New South Wales Consolidated Regulations

WINGECARRIBEE LOCAL ENVIRONMENTAL PLAN 1989 - REG 38F

38F Restrictions on granting of consent

(1) The council shall not grant consent pursuant to clause 38D or 38E unless it has made an assessment of the extent to which the carrying out of the development in accordance with the consent would affect the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of:

(a) the Joadja site as a whole, and

(b) individual items of environmental heritage, including items and places of aboriginal heritage, situated on that site.

(2) The council shall not grant consent pursuant to clause 38D unless provision, that the council is satisfied will be adequate, has been made for:

(a) the inclusion of the items of environmental heritage, as listed in Part 1 of Schedule 6, within a single allotment,

(b) the conservation of such of those items of environmental heritage as are listed in Part 2 of Schedule 6, together with their setting and their relationship with the whole Joadja site,

(c) a road through the Joadja site to which individual access roads are linked and fire trails which link either with individual access roads or a through road or both,

(d) a building site for a dwelling-house on each allotment so that:

• the dwelling-house will not be subject to flood inundation,

• the erection of the dwelling-house will require minimal removal of vegetation,

• the dwelling-house will not be erected on land which has previously been mined, whether or not beneath the surface level, or on land which is subject to mine subsidence,

• effluent waters and stormwater run-off arising from use of the dwelling-house will be disposed of without risk of significant contamination of the Joadja Creek system, and

• driveway access to the dwelling-house, and siteworks associated with the erection of the dwelling-house, will be carried out with minimal disturbance to the existing landform and without increasing the potential for erosion,

(e) road access to, from and through the land which is of a standard to meet likely user needs and which is carried out so as to ensure that no significant adverse impact on the environment arises from the provision of such access (such as a significant adverse impact on the water quality of the Joadja Creek system or on erosion of the land),

(f) the protection of the naturally occurring habitat of indigenous fauna, the natural unimpeded movement of fauna through the aquatic and riparian environment and thereby the minimisation of any threat to the ecological value of the Joadja Creek wildlife corridor,

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

(h) infrastructure to properly service the needs of the development that will be provided in such a way as to minimise any adverse impact on the environmental, ecological and heritage value of the Joadja site.