New South Wales Consolidated Regulations

BEGA VALLEY LOCAL ENVIRONMENTAL PLAN 2002 - REG 19

19 Development in Zone 1 (c)

(1) Consent must not be granted to a subdivision of land within Zone 1 (c) which creates allotments intended to be used for the erection of dwelling houses, if the proposed allotments will have an area of less than 5,000 square metres.

(2) Before granting consent to the subdivision of land within Zone 1 (c) the consent authority must assess whether the size of each proposed allotment is appropriate. The following matters must be taken into consideration:

(a) the ability of the land to accommodate on-site disposal of household waste water,

(b) the standard and capacity of public roads serving the land, having regard to the likely volume of traffic to be generated as a consequence of the density of the subdivision and the means available to improve roads to a standard appropriate to the level of traffic likely to be generated,

(c) the availability of other utility services and social services, having regard to the likely demand for those services and the costs of their provision,

(d) the size of the proposed allotments having regard to the desirable sequence of development of land within Zone 1 (c),

(e) the likely impact the development will have on other land and, in particular, on land located between the land to be subdivided and major public roads and utility services,

(f) the nature and topography of the land having regard to the density of subdivision,

(g) the desirability of maintaining a low density of development in the primary catchment areas of lakes and waterways, areas of relatively high agricultural production potential or other areas where intensive subdivision may create a significant risk of soil erosion or pollution of the environment,

(h) the desirability of providing a range and mix of allotment sizes,

(i) the need to maintain a semi-rural character in the area, and

(j) the purpose for which the land is to be used after subdivision.

(3) In considering the design of a proposed subdivision of land within Zone 1 (c), the consent authority must have regard to:

(a) where the land may, in the opinion of the consent authority, be suitable for long-term urban development, whether the subdivision has been designed to facilitate its possible future resubdivision, and

(b) the necessity for and ability to construct a dam on each proposed allotment, and

(c) whether the subdivision will enable the subsequent erection of dwelling houses in a manner that appropriately relates dwellings to each other and to the topography of the land, and

(d) the risk of bushfires, and

(e) the extent to which the layout and orientation of allotments and the subsequent siting of dwelling houses on those allotments will minimise potential visual, nuisance or other conflicts related to existing and potential development on land in an adjoining zone, and

(f) features of cultural and natural heritage and landscape elements that are important for maintaining functioning ecological systems.

(4) Consent must not be granted to the subdivision of land within Zone 1 (c) which has frontage to an arterial road unless vehicular access to each proposed allotment is provided by a road other than the arterial road, except where:

(a) an existing vehicular access point to the arterial road is able to be retained or relocated to serve no more than 2 proposed allotments, or

(b) it is unreasonable or impracticable to provide alternative access, and,

in either case, vehicular access points are located and designed so as to minimise potential traffic hazards.

(5) A person shall not erect a dwelling house on land within Zone 1 (c) having an area of less than 5,000 square metres.

(6) Consent must not be granted to the subdivision of attached or detached dual occupancy development within Zone 1 (c).