New South Wales Consolidated Regulations

WOLLONDILLY LOCAL ENVIRONMENTAL PLAN 1991 - REG 46

46 Development of certain land at Appin Road, Appin

(1) This clause applies to Lot D, DP 162904, Lot 12, DP 752012, Lots 1 and 2, DP 598534, Lots 1 and 2, DP 819972 and Lot 100, DP 555116, Appin Road, Appin, as shown edged heavy black on the map marked “ Wollondilly Local Environmental Plan 1991 (Amendment No 59) ”.

(2) Despite any other provision of this plan, a person may, with the consent of the council, carry out development on land within Zone No 2 (a) (Residential “A” Zone) or Zone No 7 (f) (Environmental Protection “F” (Biodiversity Conservation) Zone) for the purpose of the underground extraction of coal and other minerals.

(3) The council must not consent to the subdivision of land within Zone No 2 (a) (Residential “A” Zone) unless arrangements satisfactory to the Sydney Water Corporation have been made for the provision of water supply and reticulated sewerage services to the land.

(4) The council must not consent to the subdivision of the land within Zone No 2 (a) (Residential “A” Zone) or the erection of any residential building on that land unless it is satisfied that the underground extraction of coal and other minerals and the effects of subsidence are complete.

(5) The council must not consent to the subdivision of land to which this clause applies that will create a lot with an area of less than 40 hectares unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made for contributions to the provision of regional transport infrastructure and services in relation to the land comprising that lot.

(6) The object of contributions referred to in subclause (5) is to require assistance towards the provision of regional transport infrastructure and services to satisfy needs that will arise from urban development of land to which this clause applies.

(7) The reference in subclause (5) to a lot of less than 40 hectares does not include a reference to any such lot that is:

(a) identified in the certificate of the Director-General as a residue lot, or

(b) proposed in the development application to be reserved or dedicated for public open space, public roads, public utilities, educational facilities or any other public purpose.

(8) This clause does not apply to a subdivision of land for the purpose of rectifying an encroachment on any existing allotment.

(9) State Environmental Planning Policy No 1-Development Standards does not apply to development to which this clause applies.

(10) Nothing in this clause permits the subdivision of land or the erection of residential buildings in a zone other than Zone No 2 (a) (Residential “A” Zone).