New South Wales Consolidated Regulations

SUTHERLAND SHIRE LOCAL ENVIRONMENTAL PLAN 2006 - REG 9

9 Suspension of covenants and agreements

(1) For the purpose of enabling development to be carried out in accordance with this plan or in accordance with a development consent, any agreement, covenant or other similar instrument, to the extent necessary to serve that purpose, does not apply to the development.

(2) This clause does not apply to land in the following zones under this plan--

(a) Zone 1--Environmental Housing (Environmentally Sensitive Land),

(b) Zone 2--Environmental Housing (Scenic Quality),

(c) Zone 3--Environmental Housing (Bushland),

(d) Zone 4--Local Housing,

(e) Zone 5--Multiple Dwelling A,

(f) Zone 6--Multiple Dwelling B.

(3) This clause does not apply to--

(a) a covenant imposed by the Council or that the Council requires to be imposed, or

(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016 , or

(c) any conservation agreement within the meaning of the National Parks and Wildlife Act 1974 , or

(d) any Trust agreement within the meaning of the Nature Conservation Trust Act 2001 , or

(e) a covenant imposed in respect of land at Alfords Point, Barden Ridge, Bangor, Bonnet Bay, Illawong, Lucas Heights, Menai, Woronora Heights or Sylvania Waters to the extent that the covenant restricts the erection of front fences on the land, or

(f) a covenant imposed in respect of land facing the waterway at Sylvania Waters to the extent that the covenant restricts the erection of fences between the rear of any dwelling on the land and the waterway.

(4) This clause does not affect the rights or interests of any public authority under any agreement, covenant or other similar instrument.

(5) In accordance with section 28 of the Act, the Governor--

(a) approved of subclause (1) before this plan was made, and

(b) approved of Schedule 1 [5] to Sutherland Shire Local Environmental Plan 2006 (Amendment No 14) (to the extent that it provided for the application of this clause to land to which this clause did not apply before the commencement of Schedule 1 [5]) before Sutherland Shire Local Environmental Plan 2006 (Amendment No 14) was made.