ENVIRONMENTAL

Statement of Environmental Effects – Lot 3 DP 270105
4. PLANNING ASSESSMENT
The application must be assessed by Council against the relevant heads of consideration detailed
under section 79C of the Environmental Planning and Assessment Act, 1979 (as amended).
4.1 Environmental Planning and Assessment Act 1979
The regulatory framework in New South Wales in regard to planning and environmental impact
assessment is embodied in the Environmental Planning and Assessment Act 1979.
The objects of the Act are:
‘(a)
Comment:
to encourage:
(i) the proper management, development and conservation of natural and
artificial resources, including agricultural land, natural areas, forests, minerals,
water, cities, towns and villages for the purpose of promoting the social and
economic welfare of the community and a better environment,
(ii) the promotion and co-ordination of the orderly and economic use and
development of land,
(iii) the protection, provision and co-ordination of communication and utility
services,
(iv) the provision of land for public purposes,
(v) the provision and co-ordination of community services and facilities, and
(vi) the protection of the environment, including the protection and conservation
of native animals and plants, including threatened species, populations and
ecological communities and their habitats, and
(vii) ecologically sustainable development, and
(viii) the provision and maintenance of affordable housing, and
(b) to promote the sharing of the responsibility for environmental planning
between the different levels of government in the State, and
(c) to provide increased opportunity for public involvement and participation in
environmental planning and assessment.’
It is considered that the proposed development is consistent with the above objectives. In
particular, the proposed development will represent an appropriate use of an existing building for a
purpose which is consistent with the locality and nearby uses. The proposal achieves the
underlying objectives of planning policy (as noted in following sections).
4.1.1 Section 79C Considerations
This application is to be assessed in accordance with the relevant provisions of the Environmental
Planning and Assessment Act, 1979. In particular, section 79C outlines matters that a consent
authority must take into consideration in determining a development application. These matters
are detailed as follows:-
Section 79C Considerations
the provisions of: items (i) to (iv) below.
any environmental planning instrument, and
Compliance
See comments below
Consideration has been given to the content of the
Hunter REP and Cessnock LEP 1989. A detailed
assessment is provided within relevant sections below.
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