Tweed Local Environmental Plan 2000
22Development near designated roads
Start here
Get a plain-English read of 22
Turn the raw legal text into a practical explanation grounded in Tweed Local Environmental Plan 2000.
22 Development near designated roads
22 Development near designated roads
(1) Objectives
• to protect and improve the capacity, efficiency and safety of designated roads.
• to prevent development on designated roads that would detract from the scenic attractiveness of the area of Tweed.
• to prevent or reduce the potential impact of traffic noise on development adjacent to designated roads.
(2) This clause applies to land that—
(a) has frontage to a designated road, or
(b) relies on a designated road for its sole means of vehicular access, or
(c) is within Zone 1 (a), 1 (b), 1 (c), 5 (a), 7 (a), 7 (d), 7 (f) or 7 (l) and has direct access to another road at a point less than 90 metres from that road’s intersection with a designated road.
(3) A person may, with the consent of the consent authority, carry out development on land within Zone 5 (a) shown by red lettering on the zone map as “Proposed Classified Road”—
(a) for a purpose for which development may be carried out on land in an adjoining zone, or
(b) for any other purpose that is compatible with development that may be carried out on land in an adjoining zone.
(4) The consent authority may grant consent to development on land to which this clause applies only if it is satisfied that—
(a) the development (because of its nature, appearance, cumulative effect or illumination, or the intensity or the volume or type of traffic likely to be generated, or for another similar reason) is unlikely to constitute a traffic hazard or materially reduce the capacity or efficiency of the designated road, and
(b) the location, standard and design of access points, and on-site traffic movement and parking arrangements, would ensure that through traffic movement on the designated road is not impeded, and
(c) the development, or proposed access to it, will not prejudice any future improvements to, or realignment of, the designated road, and
(d) where the land is in Zone 1 (a), 5 (a), 7 (a), 7 (d), 7 (f), or 7 (l), the development is of a type that necessitates a location in proximity to the designated road for reasons other than only commercial advantage, and