New South Wales Consolidated Regulations

WARRINGAH LOCAL ENVIRONMENTAL PLAN 2000 - REG 15

15 Does Category Three development involve extra procedures?

(1) Consent may be granted to development classified as Category Three only if the consent authority has considered a statement of environmental effects that includes the items listed in Schedule 15.

(2) The consent authority must not grant consent to an application that includes development classified as Category Three unless the consent authority has considered the findings and recommendations of an independent public hearing into the application, including reasons for its recommendations.

(3) The independent public hearing is to be convened by the Council or its delegate. The purpose of the independent public hearing is:

(a) to provide a forum for allowing interested parties an opportunity to be heard openly by an independent panel, and

(b) to undertake an independent assessment of the proposed development classified as Category Three.

(4) An independent public hearing is to be convened and conducted, and make findings and recommendations, in accordance with such procedures as may be determined by the Council.

(5) Nothing in this clause affects any right of appeal conferred by section 97 of the Act.