New South Wales Consolidated Regulations

HAWKESBURY LOCAL ENVIRONMENTAL PLAN 1989 - REG 42A

42A Certain development at The Islands, Kurrajong

(1) This clause applies to Lot 182 DP 701978 (Little Island), Lot 181 DP 701978 (Middle Island) and Lot 1 DP 184741 (Big Island), Heritage Road, Kurrajong, as shown edged heavy red on the map marked “ Hawkesbury Local Environmental Plan 1989 (Amendment No 71) ”.

(2) The Council may, subject to subclause (3), grant consent to the subdivision of Lot 182 DP 701978 (Little Island) into a maximum of 32 allotments in accordance with the Community Land Development Act 1989 .

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

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

(e) the effect on the water quality of Little Island and Middle Island creeks,

(f) 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,

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

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

(4) The Council must not consent to the subdivision of the land referred to in subclause (2) unless:

(a) the total number of allotments to be created by the subdivision on each of which the erection of a dwelling-house is permissible does not exceed 30, and

(b) 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, and

(c) the Council is satisfied that water will not be extracted from Little Island Creek or any other adjoining or nearby creek unless, in the opinion of the Council, the extraction will not have an adverse impact on the waterway concerned.

(5) If the Council consents to the subdivision of the land referred to in subclause (2), the Council must not consent, so far as land situated in Zone No 7 (d) is concerned, to:

(a) the further subdivision of Lot 182 DP 701978 (Little Island), or

(b) the subdivision of Lot 181 DP 701978 (Middle Island) and Lot 1 DP 184741 (Big Island),

except by a minor boundary adjustment where no further allotments are created.

(6) The Council must not consent to the carrying out of the subdivision referred to in subclause (2) after the fifth anniversary of the commencement of Hawkesbury Local Environmental Plan (Amendment No 71) or such later date as the Minister may, before that fifth anniversary occurs, notify by order published in the Gazette.

(7) The Council may consent to the erection of one, but not more than one, dwelling-house on each of the 30 allotments created in accordance with this clause for the purpose of erection of dwelling-houses.

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

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

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

(c) the amount of existing trees and other native 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.

(9) Land within Zone No 7 (d) to which this clause applies must not be cleared of native vegetation except with the consent of the Council.