39BBDevelopment of certain land at Seven Mile Beach

39BB Development of certain land at Seven Mile Beach

39BB Development of certain land at Seven Mile Beach

(1) This clause applies to land shown edged heavy black on the map marked “City of Shoalhaven Local Environmental Plan 1985 (Amendment No 166)”.

(2) The Council shall not consent to an application to subdivide or otherwise carry out development of land to which this clause applies unless—

(a) it has considered plans and documentation showing how pollution is to be controlled which might arise from carrying out development on the allotments to be created by the proposed subdivision or from carrying out the other development, and

(b) if the proposed subdivision or other development is of, or on, an allotment abutting Seven Mile Beach National Park—it has considered plans and documentation showing the measures to be introduced to protect the natural values of that National Park, and

(c) subdivision of Lot 4, DP 713138 does not exceed twenty-eight lots plus one lot of approximately 13 hectares to be transferred to the Minister administering the National Parks and Wildlife Act 1974 in accordance with subclause (4), and

(d) subdivision of Lot 4, DP 604218 does not exceed fourteen lots plus one lot of approximately 53 hectares to be transferred to the Minister administering the National Parks and Wildlife Act 1974 in accordance with subclause (4).

(3) The provisions of clause 12 (3) (c) of this plan do not apply to land subject to this clause.

(4) Development Consent for any subdivision of Lot 4, DP 713138 or Lot 4, DP 604218 shall not be granted unless the Council is satisfied that arrangements have been made for the transfer to the Minister administering the National Parks and Wildlife Act 1974 under Part 11 of that Act, at no cost to that Minister, of the land identified on the map referred to in clause (1) as “area to be transferred for addition to Seven Mile Beach National Park”.

(5) Until development consent to the subdivision of the land to which this clause applies is granted in accordance with subclauses (2)–(4), development may be carried out on the land in accordance with this plan as if the land had continued to be zoned Rural “A” (Agricultural Production), notwithstanding the amendments made to this plan by City of Shoalhaven Local Environmental Plan 1985 (Amendment No 166).