New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 133

133 Development adjoining the Regional Transport Corridor

(1) Consent shall not be granted to development adjoining the Regional Transport Corridor unless the consent authority is satisfied that any habitable buildings are designed to incorporate appropriate noise attenuation measures to avoid impacts from any classified road or the railway.

(2) Consent shall not be granted to development on land requiring direct access to a road within the Regional Transport Corridor (Road) without the concurrence of the RTA.

(3) In particular, consent for development that would result in an increase in the number of access points to a road within the Regional Transport Corridor (Road) may be carried out only with the concurrence of the RTA.

(4) Consent shall not be granted to development on land adjoining a road within the Regional Transport Corridor (Road) unless--

(a) the setback of any buildings from the alignment or proposed alignment of the road within the Regional Transport Corridor (Road) is a minimum of 18 metres, or

(b) the consent authority is satisfied that the existing development on the land or the physical or functional circumstances of the land would warrant a lesser setback, and that this would not result in creation of a traffic hazard.

(5) In deciding whether to grant concurrence required by this clause to proposed development, the RTA shall take the following matters into consideration--

(a) the need to carry out development on the land for the purpose of classified roads or proposed classified roads, within the meaning of the Roads Act 1993 ,

(b) the imminence of acquisition,

(c) the likely additional cost to the RTA resulting from the carrying out of the proposed development.