New South Wales Consolidated Regulations

RYLSTONE LOCAL ENVIRONMENTAL PLAN 1996 - REG 10

10 General considerations for development within rural zones

(1) The Council shall not consent to an application to carry out development on land within Zone No 1 (a), 1 (c), 1 (c1), 7 (a) or 7 (c), unless it has taken into account the effect of the carrying out of that development on:

(a) the present use of the land, the potential use of the land for the purposes of agriculture and the potential of any land which is prime crop and pasture land for sustained agricultural production,

(b) vegetation, timber production, land capability (including soil resources and soil stability) and water resources (including the quality and stability of water courses and ground water storage, riparian rights and springs),

(c) the future extraction of known valuable deposits of minerals, coal, petroleum, sand, gravel or other extractive materials and localities considered to be prospective for those materials,

(d) the protection of localities of significance for nature conservation or of high scenic or recreational value, and places and buildings of archaeological or heritage significance, including Aboriginal relics and places,

(e) the cost of providing, extending and maintaining public amenities and services to the development,

(f) the impact on endangered flora or fauna, specified in Schedule 2 as being present in the location in which the development is proposed to be carried out, and

(g) future expansion of settlements in the locality.

(2) Before granting consent for any such development in the locality referred to in Schedule 2, the consent authority must notify the Director-General of National Parks and Wildlife of the proposed development and take into consideration any comments received from the National Parks and Wildlife Service within 28 days after the notice is sent about the likely effect of the development on endangered flora, fauna or Aboriginal heritage.

(3) As well as the matters referred to in subclause (1), the Council shall take into consideration the relationship of the proposed development to existing development on adjoining land or on other land in the locality.

(4) Subclause (1) and (2) do not apply to the consideration of an application to carry out development consisting of:

(a) an addition to a building or work,

(b) development ancillary to a purpose for which development may be carried out with the consent of the Council under this plan, or

(c) the erection of a dwelling-house on an allotment of land created in accordance with this plan for the purpose of a dwelling-house.