Bega Valley Local Environmental Plan 2002
28Development in Zone 2 (e)
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28 Development in Zone 2 (e)
28 Development in Zone 2 (e)
(1) This clause applies to all land within Zone 2 (e).
(2) Before granting consent for development on land to which this clause applies, the consent authority shall have regard to—
(a) where the land adjoins other land used for residential purposes, the manner in which the development relates to the residential development on the other land and to the maintenance and enhancement of the existing residential character and amenity, and
(b) where the proposed development is for retail or commercial purposes, the manner in which it supports the role and structure of the Eden town centre and its convenience to the community, and
(c) where appropriate, the likely consequences of the proposed development for the provision of industrial development opportunities in the area, and
(d) where the land is, according to information available to the Council, affected by flooding, whether the proposed development involves a risk to life or property in the event of a flood and whether it is likely to aggravate the effects of flooding on other land, and
(e) whether the proposed development is likely to create a traffic hazard or reduce the traffic-carrying efficiency of a road, particularly an arterial road, and
(f) the extent to which the proposed development complements and enhances the existing character of the town of Eden.
(3) Consent must not be granted to development on land to which this clause applies that adjoins or is adjacent to other land that is used or is to be used for residential purposes unless the consent authority is satisfied that—
(a) the elevation of any building has been designed to be compatible with residential development or the building will be suitably screened, and
(b) the development will allow a reasonable amount of sunlight to reach residential buildings and land used as private recreational open space between the hours of 9 am and 3 pm during the winter solstice, and
(c) noise from fixed sources or motor vehicles associated with the development will be effectively insulated or otherwise minimised, and
(d) the development will not otherwise cause nuisance to residents, by way of traffic movement, parking, headlight glare, security lighting or the like, and