New South Wales Consolidated Regulations

WOLLONDILLY LOCAL ENVIRONMENTAL PLAN 1991 - SCHEDULE 8

SCHEDULE 8 – Special provisions for land at Wilton Park

(Clause 50)

1 Land to which Schedule applies

The provisions of this Schedule apply to Lot 101, DP 1045369, and Lot 6, DP 836296, near Wilton, as shown edged heavy black on the map marked “ Wollondilly Local Environmental Plan 1991 (Amendment No 56) ”.

2 Development control plan for the land

(1) Consent must not be granted to a development application relating to the land to which this Schedule applies unless a development control plan for the land has been approved by the consent authority.

(2) If the consent authority has not approved a development control plan for the land within 60 days after the date of publication in the Gazette of Wollondilly Local Environmental Plan 1991 (Amendment No 56) , the consent authority must determine any development application made in respect of the land after the expiration of that period even though no development control plan has been approved by the consent authority.

3 Residential development

(1) Consent must not be granted to a subdivision that creates an allotment if the consent authority is of the opinion that the allotment will be used for residential purposes unless the consent authority is satisfied that:

(a) the allotment is capable of being serviced by a reticulated sewerage system that allows treated water to be supplied to residences for watering gardens and to any golf course within the land to which this Schedule applies for the purpose of its irrigation, and

(b) the allotment will be supplied by an adequate water supply and serviced by an adequate reticulated sewerage system of the kind referred to in paragraph (a), and

(c) if the allotment includes land the surface of which is or, after any proposed filling has been carried out, will be below the 1 percent annual event probability post-mining flood level, appropriate flood control measures can be taken or imposed to ensure that any residential building on the allotment will not be detrimentally affected by flooding.

(2) Consent must not be granted to residential development:

(a) on land the surface of which is or, or after any proposed filling has been carried out, will be below the 1 percent annual event probability post-mining flood level, or

(b) if the floor level of any habitable part of a residential building resulting from the carrying out of the development will be less than the height above that flood level that is considered by the consent authority as adequate to avoid any adverse effect from flooding.

(3) Consent must not be granted to a subdivision for the purpose of residential development in the vicinity of a sewage treatment plant unless the consent authority:

(a) has considered an odour impact study:

(i) that identifies the land potentially affected by offensive odour from the plant, and

(ii) that is prepared in accordance with such relevant requirements of the consent authority, the Department of Environment and Conservation and Sydney Water Corporation, as have been notified to, and are available from, the council, and

(b) is satisfied that the development will be located at an appropriate distance away from the plant and in accordance with any guidelines adopted by the consent authority for the location of dwelling-houses in proximity to sewage treatment plants.

(4) Consent must not be granted to residential development unless the consent authority:

(a) has considered the likely impact on the proposed development of authorised underground coal mining operations in the vicinity, and

(b) has considered a report prepared by a suitably qualified and experienced coal geologist that examines the risk relating to geological anomaly within the coal resource under the land the subject of the proposed development, and

(c) is satisfied, after consultation with the Department of Primary Industries, that the proposed development is not likely to unduly constrain underground coal mining.

(5) Consent must not be granted to a subdivision for the purpose of residential development unless:

(a) the consent authority has considered any guidelines adopted by the consent authority for the location of dwelling-houses in proximity to gas drainage boreholes (being guidelines prepared by the consent authority after consultation with the Department of Primary Industries, the Department of Planning and the Department of Environment and Conservation), and

(b) the consent authority has considered, in consultation with the Department of Primary Industries, whether any exploration:

(i) that is required in the vicinity in connection with authorised underground coal mining operations, and

(ii) that the consent authority considers is likely to have an impact on or be impacted on, by the proposed development,

has been completed and, if not completed, the scheduled, and the likely, time for its completion, and

(c) the consent authority has considered, in consultation with the Department of Primary Industries, whether the proposed development is likely to unduly constrain the continuation or expansion of authorised underground coal mining operations in the vicinity, and

(d) the consent authority has identified, in consultation with the Department of Primary Industries, appropriate sites for air vent shafts and gas drainage boreholes, in connection with authorised underground coal mining operations, in approved locations on or in the vicinity of the land the subject of the proposed development.

(6) Consent must not be granted to development for the purpose of gas drainage infrastructure required in connection with authorised underground coal mining operations unless the consent authority is satisfied:

(a) that the infrastructure is or will be designed in accordance with industry best practice guidelines, where existing, and

(b) the infrastructure will be located in an approved location.

4 Further restriction on subdivision for purpose of residential development

(1) Consent must not be granted to a subdivision for the purpose of residential development that will create a lot with an area of less than 40 hectares unless:

(a) the Director-General has certified in writing to the council 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, and

(b) the provisions of any agreement for those or any other contributions relating to the proposed development have been complied with.

(2) The object of contributions referred to in subclause (1) (a) is to require assistance towards the provision of regional transport infrastructure and services to satisfy needs that will arise from intensive urban development of land to which this Schedule applies.

(3) The reference in subclause (1) to a lot of less than 40 hectares does not include a reference to any such lot:

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

(b) that is 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.

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

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

(6) This clause has effect despite any other provisions of this plan.

5 Development in vicinity of heritage items

(1) Consent must not be granted to the erection of a building or the carrying out of a work within 250 metres of a heritage item unless the consent authority has considered a conservation management plan for the item.

(2) Subclause (1) operates in addition to, and does not derogate from, any other provision of this plan relating to heritage items.

6 Definitions

In this Schedule:
"approved location" in relation to coal mining infrastructure (including air vent shafts and gas drainage boreholes) means:

(a) a location shown for such infrastructure on the map marked “ Wollondilly Local Environmental Plan 1991 (Amendment No 56) Coal Mining Infrastructure Map ”, or

(b) a location that has been approved by the Director-General of the Department of Primary Industries for such infrastructure.