New South Wales Consolidated Regulations

MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 - REG 52

52 Certain development at Mountvale Road, Rutherford (Heritage Green)

(1) This clause applies to Part Lot 1223, DP 1017710, Lot 222, DP 773532 and Lot 224, DP 773532, Rutherford as shown edged heavy black on the map marked “ Maitland Local Environmental Plan 1993 (Amendment No 75) ”.

(2) Despite any other provision of this plan, a person may, with the consent of the consent authority:

(a) erect not more than 450 dwellings, in a maximum of 6 community parcels, on the land to which this clause applies, and

(b) carry out on that land development for commercial purposes or retail purposes, or both.

(3) The consent authority must not grant consent as referred to in subclause (2) unless the consent authority is satisfied that:

(a) the commercial or retail component of the proposed development is required as an integral part of a major tourist recreation facility, being a golf course, and

(b) appropriate steps, including the preparation of a conservation management plan, have been taken to identify and preserve any sites or artifacts of Aboriginal significance, and

(c) the land to which this clause applies will be consolidated into one allotment prior to any subdivision under a community scheme.

(4) The consent authority must not consent to a development referred to in this clause unless it has considered:

(a) an analysis of noise and air quality associated with rail and industrial activities, vegetation, fauna, surface and ground water quality, and hydrological regimes and an assessment of any changes likely to result from the proposed development on these considerations, and

(b) a description of the measures to be undertaken to guard against actual and potential disturbances from rail and industrial development, and to vegetation, fauna, water quality and hydrological regimes, resulting from the carrying out of the development and whether those measures are satisfactory.

(5) In this clause:
"community parcel" has the same meaning as in the Community Land Development Act 1989 .
"community scheme" has the same meaning as in the Community Land Development Act 1989 .