52Zone map overlay provisions

52 Zone map overlay provisions

52 Zone map overlay provisions

(1) Objective

• to apply special provisions relating principally to environmental protection within particular areas shown on the zone map.

(2) In relation to land shown on the zone map in any one or more of the manners indicated in Column 1 of the following Table, the corresponding provisions specified opposite in Column 2 apply.

Table

| Column 1 | Column 2 | | Shown on the zone map by— | Applicable provisions | | | Consent must not be granted to development unless the consent authority has considered detailed plans of the development and for management of its consequences and made an assessment of the following matters—(a) the adequacy of proposed measures in a soil and water management plan for the purpose of maintaining or improving the quality of water entering Cudgera Creek, such measures to control soil erosion, sediment and stormwater run off, and release of ground water or surface water containing high acidity, nutrients or pollutants, resulting from disturbance and development of the site,(b) whether the proposed measures in a fauna and flora management plan for habitat enhancement and management along the eastern boundary of the land and adjacent to Cudgera Creek are satisfactory. | | | (1) Consent must not be granted to development for residential purposes unless the area of each allotment, or the site area per dwelling, is not less than 1,200 square metres.(2) A person must not remove a tree or erect a building without development consent.(3) Consent must not be granted to the erection of a building, the removal of trees or excavation unless the consent authority has made an assessment as to whether it should impose conditions relating to—(a) the height and location of buildings, and(b) the colour of materials, and(c) the removal and planting of trees,so as to ensure that the development will preserve or enhance the scenic quality of the land and surrounding land | | # | A person must not carry out any development (except for purposes authorised under the Forestry Act 1916 and purposes ordinarily incidental or ancillary to such purposes) on the land that will substantially change the topographic features or landscape or the natural state of the land, except with development consent. | | | Where the exact on-site location of a zone boundary is unclear (due to the scale of the zone map or mapping errors) and a determination of its exact location is necessary for the purposes of a development application, consent must not be granted to development unless—(a) the zone boundary is determined by a survey carried out by a suitably qualified person at the cost of the applicant and approved by the Council, and(b) the survey line, based on on-site investigations, achieves the primary objective of the most environmentally sensitive or restrictive of the zones involved. | | | Consent must not be granted to development unless the consent authority—(a), (b) (Repealed)(c) has considered a report from a suitably qualified person recommending—(i) that part of the land be conserved and protected from development, and(ii) that part of the land be rezoned to Zone 7 (l), and(iii) that a plan of management for the land be prepared. | | | Consent must not be granted to development unless the consent authority and the applicant have considered detailed plans of the development and for management of its consequences and made an assessment of the following matters—(a) the adequacy of proposed measures in a stormwater management plan for the purpose of maintaining or improving the quality of water leaving the site in both surface and ground waters, including measures to control soil erosion, sediment and stormwater run off, and release of ground water or surface water containing high acidity, nutrients or pollutants, resulting from disturbance and development of the site,(b) where the development proposes the filling of land—(i) whether or not the filling of land would increase the risk or severity of flooding of other land in the vicinity, and(ii) the potential impact of the filling of land on groundwater quality, and(iii) the likely impact of increased flooding on adjacent flora and fauna habitat, and(iv) the quality, volume and source of any fill material and the likely impact associated with the sourcing and transportation of fill material, and(v) the adequacy of the location and the justification of the design of environmental buffers between filled areas and environmentally sensitive land such as riparian areas, wetlands and waterways,(c) the adequacy of proposed drainage systems, particularly in respect of the Council’s goal that post- development drainage should mimic natural (pre-development) flows by utilising such techniques as reuse, detention, retention and infiltration,(d) the extent to which stormwater management and control is consistent with the Tweed Urban Stormwater Management Plan. |