17A   Development near the Armidale Airport

(1)  A person shall not, on land within the airport buffer zone:

(a)  erect a building or structure of a height that exceeds the limitation specified in the Height Limitation Plan, or

(b)  allow existing trees or vegetation to grow to a height that exceeds the height specified in the Obstacle Limitation Surface Plan, or

(c)  carry out development for the purposes of:

(i)  a dam or reservoir (not being a water storage dam for a Public Authority),

(ii)  the handling or storage of grain,

(iii)  the disposal of refuse,

(iv)  an abattoir,

(v)  a stock and sale yard,

(vi)  intensive agriculture, or

(vii)  planting trees, where clearance from natural ground level to the obstacle limitation surface is less than 40 metres,

      except with the consent of the Council.

(2)  An application made for development consent to carry out any development described in subclause (1) (a) shall be referred to the Commonwealth Civil Aviation Authority for comment where a proposed building exceeds the height specified in the Obstacle Limitation Surface Plan.

(3)  In considering whether to grant consent to the development referred to in subclause (2), the council shall take into account any comment furnished by the Commonwealth Civil Aviation Authority within 28 days (or such longer period as may be agreed upon from time to time before or after the expiration of the 28 day period) after referral of the application.