New South Wales Consolidated Regulations

HAWKESBURY LOCAL ENVIRONMENTAL PLAN 1989 - REG 41AA

41AA Certain development in the Grose Wold area

(1) This clause applies to the Grose Wold area, being all the land shown edged in red on the map marked “ Hawkesbury Local Environmental Plan 1989 (Amendment No 64) ”.

(2) In this clause:
"Cumberland Plain Woodland" means the endangered ecological community with that name referred to in Part 3 of Schedule 1 to the Threatened Species Conservation Act 1995 .
"original allotment" means an allotment in existence at the date on which Hawkesbury Local Environmental Plan 1989 (Amendment 64) was gazetted.

(3) Notwithstanding clause 11, the Council may grant consent to subdivision of land to which this clause applies containing an environmental constraint area only if:

(a) the number of allotments to be created for a dwelling-house by the proposed subdivision will not exceed the area of the original allotment, in hectares, divided by 4, and

(b) any allotment created for a dwelling-house will have at least one hectare of land that is not within an environmental constraint area.

(4) The Council may grant consent for the subdivision of land to which this clauses applies only if:

(a) the pattern of allotments created by the proposed subdivision and the location of any proposed buildings on those allotments will minimise the impact on any Cumberland Plain Woodland, any land within an environmental constraint area and watercourses, and

(b) a geotechnical assessment has been undertaken to demonstrate the land is adequate for the on-site disposal of effluent in accordance with best practice, and

(c) the Cumberland Plain Woodland and any land within an environmental constraint area is retained as undivided as possible, and

(d) in the opinion of Council, there will be no significant adverse impacts on Cumberland Plain Woodland or land within any environmental constraint area located downstream or surrounding the proposed development.

(5) A person shall not carry out development on land located within 50 metres of the Grose River apart from rehabilitation of degraded sites and recreational activities such as use of walking trails, board walks and the like.

(6) 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 effect on the water quality and water quantity in the Grose River and its tributaries,

(b) the effect on the scenic quality of the area, and

(c) the effect on the riparian vegetation located along the Grose River and the effect on vegetation along drainage lines and creeks or any other vegetation located downstream or surrounding the land to be subdivided.