New South Wales Consolidated Regulations

WAKOOL LOCAL ENVIRONMENTAL PLAN 1992 - REG 37

37 Murray Downs development

(1) This clause applies to land near Swan Hill, being Portions 13, 14, 15, 26, 27, 28, and 39, and that Part of Portions 59 and 63 west of the prolongation of the eastern boundary of Portion 26, Parish of Yellymong, County of Wakool.

(2) Notwithstanding any other provision of this plan, development may be carried out on land to which this clause applies, subject to subclause (3), with the consent of the Council, for any purpose except bulk stores, car repair stations, junk yards, liquid fuel depots, motor showrooms, industries, mines, roadside stalls, timber yards and warehouses.

(3) Development may be carried out on land to which this clause applies without the consent of the Council for the purposes of agriculture (other than agriculture within 20 metres of the bank of the Murray River).

(4) For the purpose of subclause (3), "agriculture" does not include the erection of a dwelling-house or subdivision.

(5) The Council shall not consent to development on land to which this clause applies unless it has made an assessment of:

(a) the extent to which the carrying out of the development would affect the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of any part of the land that is environmentally sensitive land, and

(b) the degree to which the development:

(i) exhibits a high architectural standard,

(ii) is sympathetic to the existing landscape features, and

(iii) maintains an attractive view from the Murray River.

(6) The Council shall not consent to the erection of a building, other than a building to be used for caravan park amenities, on land to which this clause applies below the Australian Height Datum of 69 metres above sea level:

(a) unless the land is protected by a levee bank constructed to the requirements of the Department of Water Resources and the floor level of the proposed building is constructed to a level not less than the Australian Height Datum of 69 metres above sea level, or

(b) if in the opinion of the Council, the carrying out of the development would be likely to significantly increase:

(i) the area of the land to be protected by a levee bank, and

(ii) public expenditure on flood mitigation measures.

(7) The Council, before determining any application required by this clause for consent to carry out a subdivision or the development of land for the purpose of tourist facilities, shall consult with the Council of the City of Swan Hill and shall take into consideration any representations made by that Council in relation to the proposed development.

(8) The Council shall not consent to the carrying out of any development on land to which this clause applies unless and until arrangements satisfactory to the Council of the City of Swan Hill have been made for the provision to such land of services of water and sewerage (where such services are provided by that Council).

(9) A person shall not erect a building on land to which this clause applies between the banks of the Murray River and the foreshore building line shown by a broken black line on the map and marked “foreshore building line”, except for a building which, in the opinion of the Council:

(a) is ancillary to development for the purposes of a tourist facility (other than holiday accommodation, caravan park, holiday cabins, hotel or motel), or

(b) is for the purposes of fisheries, irrigation works including the pumping and treatment of water for private domestic consumption), marina, utility installation or the servicing of vessels or sea planes.