7Earthworks

7 Earthworks

7.1 Earthworks

(1) The objectives of this clause are—

(a) to ensure earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items and features of the surrounding land, and

(b) to allow earthworks of a minor nature without requiring separate development consent.

(2) Development consent is required for earthworks unless—

(a) the work is exempt development under—

(i) this Plan, or

(ii) another applicable environmental planning instrument, or

(b) the work is ancillary to other development for which development consent has been granted.

(3) In deciding whether to grant development consent for earthworks, or for development involving ancillary earthworks, the consent authority must consider the following matters—

(a) the likely disruption of, or the detrimental effect on, drainage patterns and soil stability in the locality of the development,

(b) the effect of the development on the likely future use or redevelopment of the land,

(c) the quality of the fill or the soil to be excavated, or both,

(d) the effect of the development on the existing and likely amenity of adjoining properties,

(e) the source of the fill material and the destination of the excavated material,

(f) the likelihood of disturbing relics,

(g) the proximity to, and potential for adverse impacts on, a waterway, drinking water catchment or environmentally sensitive area,

(h) appropriate measures to avoid, minimise or mitigate the impacts of the development.

Note—

The National Parks and Wildlife Act 1974, particularly section 86, deals with harming Aboriginal objects.