New South Wales Consolidated Regulations

HAWKESBURY LOCAL ENVIRONMENTAL PLAN 1989 - REG 41A

41A Certain development at Comleroy Road, Kurrajong

(1) This clause applies to Lots 20 and 21, DP 748280, Comleroy Road, Kurrajong, as shown edged heavy black on the map marked “ Hawkesbury Local Environmental Plan 1989 (Amendment No 14) ”.

(2) The Council must not grant consent to the carrying out of development on the land to which this clause applies unless satisfactory arrangements have been made for the on-site disposal of sewage. Those arrangements must be made by the applicant. If the applicant is not the owner of the land, the arrangements must not be made without the agreement of the owner.

(3) The Council must not grant consent to the subdivision of land to which this clause applies unless:

(a) the Council has considered the matters referred to in subclause (4), and

(b) the area of each allotment to be created by the subdivision is not less than 5,000 square metres, and

(c) the total number of allotments to be created that the Council is satisfied will be used for rural-residential purposes does not exceed 35, and

(d) the Council is satisfied that development for the purpose of a golf course has substantially commenced on the land, and

(e) the Council is satisfied that an integrated system of waste water management will be implemented and maintained on that land, and that water discharges and run-off from that land will maintain or improve existing levels of water quality.

(4) In considering an application for consent to the subdivision of land to which this clause applies, the Council must take the following matters into consideration:

(a) the reduction of bushfire hazards,

(b) the topography of the land,

(c) the areas of land suitable for the erection of dwelling-houses and associated structures with minimum risk of damage by bushfires,

(d) the susceptibility of the land to soil erosion and the measures to be taken to prevent such erosion,

(e) the amount of existing trees and other natural vegetation which is likely to be removed as a result of the subdivision and any subsequent development of the allotments to be created by the subdivision,

(f) the effect on the water quality of the Hawkesbury River as a result of the subdivision and any subsequent development of the allotments to be created by the subdivision,

(g) whether the subdivision will result in significant alteration to the natural land form in any subsequent development by way of construction of access driveways, excavation, filling and the like,

(h) the effect of the subdivision on the visual quality of the area,

(i) the ratio of depth to frontage of each allotment to be created by the subdivision,

(j) the provision to the land of a water supply, facilities for sewage and waste disposal and drainage and electricity services.

(5) The Council must not consent to the further subdivision of an allotment created in accordance with this clause.

(6) The Council may consent to the erection of one, but not more than one, dwelling-house on each allotment created in accordance with this clause.

(7) The Council must not grant consent to the erection of a dwelling-house as referred to in subclause (6) unless it has made an assessment of the following:

(a) whether measures are to be taken to reduce the hazards of bushfires,

(b) the likely impact of the development on the visual amenity of the area,

(c) the amount of existing trees and other natural vegetation that would be removed as a result of the carrying out of the development,

(d) the likely disturbance to the landscape through clearing, earthworks, access roads and other construction works,

(e) the provision to the land of a water supply, facilities for sewage and waste disposal and drainage and electricity services.

(8) The land to which this clause applies must not be cleared of vegetation except with the consent of the Council.