38BDevelopment of land at North Ocean Shores within Zone Nos 1 (b1) and 7 (k)

38B Development of land at North Ocean Shores within Zone Nos 1 (b1) and 7 (k)

38B Development of land at North Ocean Shores within Zone Nos 1 (b1) and 7 (k)

(1) This clause applies to certain land at North Ocean Shores, being within Zone No 1 (b1) or 7 (k) and shown as cross-hatched on the map marked “Byron Local Environmental Plan 1988 (Amendment No 51)”.

(2) The objective of this clause is to ensure that the use and other development of land adjacent to areas of significant vegetation, or wildlife habitat, or in a potential wildlife corridor, does not result in any degradation of that significant vegetation, wildlife habitat or potential wildlife corridor, and that any such development conserves, protects and enhances the value of the flora or fauna or the potential wildlife corridor concerned.

(3) Clause 38A does not apply to land to which this clause applies if it is developed in accordance with a property management plan submitted to the council if—

(a) (Repealed)

(b) the property management plan addresses all the matters referred to in clause 38A(3), and

(c) the property management plan addresses the manner in which any potential wildlife corridor concerned and habitat values are to be protected and enhanced, and

(d) the property management plan takes into consideration the guiding principles of sustainable development.

(4) In this clause, property management plan means a plan prepared in accordance with the guidelines set out in Property Planning, How to Produce a Physical Property Plan published in 1995 by NSW Agriculture.

cl 38B: Ins 27.2.1998. Am 2008 (571), Sch 3.26 [11].