Lord Howe Island Local Environmental Plan 2010
32Setbacks of buildings in Zone 1, 2 or 5
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32 Setbacks of buildings in Zone 1, 2 or 5
32 Setbacks of buildings in Zone 1, 2 or 5
(1) This clause applies to land within Zone 1 Rural, Zone 2 Settlement or Zone 5 Special Uses.
(2) Any building proposed to be erected on an allotment of land to which this clause applies must comply with the following requirements—
(a) if the allotment has one boundary adjoining a road—the building must be erected at least 10 metres from that boundary and at least 5 metres from any other boundary of the allotment,
(b) if the allotment has more than one boundary adjoining a road—the building must be erected at least 10 metres from one of those boundaries and at least 5 metres from any other boundary of the allotment,
(c) in any other case—the building must be erected at least 5 metres from any boundary of the allotment.
(3) Despite subclause (2), a proposed building (including any alteration to, or any enlargement or extension of, an existing building) that does not comply with the requirements set out in subclause (2) may be erected with the consent of the consent authority on land to which this clause applies if, in the consent authority’s opinion, compliance with the requirements would be unreasonable (for example, because of the physical constraints of the land) or unnecessary.