New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 35

35 Temporary use of land

(1) Notwithstanding clause 32 (Land use matrix) but subject to subclauses (2)-(4), consent may be granted to the temporary use of any land or building for any purpose (including but not limited to an exhibition, concert, fair, sporting event, fete or market) provided the consent authority is satisfied that--

(a) the use will cease within a specified time, and

(b) suitable arrangements have been or will be made for the removal of any waste, or any temporary structures erected or works carried out in connection with the temporary use, and for the restoration of the land after the cessation of the temporary use, and

(c) the temporary use is reasonable having regard to the nature of the temporary use and the economic use of the land pending its development otherwise in accordance with this plan, and

(d) the temporary use will not unreasonably adversely affect residential amenity, and

(e) the temporary use would not be likely to unreasonably affect the economic viability of any village centre in the locality, and

(f) the objectives of the zone in which the land is located will not be compromised over the long term by the temporary use.

(2) Consent may be granted to the temporary use of any land or building for not more than 28 days, whether consecutive or non-consecutive, in any one year.

(3) Consent may be granted for a temporary use under this clause over a period of not more than 3 consecutive years, allowing the temporary use for not more than 28 days in each of those years.

(4) This clause does not apply where--

(a) the temporary use would be designated development, or

(b) the land proposed to be used for the temporary use is located in the Environmental Protection--Private zone or Environmental Protection--Open Space zone.

(5) Any requirement within this plan for the preparation of assessments, studies or plans may be waived where the consent authority is satisfied that the preparation of these assessments, studies or plans is unreasonable or unjustified having regard to the nature of the temporary use.