91Development of certain land at Boydtown

91 Development of certain land at Boydtown

91 Development of certain land at Boydtown

(1) This clause applies to all of the land situated at Boydtown shown on sheet 30 of the zoning map, which is referred to in this clause as the Boydtown map.

(2) The objectives of this clause are—

(a) to enable development of tourist establishments at Boydtown for holiday purposes, and

(b) to ensure that development is consistent with the need to protect and conserve the environmental heritage of Boydtown.

(3) Notwithstanding any other provision of this plan, consent must not be granted for—

(a) a marina, boat landing facilities, a marine service centre, a boat shed, wharf or jetty, a building or place for dry storage of boats, or any other building or place used for, or in connection with, recreational boating activities unless it or they will be situated on that area of the land to which this clause applies shown cross hatched on the Boydtown map, or

(b) a boarding house, a dwelling house (other than a dwelling house used for a caretaker employed in connection with any development permissible within Zone 2 (c)) or multi unit housing (other than multi unit housing used only for holiday accommodation on land to which this clause applies within Zone 2 (c)).

(4) Notwithstanding any other provision of this plan except subclause (5), consent may be granted for development for the purpose of a road on land to which this clause applies within Zone 6 (a) or Zone 7 (f1) shown within a black dotted line on the Boydtown map.

(5) The Council must not grant consent as referred to in subclause (4) for development for the purpose of a road within Zone 7 (f1) unless it has taken into consideration—

(a) the extent to which the development would result in the degradation of, or restriction of access to, coastal recreation areas, and

(b) the extent to which the development would adversely affect the scenic qualities of the coastal landscape, and

(c) the potential impacts of climate change including sea level rise.

(6) (Repealed)

(7) Clause 46 (1) and (7) of Bega Valley Local Environmental Plan 1987 and the definitions of council and the map for that plan (in their application only to those provisions), as in force immediately before the commencement of this plan, are not repealed by this plan, despite clause 4.