New South Wales Consolidated Regulations

WOLLONGONG LOCAL ENVIRONMENTAL PLAN NO 38 - REG 34

34 Advertisement of certain applications

(1) The provisions of sections 84, 85, 86, 87 (1) and 90 of the Act apply to and in respect of:

(a) development carried out on land within Zone No 2 (e) for any purpose other than that of a dwelling-house,

(b) development for the purposes of a residential flat building,

(c) the demolition of a building or work that is an item of the environmental heritage, and

(d) the use of a building or land referred to in clause 33 (2) for a purpose which, but for clause 33, would be prohibited under this plan,

in the same manner as those provisions apply to and in respect of designated development.

(2) For the purposes of subclause (1), section 84 (4) of the Act shall be construed as if the reference therein to an environmental impact statement were omitted.

(3) Subclause (1) (c) does not apply to the partial demolition of a building or work where, in the opinion of the council, the partial demolition is of a minor nature and does not adversely affect the significance of the building or work as an item of the environmental heritage.