Before lodging a Development Application applicants must obtain Owner Consent.
What is Owner Consent?
The Lord Howe Island Act 1953 provides that all land on the Island is vested in the Crown.
Under Clause 49(3) of the Environmental Planning and Assessment Regulation 2000 'a development application made by a lessee of Crown land may only be made with the consent in writing given by or on behalf of the Crown'.
In the case of Lord Howe Island, the Crown is considered to be the Minister responsible for the Lord Howe Island Act, being the NSW Minister for the Environment.
The Minister has authorised the Board, Chief Executive Officer and Chairperson to grant Owner Consent in certain circumstances, subject to conditions, including:
- The value of the development must not exceed $5,000,000; and
- The proposal must comply with the current Planning Instrument; and
- The development application must not relate to the creation of a new residential dwelling.
The Board has recently commenced implementation of the Lord Howe Island On-Site Wastewater Management Strategy (the Strategy). Installation of new or upgraded wastewater systems requires development approval through the Owner and Development Consent processes. To streamline the process, the Board has prepared a checklist for use by Applicants which details the information required by the Board to allow a more rapid and full assessment of the Owner and Development Consents. Applicants may apply for Owner Consent and Development Consent at the same time, but the Development Application will not be considered until the Owner Consent has been determined.
LHI Planning Application Lodgement Kit PDF 335 KB
Owner Consent Application Form PDF 143 KB