This plan may be cited as Hunter Regional Environmental Plan 1989.
(1) The aims of this plan are:(a) to promote the balanced development of the region, the improvement of its urban and rural environments and the orderly and economic development and optimum use of its land and other resources, consistent with conservation of natural and man made features and so as to meet the needs and aspirations of the community,(b) to co-ordinate activities related to development in the region so there is optimum social and economic benefit to the community, and(c) to continue a regional planning process that will serve as a framework for identifying priorities for further investigations to be carried out by the Department and other agencies.(2) The aims will be implemented in this plan by specifying:(a) objectives for the future planning and development of the region,(b) regional policies to guide the preparation of local environmental plans and development control plans, to control development and to control activities in the region, and(c) principles relating to future needs of the region, future development opportunities and requirements and the manner in which the effects of growth and change are to be managed.(3) (Repealed)
3 Region to which plan applies
This plan applies to land declared to be a region by the Minister under section 4 (6) of the Act, being all land in the Cities of Cessnock, Greater Taree, Lake Macquarie, Maitland and Newcastle and the Shires of Dungog, Gloucester, Great Lakes, Merriwa, Murrurundi, Muswellbrook, Port Stephens, Scone and Singleton.
4 Relationship to other environmental planning instruments
(1) This plan repeals Hunter Regional Environmental Plan No 1.(2) 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.(3) In so far as a provision of this plan indicates that any matter or thing should be undertaken by a council or other consent authority as a condition precedent to the granting of a development consent in accordance with any local environmental plan, the provision does not operate so as to render a development consent unlawful or ineffective by reason only of a failure to observe the condition.(4) In so far as a provision of this plan indicates that a local environmental plan should include, or should refrain from including, a particular requirement (whether as a condition subsequent to the inclusion in such a plan of some other requirement of a specified kind, or otherwise):(a) the provision has effect in relation to all local environmental plans applying to any land within the region, with the intent that a failure of any draft plan to comply with the provision constitutes an inconsistency, as mentioned in section 68 (4) (d) (iii) of the Act, between this plan and the draft local environmental plan concerned,(b) the provision does not, however, operate so as to render any such plan, if duly made, unlawful or ineffective by reason of such an inconsistency.
In this plan:background report means the publication entitled Hunter Regional Environmental Plan 1989—Background Report, copies of which are held in the office of the Department and in the offices of the councils of the region.
council, in relation to an area within the region, means the council of that area.
dual occupancy means the construction or conversion of a dwelling-house so as to provide two dwellings.
region means the land referred to in clause 3.
rural land means land identified, in an environmental planning instrument applying to land within the region, as either Rural, Non-Urban or Environmental Protection.
subregion means the Lower Hunter subregion, the Upper Hunter subregion or the Northern Hunter subregion, which are defined as follows:
Lower Hunter subregion—the land within the Cities of Cessnock, Lake Macquarie, Maitland and Newcastle and the Shire of Port Stephens,
Upper Hunter subregion—the land within the Shires of Merriwa, Murrurundi, Muswellbrook, Scone and Singleton, and
Northern Hunter subregion—the land within the City of Greater Taree and the Shires of Dungog, Gloucester and Great Lakes.
the map means the map marked “Hunter Regional Environmental Plan 1989”, the original of which is deposited in the office of the Department and a copy of which is deposited in the office of each council of the region.
urban development program means a program for the planning and development of urban land prepared by the Department on an annual basis.
6 Adoption of model provisions
(1) This plan adopts clause 4 of the Environmental Planning and Assessment Model Provisions 1980.(2) For the purposes of subclause (1), a reference in clause 4 of the Environmental Planning and Assessment Model Provisions 1980 to a local environmental plan shall be read and construed as a reference to a regional environmental plan.
7 Duties of certain public authorities in relation to plan preparation and development consents
Where:(a) an environmental planning instrument applying to the region or a part of the region provides (or is deemed to have provided) that development specified in the instrument may not be carried out except with consent under the Act being obtained, and an application is made to carry out development,(b) under an environmental planning instrument applying to the region or a part of the region, certain development specified in the instrument cannot be carried out because of a development standard applying to the development but nevertheless application to carry out that development is made to the consent authority pursuant to the provisions of State Environmental Planning Policy No 1—Development Standards,(c) a council decides or is directed to prepare a draft local environmental plan or the Director prepares a draft regional environmental plan applying to a part or to the whole of the region,(d) the Minister, pursuant to section 101 of the Act, gives a direction in writing to a consent authority to refer to the Secretary for determination by the Minister a particular development application or development applications of a particular class or description,(e) an environmental planning instrument applying to the region or a part of the region provides that development specified in the instrument may be carried out without the consent of the council, or without the necessity for consent under the Act being obtained from a consent authority, and that development, being development that is an activity within the meaning of Part 5 of the Act, is proposed to be carried out,then a consent authority, the Director, the Minister or a determining authority (as the case may be) should, in carrying out its or his or her function under the Act or under the instrument concerned, and for the purpose of advancing the aims and objectives of this plan enumerated in clause 2, consider the content of the background report and the objectives, policies and principles contained in this plan and relevant to the matter.