New South Wales Consolidated Regulations

WYONG LOCAL ENVIRONMENTAL PLAN 1991 - REG 46

46 Development of certain land near Warnervale Airport

(1) A person shall not, on land within the 51 metre AHD Height Limitation Area shown on the map:

(a) erect a building or structure of a height that exceeds the height limitations shown on the map, or

(b) carry out development for the purposes of:

(i) a dam or reservoir (not being a water storage dam for a Public Authority),

(ii) the handling of storage of grain,

(iii) the disposal of refuse,

(iv) an abattoir,

(v) a stock and sale yard, or

(vi) intensive agriculture,

except with the consent of the Council.

(2) An application made for development consent to carry out any development described in subclause (1) (a) shall be referred to the Civil Aviation Safety Authority for comment where a building exceeds the relevant height specified in the Obstacle Limitation Surface Plan for land in the vicinity of Warnervale Aerodrome, prepared in consultation with the Civil Aviation Safety Authority.

(3) In this clause, "Obstacle Limitation Surface Plan" means a plan prepared in consultation with the Civil Aviation Safety Authority, adopted by the Council and deposited in the office of the Council.

(4) In considering whether to grant consent to the development referred to in subclause (2), the Council shall take into account any comment furnished by the Civil Aviation Safety Authority within 28 days (or such longer period as may be agreed upon from time to time before or after the expiration of the 28-day period) after referral of the application.