Lower South Coast Regional Environmental Plan (NSW)

1Name of plan

This plan may be cited as Lower South Coast Regional Environmental Plan No 1.

2Aims, objectives etc

The aims, objectives, policies and strategies of this plan are, in relation to the Lower South Coast Region:

• (a)

  to conserve the scenic and environmental character of the Region,

• (b)

  to maintain the scale and character of the built environment,

• (c)

  to preserve views to and from public places,

• (d)

  to protect public places from overshadowing,

• (e)

  to encourage development sympathetic to the natural landform, and

• (f)

  to enable flexibility in building design consistent with the general aims and objectives of this plan.

3Land to which plan applies

This plan applies to the land within the Shires of Bega Valley and Eurobodalla declared by order published in Gazette No 142 of 5 October 1984, to be a region called “The Lower South Coast Region” for the purposes of the Environmental Planning and Assessment Act 1979.

4Relationship to other environmental planning instruments(1)

In the event of an inconsistency between this plan and another environmental planning instrument (other than a State environmental planning policy) applying to the land to which this plan applies, this plan shall prevail to the extent of the inconsistency.

(2)

Subclause (1) applies to and in respect of an environmental planning instrument applying to the land to which this plan applies, whether that instrument was made before, on or after the date on which this plan took effect.

(3)

Nothing in this plan prevents the application of State Environmental Planning Policy No 1—Development Standards with respect to the development standard specified in clause 6 (1).

5Interpretation(1)

In this plan, except in so far as the context or subject-matter otherwise indicates or requires:

height, in relation to a building, means the distance measured vertically from any point on the ceiling of the topmost floor of the building to the natural ground level immediately below that point.

Lower South Coast Region means the land referred to in clause 3.

natural ground level means the actual physical level of a site prior to the commencement of construction work on the site.

(2)

A reference in this plan to a building does not include a reference to:

• (a)

  an aerial,

• (b)

  a chimney stack,

• (c)

  a mast,

• (d)

  a pole,

• (e)

  a receiving tower,

• (f)

  a silo,

• (g)

  a transmission tower,

• (h)

  a utility installation,

• (i)

  a ventilator, or

• (j)

  any other building, or a building of a class or description of buildings, exempted by the Minister from the provisions of this plan by notice published in the Gazette.

6

(Repealed)