Part I - Other Considerations - Richmond Valley Council

Richmond Valley Development Control Plan 2012(b) the earthworks are ancillary to other development for which development consent hasbeen given.(3) Before granting development consent for earthworks, the consent authority must consider thefollowing matters:(a) the likely disruption of, or any detrimental effect on, existing drainage patterns and soilstability in the locality,(b) the effect of the proposed development on the likely future use or redevelopment ofthe land,(c) the quality of the fill or the soil to be excavated, or both,(d) the effect of the proposed development on the existing and likely amenity of adjoiningproperties,(e) the source of any fill material and the destination of any excavated material,(f) the likelihood of disturbing relics,(g) the proximity to and potential for adverse impacts on any watercourse, drinking water(h)catchment or environmentally sensitive area,any appropriate measures proposed to avoid, minimise or mitigate the impacts of thedevelopment.Note. The National Parks and Wildlife Act 1974, particularly section 86, seals with disturbing or excavatingland and Aboriginal objects.(2) Consideration of potential heritage fabric with EarthworksClause 6.4 is an extension to clause 6.3. It provides that development consentfor earthworks shall not be granted unless consideration has been given towhether there is likelihood that heritage items or historic features of the NewItaly historic village area will be disturbed, exposed or destroyed by the work.In undertaking this assessment consideration must be given to anyarchaeological assessment or preliminary assessment that has beenundertaken.Extract from Richmond Valley Local Environmental Plan 2012Clause 6.4 Protection of historic New Italy area(1) The objectives of this clause are as follows:(a) to protect the area known as “New Italy”,(b)to ensure that earthworks for which development consent is required will not have adetrimental impact on cultural or heritage items or features of the historic New Italyvillage area.(2) This clause applies to land as shown coloured blue and labelled “Historic New Italy VillageArea” on the Key Sites Map.(3) Before granting development consent for earthworks on land to which this clause applies, theconsent authority must consider the following matters:(a) the likelihood that the proposed development will expose, move, damage or destroyan item that may have local heritage significance,(b) the outcome of any preliminary or archaeological assessment of the local heritagesignificance of the land (if an assessment has been carried out or has been providedby the owner).Note. Clause 5.10 deals with the conservation of heritage items and relics.(3) Heritage Act approvalsConsent under Division 9 of the Heritage Act 1977 will be required to expose,move, damage or destroy any historic or cultural features (other than identifiedlocal heritage items within Schedule 5 of the LEP) that may be discovered,whether or not it resulted from an assessment under clause 6.4. Relevantsections of the Heritage Act has been extracted below.Part I – Other Considerations – Historic New Italy Village Area I.181