New South Wales Consolidated Regulations

NEWCASTLE LOCAL ENVIRONMENTAL PLAN 2003 - REG 36

36 Land in Zone 4 (c) at Mayfield West

(1) This clause applies to land at Mayfield West, shown edged heavy black and marked “4 (c)” or shown with light brown spots on the zoning map.

(2) In this clause:
"environmental envelope" means all the requirements set out in Part D of the Strategic Impact Assessment Study , and includes (without limitation) the requirements relating to the following:

(a) air quality, noise emissions and water quality,

(b) industrial ecology and ecologically sustainable development,

(c) the social and economic welfare of residents and workers in Newcastle,

(d) urban design and landscaping,

(e) the cultural, historic and landscape significance of the land.

"qualified person" means a person:

(a) who holds qualifications in a relevant field (such as town planning, engineering, architecture or environmental sciences) that are recognised by a professional association and the Council, and

(b) who has been registered with the Council as a qualified person for the relevant purpose of preparing the study requested under subclause (5).

"Strategic Impact Assessment Study" means the study titled Strategic Impact Assessment Study concerning land at Tourle Street and Industrial Drive, Mayfield-the Steel River Project, approved by the Council and dated February 1998, a copy of which is available at the office of the Council.

(3) Public notification On receipt of a development application with respect to land to which this clause applies, the consent authority shall:

(a) give public notice of the receipt of the application, within 7 days of its receipt, in a newspaper circulating in the City of Newcastle, and

(b) invite the public to inspect the proposal, at a place and at a time specified in the notice.

(4) Permissible development The consent authority shall not grant consent to the carrying out of development on land to which this clause applies unless:

(a) the development is allowed with consent within Zone 4 (c) and complies with the environmental envelope, and

(b) the environmental effects of any aspect of the development relating to air quality, noise emissions or water quality that have not been addressed in the Strategic Impact Assessment Study , meet any relevant standards determined by the Department of Environment and Climate Change.

(5) Granting consent The consent authority should, within 28 days of receipt of a development application relating to land to which this clause applies, grant consent to the carrying out of the development, if it is satisfied that:

(a) a study prepared by a qualified person demonstrates that the provisions of subclause (4) have been met, and

(b) the consent authority has met its obligations under Part 4 of the Act with respect to the assessment of the development application and, in particular, the matters required to be taken into consideration under section 79C (1) of the Act.

(6) Review of standards The Council shall undertake a full review of the environmental envelope at regular intervals from the commencement of this plan and shall, at least annually, make public a copy of the monitoring reports furnished under the environmental envelope.

(7) In carrying out any such review, the Council shall consult with the Department of Environment and Climate Change and any other groups it considers appropriate and give the public an opportunity to comment on the draft review.

(8) Any such review is to include recommendations for changes to the Strategic Impact Assessment Study that are appropriate to ensure that a high standard of environmental protection is maintained.

(9) Liaison Committee The Council and the owners of the land to which this clause applies are to establish a Liaison Committee to meet regularly with representatives of the Community Association (referred to in the Strategic Impact Assessment Study ) and members of the public to share and obtain information on environmental monitoring and the performance of individual developments on the land as well as the aggregate environmental performance of development on the land.

(10) Relationship to other instruments The provisions of any development control plans approved by the Council prior to the commencement of this plan do not apply to the land to which this clause applies.