Port Macquarie-Hastings Local Environmental Plan 2011
Current version for 17 April 2020 to date (accessed 2 June 2020 at 05:25)
Part 7 Clause 7.9
7.9   Development subject to acoustic controls
(1)  The objective of this clause is to ensure that development for residential or tourist purposes, or for any other purpose involving regular human occupation, on land subject to significant exposure to noise (including road traffic noise or extractive industry crushing plant operation noise) incorporates appropriate mitigation measures.
(2)  This clause applies to the land identified as “Subject to acoustic controls” on the Acoustic Controls Map.
(3)  Before granting development consent to development on land to which this clause applies, the consent authority must—
(a)  consider the location of the development in relation to the relevant criteria set out in—
(i)  NSW Road Noise Policy published by the Department of Environment, Climate Change and Water in March 2011, and
(ii)  NSW Industrial Noise Policy published by the NSW Environment Protection Authority in January 2000, and
(b)  be satisfied that the occupants of the development will not be subject to excessive noise, and
(c)  be satisfied that appropriate noise mitigation measures will be incorporated into the development to reduce noise to an acceptable level.
(4)  Land identified as “Subject to acoustic controls” on the Acoustic Controls Map is identified as being within a buffer area for the purposes of clause 1.19 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Note.
 Clause 1.19 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 prevents complying development specified for certain complying development codes from being carried out on land identified by an environmental planning instrument as being within a buffer area.