Division 138A Land at Joadja to which Division 1 applies
(1) This Division applies to Lots 1, 3, 5 and 7 DP 230058, Lot 1 DP 809796, Lot 1 DP 123751, Lots 1–2 DP 113357, all that land in FP 906340, Portions 42, 49, 54, 65, 66, 67, 74, 75, 77, 79, 80, 90, 97, 108, 109, 111 and 112 Parish of Joadja and Part Portions 53, 72, 76, 94, 96 and 151 Parish of Joadja, Joadja Road, Joadja as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 25)” deposited in the office of the council.
In this Division:conservation means all of the processes of looking after an item of environmental heritage so as to retain its historic, scientific, cultural, social, archeological, architectural, natural and aesthetic significance. It includes maintenance and may according to circumstance include preservation, restoration, reconstruction and adaptation and will commonly be a combination of more than one of these.
environmental weeds means any plant species that are deleterious to the natural environment due to their presence and potential to modify natural habitats.
items of the environmental heritage means those buildings, works, relics or places of historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance as listed in Schedule 6.
Joadja Creek wildlife corridor means that land shown hatched on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 25)”.
Joadja site means the land to which this Division applies.
noxious plant means a plant declared under section 467 of the Local Government Act 1919 to be a noxious plant in relation to the Joadja site.
38C Consent required for work on the Joadja site
A person shall not carry out a work on land to which this Division applies, except with the consent of the council.
Notwithstanding any other provision of this plan, the council may grant consent to an application for consent to subdivide land to which this Division applies if each separate allotment to be created by the subdivision will have an area of not less than 2 hectares.
(1) Notwithstanding any other provision of this plan, a person may, with the consent of the council, erect one dwelling-house on any allotment created in accordance with clause 38D.(2) The council shall not grant consent pursuant to this clause where more than 12 dwelling-houses would occupy all of the Joadja site.(3) The council shall not grant consent to the erection of a dwelling-house pursuant to this clause unless it is satisfied that the erection of such a dwelling-house is in accordance with the principles set out in clause 38F (2) (d)–(g).
38F Restrictions on granting of consent
(1) The council shall not grant consent pursuant to clause 38D or 38E unless it has made an assessment of the extent to which the carrying out of the development in accordance with the consent would affect the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of:(a) the Joadja site as a whole, and(b) individual items of environmental heritage, including items and places of aboriginal heritage, situated on that site.(2) The council shall not grant consent pursuant to clause 38D unless provision, that the council is satisfied will be adequate, has been made for:(a) the inclusion of the items of environmental heritage, as listed in Part 1 of Schedule 6, within a single allotment,(b) the conservation of such of those items of environmental heritage as are listed in Part 2 of Schedule 6, together with their setting and their relationship with the whole Joadja site,(c) a road through the Joadja site to which individual access roads are linked and fire trails which link either with individual access roads or a through road or both,(d) a building site for a dwelling-house on each allotment so that:• the dwelling-house will not be subject to flood inundation,• the erection of the dwelling-house will require minimal removal of vegetation,• the dwelling-house will not be erected on land which has previously been mined, whether or not beneath the surface level, or on land which is subject to mine subsidence,• effluent waters and stormwater run-off arising from use of the dwelling-house will be disposed of without risk of significant contamination of the Joadja Creek system, and• driveway access to the dwelling-house, and siteworks associated with the erection of the dwelling-house, will be carried out with minimal disturbance to the existing landform and without increasing the potential for erosion,(e) road access to, from and through the land which is of a standard to meet likely user needs and which is carried out so as to ensure that no significant adverse impact on the environment arises from the provision of such access (such as a significant adverse impact on the water quality of the Joadja Creek system or on erosion of the land),(f) the protection of the naturally occurring habitat of indigenous fauna, the natural unimpeded movement of fauna through the aquatic and riparian environment and thereby the minimisation of any threat to the ecological value of the Joadja Creek wildlife corridor,(g) the development to be carried out in accordance with a soil and water management plan, and(h) infrastructure to properly service the needs of the development that will be provided in such a way as to minimise any adverse impact on the environmental, ecological and heritage value of the Joadja site.(3) (Repealed)
38G Protection of items of environmental heritage
(1) A person shall not, in respect of a building, work, relic or place that is an item of environmental heritage:(a) demolish, alter or extend that building or work,(b) damage or despoil that relic or place or any part of that relic or place, or(c) excavate any land for the purpose of exposing or removing that relic,except with the consent of the council.(2) In deciding whether to grant consent to an application to carry out any such development, the council shall take into consideration the extent to which the carrying out of the development would affect the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the Joadja site as a whole and of individual items of environmental heritage.(3) The council shall not consent to the carrying out of development referred to in subclause (1) unless it has made an assessment of the extent to which the carrying out of the development in accordance with the consent would affect the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the Joadja site as a whole and of individual items of environmental heritage.(4) Where the council has received an application for consent to carry out development on the Joadja site, the council shall not grant the consent unless:(a) it has considered the archaeological potential of the land to which the application relates and the likely impact of the proposed development on the significance of any relic, place or site on the land to which this Division applies identified by the council as having heritage significance,(b) in respect of a relic, place or site referred to in paragraph (a), it has considered a conservation plan which includes an assessment of how the proposed development would affect the conservation of the relic, place or site,(c) an excavation permit has been obtained by the applicant under the Heritage Act 1977, where the significance of a relic, place or site referred to in paragraph (a) would be disturbed or where the site would be excavated, and(d) (Repealed)
(1) A person shall not remove any vegetation, other than environmental weeds and noxious plants, from the Joadja site except with the approval of the council.(2) The council shall not grant an approval required by subclause (1), unless it considers that:(a) the vegetation represents a risk to the long term conservation of items of environmental heritage,(b) the vegetation is likely to cause risk to the safety of property or persons, or both,(c) removal of the vegetation will be restricted to an absolute minimum and is required only so as to allow the erection of a dwelling-house, or(d) the vegetation does not have significant “habitat” value for native fauna.