63   Special provisions—certain land in Merrigang Street, Bowral

(1)  This clause applies to Lot 120, DP 790331, Merrigang Street, Bowral, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 82)”.

(2)  Notwithstanding any other provision of this plan, the Council shall not grant consent to the use or other development of the land to which this clause applies:

(a)  otherwise than for the purpose of commercial offices (including medical consulting rooms), building products showrooms (but not hardware shops) or community facilities, and

(b)  unless it is satisfied that the land has been appropriately remediated to make the land suitable for the purposes referred to in paragraph (a).

(3)  When considering whether or not to grant consent to the use or other development of the land to which this clause applies, the Council shall take into account:

(a)  the need for further investigation for contamination and the undertaking of remediation work to make the land suitable for such use or other development, and

(b)  the impact of any proposed remediation on any adjoining land, and

(c)  the need to restrict the range of land uses undertaken on the land, if the Council is satisfied that the land has been assessed in a validation report as being suitable for a limited range of specified land uses, and

(d)  the relevant requirements of the Environmental Planning and Assessment Act 1979, the Contaminated Land Management Act 1997, the Council’s Contaminated Land Procedures Policy, the Department of Urban Affairs and Planning Guidelines for Contaminated Land and other relevant requirements or guidelines of the Environment Protection Authority or related legislation, and

(e)  the impact of the proposed development of the land on water quality in Mittagong Creek, including the need and opportunity for the establishment of a riparian buffer zone in the vicinity of the Creek.