New South Wales Consolidated Regulations

WINGECARRIBEE LOCAL ENVIRONMENTAL PLAN 1989 - REG 16AA

16AA Commercial gardens within Zone No 1 (a)

(1) This clause applies to land within Zone No 1 (a).

(2) In determining an application for consent for the purpose of a commercial garden, the Council must take into account whether carrying out the development will adversely affect the quality of local waterways or wetlands and, in particular, whether adequate provision has been made:

(a) for stormwater and floodwater runoff arising from the development to be disposed of without any risk of contamination to the local river system, and in such a way as to ensure that there is no overall adverse impact on water quality, and

(b) for the development to be carried out in accordance with a soil, water and erosion management plan, and

(c) for the establishment of a riparian buffer zone and vegetation belt located on the land in such a way as to assist in preventing nutrient runoff and water quality degradation, and

(d) for the protection of groundwater in the locality from degradation and contamination in such a way as to ensure that there is no overall adverse impact on groundwater quality, and

(e) for the commercial garden to be set back at least 150 metres from any watercourse.

(3) In determining an application for consent to the carrying out of development for the purpose of a commercial garden the Council must take into account whether adequate provision has been made for:

(a) all car and coach parking associated with the development, and

(b) its operation between the hours of 8.00 am and 6.00 pm only, and

(c) a limitation on the number of visitors to the commercial garden in consideration of the impact of the development on the amenity of the neighbourhood, and

(d) the retention of existing, significant vegetation on the site.

(4) Any off-site signage in relation to a commercial garden may be erected only with development consent granted in accordance with the Council’s Tourism Signage Policy (available for inspection at the office of the Council).