New South Wales Consolidated Regulations

TWEED LOCAL ENVIRONMENTAL PLAN 2000 - REG 8

8 Consent considerations

(1) The consent authority may grant consent to development (other than development specified in Item 3 of the Table to clause 11) only if:

(a) it is satisfied that the development is consistent with the primary objective of the zone within which it is located, and

(b) it has considered those other aims and objectives of this plan that are relevant to the development, and

(c) it is satisfied that the development would not have an unacceptable cumulative impact on the community, locality or catchment that will be affected by its being carried out or on the area of Tweed as a whole.

(2) The consent authority may grant consent to development specified in Item 3 of the Table to clause 11 only if the applicant demonstrates to the satisfaction of the consent authority that:

(a) the development is necessary for any one of the following reasons:

(i) it needs to be in the locality in which it is proposed to be carried out due to the nature, function or service catchment of the development,

(ii) it meets an identified urgent community need,

(iii) it comprises a major employment generator, and

(b) there is no other appropriate site on which the development is permitted with consent development (other than as advertised development) in reasonable proximity, and

(c) the development will be generally consistent with the scale and character of existing and future lawful development in the immediate area, and

(d) the development would be consistent with the aims of this plan and at least one of the objectives of the zone within which it is proposed to be located.

(3) Development referred to in subclause (2) which, in the opinion of the consent authority, meets the criteria of that subclause is identified as advertised development for the purposes of the Act.