Lord Howe Island Local Environmental Plan 2010
10Development not prohibited, or otherwise restricted, by this Plan
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10 Development not prohibited, or otherwise restricted, by this Plan
10 Development not prohibited, or otherwise restricted, by this Plan
(1) Nothing in this Plan prohibits, requires development consent for, or otherwise restricts, the following—
(a) exempt development that is identified in clause 9 (1),
(b) the use by the Crown of any building that was in existence, and was under the control of the Crown, on the commencement of this Plan,
(c) the carrying out of the following by or on behalf of a roads authority (within the meaning of the Roads Act 1993)—
(i) the maintenance or repair of a road, of a traffic device (including a traffic calming device and a device for guiding vehicular traffic or regulating parking) or of bank stabilisation works,
(ii) works associated with the maintenance and repair of a road (including sealing, landscaping, gutter works and drainage works),
(d) the carrying out of the following by persons carrying out public utility undertakings on land comprised in those undertakings—
(i) any development required for the purposes of those undertakings that includes the reconstruction, alteration, maintenance and repair of ways, wharves, works and plant,
(ii) the reconstruction or alteration of any existing building for any purpose related to the undertaking,
(e) the carrying out of environmental protection works by or on behalf of the Board,
(f) the carrying out of coastal protection works by or on behalf of the Board.
(2) Subclause (1) (d) does not apply to the following—
(a) the construction of a new building or a new work, such as an airport, wharf or way, that is related to a public utility undertaking,
(b) the erection, reconstruction or alteration of a building so as to materially affect its design or external appearance,
(c) the formation or alteration of any means of access to a road.
(3) In this clause—
coastal protection works has the same meaning as in the .