New South Wales Consolidated Regulations

BAULKHAM HILLS LOCAL ENVIRONMENTAL PLAN 2005 - REG 18

18 Subdivision of land in Zones 1 (a), 1 (b), 1 (c), 1 (d) and 7 (a)

(1) Subject to subclause (5), land within a zone specified in paragraph (a)-(d) must not be subdivided unless each separate allotment to be created by the subdivision has an area of not less than the area specified in respect of that land:

(a) Zone l (a)-40 hectares,

(b) Zone l (b)-10 hectares,

(c) Zone l (c)-2 hectares,

(d) Zone 7 (a)-40 hectares.

(2) Consent must not be granted to a subdivision of land within Zone l (d) unless:

(a) the land forms part of an existing holding, and

(b) the number of lots to be created and that the consent authority is satisfied will be used for the purpose of erecting a dwelling-house is not greater than the area of the existing holding, expressed in hectares, divided by 2 and rounded up to the nearest whole number, and

(c) the area of each separate allotment to be created is not less than 0.6 hectares.

(3) An allotment of land created in accordance with subclause (2) must not be further subdivided into lots for the purpose of erecting a dwelling-house.

(4) Nothing in subclause (3) precludes a subdivision that complies with subclause (2) being carried out in stages.

(5) Despite any other provision of this plan, land may be subdivided, with development consent, for any of the following purposes:

(a) creating a public reserve,

(b) creating an allotment or allotments which is or are, or is or are intended to be, used for public purposes, including drainage purposes, bush fire brigade or other rescue service purposes or public convenience,

(c) making a minor adjustment to a common boundary between allotments, being an adjustment that does not involve the creation of any additional allotment,

(d) rectifying an encroachment on an allotment,

(e) consolidating allotments,

(f) opening or widening a public road,

(g) enlarging the area of any existing allotment, without reducing the area of any other existing allotment below the minimum described in subclause (1).