New South Wales Consolidated Regulations

SEVERN LOCAL ENVIRONMENTAL PLAN 2002 - REG 19

19 What restrictions apply to development near aerodromes?

(1) A person shall not, on land within 500 metres of the perimeter of an aerodrome:

(a) erect a building of a height that exceeds the limitation specified by the Council, or

(b) carry out development for the purpose of:

(i) a dam or reservoir, or

(ii) the handling or storage of grain or growing of a grain crop, or

(iii) the disposal of refuse, or

(iv) a sewage treatment plant or effluent ponds (or both), or

(v) an abattoir, or

(vi) a stock yard complex,

except with development consent.

(2) An application made for development consent to carry out any development described in subclause (1) shall be referred to the relevant Commonwealth aviation authority for comment where a building exceeds the height specified in relation to the Obstacle Limitation Surface (such surface being calculated by the Council from information provided by that aviation authority).

(3) In considering whether to grant consent to any development described in subclause (1), the consent authority shall take into account any comment furnished to the consent authority by the relevant Commonwealth aviation authority within 28 days (or such longer period as may be agreed upon between them from time to time before the expiration of the 28 day or any extended period) after referral of the application.

(4) A person shall not, without development consent, erect a building in an area for which an Australian Noise Exposure Forecast has been prepared that is available from the Council.

(5) Consent must not be granted to the erection of a building in such an area unless the consent authority is satisfied that measures which are adequate for the insulation of the building from aircraft noise can and will be taken in accordance with the relevant Australian Standards.