State Environmental Planning Policy (Kosciuszko National Park—Alpine Resorts) 2007
14 Matters to be considered by consent authority
Note.This clause provides for matters for consideration in addition to those provided for by section 4.15 of the Act. The consent authority is also required to take into account recovery plans and threat abatement plans under the Threatened Species Conservation Act 1995. (See sections 69 and 86 of that Act.)(1) In determining a development application that relates to land to which this Policy applies, the consent authority must take into consideration any of the following matters that are of relevance to the proposed development:(a) the aim and objectives of this Policy, as set out in clause 2,(b) the extent to which the development will achieve an appropriate balance between the conservation of the natural environment and any measures to mitigate environmental hazards (including geotechnical hazards, bush fires and flooding),(c) having regard to the nature and scale of the development proposed, the impacts of the development (including the cumulative impacts of development) on the following:(i) the capacity of existing transport to cater for peak days and the suitability of access to the alpine resorts to accommodate the development,(ii) the capacity of the reticulated effluent management system of the land to which this Policy applies to cater for peak loads generated by the development,(iii) the capacity of existing waste disposal facilities or transfer facilities to cater for peak loads generated by the development,(iv) the capacity of any existing water supply to cater for peak loads generated by the development,(d) any statement of environmental effects required to accompany the development application for the development,Note.This Policy applies to land that is in the ski resort area described in clause 32A of Schedule 6 to the Act and certain other land. Regulations made under the Act set out requirements relating to the preparation of the statement of environmental effects required to accompany a development application, including specific requirements for a statement of environmental effects relating to the ski resort area if the proposed development is advertised development.(e) if the consent authority is of the opinion that the development would significantly alter the character of the alpine resort—an analysis of the existing character of the site and immediate surroundings to assist in understanding how the development will relate to the alpine resort,(f) the Geotechnical Policy—Kosciuszko Alpine Resorts (2003, Department of Infrastructure, Planning and Natural Resources) and any measures proposed to address any geotechnical issues arising in relation to the development,(g) if earthworks or excavation works are proposed—any sedimentation and erosion control measures proposed to mitigate any adverse impacts associated with those works,(h) if stormwater drainage works are proposed—any measures proposed to mitigate any adverse impacts associated with those works,(i) any visual impact of the proposed development, particularly when viewed from the Main Range,(j) the extent to which the development may be connected with a significant increase in activities, outside of the ski season, in the alpine resort in which the development is proposed to be carried out,(k) if the development involves the installation of ski lifting facilities and a development control plan does not apply to the alpine resort:(i) the capacity of existing infrastructure facilities, and(ii) any adverse impact of the development on access to, from or in the alpine resort,(l) if the development is proposed to be carried out in Perisher Range Alpine Resort:(i) the document entitled Perisher Range Resorts Master Plan, as current at the commencement of this Policy, that is deposited in the head office of the Department, and(ii) the document entitled Perisher Blue Ski Resort Ski Slope Master Plan, as current at the commencement of this Policy, that is deposited in the head office of the Department,(m) if the development is proposed to be carried out on land in a riparian corridor:(i) the long term management goals for riparian land, and(ii) whether measures should be adopted in the carrying out of the development to assist in meeting those goals.(2) The long term management goals for riparian land are as follows:(a) to maximise the protection of terrestrial and aquatic habitats of native flora and native fauna and ensure the provision of linkages, where possible, between such habitats on that land,(b) to ensure that the integrity of areas of conservation value and terrestrial and aquatic habitats of native flora and native fauna is maintained,(c) to minimise soil erosion and enhance the stability of the banks of watercourses where the banks have been degraded, the watercourses have been channelised, pipes have been laid and the like has occurred.(3) A reference in this clause to land in a riparian corridor is a reference to land identified as being in such a corridor on a map referred to in clause 5.