46Consent required for certain development

46 Consent required for certain development

46 Consent required for certain development

(1) Notwithstanding any other provision of this plan, a person shall not carry out development on land within a Special Rural Lifestyle Area or clear any of the land of vegetation or trees without the consent of the Council.

(2) When considering an application to develop land within a Special Rural Lifestyle Area, the Council shall take into account the objectives of the Special Rural Lifestyle Area contained in Schedule 10.

(3) Notwithstanding any other provision of this plan (subclause (4) excepted), the Council may consent to an application for consent to subdivide land for development or to carry out development on land within a Special Rural Lifestyle Area provided the Council is satisfied that the subdivision or development is in accordance with the objectives of that Special Rural Lifestyle Area.

(4) The Council shall not consent to an application to subdivide land within a Special Rural Lifestyle Area unless—

(a) a contour survey satisfactory to the Council has been carried out in respect of the whole of the land proposed to be subdivided which also shows existing buildings, vegetation, water courses, dams, roads and public utility services, and

(b) an environmental impact report has been submitted to the Council which assesses the land’s capability and whether the proposed development is contrary to the public interest, and

(c) the ratio of depth to frontage of the proposed lots is satisfactory to the Council, and

(d) it has been demonstrated that the objectives set out in Schedule 10 for the Special Rural Lifestyle Area have been met in any proposal for subdivision and any other development.

(4A) The Council must not consent to the subdivision of, or to the carrying out of other development on, land within Special Rural Lifestyle Area 11 or 12 (Tallow Wood Road, West Burrill Lake) unless the Council has taken into consideration a proposed plan, prepared by or on behalf of the applicant for consent, for the control of pollution which might arise from—

(a) carrying out development on the allotments to be created by the proposed subdivision, or

(b) carrying out the other development.

(5) The objectives of a Special Rural Lifestyle Area are set out in Schedule 10 under the heading “Objectives of Special Rural Lifestyle Area” appearing opposite the number of the Special Rural Lifestyle Area shown on the map.