New South Wales Consolidated Regulations

KIAMA LOCAL ENVIRONMENTAL PLAN 1996 - REG 64A

64A Suspension of covenants, agreements and other instruments-residential land

(1) This clause applies to:

(a) development (including subdivision) for the purpose of dwelling-houses, residential flat buildings, units for aged persons, villa homes or courtyard houses, where allowed within Zone No 2 (a) or 2 (b), and

(b) dual occupancy development and integrated housing development within Zone No 2 (a) or 2 (b).

(2) For the purpose of enabling development to which this clause applies to be carried out in accordance with this plan or with a consent granted under the Act, any agreement, covenant or similar instrument that restricts the carrying out of that development shall not apply to the extent necessary to serve that purpose.

(3) Nothing in subclause (2) affects the rights or interests of any public authority under any registered instrument.

(4) In accordance with section 28 of the Act, the Governor approved of subclauses (1)-(3) before making of Kiama Local Environmental Plan 1996 (Amendment No 31) .