| Lithgow City Council LEP 1994 provides the following:
LithgowCity Local Environmental Plan 1994
21 Notification of certain development and development in Residential and Village Zones
(1) If the Council receives an application for consent to the carrying out of:
(a) development specified in Schedule 2, or
(b) development on land within Zone No 2 (a) or 2 (v),
the Council must notify owners of the land adjoining the land the subject of the application (and any other person the Council considers to be affected by the proposed development), and must allow the persons notified a minimum of 14 days to comment before the Council determines the application.
(2) However, this clause does not apply to designated development.
Schedule 2 to the LEP states:
LithgowCity Local Environmental Plan 1994
Schedule 2Development requiring notification
(Clause 21)
1 Demolition of a building or work that is a heritage item.
2 Development for the purpose of boarding-houses, hotels, motels, residential units or tourist facilities.
3 Development for the purpose of industries (other than rural industries) in Zone No 1 (a).
4 Development for the purpose of abattoirs, hazardous storage establishment, intensive livestock keeping establishments, junk yards, offensive or hazardous industries, sawmills, stock and sale yards.
Designated development has a specific meaning under the Environmental Planning and Assessment Act and requires special notification and exhibition procedures.
All other notifications are at the discretion of the assessing officer. Should the assessing officer consider that the development is of such a type, scale or location where it may potentially cause impact to others then the officer shall arrange notification to the parties in the locality who may be potentially affected. It should be noted that Council will do its best to notify who, in it’s assessing officers opinion, may be potentially affected. It is not Council’s intention to widely notify persons further a field if, after a preliminary assessment, there is not considered to be a potential impact. Furthermore, being a potentially affected person does not necessarily mean that Council believes there will be an adverse impact. This needs to be assessed as part of the process.
|