(1) Despite any other provision of this plan except this clause, consent must not be granted to the erection of a dwelling house on an allotment in Zone 1 (a) unless the land:
(a) comprises an allotment of not less than 120 hectares, or (b) comprises an allotment created for the purpose of a dwelling house by a subdivision for which consent has been granted, (c) comprises an allotment identified as the residue in a subdivision for which consent has been granted for the excision of allotments for the purpose of a dwelling house, or (d) comprises an existing holding on which there is no other dwelling house and the consent authority is satisfied that:
(i) the land is of sufficient size and the soils are of appropriate quality for the effective on-site disposal of domestic waste, and (ii) the erection of a dwelling house will not create or increase any demand for the uneconomic provision or upgrading of roads and other utilities to that land. (2) Notwithstanding any other provision of this clause, consent may be granted to the erection of a dwelling house on an allotment (including a portion of a Parish or a lot in a Crown plan) within Zone 1 (a) that was lawfully created prior to 7 January 1966 and that is not an existing holding if the consent authority is satisfied that:
(a) the erection of the dwelling house will not create any substantial conflict with the objectives of the zone, and (b) the erection of a dwelling house will not create or increase demand for the uneconomic provision of services to the locality, and (c) (3) (4) Consent may be granted to a development application made pursuant to subclause (2) for land within an existing holding that at 1 July 2000 was owned separately from any other land within the existing holding, even where that development application does not comply with one or more of paragraphs (d), (e), (f), (g), (h) and (l) of subclause (5) if a dwelling house was otherwise permissible on the land immediately prior to the commencement of this plan.
Note— Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act. (1) The owner of any land within Zone 9 (c) may, by notice in writing, require the Roads and Traffic Authority ( the RTA ) to acquire the land.
(1) The following development may be carried out only with development consent:
(a) demolishing, defacing or damaging a heritage item, (b) altering a heritage item by making structural changes to its interior, (c) altering a heritage item by making structural or non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect its heritage significance, (d) moving the whole or part of a heritage item, (e) moving a relic, or excavating land for the purpose of discovering, exposing or moving a relic, or (f) disturbing or excavating a place of Aboriginal heritage significance or an archaeological site while knowing or having a reasonable cause to suspect that the disturbance or excavation is likely to result in a relic being damaged, disturbed or excavated, or (g) erecting a building on, or subdividing, land on which a heritage item is located. (2) What exceptions are there? Development consent is not required by this clause if:
(a) in the opinion of the Council:
(i) the proposed development is of a minor nature or consists of maintenance of the heritage item, and (ii) the proposed development would not adversely affect the significance of the heritage item, and (b) the proponent has notified the consent authority in writing of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development consent is not otherwise required by this plan.
(1) The land described in Part 2 of Schedule 2 is classified or reclassified as operational land for the purposes of the . Local Government Act 1993
(1) Consent usually required A person shall not, without development consent, carry out works described in the following Table on land of the class specified for those works, except as provided by subclause (3).
|
Class of land as shown on acid sulfate soils planning maps Works |
1 Any works |
2 Works below natural ground surface Works by which the watertable is likely to be lowered |
3 Works beyond 1 metre below natural ground surface Works by which the watertable is likely to be lowered beyond 1 metre below natural ground surface |
4 Works beyond 2 metres below natural ground surface Works by which the watertable is likely to be lowered beyond 2 metres below natural ground surface |
5 Works within 500 metres of adjacent Class 1, 2, 3 or 4 land which are likely to lower the watertable below 1 metre AHD on adjacent Class 1, 2, 3 or 4 land
(1) This clause applies to all of the land situated at Boydtown shown on sheet 30 of the zoning map, which is referred to in this clause as the Boydtown map .(2) The objectives of this clause are:
(a) to enable development of tourist establishments at Boydtown for holiday purposes, and (b) to ensure that development is consistent with the need to protect and conserve the environmental heritage of Boydtown. (3) Notwithstanding any other provision of this plan, consent must not be granted for:
(a) a marina, boat landing facilities, a marine service centre, a boat shed, wharf or jetty, a building or place for dry storage of boats, or any other building or place used for, or in connection with, recreational boating activities unless it or they will be situated on that area of the land to which this clause applies shown cross hatched on the Boydtown map, or (b) a boarding house, a dwelling house (other than a dwelling house used for a caretaker employed in connection with any development permissible within Zone 2 (c)) or multi unit housing (other than multi unit housing used only for holiday accommodation on land to which this clause applies within Zone 2 (c)). (4) Notwithstanding any other provision of this plan except subclause (5), consent may be granted for development for the purpose of a road on land to which this clause applies within Zone 6 (a) or Zone 7 (f1) shown within a black dotted line on the Boydtown map. (5) The Council must not grant consent as referred to in subclause (4) for development for the purpose of a road within Zone 7 (f1) unless it has taken into consideration:
(a) the extent to which the development would result in the degradation of, or restriction of access to, coastal recreation areas, and (b) the extent to which the development would adversely affect the scenic qualities of the coastal landscape, and (c) the potential impacts of climate change including sea level rise. (6)
(1) This clause applies to Lot 32, DP 243029 and Lot 1196, DP 613596, corner of Sapphire Coast Drive and Tura Beach Drive, Tura Beach, as shown edged heavy black and lettered “3 (a)” on the map marked “ ”. Bega Valley Local Environmental Plan 2002 (Amendment No 4)