New South Wales Consolidated Regulations

BAULKHAM HILLS LOCAL ENVIRONMENTAL PLAN 2005 - REG 45A

45A Restriction on certain subdivisions

(1) This clause applies to all land within Zones 2 (a1), 2 (a2), 2 (a4), 2 (b1) and 3 (a), as shown on the maps marked “ Baulkham Hills Local Environmental Plan 2005 (Amendment No 5) ” and “ Baulkham Hills Local Environmental Plan 2005 (Amendment No 10) ”.

(1A) This clause also applies to all land within Zone 2 (d), as shown on the map marked “ Baulkham Hills Local Environmental Plan 2005 (Amendment No 17) ”.

(2) Despite any other provision of this plan, consent must not be granted for a subdivision of land to which this clause applies that will create a lot with an area of less than 40 hectares unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of regional transport infrastructure in relation to the land comprising that lot.

(3) The object of the contribution referred to in subclause (2) is to require assistance towards the provision of regional transport infrastructure to satisfy needs that will arise from intensive urban development of land to which this clause applies.

(4) The reference in subclause (2) to a lot with an area of less than 40 hectares does not include a reference to any such lot:

(a) identified in the certificate of the Director-General as a residue lot, or

(b) that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utilities, educational facilities, or any other public purpose.

(5) Subclause (2) does not apply to a subdivision for the purpose of rectifying an encroachment on any existing allotment or for the purpose of realigning the boundaries of existing allotments.

(6) State Environmental Planning Policy No 1-Development Standards does not apply to this clause.