39FDevelopment on certain land at Yalwal

39F Development on certain land at Yalwal

39F Development on certain land at Yalwal

(1) This clause applies to land shown edged heavy black on the map marked “City of Shoalhaven Local Environmental Plan 1985 (Amendment No 186)”.

(2) The Council must not grant consent to development for the purpose of a dwelling (including a tourist accommodation unit) on land that is within 40 metres of Danjera Dam or any natural watercourse measured as the shortest distance between the boundary of the development site and—

(a) the top of the high bank, if present, or

(b) if no high bank is present, then—

(i) the mean high water mark in tidal waters, or

(ii) the mean water level in non-tidal waters.

(3) The Council may consent to development for the purpose of a tourist related use (other than a tourist accommodation unit) on land that is within 40 metres of Danjera Dam or any natural watercourse measured in accordance with subclause (2), but only if the Council is satisfied that the proposed use—

(a) is ancillary to a tourist facility, and

(b) is passive in nature, and

(c) will not have a detrimental effect on water quality in Danjera Dam.

(4) The Council must not grant consent to the carrying out of development involving the disposal of effluent directly into the ground water system unless the Council is satisfied that the disposal will not have a detrimental effect on the water quality of Danjera Dam.

cl 39F: Ins 23.8.2002.