New South Wales Consolidated Regulations

KIAMA LOCAL ENVIRONMENTAL PLAN 1996 - REG 47AC

47AC Amendment or replacement of master plans

(1) A master plan for a master plan site, as adopted by the Council for the time being, may be amended, or revoked and replaced, by a subsequent master plan adopted by the Council in accordance with this clause.

(2) A master plan may be amended or revoked and replaced only if the master plan as proposed to be amended or the replacement master plan will illustrate and demonstrate proposals for the following:

(a) the use or uses to be carried out on the development site, including the use of buildings,

(b) design principles drawn from an analysis of the development site and its context,

(c) desired future locality character,

(d) the location of any development, considering the natural features of the site, including coastal processes and coastal hazards,

(e) the scale of any development and its integration with the existing landscape,

(f) impact on, and improvements to, the public domain,

(g) phasing of development,

(h) public access to and along the coastal foreshore,

(i) pedestrian, cycle and road access and circulation networks,

(j) subdivision pattern,

(k) infrastructure provision,

(l) building envelopes and built form controls,

(m) heritage conservation, including both Aboriginal and European heritage,

(n) remediation of the site,

(o) provision of public facilities and services,

(p) car parking provision,

(q) provision of open space, its function and landscaping,

(r) conservation of natural waters, including their riparian corridors, water quality and use,

(s) identification and conservation of native flora and fauna and their habitat on the site, including any threatened species, populations or ecological communities,

(t) conservation of fish and aquatic animals and their habitats.

(3) A draft master plan prepared to amend, or to revoke and replace, a master plan must be publicly exhibited by the Council for not less than 28 days and a copy must be sent to the Director-General.

(4) After considering any written submissions made to it within that time, the Council:

(a) with the approval of the Minister, may adopt the draft master plan either with or without alteration, or

(b) may reject the draft master plan.

(5) The Minister is taken to have approved adoption of a draft master plan if, within 28 days after a copy of it was sent to the Director-General, neither the Director-General nor the Minister has made any written response to the Council concerning adoption of the draft master plan.

(6) Before adopting a draft master plan that has been altered, the Council must re-exhibit it with the alterations:

(a) if the Minister has required re-exhibition, or

(b) if the Council is of the opinion that the alterations are sufficiently significant to require re-exhibition.

(7) When the Council adopts a draft master plan, it must:

(a) notify the Minister, the person who prepared the master plan (if it was not the Council) and any person who made a written submission about it of the adoption of the master plan, and

(b) advertise the adoption of the master plan in a newspaper circulating in the locality, and

(c) make a copy of the adopted master plan available for inspection at the office of the Council during ordinary office hours.