New South Wales Consolidated Regulations

WOLLONGONG LOCAL ENVIRONMENTAL PLAN 1990 - REG 11

11 Restrictions on granting certain consents

(1) This clause applies to the granting of consent to a development application required to be advertised by item 4 of the Table to clause 9 and, pursuant to section 108 (3) of the Act, to the granting of consent to a development application made pursuant to Part 5 of the Environmental Planning and Assessment Regulation 2000 .

(1A) Any development that is the subject of a development application to which this clause applies is advertised development for the purposes of the Act.

(2) The Council shall not grant consent to a development application to which this clause applies unless it is satisfied that:

(a) the development is consistent with one or more of the objectives of the zone in which it is proposed that it be carried out,

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

(i) it provides a service primarily for the area,

(ii) it meets an urgent community need,

(iii) it comprises an owner-occupier operated small scale tourist related development,

(iv) the most exceptional circumstances apply,

(c) no more appropriately zoned site or (if appropriate) accommodation is available in reasonable proximity to the proposed development or the proposed development constitutes a change from an existing use, within the meaning of Division 10 of Part 4 of the Act,

(d) adequate car parking (if relevant) can be provided and any increase in traffic will be small compared to existing traffic,

(e) there will be minimal interference with the amenity of the area,

(f) the development is generally in character with the scale and ambience of the immediate area, and

(g) if the development will provide a service, there is a clear need for the service in the area.