New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 94

94 General provision of services

(1) The consent authority shall not consent to development requiring--

(a) drainage, or

(b) the provision of an electricity power supply, or

(c) water supply or water storage, or

(d) disposal of wastewater,

unless it is satisfied that adequate arrangements can be made for that service or services to be reasonably provided without unacceptable impact on the environment or the community.

(2) Before granting consent to the carrying out of development, the consent authority shall take into account the requirements of the Sydney Water Corporation, where the land to which that development relates is serviced by that Corporation.

(3) Consent shall not be granted to development of a kind which the Council has been required by an environmental planning instrument to refer to the Regulatory Authority (within the meaning of the Water NSW Act 2014 ) unless--

(a) where on-site disposal of wastewater is proposed, the applicant has furnished the consent authority with a study that complies with clause 96 (Water cycle management study) to establish that the land is capable of sustaining such a means of disposal, or

(b) satisfactory arrangements can be made with Sydney Water Corporation for the provision of water and sewerage facilities.

(4) Subject to clause 48 (Protected Area--Water Supply Catchment) and clause 95 (Provision of services for specific land uses), the consent authority shall not consent to development that requires the disposal of wastewater, unless--

(a) the development is to be connected to a reticulated sewerage system, or

(b) where connection to a reticulated sewerage system is not available, the consent authority is satisfied by means of a report that complies with clause 97 (Geotechnical and water balance report) that the wastewater may be effectively disposed of on that part of the site on which the development is permissible.

(5) Should development be subject to subclauses (3) (a) and (4) (b) a combined study may be prepared and submitted to the consent authority that complies with clause 96 (Water cycle management study) and clause 97 (Geotechnical and water balance report).