidated Regulations

HASTINGS LOCAL ENVIRONMENTAL PLAN 1987 - REG 52

52 Development of certain land at Deauville

(1) This clause applies to land being part lot 22, DP 231190, and part lot 3, DP 545930, at Deauville via Laurieton, as shown edged heavy black on the map marked “ Hastings Local Environmental Plan 1987 (Amendment No 4) ”.

(2) The objective of this clause is to permit the development of part of the land to which this clause applies for the purposes of rural residential subdivision, subject to:

(a) the protection of its environmental qualities of the land,

(b) the preservation of the natural environment of the adjoining land, and

(c) the retention of the natural environmental appearance of the locality.

(3) Notwithstanding any other provision of this plan (clause 17 excepted), development of land to which this clause applies may be carried out, with the consent of the Council, in accordance with this clause.

(7) Pursuant to section 30 (4) of the Act, the provisions of sections 84, 85, 86, 87 (1) and 90 of the Act apply to and in respect of development for the purposes of subdivision under this clause in the same way as those provisions apply to and in respect of designated development.

(8) The Council shall not grant consent to the development of land to which this clause applies unless:

(a) where that application relates to the subdivision of the land:

(i) the application is accompanied by an environmental impact report containing the matters referred to in Schedule 4,

(ii) the application specifies the dwelling-house site and access to that site in respect of each lot to be created,

(iii) the application is accompanied by an archaeological report, prepared by a relevant expert, on the impact of the development on the Aboriginal significance of the land,

(iv) the Council is satisfied with the adequacy of soil conservation measures undertaken or proposed to be undertaken and the adequacy of the allotments to provide on site disposal of sewage and domestic waste, and

(v) the average size of allotments to be created is not less than 1 hectare,

(b) the development will be carried out in compliance with the development standards specified in Schedule 3, and

(c) the development provides for the preservation of vegetation that is sufficient to ensure the retention of the natural and visual qualities of North Brother Mountain.

(9) The Council may, subject to the provisions of this clause, grant consent for the erection of a dwelling-house on an allotment created by a subdivision carried out pursuant to a consent granted under this clause.