New South Wales Consolidated Regulations

KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 21A

21A Development in the Special Uses 5 (b) Zone

Land to which this clause applies This clause applies to land in Zone Special Uses 5 (b) (the Special Uses (Railway) Zone).

Objective of the provision To ensure that development within the railway corridor is compatible with the existing and future use of the land and will not conflict with the use of surrounding land.

Matters for consideration The Council must not grant consent to the carrying out of development on land to which this clause applies unless it has taken into consideration all of the following:

(a) the need for the proposed development on that land,

(b) whether the impact of the proposed development will be detrimental to the existing or future use of the land,

(c) whether the proposed development is compatible with the uses, character and built form of adjacent land or land within the general vicinity in relation to its height, bulk, noise generation, traffic generation and any other aspects that might conflict with surrounding land uses,

(d) whether the height of any proposed building or structure is visually sympathetic to existing vegetation and topography,

(e) whether the noise or vibration levels will be unacceptable for the proposed use of the land. The Council may decline to grant consent unless it has considered a report from a suitably qualified consultant that assesses noise or vibration levels and recommends appropriate alleviation measures, if necessary.