New South Wales Consolidated Regulations

RICHMOND RIVER LOCAL ENVIRONMENTAL PLAN 1992 - REG 35A

35A Notification of certain applications-dual occupancy and residential flat buildings

(1) This clause applies to development within Zone No 2 (v) for the purposes of dual occupancy or residential flat buildings (being buildings within the meaning of clause 51 of the North Coast Regional Environmental Plan 1988 ) which do not exceed 14 metres in height.

(2) Where an application is made for consent to effect development to which this clause applies, the Council shall:

(a) serve written notice of the application on such persons as appear to it to own the land adjoining the site of the proposed development, and on such other persons as appear to it to own land the enjoyment of which, in the opinion of the Council, may be detrimentally affected if the development the subject of the application is carried out, and

(b) serve written notice of the application on such public authorities which, in the opinion of the Council, may or appear to it to have an interest in the determination of that application.

(3) A notice referred to in subclause (2) shall contain a statement to the effect that the application referred to in the notice, and any plans and specifications relating to the development to which the application refers and in the custody of the Council, may be inspected at the office of the Council, at any time during the hours specified in the notice (being the business hours of the Council) for a period of 14 days from the day on which notice of the application is served in accordance with that subclause.

(4) The Council shall permit any person to inspect the application during the period referred to in subclause (3) and any plans and specifications relating to the development referred to in the notice and in the custody of the Council and to make extracts or copies from them.

(5) At any time within the period during which an application may be inspected under subclause (4), objection to the granting of the application may be made in writing to the Council by any person or public authority:

(a) on whom the notice of the application has been served in accordance with paragraph (a) or (b) of subclause (2), or

(b) who contends that the existing or future amenity will be detrimentally affected if the development the subject of the application is carried out.

(6) The Council:

(a) shall not grant the application until after the expiration of the period during which an objection to the granting of the application may be made under subclause (5), and

(b) shall, where it deals with the application after the expiration of that period, in doing so consider any objection to the granting of the application so made and forthwith after dealing with the application notify, in writing, any objector of its decision on the application.

(7) This clause does not apply to:

(a) proposed development involving alterations or additions to any existing development where the alterations or additions are of a minor nature and do not to any significant extent adversely affect the existing or likely future amenity of the neighbourhood, or

(b) any proposed subdivision of land.