Part I - Other Considerations - Richmond Valley Council

Part I - Other Considerations - Richmond Valley Council Part I - Other Considerations - Richmond Valley Council

richmondvalley.nsw.gov.au
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Richmond Valley Development Control Plan 2012Planning grants approval which may be a concept approval and may be forcritical infrastructure.SEPP (Building Sustainability Index)This SEPP operates in conjunction with Environmental Planning andAssessment Amendment (Building Sustainability Index: BASIX) Regulation2004. The SEPP aims to provide consistency in the implementation of BASIXthroughout the State by overriding local provisions in environmental planninginstruments and development control plans, and specifying that SEPP 1 doesnot apply in relation to any development standard arising under BASIX. Thedraft SEPP was exhibited together with draft Regulation amendment in 2004.SEPP (Housing for Seniors or People with a Disability)This SEPP aims to encourage developments for the elderly and disabled. TheState policy seeks to provide incentives and guidelines for ‘high quality’accommodation and offers floor-space-ratio and other density concessions todevelopments meeting desirable criteria as accommodation providers to adisadvantaged sector of the community.SEPP – Regional Environmental PlanThis policy was denigrated to a State policy status from being above SEPPs inthe hierarchy of State planning instruments. The REP dealt with, andcontinues to address as a SEPP, planning matters that are of significance forthe environmental region and were prepared by the Director-General andadopted by the Minister of Planning.The repeal of the REP provisions took effect on 26 June 2009 to ‘simplify’ theState planning system in accordance with the new Division 2, Part 3 of theEP&A Act. The REP SEPP is considered to be primarily administrative innature having minimal consideration for the LEP formulation process.Remaining provisions transferred to the SEPP should be considered under79C considerations for assessment of development applications.(2) NSW Coastal Policy 1997The NSW Coastal Policy 1997 principle objective is to protect and conservethe coast for future generations and sets to achieve this through initiatives to;‣ prohibit sandmining in environmentally sensitive areas‣ banning tourism development impedes public access to beaches‣ prohibiting development on the beach fore dunes other than publicpurposeThe Coastal Policy sets to achieve the initiatives through a three tiersystematic implementation involving State, Local and communitymechanisms. All aspects of the NSW Coastal Policy initiatives have beenassumed within the translation of LEP zone allocation as recommendedthrough agency consultation and Council decision-making process. Whereappropriate, RE1 – Public Recreation is the assigned zoning for crown andCouncil parkland adjoining the coast. Less developed areas with minimalPart I – Other Considerations – Additional State Considerations I.176

Richmond Valley Development Control Plan 2012pathways are appropriately either zoned E3 – Environmental Management orE2 - Environmental Management, dependent on the future intentions on thesite or future plans governing the site. Any actual beach area or coast foredune system is appropriately zoned E2 for protection in accordance withDECCW requests.(3) The Threatened Species Conservation Act 1995If any application is in respect of development on land that is, or is a part of,critical habitat or is likely to significantly affect threatened species, populationsor ecological communities, or their habitats, a species impact statement willbe required. A species impact statement must be prepared in accordance withDivision 2 of Part 6 of the Threatened Species Conservation Act 1995.Note. Part 7A of the Threatened Species Conservation Act 1995 provides forcertain circumstances in which development is taken not to significantly affectthreatened species, populations or ecological communities, or their habitats.Part I – Other Considerations – Additional State Considerations I.177

<strong>Richmond</strong> <strong>Valley</strong> Development Control Plan 2012pathways are appropriately either zoned E3 – Environmental Management orE2 - Environmental Management, dependent on the future intentions on thesite or future plans governing the site. Any actual beach area or coast foredune system is appropriately zoned E2 for protection in accordance withDECCW requests.(3) The Threatened Species Conservation Act 1995If any application is in respect of development on land that is, or is a part of,critical habitat or is likely to significantly affect threatened species, populationsor ecological communities, or their habitats, a species impact statement willbe required. A species impact statement must be prepared in accordance withDivision 2 of <strong>Part</strong> 6 of the Threatened Species Conservation Act 1995.Note. <strong>Part</strong> 7A of the Threatened Species Conservation Act 1995 provides forcertain circumstances in which development is taken not to significantly affectthreatened species, populations or ecological communities, or their habitats.<strong>Part</strong> I – <strong>Other</strong> <strong>Considerations</strong> – Additional State <strong>Considerations</strong> I.177

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