28Danger of bush fire

28 Danger of bush fire

28 Danger of bush fire

(1) The Council must not grant consent to the carrying out of development on bush fire prone land if it is of the opinion that—

(a) the development may have a significant adverse effect on the implementation of—

(i) any strategies for bush fire hazard reduction or risk management adopted by the Council, or

(ii) any relevant provisions of the Act or the Rural Fires Act 1997, and

(b) the development, including the arrangements for access to and from the development, may constitute a significant threat to the lives of residents, visitors or emergency services personnel, and

(c) the development may give rise to an increased demand for emergency services during bush fire events that will result in a significant decrease in the ability of the emergency services to effectively control major bush fires.

Note—

Section 146 of the Act provides that bush fire prone land is land recorded by the Council as such on a map certified by the Commissioner of the NSW Rural Fire Service as a bush fire prone land map for the area of the Council.

(2) The Council must not grant consent to the carrying out of development on bush fire prone land unless it is satisfied that adequate measures are proposed to avoid or mitigate the threat from bush fire, having regard to—

(a) the siting of the development, and

(b) the design of, and the materials used in, any structures involved in the development, and

(c) the clearing of vegetation, and

(d) the provision of asset protection zones, landscaping and fire control aids (such as roads and water supplies).

(3) Before deciding to grant consent to any development on bush fire prone land, the Council—

(a) must have regard to the requirements set out in Planning for Bush Fire Protection, and

(b) must be satisfied that those requirements will be met as far as is practicable in the circumstances.

(4) The Council must not consent to the erection of any building on the following land within the set-backs identified by building lines on the map describing that land—