Land to which Part applies
1 Land to which Part applies
This Part applies to development on land in Zone C4 Environmental Living.
This Part does not apply to development on land—
identified on the Acid Sulfate Soils Map as being Class 1 or Class 2, or
identified as being within the foreshore area, or
that is contaminated land, or
that is identified as “Environmentally Sensitive Land” on the Groundwater Vulnerability Map, the Natural Landform Map, the Riparian Land and Watercourses Map or the Terrestrial Biodiversity Map, or
that is, or on which there is—
a heritage item, or
a draft heritage item (that is, a building, work, archaeological site, tree, place or aboriginal object identified as a heritage item in a draft local environmental plan that amends this Plan and that has been subject to community consultation under section 57 of the Act), or
an item that is listed on the State Heritage Register under the Heritage Act 1977, or
an item that is subject to an interim heritage order under the Heritage Act 1977, or
a nominated State heritage item.
Note.
Clause 3.3 of this Plan provides that complying development must not be carried out on any environmentally sensitive area (within the meaning of that clause).
This Part does not apply to development on land that is—
bush fire prone land or bush fire interface property, and
land in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ).
Note.
More information about the categories of bush fire attack, including the flame zone, can be found in Table A1.7 of Planning for Bush Fire Protection.
For the purposes of this Part, land is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ) if the Council or a person recognised by the NSW Rural Fire Service as a suitably qualified consultant in bush fire risk assessment determines, in accordance with the methodology specified in Planning for Bush Fire Protection, that the land is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ).
In this Part—
bush fire attack level-40 (BAL-40) and flame zone (BAL-FZ) have the same meanings as in AS 3959:2018, Construction of buildings in bushfire-prone areas.
bush fire interface property means a lot identified as bush fire interface property by a development control plan made by the Council for the purposes of this Part and in force on 22 January 2016.
Planning for Bush Fire Protection means the document prescribed by the Environmental Planning and Assessment Regulation 2021, section 271.
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