New South Wales Consolidated Regulations
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BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 9A
Exceptions to development standards
9A Exceptions to development standards
(1) The objectives of this clause are as follows-- (a) to provide an
appropriate degree of flexibility in applying certain development standards to
particular development,
(b) to achieve better outcomes for and from
development by allowing flexibility in particular circumstances.
(2)
Development consent may, subject to this clause, be granted for development
even though the development would contravene a development standard imposed by
this or any other environmental planning instrument. However, this clause does
not apply to a development standard that is expressly excluded from the
operation of this clause.
(3) Development consent must not be granted for
development that contravenes a development standard unless the consent
authority has considered a written request from the applicant that seeks to
justify the contravention of the development standard by demonstrating-- (a)
that compliance with the development standard is unreasonable or unnecessary
in the circumstances of the case, and
(b) that there are sufficient
environmental planning grounds to justify contravening the development
standard.
(4) Development consent must not be granted for development that
contravenes a development standard unless-- (a) the consent authority is
satisfied that-- (i) the applicant's written request has adequately addressed
the matters required to be demonstrated by subclause (3), and
(ii) the
proposed development will be in the public interest because it is consistent
with the objectives of the particular standard and the objectives for
development within the zone in which the development is proposed to be carried
out, and
(b) the concurrence of the Planning Secretary has been obtained.
(5) In deciding whether to grant concurrence, the Planning Secretary must
consider-- (a) whether contravention of the development standard raises any
matter of significance for State or regional environmental planning, and
(b)
the public benefit of maintaining the development standard, and
(c) any other
matters required to be taken into consideration by the Planning Secretary
before granting concurrence.
(6) Development consent must not be granted
under this clause for a subdivision of land in the Environmental
Protection--Private zone, Environmental Protection--Open Space zone or
Living--Bushland Conservation zone if-- (a) the subdivision will result in 2
or more lots of less than the minimum area specified for such lots by a
development standard, or
(b) the subdivision will result in at least one lot
that is less than 90% of the minimum area specified for such a lot by a
development standard.
(7) After determining a development application made
pursuant to this clause, the consent authority must keep a record of its
assessment of the factors required to be addressed in the applicant's written
request referred to in subclause (3).
(8) This clause does not allow
development consent to be granted for development that would contravene any of
the following-- (a) a development standard for complying development,
(b) a
development standard that arises, under the regulations under the Act, in
connection with a commitment set out in a BASIX certificate for a building to
which State Environmental Planning Policy (Building Sustainability Index:
BASIX) 2004 applies or for the land on which such a building is situated,
(c)
clause 90(9) (which relates to the area of a development space within the
Living--Bushland Conservation zone),
(d) the provisions of Schedule 1 that relate to "site coverage" or
"development density" and apply to development of land within the
Village--Housing zone.
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