Kiama Local Environmental Plan 1996
54Development along arterial roads
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54 Development along arterial roads
54 Development along arterial roads
(1) The Council shall not consent to an application to carry out development on land which has frontage to an arterial road unless—
(a) access to that land is provided by a road other than the arterial road, wherever practicable, and
(b) in the opinion of the Council, the safety and efficiency of the arterial road will not be adversely affected by—
(i) the design of the access to the proposed development, or
(ii) the emission of smoke or dust from the proposed development, or
(iii) the nature, volume or frequency of vehicles using the arterial road to gain access to the proposed development.
Note—
See the requirements of State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2 in relation to development applications for traffic-generating development.
(2) The Council shall not consent to the development of land within Zone No 1 (a), 7 (d), 7 (e) or 7 (f) for any purpose listed in State Environmental Planning Policy (Transport and Infrastructure) 2021, Schedule 3 if the development will have direct access to—
(a) an arterial road, or
(b) a road connecting an arterial road, where the access to that road is within 90 metres (measured along the road alignment of the connecting road) of the alignment of the arterial road,
and if alternative access is available from a road that is not an arterial road and can be provided at a distance greater than 90 metres from any intersection of that road with an arterial road.
cl 54: Am 2007 (641), Sch 5.19 [1] [2]; 2022 (72), Sch 1.22[2] [3].