96Bush fire prone land

#### 96 Bush fire prone land 96 Bush fire prone land > > (1) A consent authority must not consent to development under this Part on relevant bush fire prone land unless the consent authority is satisfied the development complies with the requirements of Planning for Bushfire Protection. > > > (2) In determining a development application for development under this Part on land near relevant bush fire prone land, the consent authority must— > > > > > (a) consult with the NSW Rural Fire Service and consider its comments, and > > > > > (b) consider the following including— > > > > > > > (i) the location of the development, > > > > > > > (ii) the means of access to and egress from the location, > > > > > > > (iii) the size of the existing population within the area, > > > > > > > (iv) age groups within the population and the number of persons within the age groups, > > > > > > > (v) the number of hospitals and other facilities providing care to the residents of the facilities within the area, and the number of beds within the hospitals and facilities, > > > > > > > (vi) the number of schools within the area and the number of students at the schools, > > > > > > > (vii) existing seniors housing within the area, > > > > > > > (viii) the road network within the area and the capacity of the road network to cater for traffic to and from existing development if there were a need to evacuate persons from the area in the event of a bush fire, > > > > > > > (ix) the adequacy of access to and from the site of the development for emergency response vehicles, > > > > > > > (x) the nature, extent and adequacy of bush fire emergency procedures that can be applied to the development and its site, > > > > > > > (xi) the requirements of Fire and Rescue NSW. > > > (3) In this section— > > > > relevant bush fire prone land means bush fire prone land identified on a bush fire prone land map, certified under the Act, section 10.3, as the following— > > > > > (a) “Bush fire prone land—vegetation category 1”, > > > > > (b) “Bush fire prone land—vegetation category 2”, > > > > > (c) “Bush fire prone land—vegetation category 3”, > > > > > (d) “Bush fire prone land—vegetation buffer”. > > **s 96:** Am 2023 (83), Sch 2.3\[2\]; 2023 (664), Sch 1\[49\] \[50\].