New South Wales Consolidated Regulations

HAWKESBURY LOCAL ENVIRONMENTAL PLAN 1989 - REG 33

33 Certain development at Kurrajong Heights

(1) This clause applies known as Little Island, Middle Island and Big Island, Kurrajong Heights, being lot 1, DP 184741 and lot 181, DP 701978.

(2) Nothing in this plan prevents a person, with the consent of the Council, from subdividing the land to which this clause applies so as to create:

(a) 140 allotments of land at Middle Island, and

(b) 60 allotments of land at Little Island,

where each allotment has an area of at least 2,000 square metres but not more than 5,000 square metres.

(3) A person shall not carry out development referred to in subclause (2):

(a) on Middle Island, unless the Council is satisfied that development for the purposes of tourist facilities has substantially commenced on Big and Middle Island, or

(b) on Little Island, unless the subdivision of land on Middle Island has been completed in accordance with this clause and any conditions imposed by the Council on the grant of consent to that subdivision have been complied with.

(4) The Council shall not grant consent to an application to carry out development referred to in subclause (2) on land to which this clause applies unless:

(a) the Council is satisfied that, in relation to the proposed development, adequate measures are proposed to reduce the likelihood of the spread of bushfires, soil erosion or pollution,

(b) the Council is satisfied that, in relation to the proposed development, adequate measures are proposed concerning traffic management both within the land and within the local road system, and

(c) a buffer area, within which no development may be carried out other than development for the purpose of access from Middle Island to Big Island, will be provided along Big Island Creek within the land to the satisfaction of the Council.

(5) The Council shall not grant consent to an application to carry out development referred to in subclause (2) after:

(a) 8 April 1992, or

(b) such later date as the Minister may, before the expiration of 4 years from the date referred to in paragraph (a), notify by Order published in the Gazette.

(6) Nothing in subclause (5) prevents the Council from granting consent at any time to the carrying out of alterations or extensions to, or the rebuilding of, a building or place being used for a purpose for which consent has been granted in accordance with this clause.