New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 126

126 Special use

(1) Consent shall not be granted to development for the purpose of a special use, being the special use designated for that land on Map Panel C, or to development ancillary or incidental to that special use, unless the proposed development--

(a) is to be carried out by a public authority, institution, organisation or the Council, and

(b) complies with the objectives for a special use within subclause (2).

(2) The objectives for development for the purposes of a special use are--

(a) to provide a community service, public facility or infrastructure, and

(b) to ensure development incorporates measures to mitigate any adverse impact on the environment, and

(c) to ensure development does not have an unreasonably adverse effect on residential amenity by way of scale, height, noise, light, dust or traffic generation.

(3) The consent authority may consent to development subject to this clause even if it contravenes a development standard set by this plan, where the consent authority is satisfied that the development is subject to Part 5A of the Act (Development by the Crown).

(4) The consent authority may consent to development subject to this clause even if it contravenes a development standard set by Division 1 of Part 2 (Locality management), where the consent authority is satisfied that the development--

(a) complies with the zone objectives within Division 2 of Part 2 (Locality management) that apply to the land, and

(b) complies with the objectives for a special use within subclause (2).

(5) Consent shall not be required for development carried out by or on behalf of the Commonwealth Department of Defence for the purpose of defence or for a purpose ancillary or incidental to defence on that land shown on Map Panel C by distinctive colouring as being subject to a Special Use--Defence.